2001-101REVISED ORDINANCE NO. 2001 - 101
An ordinance permitting outdoor dining activities and food sales in the public terrace and
sidewalk with penalties for violations thereof as set forth in JGO Section 5.20. 030
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION I. Section 5.20.020 of the Code of General Ordinances of the City of Janesville is
hereby created to read as follows:
"5.20.020 Outdoor dining and food service on public terrace(s).
A. Any person who engages in, cause or permits, or attempts to engage in, cause or
permit any dining, food service, food sales, encroachment, or other financial gain activity upon
any upon any public right-of-way, public sidewalk, public walk-way, public sidewalk easement,
public terrace or other public area, may do so only in the manner expressly provided in this
ordinance.
B. Notwithstanding any prohibition set forth in this chapter or other City ordinance,
a person may engage in, cause, permit, and/or provide dining and food/beverage sales and
service on the public terrace area(s), public sidewalk(s), public rights-of-way, public walk-
way(s), sidewalk easement(s), or other public area(s), but only in strict conformity and
compliance with each and every of the following requirements and restrictions:
1. A "sidewalk cafe" shall only be permitted in the public sidewalk and
terrace properties located in B5 (Central Business ) and B6 (Central Service) zoning
districts in the City.
2. A "sidewalk cafe" shall only be permitted to persons who own and/or
lawfully possess a building immediately abutting that portion of the public sidewalk and
terrace property which is sought to be a "sidewalk cafe". The primary purpose of the
building shall be coffee shop, delicatessen, bakery, restaurant, or dining activities.
3. A "sidewalk cafe" shall only permit limited outdoor dining and related
food and beverage service ("permitted activities") in the "sidewalk cafe area". Such
"permitted activities" shall only occur in strict conformity and compliance with each and
every of the requirements and restrictions set forth in this ordinance.
4. Each and every person operating a "sidewalk caf6" under this chapter, at
all times during which the "sidewalk caf6 area" is open to the public, shall provide toilet
rooms and access to such toilet rooms to patrons and the public. Such access and toilet
rooms shall otherwise be in the manner required by law and shall be located in the
building which immediately abuts the "sidewalk caf6".
5. The "sidewalk caff" has a valid permit from the Rock County Health
Department. Verification of such permit shall be filed with the City Clerks Office prior
to use of"sidewalk caf6 area".
6. No alcohol or alcohol related activities including, but not limited to, sale,
consumption, storage, dispensing, or use, even if the "sidewalk caf6 area" is located next
to and/or part of an alcohol licensed premises, is permitted unless such outdoor alcohol
use is approved by the Common Council through amendment of the licensed premises
description in the applicable license.
7. No person or "sidewalk cafe" shall obstruct or impede, or permit the
obstruction or impeding, of the use of the "pedestrian right-of-way" of any public
sidewalk. A "pedestrian right-of-way," for purposes of this ordinance, shall mean an
unobstructed area of a minimum of five contiguous feet (5') in width measured in a
straight line at right angles from the building and running the length of the property line.
8. Any and all tables, chairs, equipment and other appurtenances must be
located entirely within the "sidewalk cafe area", may not be placed or in any manner
encroach upon the "pedestrian right-of-way" or other public area or upon any other
property, and shall be placed within the extended property lines which nm at straight line
right angles to the vehicular portion of the street or sidewalk edge adjoining the
applicable business establishment associated with the "sidewalk cafe". Any and all
tables, chairs, equipment and other appurtenances in the "sidewalk cafe area" shall be
removed each day from the close of business until the normal opening of business the
next day, but in no event later than 11:00 o'clock P.M. or before 6:00 o'clock A.M.,
respectively, each day.
9. No littering or accumulation of debris, trash, clutter, unhealthy or similar
items may occur and/or be deposited or permitted in or near any "sidewalk cafe area" at
any time. All such litter, debris and related items shall be immediately (within twenty
(20) minutes) removed, and the area cleaned and made sightly upon any verbal or written
order by any police officer, building inspector, code administration official, and/or any or
their joint or several authorized designees or representatives.
10. No food, beverages or other items shall be stored or located in the
"sidewalk cafe area" prior to service to or consumption by patrons.
SECTION II. Section 5.20.030 of the Code of General Ordinances of the City of
Janesville is hereby amended to read as follows:
"5.20.030 Violation -- Penalty. A. Any person, firm, corporation or other
entity of whatsoever kind or nature violating any of the provisions of this chapter, upon
conviction thereof in court, shall he ordered to pay to the City a forfeiture of not less than Fifty
Dollars ($50.00) nor more than One Thousand Dollars ($1,000.00), together with the costs of
prosecution. In default of the payment of such forfeiture and costs, the violator shall be dealt
with in the manner provided, from time to time, by law for such default in payment including,
but not limited to, incarceration in the Rock County Jail for not more than sixty (60) days for
each violation. Each day's continuance of any violation constitutes a separate violation.
B. In addition to, and not in lieu of, the imposition and/or payment of the above
forfeiture(s) and remedies, the City may seek and the court may grant, injunctive and other
legal and/or equitable relief in favor of the City to abate and/or enjoin the violation(s).
C. In addition to, and not in lieu of, the above forfeitures and remedies, the court
or the Common Council may suspend and/or revoke any permit or license issued under this or
any other chapter.
ADOPTED: October 8, 2001
APP~x~ "~ ~17 J~~
ST~en E. Sheiffer,~2ity M~ager
ATTESTs. /ff~/ ,
Jeanfi~Fnn Wuif,' City Clerk-Treasure~
APPROVED AS TO FORM:
City Attome~y ' / ,r
MOTION BY: DeGarmo
SECOND BY: Mur )hy
COUNCILMEMBER AYE NAY PASS ABSENT
DAMRON X
WILLIAMS X
O'LEARY X
DEGARMO X
BRIEN X
MURPHY X
STEEBER X
Proposed by:
Prepared by:
Council Members O'Leary, DeGarmo,
Murphy
Planning Director and City Attorney