ORD 2002-29 - Amend Section 25 Sidewalk Ordinance 11-19-2002ORDINANCE NO. 2002-29
AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING SECTION
25.01.02 "OBSTRUCTIONS GENERALLY" AND SECTION 25.01.03 "OBSTRUCTING
SIDEWALKS WITH BOXES, FRUIT STANDS, ETC." TO ALLOW THE PLACEMENT
OF POTTED PLANTS /GREENERY AND THE TEMPORARY PLACEMENT OF
MERCHANDISE AND DECORATIVE DISPLAYS WITHIN THE SIDEWALK AREAS
IN THE DOWNTOWN DISTRICT; PROVIDING A SEVERABILITY CLAUSE; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Huntsville, Texas has been designated a "Main Street City" and
is participating in the Main Street Program; and
WHEREAS, a Main Street Advisory Board has been appointed by the City Council to
make recommendations to the City Council concerning Huntsville's Main Street Program; and
WHEREAS, the Main Street Advisory Board recommends that merchants in the
Downtown District be allowed to place potted plants /greenery, tables and chairs, merchandise,
and/or decorative displays within the sidewalk areas so as to attract visitors and customers to the
downtown area and make the area more appealing; and
WHEREAS, current Sections 25.01.02 and 25.01.03 of the City Code prohibits the
placement or display of merchandise or other things within the sidewalk areas; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, that:
SECTION l: (a) Title 25 "Streets and Sidewalks," Section 25.01.02 "Obstructions
generally," is hereby amended by adding a second paragraph which shall hereinafter read as
follows:
It shall be a defense to prosecution under this Section if the merchandise
offered for sale or displayed, any tables and/or chairs, or any potted plant or
greenery placed in the sidewalk area within the Downtown District, as that term is
defined in
Title 32, Chapter 4 of the City Code (Development Code), is placed there
pursuant to a permit issued by the Main Street Infrastructure Committee
or its designee in accordance with design and approval guidelines adopted
by the Main Street Advisory Board.
(b) Title 25 "Streets and Sidewalks," Section 25.01.03 "Obstructing sidewalks with
boxes, fruit stands, etc," is hereby amended by adding a second paragraph which shall
hereinafter read as follows:
It shall be a defense to prosecution under this Section if the merchandise
offered for sale or displayed, the tables and/or chairs, or any potted plant or
greenery placed in the sidewalk area within the Downtown District, as that term is
defined in
Title 32, Chapter 4 of the City Code (Development Code), is placed there
pursuant to a permit issued by the Main Street Infrastructure Committee or
its designee in accordance with design and approval guidelines adopted by the
Main Street Advisory Board.
SECTION 2: If any portion of this Ordinance shall, for any reason, be declared invalid by
any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the City Council determines that it would have adopted this Ordinance without the
invalid provision.
SECTION 3: This Ordinance shall take effective immediately from and after the date of
its passage.
PASSED AND APPROVED THIS 19TH DAY OF NOVEMBER 2002.
n ITY O ILLS, TEXAS
William B. Green, Mayor
AT EST:
V0-1--
Daa lt er, City Secretary UfF�i
c h m �G �GY
APPROVED AS TO FORM:
ul .sham, City Attorney
SIDEWALK DISPLAY APPLICATION
City of Huntsville Sidewalk Ordinance
In an effort to promote the economic vitality of downtown businesses, the Main Street program has created a no -fee
permit process to allow for the display of merchandise or other items relevant to business owners' needs. Once
submitted, applications will be reviewed by the Main Street Infrastructure Committee or their designee who will then
approve, make recommendations for change, or reject proposals based upon design guidelines established by the Main
Street Advisory Board.
Please complete the application below and return it to the Huntsville Main Street Office located at 1203 University
Avenue, Huntsville, 77340 or fax it to (936) 295 -2150.
Business Name
Person completing this application
Business Owner
Address E -mail Address
1.) What item(s) do you plan to place on the sidewalk?
Phone
❑ Merchandise ❑ Potted Plants /Greenery ❑ Decorative Display ❑ Dining Tables /Chairs
2.) Please describe the item(s) you wish to place on the sidewalk.
3.) Please describe where on the sidewalk you plan to place the item(s) including distance from the curb and
approximate square feet of sidewalk space required by the items. Federal regulations require at least 36
inches of uninhibited space on all public sidewalks to accommodate wheelchairs and motorized personal
vehicles.
THANK YOU FOR YOUR SUBMISSION!
Requests will be processed in a timely manner within two weeks of the date proposals are submitted.
Please call (936) 295 -2150 for more information.