[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.
ESTABLISHMENT SIDEWALK FRONTAGE
LICENSED EATING AND DRINKING ESTABLISHMENTS
OUTDOOR CAFE DINING AREA/OUTDOOR CAFE DINING LICENSE
PROPERTY OWNER
SEASONAL OUTDOOR CAFE DINING AREA
SEASONAL OUTDOOR CAFE DINING LICENSE
Definitions.
The contiguous portion of sidewalk located directly in front
of the licensed eating and drinking establishment.
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.
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]
The holder of title to a parcel of real estate.
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.
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.
