For the purposes of this article, the followings words and terms shall have the meanings as shown:

(a)   Central Business District means the area designated in the city’s zoning ordinances as within a C-1 (Central Business District) zoning classification.

(b)   Encroachment means the placement, erection, or maintenance of any goods, wares or merchandise, or of any structure, building, fence, fixtures, signage, benches, tables, or seats on any part of a public sidewalk in the Central Business District.

(c)   Public sidewalk means a sidewalk provided for general public pedestrian use in the Central Business District and which is adjacent to any public street. Any extension of a sidewalk which is within a building recess from the common building line on each block in the Central Business District shall not be deemed a part of the public sidewalk for the purposes of this article, and shall be deemed to be private use space as to that adjacent building.

(Ord. 873)

(a)   It shall be unlawful for any person to cause or allow the presence of an encroachment on any public sidewalk in the Central Business District without first obtaining a permit specifically permitting such encroachment; provided, however, that the governing body of the city may from time to time grant a general permit applicable to all or portions of the Central Business District for a defined, limited period of time which allows for temporary encroachments for events or promotions such as festivals, sidewalk sales, food trucks, etc.

(b)   A sidewalk encroachment permit may be issued only to the owner or proprietor of a business located within the building adjacent to the portion of the sidewalk for which the permit is sought. If more than one business is located in such building, then the permit application must be accompanied either by the signed consent of each of the other business owners or proprietors in such building, or by the signed consent of owner or general manager of the building. Encroachments authorized through such a permit shall constitute an exception to any prohibitions contained in Sedgwick City Code.

(c)   An application for a sidewalk encroachment permit shall be submitted to the city offices to the attention of the city administrator, who is hereby authorized to evaluate such applications and issue sidewalk encroachment permits. An application must contain or be accompanied by the following:

(1)   The name, phone number and other contact information of the owner or proprietor of the business of building for which the permit is requested. The conveyance of notices pursuant to this article by use of such contact information as submitted in the application, or as amended through subsequent written notice to the engineering department in specific reference to a permit issued hereunder, shall be deemed notice lawfully given regardless of the permit holder’s actual receipt thereof.

(2)   The address of the building or business location for which the permit is requested, and the legal description for the building.

(3)   A non-refundable permit application fee for each original application, or for an application seeking changes in the allowed encumbrances under an existing or expiring permit; or a non-refundable permit renewal application fee for the renewal of a permit with no changes being sought in the allowed encumbrances.

(4)   As to each original application, and as to each application seeking changes in the allowed encumbrances, a plot plan shall be submitted showing, to a scale or not smaller than one to one hundred, the following:

(A)  The entire space between the public street and the building, for the entire length of the building, and including any building recesses from the common building line;

(B)  The proposed location within such space of all encumbrances desired; and

(C)  Such information as the city administrator shall require regarding the materials and specifications as to each structure, building, fence, fixture, signage, bench, table or seat which is to be part of such encroachment.

(5)   Permits shall expire on the last day of the calendar year in which it was issues; provided, however, than an original or amended permit which is issued on or after October 1 shall remain in effect until the last day of December in the second succeeding calendar year.

(6)   The city may revoke a permit at any time, or decline to renew a permit, due to any failure to comply with the applicable restrictions and limitations which present a serios or substantial danger to the general public, or due to any failure to correct a violation within ten (10) days after having been given writing notice thereof, or upon and additional violation occurring after the permittee has been issued three (3) prior violation notices within a twelve (12) month period. Written notice of any intended revocation or non-renewal shall be given in writing to the permit holder at the address provided in the application, identifying the reasons therefor, and such revocation or non-renewal shall become effective ten (10) days thereafter unless the permit holder has by such time submitted to the city clerk a written request for a hearing on the matter before the public hearing officer as designated by the governing body, in which case the revocation or non -renewal shall not be effective unless upheld by the public hearing officer following a hearing thereon. The permit holder shall be given not less than fifteen (15) days’ notice of the date, time, and place of any such hearing.

(Ord. 873)

The permitting of sidewalk encroachments, and the operation and maintenance thereof, shall be subject to the following regulations and standards:

(a)   Location and dimensional standards:

(1)   The placement of encroachments shall not result, individually or cumulatively, in the narrowing of the sidewalk such that important functional attributes of the Central Business District (e.g., the ability of pedestrians to stroll side-by-side and pass comfortably for significant stretches, lingering and window shopping) are not jeopardized. The placement and dimensions of any items located on or in the public sidewalk shall meet the minimum guidelines set forth in this article along with any other local, state, or federal laws or regulations.

(2)   Encroachments shall be allowed so as to maintain a clear path of no less than six feet. The city may permit paths of travel of no less than four feet in instances where safe access can be determined.

(3)   The style, design, materials, and colors of street furniture such as tables, chairs, benches, trash receptables, etc., should be appropriate to the commercial character of the downtown. Furniture intended for residential use, such as wooden picnic tables, will not be approved.

(4)   To allow for a clear line of sight at intersections, encroachments shall not be allowed inareas near corners of sidewalks, or where crosswalks are present. This restriction is defined as a 20 feet area beginning near the crosswalk or curb cut.

(5)   Chairs shall not extend onto any required accessible walkway at any time. Chairs shall be sized appropriate to the sized of the table or space available for seating.

(6)   Various styles of barriers are acceptable. Generally, barriers should be 36 inches in height, and must be free-standing, stable and removable. Barrier segment bases should be flat with tapered edges that are 1/4 to 1/2 inch thick. Barriers must be rigid, well-balanced and difficult for pedestrians to topple, trip over or remove. Patrons and pedestrians must be able to see from the behind the barrier to the street and vice versa, and the lowest point in the barrier should be no more than 8 inches in height to ensure that visually-impaired pedestrians who use canes can detect the barrier.

(b)   Maintenance and operational standards:

(1)   Maintenance of sidewalk encroachments shall be the sole responsibility of the permit holder.

(2)   Items permitted to be places in or on the public sidewalk shall be maintained in a safe manner so as not to obstruct pedestrian access to public sidewalks, access ramps, doorways of businesses, parking spaces, bike stalls, or other spaces required by local, state or federal building or safety codes.

(3)   Movable items, like chairs and signs, must be placed so as to prevent obstruction or access routes, and provide unobstructed sight lines around corners at all times. Permitted items shall be, if moved by patrons, relocated to the appropriate location at all times.

(4)   All materials must be designed for outdoor use, and be maintained without stains, rust, tears, or discoloration. Materials showing signs of significant wear/age shall be replaced. Furniture intended for residential use, such as wooden picnic tables, will not be approved.

(5)   Umbrellas shall be constructed of durable fade-resistant materials.

(6)   Debris, stains, or litter caused by the presence or use of the encroachments, or otherwise accumulating among or about the encroachments, shall be cleaned or removed by the permit holder.

(c)   Standards for colors and materials:

(1)   The types of materials placed on public sidewalks shall portray a well maintained and aesthetically appealing streetscape. The variety of uses that exist in the Central Business District require a cohesive guideline or allowed materials, colors and variation of items permitted in the common commercial area.

(2)   All items located on the public sidewalk shall be constructed of durable materials appropriate for use in the public rights-of-way. Folding chairs, lightweight materials, deteriorated or U.V. damaged materials, splintered or otherwise damaged furniture shall not be approved, placed, or maintained in or on the public sidewalk. Sealed or painted metal or wood furniture is recommended.

(3)   Permitted encroachments shall be complimentary in material, color, and design to the buildings they serve and to which they are adjacent.

(4)   Table cloths, umbrellas, and similar materials used as part of an encroachment shall be clearly described in the project application (material samples may be required). All materials shall be kept clean and in good condition and repair.

(d)   Outdoor merchandise display standards:

(1)   Outdoor displays of wares or merchandise shall be limited to examples of items or goods sold in the store and must comply with all other standards of this article.

(e)   Standards for umbrellas:

(1)   Umbrella shades shall be of a color or colors within the palette of colors as may be adopted for the downtown historic district by the city and be kept clean and in good repair.

(2)   Umbrellas shall be installed and maintained so as to provide pedestrian clearance by maintaining seven (7) feet of clearance from the sidewalk to the lowest edge of the umbrella. Umbrellas shall not exceed a height of nine (9) feet from the base to the top portion of the pole.

(f)   Standards for planters and landscaping:

(1)   The use of pots and other planters should be kept to a minimum and generally used against buildings to accent openings. Planters shall not be used to define seating areas or otherwise cordon off the public sidewalk for private use.

(2)   Planters shall be of a variety and maintained so as to not drain onto the public sidewalk or street.

(3)   Plant material shall be of high quality and shall be kept in good condition at all times.

(4)   Debris or litter caused by planters or nearby landscaping shall be maintained or cleaned by the permit holder.

(5)   Planters and landscaping shall be trimmed to maintain the required six feet clearance required by subsection (a)(2) above.

(g)   Other types of encroachments, not anticipated in these standards, may be permitted by the city, but will require prior approval and must comply with the purpose and intent of these standards.

(Ord. 873)

Notwithstanding the other enforcement processes, procedures, and penalties provided in this article, any condition caused or permitted to exist in violation of any of the provisions of this article is hereby declared to be a threat to the public health, welfare, and safety, and is hereby declared and deemed to be a public nuisance. Instead of, or in addition to, any other remedies or procedures hereunder, the city may commence a civil action to abate, enjoin, or otherwise compel the cessation of any such public nuisance.

(Ord. 873)

The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state, or local law and it is within the discretion of the city manager, or the city governing body, or any authorized public officer to seek cumulative remedies. The city shall be entitled to recover all attorney fees, court costs, and other expenses associated with enforcement of this article.

(Ord. 873)

The violation of any provision of this article, or of any order or directive lawfully issued under authority of the provisions of this article, is hereby declared to be a municipal or ordinance infraction, with each day that any such violation occurs or continues constituting a separate offense. Any such violation shall be punishable as follows:

(a)   By a fine not exceeding one hundred dollars ($100) for each such violation.

(b)   By a fine not exceeding two hundred dollars ($200) for any such violation occurring within one (1) year from the date of any prior conviction for any violation of this article.

(c)   By a fine not exceeding five hundred dollars ($500) for any such violation occurring within one (1) year from the date of any second or subsequent conviction for any violation of this article.

(Ord. 873)