[HISTORY: Adopted by the Mayor and Council
of the Borough of Highland Park by Ord. No. 1212 (§ 4-17 of the 1987 Code).
Amendments noted where applicable.]
The Borough Council finds and determines as
follows:
A.
Various Borough business and civic organizations have
requested and proposed the use of portions of public sidewalks for
displays, commercial ventures, fairs, arts, crafts and public entertainment
as a means of enhancing the business district and the economic vitality
of the Borough;
B.
The Borough Council desires to support and encourage
appropriate "Life on the Street" activities which bring together residents
of the Borough in various settings to enjoy a better quality of life;
C.
The Borough Council desires to support and encourage
appropriate activities which bring together members of the commercial
and business district in various settings to enhance the economy of
the Borough;
D.
The Borough Council has consulted with MAIN-STREET,
Highland Park, Inc. and the Cooperative Business Association of Highland
Park over the use of public sidewalks as outdoor sidewalk cafes, and
as a result, this chapter has been formulated and adopted in order
to encourage and promote the quality of life in the Borough along
with some economic development;
E.
The temporary use of Borough sidewalks can most appropriately
be accomplished by reasonable standing regulations and by the issuance
of annual permits.
A person or corporation desiring to use any portion of the public sidewalk for the placement of chairs and tables and/or the serving of food or beverages in districts in which sidewalk cafes are permitted pursuant to Chapter 230, Land Development, shall apply for a sidewalk cafe permit to the Borough Clerk in accordance with the regulations hereinafter established.
All permits shall be issued upon the following
terms and conditions:
A.
Permits shall be renewed annually;
B.
Permits shall be for specific hours and may be authorized
for all or part of the hours from 7:30 a.m. to 11:00 p.m. daily including
Sunday;
C.
No permanent furniture or other items of personal
property may be attached or affixed to the sidewalk or curb;
E.
Clear, straight and unobstructed passage for pedestrians
at least five feet in width shall be maintained at all times;
F.
Every permittee shall submit to the Borough Clerk
at the time of obtaining any permit approved under this chapter an
insurance policy for general liability in the amount of $500,000 naming
the Borough of Highland Park, its officers, agents and employees as
additional insureds;
G.
Every application for permit or amended permit shall
be accompanied by a sketch showing the measurements of the area where
tables, chairs, umbrellas and any proposed trash receptacles will
be located. The sketch shall show the location of tandem parking places
in the adjoining street or streets. Such sketch shall be submitted
to the Borough Clerk and referred to the Zoning Officer for review
and approval prior to issuance of any permit. The Zoning Officer shall
approve or deny the sketch within 10 working days;
H.
All furniture and umbrellas shall be of lawn, cafe
or similar type and shall be constructed of plastic, wood or wrought
iron. Tables shall not exceed 36 inches in length, width or diameter;
I.
Furniture and equipment shall be removed from sidewalk
areas and stored inside during the period October 15 through April
15. Furniture and equipment may be left outside while the sidewalk
cafe is in continuous operation during the period April 15 through
October 15. When a cafe ceases operation for a period of five days,
all furniture and equipment shall be removed from sidewalk areas and
stored inside;
J.
No permit shall authorize the serving of food or beverages
on any sidewalk except in accordance with a general business license
issued by the Borough Clerk and a permit issued by the Board of Health
pursuant to Chapter 2 of the State Sanitary Code and the Board of
Health Food Handlers' Ordinance;[1]
[1]
Editor's Note: The Board of Health Food Handlers' Ordinance
is on file in the Board of Health offices.
K.
No permit shall authorize the serving of alcoholic
beverages except pursuant to a license issued by the appropriate licensing
authority specifically describing the sidewalk area as a part of the
licensed premises;
L.
All permits are issued on condition that the use of
the sidewalk shall immediately be terminated pursuant to an order
of the Senior Police or Fire Official present when necessary, in the
opinion of such official, to respond to the needs of law enforcement
or fire suppression;
M.
Every permittee will be responsible for maintaining
furniture and equipment in good repair and for maintaining cleanliness
of any sidewalk areas used by them, along with adjacent curb and sidewalk
areas.
N.
The annual fee for a sidewalk cafe permit is $50,
which shall be paid to the Borough Clerk at the time of application
and is not refundable. There shall be no fee for an amended permit
in the same year for which a permit was issued previously.
No person or corporation shall use a sidewalk for the purpose of placing or installing any table, chair or umbrella within such sidewalk or for the serving of food and/or beverages except in accordance with a sidewalk cafe permit issued pursuant to this chapter. Violations of this chapter or of any sidewalk cafe permit authorized hereunder shall be punishable by a fine as provided in Chapter 1, General Provisions, Article III, General Penalty. Upon conviction of a third offense in any license year, the permit shall be revoked and may not be reissued during that year.
