HomeMy WebLinkAboutOrdinance 6122 03/21/2005
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ORDINANCE NO. 6122
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AN ORDINANCE CREATING AN OUTDOOR CAFE PERMIT,
ESTABLISHING STANDARDS FOR THE GRANTING OF
SUCH PERMIT, AUTHORIZING THE CITY MANAGER TO
ISSUE PERMITS, ADDING SECTION 7,900 THOUGH 7,908
TO THE SPRINGFIELD MUNICIPAL CODE AND
ESTABLISHING AN EFFECTIVE DATE
THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD DOES ORDAIN AS
FOLLOWS:
Section 1. The Springfield Municipal Code, as amended, is further amended by adding
thereto sections 7.900 through 7,908 to read as follows:
"Downtown District Outdoor Cafe Permit in Public Right of Way"
7.900 Revocable Permit. In the Downtown District only, the City Manager, or the
manager's designee, may issue a revocable permit for an outdoor cafe allowing for the
service of food and beverages at facilities placed on sidewalks within the public right of
, way abutting an existing eating establishment under the following conditions:
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1) The owner of the abutting eating establishment agrees to defend, indemnify and
hold harmless the City'from all risks associated with activity occurring within the
right of way, or submits a certificate of insurance acceptable to the Public Works
Director.
2) The owner of the real property on which the eating establishment is located
consents in writing to the issuance of the permit,
3) The permit applicant demonstrates that the use of the right of way will not
interfere with existing utilities, pedestrian use of the right of way nor pose a
hazard to vehicular traffic.
4) The permit applicant obtains any other necessary state and local permits,
7.902 For purposes of Sections 7.900 through 7.908, the term "Downtown District"
shall include all that property bordered on the west by Mill Street, on the east by 10th
Street, on the north by A Street and on the south by South A Street.
7.904 Application, Individuals desiring a permit shall submit an application in the
form required by the City accompanied by sketch, with appropriate dimensions marked,
showing the placement of all facilities to be placed in the right of way. The application
shall be accompanied by a fee fixed by resolution of the Council.
7.906 Permit Duration.
(a) Any permit issued hereunder will be valid for a period of one year, and
renewable,
(b) The permit may be revoked, on not less than 24 hours notice, in the event that
. the business owner does not adequately maintain the facilities in the right of way, places
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facilities beyond the permit area, the facilities obstruct pedestrian traffic, or the facilities
pose a hazard to vehicular traffic.
(c) Any permit issued shal11apse on any change of ownership of the business
holding the permit.
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7.908 Permit Requirements. The permit may authorize the applicant to place tables,
chairs, and appropriate decorative amenities, such as flower planters, on the sidewalk
adjacent to the establishment. Placement must be such that pedestrians have unimpeded
access to the curb and do not need to pass between the establishment and things placed on
the sidewalk. At all times there shall be at least 60 inches of unimpeded sidewalk
available for the use of pedestrians. If items are placed abutting the building line, the
perimeter of the permit area shall be marked by a safety barrier.
Section 2. This Ordinance shall become effective thirty days after its adoption by the
Council and approval by the Mayor,
Adopted by the Common Council of the City of Springfield this 21 s tday of
March ,2005 by a vote of ~ in favor and ~ against. (1 abstention - Lundberg)
2005,
Approved by the Mayor of the City of Springfield this 21 s t
,-
March
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ATTEST:
Am~m
'~':\(I::::WED [1 APPROVED
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G;::FICE OF CITY ATTORNEY
Re-adopted by the Common Council of the City of
Springfield this 4th day of April ,2005
gYja;Jvote of 5 in favor and 0 against.
(1 abstention - Lundberg)
ATTEST:"
kny ~~r
the Mayor of it he City of Springfield
day of< A ril ,2005
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