HomeMy WebLinkAbout2009-OR-50114 Ordinance 2009-OR- 50
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116 An Ordinance Regulating and Prohibiting The Encumbrance of
117 Sidewalks In The City of Jeffersonville In Order to Enhance
118 Beautification and Promote Safetv Ordinance
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120 Whereas, the Jeffersonville City Council is vested with the duty and obligation to
121 promulgate laws, ordinances and regulations that provide for the health, safety and well-
122 being of the citizens of the City;
123 Whereas, the express purpose of this Ordinance is to provide maximum visibility
124 at affected intersections, roads and highways, to prevent unreasonable distraction of
125 operators of motor vehicles, to prevent interference with the effectiveness of traffic
126 lights, signs or signals, to preserve and enhance the natural and scenic beauty or
127 aesthetic features of the affected areas of the City, and to promote the safety and
128 comfort of the users of the roads, highways and streets of Jeffersonville, Indiana;
129 Whereas, in order to achieve these goals the Jeffersonville City Council adopts
130 the following rules and regulations:
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132 Section One: Encumbering Sidewalks.
133 Except as provided by Jeffersonville City Ordinance, no person shall encumber
134 any street or sidewalk space with goods, wares, merchandise or other materials.
135 This section shall not apply to lawfully existing newsstands and market stands, or
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136 to the temporary use of streets and sidewalks for lawful construction purposes or in
137 accordance with the rules of the division of sanitation relative to the necessity of
138 placement of trash receptacles and other items specifically permitted and/or allowed by
139 Jeffersonville City Ordinance.
140 Section Two: Tables and Chairs Allowed on Sidewalks.
141 It shall be permissible for the owner or operator of a retail business to maintain
142 tables and chairs (hereinafter "seating area") in front of his business on the public
143 sidewalk, subject to the following requirements:
144 (a) The permissible "seating area" shall be within the following boundaries: the
145 area defined by the Ohio River to the South, Eighth Street (8th Street) to the North, Wall
146 Street to the East and Mulberry Street to the West. Those retail business within that
147 area may erect tables and chairs subject to the following: the table and chairs may not
148 extend from the property line not more than a maximum of 36 inches provided that a
149 minimum of three feet of sidewalk width, measured between the curb and the front of
150 the seating area, must remain for pedestrian traffic and other use.
151 (b) Seating areas must be kept neat and free of litter, including the space
152 underneath the tables and the tops of the tables and the surrounding sidewalk and
153 roadway gutter areas.
154 (c) The owner or operator of the retail business with the seating area on the
155 sidewalk as permitted by this section shall maintain a policy of general liability
156 insurance, naming the City of Jeffersonville as an additional insured, in an amount of
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157 not less than $300,000 to cover claims for any injuries arising from or related to said
158 sidewalk seating area. A certificate of insurance demonstrating the required coverage
159 shall be filed with the office of the Clerk prior to any use of the public sidewalk for a
160 seating area as permitted in this section. A copy of said certificate shall be kept on the
161 business premises and shall be immediately available for inspection upon request.
162 (d) An otherwise authorized seating area shall be permitted on the sidewalk
163 area only during the regular business hours of the principal business premises behind
164 said seating area and while such premises are open for business. At all other times the
165 sidewalk area shall be kept clear of all tables and chairs and any associated
166 paraphernalia.
167 (e) Notwithstanding any other provisions of this section, the owner or operator
168 of a business maintaining a seating area shall immediately remove said seating area
169 upon notice given by any Jeffersonville police officer that the seating area is
170 unreasonably obstructing pedestrian traffic or has otherwise created a dangerous
171 condition.
172 (f) No person shall maintain a seating area in violation of any provision of this
173 section. Each successive day that such violation continues shall constitute a new and
174 separate offense. A violation of any provision of this section shall be punished by a fine
175 of not more than $2,500 nor less than $100.
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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
Voted Against:
Passed this ~~day of .Q,t` ~ , 2009.
Mayor Thomas G I'
Attest:
Pegg ilder, Clerk-Treasurer
Presented by me, Peggy Wilder, as the Clerk and Treasurer to the Mayor of said
City of Jeffersonville, Indiana on this o~ ~~day of ~_, 2009.
Pegg Ider, Clerk-Treasurer
Approval.