[Adopted 9-14-1959 by Ord. No. 379 (Ch. 21, Part 5, of the
1993 Code)]
[Amended 5-12-1975 by Ord. No. 614]
[Amended 11-13-2019 by Ord. No. 985]
A.
No person shall place or maintain any obstruction upon any street,
alley or sidewalk, except as the same may be specifically authorized
in this article or any other ordinance of the Borough, provided that
nothing herein shall apply to or limit the lawful use of streets and
alleys for vehicular travel and the parking of vehicles.
B.
It shall be lawful to place and allow to be placed tables, shelves
and/or clothing racks, not exceeding 30 inches in depth and five feet
in length, on the sidewalks in the C-B-R District for the purpose
of trade, sale or offering for sale. Upon approval of an application
submitted to the zoning officer or their designee stating the size
and dimensions of the table, shelf and/or clothing rack, each business
shall be permitted to place tables, shelves, and/or racks to be placed
against the main wall of the building wherein said business is located,
such tables, shelves, and/or racks to be removed at the close of each
business day. Said tables, shelves, and/or racks shall only be permitted
where the sidewalk has a level grade and the sidewalk improvements
are wide enough to maintain a pedestrian walkway width of at least
five feet on Main Street and Oak Street and four feet on all other
streets.
C.
Cafe sidewalk dining.
(1)
RESTAURANT
SIDEWALK AREA
SIDEWALK CAFE
Definitions. As used in this article, the following terms shall have
the meanings indicated:
That portion of the Borough street right-of-way reserved
for sidewalks.
An outdoor dining area operated by a restaurant located on
a sidewalk area or other designated public place and containing removable
tables, chairs, plants and related appurtenances, which does not encroach
upon the pedestrian walkway as established under the Borough of Irwin
Code. It shall not be enclosed by fixed railings, walls or other improvements,
and shall be open to the air.
[1]
Editor's Note: See 35 P.S. § 637.1 et seq.
(2)
Cafe sidewalk dining shall be permissible if in compliance with the
following requirements:
(a)
Sidewalk dining shall be an accessory to and extension of a
lawful and permitted restaurant, pursuant to the Borough of Irwin
Code and all other applicable provisions, located within the C-B-R
District. Said sidewalk dining area shall be located on the same parcel
as the restaurant, shall be abutting the restaurant, and said area
shall have direct access to the interior of the restaurant through
a door for use by the public. Alcohol may be sold to and consumed
by patrons in the sidewalk dining area if the restaurant has a valid
license for the sale and/or on-site consumption of alcoholic beverages,
as issued by the Pennsylvania Liquor Control Board.
(b)
The restaurant must obtain a cafe sidewalk dining permit from
the Borough. The cafe sidewalk dining permit shall be subject to an
application and inspection fee, in an amount to be set by Council
by way of resolution.
[Amended 7-14-2021 by Ord. No. 995]
(c)
Cafe sidewalk dining shall only be permitted where the sidewalk
has a level grade and the sidewalk improvements are wide enough to
maintain a pedestrian walkway width of at least five feet on Main
Street and Oak Street and four feet on all other streets. The sidewalk
dining area shall be separated from the remainder of the sidewalk
by temporary barriers, such as through the use of temporary stations
with retractable belts or ropes.
(d)
Smoking shall not be permitted in cafe sidewalk dining areas.
(e)
The possession and consumption of alcoholic beverages in the cafe sidewalk dining area shall be permitted, if lawfully sold by the restaurant pursuant to the appropriate and necessary permits and licenses as issued by the commonwealth and the municipality. Persons shall not be in violation of the Borough of Irwin Code §§ 80-2 and 80-3 solely by virtue of their possession and consumption of alcoholic beverages in compliance with this Code and within the cafe sidewalk dining area. Said alcoholic beverages may not leave the cafe sidewalk dining area, unless they are brought into the restaurant. Should a patron of the restaurant who is possessing and/or consuming alcoholic beverages become an annoyance to peaceable persons nearby or traveling upon any street, alley or sidewalk, they shall be subject to the provisions of the Borough of Irwin Code §§ 80-2 and 80-3.
(f)
All items placed by the restaurant in the cafe sidewalk dining
area shall be temporary in nature. All patrons must be seated at tables.
There shall be no standing room. Live entertainment shall be prohibited
in the cafe sidewalk dining area. Lighting shall not create glare
for pedestrians and motorists. Nothing may be permanently affixed
to the sidewalk or exterior of the building to accommodate cafe sidewalk
dining. All items placed in the cafe sidewalk area must be removed
when the restaurant is not in operation. No items may be placed in
such a position as to block the expedient entry of or exit from the
restaurant or the cafe sidewalk dining area.
Any person engaged in delivering any goods, wares or merchandise
to any property abutting upon any sidewalk or in removing any personal
property of any nature or character whatsoever from such property
may temporarily, for a total period of not more than one hour, place
such goods, wares or merchandise, or other personal property, upon
such sidewalk, as close as possible to the curb, to facilitate the
loading or unloading of the same. The occupant of such property, or
the owner thereof where such property is not occupied, shall be responsible
for adhering to the requirements of this section, and any failure
to conform to such requirements shall constitute a violation of this
article.
[Amended 5-12-1975 by Ord. No. 614; 7-7-1993 by Ord. No. 791]
Any person engaged in the construction, reconstruction or repair
of any sidewalk and/or curb may obstruct such sidewalk and the portion
of the street directly abutting the same, where there is not sufficient
space upon the sidewalk, with materials, tools and supplies used in
the work of construction, reconstruction or repair of the sidewalk
and/or curb and may block off such sidewalk and/or street where necessary
for the protection of the public and the pursuance of such work, provided
a permit for such obstruction shall first be obtained from the Manager,
the fee for which shall be in an amount as established, from time
to time, by resolution of the Borough Council; and provided, further,
every such obstruction, whether comprising material, tools, supplies
or blocked-off portions of the sidewalk and street, shall be adequately
guarded and blocked off and, between sunset and sunrise, shall be
indicated by one or more warning lights.
[Amended 5-12-1975 by Ord. No. 614; 7-7-1993 by Ord. No. 791]
Any person desiring to open or disturb the surface of any sidewalk,
for any purpose whatsoever, shall first obtain a permit therefor from
the Manager, for which there shall be a fee in an amount as established,
from time to time, by resolution of the Borough Council. The permit
shall state any safety requirements, the manner of reconstruction
and an expiration date. Provided, no other permit required by this
article shall be necessary.
[Amended 5-12-1975 by Ord. No. 614; 7-7-1993 by Ord. No. 791]
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$600, and costs, and, in default of payment thereof, shall be subject
to imprisonment for a term not to exceed 30 days. Each day that a
violation of this article continues shall constitute a separate offense.
