Sec. 18-80 - Sidewalk Cafes
Sec. 18-81. Declaration of necessity and intent.
It is hereby found and declared that:
(1) There exists the need for outdoor eating establishments (sidewalk cafés) in certain areas of the town to provide a unique environment for relaxation and food and/or beverage consumption.
(2) The existence of sidewalk cafés encourages additional pedestrian traffic to these areas.
(3) The presence of sidewalk cafés may however impede the free and safe flow of pedestrian traffic and thus there is a need for regulations and standards for the existence and operation of sidewalk cafés to facilitate and ensure a safe environment in these areas.
(4) The establishment of permit conditions and safety standards for sidewalk cafés is necessary to protect and promote the general health, safety and welfare of the residents of the town and is granted only to the extent the town enjoys a possessory interest in the sidewalks pursuant to a lease agreement for that purpose by and between the town and the State of Florida Department of Transportation.
Sec. 18-88. Permitted areas; conditional permit; town manager's right to remove sidewalk cafés.
(a) Sidewalk cafés shall only be located where permitted by the town's zoning ordinance and land development regulations, as same may be amended from time to time.
(b) The approval and issuance of a sidewalk café permit is conditional at all times and shall serve as an exception to sections 18-26
, and 54-64
(c) It shall be unlawful for any person to operate a sidewalk café without a valid permit as required by this division. No permit shall issue without a landlord's prior written approval.
(d) The town manager shall have the right to immediately remove, after 24-hours written and/or verbal notice to the permittee, any sidewalk café furniture used in connection with a sidewalk café which is operating without a valid permit.
(e) The town manager may cause the immediate removal, relocation, and/or storage of all or part of a sidewalk café in emergency situations or for public safety considerations.
(f) The town manager may require the temporary removal and/or relocation of all or part of a sidewalk café when street, sidewalk, or utility repairs, or other public construction, necessitates such action. If such temporary removal exceeds 15 days, the town manager shall pro-rate the remaining permit fee for each additional day the sidewalk café (or portion thereof) is removed and apply a credit toward the following year's permit fee or, upon written request by the permittee, refund the remaining fee to the permittee.
(g) Upon written and/or verbal notification by the town manager of a hurricane or other major weather event, or the issuance of a hurricane warning by Miami-Dade County, whichever occurs first, the permittee shall, within no more than four hours of same, remove and place indoors all tables, chairs and any other sidewalk café furniture located on the right-of-way. The notification by the town manager of a hurricane or other major weather event, or the issuance of a hurricane warning, shall constitute a public emergency situation as referenced in this division. The town manager may remove, relocate, and/or store any sidewalk café furniture found on the right-of-way that has otherwise not been removed by the permittee pursuant to this subsection. Any and all costs incurred by the town for removal, relocation and/or storage of sidewalk café furniture shall be the responsibility of the permittee. Sidewalk cafés will not re-open for business following a hurricane or other major weather event until notified by the town manager. Violation of this subsection (g) shall result in the issuance of an immediate $1,000.00 fine, and/or suspension, for up to 30 days, of the sidewalk café permit.