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HomeMy WebLinkAboutBill 26-16 Addressing Sidewalk Cafes Under the Americans with Disabilities ActCITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS Eric Horvath, Director May 23, 2016 Mr. Tim Scott Council President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 Re: Ordinance To Amend South Bend Municipal Code Addressing Sidewalk Cafes Under the Americans with Disabilities Act (ADA) Dear Council President Scott, Attached for filing with the South Bend Common Council is an Ordinance to amend the South Bend Municipal Code at Chapter 18, Article 1 Section 18 -5 to ensure that sidewalk cafes and any decorative materials or other sidewalk barriers are placed so as to meet current federal Americans with Disabilities Act (ADA) Guidelines. The attached ordinance is substantially similar to Bill No. 25 -16 which was recently withdrawn by the Administration. The difference between Bill No. 25 -16 and the attachment is the Code Section affected by the amendment. Chapter 18, Article 1, Section 18 -5 applies city -wide. Either I, or Director of Public Works Eric Horvath, will present this Bill to the Common Council at its appropriate committee meeting and at the public hearing during the Common Council's regular meeting. Thank you for your consideration of this matter. Sincerely, atrick C. Kerr, PhD, PE City Engineer Filed in Clerk's Office KAREEE,/;,t -r CITY CLERK, � �}s' .# � � � �D, IN 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 including persons with disabilities, or will interfere with pedestrians or with persons in wheelchairs traveling along the sidewalk, the Board shall refuse the application for a permit. {e) The permit issued by the Board shall state the name, address and location of the business of the permittee, and in any instance the Board may require that the permittee therein named shall indemnify and save the City harmless against all liability which may result to the City in consequence of the granting of such permit. (#)-W The fee for such permit shall be the sum of ten dollars ($10.00) for a period of one (1) year from the date of issuance. (g) kh) Any application for a permit or any permit issued hereunder may be refused, revoked or suspended by such Board pursuant to the provisions of this Code. Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and any publication required by law. Member of the Common Council Attest: Kareemah Fowler, City Clerk Presented by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana on the day of , 2016, at o'clock —.m. Approved and signed by me on the o 'clock . m. i3f nL'iiUitiV PUBLIC HEARING 3 rd READING NOT APPROVID REFERRED PAt5ED Kareemah Fowler, City Clerk day of , 2016, at Pete Buttigieg Mayor of the City of South Bend, Indiana Fled in Clerk's Office MAY 2 5 Q1 71 2 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN Filed in Clerk's office 5bg Fill, 5 J i� Bill No. 'VVLER CITY CL fII�, ; F 7 t t�ENG, IN 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 -5 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. (d)_ Ue 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 including_ persons with disabilities, or will interfere with pedestrians or with persons in wheelchairs traveling along the sidewalk, the Board shall refuse the application for a permit. -(e) fDThe permit issued by the Board shall state the name, address and location of the business of the permittee, and in any instance the Board may require that the permittee therein named shall indemnify and save the City harmless against all liability which may result to the City in consequence of the granting of such permit. W�g) The fee for such permit shall be the sum of ten dollars ($10.00) for a period of one (1) year from the date of issuance. (g) (h) Any application for a permit or any permit issued hereunder may be refused, revoked or suspended by such Board pursuant to the provisions of this Code. Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and any publication required by law. Member of the Common Council Attest: Kareemah Fowler, City Clerk Presented by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana on the day of , 2016, at o'clock —.m. Approved and signed by me on the o 'clock . m. 1 it READING PUSUC WARING 3 rd READING NOT APPROVED RMRRED n mSED Kareemah Fowler, City Clerk day of Pete Buttigieg Mayor of the City of South Bend, Indiana 2 2016, at Filed in Clerk's Office MAY E 5 2Q�6 KAREEMAH FOWLER CITY CLERK, SOUTH BENI z