[HISTORY: Adopted by the Mayor and City Council of the City of Havre de Grace 11-3-2025 by Ord. No. 1210. Amendments noted where applicable.]
A. 
This chapter shall be known as the "Sidewalk Policy." The provisions of this chapter apply exclusively to all public sidewalks located within the 100 and 200 blocks of North Washington Street. The purpose is to regulate sidewalk use to ensure the health, safety, and welfare of the community by maintaining clear and accessible pedestrian walkways while also allowing for limited commercial activity. The use of public sidewalks for commercial activity, as outlined in this chapter, is a special privilege granted by the City and is subject to the regulations herein.
B. 
If a conflict between Chapter 150 and other city code statutes exists, Chapter 150 shall prevail.
To ensure clear passage, all sidewalks within the designated area shall be divided into three distinct zones, measured from the street-side edge of the main, undeviating linear curb. Where the curb is deviated to accommodate stormwater management, landscaping or other obstacles, the zones shall be aligned with the adjoining zones along the main curb. The placement of all items is restricted to the portion of the sidewalk directly in front of the business owner's property and extending no further than the boundary line of the property.
A. 
Zone 1: Commerce Zone. This zone is for the placement of outdoor furniture, tables, chairs, items for sale, signs, and decorative items. Items must be placed at least 11 feet from the curb.
B. 
Zone 2: Pedestrian Corridor Zone. This is the primary pedestrian walkway and must remain clear and unobstructed at all times. This zone extends from five feet to 11 feet from the curb. No items are permitted in this zone.
C. 
Zone 3: Signage Zone. This zone is for the placement of no more than one temporary sign per business which promotes the business and is placed directly in front of the business owner's area of sidewalk. Examples include an A-frame or sandwich board sign. The item must be placed at least three feet from the curb but no more than five feet from the curb and shall not be greater than four feet in height. Furniture and items for sale are prohibited in this zone.
A. 
Use and occupancy permit required: Only businesses that hold a valid use and occupancy permit issued by the City of Havre de Grace for a physical building location are permitted to utilize the sidewalks as regulated by this chapter.
B. 
Business hours: Signs placed on the sidewalk within Zone 3 may only be present during a business's operational hours. They must be removed from the sidewalk when the business is closed.
C. 
Emergency removal: The City, by order of the Mayor, may require the temporary removal of all items including signs from the sidewalk to preserve the public health, safety, and/or welfare. Business owners who fail to comply with the order of the Mayor shall have their items removed and stored by the City at the business owner's expense.
A. 
The Director of Planning, with the consent of the Director of Public Works, may grant a variance from strict application of this chapter if the sidewalk in front of the business is less than 11 feet wide, as measured from the curb to the closest portion of the building and the Directors determine that the public health, safety and/or welfare is not adversely affected by the granting of such variance.
B. 
The City shall review variance applications on a case-by-case basis to determine appropriate accommodations while still maintaining a safe and accessible pedestrian corridor zone.
A. 
Any violation of this chapter may result in a civil citation and/or monetary fines, issued by the City's Department of Planning.
B. 
The City may remove non-compliant items without prior notice upon issuance of an order by the Mayor that emergency removal is warranted to protect the public health, safety and/or welfare.
C. 
For violations of this policy, the City shall have the authority to abate and remove all items from the sidewalk in violation of this policy after written notice is given and the business owner fails to remove the items within 12 hours.
D. 
Violation and penalty schedule:
(1) 
First violation: Written warning.
(2) 
Second violation within the preceding 12 months: An increased civil fine of $150.
(3) 
Third violation within the preceding 12 months: Revocation of the special privilege to use the sidewalk and a fine of $150.
Any business owner placing items and/or signs on the sidewalk under this chapter agrees to indemnify, defend, and hold harmless the City of Havre de Grace, its officials, employees, and agents from any claims arising from the placement, use, or maintenance of said items and/or signs.
If any provision of this chapter is held invalid, the invalidity shall not affect other provisions or applications which can be given effect without the invalid provision.