Sidewalk Cafe Ord. & Info
ORDINANCE NO. 43-05
AMENDING CHAPTER 41 STREETS, SIDEWALKS AND OTHER PUBLIC
PLACES OF THE CITY OF DUBUQUE CODE OF ORDINANCES
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE
CITY OF DUBUQUE, IOWA AS FOllOWS:
Section 1. Chapter 41 of the City of Dubuque Code of Ordinances is hereby
amended as follows:
Sec. 41-182 (a) is amended to read as follows: A sidewalk cafe area shall
not extend onto the sidewalk in a manner that will not allow a minimum of four
feet (4') of unobstructed sidewalk adjacent to the street for pedestrian use.
Sec. 41-182 (d) is amended to read as follows: Any table, chairs, and
other items that are used outdoors shall be secured within the sidewalk cafe area
at the end of each day's operation of the sidewalk cafe area so that they are
unusable and do not block or obstruct emergency exits from any building.
Sec. 41-185 (d) is amended to read as follows: The operation of the
sidewalk cafe shall not obstruct the pedestrian right of way adjacent to the
sidewalk cafe area. No sidewalk cafe furniture or barricade shall be placed
closer than four feet (4') to a street, light pole, meter pole or other infrastructure
so as to create an unobstructed route of less than four feet (4') in width. The
sidewalk cafe shall be enclosed by a barricade not less than thirty (30") inches
high and not more than forty (40") inches high. A sidewalk cafe shall remain
within the approved boundaries of the sidewalk cafe area as shown on the
restaurant owner's application.
Passed, approved and adopted this 20th day of June, ,2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
DUB~E
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MEMORANDUM
June 1, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Sidewalk Cafe Policy
Assistant City Manager Cindy Steinhauser is recommending that the City ordinance for
sidewalk cafes be modified to require a four foot minimum width of unobstructed
sidewalk with a straight travel path to create room for physically challenged persons.
She further recommends that anchored fencing no longer be allowed.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
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MEMORANDUM
May 26, 2005
FROM:
Michael C. Van Milligen, City Manager
Cindy Steinhauser, Assistant City Manage~
Sidewalk cafe policy
TO:
SUBJECT:
Introduction
The purpose of this memorandum is to recommend a revision to the sidewalk cafe
ordinance.
Backaround
On July 2003 the City Council approved an ordinance allowing for the creation of
sidewalk cafes in C-4, C-5, OC districts and at the Port of Dubuque District. Attached is
a copy of the ordinance that authorized the establishment of sidewalk cafes. The
purpose of the ordinance was to create uses, such as sidewalk cafes, that work to
create an attractive, safe, accessible, pedestrian-oriented urban neighborhood for
visitors, residents and workers.
Discussion
Since the creation of the ordinance, two downtown businesses have applied for and
created a sidewalk cafe outside their business. City staff have monitored the
effectiveness of the original ordinance as well as citizen concerns received. The most
common concern raised is that the 3' minimum of unobstructed sidewalk is not sufficient
room for physically challenged persons to navigate. Attached is a memo from Human
Rights Director Kelly Larson indicating that the Americans with Disabilities Act
Accessibility Guidelines (ADAAG) requires an unobstructed route that is a minimum of
36" in width but additional space is necessary when maneuvering around an object such
as a light or meter pole. The guidelines further indicate that turns require greater
maneuvering space. In reviewing this matter with Human Rights and Engineering
departments, it is city staff's recommendation that the sidewalk cafe ordinance be
amended to provide for a four feet (4') minimum width of unobstructed sidewalk with a
straight travel path. The minimum width would begin from the base of any lightpole, or
meter, not the curb. This recommendation has been reviewed with Dubuque Main
Street Ltd. and they are in concurrence with the recommendation of 4' minimum width.
In addition, city staff is recommending that anchored fencing no longer be allowed.
Improvements to downtown sidewalk design, including the use of colored concrete,
would be damaged with the installation of anchored fencing and would be difficult to
match when replaced. The result would be a patchwork of colored concrete that doesn't
match. City staff has developed a satisfactory and affordable alternative for anchoring
the sidewalk cafe fencing that will not damage the concrete and will be recommending
this for applicants who initially wanted to anchor their fence into the sidewalk.
Request
The requested action is for City Council to amend Section 41-182 as proposed.
Cc: Barry Lindahl, Corporation Counsel
Laura Carstens, Planning Services Manager
Mary Rose Corrigan, Public Health Specialist
Gus Psi hoyos, City Engineer
Kelly Larson, Human Rights Director
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MEMORANDUM
May 27, 2005
To: Cindy Steinhauser, Assistant City Manager
From: Kelly Larson, Human Rights Director
Subject: Sidewalk Cafe Ordinance and ADA
The purpose of this memorandum is to propose changes to the sidewalk cafe ordinance
to ensure that the pedestrian right of way remains readily accessible to and usable by
people with disabilities, as required by the Americans with Disabilities Act (ADA).
Backqround
Last year, the City enacted an ordinance permitting sidewalk cafes. Thereafter, some
questions were raised at the City's ADA/504 Committee meeting regarding the
accessibility of the pedestrian route abutting one of the sidewalk cafes that had been
installed.
The ADA requires that all programs offered by a city be readily accessible to and usable
by people with disabilities. City sidewalks are considered a "program" of the City and,
as such, must meet this requirement. The Americans with Disabilities Act Accessibility
Guidelines (ADAAG), promulgated by the U.S. Access Board and adopted by the
Department of Justice, provide some technical standards for achieving accessibility.
The current ADAAG does not address the public right of way. It does address
"accessible routes" in buildings and sites. The ADAAG accessible route standard
requires an unobstructed route that is a minimum of 36 inches, and further notes that
additional space is necessary when a person must make a turn around an obstruction.
Protruding objects can encroach on the 36 inch path up to four inches, but only for a
distance of less than twenty four inches. Limited encroachments of this nature cannot
require turns, but must instead allow for continuous, straight passage running adjacent
to the encroachment.
Our current sidewalk cafe ordinance requires a 36 inch route, but does not specify that
continuous straight passage is also required Consequently, we have cafes in existence
and being planned that require maneuvering around streetlights or railings as people
progress down the sidewalk. I do not believe this complies with the accessible route
standard set forth in ADAAG
Discussion
One possibility is to amend our ordinance to clarify that the thirty six inch route must be
a straight, unobstructed path. I recommend against this option, as I do not believe it
provides adequate accessibility for people with disabilities, and I question whether it is
even defensible for a public sidewalk for the following reasons.
First, the ADAAG accessible route standard was not designed with public-rights-of-way
in mind. The Access Board has acknowledged that when these guidelines were
developed, they were focused mainly on facilities on sites. Thus, "[w]hile they address
certain features common to public sidewalks, such as curb ramps, further guidance is
necessary to address conditions unique to public rights-of-way." Consequently, the
Board is developing standards for public-rights-of-way to address this oversight. These
standards are the proposed public-rights-of-way accessibility guidelines (PROWAG).
The PROWAG would require a minimum clear width of 48 inches, excluding the width of
curbs, and would not allow any protruding objects to reduce that clear width. This 48
inch path would run adjacent to, not around, items such as streetlights, meters, and so
on.
Similarly, the U.S. Department of Transportation Federal Highway Administration
(FHWA) has published a guide for accessible sidewalks. According to the FHWA,
pedestrian walkways should be six to ten feet wide in heavily traveled areas and "[t]he
pedestrian zone should never be less than 1.2 m (4 ft), which is the minimum width
required for people using a guide dog, crutches, and walkers. Wheelchair users need
about 1.5 m (5 ft) to turn around and 1.8 m (6 ft) to pass other wheelchairs." The FHWA
also indicates that this four foot path should run adjacent to and not around such items
as streetlights, meters, hydrants, and so on because "[t]he intent is to ensure that the
pedestrian travel zone is free of ALL obstacles." (emphasis original).
While both of these documents are not yet binding regulations, they are the only
existing guidance specific to public-rights-of-way. Because the law requires the City to
ensure accessibility and because the current ADAAG does not specifically address
accessibility of public rights of way, I do not believe we should follow the narrowest
possible interpretation of the law. One could easily argue that cities should be ensuring
accessibility of sidewalks by following the more specific standards that are set forth in
the PROW AG and the FHW A guidance, rather than the standards that were not
intended to address public sidewalks.
Recommendation
I would recommend that the ordinance be amended to require the maintenance of a
sidewalk that provides 48 inches in clear width, running in a straight, continuous path
adjacent to the portion of the streetscape that includes the curb, streetlights, and
meters.
In addition to changing the width of the sidewalk, we may want to consider additional
changes to the sidewalk cafe ordinance. ADAAG requires a barrier free zone from 27
inches to 80 inches in height along the accessible route. In addition, ADAAG requires
that the sidewalk be wide enough to provide passing spaces measuring a minimum of
sixty inches by sixty inches at least every 200 feet. This latter requirement could impact
cafes that run the length of a building, or cafes that exist adjacent to one another.
These requirements are in one sense already incorporated in the ordinance by virtue of
a general provision requiring compliance with all other state and federal laws.
Nonetheless, explicitly addressing these issues in our ordinance would provide better
notice to business owners.
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ORDINANCE NO. -0'
AMENDING CHAPTER 41 STREETS, SIDEWALKS AND OTHER PUBLIC
PLACES OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING
THERETO A NEW DIVISION 6 SIDEWALK CAFES
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA AS FOLLOWS:
Section 1. Chapter 41 of the City of Dubuque Code of Ordinances is hereby
amended by adding thereto the following:
DIVISION 6. SIDEWALK CAFES
Sec. 41-179. Sidewalk Cafe Defined. Sidewalk cafe shall mean a group of
tables, chairs, barriers or partitions, trash containers and suitable
decorative devices maintained upon any part of the public right of way next
to a storefront used by an establishments with a valid food and drink
permit for the sale to the public of food, refreshments and beverages of all
kinds.
Sec. 41-180. Sidewalk Cafes Authorized:
(a) A sidewalk cafe in the public right of way may be operated only as set
forth in this Division.
(b) A sidewalk cafe in the public right of way shall be permitted only in
districts zoned C-4 Downtown Commercial District, C-5 Business District or
OC Office Commercial District or in the Port of Dubuque PUD District.
(b) The sidewalk cafe area must be contiguous with a side of a building
wherein a restaurant or food service establishment is located.
(c)Only restaurants or retail businesses where more that fifty percent (50%) of
the business conducted on the premises is the sale or dispensing of food or
retail items may request permission to operate a sidewalk cafe. The
phrase"business conductedon the premises" shall mean the total business
revenue generated on the premises during the previous calendar year.
Sec. 41-181 Sidewalk Cafe Permit:
(a) No restaurant owner shall operate a sidewalk cafe in the public right of
way without a permit therefore. The restaurant owner shall file an application
with the City Manager on a form provided by the City Manager. The owner
shall agree to abide by all state and local laws governing use of the public
right of way. The application for a new permit shall include the location of all
trees, poles, benches, grating and other amenities or obstructions in the right
of way, and the location of any proposed furniture or equipment. The
application shall be accompanied by a photograph or detailed renderings of
the sidewalk cafe area and all proposed tables, chairs, barriers or other
furniture or equipment. The applicant shall pay a fee established by the City
Manager. The permit shall be for one 12-month period from the date of
issuance of the permit.
(b )The City Manager may revoke a sidewalk cafe permit upon written notice
to the restaurant owner for a violation of the conditions of the permit and after
a reasonable opportunity for the restaurant owner to remedy the violation has
expired. Grounds for termination of the permit include, but are not limited to, a
violation of state liquor control laws, a violation of this Code of Ordinances
including this Division, or the creation of a safety hazard, health hazard or
public nuisance. The City Manager may also terminate the permit if the City
Manager determines there is a substantial and reasonable need for use of the
public right of way where the sidewalk cafe area is located for a valid public
purpose.
(c) The restaurant owner shall provide a certificate of insurance with coverage
satisfactory to the City Manager and shall agree to hold the city of Dubuque,
its officers and employees harmless from and against any and all claims of
any kind arising out of the use of the public right of way.
Sec. 41-182. Sidewalk Cafe Area:
(a) A sidewalk cafe area shall not extend onto the sidewalk in a manner that
will not allow a minimum of three feet (3') of unobstructed sidewalk adjacent
to the street for pedestrian use.
(b) No tables and chairs shall be placed in street corner areas defined by
building lines extended to the street, and no closer than ten feet (10') from a
disabled ramp.
(c) The sidewalk cafe area shall be delineated by ropes or some other
temporary, suitable method which shall be clearly visible to pedestrians. Such
temporary delineation and all tables, chairs and other items shall be removed
at the end of each day's operation of the sidewalk cafe area, and the sidewalk
cafe area shall be restored to its normal condition as a pedestrian-way. No
materials shall be stored on the public right of way.
(d) The restaurant owner may submit a request to place anchored fencing in a
public sidewalk, subject to approval by the City Manager. Any tables, chairs,
and other items that are stored outdoors shall be secured within the anchored
fencing at the end of each day's operation of the sidewalk cafe area so that
they are unusable and will not block or obstruct emergency exits from any
building. The restaurant owner shall be responsible for any damages to the
sidewalk caused by the placement of any anchored fencing. A ($200) deposit
shall be required prior to the placement of any anchored fencing on a public
sidewalk and shall be returned when, in the judgment of the City Manager,
the sidewalk is restored to its prior condition.
(e) A sidewalk cafe area may not include any public amenities such as
benches, seats, tables or trash receptacles.
Sec. 41-183. Days And Hours Of Operation:
(a) A sidewalk cafe may be operated any time of the year.
(b) A sidewalk cafe shall be setup and operated each day only between the
hours of seven o'clock (7:00) A.M. and ten o'clock P.M. (10:00) Sunday
through Thursday and seven o'clock (7:00) A.M. and twelve o'clock (12:00)
midnight Friday and Saturday. The sidewalk cafe area shall be restored to
and maintained as a normal pedestrianway at all other times.
(c) Food and beverages shall be available for service to patrons in a sidewalk
cafe area during all hours of operation of the sidewalk cafe. Sidewalk cafes
shall not operate when the restaurant kitchen is closed.
Sec. 41-184. Sound Equipment:
Amplified sound equipment shall not be permitted in a sidewalk cafe area.
Sec. 41-185. Operation Of Sidewalk Cafes:
(a) The City Manager shall have the right in the City Manager's discretion to
limit the number of sidewalk cafe areas.
(b) Advertising shall not be permitted in the sidewalk cafe area except for the
name of the establishment, which may be placed on chairs, tables, umbrellas
or other amenities, as approved by the City Manager. The amenities used in
the sidewalk cafe area shall at all times be maintained in good condition.
(c) No building entrances or exits shall be blocked in a sidewalk cafe area.
(d) The restaurant owner shall not obstruct the pedestrian right of way
adjacent to the sidewalk cafe area. No sidewalk cafe furniture shall be placed
closer than three feet (3') to a street and have a barricade not less than thirty
(30") inches and not more than forty (40) inches high. A sidewalk cafe shall
.
remain within the approved boundaries of the sidewalk cafe area as shown on
the restaurant owner's application.
(e) The City Manager may require additional restroom capacity tor a
restaurant with a sidewalk cafe to comply with building and housing
requirements in this Code of Ordinances.
(f) Occupancy limits for sidewalk cafe area shall be determined as set forth in
criteria for outdoor service of alcoholic beverages on public right of way.
(g) The restaurant owner shall not be required to provide additional parking
for the operation of a sidewalk cafe.
(h) A sidewalk cafe area shall be subject to inspection at any time in the
discretion of the City Manager.
(i) A sidewalk cafe serving food or alcoholic beverages shall have an
employee monitoring the area at all times when alcohol is being consumed.
Service of food or alcohol beverages in a sidewalk cafe area shall be limited
to persons seated at tables in the sidewalk cafe area.
U) The restaurant owner shall be responsible for trash removal and shall
maintain the area and the area within five feet (5') of the sidewalk cafe area in
a clean and litter free manner during all hours of operation. The restaurant
owner shall restore the area and the area within five feet (5') of the sidewalk
cafe area to its normal condition as a pedestrian-way, free of litter after
operation of the sidewalk cafe each day.
(k) No permit shall be issued for a restaurant cafe area in the Port of Dubuque
PUD District unless such area complies with the Ice Harbor Urban Renewal
District Design Standards.
(I) The restaurant owner shall not in any way interfere with access to public or
city utilities located and/or operated within the public right of way.
(m) The operation of a sidewalk cafe shall conform to all applicable federal,
state, and local laws and regulations.
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MEMORANDUM
FROM:
Cindy Steinhauser, ASSi~Manager
Mary Rose corrigan~, Public Health Specialist
June 7, 2005
TO:
SUBJECT: Additional Sidewalk Cafe Information
Although the State does not require fencing for an outdoor cafe serving alcohol, City
staff believes it is in the best interest of the food service establishment and the public to
separate the sidewalk cafe from the right-of-way by a permanent fencing structure.
Reasons for a fence structure include:
. Without a fence, patrons may move tables and chairs out of the designated
sidewalk cafe area onto the right-of-way in order to accommodate their seating;
. Alcoholic beverages would not have a clear designated area for consumption
and would create a risk of open containers being taken or passed into the right-
of-way and public space;
. The public may walk through the sidewalk cafe during their course of travel;
. Monitoring of the area by staff would be more difficult;
. The designated sidewalk cafe areas have a limited number of chairs/patrons
allowed. Without the fencing, this would be more difficult to control and monitor.
MRC/cj
cc: Gus Psi hoyos, City Engineer
Jane Smith, Engineering Division
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