§ 25A-187. Parklet operation and conditions.

(a)

The parklet shall be operated for the purpose of accommodating the public in general without charge and the patrons of the permittee and may include providing open air dining and beverage service opportunities, provided, however, that nothing herein shall be construed as prohibiting the permittee from charging for the sale or service of food or beverage within the parklet license area for sales from the qualifying business. The parklet shall be available to the public at large and not designated primarily for patrons of the permittee.

(b)

Permittee shall preserve and protect all existing trees and plantings in the public right-of-way within the immediate vicinity of the parklet. Permittee shall be required to replace or mitigate entirely at permittee's expense, any damage to the public right-of-way or private property as a result of the parklet construction, installation, placement, operation, maintenance or removal.

(c)

General landscape maintenance attendant to the parklet should be performed on a regular basis at the permittee's sole cost and expense.

(d)

Awnings, umbrellas and other decorative material accessory to the parklet shall be fire retardant, pressure treated or manufactured of fire resistive material.

(e)

Tables, chairs, umbrellas and any objects accessory to the parklet shall be maintained in a clean and attractive appearance, shall be in good state of repair at all times and shall be maintained in accordance with the approved maintenance plan and shall keep the landscaping and plants in a good, healthy and vibrant condition.

(f)

The parklet shall be maintained in a neat and orderly appearance at all times and the area shall be cleared of all debris on a periodic basis during the day, and again at the close of each business day in compliance with the approved maintenance plan.

(g)

The city may require the permittee to provide additional services beneath the parklet platform, including but not limited to pest abatement service and clearing of catch basin grates to allow proper storm drainage.

(h)

No portion of any object placed within the parklet boundary shall extend into the adjacent pedestrian sidewalk.

(i)

If the parklet includes planters, the planters must be placed within the parklet boundaries but must be secured to ensure that they do not move onto the adjacent un-level sidewalk. No planters with wheels are to be permitted.

(j)

Tables, seating, umbrellas and any other items accessory to the parklet shall be of a quality, design and lasting materials, and workmanship both to ensure the safety and convenience of the users and to be compatible with the uses in the immediate vicinity of the parklet.

(k)

The serving and consumption of alcoholic beverages as part of the operation of the project shall be permitted subject to regulations of governmental entities having jurisdiction over such activities.

(l)

No advertising signs or business identification signs shall be permitted within the parklet license area.

(m)

No table or chair nor any other part of the parklet may be attached, chained, or in any manner affixed to any tree, post or other fixture within the parklet license area.

(n)

If found necessary for the protection of health, safety and welfare of the public, the city manager or his designee may require the permittee to immediately remove or relocate all parts of the tables, chairs, umbrellas and equipment within the parklet license area. If the permittee fails to remove or relocate the tables, chairs and umbrellas as requested within a reasonable time as determined by the city manager, given the circumstances at hand, the city may remove or relocate same in emergency situations and the cost thereof shall be borne by the permittee.

(o)

The permittee is responsible for the costs associated with removal of the parklet platform and accessories.

(p)

The city and its officers and employees shall not be responsible for parklet or parklet components relocated during emergencies.

(q)

Amplified or non-amplified music may be permitted within the parklet area, upon recommendation of the department and subject to the approval of the city manager, or his designee, as to the hours at which the music may be played, the volume settings, placement of speakers and any other facet of the projection of the music.

(r)

The permittee shall, at its sole cost and expense, remove the tables, chairs and umbrellas from the parklet area at the close of permittee's qualifying business each day, provided the tables, chairs and umbrellas are set back in the parklet license area by the opening of business (no later than 11:00 a.m.) the following day, except for inclement weather.

(s)

Parklets shall not be permitted in front of a fire hydrant, over a manhole, public utility valve or cover. A clearance of fifteen (15) feet shall separate parklets from fire hydrants.

(t)

Parklets shall be required to have soft-hit posts, wheel stops and barriers on all edges of the parklet platform.

(u)

The parklet shall be constructed and installed to conform to all applicable codes, rules and regulations including the Florida Building Code, City of Fort Lauderdale's Unified Land Development Regulations, city's engineering standards, Americans with Disabilities Act ("ADA") and other applicable federal, state or county laws or regulations.

(v)

No parklet shall be designed or installed in such a manner as to result in a violation of the city's ULDR with regard to sight triangles. ULDR section 47-2.2, Measurements and ULDR section 47-35.1, Definitions ("sight distance" and "sight triangle").

(w)

There shall be a minimum of five (5) feet wide clear path between the parklet and the abutting sidewalks for pedestrians at all times.

(x)

The permittee shall keep on record with the department at all times, information on a contact person to be contacting during emergencies, such information on the contact person to include (i) name, (ii) mailing, (iii) e-mail address, (iv) telephone number both at work and residential.

(y)

The permittee shall have the continuing obligation of compliance with the Americans with Disabilities Act, as same may be amended from time to time.

(z)

The permittee shall, at its sole cost and expense, construct, operate, maintain and repair the parklet and parklet improvements and perform such acts and do such things as shall be lawfully required by any public body having jurisdiction over the parklet, parklet improvements and parklet license area will be installed, constructed, operated, used, maintained and repaired in order to comply with health and sanitary requirements, fire hazard requirements, zoning requirements, building code requirements, city engineering standards, environmental requirements and other similar regulatory requirements.

(aa)

Approval for the parklet will not go into effect until the city and the permittee have executed the parklet revocable license. The parklet revocable license template, in substantial form, is part of the application on file with the department.

( Ord. No. C-14-53, § 7, 1-6-15 )