[Adopted 10-8-1959 by Ord. No. 856, approved 10-8-1959]
As used in this article, the following terms
shall have the meanings indicated:
The utilization of sidewalk space beyond the building line
to accommodate the serving of food and drink to patrons of an operating
restaurant or tavern fronting on that space, which space does not
have permanent walls. It shall consist of tables and chairs set in
front of the restaurant or tavern, and there shall be some type of
nonpermanent partition which shall separate the open sidewalk cafe
from the public portion of the sidewalk.
[Added 3-8-1990 by Ord. No. 1657, approved 3-8-1990; amended 5-12-2005 by Ord. No.
2034, approved 5-12-2005; 7-15-2021 by Ord. No. 2384, approved 7-15-2021]
Any natural person, association, partnership, firm or corporation.
The singular shall include the plural, and the masculine shall include
the feminine and the neuter.
An improved surface consisting of concrete, brick, macadam
or other similar material which is reserved for the pedestrian use
of members of the general public. The width of the sidewalk shall
consist of the entire portion of the improved surface which is located
within the legal right-of-way line of the street. Where the width
limits of the public portion of a sidewalk are in doubt, the sidewalk
shall consist of a minimum width five feet measured from the exterior
edge of the street curb, or where a planting strip has been installed
between the curb and sidewalk, from the edge of the planting strip.
[Added 3-10-2005 by Ord. No. 2032, approved 3-10-2005]
The sale and display of goods, wares or merchandise on a temporary basis on the sidewalks in the C-1 Central Business District in accordance with the provisions of § 223-13C of this article.
[Added 9-14-2006 by Ord. No. 2059, approved 9-18-2006]
[Amended 3-10-2005 by Ord. No. 2032, approved 3-10-2005; 9-14-2006 by Ord. No.
2059, approved 9-18-2006]
No person shall place, set up, exhibit or display,
sell or offer to sell upon any of the sidewalks in the Borough of
Carlisle any goods, wares or merchandise, nor shall any person set
up and/or operate upon any of such sidewalks any implements or fixtures
used in connection with the display and/or sale of goods, wares or
merchandise, except as authorized in this article; provided, however,
that the Borough Council, by resolution, may suspend the operation
of this article for community-wide sales promotion days or for temporary
patriotic, civic or charitable purposes or other special occasions.
[Added 3-8-1990 by Ord. No. 1657, approved 3-8-1990]
Notwithstanding any restrictions in § 223-12 of this article, the following provisions shall apply to floral displays and open sidewalk cafes as specified herein.
A.
Floral displays.
(1)
Flowers, floral arrangements, ornamental shrubbery,
bedding plants and vegetable plants may be displayed in front of the
premises of any merchant customarily dealing in the sale of such merchandise.
(2)
Said displays shall not protrude more than three feet
from the building line of the merchant’s premises. In no case
shall less than four feet of sidewalk be available for pedestrian
traffic.
[Amended 9-14-2006 by Ord. No. 2059, approved 9-18-2006]
(3)
No floral display shall be so placed as to interfere
with pedestrian traffic.
B.
Open sidewalk cafes.
(1)
Permit required. Open sidewalk cafes shall be permitted
when a permit is obtained from the Borough Manager or his or her designee.
A request for a permit may be made by the owner or tenant of a building
occupied and used as a restaurant or tavern fronting the sidewalk
sought to be used as an open sidewalk cafe, and may include, upon
written permission of the owner of the property immediately adjoining
either or both sides of the building used as a restaurant or tavern,
the sidewalk of either or both the immediately adjoining property
or properties. Such permit shall be valid for one year and be issued
on a calendar-year basis.
[Amended 7-12-2007 by Ord. No. 2077, approved 8-8-2007; 7-15-2021 by Ord. No. 2384, approved 7-15-2021]
(2)
Conditions for issuance of permit. A permit for an
open sidewalk cafe may be issued only when the following conditions
are met:
(a)
Food preparation. No food preparation shall
take place within the open sidewalk cafe.
(b)
Projection onto the sidewalk. No more than half
the sidewalk shall be utilized for an open sidewalk cafe. In no case
shall less than four feet of sidewalk be available for pedestrian
traffic.
[Amended 3-10-2005 by Ord. No. 2032, approved 3-10-2005]
(c)
The maximum hours of operation shall be from
8:00 am. to 11:00 p.m., prevailing time.
[Amended 3-10-2005 by Ord. No. 2032, approved 3-10-2005]
(d)
Partition standards. The partition separating
the open sidewalk cafe from the sidewalk shall not be permanent. It
shall be no more than 30 inches in height and appropriate to the facade
of the building. No advertisements shall be placed upon it.
(e)
Insurance and indemnification. Any person requesting
a permit shall, prior to issuance thereof, file with the Borough Manager:
[1]
A certificate evidencing liability insurance
in at least the amount of $50,000/$100,000, naming such person and
the Borough of Carlisle, its officers and employees, as insureds,
and covering property damage and personal injury arising out of operation
of said open sidewalk cafe, which policy shall be kept in full force
during the operation of the open sidewalk cafe.
[2]
An executed agreement to indemnify and hold
harmless the Borough of Carlisle, its officers and employees, from
any and all claims, actions, injuries or damages of every kind and
description which may accrue to or be suffered by any person by reason
of or related to the operation of the open sidewalk cafe.
(g)
All applicable federal and state statutes, rules
and regulations shall be complied with.
(h)
If the open sidewalk café is proposed to extend onto either
or both sidewalk areas of the property or properties immediately adjoining
the building used as a restaurant or tavern, the written consent of
the owner of the adjoining property or properties specifying the area
of the sidewalk on the adjoining property that can be used as an open
sidewalk cafe shall be included with the permit applications.
[Added 7-15-2021 by Ord. No. 2384, approved 7-15-2021]
(3)
Compliance with each of the conditions of issuance
shall be a continuing obligation of the permit holder.
(4)
A permit holder shall maintain the good order and
proper conduct of patrons of the open sidewalk cafe.
(5)
Litter. Litter emanating from the sidewalk cafe area
and from whatever area to which it may flow shall be collected as
often as is required to keep the sidewalk as clear of litter as if
the open sidewalk cafe did not exist.
(6)
Revocation of permit.
(a)
Any permit issued shall be limited to a revocable
license for the use of a public sidewalk area as specified herein.
A permit is understood by any permit holder to exist merely at the
pleasure of the Borough Council and may be revoked by the:
(7)
Alcoholic beverages permitted. The serving and consumption
of alcoholic beverages shall be permitted within the confines of an
open sidewalk cafe, whether under proper licensure from the Pennsylvania
Liquor Control Board or by patrons who bring their own beverages to
a premises (BYOB), subject to compliance with all of the provisions
of this article and the following specific requirements:
[Added 5-12-2005 by Ord. No. 2034, approved 5-12-2005]
(a)
Except within the partitioned area of the open
sidewalk cafe, no alcoholic beverages shall be served or consumed
in the right-of-way of any street, avenue, way, or sidewalk, nor in
any public parking lot, private parking lot held open to public use,
public park or other public area.
(b)
All alcoholic beverages shall be consumed from
disposable or nondisposable glassware or other drinking utensil provided
by the permit holder. No alcoholic beverage shall be consumed directly
from the original bottle or can in which it was obtained from the
brewer, distiller or other maker. No alcoholic beverage shall be transported
by patrons from the open sidewalk cafe, except in a sealed or capped
container.
(c)
Alcoholic beverages may only be consumed on the sidewalks of property
or properties immediately adjoining the building used as a restaurant
or tavern only when the Pennsylvania Liquor Control Board has extended
the licensed premises to include those sidewalk areas on the immediately
adjoining property or properties.
[Added 7-15-2021 by Ord. No. 2384, approved 7-15-2021]
C.
Sidewalk sales and displays.
[Added 9-14-2006 by Ord. No. 2059, approved 9-18-2006]
(1)
Permit required. Sidewalk sales and displays shall
be permitted when a permit is obtained from the Borough Manager or
his or her designee. A permit may be issued only to an applicant who
owns and operates an established business on the first floor of a
building in the C-1 Central Business District, and must be accessory
to his or her business or with his or her consent. Such permit is
revocable, is otherwise valid for one year and shall be issued on
a calendar-year basis.
[Amended 7-12-2007 by Ord. No. 2077, approved 8-8-2007]
(2)
Conditions for issuance of permit. A permit for sidewalk
sales and display may be issued only for sales and display of merchandise
at a location within the property lines of the building in which the
applicant’s business is located and only when the following
additional conditions are met:
(a)
Minimum sidewalk width. Merchandise and the
fixtures or devices on which it is displayed shall not protrude more
than three feet from the building line of the merchant’s premises
and shall be located so that a minimum of four feet of unobstructed
passage for pedestrian traffic shall be provided at all times. The
four feet of unobstructed passage shall be measured from the curb
or the inside edge of the tree/planter box, whichever is closer to
the building.
(b)
Hours of operation. Sidewalk sales and displays
shall be permitted only when the applicant’s business is open
to the public and at no other time.
(c)
Permanent structures. No permanent structure
shall be affixed to the sidewalk or any building. The applicant shall
be responsible for any damage caused to any sidewalk or public property.
(d)
Access to public facilities. No sidewalk sales
or displays shall interfere with access to any public service facility.
(e)
Insurance and indemnification. Any applicant
requesting a permit shall, prior to issuance thereof, file with the
Borough Manager:
[1]
A certificate evidencing liability insurance
in at least the amount of $50,000/$100,000, naming such person and
the Borough of Carlisle, its officers and employees, as insureds,
and covering property damage and personal injury arising out of operation
of said sidewalk sales and displays, which policy shall be kept in
full force during the operation of the sidewalk sales and display.
[2]
An executed agreement to indemnify and hold
harmless the Borough of Carlisle, its officers and employees, from
any and all claims, actions, injuries or damages of every kind and
description which may accrue to or be suffered by any person by reason
of or related to the operation of sidewalk sales and displays.
(f)
The applicant, and all persons displaying or selling items with his consent, shall comply with all other applicable ordinances, including, but not limited to Chapter 255, Zoning, it being the intent of this section that a use not authorized by Chapter 255, Zoning, or other applicable chapters or ordinances of the Borough shall not become permissible hereby.
(g)
The applicant, and all persons displaying or
selling items with his consent, shall comply with all applicable federal
and state statutes, rules and regulations.
(3)
Compliance with each of the conditions of issuance
shall be a continuing obligation of the applicant.
(4)
Litter. Litter emanating from the sidewalk sales and
display area and from whatever area to which it may flow shall be
collected as often as is required to keep the sidewalk and surrounding
area clear of litter and debris.
(5)
Revocation of permit.
(a)
All permits shall be construed to be revocable
licenses for the use of a public sidewalk area as specified herein.
All permits are revocable at any time without cause at the pleasure
of the Borough Council and may also be revoked by the Borough Manager
or his or her designee for a violation of any provisions of this section.
[Added 3-10-1988 by Ord. No. 1576, approved
3-10-1988; amended 3-10-2005 by Ord. No. 2032, approved 3-10-2005]
Except in conjunction with work performed under Article IV or Article V of this chapter or pursuant to a permit issued pursuant to any provision of this Code, no person shall place furniture or other household goods, construction materials or equipment, vehicles or any other objects on or across a sidewalk in the Borough, nor shall any person obstruct or encumber any sidewalk or otherwise restrict the flow of pedestrian traffic thereon.
[Amended 3-10-1988 by Ord. No. 1576, approved
3-10-1988]
Any person who shall violate any of the provisions
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000 and costs of prosecution for each and
every offense, and, in default of payment of such fine and costs,
to imprisonment for not more than 30 days, provided that each day's
violation of any of the provisions of this article shall constitute
a separate offense.
