(A) All tables and chairs for dining shall be set within the area designated on the dining permit application and it shall be the responsibility of the permit holder to ensure tables, chairs and other dining furniture do not encroach upon any part of the sidewalk not designated on his or her dining permit.
(B) All outdoor dining furniture, including tables, chairs, umbrellas, barriers, propane heaters and authorized accessory items, shall be readily movable.
READILY MOVABLE shall mean that no object as stated above, which is part of the dining, shall be leaded, cemented, nailed, bolted, power riveted, screwed-in or affixed, even in a temporary manner, to either the public way on which the dining is placed, to the building, or to any other structure which the dining abuts. Umbrellas must be secured with a minimum base of not less than 60 pounds.
(C) Accessory devices for the comfort of patrons, such as air conditioners, fans, propane heaters, amplified sound or speakers may be used at dining locations; provided, however, that any such devices, cables or wiring are installed and operated in a safe and responsible manner in compliance with applicable codes. Devices with a heating element may be permitted with the approval of the Fire Inspector.
(D) Dining components, such as tables and chairs, shall be constructed of commercial quality materials for the use(s) in which they are employed in the dining. No components of dining may be constructed primarily of plastic, plastic resin or fabric; however, dining components made of dimensional pieces of high-density polyethylene (HDPE), and umbrellas made of fabric are acceptable.
(E) Within one hour of the close of the dining for the night, and on days when the dining is not in operation, tables, chairs, barriers, accessory devices and all other elements used in the operation of an outdoor café shall be either:
(1) Removed from the sidewalk and stored indoors; or
(2) Orderly secured by means of chains or cables and locks, or other secure means, in a manner that prevents the use of the dining elements to cause injury to persons or property. Secured elements shall be arranged in such a manner as to not obstruct maintenance of the sidewalk.
(Prior Code, § 5-1F-5) (Ord. 878, passed 1-17-2022) Penalty, see § 95.999