City Heard Ordinance to Allow Commercial Activity on Sidewalks on First Read

The Plymouth Common Council heard an ordinance to allow commercial activity on sidewalks on first read. No formal action will be taken until December 23.

The ordinance states:

Statement of Purpose and Intent

It has become a common practice for businesses to decorate, display merchandise and signage, install outdoor seating, and generally encourage patrons to utilize the sidewalks within commercial districts of the City, especially the downtown area. Such outdoor uses encourage economic activity and can be attractive and inviting for customers of these businesses. In order to allow for and encourage these uses while maintaining a safe environment for all sidewalk users, it is necessary to amend the City Code restricting obstruction of sidewalks.

NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Plymouth, Indiana, as follows:


Section 1. Title IX, entitled General Regulations, Chapter 96, entitled Streets and Sidewalks, Section 96.001, entitled Obstructions, shall be amended as follows:

§ 96.001 OBSTRUCTING STREETS WITH GOODS, RUBBISH PROHIBITED.

It shall be unlawful for any person to obstruct or allow to become obstructed any street, alley, sidewalk, crosswalk or public place within the city:

(A) By placing, piling or displaying any goods, wares, merchandise, rubbish, or ashes or any other obstruction, or by suffering or permitting any box, barrel, bale, sign, post, marker or any other kind of goods or materials of obstruction to be placed on and allowed to remain on the sidewalks, streets or terraces between the sidewalks and the curb line of the streets;

(B) By occupying more than one-fourth of the sidewalk, for the deposit of goods, wares or merchandise in the course of receipt or delivery, for a longer period of time than 2 hours.

(C) For purposes of this section, a sidewalk shall not be considered obstructed so long as a minimum five foot wide portion in the center of the sidewalk remains completely clear and passable and all items placed on or above the sidewalk comply with applicable zoning and building codes as determined by the City’s Building Commissioner.

Section 2. This ordinance shall become effective immediately after passage, due attestation, and publication as required by law. Further, this ordinance shall remain in effect until amended or repealed by the Common Council.

This ordinance will be on the agenda for the December 23 meeting beginning at 6:30 p.m. ET in the Mayor’s Conference Room.