§ 723-12. Retail Sidewalk Displays.

(a)

It shall be permissible for the owner or operator of a retail business to maintain a display of articles of merchandise in front of his business premises on the public sidewalk, without first obtaining a revocable street privilege, subject to the following requirements:

1.

A retail display, outside the Downtown Business District, may extend from the property line not more than a maximum of thirty-six (36) inches provided that a minimum of seven (7) feet of sidewalk width, measured between the curb and the front of the display, and a minimum of four (4) feet clear, unobstructed walking area must remain. A retail display otherwise permitted by this section within the Downtown Business District may extend from the property line not more than a maximum of thirty-six (36) inches provided that a minimum of ten (10) feet of sidewalk width, measured between the curb and the front of the display, and a minimum of six (6) feet of clear, unobstructed walking area must remain.

2.

Merchandise less than eighteen (18) inches in height shall be displayed on a display stand or bench surface. The total height of any permitted retail display shall not exceed four (4) feet above the sidewalk.

3.

Displays must be kept neat and free of litter, including the space underneath the stand and the surrounding sidewalk and roadway gutter areas.

4.

The owner or operator of the retail business displaying merchandise on the sidewalk as permitted by this section shall maintain a policy of general liability insurance, naming the City of Cincinnati as an additional insured, in an amount of not less than $500,000.00 to cover claims for any injuries arising from or related to said sidewalk merchandise display. A certificate of insurance demonstrating the required coverage shall be filed with the office of risk management prior to any use of the public sidewalk for a retail display as permitted in this section. A copy of said certificate shall be kept on the business premises behind the sidewalk display and shall be immediately available for inspection upon request.

5.

An otherwise authorized retail display shall be permitted on the sidewalk area only during the regular business hours of the principal business premises behind said display and while such premises are open for business. At all other times the sidewalk area shall be kept clear of all display merchandise, stands and any associated paraphernalia.

6.

Notwithstanding any other provisions of this section, the owner or operator of a business maintaining a retail sidewalk display shall immediately remove said display upon notice given by any Cincinnati police officer or other authorized representative of the city that the sidewalk display is unreasonably obstructing pedestrian traffic or has otherwise created a dangerous condition.

7.

Retail sidewalk displays shall be given location priority over sidewalk vendors.

(Ordained by Ord. No. 363-2009, § 1, eff. Jan. 16, 2010)

Editor's note

Ord. No. 363-2009, § 1, effective Jan. 16, 2010, repealed the former § 723-12 and enacted a new section as set out herein. The former § 723-12 pertained to free standing business or identification signs (sandwich boards) on sidewalk and derived from Ord. No. 184-1992, eff. May 29, 1992.

Cross reference

Penalty, § 723-99-C.