ORD 2179 - Laserfiche WebLink

Ordinance No. 2179 Page 7 of 16 F. Suspension of Permit. The director of operation services, police chief, city engineer, or designee shall have the right to suspend or prohibit the operation of a sidewalk dining area or require removal of a sidewalk decorative display at any time because of anticipated or actual problems or conflicts in the use of the sidewalk area. Such problems or conflicts may arise from, but are not limited to, scheduled festivals, parades, marches and similar special events; repairs to the street, sidewalk or other public facility; or from demonstrations or emergencies occurring in the area. To the extent possible, the city will give prior written notice of any time period during which the operation of the sidewalk dining area or sidewalk decorative display must be suspended. G. Violation of Conditions. 1. If any portion of a sidewalk dining area or sidewalk decorative display obstructs the public right-of-way beyond which is provided for in this section, the zoning administrator or his or her designee shall immediately direct the permittee to move the obstruction. If the permittee fails to do so, the zoning administrator or his or her/her designee is entitled to immediately move the obstruction. 2. If the sidewalk dining area or sidewalk decorative display is not maintained in a neat, clean, and orderly condition, or as conditioned by the zoning administrator, the zoning administrator or his or her/her designee shall direct that the permittee or property owner correct the condition and/or remove the furniture, displays, and appurtenances. If the zoning administrator finds that it is necessary to remove the furniture, displays, enclosures or appurtenances in the interest of the public health, safety, or general welfare and the permittee fails to remove them, the zoning administrator or his or her/her designee may immediately remove them at the expense of the permittee or property owner. 3. A sidewalk dining/decorative display permit may be revoked by the zoning administrator upon a determination that the permittee has not complied with the provisions of this section or the conditions of the design review approval. The zoning administrator shall hold a hearing and, if not satisfied that the provisions or conditions are being complied with, shall revoke the permit or take such actions as may be necessary to ensure compliance with the regulation or condition. 4. The zoning administrator shall suspend the service of alcoholic beverages in the sidewalk dining area and shall hold a hearing on the matter as provided in subsection (G)(3) above if a sidewalk dining area serving alcoholic beverages is not operated as required in this section, or if the restaurant operator is not able to control patrons consuming alcoholic beverages to the extent that patrons demonstrate a pattern of behavior of loud, offensive, or abusive actions, the physical or verbal harassment of passers-by, or the removal of alcoholic beverages from the sidewalk dining area. H. Right to Modify or Revoke. If at any time a sidewalk dining area or sidewalk decorative display interferes with the public use of the sidewalk, the zoning administrator may review, modify or revoke the sidewalk dining/decorative display