Town of Wallingford, CT
New Haven County
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Table of Contents
Table of Contents
[Adopted 5-28-2013 by Ord. No. 590[1]]
[1]
Editor’s Note: This ordinance also repealed former Art. IV, Seasonal Outdoor Sidewalk Dining, adopted 2-24-2004 by Ord. No. 514.
Seasonal outdoor restaurant dining shall be allowed on public sidewalks by permit as specified herein. No restaurant shall use the public sidewalk for any dining purposes without a permit. This article applies to outdoor dining regardless of whether alcohol is served.
Sidewalk dining shall be permitted on the following streets:
A. 
The easterly side of North Main Street from Academy Street and westerly sidewalk of North Main Street from Church Street southerly to Center Street, including the sidewalks located in the Simpson Court area.
B. 
The northerly sidewalk of Center Street from North Main Street easterly to Wallace Avenue and southerly sidewalk of Center Street from South Main Street easterly to Fair Street.
C. 
The northerly sidewalk of Center Street from North Main Street westerly to North Colony Road and southerly sidewalk of Center Street from South Main Street westerly to South Colony Road.
D. 
The northerly sidewalk of Hall Avenue from North Colony Road westerly to North Cherry Street and the southerly sidewalk of Hall Avenue from North Colony Road westerly to North Cherry Street.
E. 
The northerly sidewalk of Quinnipiac Street from South Colony Road westerly to Washington Street and the southerly sidewalk of Quinnipiac Street from South Colony Road westerly to Washington Street.
Applications for a permit to engage in seasonal outdoor dining on a public sidewalk shall be made to the Building Department on a form provided by said Department. Applications must include the following information:
A. 
The owner of the restaurant establishment and his contact information;
B. 
The permittee's name and contact information;
C. 
The property owner's name and contact information;
D. 
A scale drawing of the sidewalk area abutting the restaurant with location of tables and chairs; access point to outside area; placement of fence/barrier;
E. 
Any additional information deemed necessary by the Building Department.
F. 
The westerly section of Wallace Avenue from Center Street to its terminus.
[Added 5-14-2019 by Ord. No. 629]
The Building Department shall review the application and inspect the property to ensure compliance with this article and to verify that there is sufficient sidewalk available for pedestrian traffic beyond the designated dining area.
If the application is determined to be in compliance with this article, a permit shall be issued upon receipt of the following:
A. 
A certificate of insurance providing for liability insurance in the amount of $1,000,000 per occurrence and $2,000,000 general aggregate. The Town of Wallingford shall be named an additional insured.
B. 
An executed indemnification agreement holding the Town of Wallingford harmless for any and all claims, actions, injuries or damages of every kind and description which may accrue to or be suffered by any person by reason of or related to the operation of outdoor sidewalk dining under this article.
Restaurants granted a permit shall comply with the following rules:
A. 
The outdoor seating area must be adjacent to the restaurant and in compliance with the plan approved as part of the permit.
B. 
The outdoor sidewalk dining area must be separated from the remainder of the public sidewalk by a fence, railing or other divider made of sturdy material.
C. 
The area of the public sidewalk remaining for use by the public must be wide enough to permit travel by persons in compliance with the Americans with Disabilities Act as determined by the Building Department.
D. 
The outdoor sidewalk dining area may not be occupied later than 12:00 midnight, and all furniture, railings or other dividers and like appurtenances must be secured neatly overnight within the designated dining area.
E. 
Litter emanating from the outdoor sidewalk dining area must be collected by the applicant at all times.
F. 
Any damage to the public sidewalk by the restaurant and/or its patrons shall be repaired promptly at the permit holder's expense. Said repairs shall be approved by the Town Engineer prior to the performance of the work.
G. 
Seasonal outdoor dining shall be permitted from April 1 through October 31. All outdoor furniture, fencing, railings, etc., shall be removed from the sidewalk at the end of the season.
Permits shall be renewed annually in the following manner:
A. 
If the ownership of the property and restaurant remain the same and no changes are sought in the approved plan, permits may be renewed by submitting a letter to the Building Department requesting approval. The Building Department shall renew the permit upon receipt of a current certificate of insurance.
B. 
If ownership of the property and/or restaurant has changed and/or the dining plan is to be changed, the applicant shall submit a new application and comply with the requirements of § 62-11.
A. 
A permit may be revoked for any of the following reasons:
(1) 
Violation of any regulation under § 62-14.
(2) 
Failure of the applicant to maintain good order and proper conduct of outdoor dining patrons.
(3) 
False information supplied with the application.
(4) 
Any activity or event which is at variance with information submitted in the application process or which causes the outdoor sidewalk dining operation to be in noncompliance with § 62-11 or § 62-14.
B. 
If a violation of any of the requirements of this article is not corrected within 24 hours of notification to the owner/permittee, the permit issued may be revoked, subject to a reinstatement upon proof of full compliance with this article. Repeated violations will be grounds for revocation lasting the entire season.