SIDEWALK SALES

The following conditions apply to sidewalk sales conducted on City of Ottawa streets.
1. The applicant must represent a Business Improvement Area, or if a Business Improvement Area does not exist, must represent the majority of the other merchants on the street wishing to participate in the sidewalk sale. A Special Event Permit will not be issued to an individual merchant making application in isolation.
2. It is the responsibility of the applicant to ensure that each business within the limits of the proposed sidewalk sale receives adequate prior notification and is given an opportunity to participate.
3. It is the responsibility of the applicant to ensure that each merchant participating in the sidewalk sale is provided with a copy of the permit.
4. It is the responsibility of the applicant to install, maintain and remove any barricades that may be required by municipal staff or the Ottawa Police.
5. No tables or barricades shall be permitted within 6.0 m of an intersection.
6. There must be a minimum of 1.5 m of clear sidewalk space maintained at all times.
7. Access must be maintained at bus stops for buses loading and discharging passengers.
8. Access must not be denied to sellers wishing to exercise their rights to vend on the sidewalk or persons who ordinarily have legal access to the sidewalk.
9. Merchants participating in the sidewalk sale shall be restricted to the sidewalk/roadway within the boundary lines of their establishment as extended across the sidewalk/roadway. Merchants wishing to use sidewalk/roadway space in front of an adjacent or any other establishment as part of their display require the written approval of that establishment’s proprietor.
10. It is the responsibility of the applicant to ensure that any litter generated as a result of the sidewalk sale is picked up.
11. Temporary No Stopping signs and parking meter covers may be necessary if the use of the curb lanes in addition to the sidewalks is also required for the sidewalk sale. These services, if required, shall be performed by municipal staff at the event organizer’s cost.
12. If the use of the curb lanes in addition to the sidewalks is also required for the sidewalk sale, the roadway must be kept clear of all infrastructure (i.e. barricades, traffic cones, tables, merchandise, etc.) during weekday peak traffic hours (7:00 a.m. – 9:00 a.m. and 3:30 p.m. to 5:30 p.m.). Statutory holidays are excepted.
13. The applicant shall provide and maintain Comprehensive General Liability or Special Events Liability insurance subject to limits of not less than Two Million ($2,000,000.00) Dollars inclusive per occurrence for bodily injury, death and damage to property. Such insurance shall be in the name of the applicant and shall name the City of Ottawa as an additional insured thereunder.
14. The provision of a completed and signed Statement of Indemnification by the applicant or a person with signing authority within the organization making application is required.
15. Failure to comply with any of the above criteria during an approved sidewalk sale may result in the ‘two strike rule’ being applied against the organization (or organizer) that requested the Special Event Permit. The ‘two strike rule’ is a penalty provision whereby in situations of non-compliance during an approved sidewalk sale, staff will work with the organizer to ensure compliance during subsequent events. If non-compliance occurs a second time, a subsequent application from the same organization (or organizer) will not be considered for a period of two years from the time the second violation occurred (in other words a one year penalty for organizations that have annual events and a two year penalty for organizations that have more frequent and less involved events to plan). Time permitting, event organizers have the option of appealing a decision of the Transportation, Utilities and Public Works General Manager to the Transportation and Transit Committee.
16. The event organizer is forewarned that an approved sidewalk sale may be arbitrarily altered or cancelled in response to an emergency situation. The use of this authority shall not be unreasonably applied.

 

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