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; amended 3-26-2024]
A.
It shall be unlawful for any person to place installations for food
and retail business on sidewalks or parking spaces appurtenant and
contiguous to said person's restaurant or retail facility without
first obtaining an outdoor restaurant and retail ("ORR") permit in
compliance with the provisions of this section.
B.
Such an ORR permit shall allow outdoor restaurant and retail areas
between April 1 and November 30 annually. The period of time may be
extended at the discretion of the City Manager.
C.
Applicants for an ORR permit under this chapter must file with the
Department of Developmental Services (DDS) an application in writing,
on a form to be furnished by the DDS, which shall give the following
information:
(1)
A neatly drawn, scaled site plan depicting the precise area of the
proposed outdoor dining or retail area, the arrangement of outdoor
furniture, perimeter fencing, umbrellas, outdoor heaters, and any
other equipment that is required, photographs of any proposed furniture,
and areas designated for picking up take-out food;
(2)
A certification that all current property taxes due on the applicant's
licensed premises are paid if the property is owned by the applicant;
(3)
An agreement to permit the City to periodically verify the accuracy
of information contained in the application and an agreement to provide
information requested to verify the accuracy of the information and
the certifications contained in the application.
D.
Requirements for licensing of ORR permits under this chapter shall
be as follows:
(1)
All services and customer activity must occur within the designated
outdoor dining or retail area;
(2)
Patrons must always wear shoes and shirts;
(3)
Smoking is prohibited in all outdoor dining and retail areas;
(4)
All outdoor installations must maintain at least one opening for
ingress and egress;
(5)
All outdoor installations shall abide by all requirements of the
currently adopted International Building Code;
(6)
All outdoor installations shall abide by all applicable federal,
state and local laws and regulations, including but not limited to
the Americans with Disabilities Act;
(7)
To the extent applicable, outdoor installations must adhere to all
regulations pertaining to food and beverage enforced by the Board
of Health and License Commission. Outdoor food preparation is not
allowed unless specifically authorized by the Health Department. Approval
of an outdoor dining area shall not be construed as approval for the
alteration or extension of the premises where alcoholic beverages
are served. The serving or consumption of alcohol outside the premises
of a duly licensed establishment to serve alcohol must be approved
by the License Commission on a case-by-case basis. Establishments
with alcohol licenses may submit an additional request for a temporarily
amended alcohol license to the License Commission. The only change
permitted is to the description of the premises providing that alcohol
may be served in outdoor seating that was added or re-configured pursuant
to this section;
(8)
All areas within and surrounding an outdoor dining or retail area
must be maintained in a clean, neat, and sanitary condition;
(9)
In no event shall the overall number of seated customers exceed the
number of seats available; and
(10)
Outdoor installations proposed for a private parking lot shall
not occupy more than 50% of the parking in the private lot.
E.
The permit holder is responsible for proper supervision of the outdoor
dining or retail area to ensure the requirements of this chapter are
met.
F.
For every ORR permit granted under this chapter there shall be paid
to the DDS a fee set by said Department.
G.
The DDS shall have aesthetic review responsibility for seating enclosures,
tables, chairs, and accessories and may establish standards for the
same.
H.
The Department of Developmental Services (DDS) shall, upon written
application and payment of any required fees, review said applications
and use their discretion to notify appropriate departments including
but not limited to the License Commission, Economic Development, Historic
Board, and Health Department of the application. The DDS shall also
refer the application to the Department of Public Works for the Fire
Department of the application contains elements that warrant their
review, including but not limited to parklet barriers, accessible
ramps, or outdoor heaters. If the outdoor seating plan is approved
by each of the aforementioned departments, each said department shall
forward said approval to the DDS for administrative approval. If the
application for the ORR permit involves the installation of outdoor
dining or retail areas in public parking spaces, the DDS shall forward
the application to the City Council for their review.
I.
Provided that the applicant submits evidence of compliance with the
requirements of this chapter, the DDS shall issue an ORR permit. Upon
approval of an ORR permit, the owner and operator of the business
and DDS shall sign the permit. Once the DDS provides an ORR permit,
the permit holder shall abide by the following additional requirements:
(1)
No person or entity shall cause to be placed within the City's
public ways any furniture without applying for a permit to the DDS
and receiving approval from the City. Such a permit shall be considered
separate and distinct from other permits and licenses issued by the
City, including those for a common victualler license;
(2)
The location of the outdoor dining or retail installation must be
directly in front of the business operating the installation and may
not extend beyond the side property lines;
(3)
Tables, chairs, benches, food equipment shall be located so that
they do not impede, endanger, or interfere with pedestrian traffic,
with a minimum width of four feet of unobstructed passage for pedestrian
traffic. The permit holder may, with prior approval from the DDS and
the Department of Public Works (DPW), erect temporary barriers on
the street to allow for the passage of pedestrians around the portion
of sidewalks devoted to outdoor dining or retail, provided said temporary
barriers are in compliance with all applicable federal, state and
local laws and regulations, including but not limited to the Americans
with Disabilities Act;
(4)
No installation of furniture or other infrastructure shall be affixed,
erected, installed, placed, used, or maintained within five feet of
any marked or unmarked crosswalk or handicapped ramp; or within five
feet of any fire hydrant, fire lane, call box, or bus stop;
(5)
Unlicensed furniture within the public ways of the City will be subject
to removal with the cost thereof to be borne entirely by the owner.
Fines may be imposed by the City Council not to exceed $300 per day
for removal, storage, or destruction;
(6)
No fixtures or devices on which food or beverages are sold or consumed
shall be attached to the sidewalk or other public area. The property
owner is responsible for the restoration of the sidewalk or public
right-of-way if any damage is caused by any such fixtures or devices
attached;
(7)
Lighting for outdoor installations is subject to approval during
the permitting process. Tabletop lighting may include candles and
battery-operated fixtures. Seating capacity may not exceed the maximum
number of allowed seats per accessible room according to the Massachusetts
State Building Code; and
(8)
Physical barricades surrounding sidewalk dining or retail are required.
Appropriate perimeter materials include but are not limited to demountable
wrought-iron fences, wood or terra cotta planters, or other fencing
deemed acceptable by the DDS. The public sidewalk or street may not
be damaged by the installation of any perimeter treatment. Cafe umbrellas
and furniture should be of a design appropriate to the character of
the building. Trash receptacles are the responsibility of the applicant
to empty and maintain and should be integrated in the design and materials
with other outdoor cafe elements.
J.
Insurance required. The permit holder shall carry the following forms
of insurance:
(1)
Workers' compensation insurance for all employees and those
of its contractors and/or subcontractors engaged in work at the outdoor
dining or retail installation, in accordance with the Commonwealth
of Massachusetts' workers' compensation laws;
(2)
Comprehensive public liability and property damage liability insurance
with limits hereinafter set forth to cover the permit holder and its
contractors and/or subcontractors against claims due to accidents
which may occur or result from operations regarding outdoor dining
or retail installation; and
(3)
Comprehensive public liability and property damage liability insurance
against all claims and demands for personal injury and property damage
with respect to the permitted outdoor facilities and services, with
limits of $1,000,000 for property damage, $1,000,000 for injury or
death to one person, and $2,000,000 for injury or death of more than
one person in a single accident.
(4)
If such limits are not commercially available at a reasonable cost
to the permit holder, such insurance may be maintained at such lower
limits that are commercially available at a reasonable cost; provided;
however, that the permit holder shall notify the DDS in advance of
the effective date of any such lower limits. The DDS shall name as
an additional insured in all policies for such insurance and the permit
holder shall furnish a certificate of insurance to the City prior
to commencing provision of the facilities and services authorized
under these regulations. Where such insurance is renewed or replaced
the business owner shall furnish the City with a certificate of insurance
evidencing the same.
K.
The DDS may revoke ORR permits for failure to maintain the standards
set forth in this chapter. Before such revocation, the DDS shall issue
a notice of intent to revoke an ORR permit, which shall be given seven
days' prior to actual revocation and shall specify the areas
of failure to meet requirements and maintain conditions the City may
have imposed. If, during that period, proof of compliance is made
to the satisfaction of designated City inspectors by the permit holder,
the permit shall be continued in force.
L.
All ORR permits 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 ORR permit shall be as provided by the DDS.
[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.
