§ 5.27. Private use of sidewalks.  


Latest version.
  • (a)

    Encroaching on Sidewalks. No part of any sidewalk shall be taken for private use by lowering or cutting down the same next to the building, or railing off the same, or by shutting off the public from passing over the same, and such sidewalks shall not be raised up next to the building by constructing platforms on the same, but such sidewalks shall be built flush to the building on a uniform grade as herein provided. Entrances to areas and basements and flights of stairs or steps may be made which shall extend into or upon the sidewalk not more than two feet next to the building, and the width of the steps, stairs or entrances, in sidewalks, to areas and basements shall not be more than four feet. Such steps, stairs or entrances shall be securely protected, and no open space next to the building other than an entrance way to areas and basements is permitted.

    (b)

    Sidewalk Cafes.

    (1)

    Permit Required. No person shall operate or maintain a sidewalk cafe on property occupied, maintained or controlled by the City of Elmhurst without first having obtained a permit therefor from the City Clerk upon the approval of the City Manager. Application for such permit shall be made on forms provided by the City Clerk by the owner of the property on which such sidewalk cafe is to be operated or maintained or by the lessee thereof. Such permit shall be issued in accordance with the standards established herein.

    (2)

    Standards for Issuance. The City Manager shall not approve any sidewalk cafe permit nor shall such permit remain valid unless the applicant satisfies the following conditions throughout the term of the permit:

    (i)

    Submittal of evidence of general liability insurance with limits of not less than one million dollars ($1,000,000.00) with coverage as approved by the City Attorney. Such insurance shall be issued by a company authorized to do business in Illinois and shall show the City as an additional insured. The policy shall not be cancelled unless thirty (30) days prior written notice is given to the City;

    (ii)

    Approval by the Building Department of the plans for placement of tables, chairs and related items to ensure safe and sufficient space for pedestrian traffic and access to parked vehicles;

    (iii)

    Compliance with all applicable regulations of the DuPage County Department of Health;

    (iv)

    The washing of the entire sidewalk fronting on the establishment at which the sidewalk cafe is located as needed (as determined by the Building Department) in such a fashion as to remove all substances which may stain the sidewalk;

    (v)

    Payment of a permit fee in the amount of one hundred dollars ($100.00) per calendar year;

    (vi)

    Satisfactory passage of periodic inspections of the sidewalk cafe and sidewalk on which the same exists to assure compliance with subsections (b)(3)(ii) through (b)(3)(v) of this Section.

    (3)

    Term of Permit. A sidewalk cafe permit shall be for a fixed term established at the time of issuance not to exceed the eight-month period of April 1 through November 30, provided, however, that the City Manager may extend or reduce the term of sidewalk cafe permits issued in a calendar year if, in the City Manager's discretion, the extension or reduction of such term is in the public interest. Only one such permit shall be issued to the same applicant for the same premises each calendar year, unless earlier revoked pursuant to this Section.

    (4)

    Revocation. The City Manager may revoke any permit issued if he shall determine that the permit holder has failed to maintain the standards for issuance required by this Section. The City Manager's decision to revoke a permit may be appealed to the Mayor, whose decision shall be final, provided that the revocation by the City Manager shall remain in effect until such time as the Mayor shall reverse same.

    (5)

    Licensed Liquor Establishments. Holders of liquor licenses issued by the City, in addition to the requirements herein set forth, shall be required to obtain the approval of the Liquor Control Commissioner prior to the issuance of a sidewalk cafe permit, as required under Chapter 36 of this Code.

    (1/2/96; Ord. 3-99 § 1; Ord. 21-2006 §§ 1—4; Ord. 16-2007 § 1)

(Ord. No. 10-2012 § 1, 4-16-2012)