Purpose: The intent of the program is to facilitate outdoor
dining throughout the City to allow restaurants, cafes, fast-food
outlets, coffee shops, and other similar places of public accommodation
offering food and beverages, including alcoholic beverages, ("establishments")
for on-premises consumption to operate safely in outdoor settings.
Eligible outdoor areas: Under this program, eligible businesses may be able to utilize private property, including on their own property or on a neighboring property (with permission from the other property owner) and the use of any number of off-street parking spaces, and, public right-of-ways, including sidewalks, street parking spaces, public parking lots and any other public areas. Use of public right of ways, excepting sidewalks and Parklets as defined by §
222-84 of the Code, shall require permission of the Mayor and City Council. No permit holder shall obtain any property right in the continued private commercial use of any public right-of-ways granted herein.
Allowed use of sidewalk areas shall be as follows:
A. Food and beverage service. Notwithstanding any other provisions of
the Code of the City of Haverhill, licensed food service establishments
located within the City on a public way, which includes a sidewalk
of no less than four feet in width and is restricted to pedestrian
traffic only, shall be allowed, subject to the provisions below, the
use of said contiguous adjacent sidewalk areas to serve food and beverages
from March 1 to October 31.
B. No food and beverage service. Notwithstanding any other provisions of the Code of the City of Haverhill, licensed food service establishments located within the City on a public way may use a contiguous adjacent sidewalk area to place movable tables, chairs or benches from March 1 to October 31, provided they do not seek to serve food and beverages on the area. The adjacent sidewalk must be at least four feet in width and restricted to pedestrian traffic only. Use of the adjacent sidewalk area must comply with the provisions of §§
222-66 to
222-69 below; however, no permit or further permission shall be required. Prior to use of the adjacent sidewalk area, the establishment must complete a sidewalk placement notice as required by the Director of Public Works, who shall be responsible for enforcement of the provisions of this subsection. No sidewalk bond shall be required; however, the establishment must name the City of Haverhill as an additional insured for general liability coverage in an amount of not less than $1,000,000 for the seasonal period and provide proof of same. No permit holder shall obtain any property right in the continued private commercial use of the public sidewalk.
No trash, garbage or refuse disposal shall be permitted to be
maintained in any outdoor dining area at any time. Outdoor dining
areas and all things placed there shall at all times be maintained
in a clean and orderly condition. Outdoor dining areas must be cleaned
daily, including adjacent public right-of-way areas.
The use of outdoor dining areas to serve food and beverages
by establishments shall be limited to the hours of operation provided
for by current state law, municipal ordinances or licensing provisions,
including those granted to the License Commission herein.
There shall be no further requirement for the provision of parking
spaces by any establishment due to the maintenance of an outdoor dining
area of 200 square feet or less.
Adequate room for passage by pedestrians on the remaining area
of the sidewalk shall be provided at all times. Food service establishments
which are not located on a sidewalk of at least four feet in width
or for which no sidewalk exists on a public way may be allowed to
obtain a permit for outdoor dining upon a finding by the License Commission
that the establishment of an outdoor dining area, as shown on the
description and diagram of the area where service will be provided,
will not impede the passage of pedestrian traffic and where public
safety would not be jeopardized.