Notwithstanding other provisions in this chapter to the contrary, the Municipal Administrator may issue a revocable annual permit for the display of merchandise in the public right-of-way, provided that such display complies with all of the following requirements:
(a) The right-of-way area on which the display is to be located shall be flat and if it is paved, in good repair.
(b) The location and nature of the display shall not interfere with the clear vision of a motorist on the adjoining street, particularly at any intersection of the sidewalk and another street or alley. The area occupied by the display shall not extend laterally along the right-of-way beyond the property frontage of the adjacent business displaying the merchandise.
(c) The display’s location shall leave a clear and unencumbered area of not less than five feet between the edge of the display area (as defined on the site plan) and any other obstruction (including but not limited to utility poles, street lights, street furniture, fire hydrants, planters, plants, tree guards, and trash receptacles) for the convenient and safe passage of pedestrians along the sidewalk through the clear area.
(d) Furnishings for the display of merchandise shall consist solely of readily removable awnings, covers, canopies, tables, pallets and racks. Furnishings may not be attached, even in a temporary manner, to the sidewalk or other public property. All furnishings must be completely contained within the area permitted for the sidewalk display. All furnishings shall be secured for normal wind load when the business is closed during the operating season. Plastic or resin furnishings are not permitted. During periods other than the operating season, all furnishings shall be removed from the permitted area. The permitted operating season shall be from March 15 to November 15.
(e) The business owner displaying the merchandise shall keep the area clean and free of all paper, trash, litter, refuse, and debris and shall power wash the sidewalk or public way when necessary.
(f) Other than signs for which a sign permit has been issued by the Municipality, no signs or any other forms of advertising including but not limited to logos, lettering or advertising are permitted in the merchandise display area on furnishings or any other objects.
(g) Cooking is not permitted within the merchandise display area.
(h) Municipally owned electrical outlets shall not be used for any purpose related to the merchandise display.
(i) The business owner displaying the merchandise accepts complete liability for any claims that may arise from such use of the display area. The business owner shall provide the Municipality with a certificate of insurance naming the Municipality as an additional insured in the minimum amounts of two hundred fifty thousand dollars ($250,000) per person and seven hundred fifty thousand dollars ($750,000) per occurrence. The permittee has an ongoing responsibility to provide the Municipality with current certificates of insurance to comply with this requirement. A permit for the display of merchandise on public right-of-way shall not be valid unless the Municipality has been provided with a current certificate of insurance.
(j) The permit application shall include a site drawing prepared by the applicant showing a dimensioned plan of the display area. Such drawing shall include as a minimum the location of all proposed display furnishings, any electrical outlets to be used for the display, existing sidewalks, buildings, curbs, street lights, street trees, benches, utility poles, street furniture, fire hydrants, planters, plants, tree guards and trash receptacles. The drawing shall also demonstrate that the display’s location shall leave the required clear and unencumbered area of not less than five feet between the edge of the display area and any other obstruction for the convenient and safe passage of pedestrians along the sidewalk through the clear area.
(k) The operator of the business displaying the merchandise shall be responsible for the restoration of the sidewalk and any other publically owned property damaged as a result of the operation of the merchandise display.
(l) Permits issued pursuant to this section are not transferable.
(m) A fee as determined from time to time by Council shall be paid at the time a permit application for the display of merchandise in the public right-of-way is submitted.
(n) The Municipality reserves the right to prohibit the placement, display or sale of items that are a hazard to the public, at the sole judgment of the Municipal Administrator.
(Ord. 12-10. Passed 5-24-10.)