A BILL TO BE ENTITLED AN ACT TO PERMIT LOCAL GOVERNMENTS TO ENACT SIDEWALK DINING ORDINANCES FOR USE OF STATE-OWNED RIGHT-OF-WAY. Enacted July 17, 2013. Effective July 17, 2013.
Summary date: Jul 18 2013 - View summary
Summary date: Jun 26 2013 - View summary
Senate committee substitute makes the following changes to the 2nd edition. Makes an organizational and clarifying change.
Summary date: Mar 20 2013 - View summary
House Committee substitute makes the following changes to the 1st edition.
Corrects a reference in Section 1, GS 136-18(9), to GS 136-27.4.
Changes the number of the new statute in Section 2 of the bill to GS 136-27.4
Amends Section 2 of the bill making technical, clarifying, and conforming changes.
Adds new GS 136-27.4(a) to add to the requirements to be met for sidewalk dining any other requirements deemed necessary by the Department, either for a particular local government or a particular component of the state highway system. Also amends the amount of required liability insurance.
Amends GS 136-27.4(a), expanding the power and authority a local government has in regards to sidewalk dining. It has the authority to issue such permits or deny them completely, as well as impose additional requirements as it sees fit.
Summary date: Feb 28 2013 - View summary
As title indicates.
Allows the Department of Transportation (Department) to enter into agreements with local governments to allow the use of state rights-of-way for sidewalk dining activities with the following requirements and conditions: (1) Tables, chairs, and furnishings are placed a minimum of six feet from travel lanes. (2) Tables, chairs, and furnishings are placed so that they leave at least five feet of unobstructed paved space of sidewalk and otherwise comply with the Americans with Disabilities Act (ADA). (3) Tables, chairs, and furnishings do not block driveways, alleyways, entrances or exits, fire hydrants or standpipes, utility accesses, ventilation areas, or ramps needed for the ADA. (4) Maximum posted speed of the roadway adjacent to the area used for sidewalk dining activities cannot exceed 45 mph. (5) Restaurant operator will provide evidence of adequate liability insurance. (6) Restaurant operator will provide an indemnity agreement and hold the Department or local government harmless. (7) Restaurant operator will provide copies of all required permits and licenses. (8) Restaurant operator will cease part or all sidewalk dining activities during times of construction, maintenance, or repair.
The Department or local governments can impose additional requirements on a case-by-case basis.
Amends GS 136-18(9), making clarifying, conforming, and technical changes to provide for the implementation and allowance of sidewalk dining activities.
This act does not preempt or override local ordinances currently in place.