Sidewalk Café Seating Information Sheet

Sidewalk Café Seating Information Sheet
555 Liberty Street SE Room 325
Salem, OR 97301-3513
503-588-6211 • www.cityofsalem.net
Sidewalk Café
Seating Information Sheet
Sidewalk café seating is a great way to add curb appeal and extra room for patrons of your
restaurant or café. No permit is needed for you to establish a sidewalk café; this type of seating
is still regulated by Salem Revised Code, Chapter 78, sections 220 and 240 (refer to page 2).
The two most important factors in setting up your sidewalk café are maintaining proper
clearances (see below) and keeping the area clean. Each sidewalk café must maintain a fivefoot minimum pedestrian pathway past the sidewalk café and a minimum three-foot buffer
from the curb. These clearances will serve to both keep your patrons safe and allow for the
passage of others along the sidewalk. This is particularly important for the handicapped, and it
is recommended the area directly adjacent to the building be kept clear of obstructions. Keeping
your sidewalk café area clean contributes to the appearance of your area and discourages
vandalism.
*
* Street Furniture—includes but not limited to permanent features such as street signs,
street lights, pedestrian lights, street trees, benches, trash receptacles, utility boxes,
bicycle racks, art pedestals, etc.
Continued on page 2.
Si necesita ayuda para comprender esta información, por favor llame 503-588-6211.
If you need help understanding this information, please call 503-588-6211.
It is the City of Salem’s policy to assure that no person shall be discriminated against on the grounds of race,
religion, color, sex, marital status, familial status, national origin, age, mental or physical disability, sexual
orientation, gender identity, and source of income, as provided by Salem Revised Code Chapter 97. The City of
Salem also fully complies with Title VI of the Civil Rights Act of 1964, and related statutes and regulations, in all
programs and activities.
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Salem Revised Code, Chapter 78,
Sections 220 and 240
78.220. Duty of Property Owners to Keep Sidewalks Safe,
Clean, Etc. (a) It shall be the duty of the owners, lessees,
and occupants of all property abutting upon or adjacent to
any sidewalk to keep such sidewalk clean and clear of ice,
snow, dirt, vegetation, debris, or obstructions for the safe
use of the public at all times. (b) The owners, lessees, and
occupants shall be liable to any person suffering bodily
injuries or property damage as a result of any breach of a
duty imposed under subsection (a) of this section. (c) In
the event any action naming the City or any of its officers,
employees, or agents is brought as a result of any failure to
comply with the duty imposed under subsection (a) of this
section, the owner of the property abutting the
defective sidewalk shall indemnify and defend
the City, its officers, employees, and agents, in
the event it is established in such action that
the occurrence or condition giving rise to the
action could have been prevented had such
owner not breached a duty imposed under
subsection (a) of this section. (d) Neither the
City nor its officers, employees, or agents acting
in the scope of their duties shall be liable to
any person having a remedy under subsection
(b) of this section. (e) Whenever any owner,
lessee, or occupant of any property neglects to
perform the duty imposed under subsection
(a) of this section, the Director shall issue a
notice and order the owner, lessee, or occupant
to remedy such neglect, and in case the person
then fails to make such sidewalk safe or to
clean the same or to clear the same of ice, snow,
dirt, vegetation, debris, or obstructions within
such time as the Director may have specified
in the notice and order, then the Director shall
proceed as provided in SRC 78.300. (Ord No.
4629; Ord No. 12-83; Ord No. 17-92; Ord No.
72-2002; Ord No. 99-07)
*
78.240. Sidewalk Cafes. (a) Any person owning
or operating a restaurant or café that serves
food, beverages or alcoholic liquor to patrons
seated at tables located within the sidewalk
area in front of the restaurant or café shall
maintain a pedestrian pathway of not less than
five feet wide and a vehicle buffer zone of not
less than three feet wide within the sidewalk
area. The pedestrian pathway and the vehicle
buffer zone shall be kept clear of fixtures, tables,
or chairs at all time. The pedestrian pathway
shall begin either where the public sidewalk
and the property line meet or between the
sidewalk café and the street when the sidewalk
café is placed next to a building or property
line and then extends into or is placed entirely
on the adjacent public sidewalk. (b) It shall be
unlawful for any person owning or operating a
sidewalk restaurant or café to fail to maintain a
pedestrian pathway or a vehicle buffer zone as
required in subsection (a). (Ord No. 3390; Ord
No. 52-84; Ord No. 72-2002; Ord No. 27-13)
* Street Furniture—includes but not limited to permanent features such as street signs, street lights, pedestrian lights,
street trees, benches, trash receptacles, utility boxes, bicycle racks, art pedestals, etc.
Page 2
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