[Adopted 3-21-2011 by Ord. No. 1801]
[Amended 4-19-2021 by Ord. No. 1956[1]]
A.
All obstructions to the several streets, lanes, alleys, sidewalks,
and public grounds, whether by buildings, fences, lumber or other
material, matter or thing, are hereby prohibited except as otherwise
permitted by ordinance and this section.
B.
In the C-1 Central Commercial District only, the owner or operator
of an eating and/or drinking establishment may place tables and/or
chairs on the sidewalk in front of their place of business for the
purpose of serving its patrons and the owners or operators of other
types of business may place fixtures containing items directly related
to their business and which are for display and/or sale on the sidewalk
in front of their business subject to the following restrictions:
(1)
Application must be made to the City for permission to place items
on a sidewalk which application shall be made available by the City
and must be completed and approved prior to placing items on a sidewalk;
(2)
The applicant shall provide the City with a certificate of insurance
with limits as prescribed by the City and naming the City as additional
insured and shall sign a release and hold harmless agreement, both
of which must be submitted prior to receiving approval to place items
on a sidewalk;
(3)
Any tables and/or chairs so placed shall be purchased by the owner
or operator of the business and shall be similar to any such furnishings
purchased and placed on sidewalks by the City with the tables and/or
chairs purchased to be approved by the DPW Director;
(4)
A pedestrian walkway shall be provided for at all times which walkway
must be a minimum of three feet in width and which must continue in
a straight line on each City block on which items are placed;
(5)
The location of the required pedestrian walkway shall be determined
by the DPW Director and shall not be deviated from without the express
written permission of the DPW Director;
(6)
The business authorized to purchase and place tables and/or chairs
on the sidewalk shall have the right to reserve the use of those furnishings,
and those furnishings only, for its patrons;
(7)
Any items that are permitted to be placed on a sidewalk may not be
put in place until the City has placed City-owned furnishings in the
spring and must be removed within five calendar days of the City removing
its furnishings in the autumn; and
(8)
All furniture and/or fixtures owned by the owner or operator of a
business shall be stored off site from the time of removal in the
autumn until placement in the spring with such storage to be at a
location arranged and paid for by the business owner or operator.
Any person who violates this article shall, after 72 hours,
be given notice by the City Manager or his designee to remove the
obstruction and, upon conviction thereof, be sentenced to pay a fine
not exceeding $600 plus 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. In addition, the City Manager or his designee
shall have the authority to have the obstruction removed and to collect
the costs of removal from the person(s) causing the violation.
