News Release
Sidewalk Sale Standards
June 20, 2007
The City of Fredericton supports downtown sidewalk sales to encourage street level pedestrian activity that contribute to facilitating a vibrant pedestrian people-oriented downtown. This must however, be accomplished in a way that ensures pedestrian movement is unobstructed, does not impede public safety and maintains an acceptable standard with respect to the aesthetics of the downtown.
In order to ensure that sidewalk function is not compromised by businesses operating sidewalk sales, the following terms and conditions must be satisfied:
1. Sidewalk sales are permitted within the City Centre Planning Area between May 1st and September 21st subject to the ability of each individual site meeting the prescribed sidewalk sale standards.
2. Hours of operation of the sidewalk sale shall be permitted between normal business operating hours, Monday – Sunday.
3. In the event that an individual site does not meet the prescribed standards as outlined below, the merchant has the option of applying for an exemption request to operate a sidewalk sale if it can be demonstrated that the sidewalk sale can be safely accommodated. Where the sidewalk sale area, in the opinion of the Development Officer in consultation with the Director of Engineering and Public Works, cannot be safely accommodated, the request will be denied.
4. Where an exemption request application is required to utilize the public right-of-way (sidewalk) for a sidewalk sale, the completed application form must be submitted to the Development Officer along with the following information:
i. a scale site plan indicating the location and layout of the proposed sidewalk sale. The site plan must indicate the proposed location of tables and display racks and any other accessory items, as well as identify all utility poles, fire hydrants, bus stops/shelters and other structures located within six (6) metres of the proposed site.
ii. A $50.00 application fee payable to the City of Fredericton.
iii. An exemption request application may be obtained from the Development Services Department.
5. Due to their unique traffic situations, sidewalk sales are not permitted on Westmorland, Regent or Smythe Street or in locations, which, in the opinion of the Director of Engineering and Public Works, obstruct sightlines at an intersection or cause any operational or safety problem on the public road rights-of-way.
6. Tables and/or racks must be of uniform style and design. Each operator will be limited to two standard .8 metre by 1.8 metre (2.5 feet by 6 feet) tables and one clothing or shoe rack for the display of merchandise. Clothing racks must be positioned vertical to the façade of the building. Standardized skirting for each table is required and will be provided from Downtown Fredericton Inc. Merchants can contact Downtown Fredericton Inc. at 458-8921 to obtain the required table skirting.
7. Display tables must incorporate a solid base perimeter on the stand to facilitate identification of the table by visually limited individuals.
8. Pedestrian entrances to all buildings shall be wheelchair accessible. A 1.1 metre walkway shall be maintained, free from all obstructions directly to the main door of the associated business.
9. Where a sidewalk sale is located at a street intersection, the retail sale area shall be set back a minimum of 3 metres from the corner of the building located at the intersection. Where a sidewalk sale is located adjacent to a driveway or alley, the sale retail area shall be set back a minimum of 1.5 metres from the corner of the building adjacent to the driveway or alley.
10. A minimum area shall be reserved for pedestrian use not less than 2.5 metres in width and shall be for the entire width of the building. Such pedestrian areas shall be maintained free and clear of all obstructions at all times and shall allow for a continuous walkway along the entire front of the building, connecting with pedestrian walkway areas on both ends thereof.
11. The sidewalk retail sale area shall not extend beyond the frontage of adjacent buildings. Retail sale displays must be located next to the building façade. Where deemed less intrusive, retail sale displays may be located within the 1 metre strip adjacent to the curb where the street furniture and utilities are located if deemed not to interfere with the operation of the adjacent public road right-of-way. An exemption request application is required if the merchant is proposing to locate the sidewalk sale within the service strip area adjacent to the curb.
12. The use of any sign(s) shall be subject to the issuance of a Sign Permit and the relevant provisions of Bylaw No. Z-2, The Zoning By-law for the City of Fredericton.
13. The operator of the sidewalk sale must carry a minimum of two million dollars ($2,000,000) of public liability and property damage insurance for the operation of the sidewalk sale. The City of Fredericton will not be liable for any harm or damages suffered as a result of an accident/incident of any kind within the boundaries of, or caused by, the sidewalk sale.
14. All merchandise and other structures including tables and all display racks shall be removed at the end of each business day without exception.
15. Sidewalk sales operating on a public right-of-way (sidewalk) not according to these standards will be subject to various forms of enforcement, which can be initiated by the Engineering and Public Works Department. Enforcement measures can include a verbal warning from authorized City personnel, and/or removal of the obstructions (including tables, racks and any other item placed on the right-of-way) by City forces.
16. Sidewalk Sale operators who violate the procedures outlined herein may not be eligible to participate in the program the following year and may also be subject to potential fines of not less than fifty dollars ($50.00) to a maximum of five hundred dollars ($500.00) as per By-law No. T-4, A By-law Respecting Streets and Sidewalks.
17. The Director of Engineering and Public Works and public utility agencies reserve the right of access to the sidewalk sale area for the installation, maintenance or repair of all utility infrastructure. In the event of an emergency, notice of access may not be given. For all scheduled work, every effort will be made to provide the operator with a one (1) week notice. Should access be required, sidewalk sale operation will be suspended until notified.
Any questions relating to the standards for the operation of sidewalk sales can be directed to Jennifer Voss, Senior Planner, Development Services, City of Fredericton at 460-2110 or Bruce McCormack, Downtown Fredericton at 458-8923.