(A) (1) No person shall for the purpose of display, exhibition, seating or sale, place or permit or allow the placing of any merchandise or commodity beyond the real estate boundary of the premises occupied by him or her facing a public highway or sidewalk without a valid sidewalk encroachment permit, if applicable.
(2) Activities performed without a valid sidewalk encroachment permit are a violation of the provisions of this subchapter.
(B) Planters, public benches without advertising and trash containers may be placed on a sidewalk directly adjacent to a business without a sidewalk encroachment permit as long as a minimum clear straight pathway of 48 inches can be maintained at all times. Bike racks may be installed by a business district as long as a minimum clear straight pathway of 48 inches can be maintained at all times, including when bicycles are attached, and shall meet all other provisions of this chapter. Bike racks must compliment the architecture of the business district and shall have approval of the Board of Public Works and Safety.
(1) Eligible sidewalks for encroachment shall be all sidewalks where a minimum of 48 inches of clear straight pathway can be maintained adjacent to a business after the encroachment is located on the sidewalk.
(2) All sidewalk encroachment permits shall be approved by the city Board of Public Works and Safety and may be subjected to approval of other applicable agencies including, but not limited to, the state’s Department of Transportation and city’s Department of Public Works.
(3) Encroachments shall not limit access to any public safety related public improvements such as fire hydrants or infringe upon a pedestrian’s free and safe passage along a sidewalk.
(4) (a) Businesses requesting a sidewalk encroachment permit for outdoor seating shall be businesses who sell retail food as a primary or secondary part of their daily operations and shall abide by all requirements established in Ch. 165 of this code of ordinances. No alcoholic beverages may be served in outdoor seating areas located on a sidewalk.
(b) If a business requesting a sidewalk encroachment permit for outdoor seating is required by law, statute or regulation to enclose or separate the encroachment from the rest of the public right-of-way, the method of enclosure or separation, such as a fence, shall be reviewed and approved by the Department of Public Works and Safety and shall abide by all requirements established in Ch. 165 of this code of ordinances.
(5) Businesses eligible for a sidewalk encroachment permit for merchandising shall be all businesses conducting retail sales as the major part of their daily operations and whose businesses are housed immediately adjacent to the area of sidewalk requested for merchandising use.
(6) Encroachment for outdoor seating may be approved for a one-year period. Permits will valid for a calendar year, January 1 to December 31.
(7) Encroachment for outdoor merchandising may be approved for up to a 48-hour period. Permits may not be granted for back to back 48-hour periods and may be limited in number by the Board of Public Works and Safety. Permits for regular or reoccurring encroachment may be considered on a case by case basis. Encroachments for a period up to 72 hours may be approved only if 24 hours of the request falls on Independence Day, Memorial Day or Labor Day.
(8) All sidewalk encroachment requests shall be accompanied by the appropriate application fee, required attachments and a form prescribed by the Department of Metropolitan Development which shall include the following information at a minimum:
(a) Name, street address and phone number and email address of applicant;
(b) Name and street address of property owner if the owner is not the applicant:
(c) Street address of the property where encroachment is requested;
(d) A certificate of insurance establishing proof of a comprehensive general liability policy naming the city as one of the insured to remain in effect during the term of encroachment;
(e) A drawing to scale of the proposed encroachment demonstrating how the clear straight pathway will be maintained including:
1. The relationship to public improvements including, but not limited to, planters, fire hydrants, utility poles, trees, tree grates, landscaping, trash containers and benches;
2. The location and type of merchandise or seating to be displayed; and
3. The existing and proposed circulation pattern for pedestrians with the exact dimensions of the clear straight pathway; and other information applicable to the type of encroachment requested.
(f) Length of time requested for the encroachment;
(g) Plans for the operation of the encroachment including, but not limited to, hours of operation, services to be provided, maintenance and cleaning; and
(h) Evidence that adjacent property owners have been notified of the proposed encroachment.
(9) Applications for a sidewalk encroach- ment permit should be submitted at least 30 days prior to the date the applicant wishes to encroach, but no earlier than 90 days.
(10) Applications for an annual sidewalk encroachment permit for outdoor seating shall be assessed an application fee of $50 for a one year permit.
(11) Applications for a sidewalk encroachment permit for outdoor merchandising for a single event, up to 48 hours, shall be assessed an application fee of $15. If multiple dates for separate events, up to 48 hours each, are listed on the same application, an application fee of $25 shall be assessed.
(12) Applications for special events may be submitted on one application as long as all information required in division (B)(8) above is included for all businesses that plan to encroach on the sidewalk. The application fee for a special event encroachment shall be $35.
(13) The applicant shall maintain a copy of his or her permit and application at their location for inspection upon request by any city official/officer.
(14) (a) Any encroachment permit may be revoked by any city official/officer of authority if that official/officer has found that any petitioner for that permit has violated any terms or conditions of the permit whereas public safety is compromised
(b) No person shall place any signs along and on the sidewalks, unless allowed by Chapter 165 of this code of ordinances, or in the area between the sidewalks and the curbs of the city.
(Prior Code, § 96.02) (Ord.49-2008, passed - -2008) Penalty, see § 157.999