[Adopted 3-4-2003 by Ord. No. 03-05; amended in its entirety 5-22-2012 by Ord. No. 12-07]
The use of sidewalks for food service is hereby permitted by
any restaurant within the Borough of Bellevue approved and licensed
by the Allegheny County Health Department.
"Food service," as used in this article, means the serving of
food, drinks and related items, except the service of alcoholic beverages
or permitting the customers or patrons of the restaurant to consume
alcoholic beverages in these locations regardless of who supplied
the alcoholic beverages.
Those restaurants that use sidewalks for food service shall
occupy such space or area of the sidewalks as to allow four feet of
unobstructed sidewalk available for pedestrian passage at all times.
Unobstructed sidewalk area shall not include such areas occupied or
used by or for parking meters, traffic signs, utility poles, trash
containers, mailboxes, new vending machines and similar uses.
The area or space to be used for food service shall be occupied
only by chairs and tables and those items generally placed on tables,
and said chairs and tables may be used only by the customers of the
restaurant electing to use the sidewalks for food service.
No alcoholic beverages shall be served or used at any such outdoor
sidewalk use even though the restaurant may permit the customers who
make use of their indoor facilities to consume alcoholic beverages
while inside the restaurant.
The use of sidewalks as above described shall be permitted only
during the hours of 5:00 p.m. to 12:00 midnight, prevailing time,
on Monday through Saturday, and during the hours of 7:00 a.m. through
12:00 midnight on Sunday.
Any restaurant electing to use sidewalks for food service, as
above described, must first obtain a permit from the Borough of Bellevue.
A fee as set from time to time by resolution of Town Council shall
be charged for said permit, and it shall expire on December 31.
This article shall be enforced by the Code Enforcement Officer
of the Borough of Bellevue, and any violations of the provisions of
this article shall result in the immediate prohibition of the use
of the sidewalk for food service by any such restaurant. The continued
violation of this article after being notified by the Code Enforcement
Officer of the existence of a violation shall be subject to a fine
of not less than $100 nor more than $500 and costs of prosecution
and, in default of payment of such fine and costs, to undergo imprisonment
of not more than 30 days. Each day a violation continues shall constitute
a separate offense.
