§ 12.12.295. Sidewalk cafes and sidewalk stand alone signs.

A.

It is unlawful to operate a sidewalk cafe or place stand alone signs within the central business district of the city of Oskaloosa, except as authorized in this section and when the city engineer or his designee has issued a sidewalk cafe permit or a sidewalk stand alone sign permit.

B.

The requirements of a sidewalk cafe permit are as follows:

1.

The sidewalk cafe area must be contiguous with any side of a building, wherein a restaurant or food service establishment is located, and shall be referred to as the "sidewalk cafe area."

2.

The sidewalk cafe, as part of the restaurant, must be licensed by the department of public health.

3.

A sidewalk cafe area must not extend onto the sidewalk in a manner that will not allow a minimum of six feet of unobstructed sidewalk adjacent to the street for pedestrian use. The table and chairs must not be greater than fifty percent of the sidewalk area closer than ten feet from an alley.

4.

Tables and chairs must be removed at the end of the business day. No materials shall be stored on the public right-of-way.

5.

The sidewalk cafe can be operated and used from April 1 thru October 31 during the year. Operation hours shall be within seven a.m. to eleven p.m.

6.

Sidewalk cafes can serve food and nonalcoholic beverages only when the restaurant kitchen is open.

7.

Alcoholic beverages are prohibited.

8.

Amplified sound equipment shall not be permitted.

9.

Each sidewalk cafe shall be required to provide a certificate of insurance satisfactory to the city, and shall agree to hold the city harmless against any and all liability arising from interruptions, accidents, or other actions arising from the sidewalk cafe operation.

10.

The city retains the right to limit the number of sidewalk cafes in "permitted uses" of this chapter.

11.

Advertising shall not be permitted in the sidewalk cafe area, except the name of the establishment on chairs, tables, or other amenities, as approved by the city. The amenities used in the sidewalk cafe areas shall be maintained in good condition. A sidewalk cafe may not utilize any public amenities, such as benches, seats, or trash receptacles.

C.

The requirements of a city sidewalk stand alone sign are as follows:

1.

The sign may not extend onto the sidewalk in a manner that will not allow six feet of unobstructed sidewalk adjacent to the street for pedestrian use.

2.

The sign may not be larger than three and one-half feet tall by two and one-half feet wide.

3.

The sign may not be placed within ten feet of an alley or any traffic control sign, such as stop signs, parking, speed limit, etc. and shall not be within six feet of any street or curb.

4.

The sign may not obstruct the view of any alleys, driveways, street intersections, etc.

5.

The sign shall not be lighted or sound amplified in any manner.

6.

The owner of the sign shall provide a certificate of insurance to the city and shall hold the city harmless from any liability arising from the sign.

7.

The city retains the right to limit the number of signs in the central business district and in no event shall any business be allowed more than one sign.

(Ord. 1219 §1, 2005)