HomeMy WebLinkAbout2009-OR-51176 Ordinance 2009-OR- 51
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178 An Ordinance Regulating Retail Sidewalk Displays in the
179 City of Jeffersonville For the Purpose of
18o Beautification and Safety
181
182 Whereas, the Jeffersonville City Council is vested with the duty and obligation to
183 promulgate laws, ordinances and regulations that provide for the health, safety and well-
184 being of the citizens of the City;
185 Whereas, the express purpose of this Ordinance is to provide maximum visibility
186 at affected intersections, roads and highways, to prevent unreasonable distraction of
187 operators of motor vehicles, to prevent interference with the effectiveness of traffic
188 lights, signs or signals, to preserve and enhance the natural and scenic beauty or
189 aesthetic features of the affected areas of the City, and to promote the safety and
190 comfort of the users of the roads, highways and streets of Jeffersonville, Indiana;
191 Whereas, in order to achieve these goals the Jeffersonville City Council adopts
192 the following rules and regulations:
193
194 Section One: Retail Sidewalk Display.
195 It shall be permissible for the owner or operator of a retail business to maintain a
196 display of articles of merchandise in front of his business premises on the public
197 sidewalk, subject to the following requirements:
198
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199 (a) A retail display, outside that area bounded by the Ohio River to the South,
200 Highway 62 (Tenth Street) to the North, the Town of Clarksville to the west and Allison
201 Lane to the east, may extend from the property line not more than a maximum of 36
202 inches provided that a minimum of three (3) feet of sidewalk width, measured between
203 the curb and the front of the display, must remain
204 (b) Merchandise less than 18 inches in height shall be displayed on a display
205 stand or bench surface. The total height of any permitted retail display shall not exceed
206 four feet above the sidewalk.
207 (c) Displays must be kept neat and free of litter, including the space underneath
208 the stand and the surrounding sidewalk and roadway gutter areas.
209 (d) The owner or operator of the retail business displaying merchandise on the
210 sidewalk as permitted by this section shall maintain a policy of general liability
211 insurance, naming the City of Jeffersonville as an additional insured, in an amount of
212 not less than $300,000 to cover claims for any injuries arising from or related to said
213 sidewalk merchandise display. A certificate of insurance demonstrating the required
214 coverage shall be filed with the office of the Clerk prior to any use of the public sidewalk
215 for a retail display as permitted in this section. A copy of said certificate shall be kept on
216 the business premises behind the sidewalk display and shall be immediately available
217 for inspection upon request.
218 (e) An otherwise authorized retail display shall be permitted on the sidewalk
219 area only during the regular business hours of the principal business premises behind
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220 said display and while such premises are open for business. At all other times the
221 sidewalk area shall be kept clear of all display merchandise, stands and any associated
222 paraphernalia.
223 (f) Notwithstanding any other provisions of this section, the owner or operator of
224 a business maintaining a retail sidewalk display shall immediately remove said display
225 upon notice given by any Jeffersonville police officer that the sidewalk display is
226 unreasonably obstructing pedestrian traffic or has otherwise created a dangerous
227 condition.
228 (g) No person shall maintain a retail sidewalk display in violation of any
229 provision of this section. Each successive day that such violation continues shall
230 constitute a new and separate offense. A violation of any provision of this section shall
231 be punished by a fine of not more than $2,500 nor less than $100
232
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Severability Clause:
Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to
any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or
should any portion of this ordinance be preempted by state or federal law or regulation, such
decision or preemption shall not affect the validity of the remaining portions of this ordinance or
its application to other persons or circumstances.
This Ordinance shall be in full force and effect from and after its passage and
Annrrnial
Voted Against:
Passed this day of , 2009.
ti
Mayor Thomas G I gan
Attest:
t,~.J
Peg Ider, Clerk-Treasurer
Presented by me, Peggy Wilder, as the Clerk and Treasurer to the Mayor of said
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City of Jeffersonville, Indiana on this ~ day of Jn ~', 2009.
Peg ilder, Clerk-Treasurer