No outdoor table, shelf or other facility to hold food or drink while the same are being consumed shall be permitted in any nonresidential zone except in accordance with this subsection.

The dining area must be on private property. If any portion of the dining area is on a sidewalk over which the public has a right-of-way, an unobstructed passage not less than four feet wide must be left between the dining area and any street, structure, hydrant, lamppost, highway signpost or other obstruction. No portion of the dining area may be closer than four feet to any fire lane, parking lot or loading dock. No portion of any required parking space or loading dock shall be converted to dining area, except that temporary outdoor dining facilities may be permitted in required parking space or loading dock areas if the Borough Zoning Officer determines that such temporary outdoor dining would not adversely impact pedestrian or vehicular traffic, result in insufficient parking for the restaurant and neighboring uses, or otherwise be a danger to public safety.

The dining area shall be surrounded by a defining barrier not less than two feet high such as landscaping, a fence or ropes and posts. If any portion of the dining area is within 10 feet of any area used by vehicles and less than two feet above such area, the barrier shall be designed to protect the dining area unless the same is protected by trees or other means. Any immovable portion of the barrier, or any permanent roof, arbor, platform or similar structure shall be considered a site improvement for the purpose of § LD-12-12.4, Administrative Procedures, requiring site plans proposing site improvements to be drawn by a licensed person. The placement of tables and chairs in the dining area and the provision of passages through the barrier shall not obstruct entry to or exit from any building. Folding chairs are prohibited. No advertising or product names are permitted on any tablecloths, chairs or umbrellas in the dining area.

No use of the dining area shall be permitted after 10:00 p.m. or before 6:00 a.m. Sunday through Wednesday. Outdoor dining shall not be permitted after 11:59 p.m. or before 6:00 a.m. Thursday through Saturday.

Convenient containers for trash and recyclables shall be provided. The operator of the dining area shall keep it clean, sanitary and free from litter.

With the permission of the Board of Health and/or the Fire Department as to the maximum number of people in the indoor and outdoor spaces, the restaurant may serve indoor and outdoor diners simultaneously.

Restaurants having outdoor dining facilities must keep all outdoor equipment and furnishings in good condition and repair. Tables, chairs, umbrellas, awnings and other furniture used in the outdoor facilities must be kept free of rips, tears and broken components. Broken items shall be removed from outdoor areas promptly. All outdoor items including the tops of umbrellas and awnings should be kept in a clean and sanitary condition.

Outdoor chairs and tables for each establishment shall be of a uniform style. Cloth items, including awnings and umbrellas shall be of a uniform color scheme and materials. Colors shall be earth tones from white through natural "red."

All outdoor furnishings and equipment shall be removed from pedestrian routes from December 1 through March 31 to facilitate removal of ice and snow. During such period, outdoor furnishings should be stored so that they are not visible from the street and neighboring lots.

By March 30th of each year establishments providing outdoor dining must deliver a written outdoor dining plan to the Zoning Officer and a fee of $100. The plan shall include the following information and such other additional information, if any, as may be requested by the Zoning Officer as she or he deems necessary to determine compliance with the Borough's ordinances:

The Zoning Officer, after reviewing this submission, shall recommend approval, disapproval, or modification of the plan within 10 business days following its submission. The Zoning Officer shall refer the plan to the Fire Chief, the Chief of Police, the Construction Official, the Fire Marshall, the Board of Health, the Borough Engineer and/or the Borough Planner for their review and recommendations.

Failure to comply with the approved plan will subject the restaurant to the penalties set forth in Chapter 1, Section 1-5 of this Code.

Smoking and the use of smokeless tobacco products is prohibited in all outdoor dining areas. For purposes of this section, "smoking" shall mean the inhaling, exhaling, burning, or carrying of a lighted or heated cigar, cigarette, pipe, electronic smoking device, or any other tobacco or plant product intended for human consumption through inhalation, in any manner or in any form.