Bill Summary for S 311 (2013-2014)

Summary date: 

Mar 13 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 311 (Local) Filed Wednesday, March 13, 2013
A BILL TO BE ENTITLED AN ACT TO PERMIT THE TOWNS OF APEX AND CARY AND THE CITY OF RALEIGH TO ENACT SIDEWALK DINING ORDINANCES FOR USE OF STATE-OWNED RIGHT-OF-WAY.
Intro. by Stein, Blue, Barringer.

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Bill summary

As title indicates.

Allows the Department of Transportation (Department) to enter into agreements with Apex and Cary and with the City of Raleigh 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.

Applies to the towns of Apex and Cary and to the City of Raleigh only.

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