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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.