[Gen. Ords. 1959, § 12.04; Ord. No. 5197, § 2, 7-11-1968]
No person shall place or keep in, across, or upon any street, alley or sidewalk any fence, building, porch, stairway, cellar steps, stationary awning or other stationary object which may interfere with the full and free use by the public of such streets, alleys, or sidewalks, unless specifically authorized by ordinance so to do.
[Gen. Ords. 1959, § 52.37]
No person shall place or maintain or cause to be placed or maintained any awning, canopy, shade or frame for the same in any street without the permission of the Council, nor unless the canopy, awning or frame shall be safely and securely fastened and so located and constructed as not to interfere with pedestrians, and so that the lowest part thereof shall not be less than eight feet above the sidewalk nor extend beyond the line of the sidewalk. The person so placing or maintaining the canopy, awning or frame shall conform to any directions relative to the materials, construction and maintenance thereof, which shall be given by the City Engineer. All permits for the erection of such awnings, canopies, shades or frames shall be subject to the right of the City to revoke the permit on three months' notice, and if the owner or any person having care thereof fails to remove the same at the expiration of such period, the Director of Public Services shall cause the canopy, awning or frame to be removed at the expense of the owner or permittee, as provided in the building code of the City.[1]
[1]
Editor's Note: See Ch. 5, Building, Construction and Housing.
[1]
Editor's Note: Former § 20-91, Sale of property on land condemned for streets, derived from Gen. Ords. 1959, § 12.16, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Gen. Ords. 1959, § 12.04; Ord. No. 5197, § 2, 7-11-1968]
No person shall place, expose or offer any merchandise or property upon any street, alley or sidewalk for show or sale by auction or otherwise. No person shall place or cause to be placed upon any street, alley or sidewalk any sign, box, barrel, goods, wares, lumber, building materials or any article whatsoever so as to obstruct or otherwise encumber the public way, unless specifically authorized so to do by a special provision included as a part of an evacuation or building permit, or to comply with the requirements for guarding working areas as specified in this chapter. Nothing in this section shall prohibit merchants from using the sidewalk when receiving or shipping goods, provided the use of the street, alley or sidewalk is obstructed as little as possible and for as short a time as possible.
[1]
Editor's Note: Former §  20-93, Removal procedure, derived from Gen. Ords. 1959, § 12.05, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[1]
Editor's Note: Former § 20-94, Removal of trees and structures, derived from Gen. Ords. 1959, § 12.07, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Ord. No. 8208, 5-6-1993; Ord. No. 10799, 2-15-2023]
Restaurants may utilize the public sidewalk for outdoor seating under the following provisions:
a. 
Seating for not more than 12. Restaurants in commercial districts may provide seating for not more than 12 on the public sidewalk contiguous to their restaurant facility under the following conditions:
1. 
No permanent structures or paving are installed.
2. 
No outdoor speakers or music shall be allowed.
3. 
Outdoor tables, chairs, furniture and decorative items shall be of uniform design.
4. 
Provisions shall be made for adequate litter and trash control, including the providing and maintenance of trash receptacles. The outdoor area shall be kept clean and free of debris at all times.
5. 
Restaurant service equipment shall not be permitted outdoors.
6. 
An unobstructed pedestrian walkway six feet wide shall be maintained on the public sidewalk between the tables, umbrellas, and the vehicle traffic way.
7. 
The seating shall not obstruct any entry- or exit-way of the building or adjacent buildings.
8. 
Hours of sidewalk use are limited from 6:00 a.m. to 12:00 midnight except in B-1, where it shall be limited from 7:00 a.m. to 10:00 p.m.
9. 
Provision shall be made for appropriate lighting which will not disturb adjacent property or affect traffic on adjacent rights-of-way.
b. 
Seating for more than 12. Restaurants may apply for outdoor dining on the public sidewalk contiguous to their restaurant facility for more than 12 under the following procedures:
1. 
The Planning and Zoning Commission and Public Services Department shall review the application and plans, taking into account the criteria of the Zoning Code for a Special Use Permit (as applicable) and the following conditions:
a. 
Parking. That adequate off-street parking exists for the increased restaurant use. A determination of inadequate off-street parking shall be grounds for denial of the permit. This evaluation shall recognize any exceptions or exemptions included in the City's current parking requirements.
b. 
Outdoor speakers/music. Outdoor speakers or music shall not be permitted.
c. 
Outdoor furniture. Outdoor tables, chairs, furniture, and decorative items shall be of uniform design.
d. 
Lighting. Temporary lighting may be approved. Permanent lighting shall not be permitted.
e. 
Permanent structures. No permanent structures or paving shall be installed.
f. 
Hours of operation. Hours of sidewalk use shall be from 6:00 a.m. to 12:00 midnight except in B-1 and residential districts, where it shall be limited from 7:00 a.m. to 10:00 p.m.
g. 
Litter control. Provisions are made for adequate litter and trash control, including the providing and maintenance of trash receptacles. The outdoor area shall be kept free of debris at all times.
h. 
Pedestrian walkway. An unobstructed pedestrian walkway at least six feet wide shall be maintained on the public sidewalk between the tables, umbrellas, and the vehicle traffic way.
i. 
Building obstructions. The dining area shall not obstruct any entry- or exit-way of the building or adjacent buildings.
j. 
Lighting. If approved, provision shall be made for appropriate lighting which will not disturb adjacent property or affect traffic on adjacent rights-of-way.
k. 
Other conditions. Any other conditions or provisions regarding public safety or health as determined by the Council.
2. 
The City Council shall review the Planning and Zoning Commission's and Public Services' recommendations and may, upon motion, approve a Special Use Permit for the restaurant proprietor for outdoor dining under the following provisions:
a. 
Upon Council approval of a motion granting the application, the initial permit shall be issued for a one-year period. At the end of the first one-year period, said permit is subject to renewal by the City Council through consideration of a resolution without a requirement for a public hearing.
b. 
After the initial one-year renewal, the permit is subject to renewal as required within the conditions of the permit after inspection and approval by the Public Services Department and Police Department, provided that the proprietor has conformed to the provisions of this section and the initial approval conditions, if any. In the event the Police Department or Public Services Department notifies the City Council in writing that the proprietor has failed to conform to any provisions of this section or approval conditions, then the Council will consider said information during renewal review of the permit to determine if renewal is appropriate.
c. 
The initial and renewal special use permit fee for outdoor dining shall be as set by the Council by resolution from time to time.
d. 
The permit may be revoked by the Council upon written notification by the Police Department or Public Services Department of a violation of this section or the approval conditions following a hearing.