[Adopted as Ch. 11, Art. I, of the 1964 Code]
[Amended 7-7-2014 by Ord.
No. 2014-1783]
All public streets, alleys, sidewalks and other public ways
shall be under the supervision of the Director of Public Works. The
Director of Public Works shall have supervision over all work thereon
and the cleaning thereof. The Director of Public Works shall be charged
with the enforcement of all ordinance provisions relating to such
public places (except traffic ordinances) and is hereby authorized
to enforce such ordinances.
[Amended 5-20-2019 by
FMC-2019-8]
It shall be unlawful to construct or lay any pavement on any
public street, sidewalk, alley or other public way or to repair the
same without having first secured a permit therefor. Applications
for such permits shall be submitted to the Building Department and
shall state the location of the intended pavement or repair, the extent
thereof, and the person or firm who is to do the actual construction
work.
Each applicant shall file a bond or policy in the amount of
$10,000 with sureties to be approved by the Director of Public Works,
conditioned to indemnify the Village from any loss or damage resulting
from the work undertaken or the manner of doing the same; except that
the amount of the bond may be set at a lower figure by the corporate
authorities.
All street and sidewalk pavement shall be made in conformity
with the specifications approved from time to time by the Director
of Public Works.
It shall be unlawful to walk upon or drive any vehicle or animal
upon, or injure any newly laid street or alley pavement while the
same is guarded by a warning sign or barricade, or to knowingly injure
any street, sidewalk or alley pavement.
[Amended 7-7-2014 by Ord.
No. 2014-1783]
All public streets, alleys and sidewalk pavement shall be in
good repair. Such repair work, whether done by the Village or the
abutting owner, shall be under the supervision of the Director of
Public Works, subject to the approval of the Director of Public Works.
[Amended 7-7-2014 by Ord.
No. 2014-1783]
It shall be the duty of every Village officer or employee becoming
cognizant of any defect in any street, alley or sidewalk, or any obstruction
thereof, to report the same to the Director of Public Works.
It shall be unlawful for any person, firm or corporation to
cause, create or maintain any obstruction of any street, alley, sidewalk
or other public way, except as may be specifically authorized by ordinance
or by the Director of Public Works.
A.
Any person, firm or corporation laying or repairing any pavement
on a street, sidewalk or other public place or making an excavation
in the same shall maintain suitable barricades to prevent injury of
any person or vehicle by reason of the work; such barricades shall
be protected by suitable lights at night time.
B.
Any defect in any such pavement shall be barricaded to prevent injury;
and any person, firm or corporation properly maintaining any opening
or excavation in any such place shall guard such opening or excavation
while the same remains open by proper barricades and lights.
It shall be unlawful to disturb or interfere with any barricades
or lights lawfully placed to protect or mark any new pavement or excavation
or opening in any public street, alley or sidewalk.
[Amended 8-16-2010 by FMC-446]
A.
It shall be unlawful for any person, firm or corporation to use any
street, sidewalk or other public place as space for the display of
goods or merchandise for sale, or to write or make any signs or advertisements
on any such pavement.
B.
Streets, sidewalks and other public places within the Central Business
District may be used for the display and sale of goods and merchandise
upon authorization by the Director of Public Works but only in connection
with Village-sponsored community events.
It shall be unlawful to erect or maintain any building or structure
which encroaches upon any public street or property.
It shall be unlawful to obstruct any drain in any public street
or alley.
It shall be unlawful to erect any poles or wires or maintain
any poles or wires over any public place, street, alley or other public
way without having first secured permission of the Public Works Director.
It shall be unlawful to maintain or erect any gasoline pump
or tank in any public street, alley or sidewalk.
A.
It shall be unlawful to construct or maintain any openings or stairway
in any public street or alley or sidewalk or other public place without
a permit from the Director of Public Works.
B.
All such lawfully maintained openings shall be guarded by a suitable
strong cover or railing, to the approval of the Director of Public
Works.[1]
[1]
Editor's Note: Original § 11.117 of the 1964 Code,
Barbed wire fences-electric current fences, which followed this section,
was repealed 1-16-1984 by FMC-192.
[Amended 7-7-2014 by Ord.
No. 2014-1783]
A.
It shall be unlawful to deposit on any street any material which
may be harmful to the pavement thereof, or any waste material, or
any glass, or other articles which may cause injury to any person,
animal or property.
B.
Materials may be deposited in streets preparatory to delivery for
use, provided that such deposit does not reduce the usable width of
the street or roadway at that point to less than 18 feet, and provided
that such material, other than material used in actual building construction,
shall not be permitted to remain in such street for more than three
hours.
C.
Any such material shall be guarded by lights if the same remains
upon any street during nighttime.
A.
It shall be unlawful to deposit on any public sidewalk any material
which may be harmful to the pavement thereof, or any waste material,
or any glass or other article which might cause injury to persons,
animals or property.
B.
Merchandise or other articles may be deposited on sidewalks preparatory
to delivery, provided that the usable width of the sidewalk is not
thereby reduced to less than four feet, and provided that no such
article shall remain on such walk for more than 1/2 hour.
[Added 4-20-2009 by FMC-432; amended 5-20-2019 by FMC-2019-8; 4-18-2022 by FMC-2022-3]
A.
Cafe service areas. Cafe service areas are designed to permit sidewalk
cafes accessory and incidental to lawfully existing restaurants, bakeries,
coffee shops and other establishments selling food and/or beverages
(collectively, the "establishment") in the B-5 Central Business District.
Within this zoning district sidewalk cafes may be located on public
sidewalks immediately adjacent to a lawfully existing establishment
(the "cafe service area") in locations where they shall be determined
to be appropriate by compliance with these standards and the issuance
of a license as hereinafter provided:
(1)
The Mayor may annually grant a license to an establishment for
the use of a cafe service area as approved by the Building and Zoning
Administrator and Director of Public Works for a term commencing April
15 and terminating November 1. A license may be suspended or revoked
by the Mayor due to a public event, construction, emergency or failure
to conform to the requirements of this section.
(2)
The cafe service area shall be confined to the area immediately
adjacent to the building wall and extending up to a maximum of four
feet from said wall towards the curb. In no event shall the cafe service
area, including all furnishings, encroach the sidewalk beyond the
four-foot area.
(3)
Furnishings within the cafe service area shall consist solely
of movable tables and chairs. Furnishing must be kept in a state of
good repair and in a clean and safe condition at all times.
(4)
Outdoor heaters, busing stations, trash receptacles, food preparation
stations and music shall not be permitted within the cafe service
area.
(5)
All tables, chairs and other decorative accessories shall be
constructed and set up in such a manner as to be easily removed when
the establishment of which it is part is not open.
(6)
A sidewalk cafe may operate only between the hours of 7:00 a.m.
and 10:00 p.m.
(7)
The license, once issued, shall expire on November 2.
(8)
No food may be stored, cooked or otherwise prepared in the cafe
service area.
(9)
The cafe service area shall not obstruct any fire exit, fire
escape or other required means of ingress and egress for a building.
(10)
The cafe service area shall be maintained at all times with
furnishing kept in a state of good repair and in a clean and safe
condition at all times. The cafe service area shall be kept clean
and free of refuse and litter and shall be washed.
(11)
No modifications shall be made to Village property without approval
of the Director of Public Works.
(12)
The cafe service area shall be kept clean and free of refuse
and litter and shall be washed as necessary. The cafe operator shall
not utilize public trash containers for disposal of food waste and
other refuse resulting from the establishment.
(13)
The cafe service area shall be at the same elevation as the
public sidewalk. Paint, carpeting, artificial turf, platforms or other
surfaces of any kind shall not be permitted at any time within the
cafe service area.
(14)
The operator of a cafe service area shall provide a certificate
of insurance for liquor and general liability with minimum coverage
of $1,000,000 combined single limit per occurrence for bodily injury
and property damage. The Village shall be named as an additional party
insured by appropriate endorsement. The endorsement shall be primary
and noncontributory coverage. The operator of a sidewalk cafe shall
execute a hold harmless/indemnity agreement in favor of the Village
on forms as provided by the Village. The Village shall receive no
less than 30 days' prior written notice in the event of cancellation.
B.
Outdoor dining service areas. All restaurants within the Village
shall be permitted annually to provide food service in specific outdoor
areas as hereinafter provided subject to the following:
(1)
The outdoor service shall be provided (the "service area") on
property owned by the restauranteur, leased to the restauranteur or
licensed to the restauranteur.
(2)
The Mayor may annually grant a license to a restauranteur operating
a restaurant within the Village for the use of any Village-owned property
or thoroughfare under its jurisdiction as approved by the Building
and Zoning Administrator and Director of Public Works, subject to
the limitations of this section, but only to the extent such property
is not required by the Village for its use or the use of the public.
Any license issued to operate an outdoor dining service area shall
be for a term commencing April 15 and terminating November 1. A license
granted by the Mayor may be suspended or revoked due to a public event,
construction, emergency or failure to conform to the requirements
of this section.
(3)
The licensed restauranteur shall take all measures, as deemed
necessary, not to interfere with the operations of adjacent businesses,
and the licensee shall provide for the safety of its customers.
(4)
The operation of the service area shall operate only between
the hours of 7:00 a.m. and 10:00 p.m.
(5)
The license, once issued, shall expire on November 2.
(6)
The service area shall be maintained at all times with furnishing
kept in a state of good repair and in a clean and safe condition at
all times. The outdoor service area shall be kept clean and free of
refuse and litter and shall be washed as necessary. The restaurant
shall not utilize public trash containers for disposal of food waste
and other refuse resulting from the establishment.
(8)
No food may be stored in the outdoor service area.
(9)
Busing stations are only permitted during the hours of operation
and must be removed on a daily basis.
(10)
Music is only permitted in conjunction with a special event
as permitted by the Village.
(11)
No modifications shall be made to Village property without approval
of the Director of Public Works.
(12)
The outdoor service area shall not obstruct any fire exit, fire
escape or other required means of ingress and egress for a building.
(13)
In no event shall the operations at the outdoor service area
interfere with the passage of pedestrian traffic or reduce the open
portion of the public or private sidewalk to less than five feet.
This open portion shall be free of any obstruction, such as but not
limited to trees, light poles, mailboxes, fire hydrants and utility
equipment. Under no circumstances will the outdoor service area be
cordoned off from the remainder of the sidewalk through use of fencing,
stanchions, ropes, railings and/or other obstructions.
(14)
Temporary signage may be approved by the Village Manager only
to the extent needed to assist the public, and required parking may
be reduced upon application to the Building and Zoning Administrator
and approval thereof.
(15)
The operator of an outdoor service area shall provide a certificate
of insurance for liquor and general liability with minimum coverage
of $1,000,000 combined single limit per occurrence for bodily injury
and property damage. The Village shall be named as an additional party
insured by appropriate endorsement. The endorsement shall be primary
and noncontributory coverage. The operator of a sidewalk cafe shall
execute a hold harmless/indemnity agreement in favor of the Village
on forms as provided by the Village. The Village shall receive no
less than 30 days' prior written notice in the event of cancellation.
[Added 8-16-2010 by FMC-446; amended 5-20-2019 by FMC-2019-8]
A.
These sidewalk sales regulations are designed to permit sidewalk
sales accessory and incidental to lawfully existing businesses in
the B-5 Central Business District. Within this district sidewalk sales
may be located on public sidewalks immediately adjacent to lawfully
existing establishments and in locations where they shall be determined
to be appropriate by compliance with these standards and the issuance
of a license as provided herein.
B.
Standards for sidewalk sales.
(1)
Sidewalk sale display area shall be confined to an area immediately
adjacent to the building wall and extending up to a maximum of four
feet from said wall towards the curb. In no event shall the sale area,
including all furnishings, encroach the sidewalk beyond the four-foot
area.
(2)
Displays for sidewalk sales shall consist solely of movable
tables, shelves, racks and decorative accessories and must be kept
in a state of good repair and in a clean and safe condition at all
times.
(3)
No additional signage may be permitted in connection with the sidewalk sale. Small signs/placards containing pricing information not exceeding one square foot in size attached to or displayed upon the displays permitted by Subsection B(2) shall be exempt from this prohibition.
(4)
All merchandise and displays shall be constructed and set up
in such a manner as to be easily removed when the retail store is
not open for business. These items shall be removed from the public
sidewalk each evening prior to closure of the business.
(5)
A sidewalk sale may operate only between the hours of 7:00 a.m.
and 10:00 p.m.
(6)
A sidewalk sale may operate between April 15 and October 15.
(7)
The sidewalk sale shall not obstruct any fire exit, fire escape
or other required means of ingress and egress for a building.
(8)
In no event shall the operation of the sidewalk sale interfere
with the passage of pedestrian and/or vehicular traffic or reduce
the open portion of the sidewalk to less than five feet. This open
portion shall be free of any obstruction, such as but not limited
to trees, light poles, mailboxes, fire hydrants and utility equipment.
Under no circumstances will the sidewalk sale area be cordoned off
from the remainder of the public sidewalk through use of fencing,
stanchions, ropes, railings and/or other obstructions.
(9)
No modifications shall be made to Village property without approval
of the Director of Public Works.
(10)
The business operator shall ensure that the sidewalk area utilized
by or adjacent to the sidewalk sale shall be kept clean and free of
refuse and litter and shall be washed as necessary. The business operator
shall not utilize public trash containers for disposal of refuse resulting
from the sidewalk sale.
C.
Insurance; hold harmless; indemnity.
(1)
The operator of a sidewalk sale shall execute a hold harmless/indemnity
agreement in favor of the Village on forms as provided by the Village.
(2)
The operator of a sidewalk sale shall provide a certificate
of insurance for general liability with minimum coverage of $1,000,000,
combined single limit per occurrence for bodily injury and property
damage. The Village shall be named as an additional party insured
by appropriate endorsement.
D.
Application for license. An applicant for a sidewalk sales license
shall complete such application forms as may be provided from time
to time by the Building and Zoning Administrator and the Director
of Public Works. The license, once issued, shall expire on October
16.
E.
License issuance/suspension/revocation.
(1)
Compliance with all of the requirements of this § 245-1-20, a license for the operation of a sidewalk sale shall issue on such form as may be provided by the Village.
(2)
A license may be suspended or revoked by the Building and Zoning
Administrator and the Director of Public Works due to a public event,
construction, emergency, or a failure to conform to the requirements
of this section.
