The sidewalk cafe and vending regulations as established in
this chapter are designed to allow sidewalk cafes and vending on public
property, in locations where they are determined to be appropriate
by the Director of the Office of Zoning, Planning, Administration
and Enforcement ("Director") 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 cafe and vending areas and to ensure access to
adjacent commercial and retail uses.
B. To promote sidewalk cafes and vending as useful and properly
planned visual amenities which better relate to the stereoscope.
C. To simplify administrative and strengthen enforcement procedures
for sidewalk cafes and vending that are effective, efficient and enforceable.
D. To preserve and enhance the character of neighborhoods
through the Town and to protect the adjacent residential areas.
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.
SIDEWALK VENDING
The sidewalk area adjacent to and a part of a permitted indoor
retail establishment that is used for the sale of retail merchandise.
The Director or his designee shall grant or disapprove an application
for a permit pursuant to this chapter within 30 days of its complete
submission.
Upon a finding by the Director that the applicant has violated
any provision of this chapter or the terms and conditions of the permit
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 Director 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 Director shall
have the authority to revoke or suspend a permit upon the finding
of a violation of any applicable rule, regulation, ordinance or local
law or upon good cause shown.
Appeals from the revocation or suspension or other condition
of a permit may be taken to the Zoning Board of Appeals by any aggrieved
person within 30 days from the date of the revocation or suspension,
by filing a written notice with the Director on forms prescribed by
the Board. Each appeal shall refer to the specific, relevant provision
of this chapter, explain the aggrieved person's position with
respect to the determination being appealed and state the relief requested.
Neither the adoption of this chapter nor the granting of any
permit pursuant hereto shall be construed as a waiver of any right,
privilege or immunity of the Town of Orangetown concerning its public
easement over the streets and sidewalks, or of any requirements of
law concerning the liability of the easement over the streets and
sidewalks, or of any requirement of law concerning the liability of
the Town of Orangetown 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 Orangetown, 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.
The applicant shall obtain and maintain in full force and effect
throughout the term of the permit a policy of general liability insurance,
which such policy shall:
A. Name the Town of Orangetown, 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 20 days' notice to the Town of Orangetown. The applicant
shall file with the Town, prior to the issuance of the permit, a certificate
evidencing the requisite insurance.
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 or vending 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 permit.
A permit and administrative fee of $100 is required upon the
issuance of the permit.