[Ord. No. 2356,
Added, 4-15-2003; Ord. No. 2579, Amended, 3-20-2012; Ord. No. 2617, Amended, 6-4-2013; Ord. No. 2772, Amended, 2-6-2018]
That portion of the public sidewalk between the curb line,
or the lateral line of a roadway, and the property line of the business,
delineated by extending the side building lines of the premises until
they intersect with the curb or the lateral line of the roadway.
A business that abuts a sidewalk and provides tables, chairs,
or other forms of seating in the abutting sidewalk area for customers
to consume food or beverage sales items prepared or sold by the business.
A display of merchandise or other items from a retail business
within the abutting sidewalk area.
Area in the abutting sidewalk area devoted to a sidewalk
cafe or sidewalk display.
Sidewalk includes all forms of public pedestrian right-of-way,
e.g., sidewalk, public plaza, pathway.
[Ord. No. 2356,
Added, 4-15-2003; Ord. No. 2617, Amended, 6-4-2013; Ord. No. 2772, Amended, 2-6-2018]
It shall be unlawful for any person
to operate a sidewalk cafe or sidewalk display on any sidewalk within
the City except as provided by this article.
Notwithstanding the provisions of
this article, the City Manager may declare that the use of the public
sidewalk abutting any property for purposes permitted under this article
is not in the public interest due to the specific circumstances of
the sidewalk. The declaration may be for a specific period of time
or until further notice by the City Manager. Upon written notice of
such declaration, the right to use the public sidewalk under this
article shall cease. The City Manager may record such notice in the
official records of the County Clerk in which the sidewalk and abutting
property are located.
[Repealed by Ord. No. 2772, 2-6-2018]
[Repealed by Ord. No. 2772, 2-6-2018]
[Ord. No. 2356,
Added, 4-15-2003; Ord. No. 2617, Amended, 6-4-2013; Ord. No. 2772, Amended, 2-6-2018; Ord. No. 2811, Amended, 1-2-2019; Ord. No. 2890, Amended, 3-17-2022]
1.
A sidewalk cafe may be located only in
the following zones: NC, GC, HC, EC, MC, WLG OC, CR&D, or FMU.
A sidewalk display may be located only in the following commercial
zones: NC, GC, EC, or FMU.
2.
Permitted items placed in the sidewalk
shall be located so as to preserve a clear, continuous pedestrian
path of not less than five ft. in width outside the activity; provided,
that the City Manager shall require a pedestrian path of more than
five ft. if necessary to protect public safety or convenience, or
in areas of high pedestrian activity. The width of the pedestrian
path shall be measured at the narrowest point of the sidewalk between
the edge of the activity area and back of curb, or any permanent or
semi-permanent obstruction. The edge of any activity area shall not
be closer than two ft. from the curb. Notice of the requirement of
a pedestrian path of more than five ft. shall be given in writing,
and the City Manager may record such notice in the official records
of the County Clerk in which the sidewalk and abutting property are
located.
3.
No activity area shall be located:
a.
Within ten ft. of the entry to a
driveway or alley used for vehicle access;
b.
Within ten ft. of a street corner;
c.
Within six ft. of a disabled person
parking space;
d.
In areas abutting bus loading or
unloading areas, or in any area that, in the City Manager’s
determination, obstructs free access to transit;
e.
In any area determined by the City
Manager to be necessary to provide appropriate vision clearance for
vehicles.
4.
The activity area may only occupy the length
of sidewalk abutting the operator’s business.
5.
The floor of the activity area shall be
maintained at the same level as the sidewalk, and no alterations to
the sidewalk or coverings on the sidewalk shall be installed unless
approved by the City Manager.
6.
Materials for furnishings including tables
and chairs shall consist of wrought iron, nonreflective steel, natural
stained or painted (white, black, dark brown, dark green or gray-blue)
wood, glass, or other materials and colors similar in appearance and
durability.
7.
Any sidewalk cafe barriers shall meet the
following standards:
a.
Barriers shall complement the building
facade, as well as any street furniture or landscaping.
b.
Barriers shall be constructed so
as to be somewhat transparent (e.g., wrought iron), and so as to withstand
inclement weather.
c.
Barriers shall be capable of being
removed through the use of recessed sleeves and posts, or by wheels
that can be locked into place, or by weighted bases.
d.
No barrier shall exceed three ft.
six in. in height.
e.
Barriers shall serve only to define
the seating area.
f.
Barriers shall be removed at the
end of each business day unless otherwise approved by the City Engineer.
8.
A person operating a sidewalk cafe or sidewalk
display shall ensure that patrons and employees do not create a public
safety concern, obstruct the sidewalk, or disturb persons using the
sidewalk, or those on adjacent properties, by loud, boisterous and
unreasonable noise or disruptive behavior.
9.
Sidewalk display items must be removed
nightly and cannot extend above the height of the primary entrance
of the operator’s business.
10.
Except for those items that produce
amplified music or entertainment, items that emit sound, flash, or
that rely on electricity, batteries, motors or generators for movement
are not permitted in the activity area.
11.
Upon termination of a sidewalk cafe
or sidewalk display, all furniture, equipment and other items placed
on the sidewalk pursuant to the operation of the sidewalk cafe or
sidewalk display shall immediately be removed and the sidewalk returned
to its original condition.
12.
In the event that the person operating
the sidewalk cafe or sidewalk display fails to comply with any provision
of this article, the City Manager may summarily abate the noncompliance
and the person shall pay the City all costs incurred in relation to
such abatement.
13.
By operating a sidewalk cafe or sidewalk
display, the operator agrees to and shall indemnify, defend, and hold
the City of Lake Oswego, its officers and employees harmless from
any and all claims or causes of action arising out of or relating
to the operator’s use of the public sidewalk.
[Repealed by Ord. No. 2772, 2-6-2018]
[Repealed by Ord. No. 2772, 2-6-2018]
[Repealed by Ord. No. 2772, 2-6-2018]
[Ord. No. 2356,
Added, 4-15-2003; Ord. No. 2617, Amended, 6-4-2013; Ord. No. 2772, Amended, 2-6-2018]
Violation of any provision of this article shall be a civil violation as defined in LOC Article 34.04 and shall be punishable by a fine as set forth in that article.
[Ord. No. 2356,
Added, 4-15-2003; Ord. No. 2617, Amended, 6-4-2013; Ord. No. 2772, Amended, 2-6-2018]
No sidewalk cafe permittee or sidewalk
display operator shall obtain any vested right or property right in
the continued private commercial use of the public sidewalk by virtue
of the provisions of this article.
