The purpose of this chapter is to permit certain outdoor eating
facilities adjacent to existing restaurants and businesses selling
prepared food in order to encourage the viability of restaurants and
food-service establishments and to enhance the vitality of the Township
of Delanco.
All outdoor eating facilities permitted by this chapter must
comply with the following:
A. A safe, continuous, and level path on the public right-of-way (sidewalk)
shall be maintained for pedestrian traffic to pass in front of the
property operating the outdoor eating facility. Such path must be
not less than four feet in width between the most forward edge of
any furniture or other items and any existing and proposed features,
such as trees, tree wells, planters, benches, trash cans, signs, hydrants,
utility poles, curblines, and similar publicly installed fixtures
or other item in the right-of-way.
B. No outside furniture or other item may be located within three feet
of the curbline.
C. All outside furniture, including tables and chairs, may remain in
the public right-of-way (sidewalk) at the end of business each day,
but any smaller items, including napkin holders, table signs, and
the like, shall be stored inside the business.
[Amended 12-16-2019 by Ord. No. 2019-25]
D. Disposable items, including but not limited to dishes, cutlery, cups,
table covers, and napkins:
(1) Shall not be used as part of any outdoor eating facilities where
employees of the business serve patrons.
(2) May be used by patrons using outdoor furniture where food and drinks
are obtained inside the business premises and there is a satisfactory
plan to insure that these disposable items do not become litter. Businesses
meeting this requirement must include appropriately located trash
receptacles in their plan along with regular monitoring and cleanup
by employees of the business.
E. Pedestrian traffic shall not be impaired due to the operations of
serving food and drinks or during set up or removal of the outdoor
furniture and items.
F. There must be a satisfactory operating plan that covers the following:
(1) Serving of food and drinks;
(2) Cleaning any accumulation of trash, garbage and/or litter;
(3) Ensuring that pedestrian traffic will not be impaired; and
(4) Removal of all smaller items per Subsection
C above when the operations cease each day.
[Amended 12-16-2019 by Ord. No. 2019-25]
It shall be unlawful to place furniture and other items on the
outside of any property to be used in connection with a proposed,
or existing outdoor eating facility in the Township of Delanco without
first making application for and obtaining an outdoor eating facility
permit. Outdoor eating facilities must also meet any and all requirements
imposed by any other applicable statutes, regulations and ordinances.
Any person that shall violate any part of this chapter, or do any act or thing prohibited, or refuse to do any act required to be done, or refuse or fail to comply with an order of the Township or one of its officials shall, upon conviction thereof before any judicial officer authorized to hear and determine the matter, be subject to the penalties provided in Chapter
1, General Provisions, § 1- 14. Whenever such person shall have been officially notified by the Township or one of its officials, or by service of a summons in a prosecution, or in any other official manner, that such person is committing a violation, each day's continuance of such violation after such notification shall constitute a separate offense punishable by a like fine or penalty.