[Adopted 10-4-2021 by Ord. No. 707]
A. 
No sidewalk within the confines of Honesdale Borough, from at or about Fourth Street to and through High Street, shall be used for any commercial enterprise, business or activity without securing a permit from Honesdale Borough.
B. 
Application for a sidewalk use permit shall be secured from the Borough Code Enforcement Officer on a form approved by Borough Council.
C. 
Any application form shall be completed in its entirety and returned to the Borough Code Enforcement Officer for review and approval.
D. 
The application shall be submitted with a fee as established by the Borough in its most current Fee Schedule.
E. 
Nothing herein is intended to preclude the use of awnings or canopies covering the sidewalk area in front of any establishment; however, any such sidewalk covering shall be approved by the enforcement officer, shall only serve as a cover of the sidewalk area from the elements, shall not preclude full and complete access to the street and parking meters and shall comply in every way with the provisions of this article.
A. 
Any sidewalk use approved by the Borough shall allow and provide for no less than a four-foot clear sidewalk walkway extending from the curb at the edge of the street back toward the premises.
B. 
The four-foot clear sidewalk walkway shall be measured perpendicular from the curb at the street line.
C. 
In the event that landscaping materials, trees, shrubs or any other such potential pedestrian obstacle may exist at a sidewalk area adjacent to the curbline, the required four-foot clear sidewalk walkway shall be measured from any such obstacle toward to the front of the establishment.
D. 
This obstruction-free clear sidewalk walkway area shall remain free of tables, chairs, stools, benches, guy wires, poles, stays, electric lines, extension cords, landscaping materials, retail items, retail racks, cooking apparatus, light fixtures, portable heaters or any similar items and any and all other instrumentalities which may impede full and complete pedestrian access through this clear sidewalk walkway.
E. 
No obstructions of any kind shall be permitted in this clear sidewalk walkway.
A. 
Retail items may be displayed on racks with rollers. However, no such racks or similar display schemes shall be permitted in the clear sidewalk walkway.
B. 
Any such displays shall be removed nightly from the entire sidewalk area.
C. 
Exceptions and exclusions will be during Council-approved events, i.e., GHP-sponsored events, parades or other festivals.
A. 
No food or beverage service establishments and/or their business paraphernalia, equipment or similar aspects of these businesses shall encroach into the clear sidewalk walkway.
B. 
Food and beverage service establishments may augment their interior services with outdoor service areas designed for seating and dining upon application and approval of the Borough.
C. 
No such outdoor service areas shall encroach into the clear sidewalk area.
D. 
In the event that any such food and/or beverage establishments are licensed by any state or federal agency (e.g., the Pennsylvania Liquor Control Board) and those restrictions, rules and or regulations are more restrictive than the regulations herein, the more restrictive regulations shall control.
Any Greater Honesdale Partnership (GHP) sponsored event or events, including, but not limited to, sidewalk sales, Honesdale for the Holidays, Fall Festival or similar functions, are hereby exempt from the provisions herein, provided that the GHP has secured any and all necessary permits for the GHP-sponsored event(s).
Any and all other provisions of Chapter 179 of the Code unaffected by this amendment shall remain in full force and effect.
This article shall become effective five days after the adoption thereof.