[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]
ABUTTING SIDEWALK AREA
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.
SIDEWALK CAFE
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.
SIDEWALK DISPLAY
A display of merchandise or other items from a retail business within the abutting sidewalk area.
ACTIVITY AREA
Area in the abutting sidewalk area devoted to a sidewalk cafe or sidewalk display.
SIDEWALK
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.
[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.
[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.