[Adopted as Title 10, Ch. 10.16, of the 1986 Code]
No person shall place or cause to be placed in any public street,
or on any sidewalk, footwalk or crosswalk in the City, any article
or thing whatsoever so as to interfere with the convenient use of
the same by any person traveling thereon.
A.
No person or business shall conduct a "sidewalk sale" of merchandise on any public sidewalk or public land extending from his or its property line to a public street unless he or it first obtains from the Director of Public Works a written license stating the area of public space that may be occupied, and the time of such occupancy, and such other reasonable provisions as may be warranted, in accordance with the restrictions defined in Subsection B of this section and factors relative to the residential or commercial nature of the area. The license applicant further must file with the Director of Public Works a written agreement under seal, approved by the Director of Public Works, to comply strictly with the terms of the license and indemnify the City from all loss, cost or expense that the City may suffer by reason of such occupancy.
B.
Such sidewalk occupancy permits for the sale of merchandise shall
be subject to the following restrictions:
(1)
The applicant must demonstrate to the satisfaction of the Director
of Public Works that there is enough land between his property line
and the public way so as to permit the display of merchandise while
maintaining an open unobstructed sidewalk passage of at least 48 inches
in width for the use of the general public, so as not to interfere
with the convenient use of the sidewalk by any person traveling thereon.
This forty-eight-inch-wide clearance must be maintained continuously
while the sidewalk sale is in progress.
(2)
Licenses for such sales shall be granted no more than twice for any
merchant in any calendar year. Each license shall be granted for a
period of time up to, but not to exceed, seven consecutive days.
(3)
No merchandise or other material shall be outside for exhibition
or sale unless the seller or a representative of the seller is present.
C.
The fee for the issuance of a license granted under the provision
of this section shall be $20.
[Amended 9-29-1989; 3-27-2009]
A.
Any person, corporation, trust, partnership, governmental body, board,
commission, authority, agency, or body politic and corporate who or
which occupies or excavates the public or private ways of the City
of Springfield with proper permit from the Director of Public Works
or otherwise, as a condition of such occupation, shall be responsible
and liable for the maintenance and permanent restoration of all pavement
within 30 inches of any and all of the appurtenant structures where
they intersect the surface of the public way, private way, roadway
or sidewalk, and shall maintain said areas and repair any defect in
its entirety which lies wholly or in part in said area. Defects shall
include, but not be limited to, potholes, chuckholes, frost heaves,
cracking, spalling, settling, delaminating or patch repair. Repairs
and restorations made by the above-mentioned parties shall be made
in accordance with the specifications of and under permit from the
Director of Public Works, and at no cost to the City.
B.
Each person, corporation, trust, partnership, governmental board, commission, authority, agency or body politic and corporate occupying the public or private way, as a condition of such occupation, shall forever indemnify and save harmless the City of Springfield against all claims and demands of all persons for damages, costs, expenses or compensation for, on account of, or in any way growing out of or the result of any surface defect occurring wholly or in part within the area described in Subsection A.
C.
No person, corporation, trust, partnership, governmental body, board,
commission, authority, agency, or body politic and corporate, except
the Director of Public Works in the performance of his duties, shall
break, dig up or otherwise excavate or cause to be broken, dug up
or excavated the pavement or ground in any public street, or private
way, or any sidewalk or ground in any public street, private way,
or any sidewalk or common way, or erect or place or cause to be erected
or placed any materials or rubbish thereon, without first obtaining
from the Director of Public Works a written permit that indicates
in writing the space in the street or other public place that may
be occupied, and the time in which such occupancy may be allowed,
and such other provisions as the Director of Public Works may deem
best, and filing with the Director of Public Works a written agreement
under seal approved by the Director of Public Works, to comply strictly
with the terms of the permit and indemnify the City from all loss,
cost or expense that it may suffer by reason of such occupancy.
D.
Consistent with Chapter 300, Sewers, §§ 300-11, 300-12, 300-18 and 300-56, no person, corporation, trust, partnership, governmental body, board, commission, authority, agency, or body politic and corporate, except the Director of Public Works and the Springfield Water and Sewer Commission, shall work or operate as a contractor to excavate for any utility and restore said pavement without first obtaining from the Director of Public Works a license to do so. Application for such license shall be made upon a proper and appropriate form furnished by the Director of Public Works, setting forth such information and data therein as may be necessary to identify the applicant, to set forth his background of technical qualifications and training, and to set forth the equipment to be used by him. Said application shall first be submitted to the Director of Public Works, with a nonrefundable application fee of $125, who shall cause his recommendation of approval or disapproval to be placed thereon. Upon recording his recommendation, the Director of Public Works shall issue said license only if he determines that there exists a necessity for said license and the applicant is found competent as a contractor for water, sewer, drain and other utilities, and pavement restoration. Upon issuance of said license, it shall remain in force until the last day of December each year, unless sooner revoked by the Director of Public Works, and shall require an annual renewal fee of $100. The Director of Public Works shall not deliver any permit required by this section and § 300-11 to any person, corporation, trust, partnership, governmental body, board, commission, authority, agency, or body politic and corporate, except the Director of Public Works and the Springfield Water and Sewer Commission, until the Director of Public Works approves the license and the contractor provides a one-year performance bond with one or more sureties and liability insurance satisfactory to the Director of Public Works.
[Amended 6-6-2016]
E.
Fees.
(1)
The
following is a schedule of permit fees which shall be charged by the
City, by and through its Department of Public Works for the excavation
and/or for the obstruction of public ways:
[Amended 6-6-2016]
F.
The Director of Public Works shall determine all rules, policies,
and specifications as they pertain to any and all excavations and
repairs to public and private ways. These regulations shall be provided
to contractors seeking to acquire street permits to occupy any public
or private way. Specifications shall be reviewed and revised yearly
when necessary. All rules, regulations, specifications and policies
will be contained in the Department of Public Works' Street Occupancy
Manual.
G.
Any person, corporation, trust, partnership, governmental body, board, commission, authority, agency, or body politic and corporate who or which opens an excavation without a permit shall be subject to cancellation of existing permits, refusal of future permits, license revocation in accordance with Chapter 229, Licenses and Permits, of the Code of the City of Springfield, as amended, and shall be fined in accordance with Subsection H below and/or Chapter 300, Sewers, Part 1, Sewer Installation and Use, § 300-56.
H.
Any regulated industry company (formerly known as a "public utility
company") that shall break or dig up the ground or pavement of any
street or public way shall restore the same to the proper condition
to the satisfaction of the Director of Public Works in accordance
with MGL c. 164, § 70. Further, any regulated industry
company which excavates streets in the City shall put all such streets,
lanes and highways in as good repair as they were in when opened;
and upon failure so to do within a reasonable time, shall be guilty
of a nuisance in accordance with MGL c. 164, § 70.
I.
Any person, or regulated industry company, corporation, trust, partnership,
governmental body, board, commission, authority, agency, or body politic
and corporate shall have up to 90 days to restore any street, lane
or highway in as good repair as it was when opened (permanent repair).
If any person, or regulated industry company, corporation, trust,
partnership, governmental body, board, commission, authority, agency,
or body politic and corporate fails to restore any street, lane or
highway to the condition it was in prior to the excavation within
90 days, then said person or any person, or regulated industry company,
corporation, trust, partnership, governmental body, board, commission,
authority, agency, or body politic and corporate shall be subject
to a maintenance fee of $100 per day for the life of the road in addition
to the daily inspection fee.
J.
Street excavation moratorium.
[Added 7-18-2016]
(1)
Following paving of any City-owned and -controlled streets, private
ways, and rights-of-way pursuant to the City's annual paving program,
such streets, private ways, and rights-of-way shall be subject to
a three-year moratorium on further utility-related elective street
excavation.
(2)
Following paving of any City-owned and -controlled streets, private
ways, and rights-of-way as part of a City, state and/or federally
funded roadway reconstruction project, such streets, private ways,
and rights-of-way shall be subject to a five-year moratorium on further
utility-related elective street excavation.
(3)
The moratorium period described herein shall be measured by the completion
of the paving or reconstruction project on the particular street,
private way, or right-of-way. If an exact date is not available, the
City will use the date of September 1 as the paving date in a given
calendar year, or as otherwise set forth in the Manual for Occupancy
of Public and Private Ways within the City of Springfield, issued
by the Department of Public Works.
(4)
The designation of which moratorium period applies to a particular
street or right-of-way shall be at the sole discretion of the Director
of the Department of Public Works.
(5)
For purposes of this section, "utility-related street excavation"
shall include excavations for poles, conduits, and other excavations
related to telephone, natural gas, electrical, cable television, IT
and data, security, and alarm systems.
(6)
The moratorium periods described herein shall not apply to emergency
excavations. A permit is required for emergency excavations and must
be obtained from the Department of Public Works upon the first reasonable
opportunity (e.g., during DPW business hours).
[Added 3-27-2009]
A.
Subject to the provisions of § 338-35, all excavators are responsible for repairs to pavement for one year or until the City's acceptance of the repair, whichever is later. The following is a schedule of the fees which shall be charged by the City by and through its Department of Public Works for "life cycle pavement fees":
[Amended 6-6-2016]
|
Age of Pavement
(years)
|
Fee
(per square foot)
| |
|
Less than 1
|
$120 (if allowed)
| |
|
Less than 5
|
$65
| |
|
5 to 10
|
$35
| |
|
Over 10
|
$15
|
B.
Waiver of the life cycle pavement fees. If a contractor seeks a waiver
of the life cycle pavement fee, the following must be complied with:
(1)
A roadway reconstruction plan must be submitted and approved by the
Engineering Division.
(2)
The roadway area affected by the excavation, curb to curb, must be
removed and properly discarded.
(3)
The gravel base must be brought to grade and properly compacted.
(4)
Bituminous concrete shall be placed by machine and properly rolled
according to Massachusetts Department of Public Works standards (depth
to be determined by the City Engineer).
A.
Whenever any street or sidewalk or other public place in the City shall, under any license granted as provided in § 338-35, be dug up, obstructed, encumbered or otherwise thereby rendered unsafe or inconvenient for travel, the person so licensed shall put and at all times keep up a suitable railing or fence around the section of the street or other public place so obstructed, so long as the same shall be or remain unsafe or inconvenient as mentioned in this article, and shall also keep one or more lighted lanterns fixed to such fence or fixed in some other proper manner, every night from 1/2 an hour after sunset to 1/2 hour before sunrise, so long as such railing or fence is kept standing or obstruction remains.
B.
He shall also, within such reasonable time as the Director of Public
Works directs, amend and repair such street, sidewalk or public place,
to the acceptance of the Director of Public Works.
A.
No person shall put, place, throw or scatter, or cause to be put,
placed, thrown or scattered in any public or private way, parkway
or park road, lane or alley, or other public place in the City, or
adjacent thereto, any nails, tacks, broken glass, glass containers,
tin cans or other articles or substances which may in any way be liable
to puncture the tire of any vehicle, or which may in any way impede
or obstruct the passage of any vehicle over such public or private
way, parkway or park road, lane or alley, or other public place in
the City, or adjacent thereto.
B.
If, as a result of the operation of a motor vehicle on any public
or private way, parkway or park road, lane or alley, or other public
place in the City, or adjacent thereto, broken glass is thrown on
the surface of the way, road, alley or other public place in the City,
or adjacent thereto, the person operating such motor vehicle causing
the same shall immediately remove such glass from the surface of such
way, road, alley or place.
No person shall saw any wood or pile the same on the sidewalk
of any street in the City.
No person shall suffer his firewood, coal or other fuel to remain
unnecessarily on any sidewalk, or in any street in the principally
inhabited parts of the City, overnight or after twilight in the evening,
and in case it must if necessity so remain after twilight or through
the night, the owner shall place and keep a sufficient light over
or near the same through the night to prevent injury therefrom.
No person shall stand with or permit any vehicle under his care
or control to stand across any public street in such a manner as to
obstruct the travel over the same, and no person shall stop with any
vehicle in any public street at the side of or so near to another
vehicle as to obstruct public travel, and no person shall stop with
any vehicle upon or across any crosswalk in any street in the City.
[Amended 6-17-2019]
A.
Manually propelled vehicles, such as bicycles, manual push scooters
and skateboards, may be ridden on sidewalks within the City of Springfield
located outside the Metro Center District as defined by the City of
Springfield Office of Planning and Economic Development. The Metro
Center District shall include that territory in the City of Springfield
bounded by Route 291 to the north, Union Street and Howard Street
to the south, Federal Street to the east and the Connecticut River
to the west.
[Added 12-8-1988]
No person shall perform maintenance, mechanical or other repairs,
except those of an emergency nature which can be accomplished in a
limited time span such as the changing of a flat tire, on any motor
vehicle in any public street, or on any sidewalk, footwalk, crosswalk,
tree belt, terrace or publicly owned and/or operated parking lot or
parking facility in the City.
No person shall intentionally drive, wheel, draw or push any
motor vehicle upon or over the curbing of any public way in the City
without having first obtained a permit from the Director of Public
Works, unless the curbing at that point is designed to permit the
passage of vehicles over it.
A.
No persons, except invalids or lame or otherwise disabled persons,
shall put in motion, or use in motion, any wheeled vehicle in, along
or upon any of the streets or portions of streets of the City unless
such vehicle shall be propelled by some beast attached thereto, or
drawn or pushed by some person on foot.
B.
This section shall not apply to the use of bicycles, tricycles, motorcycles
or automobiles.
A.
CHIEF OF POLICE
MOTORCADE
PARADE
Definitions. For purposes of this section, the following words shall
have the following meanings:
The Chief of Police of the City or the board or officers
having control of the police or persons authorized by them.
An organized procession containing 25 or more vehicles, except
funeral processions, upon any public street, sidewalk, or alley.
Any march or procession consisting of people, animals or
vehicles, or combinations thereof, except funeral processions, upon
any public street, sidewalk, or alley, which does not comply with
normal and usual traffic regulations or controls.
B.
Permits. It is unlawful for any person to conduct a parade or motorcade
in or upon any public street, sidewalk, or alley in the City or to
knowingly participate in any parade or motorcade unless and until
a permit to conduct such parade or motorcade has been obtained from
the Chief of Police.
C.
Application for permit.
(1)
Any
person who wants to conduct a parade or motorcade shall apply to the
Chief of Police for a permit at least 96 hours in advance of the date
of the proposed parade or motorcade. The ninety-six-hour notice period
shall be waived unless the Chief of Police finds that, because of
the size or nature of the parade, it will be prohibitively difficult
in the time remaining to make the arrangements necessary to prevent
serious disruption to public safety or to the flow of traffic, in
which case, the Chief shall state in writing his finding and the reason
therefor, and communicate the same promptly to the applicant, by personal
service if time allows, otherwise by telephone or other means. The
application for such permit shall be made in writing on a form approved
by the Chief of Police.
(2)
In
order that adequate arrangements may be made for the proper policing
of the parade or motorcade, the application shall contain the following
information:
(a)
The name of the applicant, the sponsoring organization, the
motorcade chairman, and the addresses and telephone numbers of each.
(b)
The purpose of the parade or motorcade, the date when it is
proposed to be conducted, the location of the assembly area, the location
of the disbanding area, the route to be traveled and approximate time
when the parade or motorcade will assemble, start, and terminate.
(c)
A description of the individual floats, marching units, vehicle
bands, including a description of any sound amplification equipment
to be used.
(d)
Such other information as the Chief of Police may deem reasonably
necessary.
D.
Contents of permit.
(1)
In each permit, the Chief of Police shall specify:
(a)
The assembly area and time thereof;
(b)
The starting time;
(c)
The minimum and maximum speeds;
(d)
The route of the parade or motorcade;
(e)
What portions of streets to be traveled may be occupied by such
parade or motorcade;
(f)
The maximum number of platoons, or units, and the maximum and
minimum intervals of space to be maintained between the units of such
parade or motorcade;
(g)
The maximum length of such parade or motorcade in miles or fractions
thereof;
(h)
The disbanding area and disbanding time;
(i)
The number of persons required to monitor the parade or motorcade;
(j)
The materials used in the construction of floats used in any
parade shall be of fire-retardant materials and shall be subject to
such requirements concerning fire safety as may be determined by the
Fire Chief;
(k)
That permittee advise all participants in the parade or motorcade,
either orally or by written notice, of the terms and conditions of
the permit prior to the commencement of such parade or motorcade;
(l)
That the amplification of sound permitted to be emitted from
sound trucks or bull horns be fixed and not variable;
(m)
That the parade or motorcade continue to move at a fixed rate
of speed and that any willful delay or willful stopping of said parade
or motorcade, except when reasonably required for the safe and orderly
conduct of the parade or motorcade, shall constitute a violation of
their permit; and
(n)
Such other requirements as are found by the Chief of Police
to be reasonably necessary for the protection of persons or property.
F.
Grant, denial or revocation of permit.
(1)
A permit, if timely sought, shall be granted unless:
(a)
The time, route and size of the parade or motorcade will disrupt
to an unreasonable extent the movement of other traffic.
(b)
The parade or motorcade is of a size or nature that requires
the diversion of so great a number of police officers of the City
to properly police the line of movement and the area contiguous thereto
that allowing the parade or motorcade would deny reasonable police
protection to the City.
(c)
Such parade or motorcade will interfere with another parade
or motorcade for which a permit has been issued.
(d)
By reason of disaster, public calamity, riot, or other emergency,
the Chief of Police determines that the safety of the public or property
required such denial.
(2)
A permit, once granted, may be revoked for any of the above-stated
reasons. Notice of denial or revocation shall be delivered in writing
to the permittee by personal service or by certified mail.
Three or more persons shall not stand together or near each
other in any street, or on any footwalk or sidewalk in the City, so
as to obstruct the free passage for foot passengers, and any persons
so standing shall move on immediately after a request to do so, made
by the Mayor, Chief of Police or any police officer.
No person shall, except in accordance with a written permit
from the Chief of Police and except as provided in MGL c. 101,
§ 17, in any street or from any point immediately adjacent
to a sidewalk, sell or offer for sale any goods or articles to any
person on any sidewalk of the City.
Every motor vehicle used for the retail sale of frozen desserts
and soft drinks in, upon or along any street or from any point immediately
adjacent to a sidewalk or for sale to any person on any sidewalk of
the City shall be equipped with front and rear amber blinker lights
plainly visible from a distance of at least 500 feet, and said lights
shall be left flashing when the motor vehicle is stopped for the purpose
of selling or soliciting any sale.
A.
No owner, driver or other person having charge or control of any
vehicle used for the purpose of conveying from place to place within
the City, for hire, any wood, coal, lumber, stone, brick, sand, gravel,
clay, dirt, rubbish, goods, wares, furniture or merchandise, shall
stand or wait with any such vehicle, for orders or employment, or
permit any such vehicle, so under his charge or control, to stand
for orders in any street, square, lane, court or public way or public
place within the City, other than such stands as may be assigned by
the Chief of Police.
B.
The City Council may from time to time grant licenses to such persons
and upon such terms as it may deem proper, to employ or use any such
vehicle, for the purpose mentioned in this article. Whoever, being
so licensed, violates the provisions of this section may have his
license forthwith revoked by the City Council.
No person shall move or cause to be moved any building through
any public street in the City without first obtaining from the Director
of Public Works a written permit therefor, stating the streets through
which, and the time within which, the building may be moved, and any
other provisions he may deem best, and filing with the Director of
Public Works a written agreement under seal, approved by the Director
of Public Works, to comply with the terms of the permit and indemnify
the City for all loss, cost or expense it may suffer by reason of
the moving of such building.
A.
No person shall allow any sink water or other impure water to run
from any house, barn or lot occupied by him or under his control into
any street in the City.
B.
From eaves of buildings. No person shall permit water from the eaves
or leader pipes of any building owned or cared for by him to be discharged
or to flow upon any public street or sidewalk in the City.
C.
Washing windows or walls. No person, between the hours of 7:30 a.m.
and 11:30 p.m., shall wash or allow to be washed any windows or walls
of a building owned or cared for by him in such a manner as to cause
the discharge of water upon any public sidewalk or walk devoted to
the public use.
No person shall allow any gate or door belonging to premises
owned or occupied by him or under his control to swing on, over or
into any street or sidewalk in the City.
No auctioneer shall hold his sale upon any sidewalk or other
thoroughfare in the City so as to obstruct or prevent the free and
convenient use of the same by foot passengers traveling thereon.
No person shall, within the limits of any street in the City,
play at any game of ball, or fly any kite or balloon, or throw any
stone or other missile, or engage in any other game, amusement or
exercise interfering with free, safe and convenient use of such street
by any person traveling or passing along the same.
A.
No person shall course, coast or slide upon any sled, ski, board or other thing upon any sidewalk or footwalk in the City, except as provided in § 338-42.
B.
No person shall course, coast or slide upon any sleigh, ski, sled
or other vehicle constructed specifically and expressly for motion
by sliding in, along or upon any street or portion thereof within
the prescribed limits of the City.
C.
This section shall not apply to any horse-drawn sleigh or sled.
A.
Gasoline pumps, oil boxes or pipes, barber poles, advertising signs
and telephones. No person shall place or maintain in the sidewalk
of any public street in the City any covering or surfacing made of
metal or the combination of metal and any other material, nor place
or maintain in, on or over any sidewalk or tree belt of any such public
street in the City, any gasoline pump, oil container, oil or gasoline
fill box or pipe, parking sign, barber pole, directing sign, advertising
sign or device or any other sign or public telephones, telephone booths
and other appurtenances thereto, without first having been authorized
to do so by a written license from the Director of Public Works, which
license shall not be valid until recorded by the Director of Public
Works in a book to be kept for the purpose; and no such license shall
be given until the licensee gives to the City a bond, to be approved
by the Mayor, conditioned to indemnify, protect or save harmless the
City from any and all loss by reason of any person sustaining bodily
injury or damage in his property by reason of such placing or maintaining
in, on or over the sidewalk or tree belt of any such public street
of any such covering or surfacing or any gasoline pump, oil container,
oil or gasoline fill box or pipe, parking sign, barber pole, directing
sign, advertising sign or device, or any other sign or public telephones,
telephone booths and other appurtenances thereto.
B.
Conditions of license.
(1)
The Director of Public Works shall not authorize the placing or maintaining
in the sidewalks of any such covering except upon the express condition,
to be stated in the license, that the same shall be so constructed
as not to present a smooth surface on which travelers may slip, or
a surface so rough as to be an obstruction to public travel.
(2)
Any license granted by the Director of Public Works may be revoked
at any time by a written revocation to be filed with the Director,
who shall note the filing thereof on the recorded copy of the license,
and each license shall state that it is subject to such revocation.
D.
Exception for flagpoles. Notwithstanding the provisions of Subsections A and B, the provisions that no such license shall be given except upon condition that the licensee gives to the City a bond conditioned as provided in Subsection A shall not apply to cases of licenses to place or maintain in the sidewalk of a public street in the City coverings of receptacles for flagpoles placed in the sidewalk for the display of flags for patriotic purposes, and for the placing or maintaining in such receptacles of flagpoles bearing flags; provided that such receptacle and covering shall not exceed 1 1/2 inches in diameter; and provided, further, that such covering, when in place, shall be flush with and on a plane with the sidewalk.
[Added 3-9-2020[1]]
A.
Purpose. The general purpose of this section is to provide guidelines
to businesses to install and operate outdoor seating areas within
the public right-of-way on a regular basis throughout the City of
Springfield. The following outlines how outdoor seating permits will
be issued, managed and what requirements individual businesses must
adhere to.
B.
Outdoor seating is any seating proposed within the City of Springfield
public right-of-way including streets and sidewalks, for the purposes
of serving food or beverages, or for the consumption of food or beverages
associated with such a business.
C.
Exemptions.
(1)
The provisions of this section shall not apply to any business wishing
to install outdoor seating on private property or on any public property
not controlled by the Department of Public Works. If desired location
is within a public park, contact the Parks Department.
(2)
The provisions of this section shall not apply to any proposed occupancy
of less than one month. Any occupancy of the public right-of-way associated
with a specific event (parade, festival, etc.) may be subject to additional
and/or different rules and regulations of the Department of Public
Works.
D.
General. The Department of Public Works is hereby authorized to promulgate
additional rules and regulations for the implementation of this section;
provided, however, that such rules and regulations are not inconsistent
with the following:
(1)
Outdoor seating permits will only be allowed from February 1 to November
30 of each calendar year.
(2)
Minimum duration. The minimum duration of an outdoor seating permit
will be one month. Any entity wishing to apply for permits of less
than one month that are not in connection with a specific event are
still required to comply with all of the rules and regulations of
this section, but will be charged based upon standard occupancy rates.
(3)
Hours of operation. Hours of operation will be at the request of
the business/property owner and will be approved on a location-by-location
basis. No outdoor seating will be allowed between the hours of 11:00
p.m. and 7:00 a.m.
(4)
Outdoor seating will only be allowed on the immediate frontage of
the business. Any extension of proposed seating to adjoining businesses
or properties is not permitted.
(5)
No permanent attachment of any proposed equipment to the surface
of the public right-of-way will be allowed. No material and/or equipment
will be allowed to be stored within the public right-of-way outside
of the dates above, or outside of the specific dates requested within
an application.
(6)
No live entertainment or outdoor speakers will be allowed as part
of the outdoor seating permit. Any business requesting live entertainment
or outdoor speakers must obtain all pertinent permissions prior to
obtaining an outdoor seating permit from the Department of Public
Works.
(7)
An approved license to operate a food establishment within the City
of Springfield is required prior to obtaining permission for outdoor
seating from the Department of Public Works.
(8)
A business with an outdoor seating permit is responsible for maintenance
(sweeping, washing, etc.) of the permitted area throughout the span
of the permit regardless of the business operating schedule. Any business
operating outdoor seating must have proper trash receptacles and is
responsible for any trash that migrates out of the proposed area.
E.
Application.
(1)
The business must complete the application form found in the Department
of Public Works Occupancy Manual. Prior to approving the application,
the Department of Public Works will transmit the application to the
following departments for their approval:
(a)
Building Department Approval.
(b)
Planning Board Approval.
(c)
Health and Human Services.
(d)
Fire Department/Police Department.
(e)
Springfield Parking Authority.
(f)
Expanded liquor license from Licensing Commission.
(g)
Property owner approval. Any business proposing outdoor seating
that is not the owner of the property, must provide documentation
showing the approval of the property owner for the proposed outdoor
seating plan.
(2)
Application requirements. The Department of Public Works requires
the following as part of the outdoor seating application:
(a)
Insurance. Applicant must obtain necessary liability insurance
with up to $250,000 in general liability with the City added as an
additional insured on the policy and notice that the City shall be
held harmless. Proof of insurance must be submitted with the application
package. Any and all other standard insurance requirements for the
business must be expanded to include the proposed outdoor space (i.e.,
workman's compensation, liability, property damage, etc.).
(b)
Layout. A sketch plan to scale must be submitted with the application
that shows the full proposed use of the space. The plan must include
table/chair locations, service stations, bar areas, food preparation
locations, etc.
(c)
Lighting. Additional proposed lighting must be included on the
layout plan with the application.
(d)
Storage. The proposed layout plan must also indicate what is
being proposed with outdoor seating equipment during non-operating
periods.
(e)
Utilities. The proposed layout must also indicate any utilities
(lighting, portable heaters, extension cords, trash receptacles, etc.)
that will be required for the operation of the proposed space. No
public utilities or services will be allowed for use by the business
(i.e., use of City-owned trash receptacles, electricity from adjacent
utility poles, etc.).
(f)
Separation. The proposed space for outdoor seating must provide
for formal separation (landscape, fencing, barriers, etc.) from the
public pedestrian routes as required by the Department of Public Works.
Separation should be clearly identified in layout plan.
(g)
Passage. The applicant must show how patrons utilizing adjacent
sidewalk sections will be able to traverse through/around the proposed
seating area while maintaining all required ADA/AAB standards.
(h)
Adjacent parking. The applicant must show any impact to adjacent
parking spaces and determine if temporary parking modifications will
be required. The applicant is responsible for any fees associated
with the removal of any parking spaces under the control of the City
of Springfield and/or the Springfield Parking Authority.
(i)
Signage. Approval of additional signage of any kind within or
adjacent to the proposed area will be reviewed as part of the application
submitted to the Department of Public Works.
F.
Fees. The following is the schedule of fees payable to the Department
of Public Works for an outdoor seating permit:
G.
Approval process. Applications submitted to the Department of Public
Works will be processed within 14 days of confirmation that all proper
information has been submitted. The City Council will receive notice
of all approved applications.
H.
Renewal. A renewal application and annual permit fee is required
each calendar year by February 1. An updated layout must be submitted
if any changes are made from previous year's application. A renewal
applicant will not be subject to a new permit fee.
I.
Violations and fines. Any entity deemed to be operating any outdoor seating area as part of their business, regardless of whether food or beverages are being served, without proper approval of the Department of Public Works, will be subject to fines of $100 per day. Pursuant to Chapter 229 of the City of Springfield Code, any business that has past due fines will not be able to obtain an outdoor seating permit until all past due fines have been paid. Any business determined to be in violation of an existing outdoor seating permit may have fines imposed, or may be directed to immediately cease and desist.
J.
This section shall be effective upon passage.
[1]
Editor’s Note: The provisions of former § 338-58,
Outdoor seating, added 5-14-2018, expired 5-31-2019 and were removed
from the Code.
