(1) Permits may be issued for placement of objects on the Village sidewalk but not exempted under section 7407 of this chapter. Existing objects on thesidewalk are not grandfathered except as provided in subparagraph (e) of this section.
(2) The exact location of the object shall be regulated so as to provide a corridor at least five feet wide for unimpeded pedestrian traffic on the sidewalk. Accordingly, no point on the object for which a permit is sought shall be within a radius closer than five feet from any point on any meter, tree, signpost, lightpost, trash can, or similar object placed by the Village from time to time (specifically including the center hole of any grate or other envelop or buffer area not paved like the surrounding sidewalk area), or within a radius closer than five feet from the street edge of any portion of the sidewalk curb. Also, no point on the object for which a permit is sought shall be within a radius closer than five feet from any ramp in the sidewalk intended for access to a crosswalk whether or not the crosswalk is in existence at the time of the application. Also, no point on the object for which a permit is sought shall be within a radius closer than five feet from any steps ramps and their associated railing intended for access to a building. The object shall be placed next to the building owned or leased by the applicant, and not across the sidewalk or otherwise away from such building. Applicants shall include a sketch showing dimensions and proposed location of object sufficient to prove compliance with the distance regulations of this subsection.
(3) The object shall be free standing.
(4) The object must not have conditions which could reasonably be considered a danger or hazard to the public safety such as sharp edges or thorns. Chains for securing the object may or may not be allowed depending upon analysis of safety concerns.
(5) The object shall at all times be maintained in good repair and condition.
(6) The object and its placement shall be in compliance with all other applicable ordinances and state laws if any. Any required governmental permit shall be issued (although it may be subject to appeal) prior to applying for the permit hereunder and such permit(s) shall be attached to the application. Any permit issued under this section may be conditioned upon such other permit(s) being in full force and effect and fully complied with. The placement of any object for which a permit is issued under this section shall not interfere with the proper placement of any other object lawfully situated on the Village sidewalks.
(7) No words, numbers, advertising logos or other writings or symbols shall be placed on the object, and nothing shall be allowed to be attached to the object which is not part of the originally permitted object. The object shall not become a sign or advertisement for the business operated by the applicant or lessee. This provision is not intended to prohibit an object with general manufacturer logo or words placed on it by the manufacturer.
(8) Applicant shall provide a certification by an insurance company licensed to do business in this state that the person or entity for which a permit is sought is presently insured in an amount reasonably sufficient to cover any liability and/or risk which might reasonably be expected to arise by reason or in consequence of the placement of the object on the sidewalk and that the insurance company will notify the Village Manager in the event such insurance is canceled for any reason whatsoever.
(9) Applicant shall, and does hereby, agree to hold the Village harmless from any and all claims for damages from whatsoever cause incidental to the exercise of the permission to place an object on the Village sidewalk, including without limitation claims of third parties, which agreement to indemnify shall also include court costs and reasonable attorney fees incurred by the Village to defend against said claims or to enforce this indemnification.
(10) Applicant shall grant permission for immediate removal of violating objects after seven days prior notice in writing to the permit holder, provided, however, objects causing a substantial or demonstrated safety hazard (including without limitation any failure to maintain the required corridor width as set forth in subsection (2) above) may be removed immediately with notice as soon as practicable thereafter. All notices shall include a description of the action taken and the place of storage. Applicant shall agree in advance to pay the Village’s actual moving and storage costs for the exercise of its removal rights hereunder. The Village shall not be responsible for damage to the object removed whether the damage occurs in the removal or storage process. Applicant shall indemnify the Village from any liability for such damage.
(11) Permits shall only be issued to legal owners or current legal occupants of the building adjoining the sidewalk area where the objects are to be placed. Applicants shall provide reasonably acceptable proof to verify such status. A permit shall terminate automatically upon termination of such status, without further notice. For example, upon termination of lessee status, the lessee’s permit will automatically terminate and all objects remaining on the sidewalk covered by the permit shall no longer enjoy the benefits of the permit and must be removed immediately. (d) Applications shall be made to the Board or its designee on forms from time to time provided for such purpose. A processing fee of $25 shall be submitted with each application, provided, however, the fee may be waived for minor (for example, applications regarding existing sidewalk objects), corrective, or supplemental applications or for applications by non-profit organizations from Woodstock in the discretion of the Board or its designee. The application and fee should be submitted to the office of the Village Manager. (e) In addition to the exemptions referred to in subparagraph (a) of this section, this section shall not apply to the following objects placed on Village sidewalks:
(1) Steps and ramps as currently existing on Village sidewalks shall not require a permit under this section, however a permit shall be required for any change in design of the steps or ramp and a permit shall also be required for any expansion of the area of sidewalk involved.
(2) Permits granted for steps and ramps shall not contain an expiration date but may be terminated for cause.
(3) Objects placed and maintained upon Village sidewalks pursuant to direction of the Board, such as trees, signs, grates, and meters shall not require a permit under this section.
(4) Window boxes and planters which are exempt as provided in section 7407(d) of this chapter shall not require a permit under this section.
(5) Existing objects for which a permit is required hereunder, shall be allowed to remain in place without permit for a period of 90 days from the original effective date of this section. (f) No person on whose behalf a permit is issued under this section shall violate any term or condition contained in such permit or allow others to violate any such term or condition. The fact that the alleged violation or any prior violation resulted in the termination of the permit and any rights thereunder shall not constitute a defense to an action brought under this subsection. Joint permittees shall be jointly and severally responsible for the violations(s) referred to in this subsection regardless of the identity of the actual violator and whether or not the actual violator is the agent or invitee of the permittee and whether or not the permittee knows of the violation at the time it was originally committed. This subsection shall not apply unless written notice of the alleged violation(s) is sent to the person against whom enforcement is sought at least 7 days prior to the commencement of any enforcement action, nor shall this subsection apply if such person cures the alleged violation(s) within such 7 day period. (g) The Village may remove or cause to be removed any and all objects placed on a Village sidewalk in violation of this section, provided, however, written notice of the alleged violation(s) shall be sent to the owner of the adjoining building (or known lessee) at least 7 days prior to such removal, and this subsection shall not apply if such owner (or known lessee) cures the alleged violation(s) within such 7 day period. Notwithstanding the foregoing, if an object is causing a substantial or demonstrated safety hazard (including failure to maintain the required corridor) the Village may remove such object, or cause it to be removed, immediately with notice as soon as practicable thereafter. All notices shall include a description of the action taken and the place of storage. The claimant for the object shall be responsible for all actual moving and storage costs of the Village for the exercise of its removal rights hereunder. In any event, the Village shall not be responsible for damage to the object removed whether the damage occurs in the removal or storage process.
