11.29.050 Permits for Use of Pedestrian Mall

(a) Business establishments occupying property abutting on a pedestrian mall may apply for a permit from the Public Works Director or designee in accordance with Chapter 17.08 to use the portion of the pedestrian mall fronting their property for the purpose of restaurant seating and/or outdoor merchandise display, provided they meet the requirements set forth in the permit, including indemnity and insurance requirements, and the following conditions:

(1) All furniture and fixtures placed within a pedestrian mall shall be removable in nature to allow for the full extent of the pedestrian mall to be used for the purpose of special events, required maintenance, or other City purposes and must be removed at the request of the Public Works Director or designee within 48 hours of receiving notice.

(2) Physical Delineation of Area. The physical extent of the business encroachment may be clearly delineated by physical means, which, if either required or voluntarily placed, shall be approved as part of the encroachment permit and designed to be decorative, durable, removable and minimize tripping hazards.

(3) Clearance. No furniture and fixtures may be placed within the center emergency vehicle access lane of the pedestrian mall, the dimensions of which shall be determined by the Public Works Director or designee.

(4) Site Maintenance. Restaurant seating areas and outdoor merchandize display areas shall be maintained free of litter, refuse, and debris. The area shall be scrubbed and mopped to remove any food or drink stains on a daily basis. Such cleaning shall be performed in accordance with the City's Stormwater Management and Discharge Control Program, which prohibits any discharge other than stormwater into the stormwater drainage system. Failure to maintain the site shall be cause for termination of the encroachment permit.

(5) Encroachment Fee. The applicant shall pay an annual fee in the amount set forth in the City's Comprehensive Fee Schedule.

(6) Accessibility. Restaurant seating and merchandise display areas shall meet accessibility requirements for the disabled.

(b) Special Events on a pedestrian mall may be permitted subject to the requirements of Chapter 17.34.