2012-52 AMENDING CITY CODE - CHAPTER 41 - MISCELLANEOUS STREET REGULATIONS

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Chapter 41 (1) The use of a public sidewalk as an outdoor cafe area shall be subject to tem- porary suspension or termination at any time by the City Manager in the interest of the public health, safety and welfare. To the extent that a permit area is needed by the City for the purposes for which it was dedicated, or any other public purpose, the City may upon written notice rea- sonably calculated to advise the permittee of such temporary suspension or termination and pro- vide the permittee a reasonable amount of time under the circumstances, to remove its furniture and other impedimenta from the right of way, and assume full possession and control of the per- mit area. The permittee shall remove all furniture and impedimenta from the right-of-way within the time specified by the notice. If the furniture is not removed by the permittee, the City shall be authorized to remove all furniture and other objects of permittee from the permit area. (2) If such furniture is not reclaimed by the permittee within seven(7) days after removal by the City, the property shall be presumed abandoned and subject to disposal. G. PUBLIC PROPERTY. The provisions of this section shall apply only to the locating of outdoor cafes on public property or public right-of-way and shall not apply to any private property. H. INDEMNIFICATION. (1) As an express condition of the issuance of the permit, each applicant shall in- demnify and hold harmless the City against all claims, injuries, demands, losses, liability, loss, injury, death or damage whatsoever, including reasonable attorneys fees and costs of suit, in connection with or arising out of the use of the outdoor cafe by anyone, except where the claim is the result of the sole negligence of the City. (2) As an express condition of the issuance of the permit, the permittee shall, within seven(7) days after the billing date, pay to the City all costs associated with damage to