The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Sidewalk café means an outdoor dining area on a public sidewalk where patrons may consume food and/or beverages provided by an abutting food service establishment. Such establishments may either provide table service in the outdoor dining areas or sell take-out items to be consumed in the outdoor dining area.

(Code 2020, § 17.27.010; Ord. No. 1036, § 2, 2000)

A.

This chapter does not apply to private property.

B.

This chapter does not apply to a service group, school or church-related fundraising event which may have an incidental effect on city property, but where the persons in attendance will be less than 50 people. This exclusion includes, but is not limited to, bake sales, the sale of Girl Scout cookies and car washes.

C.

This chapter does not apply to a use covered by the special events permit requirements of chapter 5.18.

(Code 2020, § 17.27.020; Ord. No. 1036, § 2, 2000)

A.

Permit required. Any obstruction of the public right-of-way or sidewalk may occur only after the city has issued a right-of-way use permit.

B.

Zoning requirements. Any use of a public right-of-way or sidewalk shall be subject to the requirements and limitations set forth in this chapter.

C.

Noise regulations. Any use of the public right-of-way or sidewalk shall be subject to the requirements of chapter 9.14, public nuisance defined (noise).

D.

Indemnification. The permit holder shall defend, indemnify and hold the city and its employees harmless from and against any loss or damage arising from the use or existence of the improvements or encroachment authorized under a right-of-way use permit.

E.

Insurance. The permit holder shall obtain and maintain in force comprehensive general liability, broad form property damage and blanket contractual liability insurance in a combined single limit amount, per claim and aggregate, of at least $1,000,000.00 covering the permit holder's operations on the sidewalk. Such insurance shall name on a special endorsement form, the city, its elected and appointed boards, officers, agents and employees as additional insured. A certificate of insurance shall contain provisions that prohibit cancellation, modification, or lapse without 30 days' prior written notice to the city.

F.

Compliance with laws. The permit holder shall comply with all local, state and federal laws, and all liquor control board and county health department rules and regulations.

(Code 2020, § 17.27.030; Ord. No. 1036, § 2, 2000)

A.

A right-of-way use permit shall be required for all encroaching furniture and improvements. A right-of-way use permit shall be obtained as follows:

1.

The application shall be filed with the city hall on a form provided by the city hall staff;

2.

The application shall be signed by the owner of the property or his authorized agent;

3.

The application shall be accompanied by a site plan, drawn to scale and fully dimensioned, which accurately depicts the location, height, nature and extent of all proposed improvements and objects within the encroachment zone. All fixed features such as tree wells, sign posts, fire hydrants, news racks, light poles, etc., within 20 feet of the encroachment zone shall be depicted on the site plan;

4.

An annual permit fee as established by resolution of the city council is due at the time of the issuance of a new right-of-way use permit. Once issued, a right-of-way use permit must be renewed annually by January 31 to remain valid.

B.

Prior to issuance of the right-of-way use permit, the applicant shall provide both the certificate of insurance and the completed standard special endorsement in a form meeting the approval of the city attorney.

C.

A right-of-way use permit may be issued by the mayor after consultation with the director of public works, police chief, building official, fire marshal and city attorney. The mayor may impose any reasonable conditions on the right-of-way use permit necessary for the protection of the public.

(Code 2020, § 17.27.040; Ord. No. 1036, § 2, 2000; Ord. No. 1058, § 2, 2000; Ord. No. 1143, § 11, 2004)

Valid right-of-way use permits shall remain in effect from the time they are issued until the end of that year and renewed by January 31 of each year thereafter. If not renewed by February 28, the right-of-way use permit will be revoked and the application process must be completed again.

(Code 2020, § 17.27.050; Ord. No. 1036, § 2, 2000)

A.

Horizontal clearance. A clear, continuous pedestrian path of not less than six feet in width shall be required for pedestrian circulation outside of the outdoor use area, except that a pedestrian path of not less than five feet will be allowed where a barrier is required. As used herein, pedestrian path means a continuous obstruction-free sidewalk or right-of-way, paved to city standards, between the outside boundary of the use area and any obstruction, including, but not limited to, street trees, landscaping, street lights, benches and curblines.

B.

Allowable uses. Any outdoor use of the public sidewalk or public right-of-way may incorporate street trees or street furniture, provided that the required pedestrian path is maintained outside of the outdoor use area.

C.

Setback from corners, streets and alleys. When an outdoor use area is located at a street corner, a ten-foot setback from the corner of the building shall be maintained along both frontages. When an outdoor use area is located adjacent to a driveway or an alley, a five-foot setback shall be maintained from the driveway or alley.

(Code 2020, § 17.27.060; Ord. No. 1036, § 2, 2000)

A.

Barriers.

1.

No barrier shall be required if the proposed use does not include the serving of alcohol;

2.

Establishments that serve alcoholic beverages in the outdoor area shall provide a physical barrier that meets the requirements of this policy and of the alcoholic beverage control board;

3.

Barriers should complement the building façade as well as any street furniture and be somewhat transparent (such as wrought iron) and shall be able to withstand inclement weather;

4.

Barriers shall be capable of being removed through the use of recessed sleeves and posts, by wheels that can be locked into place, or weighted bases. Barriers can be erected after April 1 of each year and shall be removed by October 31 each year. Barriers shall be removed if not in use of 30 days.

5.

The height of any barrier shall not exceed three feet six inches.

B.

Awnings and umbrellas. The use of awnings over the outdoor use area and removable table umbrellas shall be permitted, provided they do not interfere with street trees. Awnings shall have no support posts located within the public right-of-way. A building permit must be obtained prior to installation of any awning.

C.

Lighting. Outdoor lighting fixtures should complement the style of the building. Lighting fixtures shall not be glaring to motorists or pedestrians on the adjacent right-of-way, and shall illuminate only the outdoor use area. Outdoor lighting may be installed on the façade of the building. Electrical fixtures shall not be permitted in the public right-of-way. Lighting shall be installed by a licensed electrician under an electrical permit issued by the department of labor and industries. Battery-operated lamps will be permitted.

D.

Design. The design, material, and colors used for chairs, tables, umbrellas, awnings and other fixtures should complement the architectural style and colors of the building façade and street furniture.

E.

Signs. Notwithstanding any other provision of this Code, signs and logos shall be permitted on umbrellas in outdoor dining areas and affixed to carts.

F.

Heaters. Portable propane heaters shall be allowed within the outdoor use areas.

G.

Disabled access. All requirements of the Americans with Disabilities Acts shall be met.

(Code 2020, § 17.27.070; Ord. No. 1036, § 2, 2000; Ord. No. 1085, § 1, 2002)

In the event that a permit holder fails to abide by the provisions of this policy or the terms and conditions of a right-of-way use permit, the permit may be revoked as follows:

A.

The city shall give five business days' written notice to the permit holder of the violation requiring revocation of the permit, providing that if the violation is corrected within five business days, the permit will not be revoked.

B.

If, at the expiration of five business days the violation is not corrected, the city shall issue a notice of revocation of the right-of-way use permit, and the permit holder will be required to immediately cease all activity in the city right-of-way.

C.

The permit holder or property owner shall pay all costs incurred by the city in abating the encroachment or improvement.

D.

The permit holder or property owner may appeal the permit revocation to the city council at its next regularly scheduled meeting by filing a notice of appeal with the city hall staff. The permit holder may continue the use of the city right-of-way pending appeal.

E.

The city may immediately suspend the permit holder's permit for up to five business days for a public safety violation. If the violation is not corrected within five business days, the city will issue a notice of revocation as set forth in subsection B of this section. The permit holder may not continue the use of the city right-of-way pending an appeal of a revocation of the permit due to a safety violation.

F.

The city attorney is authorized to bring an action in the county superior court to enjoin any use of the city right-of-way carried out in violation of this chapter.

(Code 2020, § 17.27.080; Ord. No. 1036, § 2, 2000)