Sec. 35-19.1. Sale and display of merchandise or placement of items within public right-of-way in the downtown business district.
(a) In order to help encourage the growth and development of businesses in the downtown business district, a business may apply for an annual permit allowing the business to display goods, wares or merchandise, or to place showcases, menu easels, benches or tables and chairs for customers, signs and similar items within the public right-of-way adjacent to the business.
(b) Any business in the downtown business district that desires to place items in the public right-of-way shall make written application to the department of public works. The application shall contain the following information:
(1) The name, address, and telephone number of the business, (2) a description of and the proposed location of the items, (3) the name, address and telephone number of the person that will be responsible for overseeing the placement and removal of the items in and from the public right-of-way, and (4) any other information the department of public works decides is necessary to determine if the items can be safely placed in the public right-of-way.
(c) If, in the opinion of the department of public works, the proposed items can be located in the public right-of-way without endangering the public safety an annual permit shall be issued allowing the placement of the items in that portion of the public right-of-way that is adjacent to the business submitting the application. Such items shall be located so as not to cause any inconvenience or danger to persons using the public right-of-way or create unsightly conditions. All items placed on a public sidewalk shall be located in such a manner as to leave at least four (4) feet of clearance between the item and edge of the curb. Items shall not be placed within three feet of any public area that is improved with flowers, shrubs, trees or other landscaping. A permit shall state whether or not the items can remain in the public right-of-way for a twenty-four (24) hour period or must be removed at the end of the business day. A business that receives a permit to place items in the public right-of-way shall keep the permit on the premises and shall allow city representatives to inspect the permit during regular business hours.
(d) No item placed in the public right-of-way shall be used for the advertisement, display or sale of alcohol or tobacco products or for the consumption of any alcoholic beverage.
(e) A permit shall be revoked upon a finding by the department of public works that the items located in the public right-of-way cause any inconvenience or danger to persons using the public right-of-way or create an unsightly condition. A permit may also be revoked if any of the information supplied on the application is discovered to be false or misleading or if the applicant fails to maintain the insurance required in paragraph "f" of this section. Upon notification that its permit has been revoked the business, at its sole expense, shall immediately remove all items from the public right-of-way and restore the right-of-way to its former condition. If a business fails to remove items that were placed in the public right-of-way after having been notified to do so the city may remove such items at the expense of the business.
(f) Before placing any items in the public right-of-way the business must execute an agreement holding the city harmless against all claims for personal injury or property damage resulting from the use of the public right-of-way and must furnish the city with a certificate of insurance with general liability and property damage coverage in such amount and form as shall be approved by the city's risk management coordinator. The certificate of insurance shall include the City of Lynchburg, its officers and employees as additional insureds.
(g) This section shall not apply to newspaper vending machines and public telephone facilities; however, such items must be located in such a manner so as not to cause any inconvenience or danger to persons using the public right-of-way.
(h) A violation of this section shall constitute a class 3 misdemeanor. Each day such violation is committed or permitted to continue shall constitute a separate offense. (Ord. No. O-83-045, § 1, 3-8-83; Ord. No. O-97-083, 5-13-97)
Last updated date: 10/23/2006 4:15:21 PM