No person shall pile, deposit or place or cause
or permit to be deposited, piled or placed any rubbish, wood or coal,
merchandise, dirt, impediment or obstruction of any kind upon or over
any sidewalk or so occupy or obstruct any sidewalk as to interfere
with the convenient use of the same by pedestrians.
No person shall erect, set up or maintain any
portico, platform or doorstep extending into any street, town way
or sidewalk.
No person shall erect, construct, maintain or
keep any cellar door or passageway into any cellar, basement or excavation
of any kind extending into or occupying part of any street, town way,
sidewalk or public passageway unless such doorway, passageway or excavation
is kept covered with a suitable and substantial plank covering or
grate, level with the sidewalk or street.
[Added 5-9-2000]
A.
Sidewalk seating appurtenant and contiguous to a restaurant
facility pursuant to this section shall be permitted, on a temporary
basis, between April 1 and October 31 each year.
B.
Sidewalk seating shall be temporary in nature and
designed so that the entire seating area and its appurtenances, including
but not limited to chairs, tables, fencing, bollards and planters,
can be easily removed during periods of nonuse. The City reserves
the right to require the user to remove the sidewalk seating if and
when it determines it to be necessary, for any reason and at any time.
C.
Sidewalk seating must be appurtenant and contiguous
to the main restaurant facility and may not extend beyond the frontage
face of the restaurant. To provide safe, adequate circulation for
patrons and pedestrians on the sidewalk, at least four feet of sidewalk
shall be available at all times.
D.
To prevent additional encroachment onto public space
and to contain the sale of alcohol within the sidewalk seating area,
the area must be separated from the pedestrian walk space with a nonmovable
system of enclosure, such as decorative fencing with removable bollards.
E.
No portion of the sidewalk seating may be used for
any purpose other than dining or circulation. Restaurants with sidewalk
seating areas must serve food. No one shall be seated in a sidewalk
seating area for the sole purpose of drinking alcohol. The hours of
operation of those establishments licensed to sell alcoholic beverages
shall be determined by the License Commission of the City of Lowell
and will be incorporated into the license agreement for the use of
the sidewalk.
F.
All sidewalk seating areas must comply with all applicable
federal, state and local laws and regulations, including the Americans
with Disabilities Act.
G.
The Division of Planning and Development shall have
aesthetic review responsibility for seating enclosures, tables, chairs,
and accessories and may establish standards for the same.
H.
The user who applies for a sidewalk seating area license
shall bear all financial responsibility for any and all improvements
necessary to the public space, both within and surrounding the sidewalk
seating area. A license agreement between the user and the City shall
be required. The agreement shall address liability, maintenance and
trash removal issues, any fee as determined by the City and shall
provide a hold harmless and indemnification provision protecting the
City from liability in the sidewalk seating license area.
I.
In the event that there is an underground vault below
the space where the proposed sidewalk seating area will be placed,
the user shall notify the City Engineer, whose approval must be obtained
after a determination is made regarding the risks associated with
the proposed sidewalk seating area.
J.
The user's ability to operate a sidewalk seating area
shall be conditioned upon the user's obtaining and maintaining liability
insurance for the period covered by the license in at least the amount
of $500,000 combined limit for bodily injury and property damage.
K.
The City of Lowell reserves the right to terminate
a license agreement for a sidewalk seating area at any time.
[Added 1-6-2015]
A.
Sidewalk signs and/or sandwich boards pursuant to this section shall
be permitted, on a yearly basis.
B.
Sidewalk signs and/or sandwich boards shall be temporary in nature
and designed so that the sidewalk signs and/or sandwich boards can
be easily removed during periods of nonuse. The City reserves the
right to require the user to remove the sidewalk signs and/or sandwich
boards if and when it determines it to be necessary, for any reason
and at any time. During winter months, sidewalk signs shall not be
permitted during or after a snowstorm unless and until the sidewalk
has been cleared of all snow, ice or slush.
C.
Only establishments situated at the ground floor of a building and/or
at street level are permitted to have a sidewalk sign and/or sandwich
board.
D.
The sidewalk sign and/or sandwich board for the establishment shall
conform to the following requirements:
(1)
The sidewalk sign and/or sandwich board shall consist of one
double-sided A-frame that shall not exceed 24 inches in width and
42 inches in height.
(2)
The sidewalk sign and/or sandwich board must be freestanding
and cannot be anchored to the sidewalk or be chained or otherwise
attached to the establishment, building, pole, post, tree, bench,
or other sidewalk feature or streetscape element.
(3)
The sidewalk sign and/or sandwich board must have a wood or
metal frame. Metal angle tent frames with inserts are also allowed.
(4)
The sidewalk sign and/or sandwich board shall have black or
white dry erase or chalkboard panels.
(5)
The sidewalk sign and/or sandwich board may have a permanent
application or etching of the business name on the top of the panel
on both sides.
(6)
The sidewalk sign and/or sandwich board may be individually
illuminated by an external light.
E.
Sidewalk signs and/or sandwich boards shall not encroach within the
minimum width of walkways as established in 521 CMR 22.2 (Architectural
Access Board Regulations). To provide safe, adequate circulation for
patrons and pedestrians on the sidewalk, the width of walkways that
will allow an unobstructed flow of pedestrians shall at all times
not be less than 48 inches, excluding curb stones. Path obstructions
include parking meters, traffic signs, light poles, benches, and trees
with or without grates and guards.
F.
Sidewalk signs and/or sandwich boards may not extend beyond the frontage
face of the facility, and the nearest part of the sign cannot be more
than two feet from the wall of the building.
G.
Sidewalk signs and/or sandwich boards shall be displayed only during
the establishment's hours of operation. The establishment must
promptly secure the sidewalk sign and/or sandwich board when not in
use or after the establishment's hours of operation.
H.
The Division of Development Services and the Lowell Police Department
shall be the enforcing agents for the City of Lowell for the sidewalk
signs and/or sandwich boards.
I.
No portion of the sidewalk may be used for any purpose other than
the sidewalk signs and/or sandwich boards except for the use of an
approved sidewalk seating license agreement.
J.
All sidewalk signs and/or sandwich board placement must comply with
all applicable federal, state and local laws and regulations, including
the Americans with Disabilities Act.
K.
The Division of Development Services shall have aesthetic review
responsibility for sidewalk signs and/or sandwich boards and may establish
standards for same.
L.
The user who applies for a sidewalk sign and/or sandwich board license
shall bear all financial responsibility for any and all improvements
necessary to the public space, both within and surrounding the licensed
area. A license agreement between the user and the City shall be required.
The agreement shall address liability, maintenance, hours and days
of use, a permit, a yearly expiration, design, size and material approval
as well as any other details and requirements as determined by the
City and shall provide a hold harmless and indemnification provision
protecting the City from liability in the sidewalk sign and/or sandwich
board area.
M.
In the event that there is an underground vault below the space where
the proposed sidewalk sign and/or sandwich board will be placed, the
user shall notify the City Engineer, whose approval must be obtained
after a determination is made regarding the risks associated with
the proposed sidewalk sign and/or sandwich board.
N.
The user's ability to operate a sidewalk sign and/or sandwich
board shall be conditioned upon the user's obtaining and maintaining
liability insurance for the period covered by the license. Any person
erecting a sidewalk sign and/or sandwich board shall indemnify and
hold harmless the City of Lowell and its officers, agents, and employees
from any claim arising out of the presence of the sidewalk sign and/or
sandwich board on a public way.
O.
Sidewalk signs and/or sandwich board signs shall only be allowed
in the following zoning districts: Neighborhood Business (NB), Downtown
Mixed-Use (DMU), Traditional Mixed-Use (TMU) and Urban Mixed-Use (UMU).
P.
The City Manager, or his designee, is authorized to issue licenses
for sidewalk signs and/or sandwich boards pursuant to these regulations.
The City of Lowell reserves the right to terminate a license agreement
for a sidewalk sign and/or sandwich board at any time.
[Added 6-9-2015[1]]
A.
COMMERCIAL RECEPTACLE
NEWSRACK
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any type of unmanned device used in furtherance of a business,
including but not limited to the receiving of items for shipment or
other processing.
Any type of unmanned device for the vending or free distribution
of newspapers, periodicals or printed material of whatever nature.
B.
It shall be unlawful for any person to place on any publicly owned
property within the corporate limits of the City, any newsrack or
commercial receptacle without first obtaining a license for the location
of same in compliance with the provisions of this chapter.
C.
Applicants for a license under this chapter must file with Department
of Developmental Services ("DDS") an application in writing, in duplicate,
on a form to be furnished by the DDS, which shall give the following
information:
(1)
Information on the person responsible for the operation of the
newsrack or commercial receptacle; said information must contain the
name, street address, city or town, state, zip code and telephone
number of the person responsible for its maintenance;
(2)
Proposed location and size of the newsrack or commercial receptacle.
The location must be described in detail and include: the side of
the street or corner on which the device will be placed, the number
of feet the device will be from curbs, crosswalks, fire hydrants,
street lights, trash receptacles, traffic signal equipment, bike racks,
bus stops and mail boxes within a twenty-foot radius of the newsrack
or commercial receptacle;
(3)
If more than one location is being applied for, the application
must contain a description for each proposed location;
(4)
A signed statement holding the City harmless for any damage
to the newsrack(s) or commercial receptacle(s) as the result of routine
City maintenance, including but not limited to snow plowing and street
cleaning, or as the result of reasonable enforcement of these provisions;
D.
Requirements for licensing of newsracks or commercial receptacles
shall be as follows:
(1)
The newsrack or commercial receptacle must not occupy an area
greater than nine square feet, nor be more than 52 inches tall;
(2)
The placement of the newsrack or commercial receptacle must
not result in less than four feet of pedestrian traffic width on the
sidewalk;
(3)
The placement of the newsrack or commercial receptacle shall
not be less than four feet from any road surface, fire hydrant, U.S.
postal receptacle or handicapped person access ramp;
(4)
The newsrack or commercial receptacle shall be well maintained
and shall have no sharp edges or corners which would be likely to
cause personal injury;
(5)
The newsrack or commercial receptacle must display information
regarding the person responsible for the operation of the device;
said information must contain the name, street address, city or town,
state and zip code and telephone number of the person responsible
for its maintenance. On a newsrack, this information must be placed
on the device on the same side and as near as practical to any coin-receiving
element; or on a device with no coin-receiving element, the required
information shall be on the main display panel. On a commercial receptacle,
this information must be displayed near the receiving compartment.
(6)
The applicant shall obtain and maintain general liability insurance
for the period covered by the license.
E.
For every license granted under this chapter there shall be paid
to the Department of Developmental Services a fee as set by said Department.
F.
The Department of Developmental Services ("DDS") shall, upon written application and payment of any required fees, issue a license for the location of the installation and operation of a newsrack or commercial receptacle, provided that the applicant submits evidence of compliance with the requirements of Subsection D.
G.
Proposed locations shall be approved on a first come, first serve
basis by the DDS. No preference shall be given to applicants who might
have had newsracks or commercial receptacles in a particular location
prior to the effective date of this section. No applicant shall be
approved for more than one newsrack or commercial receptacle at any
particular location.
H.
If an application for a newsrack or commercial receptacle is denied,
the DDS shall issue a written statement of denial, stating the specific
reasons for denial. The applicant may reapply once, per proposed location,
for a substitute alternative location without having to pay an additional
application fee.
I.
The DDS shall issue with every license for a newsrack or commercial
receptacle a decal which shall contain the license number and the
license expiration date. Said decal must be affixed to the device
in such a manner as to make the decal visible from the nearest street
or public way.
J.
Any newsrack or commercial receptacle found on any publicly owned
property within the corporate limits of the City without a valid decal
may be removed and stored by the City. The City shall notify the operator
listed on the license of the removal.
K.
A newsrack shall be deemed abandoned if no printed material is found
in the newsrack for a period of more than 15 consecutive days. In
the event a device is determined to be abandoned, the City shall remove
it and notify the operator listed on the license.
L.
The owner of a removed device may reclaim the device from the City
upon payment of reasonable removal and storage fees, as determined
by the DDS. Any device removed by the City will be stored for up to
30 days, after which time it will be considered the property of the
City to dispose of as it sees fit.
M.
Failure of the operator to retrieve a newsrack within the specified
thirty-day period shall not operate to dismiss any fees owed to the
City for removal and storage of such newsrack. Unpaid fees accrued
pursuant to this section shall be considered a debt payable to the
City.
N.
All licenses issued under the provisions of this chapter/section
shall be valid for a period of one year from the date of issue. The
fee for each renewal license shall be as provided by the DDS.
