2010 JANUARY - Laserfiche WebLink

insurance evidencing the existence of a general liability policy covering the area subject to the permit. F. Suspension of Permit. The superintendent of streets shall have the right to suspend or prohibit the operation of a sidewalk dining area or require removal of a sidewalk decorative display at any time because of anticipated or actual problems or conflicts in the use of the sidewalk area. Such problems or conflicts may arise from, but are not limited to, scheduled festivals, parades, marches and similar special events; repairs to the street, sidewalk or other public facility; or from demonstrations or emergencies occurring in the area. To the extent pos- sible, the city will give prior written notice of any time period during which the operation of the sidewalk dining area or sidewalk decorative display must be suspended. O. Violation of Conditions. 1. If any portion of a sidewalk dining area or sidewalk decorative display obstructs the public right - of -way beyond which is provided for in this section, the zoning administrator or his or her designee shall imme- diately direct the permittee to move the obstruction. If the permittee fails to do so, the zoning administrator or his or her /her designee is entitled to immediately move the obstruction. 2. If the sidewalk dining area or sidewalk decorative display is not maintained in a neat, clean, and orderly condition, or as conditioned by the zoning ad- ministrator, the zoning administrator or his or her /her designee shall direct that the pennittee or property owner correct the condition and /or remove the furniture, displays, and appurtenances. If the zoning administrator finds that it is necessary to remove the furniture, dis- plays, or appurtenances in the interest of the public health, safety, or general welfare and the permittee fails to remove them, the zoning administrator or his or her/her designee may immediately remove them at the expense of the permittee or property owner. 3. A sidewalk dining /decorative display permit may be revoked by the zoning administrator upon a de- termination that the pennittee has not complied with the provisions of this section or the conditions of the design review approval. The zoning administrator shall hold a hearing and, if not satisfied that the provisions or condi- tions are being complied with, shall revoke the permit or take such actions as may be necessary to ensure compli- ance with the regulation or condition. 4. The zoning administrator shall suspend the service of alcoholic beverages in the sidewalk dining area and shall hold a hearing on the matter as provided in subsection (0)(3) above if a sidewalk dining area serving alcoholic beverages is not operated as required in this section, or if the restaurant operator is not able to 359 13.04.440 control patrons consuming alcoholic beverages to the extent that patrons demonstrate a pattern of behavior of loud, offensive, or abusive actions, the physical or ver- bal harassment of passers -by, or the removal of alco- holic beverages from the sidewalk dining area. H. Right to Modify or Revoke. If at any time a sidewalk dining area or sidewalk decorative display in- terferes with the public use of the sidewalk, the zoning administrator may review, modify or revoke the side- walk dining /decorative display permit. A sidewalk din- ing /decorative display permit issued pursuant to this section is revocable by the zoning administrator at any time and for any reason. Any modification, suspension or revocation is subject to the appeal procedures out- lined in Section 13.04.490. (Ord. 1607 § 2, 1993; Ord. 1485 § 2, 1990) 13.04.440 Irrigation systems. A. No portion of any irrigation system shall extend above the level of the surrounding ground or pavement. B. No irrigation system shall be installed in such a way as to direct sprays or streams of water onto or over adjacent street, sidewalk or driveway areas. C. No private person shall operate an irrigation system adjacent to any four lane street within the city between the hours of 6:00 a.m. and 9:00 p.m. I. The city engineer or designate may approve exceptions to the limitations on hours of operation if necessary to sustain newly planted landscape materials, or for system maintenance or testing, provided such ap- proval is given in advance and in writing. 2. No person shall be convicted of violation of this subsection if that person shall demonstrate that the violation was caused by the effect of a power outage or power surge upon an electrically controlled system and that the violation was corrected within 24 hours of the power outage or power surge. D. Violation of this section shall be an infrac- tion punishable in accordance with Section 1.12.020. (Ord. 2000 § 1, 2009; Ord. 1223 § 1, 1985; prior code § 5 -8.49) 13.04.450 Preservation of monuments. Any monument of granite, concrete, iron or other lasting material set for the purpose of locating or pre- serving the lines and /or elevation of any public street or right -of -way, property subdivision or a precise survey point or reference point shall not be removed or dis- turbed without first obtaining permission from the su- perintendent of streets to do so; said permission to be granted in conformance with requirements as set forth in (Pleasanton Supp. No. 3, 1 -10)