[Adopted 6-8-2004 (Sec. 8.045 of the 1986 Town Code)]
The purpose of this article is to establish the standards and
criteria for placing street furniture, benches, flags, ornamentations
and mailboxes upon sidewalks, whether in public rights-of-way or on
private property. The intent of these standards and requirements is
to ensure safe access and movement for pedestrians to ensure compliance
with the Americans With Disabilities Act and to ensure uniform placement,
aesthetics and maintenance while protecting Town liability when such
items are placed within public rights-of-way.
The uncontrolled placement and maintenance of structures which
project onto, into or over any public sidewalk present an inconvenience
and danger to the safety and welfare of persons using such sidewalk.
The following elements or structures may be placed upon sidewalks or beneath canopies and awnings, whether in public rights-of-way or on private property, none of which shall be for the purpose of business name identification or sales promotion, subject to the standards and requirements of § 260-32 of this article:
A.
Sidewalk furniture such as tables, chairs, benches, planters and
flowerpots, all of which must be movable; umbrellas may also be permitted
in conjunction with these elements.
B.
If mail service is by motorized vehicle with mailboxes located in front of properties as receptacles, mailboxes may be placed upon sidewalks, provided the mailboxes comply with the standards and requirements of § 260-32. Mailboxes which project onto, into or over the public sidewalk need not be movable.
No person shall install, use or maintain any structure which projects onto, over, into or which rests wholly or in part upon any public sidewalk in violation of the design standards set forth in § 260-32.
Placement of any permitted element or structure as identified in § 260-30 of this article shall be subject to the following standards and requirements:
A.
To meet the requirements for an accessible route, a minimum clear
width of 36 inches of unobstructed sidewalk parallel to the front
lot line or storefront and free from any element or structure shall
be maintained at all times. Private sidewalk entrances to residences
or storefronts shall not be considered when determining if there is
a minimum clear width of 36 inches.
B.
No element or structure shall be placed so as to encroach upon any
required parking space, landscape area, fire lane, handicapped access
ramp or handicapped access route.
C.
All placement shall maintain safe visibility of vehicular traffic
and pedestrians and all traffic signs, control devices and other safety
installations.
A.
Any person who violates any of the provisions of this article shall,
upon conviction for such violation, forfeit not less than $25 nor
more than $500, together with the costs of prosecution; and in default
in payment of such forfeiture and costs of prosecution shall be imprisoned
in the county jail until such forfeiture and costs are paid, but not
exceeding 30 days.
B.
Continued violations. Each violation, and each day a violation continues
or occurs, shall constitute a separate offense. Nothing in this section
shall preclude the Town from maintaining any appropriate action to
prevent or remove a violation of any provision of this article.
