(a) General prohibition. It shall be unlawful for any person to obstruct any of the sidewalks of the city by placing thereon any boxes, barrels, goods, wares, tables, chairs, merchandise or any other thing, except as defined in this section.

(b) Sidewalk retail displays in the Downtown Business District. Businesses located in the Downtown Business (DB) zoning district may display retail goods on the sidewalk immediately in front of their businesses in accordance with the following:

(1) All displays and goods shall be removed from the sidewalk during the establishment’s nonbusiness hours.

(2) The affected portion of sidewalk shall be cleaned each day in which the business displays retail goods on the sidewalk.

(3) No portion of the retail display shall obstruct access to hydrants, streetlights, telephones, mailboxes, transit stops or any other public service facility on the sidewalk area or adjacent street.

(4) A clear unobstructed sidewalk width of at least four (4) feet shall be maintained at all times between the use and any obstacle (tree, tree well, meter, fire hydrant, etc.).

(5) A clear unobstructed height of seven (7) feet shall be maintained between the walkway surface and any overhead obstacle (display, tree branch, overhead sign, awning, etc.).

(c) Sidewalk cafes. Restaurants located in the Downtown Business (DB) zoning district may sponsor a cafe on the sidewalk in front of their restaurant in accordance with the requirements herein.

Sidewalk cafes are defined as outdoor dining areas on a portion of the sidewalk immediately abutting the sponsoring restaurant. Sidewalk cafes shall be classified as either: (1) sidewalk cafes with no enclosure, or (2) sidewalk cafes with enclosures.

(1) Sidewalk cafes with no enclosure.

(A) Sidewalk cafes with no enclosure shall consist solely of chairs, tables and umbrellas.

(B) All tables, chairs and umbrellas shall be removed from the sidewalk during the establishment’s nonbusiness hours.

(C) The affected portion of sidewalk shall be cleaned each day in which the sidewalk cafe is in use.

(D) No portion of the sidewalk cafe shall obstruct access to hydrants, streetlights, telephones, mailboxes, transit stops or any other public service facility on the sidewalk area or adjacent street.

(E) A clear unobstructed sidewalk width of at least four (4) feet shall be maintained at all times between the sidewalk cafe and any obstacle (tree, tree well, meter, fire hydrant, etc.).

(F) A clear unobstructed height of seven (7) feet shall be maintained between the walkway surface and any overhead obstacle (tree branch, overhead sign, awning, etc.).

(2) Sidewalk cafe with surrounding enclosure.

(A) Permit required. A sidewalk cafe that has a surrounding enclosure shall obtain a permit from the city. The permit shall be issued on an annual basis by the department of permits and inspections.

(B) Permit application. A city sidewalk cafe application shall be submitted to the department of permits and inspections, which shall include the following information:

(i) Documentation of approval from the owner of the property in which the establishment is located.

(ii) Documentation of liability insurance coverage as required by the city, for the sidewalk area to be used.

(iii) Documentation of approval from the Frederick County Liquor Board if alcoholic beverages are to be consumed in the sidewalk cafe area.

(iv) The seating capacity of the proposed sidewalk cafe.

(v) Scaled sketch plan showing all pertinent features of the area affected, including property lines, building footprint, sidewalks, street curb lines, lighting, trees, tree wells, planters, parking meters, street signs, and fire hydrants and proposed location of the outdoor cafe layout and enclosure.

(vi) Description and scaled drawings of enclosure plan, including any physical changes proposed to the sidewalk such as holes for mounting railings or other enclosure systems.

(C) Design standards.

(i) Sidewalk cafes with an enclosure shall consist solely of chairs, tables, umbrellas and a surrounding enclosure.

(ii) The affected portion of sidewalk shall be cleaned each day in which the business is in operation.

(iii) No portion of the sidewalk cafe shall obstruct access to hydrants, streetlights, telephones, mailboxes, transit stops or any other public service facility on the sidewalk area or adjacent street.

(iv) A clear unobstructed sidewalk width of at least four (4) feet shall be maintained between the use and any obstacle (tree, tree well, meter, fire hydrant, etc.).

(v) A clear unobstructed height of seven (7) feet shall be maintained between the walkway surface and any overhead obstacle (tree branch, overhead sign, awning, etc.).

(vi) No sidewalk cafe may be permanently located within the sidewalk area by means of raised deck, platform, fence, walls or other structures or enclosed by fixed walls of any material, except that sidewalk cafe boundaries may be delineated by the use of temporary barriers such as railings. Any such temporary barriers must be easily removed and no more than forty-two (42) inches in height above the sidewalk surface. Temporary barriers may be attached by removable clips or devices approved in advance by the city engineer.

(D) Annual fee. An annual fee may be charged by the city to cover administrative processing and review costs. Such fee shall be established by resolution approved by the mayor and board of aldermen.

(d) Maintenance. All components of the sidewalk cafe including enclosure devices shall be removable for sidewalk right-of-way maintenance and snow removal. In the event of an emergency, the city may remove all or part of a sidewalk cafe and shall not be liable for any damages.

(e) Penalty for infraction.

(1) Failure to obtain a sidewalk cafe permit for sidewalk cafes with enclosures shall be considered a municipal infraction and the penalty shall be a fine of five hundred dollars ($500.00).

(2) Any violation of any other provision of this section is also declared to be a municipal infraction. The penalty for violation shall be the sum of fifty dollars ($50.00) for the first offense. Upon a second or subsequent violation of this section within a twelve- (12) month period, said person shall be fined one hundred dollars ($100.00). Each day that a violation continues shall constitute a separate offense.

(f) Abatement.

(1) Any violation of any provision of this section which endangers the public health, safety and welfare shall constitute a public nuisance.

(2) Whenever the director of planning and community development, or his designee, becomes aware that such public nuisance exists within the city, it shall be his duty to make immediate investigation, and if in his judgment, any such public nuisance does exist, he shall forthwith give written notice to the party in default to abate such public nuisance within such reasonable time as shall be prescribed in such notice.

(3) In the event of any person neglecting or refusing to comply with the notice to remove or abate such public nuisance in the reasonable time provided, such public nuisance may be abated or removed by the city at the expense of the party so refusing or neglecting. (Code 1953, § 18.9; Ord. No. G-80-25, § 1, 7-17-80; Ord. No. G-03-17, § 1, 10-2-03)

Cross reference--Loitering, §§ 15-27, 15-27.1.