HomeMy WebLinkAboutAmending SBMC to assure sidewalk accessiblity for persons with disabilities near sidewalk cafesORDINANCE No. 1044= -16
Passed by the Common Council of the City of South Bend, Indiana
June 27, 20 16
Attest: \ President of Common Council
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Presented by me to the Mayor of the City of South Bend, Indiana
Approved and signed by me
June 28, - 20 16
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City Clerk
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Bill No. a (9 - I '0
Ordinance No. I C)`f 9-a- -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 CAFÉS
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 café, 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 cafés; 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.
(d) Outdoor cafés 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 café 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)(e)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
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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) aThe 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.
4W 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) Lhj 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 required by law.
Attest:
Fowler.IGity Clerk
Member of the Common Council
Presented by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana on the
day of il LAt— , 2016, at �'• SC�� o'clock .m.
areemah Fowler Crty Clerk
Approved and signed by me on the -1911---d of 2016, at
3
o'clock 'P . m.
Pete Bu
Mayor of the City of South Bend, Indiana
Filed in Clerk's Office
PUBLIC HEARING {o ��� �) e 2 LMAY 2'512016
3 rd READING Lp rl {_0
NOT APPROVED KAREEMAH FOWLER
REFOUM U/ J 3/ I to CITY CLERK, SOUTH BEND, IN
PAS Q Ve Ito