ORD NO. 2014-16 RELATING TO THE RETAIL USE OF SIDEWALKSORDINANCE NO. 2014-16
AN ORDINANCE of the City of Bainbridge Island,
Washington relating to the retail use of sidewalks and
adopting a new Chapter 12.36 of the Bainbridge Island
Municipal Code relating to right -of -way use.
WHEREAS, the City of Bainbridge Island (the "City ") regulates uses in the
right -of -way; and
WHEREAS, the City desires to address issues relating to the retail use of
sidewalks not previously addressed in the Bainbridge Island Municipal Code; now,
therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. A new Chapter 12.36 of the Bainbridge Island Municipal Code is
hereby adopted to read as follows:
CHAPTER 12.36
RETAIL USE OF SIDEWALKS
Sections:
12.36.020 Sidewalk cafes.
12.36.030 Sidewalk displays.
12.36.020 Sidewalk cafes.
No person may operate a sidewalk cafe without a permit from the public
works director as follows:
A. Permit application. In addition to the information required by this
chapter, an applicant must provide the following before a sidewalk cafe
permit can be issued:
1. The anticipated periods of use during the year and the proposed hours of
daily use, including Saturdays, Sundays, and holidays;
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2. Whether any liquor, as defined in RCW 66.04.010, will be sold or
consumed in the area to be covered by the permit; and
3. Procure and maintain liability insurance, naming the City of Bainbridge
Island as additional insured in the amount of one million dollars
($1,000,000).
B. Terms and conditions.
1. The public works director may issue a permit for use of a sidewalk for
sidewalk cafe purposes in the event and to the extent that he or she
determines that:
a. The applicant is the owner or occupant of the abutting property and
operates a cafe, restaurant, or tavern thereon;
b. The location of the sidewalk cafe shall not reduce or obstruct
pedestrian passage on the sidewalk to less than five (5) feet.
Furthermore, such placement shall be consistent with any applicable
standards established by the Americans with Disabilities Act and shall
not obstruct vehicular traffic or parking or the use of any crosswalk,
wheelchair ramp, bus or taxi zone; and
c. The proposed sidewalk cafe area is included within a food - service
establishment permit issued by the Kitsap County Health District or
has otherwise been authorized by said department.
2. The public works director may include such terms and conditions in the
permit as the director may deem appropriate, including but not limited to:
a. Restrictions as to the number and placement of tables and chairs and
as to the hours and dates of use;
b. A requirement that the area be cleared when not in use as a sidewalk
cafe, or upon the order of the public works director or other appropriate
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city officer such as the chief of police or fire chief or their authorized
representatives;
c. Provisions that the permittees shall maintain the sidewalk in a clean
and safe condition for pedestrian travel;
d. A requirement that the applicant clear the sidewalk as may be
necessary to accommodate deliveries to abutting or other nearby
properties;
e. Regulations upon lighting and illumination of the sidewalk cafe,
limitations upon noise, and restrictions upon the placement of furniture
or equipment used in connection with the sidewalk cafe;
f. The posting of a surety bond or establishment of an escrow account;
g. If the sidewalk cafe causes a change in pedestrian travel patterns,
appropriate modifications to the sidewalk in the immediate vicinity in
order to accommodate the change or to assure compliance with the
Federal Americans with Disabilities Act;
h. Restoration of the sidewalk upon completion of the use.
3. Unless expressly authorized by the public works director, no pavement
shall be broken, no sidewalk surface disturbed, and no permanent fixture of
any kind shall be installed in or on sidewalk area in connection with a
sidewalk cafe.
a. If authorized by the public works director, fencing shall be secured
to the sidewalk per specifications of the City. Such anchoring is not
permitted on any public art embedded in the sidewalk.
b. Any damage to the public sidewalk resulting from anchoring of any
object shall be corrected by the applicant or property owner at their
own expense and per specifications of the City.
4. The public works director may suspend or revoke the permission granted
if an applicant violates this chapter, any implementing rules, or the terms
and conditions of the permit.
5. Permits must be renewed annually.
6. Concurrent with submittal of a complete application, the applicant shall pay
an application fee established by resolution of the city council to cover the
administrative cost of issuing the permit.
C. Liquor. Liquor, as defined in RCW 66.04.010, as now existing or
hereinafter amended, may be used and sold at a sidewalk cafe when
authorized in both the use permit and provided for in this chapter and by
permit of the Washington State Liquor Control Board, and not otherwise.
D. Sidewalk condition. The applicant shall comply with the terms and
conditions of the sidewalk cafe permit issued, shall maintain the sidewalk
in a clean and safe condition for pedestrian travel, and shall immediately
clear the sidewalk area when ordered to do so by the public works director
or other appropriate city officer such as the chief of police, fire chief or
their authorized representatives.
12.36.020 Sidewalk displays.
The owner or manager of a business upon abutting property making retail
sales to the public may, without a permit, display on a public sidewalk
goods or wares that are being offered for sale inside the business.
Sidewalk displays are subject to rules of the public works director, and the
following criteria:
A. The location of the sidewalk display shall not reduce or obstruct
pedestrian passage on the sidewalk to less than five (5) feet to the nearest
street trees, utility poles, traffic control signs and devices, fire hydrants,
buildings, and other similar devices and structures. Furthermore, such
placement shall be consistent with any applicable standards established by
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the Americans with Disabilities Act and shall not obstruct vehicular traffic
or parking or the use of any crosswalk, wheelchair ramp, bus or taxi zone.
B. The display must leave entrances and driveways clear and may not
extend more than three (3) feet into the sidewalk.
C. The display must be removed during those hours that the business is
closed. If the display is in place before sunrise or after sunset, the display
must be lighted and readily visible to passing pedestrians on the sidewalk.
D. Sales of goods or merchandise displayed must occur on the abutting
privately owned property.
E. The display may not contain liquor, tobacco, firearms, munitions, or
any article which a minor is prohibited by law from purchasing, or any
material restricted by the fire code from direct access or handling by the
public.
F. The display must be removed any time the public works director, chief
of police, or fire chief determines that a clear sidewalk is needed and
requests removal for use of travel or transportation, street cleaning or
maintenance, street utility work, a crowd control event or parade, or an
emergency.
G. The city assumes no responsibility for the items on display, irrespective
of whether the loss occurs through accident, collision, vandalism, theft or
otherwise.
Section 2. If any one or more section, subsections or sentences of this ordinance are
held to be unconstitutional or invalid, such decision shall not affect the validity of the
remaining portion of this ordinance and the same shall remain in full force and effect.
Section 3. This ordinance shall take effect on and be in force five (5) days from and
after its passage, approval and publication as required by law.
PASSED by the City Council this 9t" day of June, 2014.
APPROVED by the Mayor this 9th day of June, 2014.
LzIla, Gpcp2aix,"
Anne S. Blair, Mayor
ATTEST /AUTHENTICATE:
Rosalind D. Lassoff, CMC, City Clerk
FILED WITH THE CITY CLERK: May 15, 2014
PASSED BY THE CITY COUNCIL: June 9, 2014
PUBLISHED: June 13, 2014
EFFECTIVE DATE: June 18, 2014
ORDINANCE NUMBER: 2014 -16
IN