Saturday, May 17^th – 9:00 am – 12 pm
Saturday, August 9^th – 9:00 am – 12 pm
Saturday, October 18^th – 10:00 am – 2 p

Please call 517.545.9609 to schedule an appointment for drop off. 

Also, visit www.co.livingston.mi.us/SolidWaste/householdHazardousWaste.htm for a list of acceptable materials.

 

Sidewalk Cafes and Outdoor Seating Area Ordinance No. 539  Adopted April 3, 2008

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF BRIGHTON, MICHIGAN, BY REPLACING THE TITLE OF ARTICLE III OF CHAPTER 22 OF THE CODE WITH A NEW TITLE OF ARTICLE III. SIDEWALK CAFES AND OUTDOOR SEATING AREAS; REPLACING SECTIONS Sec. 22-86. through Sec. 22-92 WITH NEW SECTIONS WHICH SHALL BE DESIGNATED AS Sec. 22-86. Purpose. Sec. 22-87. Definitions. Sec. 22-88. Permit Procedures. Sec. 22-89. Standards. Sec. 22-90. Annual site inspection. Sec. 22-91. Operating restrictions. Sec. 22-92. Revocation and suspension. OF ARTICLE III OF CHAPTER 22 OF THE CODE; AMENDING CHAPTER 22 OF THE CODE BY ADDING NEW SECTIONS 22-93 THROUGH 22-97; AND REPLACING SECTION Sec. 54-199. Open containers. OF ARTICLE VII OF CHAPTER 54 WITH A NEW SECTION WHICH SHALL BE DESIGNATED AS Sec. 54-199. Open containers.

THE CITYOF BRIGHTON, LIVINGSTON COUNTY, HEREBY ORDAINS:

I.          The title of Article III of Chapter 22 is hereby replaced and shall read as: ARTICLE III. SIDEWALK CAFES AND OUTDOOR SEATING AREAS.

II.            Sections 22-86 through 22-92 of Article III of Chapter 22 are hereby replaced and shall read as follows:

Sec. 22-86. Purpose.

The sidewalk cafe and outdoor seating regulations, as established in this article, are designed to allow sidewalk cafes or outdoor seating areas by permit on public property in locations where they are determined to be appropriate by the City Manager or his designee, and to promote and protect the public health, safety, and general welfare of the community. These general goals include, among others, the following specific purposes:

1.         To attract residents and non-residents to downtown Brighton;

2.         To provide an additional way for restaurants or food establishments to expand their operations, subject to the needs of the City;

3.         To promote sidewalk cafes and outdoor seating as useful and properly planned visual amenities;

4.         To provide adequate space for pedestrians on the sidewalk adjacent to sidewalk cafes or outdoor seating and to insure access to adjacent commercial and retail uses;

5.         To promote the most desirable use of land and buildings and thereby protect the city's tax revenues;

6.         To provide for penalties for violations of this article.

Sec. 22-87. Definitions.

Outdoor furniture means weatherproof, moveable furniture and other weatherproof, moveable items including, but not limited to, planters, railings, tables, chairs, and table umbrellas.

Outdoor seating area means an outdoor area operated by an existing restaurant or other food establishment which sells food or non-alcoholic beverages for immediate consumption, located on public property that provides seating outside of an establishment for patrons and other persons, and contains readily removable outdoor furniture . This area does not provide waiter or waitress service or offer alcoholic beverages. It is unenclosed by fixed walls and open to the air, except that it may have table umbrellas or other non-permanent cover.  

Sidewalk cafe means an outdoor dining area operated by an existing restaurant or other food establishment which sells food, non-alcoholic beverages, or alcoholic beverages for immediate consumption, located on public property that provides seating outside of an establishment for patrons, and contains readily removable outdoor furniture. This area either a) provides waiter, waitress service or counter service or b) offers alcoholic beverages. It is unenclosed by fixed walls and open to the air, except that it may have table umbrellas or other non-permanent cover. 

Sidewalk cafe or outdoor seating area permit means a permit issued by City Staff based upon approval by the City Manager, or his designee, which conforms to the procedures and regulations of this article, granting a license to undertake sidewalk cafe or outdoor seating area operations on public property.  

Sec. 22-88. Permit procedures.

(a)   City Staff is authorized to issue a sidewalk cafe or an outdoor seating area permit provided that the applicant has complied with the standards set forth in this article. A revocable license to operate a sidewalk cafe or an outdoor seating area on public property in a form acceptable to the City Attorney shall be executed by both tenant, if applicable, and owner concurrently with any permit issued under this section. Owner shall provide proof of ownership concurrently with execution of the license agreement.

(b)   Sidewalk cafe or outdoor seating area permit applications shall be reviewed by City Staff and approved by the City Manager or his designee. The City Manager reserves the right to forward a permit application to the City Council for its review and consideration. Sidewalk cafes serving alcohol shall comply with all applicable state and federal laws and regulations, including, but not limited to, those regarding licensing. No sidewalk cafe or outdoor seating area permit shall be issued until all relevant licenses and permits have been approved by the state or federal government, and any local approval resolutions have been approved by the City Council.

(c)   A sidewalk café or outdoor seating area permit shall expire three (3) years from the date of approval. Unless another time frame is specified in the permit approval or by the requirements of this article, the permit shall allow the operation of a sidewalk cafe or outdoor seating area from the time of the annual inspection set forth in section 22-90, below, up to and including November 1 of the calendar year of such inspection.

(d)   Permits shall be reapplied for if any of the following occur: a) the three-year term of the permit expires, b) if the person or establishment would like to change their approved site plan, or c) if there is a change in ownership.

(d)   No person or establishment that is in default to the City shall be eligible for a sidewalk café or outdoor seating area permit.

(e)   Any person or establishment granted a sidewalk café or outdoor seating area permit by City Staff shall pay to the City a fee in an amount set by the City Council. City Staff shall not issue a permit unless the fees required by this section are paid.

(f)   Each application for a sidewalk cafe or outdoor seating area permit shall be accompanied by a policy or certificate of insurance covering the area of the proposed sidewalk café or outdoor seating area, in an amount and form acceptable to the City Council, listing the City as an additional named insured. Sidewalk cafes serving alcohol shall also provide a liquor liability policy or certificate of insurance in an amount and form acceptable to the City Council listing the City as an additional named insured.

(1)            All insurance policies required under this section shall be issued by a  company authorized to do business in the State of Michigan.

(2)            The holder of a sidewalk café or outdoor seating area permit shall be required to notify the City in writing a) at least ten days before any policy mandated by this section is to expire, and b) immediately, in the event that a policy mandated by this section is cancelled.

(3)            The insurance certificate required by this article shall be in effect for any period during which the sidewalk cafe or outdoor seating area is in operation.

(4)            Failure to provide a current insurance certificate on request shall be cause for denial, suspension, or revocation of the sidewalk cafe or outdoor seating area permit.

(5)            Sidewalk café or outdoor seating area permits that have been denied, suspended, or revoked for failure to conform with the requirements of this subsection may be re-instated upon submittal of proof of proper insurance.

(g)   Indemnification. All sidewalk café and outdoor seating area permits, and license agreements, shall contain, as a condition of acceptance, the requirement that the applicant hold harmless and indemnify and keep indemnified the City, its officers and employees from all claims, suits and judgments to which the City, its officers or employees may be subject and for all costs and actual attorney fees which may be incurred on account of injury to persons or damage to property, including property of the City, whether due to negligence of the applicant or the joint negligence of the applicant and the City, arising out of the sidewalk café or outdoor seating area permit; or resulting from failure to comply with the terms of the sidewalk café or outdoor seating area permit. This requirement shall also be reflected in the application for a sidewalk café or outdoor seating area permit, and the applicant, by applying for a sidewalk café or outdoor seating area permit shall agree to this indemnification requirement.

(h)   Site plan and application approval.

1.         No sidewalk cafe or outdoor seating area shall be established on public property, except in conformance with a site plan reviewed by City Staff and approved by the City Manager, or his designee.

2.         A permit application available from City Staff for site plan approval shall include, but shall not be limited to the following:

a. Name of the applicant and business.

b. Address of the business.

c. Address of the applicant.

d. Telephone number of the applicant and business.

e. Name of the property owner if other than applicant.

f.   Address of the property owner if other than applicant.

g. Telephone number of the property owner if other than applicant.

h. Proposed hours of occupancy.

i.   Proposed number of tables, chairs, railings, posts, table umbrellas or other items.

j.   Proposed color, design, materials, and workmanship of tables, chairs, railings, posts, table umbrellas or other items.

k. Proposed area of occupancy including square feet and dimensions.

l.   Whether alcohol will be served.

m.     Copy of certificate of insurance.

n. Whether permit application is a new application or renewal; if renewal, applicant shall describe any changes from the previous application.

o. Written authorization from the owner of the property shall be required where the applicant is not the owner of the affected property.

3.         The site plan and the accompanying application shall show the design, relevant details and location of all outdoor furniture.  Electrical outlets or appliances, hydrants, all ingress and egress, existing lighting and other equipment shall accompany the site development plan and permit application.

4.         The City Manager, or his designee, shall distribute copies of the site plan and permit application to the Community Development Department, Finance Department, Chief of Police, Fire Department, Building Official, and Director of Public Services for review and comments in relation to compliance with this article and all other city ordinances.

(i)   Conditions specific to the operation of a business may be incorporated into the permit as required by city staff, the City Manager or his designee.

(j)   Based upon review comments from City Staff, the City Manager or his designee may approve, approve with conditions, refer the application back to the applicant for modification, deny the application, or refer the application to the City Council. If approved, the City Manager or his designee shall authorize the issuance of the sidewalk cafe or outdoor seating area permit.

Sec. 22-89. Standards.

(a)   The site plan and permit applications must meet the requirements of the adopted City Ordinance, building code and fire code.

(b)   Sidewalk cafes or outdoor seating area may only be located adjacent to the establishment with which they are associated.

(c)   Sidewalk cafes or outdoor seating areas must be clean and orderly at all times.

(d)   Employees of the permit-holding establishment shall continuously supervise outdoor dining areas serving alcoholic beverages.

(e)   A barrier such as planters or a railing shall physically separate patrons from pedestrian traffic, and delineate the perimeter of a sidewalk cafe serving alcoholic beverages. All barriers used for sidewalk cafes serving liquor shall also conform to all applicable state and federal laws and regulations.

(f)   Furnishings for a sidewalk cafe or outdoor seating area shall consist solely of outdoor furniture. Outdoor furniture shall only be anchored or secured in a manner approved by the City Manager or his designee. The method of anchoring shall not create a hazard for pedestrian traffic at any time, including, but not limited to, times when the outdoor furniture is removed.

(g)   A sidewalk cafe or outdoor seating area shall not interfere with any public service facility, such as a telephone, mailbox, or bench located on a sidewalk or public property.

(h)   Operation of a sidewalk cafe or outdoor seating area shall not adversely impact adjacent or nearby residential, religious, educational, or commercial properties and shall be in accordance with all applicable codes and regulations.

(i)   Outdoor furniture at a sidewalk cafe or outdoor seating area shall be of quality design, materials, and workmanship both to ensure the safety and convenience of users and to enhance the visual and aesthetic quality of the area. Such equipment shall be routinely cleaned, painted, or replaced and may be inspected by the City Manager or his designee.

Sec. 22-90.  Annual Site Inspection.

(a)   Any person or establishment possessing a sidewalk café or outdoor seating area permit shall be required to have an inspection of that sidewalk café or outdoor seating area conducted by the City Manager or his designee between May 1 and May 31 of every year of the permit’s duration. 

(b)   The person or establishment granted a permit shall pay to the city an inspection fee in the amount established by the City Council. 

(c)   No sidewalk café or outdoor seating area shall be operated during a calendar year during which an annual site inspection has not been performed. Failure to comply with this requirement shall subject the permit holder to the penalties in Sec. 22-97.

Sec. 22-91. Operating restrictions.

(a)   Unless otherwise regulated by state or federal law, all sidewalk cafes serving alcoholic beverages shall be allowed to operate during the hours of 10:00 a.m. until 1:00 a.m. the following day, Monday through Saturday, and during the hours of 12:00 p.m. (noon) until 10:00 p.m. Sunday. Monday through Saturday sales and service shall cease by 12:30 a.m. and all areas shall be vacated by 1:00 a.m. on the following day. Sunday sales and service shall cease by 9:30 p.m. and all areas shall be vacated by 10:00 p.m.

(b)   All alcoholic beverages to be served at a sidewalk cafe shall be prepared within the existing restaurant, and alcoholic beverages shall only be served to patrons within the sidewalk café. The operator of the sidewalk cafe shall take all necessary action to procure the appropriate license or permit from the relevant state and/or federal authority to serve alcoholic beverages in the sidewalk cafe and shall comply with all other state, federal and local laws, ordinances and regulations concerning the serving of alcoholic beverages.

(c)   The consumption of alcoholic beverages purchased at a sidewalk cafe within the confines of the sidewalk cafe area shall not be construed as a violation of Section 54-199 of this Code.

(d)   The permittee shall not serve food or beverages to a patron at a sidewalk cafe unless that patron is within the sidewalk care or outdoor seating area.

(e)   The permittee may leave the outdoor furniture in place over night.  It shall be the responsibility and duty of the permittee to secure their outdoor furniture.

(f)   From November 2 until the time of the annual inspection set forth in section 22-90, above, outdoor furniture shall not be stored outside. It shall be the responsibility of the establishment to secure adequate storage of these items.

(g)   The maintenance of a sidewalk cafe or outdoor seating area shall be the responsibility of the establishment including but not limited to, surface treatment and cleaning, litter control, sweeping, and snow and ice removal. The sidewalk and public property shall be kept neat and clean at all times and free from any substance that may cause damage to the sidewalk or public property or cause pedestrian injury.

(h)   Advertising on table umbrellas or railings is prohibited.

Sec. 22-92. Revocation and suspension.

Permits and the accompanying licenses issued under this section may be suspended or revoked at will by the City Manager. It is to be understood that the permits granted under this section are revocable at the will of the City and that permittees acquire no rights in the City Property and expressly waive any right to claim damages or compensation in case their permits are revoked. The decision to revoke or suspend a permit, or failure to do so, shall in no way be construed as to limit the right of the City to issue a municipal civil infraction violation under Section 22-97, below.

III.          Sections 22-93 through 22-97 of Article III of Chapter 22 are hereby added and shall read as follows:

Sec. 22-93. Hearing demand; review; council powers.

Any person whose permit is revoked or suspended, or any person whose application for a permit is denied, may have a hearing on that determination before the City Council. Requests for a hearing or an appeal must be made, in writing within five days of the revocation, suspension or denial. No person shall operate any sidewalk cafe or outdoor seating area during any time when the permit therefore has been suspended, revoked, or canceled.

Sec. 22-94. Renewal considered as original application.

Unless otherwise provided in this article, an application for renewal of a sidewalk cafe or outdoor seating area permit shall be considered in the same manner as an original application 

Sec. 22-95. Transferal.

No permit issued under the provisions of this article or any other ordinance of the city shall be transferable.  If the property or establishment changes ownership, the new owner is required to submit a new application for review.

Sec. 22-96. Violations.  

Any person found to violate this chapter shall be guilty of a municipal civil infraction and shall be punished by a fine(s) as set forth in section 1-16(b). The imposition of a municipal civil infraction fine, or failure to impose such a fine, under this section shall in no way be construed as to limit the right of the City Manager to revoke or suspend a license under Section 22-92, above.

Sec. 22-97. Severability.

If any clause, sentence, paragraph or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy and in which such judgment shall have been rendered.

III.      Section 54-199 of Article VII of Chapter 54 is hereby replaced and shall read as follows:

Sec. 54-199. Open containers

No person shall have in his possession any open bottle or container, containing alcoholic liquor, while such person is on any public highway, park, place of amusement, parking area, or any other public place open to the public, excepting those premises duly licensed for the sale and consumption of alcoholic beverages on the premises, including, but not limited to sidewalk cafés holding permits issued under Sections 22-86 et seq. of this Code.

IV.       This Ordinance shall be in full force and effect fifteen (15) days from adoption as provided by the Brighton City Charter.

Tammy Allen, City Clerk

 

CITY OF BRIGHTON WATERFOWL FEEDING RE-EDUCATION PROGRAM

Due to health concerns and the unsightly effects as well as the negative effects to the waterfowl caused by feeding, the City of Brighton has begun a program to educate the public regarding the feeding of waterfowl. 

The City is asking residents and visitors to our downtown area to discontinue feeding the geese and ducks at the Millpond.   We have installed “Do not Feed Waterfowl” signs around the Millpond area, which note the following negative effects of feeding the waterfowl:
 

• Unnatural Behavior        

Geese lose their fear of humans when they are fed, which will cause them to nest in inappropriate sites, such as in shrubbery near buildings or parking lots, and then they can demonstrate aggressive behavior toward people while defending their nesting territory.

• Pollution

 A goose produces about a pound of droppings per day and this along with feathers can collect in public areas, such as sidewalks, lawns, playgrounds, etc.  If high goose numbers persist in shallow water areas, they may even elevate bacteria levels via fecal Coliform, this could cause contamination to the waterways as well as public drinking water.