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Sidewalk use permits shall be subject to the following provisions:

A. All sidewalk uses.

1. An unobstructed sidewalk area not less than six feet in width shall be maintained for public use. The sidewalk area reserved for the public’s use shall be free of obstructions, except for those fixtures required for public safety, such as traffic signal standards, fire hydrants, street light standards, etc. In instances where such obstructions exist, the minimum width of unobstructed public sidewalk shall be 4.5 feet.

2. Use of the public sidewalk shall not obstruct required sight distances for motorists and pedestrians.

3. Use of the public sidewalk shall not obstruct required ingress-egress to nearby properties.

4. Use of the public sidewalk shall not obstruct access to public facilities such as traffic signals, fire hydrants, etc.

5. When the City determines that access to the public sidewalk is required for work relating to infrastructure or utilities, the permittee shall suspend use of the public sidewalk and vacate the area as directed by the City Planner or City Engineer. In the event of an emergency, the City may remove or move fixtures and furniture authorized by a sidewalk use permit. The City shall not be liable for any damage to any fixtures or furniture located upon a public sidewalk.

6. Unless specifically authorized by the City, fixtures, furniture, enclosures, etc. may not be hung from or fastened to City or utility improvements (sign posts, street light standards, etc.).

7. Use of the public sidewalk shall comply with all applicable local, state, and/or federal laws and regulations.

8. The permit applicant shall agree to defend, indemnify, and hold harmless the City of Snohomish as provided by SMC 12.14.090.

9. The permittee shall maintain insurance coverage required by this chapter for the duration of the use of the public sidewalk.

10. The City Planner may approve sidewalk use permits for signs for civic and community events authorized by special event permit. No other signs or advertising shall be permitted under this chapter.

11. The City Planner may, at his/her discretion, require a bond or other surety to ensure the provisions of this chapter are satisfied.

12. The City Planner may, at his/her discretion, attach other special conditions to a sidewalk use permit. Such conditions shall be necessary to satisfy the purpose of this chapter and to protect the public’s health, safety, and welfare.

B. Sidewalk cafes.

1. The sale, service, and consumption of alcoholic beverages at sidewalk cafes is prohibited unless permitted by the Washington State Liquor Control Board and done in compliance with all applicable local, state, and federal regulations and laws.

2. Additionally, alcohol service may be provided only by establishments offering food prepared onsite for onsite consumption.

3. The hours of operation for sidewalk cafes shall be limited to 7:00 a.m. to 10:00 p.m.

4. Commercial signs, banners, pennants, etc. for sidewalk cafes are prohibited unless otherwise authorized under Chapter 14.245 SMC. (Ord. 2198, 2011)

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