[Derived from Secs. 2.1, 10, 11, 37, 43 and 44 of Ch. IV of the Charter and Ordinances, 1974]
No person shall, except as hereinafter provided, leave or deposit any goods, wares and merchandise upon any sidewalk, except that such articles may be so deposited for not more than two hours while receiving the same in original packages or when in packages intended for delivery after actual sale thereof, provided that such goods shall be placed inside the curbline and within four feet thereof and shall not be piled to a greater height than four feet.
Except as herein otherwise provided, it shall be unlawful for any person to conduct or maintain any sideshow or any lunch counter or stand for the sale of foodstuffs or drinks of any kind within the lines of any street or public ground in the district bounded as follows: on the north by Carolina and Tupper Streets; on the east by Michigan Avenue; on the south by Exchange Street; and on the west by the Terrace and Seventh Street; provided, however, that the Director of Licenses and Permits may issue licenses, at such fees as he may determine, to persons to sell confectionery, popcorn, nuts and fruit upon the streets and in front of any buildings, upon the filing with him of the written consent of the owner or occupant of such building that such license be issued. The persons to whom such licenses may be granted shall not in any case occupy more than three feet of the sidewalk nearest the building. Nothing contained in this section shall be deemed to prohibit the use of the streets by lunch wagons under such regulations as may be prescribed.
[1]
Editor's Note: Former § 413-55, Exhibition and sale of goods, was repealed 12-27-2016, effective 1-3-2017. See now Ch. 496, Unified Development Ordinance.
A. 
Canvas awnings supported by an iron framework, securely attached to and entirely supported by the building in front of which said awning shall be constructed or suspended, every part of which framework shall be at least seven feet above the sidewalk and every part of which awning shall be at least six feet six inches above the sidewalk, may be constructed to project over the sidewalk not to exceed 10 feet, provided that the erection of canopies or marquees shall be permitted between the curb and adjacent public highway line where permission has been obtained from the Common Council as hereinafter provided by this section.
B. 
This section shall not be construed to require the removal of any awning or other obstruction heretofore erected pursuant to the provisions of the Code of said City as they existed at the time of such erection or pursuant to a resolution of the Common Council, unless the removal thereof shall be hereafter ordered by resolution of the Common Council, provided, further, that temporary canvas-covered passageways from building entrances to the curb of any public highway may be authorized by written permit of the Commissioner of Public Works upon the furnishing to said City of an indemnity bond in the sum of $5,000 similar to the bond required by Subsection C(6) of this section, and removal metal stanchions for the same may be placed in or upon the sidewalk of any such highway at a distance of not less than two feet from said curb, in such fashion that when said stanchions are removed there shall be no projection above nor depression below the sidewalk surface of said highway at the place of contact or support. Such permission shall not be granted allowing such temporary canvas-covered passageway to remain standing for a period of over one day, and such permission may not be renewed. If such temporary canvas-covered passageway remains standing after the expiration of the permit, the Commissioner of Public Works must immediately cause its removal at the expense of the permittee. No advertising or lettering may be placed or appear upon such temporary canvas structure.
C. 
Any person desiring to secure permission to construct or structurally alter and maintain a canopy or marquee projecting over the exterior line of any public highway shall make application therefor to the Commissioner of Public Works who shall refer said application to the Common Council for its action thereon, subject to the following and conditions:
(1) 
The projection of any canopy or marquee over any public highway shall be limited to three-fourths (3/4) of the width of the adjacent sidewalk, but in no case shall be more than 12 feet; provided, however, that this limitation and condition may be suspended upon the written recommendation of the Commissioner of Public Works and by resolution of the Common Council.
(2) 
Every canopy or marquee shall be constructed of incombustible materials, and every part of such canopy or marquee shall be at least nine feet above the adjacent sidewalk level.
(3) 
That part of a canopy or marquee which projects over any public highway beyond the limit allowed for a projecting sign shall be limited to 30 inches in vertical thickness or height and may not have any advertising or lettering upon it other than the name and brief identification of the business to be transacted on the premises to which said canopy or marquee is attached.
(4) 
The application for a canopy or marquee shall be accompanied by the written consents of the owners and tenants of the premises located within 50 feet of each side of any part of the proposed canopy or marquee; in default of such consents, a public hearing shall be held before the Common Council or a committee thereof. A reasonable notice of said hearing shall be served by the City Clerk by registered mail upon the owners and tenants of such adjacent premises, and the return receipts shall be presented at such hearing.
(5) 
Plans showing the type of construction and structural details of all proposed canopies and marquees shall be filed with the Commissioner of Public Works.
(6) 
Before the Commissioner of Public Works issues a permit to any applicant for the alteration or construction and maintenance of any canopy or marquee, he shall require the permittee to give a bond to said City holding said City harmless against loss and damage, claims, liens, proceedings and actions, as a condition to the issuance of such permit. Said bond and any renewal thereof shall be in the minimum amount of $5,000 or such greater amount as the Commissioner of Public Works determines.
D. 
Upon the granting of any such permission by the Common Council by resolution duly adopted, the Commissioner of Public Works may issue a written permit to the applicant for said permission in accordance with the regulations herein provided.
E. 
Any permission issued pursuant to this section shall be subject to the further orders of the Common Council.
F. 
"Marquee" or "canopy," as used in this section, shall mean a fixed shelter used only as a roof extending over the exterior line of a public highway and entirely supported by the building to which it is attached.
G. 
In a special case of hardship where a canopy or marquee has been legally erected on a building prior to January 26,1946, if the applicant desires to extend the canopy or marquee by the erection of an addition thereto constituting not more than 40% of the existing canopy or marquee, or if the applicant desires to alter or rebuild the canopy or marquee, the applicant shall make application to the Common Council to obtain permission therefor. Such permission may be granted, provided that the application is accompanied by the written recommendation of the Commissioner of Public Works and provided that such alteration or rebuilding does not extend the canopy or marquee to project over the street line beyond the distance originally permitted, and such permission may be granted in accordance with this section as the same existed prior to January 26, 1946, and in accordance with plans filed with and approved by the Commissioner of Public Works. In such special cases of hardship, the Common Council shall grant no more than one such extension, alteration or rebuilding and in no case shall grant or authorize any such extension, alteration or rebuilding after August 1, 1951.
H. 
For marquees or canopies extending more than 12 feet and requiring support posts to be placed in the City right-of-way, an annual license shall be secured from the Commissioner of Public Works, who shall approve the type, size and material of said post, location and method of securing said post to the right-of-way. No such support or post shall pose a hazard to traffic or pedestrian traffic or shall impede removal of ice and snow. No support shall be placed within 18 inches of the curbline. An annual license to occupy the right-of-way shall be secured and shall be renewable on an annual basis. The fee for said license or renewal shall be $100, which shall cover the cost of inspection and license issuance or renewal.
A. 
The Commissioner of Public Works may, with the consent of the Common Council, grant permission to the owner or occupant of any premises to construct one or more vaults, coal holes or chutes under or through the sidewalk in front of said premises.
B. 
Each such vault, coal hole or chute shall be constructed of brick, concrete or stone and shall not extend beyond the outer limit of the sidewalk and shall not be closer to the curbline than four feet at any point. An opening through the sidewalk into any such vault, coal hole or chute may be constructed for the passing of merchandise or other materials into or out of such vault, coal hole or chute. Any such opening shall be completely and securely covered at all times with a cover made of iron or steel or of iron or steel combined with glass and approved by the Commissioner of Public Works, except when open for actual use to transfer merchandise or other materials into or out of such vault, coal hole or chute for the use and benefit of the premises to which such vault, coal hole or chute is accessory. Each cover of any such vault, coal hole or chute shall be so constructed that the top thereof shall be flush with the surface of the adjacent sidewalk, leaving no projection above said surface. No such cover shall be left open while the opening which it covers is in use without a proper and substantial rail, railing or guard around the same to prevent accident, and shall not, except in emergency, be left open for a longer time than is necessary for the actual transfer of merchandise or other materials into or out of any such vault, coal hole or chute. No other opening in or erection upon any sidewalk shall be permitted.
C. 
No person shall construct or maintain any such fault without the permission provided for herein and the bond or insurance as hereinafter required, nor shall construct it of any other material than as herein prescribed, and it shall be the duty of the Commissioner of Public Works to fill such vault if unlawfully constructed or maintained or make such openings to conform to the provisions of this section and report the expense thereof to the Common Council which shall direct such expense to be assessed upon the lot or premises in front of which such vault was placed.
D. 
Nothing contained in this section shall be construed to require the removal of stairways now erected upon the sidewalks to afford ingress or egress to building or the upper stories thereof when there is no other means of ingress to such buildings or floors nor to require the closing of openings to the sidewalks to permit of steps or stairways to the basement of buildings when there is no other means of access thereto. The Department of Public Works shall examine all such stairways and basements and in all cases where more than one stairway or opening into a basement shall be found in or at the same building, it shall require all but one such stairway to the removed and all but one such opening to be closed, except as otherwise provided by law. The Department of Public Works shall require such stairways and openings into basements to be properly guarded by the owner in a manner to prevent accidents or injuries to persons using the public streets and shall require the owner of every building having such stairway or opening into a basement to file with the Comptroller a bond, with sufficient sureties, conditioned that he will save the City harmless from any loss, damage or expense by reason of injuries which may be caused on account of the maintenance of any such stairway or opening. Said bond and any renewal thereof shall be in the minimum amount of $5,000 or such greater amount as the Commissioner of Public Works determines. Every owner of any building having such stairway or opening into a basement who shall neglect or refuse to comply with the directions of the Department of Public Works, given pursuant to the provisions of this section, shall be guilty of a violation of this section.
E. 
No such stairway or opening into a basement shall be permitted in buildings hereafter erected except by special permission of the Common Council, upon the recommendation of the Commissioner of Public Works.
F. 
Upon approval by the Common Council, a license to occupy the right-of-way shall be issued by the Commissioner of Public Works. Said license shall be for one year from the date of completion of said vault and shall be renewable. An applicant shall pay an annual license fee of $10 per square foot of right-of-way so occupied, which license shall cover the expense of annual inspection of said vault and issuance of license or renewal therefor.
The Commissioner of Public Works may grant permission to the owner or occupant of any premises to make an excavation in the sidewalk not exceeding four feet in width adjacent to the street line for the purpose of admitting light into the basement of the building upon such premises. Any such opening now existing or hereafter constructed in any sidewalk shall be covered by an iron grating laid even with the sidewalk containing open spaces not greater than one inch in width or secure with a suitable glass cover and otherwise constructed as the Commissioner of Public Works may determine and under his supervision. All such guards or covers shall at all times be kept securely fastened to prevent removal. No owner or occupant shall neglect or refuse to make the opening in front of the premises owned or occupied by him conform to the provisions of this section and the orders of the Commissioner of Public Works.
A. 
An owner or operator of a restaurant, as defined in Chapter 370, of the Code of the City of Buffalo, abutting in whole or in part upon a public street, who desires to extend the services of such restaurant onto the sidewalk portion of the public street on which the restaurant abuts, may file an application therefor with the Commissioner of Public Works, Parks and Streets. The application shall be accompanied by a currently dated plot plan drawn to a scale of 1/4 inch equals one foot, showing:
[Amended 2-6-2001, effective 2-20-2001]
(1) 
The location and size of the structure housing the restaurant.
(2) 
The location and dimensions of the entire sidewalk between the curbline and the right-of-way adjacent to the restaurant.
(3) 
The length of the property lot line abutting the public street.
(4) 
The contemplated hours of operation of the outside portion of the restaurant.
(5) 
The number and location of tables to be placed in the sidewalk cafe area, together with the location of any railings, walls or planters to be placed therein.
(6) 
The maximum number of people intended to be accommodated by the proposed extension.
(7) 
Whether or not the sidewalk in front of the premises supports or contains a bus stop, utility pole or poles, public rubbish containers, a bus passenger shelter, fire hydrant, trees, public telephone or any permanent obstruction, and if so, their location.
(8) 
Where on the premises there is to be found the water shutoff, gas shutoff and sewer vent.
(9) 
As a requirement for construction and use of a sidewalk cafe as within this section, the design and plans shall include necessary access for persons with handicapping conditions by access routes at ground level or with a ramp or similar access to allow a barrier-free entrance to those persons with handicapping conditions. The Commissioner of Public Works, Parks and Streets shall approve all designs and plans for compliance herewith.
B. 
The application and plot plan required in Subsection A above shall be filed with the Commissioner of Public Works, Parks and Streets. The Commissioner of Public Works, Parks and Streets shall forward a copy of the application to the City Planning Board, which shall review the application and approve the designs and plans submitted. The City Planning Board and the Commissioner of Public Works, Parks and Streets shall as soon as practicable forward the applications to the Common Council, together with their recommendations and suggestions concerning the proposed installation. The Common Council may approve the application, disapprove it or approve it with conditions. All approvals of the Common Council shall, in addition to other conditions it may impose, be subject to the following specific conditions:
[Amended 2-6-2001, effective 2-20-2001]
(1) 
No installation shall exceed 12 feet in width.
(2) 
In no case shall the unobstructed portion of the public passageway, after the installation of the sidewalk cafe, be less than four feet in width, except that the Common Council may require an unobstructed passageway or more than four feet in areas of high pedestrian traffic.
(3) 
Sidewalk cafes may be installed no earlier than April 1, and all components thereof shall be removed from the public passageway on or before November 15 of each year, provided that the Common Council, upon application therefor, may permit a sidewalk cafe installation to remain in place throughout the year if the Common Council finds that said installation will not interfere with pedestrian traffic and that said installation presents no hazard or obstacle to snow removal. Any fee that may be charged for such encroachment in the public right-of-way shall be based on location, square footage of the encroachment and the length of time said encroachment remains in place.
C. 
This section shall not be deemed to authorize any encroachment or obstructions permanent in character or permanently affixed to the main building containing the restaurant or permanently affixed to the public sidewalk.
D. 
If the application is approved by the Common Council, the applicant shall also comply with all other applicable laws and ordinances and shall supply a construction-in-street bond issued by a surety company in an amount to be determined by the Commissioner of Public Works, Parks and Streets. The form of said bond shall be supplied by the Commissioner to the applicant, be approved as to form by the Corporation Counsel and be approved as to the sufficiency by the Comptroller. The bond shall be filed with the Comptroller.
[Amended 2-6-2001, effective 2-20-2001]
E. 
The approval of the aforesaid application by the Common Council shall require a majority vote of the entire Council; provided, however, that if the Commissioner of Public Works, Parks and Streets and the City Planning Board recommend disapproval of the application, a two-thirds vote of the full Council shall then be required for approval.
[Amended 2-6-2001, effective 2-20-2001]
F. 
Upon compliance with all of the above requirements and upon procurement of all of the aforesaid approvals, including the construction-in-street bond required in Subsection D hereof, the Supervisor of Licenses of the Department of Permit and Inspections Services shall issue a sidewalk cafe permit to the applicant upon his payment of any additional sum as required by Chapter 370 of the Code. The Supervisor of Licenses shall indicate on the face of the permit the period for which the permit shall be effective. A new application for a sidewalk cafe permit shall be submitted in accordance with these provisions by an applicant who desires to renew his permit to operate a sidewalk cafe.
[Amended 2-6-2001, effective 2-20-2001]
G. 
Any permit issued hereunder may be revoked by the Common Council without prior notice to the permittee. This power of revocation shall be considered a condition to the issuance of the permit. All permits issued hereunder shall be nontransferable and nonassignable, except upon obtaining the prior approval of the Common Council.
H. 
Upon approval by the Common Council, the annual license fee to be paid by the applicant shall be as set forth in Chapter 75, Fees, per square foot of cafe encroaching upon the City right-of-way, up to a maximum as set forth in Chapter 75, Fees.
[Amended 2-4-1992, effective 2-18-1992]
A. 
No person shall construct a ramp for the access of handicapped persons, wholly or partially within the City right-of-way, unless he has first secured a license from the Commissioner of Public Works.
B. 
Application for said license shall be accompanied by a scale drawing showing precisely the area of the right-of-way to be occupied and specifying the size of said access ramp and the materials used in the construction of the same.
C. 
The Commissioner of Public Works shall not issue a license to occupy the City right-of-way by means of said access ramp until said ramp§ s construction has been approved as to materials, placement and method of securing said ramp to the City right-of-way. Said access ramp shall not be placed so as to obstruct vehicular or pedestrian traffic and shall not impede snow and ice removal. Neither shall said access ramp be constructed so as to be permanent in nature.