[Adopted 4-4-1949 by Ord. No. 351; amended in its entirety 12-21-1994 by Ord. No. 1646]
It shall be unlawful to place or allow to be placed or maintained on the sidewalk any object, including temporary movable signs, whereby passage shall be incommoded or obstructed, and it shall be prohibited except as follows:
A. 
Newspapers and magazines displayed for the purpose of trade, sale or offering for sale, with such display under the supervision of the Chief of Police.
B. 
To place and allow to be placed tables and/or clothing racks, not exceeding 30 inches in width and five feet in length, on the sidewalks in the C-2 Business District for the purpose of trade, sale or offering for sale under the supervision of the Chief of Police. Upon approval of an application submitted to the Planning Director or their designee stating the size and dimensions of the table or clothing rack, each business shall be permitted to place one table or rack to be placed against the main wall of the building wherein said business is located, such table or rack to be removed at the close of each business day. Approval of each application shall be within a period of three business days from the date of submission.
[Amended 9-14-2015 by Ord. No. 2057]
C. 
Cafe sidewalk dining.
[Added 6-12-2019 by Ord. No. 2092]
(1) 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
RETAIL FOOD FACILITY
As defined in City of Greensburg Code Chapter 127. This definition shall exclude places that are exempt from the smoking prohibitions of the Pennsylvania Indoor Air Act.[1]
SIDEWALK AREA
That portion of the City street right-of-way reserved for sidewalks.
SIDEWALK CAFE
An outdoor dining area operated by a retail food facility, located on a sidewalk area or other designated public place and containing removable tables, chairs, plants and related appurtenances, which does not encroach upon the pedestrian walkway as established under the City of Greensburg Code. It shall not be enclosed by fixed railings, walls or other improvements and shall be open to the air.
[1]
Editor's Note: See 35 P.S. § 637.1 et seq.
(2) 
Cafe sidewalk dining shall be permissible if in compliance with the following requirements:
(a) 
Sidewalk dining shall be an accessory to and extension of a lawful and permitted retail food facility, pursuant to City of Greensburg Code Chapter 127 and all other applicable provisions. Said sidewalk dining area shall be located on the same parcel as the retail food facility, shall be abutting the facility, and said area shall have direct access to the interior of the facility through a door for use by the public. Alcohol may be sold to and consumed by patrons in the sidewalk dining area if the retail food facility has a valid license for the sale and on-site consumption of alcoholic beverages, as issued by the Pennsylvania Liquor Control Board.
(b) 
The retail food facility must obtain a cafe sidewalk dining permit from the Planning Department. For all previously licensed retail food facilities, the cafe sidewalk dining permit shall be subject to an application and inspection fee of $50. For all other applicants, said permit may be obtained as part of the licensing process pursuant to City of Greensburg Chapter 127, for which there will be no additional fees.
(c) 
Cafe sidewalk dining shall only be permitted where the sidewalk has a level grade and the sidewalk improvements are wide enough to maintain a pedestrian walkway width of at least six feet.
(d) 
Smoking shall not be permitted in cafe sidewalk dining areas.
(e) 
The possession and consumption of alcoholic beverages in the cafe sidewalk dining area shall be permitted, if lawfully sold by the retail food facility pursuant to the appropriate and necessary permits and licenses as issued by the commonwealth and the municipality. Persons shall not be in violation of City of Greensburg Code § 195-1 solely by virtue of their possession and consumption of alcoholic beverages in compliance with this Code and within the cafe sidewalk dining area. Said alcoholic beverages may not leave the cafe sidewalk dining area, unless they are brought into the retail food facility. Should a patron of the retail food facility who is possessing and/or consuming alcoholic beverages become an annoyance to peaceable persons nearby or traveling upon any street, alley or sidewalk, they shall be subject to the provisions of § 195-1.
(f) 
All items placed by the retail food facility in the cafe sidewalk dining area shall be temporary in nature. Nothing may be permanently affixed to the sidewalk or exterior of the building to accommodate cafe sidewalk dining. All items placed in the cafe sidewalk area must be removed when the retail food facility is not in operation. No items may be placed in such a position as to block the expedient entry of or exit from the retail food facility or the cafe sidewalk dining area.
In addition to the fines and penalties imposed by this article for the violation of any of the provisions hereof, the person, persons, firm or corporation shall immediately upon notice of the violation remove said offending structure or obstructions, and, on failure to so remove the offending obstructions, the City of Greensburg shall remove the same at the cost of said property owner and assess the cost of removal and, in addition to the costs of removal, assess an additional sum of 10%.
Any person, firm or corporation and any agent, servant or employee thereof violating any of the provisions of this article shall, upon conviction thereof before any District Justice, be sentenced to pay a fine of not more than $600 or be imprisoned for a period not exceeding 90 days, or both such fine and imprisonment.