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Dike council adopts downtown sidewalk permit rules for decor and movable seating
Summary
The Dike City Council unanimously approved an ordinance permitting abutting downtown businesses to place movable decor and seating on sidewalks under a city permit, requiring a 48-inch clear walkway, site plans, liability insurance naming the city as additional insured, and giving public works authority to require removal for safety or events.
The Dike City Council on Feb. 11 adopted an ordinance revising Title V, Chapter 3 to allow businesses in the downtown business district to place movable decor and seating on public sidewalks under a permit, subject to clear-walkway, safety and insurance requirements.
Council member Camarata introduced Resolution #0211202603 and the council voted unanimously to approve the ordinance in roll call votes with Camarata, Beninga, Mikkelsen, Kauten and Lynch recorded as ayes.
Under the ordinance, "decor" and "seating" are defined and the downtown business district is identified as Main Street from Elder Street to Front Street. Businesses that seek to place seating or decor must obtain a permit from the city clerk that includes a site plan showing sidewalk dimensions, building face location, utilities and proposed placement. Only sidewalks with a minimum total width greater than 48 inches qualify for placement, and a clear 48-inch unobstructed walkway must be maintained for pedestrian traffic.
The ordinance requires seating and decor to be movable, prohibits permanent attachment to sidewalks or adjacent structures, and requires items to be properly weighted to avoid becoming hazards. The city retains ownership of areas used and the public works director (or designee) may require removal of decor or seating when it becomes a nuisance or to ensure pedestrian safety during events such as parades. Permits must include proof of liability insurance naming the City of Dike as an additional insured in an amount determined by council; the clerk will review applications and may consult with public works prior to issuing a determination. Applicants may appeal a clerk decision to city council within 10 days.
The ordinance includes miscellaneous provisions: no amplified music or loudspeakers in violation of the city's noise regulations, smoking is prohibited in the immediate area of seating in compliance with the Iowa Smokefree Air Act of 2008, and permit revocation or other penalties may be imposed for violations. The ordinance becomes effective after passage and publication as required by law.
