[Code 1992, § 8.03(1)]
(a) 
No person shall carry on any trade or business, nor encroach upon or obstruct or encumber any street, alley, sidewalk, public grounds or land dedicated to public use, or any part thereof, or permit such encroachment or encumbrance to be placed or remain on any public way adjoining the premises of which he is the owner or occupant, except as provided in Section 62-67.
(b) 
The placing of any vehicle on any street, sidewalk or alley so as to obstruct the public use thereof; the servicing in any manner of any vehicle with gasoline or oil or any other manner while such vehicle is standing, in whole or in part, upon any street, sidewalk or alley, except filling stations authorized by the Council to service vehicles on the street outside the curb, shall also be deemed violations of this article.
[Code 1992, § 8.03(2)]
The prohibitions of Section 62-66 shall not apply to the following:
(1) 
Awnings, canopies and other permissible rooflike structures of which the hardware or firm portions do not extend at any point lower than seven feet above the sidewalk, street or alley, or of which the flexible cloth curtain or valance portions do not extend at any point lower than six feet, eight inches above the sidewalk, street or alley.
(2) 
Public utility encroachments authorized by the City.
(3) 
Goods, wares, merchandise or fixtures being loaded or unloaded which do not extend more than three feet on a sidewalk, provided such goods, wares, etc., do not remain thereon for more than three hours.
(4) 
Building materials when placed upon the street, alley or sidewalk, upon conditions prescribed by the City which may require such materials to be protected by barricades or appropriate lights. Parking metered areas require a permit from the Police Department.
(5) 
The delivery of fuel and other supplies for the occupant of any building on any business street by the backing of a truck or delivery vehicle on the first six feet of the sidewalk measured in from the curb, under the supervision of the Police Department between 9:00 p.m. and 10:00 a.m. on any day of the week, except Saturday and Sunday.
(6) 
Restaurants issued sidewalk cafe permits by the City Clerk for restaurant tables subject to the following conditions:
[Added 1-23-2012 by Ord. No. 12-02; 2-11-2013 by Ord. No. 13-04]
a. 
"Restaurant" means an establishment defined in § 254.61(5) Wis. Stats.
b. 
The use of sidewalks for restaurant tables shall only be permitted incidental to the operation of a restaurant which is contiguous to the sidewalk and within the side property lines of the contiguous restaurant under the following conditions:
1. 
The restaurant tables and seats shall not be located closer than two feet from the curb of the street as measured by the closest edge of the table or seat with an occupant seated therein to the street.
2. 
Bollards shall be strategically located at either end, and along the street edge of the outdoor restaurant seating area. Said bollards shall be temporary and not affixed to the sidewalks. From November 1 to April 30 said bollards, tables, and seats shall be removed each night when the restaurant closes.
3. 
All permittees shall ensure that all tables, chairs and bollards are properly secured during closing hours. Permittees shall be responsible for damage caused by their unsecured tables, chairs and bollards, regardless of fault. Damage caused by improperly secured tables, chairs and bollards on more than one occasion may be grounds for revocation of the permit.
4. 
The restaurant applicant is able to meet all other existing requirements for the issuance of a permit to place restaurant tables on the public sidewalk.
5. 
Signs or other equipment shall not be attached to public amenities such as light poles, trees, planters, benches, street signs, etc.
6. 
All forms of heating devices are prohibited within the sidewalk cafe area.
7. 
All furnishings such as, but not limited to, bollards, umbrellas, tables, and chairs shall not include signage, logos, or text.
8. 
Primary (red, blue, and yellow) colors and fluorescent day glow and/or neon colors shall not be permitted. Where such colors constitute a component of a standardized corporate theme or identity, muted versions of such colors shall be used.
9. 
A minimum of one table shall be handicap/wheelchair accessible.
c. 
The application for the permit shall first be reviewed by the Director of Public Works and the Police Department, and no permit shall be issued unless a report is made by the Director of Public Works and the Police Chief that the proposed use will not unreasonably interfere with pedestrian or vehicular traffic.
1. 
A detailed, scaled plan of the proposed sidewalk cafe is required with the application.
d. 
In no event shall the uses permitted by this exception reduce the open portion of any sidewalk to less than five feet.
e. 
Alcohol may be served at or consumed at restaurant tables located on the sidewalk under the following conditions:
1. 
Bollards shall be connected in such a manner that the area where the restaurant tables are located appears as an enclosed area.
2. 
The holder of sidewalk cafe permit has properly included the sidewalk area under a properly issued alcohol beverage license. Service of alcoholic beverages in sidewalk cafes shall stop no later than 11:00 p.m. with all alcohol removed or consumed by 11:30 p.m. and the sidewalk cafe closing no later than 12:00 midnight.
3. 
Signage shall be displayed indicating that alcohol beverages may not be carried outside of the enclosed seating area.
4. 
Food service shall be required to be available at all times the sidewalk cafe is serving alcohol.
f. 
No permit shall be issued pursuant to this exception, unless the applicant furnishes to the City Clerk evidence of public liability insurance naming the City as a party insured insuring the City against liability resulting from the uses permitted herein. The coverage shall be in an amount not less than $1,000,000.
g. 
Persons issued permits pursuant to this article shall maintain the sidewalk area in a clean, safe, and sanitary condition.
h. 
The annual permit fee for a sidewalk cafe permit shall be based upon the number of seats seated at a table. The number of seats at any table will be limited by the application and the permit fee paid. The fee per seat shall be set by resolution.
i. 
The permit fee issued hereunder is a privilege and not a right. A restaurant shall not permit tables and chairs to be placed on the sidewalk without a permit. A permit is valid from July 1 to June 30 of the following year. The permit may be revoked at any time for any reason in the sole discretion of the City, and the City is not obligated to return the permit fee will refund prorata a portion of any fee.
1. 
The permittee must submit an amended application and scaled plan and receive approval from the Director of Public Works and the Police Department prior to changing the layout or adding seats to the sidewalk cafe area.
(7) 
Penalties and enforcement. A person or business that violates the provisions of Section 62-67 shall be subject to a forfeiture as established by resolution of the City Council from time to time. Each day a violation continues shall constitute a separate offense. The Code Enforcement Officer or Building Inspector shall have authority to enforce the provisions of this section. The City may also seek equitable relief, including injunctions, to gain compliance.
[Added 6-27-2016 by Ord. No. 16-06]
(8) 
Businesses whose primary sales are confectionary goods and frozen creamery goods (ice cream, frozen yogurt, frozen custard, and other frozen dairy products) and who are issued a permit by the City of Lake Geneva Department of Public Works under the following conditions:
[Added 11-28-2016 by Ord. No. 16-18]
a. 
The Department of Public works has the sole discretion to grant or deny any permit for any obstructions on the City sidewalks and rights-of-way.
b. 
A precise plan showing the items to be placed on the sidewalk shall be provided by the applicant.
c. 
The applicant shall provide public liability insurance in an amount not less than $1,000,000 per incident and which shall name the City of Lake Geneva as an additional insured insuring and indemnifying the City of Lake Geneva for any deaths, injuries, or property damage resulting from uses authorized by the permit herein.
d. 
The placement and removal of any obstructions authorized herein shall be on a schedule established by the Department which schedule shall be at the sole discretion of the City of Lake Geneva Department of Public Works.
e. 
An application fee shall be established by resolution by the City Council from time to time.
f. 
Enforcement shall be as provided in Subsection (7).
(9) 
Sidewalk furnishings: benches and planters within public rights-of-way. Sidewalk furnishings such as benches and plant containers may be placed within a public right-of-way with satisfaction of and continuous compliance with the following requirements:
[Added 6-10-2019 by Ord. No. 19-08]
a. 
General permitted locations. The provisions of this subsection are limited to rights-of-way adjacent to properties within the Neighborhood Office, Neighborhood Business, General Business, and Central Business Zoning Districts.
b. 
Specific placement and clear path requirements. Sidewalk furnishings such as benches and plant containers may be placed by an owner on a sidewalk within 32 inches of the owner’s building. In no instance shall the distance between the sidewalk furnishing and the edge of the sidewalk adjacent to the owner’s building be less than 60 inches (hereinafter defined as "clear path").
c. 
In those instances that a clear path of 60 inches cannot be provided because of a permanent obstruction, the pedestrian passageway may be reduced to four feet (48 inches) for a distance not to exceed five feet upon review and approval of the City Public Works Director.
d. 
No sidewalk furnishings shall be allowed to be placed on the sidewalk right-of-way until the owner provides the City Clerk with evidence of public liability insurance naming the City of Lake Geneva as an additional insured for any liability resulting from the placement of the sidewalk furnishing in the City sidewalk right of way. The owner hereby agrees to indemnify and hold the City harmless from any actions that may arise from the placement of sidewalk furnishings in the City sidewalk right-of-way pursuant to this subsection. The minimum required insurance coverage shall be in an amount not less than $1,000,000.
e. 
Signage and colors are restricted. No signage, logo, or text is permitted on any sidewalk furnishings except a twenty-four-inch-wide-by-thirty-six-inch-tall chalk sandwich board. Fluorescent day-glow colors are not permitted on any sidewalk furnishings. Where colors constitute a component of a standardized corporate color theme or identity association with the abutting parcel, muted versions of such colors shall be used.