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Home My Public Portal About049-2008 - General Ordinance - Amends ChapterORDINANCE 49-2008 A GENERAL ORDINANCE AMENDING CHAPTER 96 OF RICHMOND CODE REGARDING THE USE OF STREETS AND SIDEWALKS WHEREAS, Chapter 96 of Richmond Code regulates streets and sidewalks within the City of Richmond; and WHEREAS, Chapter 96.01 restricts anything to obstruct or endanger the free passage or proper use of the public; and WHEREAS; the allowance of specified streetscape objects, and limited sales of merchandise, and seating to be placed on sidewalks would bring aesthetic quality and livelihood to our public streets and sidewalks with restricted limitations. WHEREAS; for the purpose of clarification, the best interest of the City of Richmond is to amend Chapter 96, with additions including definitions. NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond that current Chapter 96 of the City Code be modified as follows: 96.01 OBSTRUCTING STREETS No person shall obstruct or endanger, or place or permit anything to obstruct or endanger the free passage or proper use of the public of any street, sidewalk, crosswalk, bridge, or entrance to any church, school, theater, hotel, or public building, except as may be necessary while loading or unloading merchandise or materials, and except as may be permitted under this chapter. (`72 Code, 4.01) Penalty, see 10.99 96.01.01 DEFINITIONS (a) "BUSINESS (ENTERPRISE)" Per 154.13.16 — The use of land or a structure for manufacturing, processing, wholesale or resale of products. Also, the provision of services to customers and/or clients. This definition is not intended to include sales permitted under chapter 125 of this Code. (b) "ENCROACHMENT" — Any private or public temporary or long-term use of a sidewalk for purposes other than movement of pedestrians or other use by the City of Richmond in conducting its business. (c) OUTDOOR SEATING — Seating -provided at a table directly adjacent to a retail establishment where food is sold as a primary or secondary part of its daily operations. (d) "PEDESTRIAN" - Any person walking, walking with the assistance of a walking device, or in a wheelchair. (e) "SIDEWALK" - That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians. (f) "SIGN" Per 154.13.88 - Any writing, pictorial representation, emblem, flag or any other figures of similar character which is a structure or part thereof or is attached or painted on or in any manner represented on a building or structure; and is used to announce, direct attention to, or advertise; and is visible from outside a building. The word "sign" includes the word "billboard" but does not include the flag, pennant or insignia of any nation, state, city or other political unit, or of any political, educational, charitable, philanthropic, civic,_ professional, religious or like campaign, drive, movement, or event. Further, this definition shall not be held to include anv board, sign or surface used to display any official notices issued by any court or public office or posted by a public officer in the performance of a public duty. (Ord. 57-1997) (g) "SPECIAL EVENT" — An event planned in conjunction with other businesses in a business district where three or more businesses plan to encroach on the sidewalk for a like period of time. (h) "STREET" Per 154.13.97 - A public right-of-way fifty (50) feet or more in width or any such right-of-way less than fifty (50) feet in width provided it existed prior to the adoption of this Ordinance which has been improved and accepted by the responsible local governmental unit for maintenance and which provides a public means of access to abutting property. The term "street" shall include avenue, drive, circle, road, parkway, boulevard, highwav, thoroughfare, or anv other similar term. (Ord. 95-1984) (Ord. 57- 1 96.02 MERCHANDISE ON SIDEWALKS (a) No person shall for the purpose of display, exhibition, seating, or sale, place or permit or allow the placing of any merchandise or commodity beyond the real estate boundary of the premises occupied by him facing a public highway or sidewalk without a valid sidewalk encroachment permit, if applicable. Activities performed without a valid sidewalk encroachment permit are a violation of the provisions of this chapter. Planters,_ public benches without advertising and trash containers may be placed on a sidewalk directly adjacent to a business without a sidewalk encroachment permit as long as a minimum (1) Eligible sidewalks for encroachment shall be all sidewalks where a minimum of 48 inches of clear straight pathway can be maintained adjacent to a business after the encroachment is located on the sidewalk. (2) All sidewalk encroachment permits shall be approved by the City of Richmond Board of Public Works and Safety and may be subjected to approval of other applicable agencies including but not limited to the Indiana Department of Transportation and City of Richmond Department of Public Works. (3) Encroachments shall not limit access to any public safety related public improvements such as fire hydrants or infringe upon a pedestrian's free and safe passage along a sidewalk. (4) Businesses requesting a sidewalk encroachment permit for outdoor may be served in outdoor seating areas located on a sidewalk. (a) If a business requesting a sidewalk encroachment permit for outdoor seating is required by law, statute or regulation to enclose or separate the encroachment from the rest of the public right of way, the method of enclosure or separation, such as a fence, shall be reviewed and (5) Businesses eligible for a sidewalk encroachment permit for merchandising shall be all businesses conducting retail sales as the major part of their daily operations and whose businesses are housed immediately adjacent to the area of sidewalk requested for merchandising use. (6) Encroachment for outdoor seating may be approved for a one year period. Permits will valid for a calendar year, January 1— December 31. 7) Encroachment for outdoor merchandising may be annroved for un to a 48 hour period. Permits may not be granted for back to back 48 hour periods and may be limited in number by the Board of Public Works and Safety. Permits for regular or reoccurring encroachment may be considered on a case by case basis. Encroachments for a period up to 72 hours may be approved only if 24 hours of the request falls on Independence Day, Memorial Day or Labor Day. (8) All sidewalk encroachment requests shall be accompanied by the appropriate application fee, required attachments and a form prescribed by the Department of Metropolitan Development which shall include the following information at a minimum: (A) Name, street address and phone number and email address of applicant; (B) Name and street address of property owner if the owner is not the applicant• (C) Street address of the property where encroachment is requested; (D)A certificate of insurance establishing proof of a comprehensive general liability policy naming the City of Richmond as one of the insured to remain in effect during the term of encroachment; (E)A drawing to scale of the proposed encroachment demonstrating how the clear straight pathway will be maintained including_ (1) the relationship to public improvements including but not limited to, planters, fire hydrants, utility poles, trees, tree grates, landscaping, trash containers and benches; (2) the location and type of merchandise or seating to be displayed; (3) The existing and proposed circulation pattern for pedestrians with the exact dimensions of the clear straight pathway; (3) and other information applicable to the type of encroachment requested. (F) Length of time requested for the encroachment- (G) Plans for the operation of the encroachment including, but not limited to, hours of operation, services to be provided, maintenance and cleaning• (H) Evidence that adjacent property owners have been notified of the proposed encroachment. (9) Applications for a sidewalk encroachment permit should be submitted at least 30 days prior to the date the applicant wishes to encroach, but no earlier than 90 days. (10) Applications for an annual sidewalk encroachment permit for outdoor seating shall be assessed an application fee of $50.00 for a one year permit. 11) Annlications for a sidewalk encroachment hermit for outdoor merchandising for a single event, up to 48 hours, shall be assessed an application fee of $15.00. If multiple dates for separate events, up to 48 hours each, are listed on the same application, an application fee of $25.00 shall be assessed. (12) Applications for special events may be submitted on one application as long as all information required in 96.02 (a) 8 is included for all businesses that plan to encroach on the sidewalk. The application fee for a special event encroachment shall be $35.00. (13) The applicant shall maintain a copy of their permit and application at their location for inspection upon request by any city official/officer. (14) Any encroachment permit may be revoked by any city official/officer of authority if that official/officer has found that any petitioner for that permit has violated any terms or conditions of the permit whereas public safety is compromised (b) No person shall place any signs along and on the sidewalks, unless allowed by Chapter 154, or in the area between the sidewalks and the curbs of the city. Passed and adopted this _4th day of _Au ust 2008, by the Common Council of the City of Richmond, Indiana. S/S Larry Parker President (Larry Parker) ATTEST: S/S Karen Chasteen City Clerk (Karen Chasteen) PRESENTED to the Mayor of the City of Richmond, Indiana, this _5th day of _August_, 2008, at 9:00 a.m. S/S Karen Chasteen City Clerk (Karen Chasteen) APPROVED by me, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this _5th _ day of _August_, 2008, at 9:05 a.m. _S/S Sarah L. Hutton Mayor (Sarah L. Hutton) ATTEST: _S/S Karen Chasteen City Clerk (Karen Chasteen)