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 Shelby
 Code of Ordinances
 Chapter 10. BUSINESS
 Article III. SIDEWALK CAFES
 Division 3. OPERATION

  § 10-132. Operational requirements.  

Latest version.

  • Operation of a sidewalk cafe shall conform to the following requirements:

    (1)

    There shall be a five-foot-wide unobstructed contiguous walkway within the public sidewalk area for use by pedestrians, and handicapped accessibility shall be provided as required by law. The outdoor activity shall not impede pedestrian or vehicle traffic.

    (2)

    All tables, chairs and other items shall be placed so as to not present a sight hazard to vehicular traffic or a hazard to pedestrians. Use of public amenities such as benches or seats is prohibited. Further, tables and chairs used for sidewalk cafe operation shall be constructed and utilized so as to protect the public safety. Furniture material must be of a commercial grade, sturdy, safe, of quality workmanship, must aesthetically complement the permittee's property, and must not be out of character with the business district where the furniture will be located. A temporary physical barrier, as approved and authorized by the city manager in the aforementioned permitting process, may be erected separating the permitted area from the unobstructed contiguous sidewalk.

    (3)

    All outdoor dining furniture, including tables, chairs, umbrellas and planters, shall be movable. Umbrellas must be secured with a minimum base weight of not less than 60 pounds.

    (4)

    The city manager may allow tables, chairs and other permitted items to remain in place as permitted on a year-round basis provided that the sidewalk café premises is maintained free of litter, debris, leaves, acorns, and food and drink stains and the sidewalk is kept in a clean manner by the permittee. No materials whatsoever shall be stored on the sidewalk or within the public right-of-way.

    (5)

    Amplified sound equipment shall not be permitted within the area of the sidewalk cafe.

    (6)

    At all times the permittee must comply with all other local, state or federal laws, ordinances and regulations, including but not limited to health, safety and welfare rules, laws and regulations.

(Ord. No. 25-98, § 6, 6-1-1998; Ord. No. 9-2009, Amds. 2, 3, 2-16-2009; Ord. No. 18-2014, 4-7-2014; Ord. No. 49-2014 , 12-1-2014)

State law reference

Noise regulation, G.S. 160A-184.