[Adopted 7-15-1976 by Ord. No. 654]
From and after the passage of this article,
the public rights-of-way, specifically the sidewalks and footpaths
of the Borough of Media, in those areas where business use is authorized
by the ordinances of the Borough of Media may be used for the purpose
of exhibiting wares, goods and merchandise for sale and for the use
in a manner which will be conducive to business.
The use as prescribed in § 253-1 shall be a limited use, limited only to sidewalks in excess of three feet in width from the building line to the street line, but in no instance shall the use permitted exceed 1/3 of said sidewalk area. The use shall be limited to the sidewalk area contiguous to the business use. The use of the sidewalk area shall be from 8:00 a.m. until 6:00 p.m. daily or, if a business normally operates beyond 6:00 p.m., then during said business hours when the business is operating, but not beyond 9:00 p.m. daily, after which all merchandise, equipment or fixtures shall be removed from said right-of-way.
A.
Seasonal outdoor cafe dining. An exception to these
restrictions applies to seasonal outdoor cafe dining as defined further
in this ordinance.[1] Seasonal outdoor cafe dining for table service only, restricted
to use sidewalks contiguous to property lines in excess of three feet
in width minimum from the building line to street line, and the use
for seasonal outdoor cafe dining shall leave a minimum of 36 inches
of usable, safe, clear walk area of the sidewalk that provides for
American with Disabilities Act (ADA) compliant access. In the event
that 36 inches is not adequate for ADA compliance, more than the 36
inches of useable sidewalk may be required in order to be ADA compliant;
this will be determined by the Code Enforcement Officer. The use for
seasonal outdoor cafe dining of the sidewalk area from 8:00 a.m. until
11:00 p.m. daily is permitted if a permit is received from the Borough.
All equipment, tables, chairs, umbrellas and barricades will be removed
from the sidewalk by a time in the fall each year designated by Borough
Council by resolution.
[Added 5-6-2002 by Ord. No. 955; amended 12-19-2002 by Ord. No. 967]
B.
During the Borough permitted events, including but
not limited to Super Sunday, Food Festival or Halloween Parade, 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 to permit holders
under this ordinance[2] will be provided by the Borough.
[Added 5-6-2002 by Ord. No. 955]
Nothing herein is intended to limit the power
of the Council of the Borough of Media to specifically designate times
and places during which the streets and rights-of-way of the Borough
of Media can be used for the exhibition and sale of merchandise.
[Amended 11-19-1992 by Ord. No. 846]
Any violation of this article shall subject
both the property owner and the property user displaying such wares
in violation hereof to a fine of not more than $600, plus costs of
prosecution and, in default of payment of such fine and costs, to
imprisonment for a period not exceeding 90 days.
Section 3 of Ordinance No. 336, to the extent
that it is inconsistent herewith, is repealed. Any other ordinance
inconsistent herewith is repealed.
