This section of the Village Code needs to be changed to allow residents and visitors to enjoy our street scapes!
This video demonstrates that the change will not interfere with pedestrian traffic.
Village Code 58:11:F(4)(a) (a) The proposed sidewalk cafe will not unreasonably interfere with the pedestrian traffic and will occupy and use no more than 50% of the public concrete sidewalk, with the decorative brickwork being excluded from this calculation.
F. Sidewalk cafes. [Added 5-6-1996 by L.L. No. 2, 199668]
(a) No sidewalk or outdoor cafe shall be allowed to operate in any outdoor area unless a permit has been obtained from the Village Clerk and permission has been granted by the Village Board of Trustees.
(b) Any request for a permit to operate a sidewalk cafe shall be made, in writing, to the Village Board of Trustees.
(3) Application for permit. The written request/application may, at the Village Board of Trustees’ discretion, contain the following information:
(a) The proposed sidewalk cafe will not unreasonably interfere with the pedestrian traffic and will occupy and use no more than 50% of the public concrete sidewalk, with the decorative brickwork being excluded from this calculation.
(b) The applicant has met all other applicable Building Code, 69 Zoning Ordinance and the Historic District’s Ordinance requirements.70
(c) The permit holder shall be bound by all applicable rules, regulations, ordinances, local laws and statutes and shall have a current Monroe County Health Department permit.
(d) The permit shall be valid for one calendar year beginning in January and ending in December, regardless of the date of application. April 1 shall be the earliest date for placing tables and chairs on the sidewalk.
(e) A fee of $200 shall be paid upon application for a permit, with $50 being a nonrefundable administrative charge and with the remaining $150 being refunded upon denial of a permit or at the end of the calendar year if there are no penalties or fines imposed for violation of regulations.
(f) The applicant shall sign an agreement to repair, at the expense of the applicant, any damage caused to the sidewalk in the operation of the cafe.
(g) A hold-harmless agreement executed by the applicant and indemnifying the village against loss, including costs and expenses, resulting from injury to person or property as a direct or indirect result of the operation of the cafe or for such injury occurring on the premises occupied by the cafe is required. The applicant shall be required to obtain a protective policy of insurance in the amount of $500,000 covering said hold-harmless agreement. Said hold-harmless agreement shall be subject to the approval of the Village Attorney.
(h) Upon the request of the Village of Brockport, tables and chairs are to be removed from the sidewalks at any time during the season for special events or emergencies.
69 Editor’s Note: See Ch. 10, Building Construction Code.
70 Editor’s Note: See § 58-23, Historic preservation.
(5) Cafe regulations. A cafe authorized and operated pursuant to this Article shall:
71 Editor’s Note: See Ch. 55, Noise.
72 Editor’s Note: See Ch. 55, Noise.