Borough of Verona, PA Article VII Outside Dining and Vending Along Sidewalks

[Adopted 7-8-2014 by Ord. No. 03-2014[1]]

[1] Editor's Note: This ordinance superseded former Art. VII, Outside Dining and Vending Along Sidewalks, adopted 9-9-2008 by Ord. No. 9-2008, as amended.

§ 215-23 Permit required.

Outside dining shall be permitted for any restaurant within the Borough, provided that said restaurant fill out an application and receive a permit for same from the Borough Manager, and further provided that the regulations contained in this article be followed.

§ 215-24 Regulations for outside dining.

The following regulations shall be adhered to for any restaurant:

A. Outside dining shall be permitted only during the months of April 1 through October 31.

B. There shall be no alcohol, music or storage stations outside.

C. The applicant shall obtain an inspection from the Code Enforcement Officer to ensure that there are no firesafety concerns with regard to the placement of outside dining tables and chairs.

D. There shall be no plastic tables or chairs; rather all tables and chairs shall be wood or cast metal.

E. All outside dining furniture must either be secured or removed at the end of every night.

F. No outside dining area shall exceed the side property line unless express written approval is obtained from the neighbor.

G. All signs shall be either A-frame style or other professional type sign as approved by Council for the Borough of Verona.

H. There shall be sufficient room for wheelchairs and motorized scooters to proceed unobstructed along the sidewalks.

I. The Borough, upon good cause shown by an applicant and following public consideration for same, may waive any of the regulations from Subsections A through G. The Borough may not waive the regulation in Subsection H.

§ 215-25 Regulations for outside vending.

The following regulations shall be adhered to for any business providing outside vending on sidewalks directly adjacent to the business:

A. Outside vending shall be permitted only during the months of April 1 through October 31.

B. No outside vending area shall exceed the side property line unless express written approval is obtained from the neighbor.

C. All vending shall be done from tables that are at least three feet from the building and at least six feet to eight feet in length.

D. The applicant shall obtain an inspection from the Code Enforcement Officer to ensure that there are no firesafety concerns with regard to the placement of outside vending tables.

E. All outside vending tables and wares must be removed from the sidewalk at the close of business.

F. There shall be sufficient room for wheelchairs and motorized scooters to proceed unobstructed along the sidewalk.

G. The Borough, upon good cause shown by an applicant and following public consideration for same, may waive any of the regulations from Subsections A through E. The Borough may not waive the regulation in Subsection F.

§ 215-26 Permit fee.

The permit for said outside vending or dining shall be $50 plus whatever fee is required for the safety inspection as set by resolution of Borough Council.

§ 215-27 Violations and penalties. [1]

Any person violating this article shall be subject to a fine of not less than $100 nor more than $1,000 plus actual costs of prosecution incurred. Upon conviction of two violations of this article, the permit shall be revoked. Any business providing outside dining or vending without first having obtained a permit or after having the permit revoked shall be subject to a fine of not less than $500 and not more than $1,000. Each day a violation occurs shall constitute a separate offense regardless of whether a separate citation is issued, which could lead to a fine for each day the violation is permitted to exist.

[1] Editor's Note: Section 37 of Ord. No. 03-2014, adopted 7-8-2014, stated that any person who shall violate any provision of this article or who knowingly files a false report required by this article shall, upon conviction thereof, be sentence to pay a civil fine of not more than $1,000.