[Amended 5-13-2008]
A.
No person shall dump, place or allow to remain upon any street or highway any material, object or obstruction of any kind without first obtaining a permit from the Director of Public Works. In issuing such permit, the Director may impose such restrictions as deemed necessary.
B.
Outdoor dining areas.
[Amended 4-11-2023]
(1)
The Director of Public Works may permit outdoor dining areas associated with established restaurants within the public right-of-way on an annual basis subject to the following limitations:
(a)
Site plan approval must also be obtained in accord with the requirements of West Hartford Code of Ordinances § 177-37.2. In addition to the requirements of that section, outdoor dining areas located within the public street right-of-way must also meet the following criteria:
[1]
A hard-surfaced pedestrian path not less than six feet in width and free of all obstructions shall be provided, running parallel to the street so as to provide an uninterrupted pedestrian walkway along the full length of the parcel of property upon which the outdoor dining area is located.
[2]
Outdoor dining areas shall be located only in the area abutting where the restaurant is located.
[3]
Outdoor dining areas shall not be permitted within five feet of a crosswalk or driveway.
[4]
The boundaries of the approved outdoor dining area shall be marked in a permanent fashion approved by the Director of Public Works.
[5]
Fencing which surrounds the dining area shall be sturdy and shall be designed to minimize unintended movement or tipping.
[6]
The Fire Marshal shall approve the location of the proposed outdoor dining areas.
[7]
The Director of Public Works may impose additional restrictions upon proposed outdoor dining areas as necessary, in his discretion, to address site-specific safety issues.
[8]
The Director of Public Works may develop design guidelines for outdoor dining areas in the public right-of-way.
[9]
The Town Council, by resolution, may establish a fee schedule for any outdoor dining area in the public right-of-way.
(b)
The proprietor of the restaurant must provide the Town with proof that it maintains insurance which names the Town of West Hartford as an additional insured in such types and amounts as the Director of Public Works may determine to be adequate.
(c)
Any damage done to the public right-of-way by the permittee or by its patrons shall be repaired promptly. A cash bond in an amount to be determined by the Director of Public Works, but not to exceed $2,500, shall be posted by the permittee and retained by the Town to secure this obligation.
(2)
In the event that a permittee violates any of the requirements of this subsection, the permit issued pursuant to this subsection may be revoked immediately, subject to reinstatement upon proof of full compliance with the requirements of this subsection. Permits issued pursuant to this subsection may be suspended temporarily in the event that the Town Manager, Director of Public Works or Director of Community Development determines that such suspension is required by the public interest.