The sidewalk cafe regulations as established
in this chapter are designed to allow sidewalk cafes on public property,
in locations where they are determined to be appropriate by the Town
Engineer and to promote and protect the public health, safety and
general welfare. These general goals include, among others, the following
specific purposes:
A. To provide adequate space for pedestrians on the sidewalk
adjacent to sidewalk cafes and to ensure access to adjacent commercial
and retail uses.
B. To promote sidewalk cafes as useful and properly planned
visual amenities which better relate to the stereoscope.
C. To promote the most desirable use of land and buildings
and thereby protect the Town's tax revenues.
For purposes of this chapter, the following
terms shall have the following meanings:
PUBLIC SERVICE FACILITY
A public telephone, mailbox, bench or other facility provided
for the use of the general public.
SIDEWALK
Any area between the curbline and a structure, whether publicly
or privately owned, which is used by the public or open to use by
the public.
[Amended 7-23-1996 by L.L. No. 6-1996]
The Town Engineer or his designee shall grant
or deny an application for a license pursuant to this chapter within
30 days of its complete submission.
Upon a finding by the Town Engineer that the applicant has violated any provision of this chapter or the terms and conditions of the license or has engaged in any practice in conjunction with the regulated sidewalk activity which constitutes a danger to the health or safety of any patron or pedestrian, the Town Engineer shall give notice to the applicant to correct such violation or cease such practice within 24 hours. If the applicant fails to comply with such notice, the Town Engineer may suspend the license for a period not in excess of 30 days, during which time the applicant shall be entitled to a hearing, at which the licensee may be represented by counsel, to present evidence in his behalf and confront the evidence against him. If, upon considering the evidence presented at the hearing, the Town Engineer adheres to the finding, the Town Engineer may reinstate the license with additional conditions related to the violation or improper practice which has been found, or revoke the license and forfeit the applicants cash deposit. In addition to, or in substitution for, the suspension or revocation of the license, the Town Engineer may impose an administrative sanction in an amount determined by him to be the cost to the Town of the applicant's failure to comply with the terms of this chapter or the permit issued to the applicant pursuant hereto, which such sanction shall be deducted by the Town Board from the applicant's cash deposit. The suspension, revocation or other action taken pursuant to this section shall not relieve the applicant or any other person from any liability which may be imposed pursuant to §§
104-9 and
104-10 of this chapter.
Neither the adoption of this chapter nor the
granting of any license pursuant hereto shall be construed as a waiver
of any right, privilege or immunity of the Town of New Castle concerning
its public easement over the streets and sidewalks, or of any requirement
of law concerning the liability of the Town of New Castle with respect
to streets and sidewalks, whether expressed or implied.
The applicant shall agree, on a form approved
by the Town Attorney, to indemnify and save harmless the Town of New
Castle, its officers, agents, attorneys and employees, from and against
any claim of loss, liability or damage by any person arising as a
result of the applicant's operation of the sidewalk use.
[Amended 8-10-2004 by L.L. No. 7-2004]
The applicant shall obtain, and maintain in
full force and effect throughout the term of the license, a policy
of general liability insurance, which such policy shall:
A. Name the Town of New Castle, its officers, agents,
attorneys and employees as additional insureds;
B. Have a combined single limit of not less than $1,000,000;
and
C. Contain a provision prohibiting its cancellation except
upon a minimum of 10 days' notice to the Town of New Castle.
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The applicant shall file with the Town Board,
prior to the issuance of the license, a certificate evidencing the
requisite insurance and setting forth the actual cancellation notice
provision contained in the policy.
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[Amended 7-23-1996 by L.L. No. 6-1996 ]
Any person who shall violate any of the provisions
of this chapter shall be liable to prosecution in the Town Justice
Court and shall, upon conviction thereof, be liable to a fine that
shall not exceed $250. If a fine imposed pursuant to this section
or resulting from the maintenance, use or operation of a sidewalk
cafe is not paid within five business days after the fine is imposed,
except as otherwise ordered by the Court, the Town may immediately
revoke the license for any such licensee.
[Amended 7-23-1996 by L.L. No. 6-1996; 9-10-2002 by L.L. No.
8-2002]
A license and administrative fee as set forth
by resolution of the Town Board in the Master Fee Schedule, which
may be amended, is required upon the issuance of a license.
Should any section or provision of this chapter
be determined by any court of competent jurisdiction to be unconstitutional
or invalid, then such section or provision shall be null and void
and shall be deemed separable from the remaining section of this chapter,
and such determination shall in no way affect the validity of the
remaining sections or provisions of this chapter.