Ordinance #93
Streets & Alleys
Merchandise or Personal Property on Sidewalks - City of Janesville

THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:

SECTION 1. Section 12.08.090 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows:

A 12.08.090 Merchandise or Personal Property on Sidewalks Forbidden

Unless expressly authorized to ' do so by the Council, no person shall use the sidewalk, or any part thereof, for the display of merchandise or the storage of any merchandise or other personal property. The only exception to this provision, is that storage of merchandise or other personal property shall be allowed provided that it meets all of the below enumerated conditions. The following exception to the above prohibition shall apply, notwithstanding Janesville General Ordinance Chapter 5.20 or herein to the contrary:

1 . The property is located in the B5 (Central Business) and B6 (Central Service) zoning districts in the City.

2. No person shall obstruct or impede the pedestrian right-of-way of any paved public sidewalk with any merchandise or personal property, except as provided herein. Merchandise shall be located adjoining the building it is marketed from and shall not encroach more than 30" from the building facade and in all cases, the unobstructed sidewalk area must be a minimum of five contiguous feet (5') in width and comply with ADA requirements, as from time to time amended.

3. Displayed merchandise shall be consistent to that sold within the business and shall no include food or beverage items.

4. Displayed merchandise or personal property must be removed each day following the close of business, but in no event shall the merchandise be permitted outdoors between the hours of 6:00 p.m. and 7:00 a.m. nightly.

5. Displaying merchandise or personal property on a paved sidewalk shall constitute express permission of the property and/or business owner for the City to take corrective, remedial and removal action(s) . The City may also prosecute violations of this ordinance and seek injunctive relief, from time to time and at any time.

6. The cost of such correction, remediation, and/or removal shall be paid by the owner.

7. The property and business owners are jointly and severally liable for any and all injury to any person or property directly and/or indirectly caused by their joint or several negligence and/or activities occurring on the paved sidewalk under this ordinance.