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HomeMy WebLinkAboutOrdinance 02- 1567 Amend municipal coce, sidewalk vendors and signs on Main ORDINANCE NO. 1567 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN MONT ANA PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING CHAPTER 12.22 ALLOWING SIDEWALK VENDORS AND SIDEWALK DISPLAYS ON PORTIONS OF MAIN STREET AND REVISING SECTION 12.12.020 TO ELIMINATE CONFLICTS WITH THE NEW CHAPTER. BE IT ORDAINED By the City Commission of the City of Bozeman, Montana that Section 1 The Bozeman Municipal Code Section 12.12.020 is hereby amended as follows: "12.12.020 Streets and pUblic places to be kept clear of obstructions and debris. Except as otherwise provided bv this Code. the streets, avenues, alleys and public places of the city, including sidewalks, shall at all times, except as othervdise provided in this chapter be kept free, clear and clean of all obstructions, debris, encumbrances and encroachments which hamper or interfere with the free and safe use thereof by the public." Section 2. The Bozeman Municipal Code is hereby amended by adding a chapter as follows: "Chapter 12.22 Downtown Sidewalk Encroachment Permit Program 12.22.010 Purpose and Intent. It is the intent of the City Commission. in enactina this ordinance to: A. Serve and protect the health. safety and welfare of the general public: B. Establish a uniform set of rules and reaulations for sidewalk businesses and advertisina in the Downtown Business District of the City of Bozeman that are fair and eauitable: and C. Develop a program that will enhance the overall appearance. ambiance and environment in the Downtown Business District of the Citv of Bozeman: 12.22.020 Definitions. For the purposes of enforcement of this Chapter. the following definitions apply: A. Block face means that portion of all City sidewalk frontina the streets alona Mendenhall. Main and Babcock Streets and Iving between avenues runnina in a north- south direction. --.------.- ..-------- ----.".---------..----- ........-. ..-- - ...- --.-.- .-.---. .....-..-..------. .--....-.---.---- ---... kS. Director means the Director of Public Service and includes the Director's authorized representative. &C. Encroachment means any fixture or device includina but not limited to a showcase. table. bench. rack. handcart. pushcart. sian. stall. which intrudes into or invades the public riaht of way. 6-:D. Portable Sian means any sian as defined by 18.65.020 which is set in the public riaht of way. &E. Public Riaht of Way means any area leaally open to public use includina but not limited to public streets. sidewalks. roadways. hiahwavs. parkwavs. allevs. parks as well as areas surroundina and immediatelv adiacent to public buildinas. EF. Sidewalk means all that area legally open to public use as a pedestrian public way between the curb line and the leaal buildina line of the abuttina property. F7G. Sidewalk Disolav means any showcase. table. bench. rack. sign. stall. kiosk or anv other fixture or device used for the purpose of displaying. exhibitina. carrvina. transportina. storina. sellina or offerina for sale anv food. beveraae. aoods. wares. merchandise. event or service upon a sidewalk. &H. Sidewalk Vendina Cart means anv handcart. pushcart. stall or any other mobile device that is used for the purpose of displaying. exhibiting. carrvina. transportina. storina. sellina or offerina for sale anv food. beveraaes. aoods. wares or merchandise upon a sidewalk. t-t.-J. SDecial Event means anv occasion includina but not limited to fairs. shows. exhibitions. city-wide celebrations. and festivals takina place within a specifically defined area of the City of Bozeman. 12.22.030 Encroachment on Public Riaht of Way - prohibited. Except as otherwise provided by this Code. it is unlawful to obstruct the public riaht of way with debris. encumbrances or encroachments of anv kind which hamper or interfere with the free and safe use or passaae bv the public. - 2 - 12.22.040 Exception - Downtown Business District. Vendors doina business on or between the north side of Mendenhall Street and south side of Babcock Street and on or between the east side of Third Avenue and the west side of Broadwav Avenue shall be allowed to use City sidewalks provided in this chapter. 12.22.050 Permit reauired. Upon application. the Director may authorize the use of the City's sidewalk in the area described in 12.22.040. All applications must include: A. A completed Public Riaht-of-Wav Encroachment Revocable Permit application includina the name of the applicant. name of the business, address upon which the encroachment will be located. a current mailina address and telephone number. Each permit must be renewed on an annual basis and the Director of Public Service shall have the right to refuse to renew any permits issued under this chapter. S. A letter from the owner, operator or manaaer of business immediately fronting the sidewalk where use is reauested arantina permission to place the encroachment at the reauested location: C. A sketch depictina, as accuratelv as possible. the size and location of all reauested items as well as other existina obstructions or improvements which would limit the free use of the sidewalk by pedestrians: D. A certificate of liabilitv insurance with a minimum coveraae of $750.000 for each claim and $1.5 million for each occurrence and which names the Citv of Bozeman and the State of Montana as additional insureds: and E. A valid City of Bozeman business license correspondina to the use reauested. 12.22.060 License or Approval Letter reauired. Anv applicant intendina to sell food or beveraaes must provide a copv of a Food Purvevor's License or an approval statement issued by the Gallatin City-County Health Department with the application for a permit under this chapter. - 3 - 12.22.070 Uses permitted under this chapter. A. It is the Permittee's responsibility to place any encroachments allowed under this chapter in a manner which ensures safe pedestrian and vehicular travel. All items permitted pursuant to this chapter shall be placed not less than two (2) feet from the curb. leave a minimum of five (5) feet of sidewalk aisle clear and shall not interfere with vehicular sight trianqles as set forth in Title 18 of this code. and as necessary for safe vehicular traffic. Additionally. all encroachments permitted under this chapter will be built and maintained in such a manner as to ensure the safety of the public. S. Permits mav be issued under this chapter for the followinq uses: 1- Benches: Anv benches must be placed flush to the corresponding building and must not proiect more than three (3) feet into the sidewalk. 2. Portable sians: These sians must not exceed a heiqht of five (5) feet or a width of three (3) feet. placed adiacent and perpendicular to the correspondinq buildinq and within four (4) feet of the business entrance: 3. Sidewalk Displays: With the exception of kiosks. displays must be placed flush aqainst the building. must not exceed six (6) feet in heiaht. and must be within four (4) feet of the business entrance: 4. Kiosks: kiosks must not exceed eiaht (8) feet in heiqht and must be placed in a manner so as not to interfere with free flow of pedestrian and vehicular traffic: 5. Bike Racks: Bike racks must not exceed a ten (10) bike capacitv with five (5) bikes per side and be placed so the parked bikes run parallel with the street: 6. Sidewalk Vending Carts: The Cart must be no more than three (3) feet wide. must be placed within 4.5 feet of the store face and may operate between 6:00 a.m. to and9:00 p.m. or until sunset whichever occurs first. All signaqe must be attached to the cart and shall not exceed 6 feet in lenath. The Citv. at its discretion and upon request. may allow the use of a portable sian. Vendina Carts will be allowed on Mendenhall. Main and Babcock Streets onlv and not Not more than one Cart will be allowed per City block face. 7. Tables and chairs: Tables used for the primarv purpose of consuming food or beverages must be no more than four (4) feet wide and set in a manner so that the chairs shall not extend more than five (5) feet into the Right of Way: 8. Hanaina pots: Pots for flowers or other miscellaneous items mav be hung from the rods extending from the liqht poles only. The bottoms of all pots must not be any lower than seven (7) feet and shall not block streets siqns in anv manner: 9. Miscellaneous items: The Director of Public Service mav permit other items as deemed appropriate. The Director shall place what restrictions the Director deems necessary to ensure the safe passage for pedestrian and vehicular traffic. - 4 - ---....-------- ."..,----.------ --.--.-..--- -- - -- - 12.22.080 Notification of Name or Address Chanae. All Permittees will ensure that a current and correct name. residential address and mailinq address are on file with the Director. Should either the Permittee's name. business name or Permittee's address provided on the application chanqe. the Permittee must notify the Director within five (5) workinq days of such chanqe and provide the same with the accurate information, 12.22.090 Litterina and Trash Removal. A. Permittees will keep the sidewalks. roadways and other spaces adiacent to their sites or locations clean and free of paper. peelinqs and refuse of any kind qenerated from the operation of their businesses, B. Permittees enqaqed in food vending will make available a receptacle for litter. The Permittee will reqularly emptv and maintain the receptacle and mark it appropriatelv to provide proper notice to the public of its purpose, Uoon ceasina ooerations for the day. Permittees will ensure the area immediatelv adiacent to the site is thorouahlv clean and free of debris. Final/v. Permittees must remove aI/ debris and trash from the area and will not use trash receotacles without oermission from the owner. 12.22.100 SDecial event or temoorarvoccasion Dermits. The Director may issue a temoorarv permit ror those for soecial or temoorarv events which may take olace in the downtown area occasions when an oroanization is gponsorino an occasion. includinq but not limited to "Crazv Davs," "Taste of Bozeman," and "Music on Main." -the Director ma'V', uoon application bv the organization, issue a temporary permit for that e'V'ent. A permit will be issued under this chapter on Iv upon revie'v'i' of Title 12 Chapter 82 OMC Bnd a determination bv the Director that said chapter is not applicable to the occasion. Should the Director determine a temoorarv oermit is aoolicable for any reason. the Director may waive any of the reauirements set forth in this Chaoter the Director feels are inaoolicable or contrary to the ourooses of this Chaoter. 12.22.110 Suspension and Revocation of License. A. The Director may suspend or revoke any permit issued under this Chapter for any of the followinq reasons: - 5 - -- -------- _.. u_ --..-.-.. n__ _______. .... - 1. Fraud. misrepresentation or a knowinalv false statement contained in the application for the permit: 2. Conductinq any activity in any manner contrary to the conditions of the permit: 3. Conductina any permit activity in such a manner as to create a public nuisance, cause a breach of the peace. constitute a danaer to the public health. safety. welfare or morals. or interfere with the riahts of abuttina property owners; 4. Failure to reaularlv empty and maintain a litter receptacle; 5. Cancellation of the Gallatin City-County Health Department's authorization for a food or beveraae vendina unit: or 6. Failure to comply with any provision in this chapter. S. Should the Director decide to exercise the riahts aiven under this chapter. notice may be delivered in person or mailed to the address provided on the application. The Director shall state all reasons for the decision to revoke or suspend the permit and the lenath of the suspension, if any. C. The Permittee will have three (3) days from the date of receipt of the letter to file a written response to the Director's letter or to remove all items from the City's sidewalk. Failure to respond to the Director's letter or to remove the items from the city's sidewalk will be cause for the Director to order the property removed by local law enforcement or the Code Compliance Officer. The property shall be considered evidence and will not be returned until the resolution of any citations issued under BMC. D. Should the Permittee fail to pick UP the letter for a period of five (5) working days after it has been mailed. the Director may then direct the Code Compliance Officer or law enforcement to remove the Permittee's property from the City's sidewalks. E. Should the Director determine the Permittee's property presents a safety hazard or reauires an immediate remedy including but not limited to sidewalk maintenance. then in that event. the Director may order the property removed immediately by local law enforcement or the Code Compliance Officer. - 6 - 12.22.130 Appeal Procedure Any Permittee will have the riaht to appeal the denial. suspension or revocation of any permit to the Citv Manaaer. The Permittee will make the appeal within ten (10) days after receivina notice of the denial. suspension or revocation by filina a written notice with the Citv Manaaer. 12.22.140 Enforcement - penalties. In addition to the foreaoina, it is a misdemeanor for any person to violate the provisions of this chapter. All violators shall be subiect to aeneral penalties as defined bv BMC 1.16.010. Upon conviction, the Court shall order the permit revoked for the remainder of the vear in addition to anv other sentence imposed bv the court." Section 3 Repealer All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. Section 4 SavinQs provision This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. Section 5 Severability If any portion of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions of this ordinance which may be given effect without the invalid provisions or application and, to this end, the provisions of this ordinance are declared to be severable. Section 6 Effective Date This ordinance shall be in full force and effect thirty (30) days after final adoption. - 7 - .. - .- PASSED by the City Commission of the City of Bozeman, Montana on first reading at a regular session thereof held on the 12th day of August 2002. STEVEN R. KIRCHHOFF, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, on second reading at a special session thereof held on the 9th day of September 2002. sid;R~ ATTEST: ~J~ ROBIN L. SULLIVAN Clerk of the Commission ~ 8 ~ ------------------------ -- ------------