(A) It shall be unlawful for a person to serve food at a dining facility such as a table or chair on a sidewalk except in compliance with all of the following:
(1) The dining facility shall not occupy more than 40% of the sidewalk. In the case of a sidewalk less than eight feet in width, the dining facility shall not impede the free movement of pedestrians and wheeled devices like wheelchairs and strollers;
(2) The dining facility shall be located on the sidewalk immediately adjacent and closest to the building that contains the person or business selling the food;
(3) The dining facility shall be enclosed by a temporary fence between 36 inches and 48 inches in height and not more than 50% solid;
(4) The dining facility shall not operate between November 1 and March 31; and
(5) An establishment that serves alcohol must receive written permission from the city in order to do so on a sidewalk. The fencing for the sidewalk dining facility must be partitioned off on three of four corners, with the accessible corner nearest the establishment's interior entrance. All alcohol must remain within the partitioned area except when being transported to and from indoors.
(B) Violation of this section shall be a municipal civil infraction as set forth in § 95.99.
(Ord. 15-04, passed 12-7-2015)