[HISTORY:[1] Adopted by the Borough Council of the Borough of East
Stroudsburg 6-1-2021 by Ord. No. 1378, approved 6-1-2021. Amendments noted
where applicable.]
[1]
Editor's Note: Former Ch. 109, Noise, consisting of Art. I,
Unreasonable Noises, adopted 7-21-1925 by Ord. No. 193, approved 7-21-1925,
as amended, and Art. II, Sound Equipment on Motor Vehicles, adopted
12-4-1945 by Ord. No. 349, approved 12-5-1945, as amended, was repealed
12-2-2014 by Ord. No. 1292, approved 12-2-2014.
This chapter shall be referred to as the "Seasonal Outdoor Dining
Ordinance."
This chapter shall take effect immediately upon its adoption
and shall remain in full force and effect through 10:30 p.m., November
1, 2021, and shall be in effect annually from May 1 through November
31.
The intent of this chapter is to permit an expansion of seasonal
outdoor dining licenses, to authorize the issuance of new seasonal
outdoor dining licenses, to establish other areas on public streets,
rights-of-way and public places within the Borough of East Stroudsburg
for use as outdoor food and beverage consumption and to establish
rules and regulations that assure that seasonal outdoor dining is
used and operated in manners consistent with the orders of the Governor
of the Commonwealth of Pennsylvania and the Secretary of Health of
the Commonwealth of Pennsylvania.
For the purposes of this chapter, certain words and phrases
shall have the meanings described to them by this section, unless
the context clearly indicates a different meaning.
Beverages for consumption, including those that contain alcohol
and those that do not.
The Health Officer of the Borough of East Stroudsburg, Zoning
and Codes or his/her authorized representative.
A license issued by the Borough of East Stroudsburg for an
outdoor dining area pursuant to this chapter.
The Borough Manager of the Borough of East Stroudsburg or
his/her authorized representative.
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 is not located
on or does not encroach upon the pedestrian walkway as established
under the provisions of this chapter. It shall not be enclosed by
fixed walls and shall be open to the air, except that it may have
a canopy. It may but is not required to abut its sponsoring restaurant.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Restaurant, coffee shop, cafeteria, short-order cafe, diner,
luncheonette, tavern, sandwich stand, soda fountain and all other
eating or drinking establishments where food is sold, as well as kitchens
or other places in which food or drink is prepared for sale elsewhere.
The rules and regulations promulgated by the Manager pursuant to § 109-7 of this chapter.
A license issued hereunder for the use of a sidewalk area
and/or street right-of-way for an outdoor dining area during the term
of this chapter. Seasonal licenses include licenses for the expansion
of an existing outdoor dining area and new licenses issued hereunder.
An outdoor dining area operating during the term of this
chapter pursuant to a seasonal license.
That portion of the Borough street right-of-way reserved
for sidewalks, which areas are defined on the Borough Plan.
The entire right-of-way of a public highway, public alley
or public road, including the designated sidewalk areas.
Street signs, parking meters, benches, decorative streetlights,
streetlights, planters, fire hydrants and tree wells.
A.Â
Any person having an outdoor dining area may submit an application
to the Manager to expand the location of their existing outdoor dining
area during the term of this chapter. Except as otherwise set forth
in this chapter and in the rules and regulations, all of the application
requirements set forth in this section of the seasonal outdoor dining
Ordinance of the Borough of East Stroudsburg apply to the application
for the seasonal expansion of area covered by the seasonal license.
B.Â
Any person may submit an application for a seasonal license for a
seasonal outdoor dining area to the Manager for which there will be
no application fee.
C.Â
Except as otherwise set forth in this chapter, rules and regulations
(except those related to zoning) shall apply to all seasonal licenses.
No zoning approval is required for any seasonal license. The grant
of a seasonal license confers no property right to the holder of the
seasonal license and may be revoked at any time by the Borough. A
seasonal license, if issued, shall not constitute an expansion of
the existing use for any reason including zoning purposes.
D.Â
The Manager may temporarily designate areas owned by the Borough
such as parks, sidewalks, and/or rights-of-way for use as seasonal
outdoor dining areas. If a seasonal license is granted, then the seasonal
license holder may only use only those portions of Borough property
as designated in the seasonal license as a seasonal outdoor dining
area.
E.Â
All provisions of this chapter related to the operation and use of
outdoor dining areas apply to all holders of the seasonal licenses.
F.Â
The seasonal license for outdoor dining shall expire upon its own
terms on November 1 annually, unless sooner revoked by the Borough.
G.Â
A seasonal license holder must comply with all other licensing and
permit requirements by any local, state, or federal agency with jurisdiction
over all or part of its business in order to maintain the seasonal
license.
H.Â
The terms of this chapter shall supersede the terms of any other
ordinance of the Borough which is in conflict herewith to the most
limited extent possible. This chapter shall remain in effect until
this chapter is amended or revoked by further action of Borough Council.
A.Â
Table service of food or beverage of any kind shall only be provided
in an outdoor dining area in accordance with the orders of the Governor
of the Commonwealth of Pennsylvania, orders of the Secretary of Health
of the Commonwealth of Pennsylvania, applicable regulations of the
Pennsylvania Liquor Control Board and laws of the Commonwealth of
Pennsylvania.
B.Â
During the term of this chapter, persons operating an outdoor dining
area must strictly adhere to the following requirements:
(1)Â
Patrons may consume food and beverage purchased from a seasonal license
holder in that seasonal license holder's outdoor dining area
at designated tables in locations approved by the Manager.
(2)Â
The tables must be located in the locations approved by the Manager
and with the amount of seating so approved by the Manager. No combining
of tables or adding chairs to tables, whether they be from other tables
located in the outdoor dining area or elsewhere, is allowed.
(3)Â
Other than for purposes of ingress and egress to seating in the outdoor
dining area, no standing of any kind is allowed in the outdoor dining
area. The number of people in the outdoor dining area is limited to
the number of seats that are available and all people in the outdoor
dining area must be seated while consuming food or beverage.
(4)Â
All outdoor dining areas shall be operated in a manner consistent
with the rules and regulations. Any and all such rules and regulations
can and will be changed from time to time based on changes in CDC
guidelines related to the COVID-19 pandemic, new orders issued by
the Governor and/or the Secretary of Health of the Commonwealth of
Pennsylvania and any other circumstances deemed appropriate by the
Manager related to the safety of patrons and employees.
A.Â
The Manager is hereby authorized and directed to establish and promulgate rules and regulations for the issuance of seasonal licenses and for the operation and utilization of outdoor dining areas. Such rules and regulations will become effective when filed with the Executive Secretary and posted on the Borough of East Stroudsburg's website. As set forth in § 109-6B(4) above the Manager may amend such rules and regulations from time to time as the CDC, the Pennsylvania Department of Health or the Governor of Pennsylvania changes guidelines. Any amendments will also become effective upon filing with the Executive Secretary and posting on the Borough of East Stroudsburg's website.
B.Â
The rules and regulations not covered in §§ 109-4, 109-5 and 109-6 will address, at a minimum, the following:
(1)Â
Procedures for the issuance of seasonal licenses;
(2)Â
The size and number of tables and chairs allowed in outdoor dining
areas;
(3)Â
The specific areas within outdoor dining areas where tables and chairs
may be located;
(4)Â
Hours of operation for outdoor dining areas;
(5)Â
Requirements for posting of signage and licensure under this chapter;
(6)Â
Requirements for cleaning and sanitation of table and chairs and
other surfaces;
(7)Â
Such other matters as deemed necessary or appropriate for inclusion
therein by the Manager; and
(8)Â
Outdoor entertainment shall end no later than 10:00 p.m.
C.Â
Any violation of the rules and regulations shall be deemed a violation
of this chapter subject to penalties provided for herein.
A.Â
The holder of a seasonal license is subject to penalty as hereinafter
provided should that holder violate any term of this chapter or any
provision of the rules and regulations.
B.Â
Any person utilizing an outdoor dining area contrary to or in violation
of any term of this chapter or the rules and regulations is guilty
of a violation of this chapter and subject to the penalties set forth
herein.
C.Â
It shall be a violation of this chapter for any person to utilize
any Borough property as an outdoor dining area without obtaining a
license under this chapter.
A.Â
Police officers, the Health Officer, and all Code Officers of the
Borough of East Stroudsburg are authorized to enforce the provisions
of this chapter.
B.Â
All officials authorized to enforce the provisions of this chapter
that are not officers in the Stroud Area Regional Police Department
shall have the powers of a police officer, except the power of arrest.
A.Â
This chapter shall not affect the requirements of all persons to
comply with any open container laws of the Commonwealth of Pennsylvania.
C.Â
In accordance with Pennsylvania law and this chapter, holders of
seasonal licenses shall comply at all times with the requirements
of the Pennsylvania Liquor Control Board related to the service of
alcoholic beverage.
A.Â
For purposes of this chapter, any violation by an individual of this chapter or the rules and regulations for the use of tables and chairs in outdoor dining areas shall constitute an act of prohibited conduct under § 117-2 of the Code of the Borough of East Stroudsburg.
B.Â
In addition to any of the violations and penalties set forth above, any person violating the provisions of this chapter or the rules and regulations regarding the use of outdoor dining areas shall also be subject to the violations and penalties provisions of § 117-2 of the Code of the Borough of East Stroudsburg.
In the event any provision, section, sentence, clause or part
of this chapter shall be held to be invalid, such invalidity shall
not affect or impair any of the remaining provisions, sections, sentences,
clauses or parts of this chapter; it being the intent of the Borough
of East Stroudsburg that the remainder of the chapter shall be and
shall remain in full force and effect.
A.Â
Any person who shall violate or fail to comply with any of the provisions
of this chapter shall, upon conviction thereof in a summary proceeding
before any District Justice in the County of Monroe, be sentenced
to pay a fine not less than $50 and not more than $600 for each offense
and the costs of prosecution, to be collected as other fines and costs
are by law collectible, or imprisoned for not more than 30 days, or
both. Each day during which a violation occurs shall constitute a
separate offense. Each day's violation of any of the provisions
of this chapter shall constitute a separate offense.
B.Â
Notice and payment of violation. Upon the discovery of any violation
under the terms of this chapter, the Municipality shall, through its
authorized agents, give notice to the owner of a violation hereunder,
either by personal delivery to such owner, by United States mail directed
to the last known address of such person or persons, as shown in the
real estate registry records of the municipality, or by leaving the
same on the premises where such violation occurs.
C.Â
The first violation shall be a warning. If such person shall, within
seven days after the delivery, mailing or leaving of such notice,
pay to the Treasurer of the municipality the sum of $25 for the second
violation, the same will constitute full satisfaction for the violation
noted in said notice. If three or more violations are issued for the
same property during a calendar year, the third violation's payment
shall increase an additional $75 to a total of $100. The fourth violation
shall result in revocation of the outdoor dining permit for a one-year
period. The failure of such person to make payment, as aforesaid,
within seven days shall render such owner subject to the penalties
as provided hereinabove.
D.Â
Any person holding a seasonal license who is convicted of a third
violation of any of the provisions of this chapter shall have his/her/its
seasonal license suspended for one full year and shall not be eligible
for another outdoor dining area license until the expiration of one
full year from the date of conviction should outdoor dining be permitted
in 2021.
E.Â
This chapter and the foregoing penalties shall not be construed to
limit or deny the right of the Borough of East Stroudsburg or any
person to such equitable or other remedies as may be otherwise available
with or without process of law. The Borough is authorized to seek
injunctive relief to enforce any provisions of this chapter.
