The sidewalk cafe regulations as established in this chapter
are designed to allow sidewalk cafes on public property throughout
the year, in locations where they are determined to be appropriate
by the Code Enforcement Officer of the Borough of West Reading ("Code
Enforcement Officer") 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 areas 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 streetscape.
C. To establish administrative and enforcement procedures for sidewalk
cafes that are effective, efficient and enforceable.
D. To preserve and enhance the character of neighborhoods through the
Borough 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 CAFE
An outdoor dining area located on a sidewalk in front of
the principal place of business of a restaurant or other area adjacent
to the principal place of business of such restaurant.
The Code Enforcement Officer 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 Code Enforcement Officer 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 Code Enforcement Officer
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 Code Enforcement Officer 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 denial, revocation or suspension or other condition
of a permit or renewal thereof may be taken to the Borough Council
by any aggrieved person within 30 days from the date of the denial,
revocation or suspension, by filing a written notice with the Code
Enforcement Officer on forms prescribed by the Borough Council. 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 Borough 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 Borough of
West Reading with respect to streets and sidewalks, whether expressed
or implied.
Before any permit is issued, the applicant must enter into an
agreement with the Borough, in form satisfactory to the Borough Solicitor,
containing the following provisions set forth in this section. Specifically,
the applicant shall indemnify and hold harmless the Borough, its officers,
employees and agents from and against any and all loss resulting from
injury to, or death to persons, or damage to property, or any other
claims arising out of, resulting from or in any manner caused by the
presence, location, use, operation, installation, maintenance, replacement
or removal of such sidewalk cafes, or by the acts or omissions of
the employees or agents of the applicant in connection with such sidewalk
cafe. The applicant shall also release the Borough from any and all
claims relating to its sidewalk cafe, including, but not limited to,
loss of business and/or value of the sidewalk cafe when it is ordered
removed or when street, sidewalk or utility construction occurs.
The applicant shall, at its own expense, maintain in full force and effect an insurance policy naming the Borough as an additional insured. The policy shall afford comprehensive general liability insurance in the amount of not less than $1,000,000, including contractual liability insurance covering the applicants indemnification and hold harmless obligations under §
368-8 above, and shall provide that the Borough Manager be notified at least 30 days prior to the expiration of coverage in the event the policy is cancelled or the applicant fails to renew. Within 10 days of the approval of the sidewalk cafe permit, and each year thereafter, the applicant shall submit a certificate of insurance to the Borough Manager. In addition, the applicant shall obtain a bond in an amount and form satisfactory to the Code Enforcement Officer to indemnify the Borough for the cost of removal of any sidewalk cafe and all incidental costs.
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys' fees incurred by
the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this chapter that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this chapter in equity in the Court of Common
Pleas of Berks County.