[Ord. 734, 1/18/1995, § 1; as amended by Ord. 920, 5/20/2010; by Ord. 941, 5/4/2011; by Ord. 965, 2/20/2013; and by Ord. 972, 7/3/2013]
1. 
No person may place any obstruction, including but not limited to goods, merchandise or advertising signs, on a sidewalk in the Borough of Stroudsburg. No owner or occupant of a property improved by a sidewalk shall allow any obstruction or impediment to pedestrian traffic to remain upon that sidewalk in the Borough of Stroudsburg, except in accordance with § 21-222.
2. 
Definitions.
ESTABLISHMENT SIDEWALK FRONTAGE
The contiguous portion of sidewalk located directly in front of the licensed eating and drinking establishment.
LICENSED EATING AND DRINKING ESTABLISHMENTS
Retail food facilities that provide food or drink for immediate consumption. This may include, but is not limited to: eat-in or take-out restaurants, caterers, bakery shops, coffee shops, tea rooms, bed and breakfasts, bars/clubs, fair concessionaires, grocery stores selling immediate consumption food/drinks, or convenience stores selling immediate consumption food/drinks.
OUTDOOR CAFE DINING AREA/OUTDOOR CAFE DINING LICENSE
Any and all licensed eating and drinking establishments may obtain an annual license from the Borough of Stroudsburg for the calendar time period from January 1 through and including December 31 for a table service time period of 6:00 a.m. until 12:00 midnight outdoor cafe dining area. Although table service shall end at 12:00 midnight, the outdoor cafe dining area furniture shall be removed from the sidewalk area by 2:00 a.m.
[Added by Ord. No. 1127, 4/5/2022]
PROPERTY OWNER
The holder of title to a parcel of real estate.
SEASONAL OUTDOOR CAFE DINING AREA
Any covered patio area or unenclosed portion of a licensed eating and drinking establishment that provides an outdoor dining area with seating for patrons on a sidewalk that is contiguous to the property lot lines.
SEASONAL OUTDOOR CAFE DINING LICENSE
Any and all licensed eating and drinking establishments may obtain an annual license from the Borough of Stroudsburg for the limited calendar time period from March 1 through and including November 1 for a table service time period of 6:00 a.m. until 12:00 a.m. (midnight) a seasonal outdoor cafe dining area. Although table service shall end at 12:00 a.m., the seasonal outdoor cafe dining area furniture shall be removed from the sidewalk area by 2:00 a.m.
3. 
General Requirements.
[Amended by Ord. 1030, 6/20/2017; and by Ord. No. 1127, 4/5/2022]
A. 
Outdoor cafe dining for table service only, restricted to use of sidewalks contiguous to property lines in excess of six feet in width minimum from the building line to street line, and the use for outdoor cafe dining shall leave a minimum of five feet of usable, safe, clear walk area of the sidewalk. The outdoor dining area shall leave no less than five unobstructed feet of sidewalk width at every point which is clear and unimpeded for pedestrian traffic. In the event that five feet is not obtainable, the applicant may request to the Codes Officer a reduction in the minimum feet of usable, safe, clear walk area of the sidewalk, but not less than 48 inches. The request shall only be granted under special consideration and shall not be detrimental to pedestrian traffic.
B. 
No building entrance or egress may be blocked at any time. The outdoor cafe dining area shall not be permitted within 10 feet of any driveway or alley. The location of outdoor dining may not use driveways or areas that are used for off-street parking.
C. 
Outdoor cafe dining area shall be adjacent to the property line and shall not extend further than 10 feet from the property line. All tables and seating shall be contiguous to the property line.
D. 
When the proposed outdoor cafe dining area extends past the establishment's sidewalk frontage, written authorization to use the extended area shall be provided by the property owner.
4. 
Umbrella and Barricade Requirements.
[Amended by Ord. 1030, 6/20/2017]
A. 
Umbrellas for the purpose of shielding patrons from weather and such elements shall be affixed to outdoor tables in a manner which prevents the umbrellas and/or tables and/or chairs from tipping. Head clearance of 80 inches is required over any portion of a pedestrian right-of-way or aisleway for sidewalk cafe or building entrances or egresses. Signage applied to an umbrella by the umbrella manufacturer or a retail vendor, such as (but not limited to) food or drink products, is exempt from a sign permit. The total signage on an awning or umbrella shall not exceed 20% of the area of the umbrella.
B. 
Barricades are permitted in the seasonal outdoor cafe dining area, provided they meet the design standards and setback of outdoor dining distances of five feet (to trash receptacles, bike racks, planters, lighting devices, tree wells, etc.).
C. 
Barricades are required for licensed eating and drinking establishments where the outdoor cafe dining areas contain nine or more seats. The barricades shall meet the outdoor cafe dining area setback distances per Subsection 3A.
[Amended by Ord. No. 1127, 4/5/2022]
D. 
Barricades shall delineate the outdoor dining area. Barricades need not be interconnected and shall not be more than 48 inches apart.
E. 
Signage is permitted on the barricade(s), provided the following requirements are met:
(1) 
Signage is not to exceed 33% of the fabric area of the barricade.
(2) 
Signage applied to the barricade shall only contain the name and/or the logo of the licensed eating and drinking establishment which has an approved seasonal outdoor cafe dining license and is placed within the establishment sidewalk frontage.
(3) 
Proposed signage shall be submitted for review by the Historical and Architectural Review Board and the issuance of a certificate of appropriateness by the Borough Council.
5. 
Material of Tables, Chairs, Umbrellas and Barricades.
[Amended by Ord. 1030, 6/20/2017]
A. 
Tables and chairs shall be of wood or metal and shall be treated with a weather resistant finish. Picnic-style tables are prohibited.
B. 
Umbrella fabric shall be of a material suitable for outdoor use, and must be cloth or canvas-type. No plastic fabrics, plastic/vinyl-laminated fabrics, or any type of rigid materials are permitted for use as umbrellas within an outdoor seating area.
C. 
Barricade material shall be a metal frame with a durable, weather-resistant, outdoor fabric in a solid color. Rope, chain, PVC material, or chain-link material barricades are not permitted.
D. 
Barricade style, design, and dimensions shall meet the following requirements:
(1) 
Barricades shall not contain fluorescent or metallic colors. Methods of electrification, illumination, or glow in the dark are not permitted.
(2) 
Barricades shall measure nine feet or less in overall length.
(3) 
Barricades shall be permitted a maximum height of 36 inches, measured from the sidewalk surface to the top of the frame of the barricade.
6. 
Removal of Outdoor Cafe Dining Furniture During Inclement Weather. In the event of heavy or gust winds, appropriate measures must be taken to secure any object subject to such conditions. In the event of below freezing temperatures, ice, or snow, sidewalks must be cleared of outdoor cafe dining furniture.
7. 
Borough to Notify Licensee of Events. During Borough approved events, the Borough will determine on an event-by-event basis, due to the concerns for the Borough citizens' health, safety and welfare, if seasonal outdoor cafe dining may occur. Reasonable notice will be served to license holders under this Part.
8. 
Outdoor Cafe Dining Seating Capacity.
A. 
The amount of outdoor cafe dining seats shall not exceed 12 seats or 25% of the indoor seating whichever is the least restrictive of Part 3 of this chapter.
B. 
Any licensee desiring to change the permitted use, i.e., by increasing the size of the outdoor dining area or by changing the use or arrangement or the occupancy, shall file a new application in accordance with the outdoor cafe dining license.
9. 
Prohibitions.
A. 
All furniture other than tables, chairs, umbrellas, barricades, outdoor heaters, and a hostess podium are prohibited. This includes, but is not limited to, serving stations, bar counters, shelves, racks, sofas, televisions, trash receptacles, and torches.
[Amended by Ord. No. 1127, 4/5/2022]
B. 
No heating or cooking of food or open flames shall be allowed on a sidewalk area.
C. 
It shall be prohibited from playing amplified music, whether live or recorded, within the licensed dining area; unamplified, live music may be permitted during events that are authorized by the Borough Council. Unamplified music shall be acoustic and may not include drums of any kind.
[Amended by Ord. No. 1127, 4/5/2022]
D. 
It shall be prohibited for patrons and staff to be shoeless or shirtless when in the licensed dining area.
10. 
License. Any food establishment intending to provide seasonal outdoor cafe dining table service only is required to apply for and obtain a license. An application must be filed with the Borough to secure a license. A fee of $75 must be paid with the filing of the application for licensed eating and drinking establishments with outdoor dining seating of 15 seats or fewer; an additional application fee of $5 is required for every additional seat over 15 seats. Such fee can be amended in the future by resolution of the Borough Council. Such application shall be made upon forms provided by the Borough and shall include the following:
[Amended by Ord. 1030, 6/20/2017]
A. 
Name and address of applicant.
B. 
Width of existing public right-of-way sidewalk intended to be used immediately adjacent to property.
C. 
Proof of proper licenses for food establishment.
D. 
Dimensions of the area of sidewalk in which outdoor cafe dining is proposed.
E. 
Diagram to scale of actual intended equipment, tables and chairs for space on sidewalk and proposed occupant load.
F. 
The written consent of the property owner.
G. 
Certificate of insurance demonstrating coverage for intended sidewalk use.
H. 
Indoor seating capacity of food establishment.
I. 
No action shall be taken on any application for a license under this subsection until the application has been completed in its entirety and the application fee, as required by a schedule of fees established and amended from time to time by resolution of Borough Council, has been paid in full. The schedule of fees shall be kept on file at the Municipal Building. There shall be no prorating of fees under this subsection.
J. 
The applicant shall well and truly save, indemnify, defend and keep harmless the Borough of Stroudsburg, its officers, employees and agents from and against any and all actions, suits, demands, payments, costs and charges for and by reason of the existence of the restaurant-cafe and all damages to persons or property resulting from or in any manner caused by the presence, location, use, operation, installation, maintenance, replacement or removal of such restaurant-cafe or by the acts or omissions of the employees or agents of the applicant in connection with such restaurant-cafe.
K. 
The applicant shall maintain the restaurant-cafe in accordance with all Borough ordinances and state and federal laws, as well as rules and regulations promulgated and adopted by the Borough which pertain to this use of restaurant-cafes.
L. 
The applicant shall remove the outdoor portion of the restaurant/cafe immediately after written notice if the Borough or the Code Enforcement Officer determines that the restaurant-cafe is detrimental to the health, safety and general welfare of the Borough or its citizens;
(1) 
Due to pedestrian traffic changes, the restaurant-cafe narrows the sidewalk to the extent that pedestrian traffic is impeded;
(2) 
The restaurant-cafe interferes with the maintenance or installation of an underground utility structure;
(3) 
The restaurant-cafe is no longer being used as such;
(4) 
The restaurant-cafe has been temporarily or permanently closed for violation of any Borough, state or federal law and/or regulation; or
(5) 
The restaurant-cafe is operated in violation of any ordinance, rule or regulation of the Borough of Stroudsburg.
M. 
In the event that the applicant fails to remove the restaurant-cafe immediately after written notice, the Borough may proceed to remove and restore the area and charge the applicant for the cost thereof. Should the restaurant-cafe be removed by the Borough, the applicant shall be entitled to a return of the equipment, furnishings or appurtenances so removed only after the payment of all costs due to the Borough and by requesting the return in writing. The responsibility for removal under the provisions of this subsection shall be the sole responsibility of the applicant without any obligation or cost assessed against the Borough.
N. 
The Borough may, from time to time, promulgate whatever rules or regulations it deems necessary or desirable to effectuate the purposes of this subsection, and the same shall be approved by the Borough Council.
[Ord. 787, 7/5/2000; as amended by Ord. 965, 2/20/2013]
1. 
The following are exceptions to the prohibition of obstructions in § 21-221:
A. 
Construction by the Borough of Stroudsburg or other agency of state or local government acting within its authority.
B. 
Temporary obstruction needed for construction or repair of the sidewalk or the property on which the sidewalk is constructed.
C. 
Reasonable obstruction, not to exceed one hour, when necessary to transport goods or services to the property on which the sidewalk is constructed.
D. 
The following exceptions shall be allowed, provided that at all times a minimum of three feet of clear, unobstructed pedestrian walkway shall be maintained with a five-foot square turnaround provided not more than 200 feet apart:
(1) 
Curb lights on a light pole, meters and benches approved by the Borough Council.
(2) 
Poles needed by public utility companies to provide necessary services.
(3) 
Flags and other decorations during holiday periods or on other suitable days approved by Borough Council.
(4) 
Shade and ornamental trees and other ornamental plants, whether in containers or planted in soil.
(5) 
Existing supports for existing marquees.
[Ord. 787, 7/5/2000]
Any person, firm or corporation who shall violate any provision of this Part 2B shall, upon conviction thereof, be sentenced to pay a fine of not more than $300, together with cost of prosecution, or imprisonment for a term not to exceed 30 days. Every day that a violation of this Part 2B continues shall constitute a separate offense.