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HomeMy WebLinkAboutOrdinance 26-2003 ORDINANCE NO. No. 26-03 AN ORDINANCE AMENDING CHAPTER 74 OF THE ORDINANCES OF THE CITY OF BROOKINGS AND PERTAINING TO SIDEWALK ADVERTISING AND DECOR AND THE PLACEMENT, DISPLAY AND SALE OF MERCHANDISE, FOOD AND BEVERAGES AND OUTDOOR DINING ON SIDEWALKS IN THE CENTRAL BUSINESS DISTRICT OF THE CITY OF BROOKINGS. BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS, STATE OF SOUTH DAKOTA, AS FOLLOWS: I. Placement of Advertising,Decor,Merchandise and Articles on Sidewalks in the Central Business District Sec. 74-34. Placement of Goods and Articles on sidewalk or street. No person shall place any advertising,decorative articles, merchandise,tables or other articles upon any sidewalk or street in the city unless otherwise permitted by this Chapter, except that,for the purpose of loading or unloading, such articles may be placed upon the sidewalk or street for such time as may be necessary to load or unload the same. In no instance shall any such articles be left upon the sidewalk or street after sunset and before sunrise in such a way as to obstruct the sidewalk. Sec. 74-35. Definitions. 1. Central Business District means the zoning district defined by that name in the Zoning Ordinance of the City of Brookings. 2. Merchandise includes goods and items for sale, including plants, flowers,wearing apparel,jewelry, ornaments, art work,household or office supplies,books, and other goods or wares, but excludes food or beverages of any kind. 3. Outdoor advertising and decorative structures includes,but is not limited to menu boards, benches, flower pots,portable signs. 4. Outdoor merchandise area means an area in front of or adjacent to a retail business where merchandise is located on a public sidewalk for the purpose of displaying, exhibiting, selling or offering merchandise for sale. 5. Sidewalk means all that area legally open to public use as a pedestrian public way between the curb line and the public right-of-way boundary along the abutting property. Sec. 74-36. Outdoor merchandise areas, Outdoor advertising and decor permitted in Central Business District. Outdoor sale of merchandise and placement of outdoor advertising and decorative structures are permitted on sidewalks in the Central Business District by the owner or operator of the business whose business is adjacent to the sidewalk upon which the merchandise, outdoor advertising or decorative structures are placed. Outdoor sale of merchandise and placement of outdoor advertising and decorative structures in the Central Business District shall be subject to the Regulations set forth in this Ordinance. Sec. 74-37. Regulations pertaining to outdoor merchandise areas,advertising and decor in the Central Business District. 1. Advertising,decorative structures,merchandise and fixtures or devices upon which merchandise is displayed shall be located so that they do not impede, endanger or interfere with pedestrian traffic,with a minimum of six (6)feet of passage for pedestrian traffic. 2. No fixtures or devices upon which outdoor merchandise is displayed shall be attached to the sidewalk or other public area. 3. Outdoor merchandise areas will be permitted only adjacent to the building or structure in which the business is located. Outdoor merchandise shall not be permitted next to the curb of the street. 4. Outdoor advertising, decorative structures or merchandise and fixtures or devices upon which merchandise is displayed shall not block regulatory signs, crosswalks or intersections and shall be sufficiently lit during times of low light in order to provide for safe pedestrian passage alongside the outdoor advertising,decorative structures or merchandise.All displays of merchandise within the outdoor merchandise area must meet a minimum height of 12 inches tall or be of sufficient size so that safe pedestrian traffic is not impeded. All merchandise located within the area that outdoor merchandise is displayed shall be placed so that the outdoor merchandise and the fixtures or devices on which the merchandise is displayed are stable and not easily tipped and do not include sharp edges, protrusions or other features which may be hazardous to the public. 5. All merchandise and the fixtures or devices upon which the merchandise is displayed shall be moved inside the building wherein the retail business is located during hours the retail business is not in operation. 6. All merchandise and the fixtures, or devices upon which the merchandise is displayed must be secured so that it may not be dislodged during windy or stormy weather prior to being moved inside the building wherein the retail business is located. 7. The owner or operator of the business displaying the outdoor merchandise shall be responsible for the maintenance, upkeep and security of the fixtures or devices upon which the merchandise is displayed. 8. The owner or operator of the business displaying the outdoor merchandise shall be responsible for keeping the outdoor merchandise area clean of garbage,trash,paper, cups, cans or litter associated with the operation of the outdoor merchandise area. 9. Signs attached to the outdoor merchandise fixtures shall be secured so that they are not dislodged during windy or stormy weather. 10. Outdoor merchandise areas shall not contain any live animals. II. Outdoor food and beverage service and dining in the Central Business District Sec. 74-38. Outdoor food and beverage service and dining areas permitted in Central Business District. Outdoor food and beverage service and dining is permitted on sidewalks in the Central Business District by the owner or operator of the business whose business is adjacent to the sidewalk upon which the food and beverages are to be sold, served or consumed. Outdoor sales and service of food,beverages and outdoor dining in the Central Business District shall be subject to the regulations set forth in this Ordinance. Sec. 74-39. Definitions. 1. Central Business District means the zoning district defined by that name in the Zoning Ordinance of the City of Brookings. 2. Outdoor dining area means an area on a public sidewalk in front of and adjacent to a business where food or beverages are sold, served or consumed. 3. Sidewalk means all that area legally open to public use as a pedestrian public way between the curb line and the public right-of-way boundary along the abutting property. Sec. 74-40. Regulations pertaining to outdoor food and beverage service and dining areas in the Central Business District. 1. No person shall sell or serve food or beverages or permit outdoor dining on a sidewalk in the Central Business District unless they comply with the requirements of this Ordinance. 2. No alcoholic beverages may be sold, served or consumed on a sidewalk unless a license has been issued pursuant to applicable law. 3. Outdoor food or beverage sales and outdoor dining shall be located so that such service and dining does not impede, endanger or interfere with pedestrian traffic. Tables, chairs, benches and food and beverage carts and equipment shall be located so that they do not impede, endanger or interfere with pedestrian traffic,with a minimum of six(6)feet of passage for pedestrian traffic. 4. No fixtures or devices on which food or beverages are sold or consumed shall be attached to the sidewalk or other public area. 5. Outdoor food or beverage sales and outdoor dining will be permitted only adjacent to the building or structure in which the business providing the outdoor food and beverage service is located. No tables, chairs, benches and food and beverage carts or equipment shall be permitted next to the curb of the street. 6. Tables, chairs, benches and food and beverage carts and equipment shall not block regulatory signs, crosswalks or intersections and shall be sufficiently lit during times of low light in order to provide for safe pedestrian passage alongside the outdoor dining area. All tables, chairs,benches and food and beverage carts and equipment shall not have sharp edges, protrusions, or other features which may be hazardous to the public. 7. All tables, chairs,benches and food and beverage carts and equipment used for food and beverage sales or consumption shall be moved inside the building wherein the business is located during hours the business is not in operation,unless the tables and chairs are secured to the building or secured together with a cable in a preapproved fashion. 8. All tables,chairs,benches and food and beverage carts and equipment used for food and beverage sales or consumption must be secured so that they may not be dislodged during windy or stormy weather. 9. The business owner or operator who conducts outdoor food or beverage sales and outdoor dining shall be responsible for the maintenance, upkeep and security of all tables, chairs, benches and food and beverage carts and equipment used for food or beverage sales and outdoor dining. 10. The business owner or operator who conducts outdoor food or beverage sales and outdoor dining shall be responsible for keeping the outdoor merchandise area clean of garbage, trash,paper, cups, cans or litter associated with the operation of the outdoor dining area. 11. Signs used to advertise to the outdoor food or beverage sales and the outdoor dining area shall be secured so that they are not dislodged during windy or stormy weather. III. Any or all ordinances in conflict herewith are hereby repealed. FIRST READING: August 26,2003 SECOND READING: September 9, 2003 PUBLISHED: September 12, 2003 CI Apt' 'OOKINGS, SOUTH DAKOTA .1 S 111W11111 *. - ��%unsterman Mayor S,31sH O,A i.T: 1 1 %1:: . , i � °q,F_•..,,,,n'.. ' ornes, City Clerk 4x41 5