(a) Purpose.
(1) The City of Oberlin recognizes and desires to support the artistic and economic vitality within the "downtown business district, ("District"). The conduct of activities associated with downtown businesses within the public right-of-way requires regulation to ensure that such activities function in a manner that does not interfere with the other public activities within the District or other negative effects.
(2) The purpose of establishing these guidelines is to create a pleasant downtown environment for visitors and residents, to prevent obstructions on public sidewalks in areas characterized by high volumes of pedestrian traffic and the congregation of pedestrians on sidewalks associated with sidewalk business activity, and to ensure that adequate efforts are made to protect the health, safety and welfare of the public by requiring certain minimum levels access, sanitation and cleanliness.
(b) Definitions. The following definitions are provided to assist with the interpretation of these guidelines:
(1) Right-of-way. The public right-of-way is defined as an area of land over which the City has jurisdiction. For the purpose of these guidelines, the right-of-way refers the sidewalk area abutting a commercial business.
(2) Downtown Business District. The Downtown District refers to the Downtown District in the Downtown Revitalization and Development Plan, 2010 Update.
(3) Outdoor Business Activity. Outdoor Business Activity means activity upon a sidewalk that relates to or promotes the abutting business. Business Activity includes, but is not limited to the display and sale of products as part of the operation of the business, seating, decorations, art displays and musical performances.
(4) Litter. Litter for the purpose of these guidelines is defined as meaning any substance found within the right-of-way that is related to the business. Such items include, but are not limited to, discarded food, beverages, plates, wrappers, containers, bottles, cups, paper, cigars or cigarettes and butts.
(5) Business. A business is considered to be any permitted commercial operation with the Downtown Business District.
(6) Sidewalk sign. A sidewalk sign means a sign that is regulated under Chapter 798 of these Codified Ordinances.
(c) Conditions and Requirements. The following guidelines shall apply to the operation of an outdoor business activity:
(1) Any outdoor business activity shall be located immediately adjacent to and directly in front of the building housing the business and not extend beyond the limits of the property wherein the business is located;
(2) Except as is otherwise authorized by ordinance, rule or relegation, no sidewalk fence or barrier of any type shall be erected upon a public sidewalk.
(3) Any materials, goods, etc. shall be placed so as not to present a sight hazard to vehicular traffic or to present a sign hazard to pedestrians.
(4) No outdoor business activity shall operate in such a manner as to create any obstruction of pedestrian movements on the public sidewalk. A minimum clear width of seven and one-half (7.5) feet is required if the sidewalk is fifteen (15) feet or greater, and if the sidewalk width is less than fifteen (15) feet, two-thirds (2/3rds) of the sidewalk must remain available for unobstructed pedestrian travel and one-third (1/3) may be utilized for the business activity, exclusive of areas occupied by trees, planters, benches, bike racks, pavers, utility poles or other existing structures.
(d) Sidewalk Signs. Sidewalk signs shall comply with the sidewalk sign regulations contained within Chapter 798. Sidewalk signs shall only be placed subject to a permit issued by the City Manager.
(e) Penalty.
(1) Any person, firm or corporation that, after warning, continues or repeats a violation of the provisions of this chapter shall be assessed by written notice, an administrative penalty in the amount of one hundred dollars ($100.00) for a first violation and thereafter, five hundred dollars ($500.00) for each subsequent violation, each with legal interest thereon from the assessment of the penalty.
(2) Administrative penalties shall be paid within fourteen (14) days of receipt of notice. In the event such penalty shall not be paid as is required, the same shall be assessed against the property in which the business is located and the City Treasurer shall thereafter cause such penalty, with interest, to be certified to the County Auditor who shall enter the same upon the tax duplicate and shall be a lien upon such property from and after the date of entry thereon, to be collected in the same manner as taxes and other assessments.
(Ord. 22-34AC CMS. Passed 7-5-22.)