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O-59-02 09/09/02VILLAGE OF LEMONT ORDINANCE NO. - ORDINANCE CREATING. CHAPTER 5.84 OF THE MUNICIPAL CODE ENTITLED SIDEWALK DISPLAYS ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This ninth day of September, 2002. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will, and DuPage, Illinois this ninth day of September, 2002. ORDINANCE NO. t ' ORDINANCE CREATING CHAPTER 5.84 OF THE MUNICIPAL CODE ENTITLED SIDEWALK DISPLAYS BE IT ORDAINED by the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will and DuPage, State of Illinois, that the Lemont Municipal Code is hereby amended, specifically by adding a new Chapter 5.84 entitled "Sidewak Displays" which shall state as follows: 5.84.010 Permit required. Notwithstanding any other provision in this Code, it is unlawful for any person, firm, corporation or association to use the public sidewalk for any commercial purpose of any kind without obtaining a permit. Permits may be issued to licensed businesses owning or leasing property immediately adjacent to the sidewalk in the downtown B -2 and M -1 zoning districts. Such permits may be purchased at any time during a calendar year but all such permits shall expire on December 31st of the same calendar year. No permit shall be issued to any business that is not in compliance with all provisions of the Lemont Municipal Code. 5.84.011 Application. All applicants for sidewalk display permits must complete an application in a form approved by the village and submitted to the Director of Community Development. All applications shall include the following information: A. A dimensioned plan drawn to scale and done in a professional manner showing sidewalk and all public improvements such as light posts, benches, planters, trees and tree grates in the area, location of the curb relative to the building, and the proposed location of all types of materials, to be placed on the sidewalk. Display items (sometimes referred to herein as "items ") may include the following: tables, benches or other articles of a character, nature, material and color conducive to an attractive display as determined by the Director of Community Development; B. Certificate of insurance naming the village as an additional insured with minimum liability coverage of one million dollars; C. A signed indemnification statement on a form provided by the village. 5.84.012 Inspection. An inspection of the property to document existing conditions of public improvements shall be performed by the village prior to issuance of a permit. Applications should be filed at least two weeks prior to scheduled use to allow sufficient time for such inspection. 5.84.013 Regulations. All permit holders shall be subject to the following regulations: A. The sidewalk display shall be compatible with the surrounding streetscape and the building it serves. B. The sidewalk shall be kept clean and free of refuse and clutter at all times by the permit holder regardless of the source of such refuse and clutter, including but not limited to overflowing trash receptacles (private and public), cigarette, and paper refuse. C. All items shall be removed from the sidewalk and placed indoors at the end of each business day. D. All public improvements on the sidewalk including, but not limited to benches, light poles, and trees shall be maintained in the condition in which they existed immediately prior to the issuance of the permit, excluding normal wear and tear. Permit holder shall immediately report any damage to the village. The village shall replace or repair such improvement at its discretion and shall charge the cost of such replacement or repair to the permit holder unless the damage can be clearly shown to have resulted from a cause not related to the issuance of the sidewalk use permit It is entirely the permit holder's responsibility and obligation to provide any such evidence that the aforesaid damage resulted from a cause not related to the issuance of the sidewalk pmt. E. Placement of the sidewalk display shall be in a manner that does not interfere with pedestrians, parking, or traffic. F. The area and display materials must be maintained in good condition at all times. G. The permit shall be posted in a conspicuous place inside the business so as to be visible from an adjacent window. 5.84.014 Restrictions. A. Items shall be placed so that a five -foot wide unobstructed pedestrian walkway is maintained at all times. The walkway shall be located so as to be parallel to the curb line, and include an unobstructed five -foot path measured from the curb. If such a five -foot unobstructed pedestrian walkway cannot be maintained, no permit shall be issued for that establishment. B. A five -foot clear zone shall be maintained at corner locations of two public sidewalks. No item shall be placed within five feet of the corner of the bwlding on either side. This "clear zone" shall be defined as a space measured five feet from the comer of a building on both sides facing the sidewalk, so that the comer of the building is entirely free from obstruction. C. Items shall be immediately adjacent to the budding and shall not extend beyond the permit holder's property on any side or exceed a total length of 25'. D. Sidewalk displays must comply with all provisions of the sign code restrictions. No festoon lighting, flashing lights or other attention - getting device will be permitted at any time. E. Items shall not obstruct normal ingress and egress from the business or other businesses. F. Items shall not be of a nature so as to create a wind -blown hazard. G. Displays shall not contain hazardous materials, products that contain gasoline and/or oil, or items that can cause damage to the sidewalk. H. Display items of an establishment located in downtown Lemont may, at the discretion of the Director of Community Development, be required to be removed during Heritage Fest or other such events, when potentially causing a conflict due to the volume of pedestrian traffic and other uses on the public sidewalks. L Amplified music, and music speakers shall be prohibited from the area. 5.84.015 Fees. The fee for a permit for a sidewalk display shall be twenty -five dollars per year. 5.84.016 Enforcement and revocation. A. A failure to comply with the provisions of this chapter may result in a fine as specified in Section 5.02.160 of this code. B. In the event that the permit holder fails to maintain the sidewalk display in compliance with this chapter, the village may arrange to undertake such work and bill the permit holder for the work. This work may include repair, relocation, or removal of any item so as to conform with the provisions of this chapter. C. The enforcement of all other sections of this chapter including, but not limited to, the maintenance provisions and restrictions shall be the responsibility of the permit holder. Any three violations of the provisions shall result in the revocation of the permit and permit holder shall be prohibited from reapplication for a period of twelve months. E. The village, upon determining that the method or manner of use or conduct of persons using such displays pose a threat to public health, safety or welfare, shall have the power and authority to cause the items to be removed immediately and to revoke the permit. 5.84.017 Permit approval. First-time permits for sidewalk displays shall be approved by the Village Board. Annual renewals of permits for sidewalk cafes may be approved by the Community Development Department, provided the renewal is in substantial conformance with the original permit. This Ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. The Village Clerk of the Village of Lemont shall certify to the adoption of this Ordinance and cause the same to be published in pamphlet form. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE, ILLINOIS, on this ninth day of September, 2002. John Benik Debby Blatzer Peter Cowles Connie Markiewicz Steve Rosendahl Jeanette Virgi7io AYES NAYS PASSED ABSENT 1/ Approved by me this ninth day of September, 2002. Attest: CHARLENE M. SMOLLEN, Village Clerk