Bill 26-16 Addressing Sidewalk Cafes Under the Americans with Disabilities Act

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Bill No. Ordinance No. -16 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 18, ARTICLE 1, SECTION 18 -15 OF THE SOUTH BEND MUNICIPAL CODE TO ASSURE SIDEWALK ACCESSIBILITY FOR PERSONS WITH DISABILITIES NEAR SIDEWALK CAFES STATEMENT OF PURPOSE AND INTENT Chapter 18 Article 1, Section 18 -15 of the South Bend Municipal Code (the Code) involves rules and regulations for commercial use of sidewalks. The purpose of this ordinance is to ensure that use of a South Bend city sidewalk for an outdoor cafe, or for any other commercial use involving decorative materials and barriers, be done and arranged physically so that such sidewalk and pedestrian walkways meet current ADA guidelines prescribed by the United States Access Board. Now, Therefore, Be It Ordained by the Common Council of the City of South Bend, Indiana as follows: Section I. Chapter 18, Article 1, Section 18 -15 of the South Bend Municipal Code shall be amended to read in its entirety as follows: Sec. 18 -15. - Use of sidewalks for business purposes; sidewalk cafes; permit required; refusal, revocation or suspension of application or permit. (a) It shall be unlawful for any person without a permit from the Board of Public Works to use any sidewalk as a place of business or for any commercial purpose. (b) Application for a permit shall be signed by the applicant and be made to the Board of Public Works on such forms as required by such Board and shall contain the name and address of the applicant and the proposed location of the business. (c) Such application and the permit issued hereunder, shall conform to all the provisions of this Code and of any ordinance and of all regulations of the City and of all laws affecting the use and maintenance of such business. Outdoor cafes and seating areas shall be so located as to maintain maximum sidewalk width and clearance for wheelchair accessibility which shall exclude that portion of a sidewalk reserved as a "separated bike lane." Sidewalk clearance of at least five feet (60 inches ) is required between outdoor cafe seating structures, landscaping or other barriers and the curb or the closest edge of the separated bike lane. The Public Right Of Way Accessibility Guidelines (PROWAG) shall be followed if more restrictive. (-El)- oe In the event that such Board determines that such business or the proposed location of the same will be detrimental to the health, safety, or general welfare of the public