Chapter 5.80
SIDEWALK CAFES AND STREET BEAUTIFICATION PROJECTS
Sections:
5.80.020 Permit—Application—Fee.
5.80.040 Annual renewal—Nontransferable.
5.80.060 Liability insurance required.
5.80.070 Revocation of permits—Appeal.
5.80.010 Permit required.
It is unlawful to a) operate a sidewalk cafe or b) erect or maintain any shrub, plant, structure or container of any type or nature within public right-of-way in any commercial or industrial zoning district without a written permit to do so from the code administration manager or his/her designee. The permit required under this chapter is separate from and in addition to the business license issued under Chapter 5.52 YMC, which may also be required when applicable. (Ord. 2020-006 § 31, 2020: Ord. 97-34 § 2, 1997: Ord. 96-46 § 1, 1996: Ord. 3028 § 1 (part), 1987).
5.80.020 Permit—Application—Fee.
I.A. The owner or occupier of the property adjacent to a public sidewalk proposed for a sidewalk cafe may apply, in writing, for a sidewalk cafe permit to the code administration manager or his designee. Such person shall provide the following information on an application furnished by the code administration manager or his/her designee:
1. Name and address of applicant;
2. Scale drawing together with the address of proposed site of sidewalk cafe, including the number of tables and chairs;
3. Kind of business applicant operates on the adjacent property;
4. Schedule of days and hours of operation;
5. Proof of necessary permits in the operation of a food service establishment;
6. Whether an applicant plans to serve liquor within the proposed sidewalk cafe.
B. At the time of application, the applicant shall pay a nonrefundable fifty dollar permit fee.
II.A. The application for any street beautification permit may be made by any person, association, property owner, trade bureau, or other group of persons desiring to beautify a portion or segment of the city. The beautification endeavor may be sponsored by a group or association and may be on a group basis, area basis or district basis, but nothing contained hereby shall prohibit individual property owners from beautifying only that segment of the street right-of-way abutting their individual properties; provided the applicant receives written approval from abutting property owners of applicant’s intention to undertake the project prior to the time application is made. The applicant shall provide the following information on an application furnished by the code administration manager or his designee:
1. Names and addresses of any and all persons, firms or corporations participating in the street beautification project;
2. Scale drawings and specifications showing the construction, location, size, materials of construction, height if any above the street, sidewalk, alley or other public way, proposed plants or vegetation in the event of trees or shrubs are to be utilized, and all other details concerning the proposed improvements;
3. The extent or area of the district or section of the streets or sidewalks encompassed within the beautification project, together with the location of trees, shrubs, structures or containers in the district or area.
B. Any street beautification permit issued pursuant to this chapter shall be subject to the following regulations, in addition to any specially recommended by the city after studying the plans submitted in the application:
1. Non-portable plantings or other beautification improvements of a permanent nature shall be reviewed and approved by the district’s business association, if any, prior to making application.
2. The beautification project shall not contain any advertising material or signs.
C. There shall be no fee associated with the street beautification permit. (Ord. 97-34 § 3, 1997: Ord. 96-46 § 2, 1996: Ord. 3028 § 1 (part), 1987).
5.80.030 Permit issuance.
A. The code administration manager or his/her designee shall issue a sidewalk cafe permit or street beautification permit if he/she finds the information on the application true and correct, the applicant is otherwise in compliance with this chapter and the applicant agrees to any conditions on such permit.
B. The code administration manager or his/her designee may condition the issuance of such permit on any or all of the following factors in the interest of public health, safety and morals:
1. Dates and hours of operation;
2. Number and placement of chairs, tables and barriers; trees, shrubs, containers and structures;
3. Periodic cleaning of sidewalk area;
4. Accommodations of access and deliveries to other businesses;
5. Lighting and illumination.
C. Nothing in this chapter shall be construed to allow a sidewalk cafe or street beautification project where it is not otherwise allowed by law. (Ord. 97-34 § 4, 1997: Ord. 96-46 § 3, 1996: Ord. 3028 § 1 (part), 1987).
5.80.040 Annual renewal—Nontransferable.
A sidewalk cafe permit shall expire one year after its issuance. It shall be nontransferable. A street beautification permit shall continue until such time the permit is discontinued by the applicant or until revoked by the city. (Ord. 97-34 § 5, 1997: Ord. 96-46 § 4, 1996: Ord. 3028 § 1 (part), 1987).
5.80.050 Indemnity.
Prior to the issuance of any permit, the applicant for a sidewalk cafe and street beautification project, shall execute and deliver to the city upon a form supplied by the code administration manager an agreement in writing and acknowledged by the applicant forever to defend, indemnify and hold harmless the city and its employees and agents from any and all claims, actions or damages of every kind and description which may accrue to, or be suffered by, any persons by reason of or related to the operation of such sidewalk cafe or street beautification project. In addition, such agreement shall contain a provision that the permit is wholly of a temporary nature and that it vests no permanent right whatsoever. (Ord. 97-34 (part), 1997: Ord. 96-46 § 5, 1997: Ord. 3028 § 1 (part), 1987).
5.80.060 Liability insurance required.
Prior to the issuance of any permit, the applicant shall file with the code administration manager evidence of such policy shall be not less than one hundred thousand dollars for each incident of personal injury or death, three hundred thousand dollars aggregate coverage for any single accident or occurrence, and fifty thousand dollars property damage coverage. The city of Yakima shall be an additional insured party on such policy. Such policy shall insure against liability from injury or damage resulting from applicant’s occupancy of or activities on public right-of-way under the permit to be issued. Such insurance shall be maintained in effect during the term of the permit. (Ord. 97-34 § 6, 1997: Ord. 96-46 § 6, 1997: Ord. 3028 § 1 (part), 1987).
5.80.070 Revocation of permits—Appeal.
A. The code administration manager may revoke any permit issued under this chapter. Upon revocation, he/she shall give written notice to the permit holder that such permit is revoked. Such notice shall be given not less than thirty days prior to the effective date of revocation specified in such notice. The notice shall be in writing and state the reason for revocation and shall be personally delivered to the permit holder or mailed to the permit holder at his/her address specified in the application.
B. Prior to the effective date of the revocation, the permit holder may appeal such revocation to the city manager in writing. Such appeal shall be deemed waived unless it is made within the time and manner described in this section. Upon receipt of a timely appeal, the city manager shall hold a hearing, after written notice to the permit holder of the time, date and place of such hearing. He/she shall determine if there was adequate cause for revocation. Pending hearing, such permit shall remain in effect.
C. If the code administration manager finds that continued operation of a sidewalk cafe or street beautification project is unsafe or dangerous he/she may, in conjunction with such revocation, require the permit holder to a.) cease all sidewalk cafe operations immediately and remove all furniture barriers from the sidewalk area; and/or b.) remove any trees, shrubs, shrubs containers or structures, covered by the sidewalk cafe or street beautification permit. (Ord. 97-34 § 7, 1997: Ord. 96-46 § 7, 1996: Ord. 3028 § 1 (part), 1987).
5.80.080 Unlawful actions.
A. It is unlawful for a permit holder to fail to maintain the sidewalk area of a sidewalk cafe free of litter.
B. It is unlawful for a permit holder to fail to provide a pedestrian walking space immediately adjacent to the sidewalk cafe or street beautification project of one-half of the width of the total sidewalk area used for a sidewalk cafe or street beautification project.
C. It is unlawful for the permit applicant to furnish false information on a permit application for a sidewalk cafe or street beautification permit.
D. It is unlawful for a permit holder to fail to comply with any term or condition of a sidewalk cafe permit or street beautification permit.
E. It shall be unlawful for the applicant of a street beautification permit to fail to maintain the project during the full existence thereof. (Ord. 97-34 § 8, 1997: Ord. 96-46 § 8, 1996: Ord. 3028 § 1 (part), 1987).
5.80.090 Nuisance.
It shall be a public nuisance to operate or maintain a sidewalk cafe or street beautification project on the public right-of-way without a permit issued under this chapter. In cases of such public nuisance, the city may prosecute an action in the Superior Court for Yakima County for abatement, injunction or other appropriate remedy. (Ord. 97-34 § 9, 1997: Ord. 96-46 § 9, 1996: Ord. 3028 § 1 (part), 1987).