The director of the public service department, the director of the department of safety, the director of the department of development, the health commissioner and their designees shall have the authority to enforce applicable sections of the Ohio Revised Code and this chapter of Columbus City Codes (1959) Revised. (Ord. 1879-02 § 1 (part).)

The purpose of this chapter is to provide for the regulation of privately owned amenities to, or the limited use and occupation of sidewalk or other real property within the public right-of-way in the city of Columbus and to set forth the policies of the city related thereto. Nothing in this chapter shall relieve the applicant from the responsibility to obtain those additional permits required by Columbus City Codes, Chapters 902, Health and Safety; 903, Excavation/Occupancy Regulations; 905, Sidewalk and Driveway Construction and Repair and 910, Comprehensive Rights-of-Way or any other Columbus City Code Chapters that might be relative to the installation proposed by the applicant. (Ord. 1879-02 § 1 (part).)

A. Any company, corporation, persons or individuals wishing to use or occupy public right-of-way or other real property within the public right-of-way for placement of private amenities including but not limited to sidewalk seating and/or dining, placement of removable railing or other barricades in conjunction with said seating and/or dining, installation of removable awnings in conjunction with said seating and/or dining, installation of bike racks, flower boxes, movable planters, benches, placement of temporary signage and any other uses authorized in the rules and regulations associated with this chapter must apply for and obtain written consent from the administrator of the transportation division or their designee. Such consent shall be given in the form of a lease for use of public sidewalk or other real property within the public right-of-way, which shall be executed by the administrator of the transportation division or their designee. The city shall review any lease for commercial uses entered into pursuant to this chapter on an annual basis and based upon such review shall determine the suitability of any request for renewal.
B. Any company, corporation, persons or individuals wishing to install banners or flags within the public right-of-way must apply for and obtain written consent, in the form of an agreement, from the administrator of the transportation division or their designee.
C. The administrator of the transportation division or their designee shall promulgate reasonable rules and regulations to carry out the provisions of this chapter. (Ord. 1879-02 § 1 (part).)

Applications for use of the public sidewalk or other real property within the public right-of-way shall be submitted in such form and in such manner as the rules and regulations developed pursuant to Section 904.02 of this chapter shall require. All applications will be reviewed, and if approved, leases or agreements shall be issued within thirty (30) business days of submission. (Ord. 1879-02 § 1 (part).)

A. The city shall grant a lease for the use of public sidewalk or other real property within the public right-of-way upon determination that:
1. The public health, safety or welfare will not be negatively impacted upon the granting or renewal of such a lease;
2. The granting of the lease will be consistent with the policy of the city as set fourth in Section 904.01;
3. The applicant is not delinquent on any taxes or other obligations to the city or county;
4. For any proposed location within the boundaries of the downtown zoning district, as established in Columbus City Code Chapter 3359.03, or within the boundaries of any architectural review commission, created by one of the chapters included within Chapters 3319 to 3331 of Columbus City Codes, or for any location falling under the review authority of the historic resources commission, as established in Chapter 3117 or any location within the boundaries of any recognized area commission established in Chapter 3111 of Columbus City Codes, the applicant has received a certificate of appropriateness from the appropriate commission or commission staff.
B. An agreement allowing the installation of banners and/or flags shall be granted upon determination that:
1. The public health, safety or welfare will not be negatively impacted upon the execution of such an agreement;
2. The execution of an agreement will be consistent with the policy of the city as set fourth in Section 904.01;
3. The applicant is not delinquent on any taxes or other obligations to the city or county;
4. The applicant has followed and conformed to the rules and regulations established by the Greater Columbus Convention and Visitor’s Bureau or their successor for the installation of banners and/or flags for any proposed location within that area bounded on the south by Interstate Route 70, the east by Interstate 71, the north by Goodale Boulevard and the west by Grubb Street, and known as the downtown banner/flag program area;
5. The applicant has followed and conformed to the rules and regulations established by the Columbus Neighborhood Design Assistance Center or their successor for the installation of banners and/or flags for any proposed location within the boundaries of an officially recognized neighborhood commercial revitalization area;
6. The applicant has followed and conformed to the rules and regulations established pursuant to Section 904.02 of this chapter for the installation of banners and/or flags for any proposed location not within the boundaries of the downtown banner/flag program or an officially recognized neighborhood commercial revitalization area. (Ord. 1879-02 § 1 (part).)

A. Fees shall be as follows:
1. For uses deemed by the city to be private amenities to the public right-of-way including but not limited to flower boxes, planters, and benches a one time fee of two hundred fifty dollars ($250.00) per application will be required;
2. For uses deemed by the city to be commercial in nature including but not limited to sidewalk dining, kiosks, and shoeshine stands an initial fee of five hundred dollars ($500.00), due at the time the original application is submitted and a fee of fifty dollars ($50.00) for any subsequent annual renewal will be required. Any material change in the scope or purpose for which the original lease was issued will require a five hundred dollars ($500.00) fee to process the modification;
3. No application or annual fees shall be required for the installation of banners/flags within the public right-of-way.
B. Fees shall be submitted to the administrator of the transportation division or their designee for deposit into the operating fund. Fees shall be paid by check or money order and shall be made payable to the treasurer -- city of Columbus;
C. Fees shall remain reasonable and nondiscriminatory;
D. Total revenues generated by such fees shall represent a reasonable allocation of public right-of-way related costs as determined by the administrator of the transportation division;
E. The administrator of the transportation division must receive all fees before any placement of privately owned amenities to or limited use and occupation of sidewalk or other real property within the public right-of-way of the city of Columbus will be permitted;
F. Fees shall not be refundable in the event of any revocation or city required removal of facilities as specified in Section 904.08 and 904.09 of this chapter. (Ord. 1879-02 § 1 (part).)

For those companies, corporations, persons or individuals wishing to lease the public right-of-way for installation of private amenities as described in Section 904.02(A) of this chapter the following obligations shall apply:
A. The lessee shall restrict use of the leased premises to the patrons, customers and guests of the lessee’s establishment when said premises are used for outdoor seating and dining purposes;
B. The lessee shall not erect or permit any obstructions of a permanent nature to be located within the leased premises;
C. The lessee shall not erect or permit obstructions of a permanent or temporary nature to be located within the non-leased portion of the public sidewalk or other real property within the public right-of-way;
D. The lessee shall restrain and prevent its employees, patrons, customers, business invitees, and guests from blocking, obstructing or hindering the flow of pedestrian traffic upon the non-leased portion of the public sidewalk or other real property within the public right-of-way;
E. The lessee shall keep the premises and any adjacent non-leased public sidewalk or other real property within the public right-of-way clean and free of debris;
F. Lessee shall acknowledge acceptance of the premises in “as is” condition with absolutely no warranties, implied or expressed, by the city as to the condition or suitability of the premises for the intended use;
G. Lessee shall apply for and receive approval for all building, zoning and any other permits required as a result of the proposed use of public sidewalk or other real property within the public right-of-way before any occupation of the public sidewalk or other real property within the public right-of-way may occur;
H. Lessee shall not assign any lease without the written consent of the administrator of the transportation division or their designee. Such consent shall not be unreasonably withheld. (Ord. 1879-02 § 1 (part).)

Anyone having a lease or an agreement with the city for the purpose of installing private amenities, banners or flags within the sidewalk or other real property within the public right-of-way shall forever indemnify and hold harmless the city and all of its agents, employees and representatives from and against all claims, damages, losses, suits and actions, including attorney’s fees, arising or resulting from said use of the public sidewalk or other real property within the public right-of-way by them, their agents, representatives, employees, patrons, customers, business invitees and guests or any other person or persons who may use said public sidewalk or other real property within the public right-of-way. In addition they shall obtain liability insurance in the amount of one million five hundred thousand dollars ($1,500,000.00) and shall name the city as an additional insured on said policy. A copy of the certificate of insurance shall be provided to the city and shall become a part of any lease or agreement executed by the city. (Ord. 1879-02 § 1 (part).)

Either party shall have the right to terminate a lease or agreement entered into pursuant to this chapter fifteen (15) days after written notice of such termination has been given to the other party. The city shall have the right to revoke any lease entered into pursuant to this chapter in the event of a breech by lessee under Section 904.06 of this chapter. (Ord. 1879-02 § 1 (part).)

The city shall have the right to require removal of any facilities installed pursuant to this chapter fifteen (15) days after written notice of revocation or termination of such a lease or agreement has been given to the appropriate party should said premises be required for any public purpose or should there be a material change in the use of the public sidewalk or other real property within the public right-of-way which would render the premises unsuitable or inappropriate for the uses for which the lease or agreement was given. Additionally the city retains the right to require immediate removal of any facilities located within the public sidewalk or other real property within the public right-of-way in the event any public agency or private utility company or corporation must make emergency repairs to any utility located in, over, across, under or through said premises. Failure to remove facilities upon receipt of the notification to remove such facilities may result in the city removing the facilities with the cost of such city removal being assessed to the appropriate party and may result in the revocation or termination of the lease or agreement. (Ord. 1879-02 § 1 (part).)

Whoever violates any provision of this chapter shall be deemed guilty of a misdemeanor of the third degree and fined not more than five hundred dollars ($500.00), or imprisoned for not more than sixty (60) days or both. Any such violation shall constitute a separate offense on each successive day continued. (Ord. 1879-02 § 1 (part).)