[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Editor’s Note: This ordinance also repealed former Art.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 March 1 through November
30. All outdoor furniture, fencing, railings, etc., shall be removed
from the sidewalk at the end of the season.
[Amended 9-22-2020 by Ord. No. 637]
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.
A.
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.
