STREET USE AND CLEANLINESS

Raleigh City Code pt. 12, ch. 1, art. B

in effect

Raleigh City Code § 12-1021 AUCTION SALES IN STREETS; ATTRACTING CROWDS.

Sec. 12-1021. - AUCTION SALES IN STREETS; ATTRACTING CROWDS. No auction shall be held on any street within the City limits; nor shall any person attract a crowd to himself on any street or thoroughfare in the City so as to impede travel thereon by advertising his goods or merchandise, or by offering them for sale, or by any manner of speech making whatsoever; providing, nothing herein contained shall prohibit speech making or serenading under the control of the Chief of Police; provided further, this section shall not apply to legal sales held on public property. Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Code 1959, §19-1; Ord. No. 2022-339, §28, 2-15-22)

Raleigh City Code § 12-1022 USE OF SIDEWALKS FOR PRIVATE PURPOSES; PERMIT REQUIRED; INSURANCE.

Sec. 12-1022. - USE OF SIDEWALKS FOR PRIVATE PURPOSES; PERMIT REQUIRED; INSURANCE. (a) No use of the surface of public sidewalks or public right-of-way for private purposes shall be permitted or continued unless the person, partnership, firm, or corporation desiring to use or continue the use of a sidewalk or public right-of-way shall procure a permit from the Director of Transportation of the City, after the approval of such use by the City Council. Such permit shall be issued only upon condition that the user of the sidewalk or public right-of-way for private purpose shall first assume in writing, responsibility for any injury or death of persons or damage sustained as a result of such use. Notwithstanding the above or the provisions of Section 12-1001 of this Code, uses of City-maintained right-of-way for private purposes associated with the installation or maintenance of telecommunications, video programming, electricity, or similarly situated utility infrastructure may be permitted by the Director of Transportation and shall not require approval of the City Council. The Director of Transportation may approve encroachments for telecommunications, video programming, electricity, or similarly situated utility encroachments for specific locations or through a master agreement applicable to all City-maintained rights-of-way. Permission for the use of public rights-of-way for any use permitted herein shall not relieve the applicant from compliance with any other requirement of the Code. Upon construction of the encroachment the user shall submit to the City as built drawings showing the precise location of the encroachment, and in the case of encroachments for transmission devices the drawing shall also show the location of other utilities in the public right-of-way or sidewalk. As-built plans shall not be required for underground lawn irrigation systems when used specifically for single-family or duplex dwelling units. Permission for the use of the public rights-of-way or sidewalks shall not relieve the petitioner from compliance with any other requirement of this Code. Permission for the use of the sidewalk or public rights-of-way for any use permitted herein shall be subject to revocation by the Council at will. Newsracks and public utility companies authorized to use the streets under the franchise from the City shall be exempt from the provisions of this section. Handicapped ramps installed to serve government buildings built prior to March 20, 1979, shall be exempt from the provisions of this section, provided such ramps shall not extend or occupy more than three-fifths the width of the sidewalk and shall not extend closer than three (3) feet to the curb. Any person, partnership, firm, corporation or any other entity who shall use a sidewalk or public right-of-way without first obtaining the approval of the City Council shall be guilty of a misdemeanor and shall upon conviction be punished as in such cases provided by statute. In addition to this criminal remedy and any other authorized remedy, any person, partnership, firm, corporation or any other entity who excavates or excavated in a sidewalk or public right-of-way without first obtaining the approval of the City Council shall be subject in the sole discretion of the Council to a civil penalty of not more than two hundred dollars ($200.00) plus ten dollars ($10.00) for each continuous day of use. No penalty shall be assessed until the alleged violator has been notified of the violation. The Council shall determine the amount of the civil penalty to be assessed and shall make a written demand for payment upon the person, partnership, firm, corporation or entity responsible for the violation and shall set forth in detail the violation for which the penalty has been invoked. If payment is not received or equitable settlement reached within thirty (30) days after demand for payment is made, the matter shall be referred to the City Attorney for institution of a civil action in the name of the City in the appropriate division of the General Court of Justice of Wake County for recovery of the penalty. (b) Newsracks shall not be allowed on the public right-of-way unless the conditions contained in this subsection are met. A newsrack is defined as any self-service container, storage unit or other dispenser installed, used, or maintained for the distribution of newspapers or news periodicals. After the effective date of this ordinance [September 18, 1984] no newsrack shall be placed at the sidewalk until it has received a permit granted by the Inspections Department. There shall be no charge made for the permit and it shall be issued if the issuing officer finds that the newsrack and location meet the following conditions: (1) No individual newsrack shall exceed fifty (50) inches in height, twenty-four (24) inches in width and twenty-four (24) inches in thickness. This includes all signs and any other permanent attachments necessary for the operation of the newsrack. (2) Newsracks may be placed no closer than five (5) feet from the edge of the street curb and shall be placed parallel to and no more than six (6) inches from the sidewalk edge farthest away from the street curb, or the wall of a building which is adjacent to the sidewalk edge. (3) No newsrack shall be affixed or attached to any fixture or other property owned or maintained by the City of Raleigh. All newsracks shall be enclosed so as to prevent the unintended escape therefrom of the printed material being dispensed from the rack. If a vendor cannot provide an enclosed rack, it may use an open rack if that rack has a latch or other device to prevent the contents of the rack from being removed by the wind or other accidental means. Any newsracks not meeting these standards shall be removed from the public right-of-way no later than July 15, 1995. (4) No newsracks shall be placed, installed, used or maintained: a. Within fifteen (15) feet of any fire hydrant, standpipe or siamese connector. b. Within five (5) feet of any emergency call box or other emergency telecommunications equipment or any other emergency facility. c. Within five (5) feet of any driveway or cross-walk. d. Within five (5) feet of any public transit benches or other public benches and trash containers. e. Within five (5) feet of any area within the public right-of-way improved with lawn, flowers, shrubs, or trees. f. At any location where the clear space for the passageway of pedestrians is reduced to less than five (5) feet. g. Within a ten-foot radius of the points of intersection of the right-of-way of two (2) intersecting streets. h. Within five (5) feet of any underground utility access points, ventilation areas or meters. i. Within five (5) feet of any handicapped ramps or other facilities provided for handicapped persons. j. Within five (5) feet of any building access, exits or any emergency access or exit ways. (5) No newsrack shall be used for advertising signs or publicity purposes other than an identification sign dealing with the display, sale or purchase of the newspaper or news periodical sold therein. Within ninety (90) days after this section becomes effective, every person or other entity which places or maintains a newsrack on the streets of the City of Raleigh shall have the vendor's name, address and telephone number affixed thereto in a place where such information may be easily seen. A uniform sticker shall be supplied by the Inspections Department for this purpose. Any newsrack installed, used or maintained in violation of the provisions of this section shall be tagged with a "notice of violation" stating the violation, date of tagging, notice of intention to remove the newsrack if the violation is not corrected within ten (10) days or procedure for obtaining a hearing before the Inspections Department is made giving the owner of the newsrack opportunity to be heard regarding the violation. The Inspections Department or its designate may, as an alternative to tagging said newsrack, move, align, or otherwise reposition such rack or racks in order to restore them to a legal condition. Any newsrack which has been tagged and remains in violation of the provisions stated on the tag past the ten-day correction period, and for which no hearing has been requested, shall be removed by the Inspections Department or its designate and stored in a secure location. The Inspections Department or its designate shall notify the owner thereof by mailing a "notice of removal" to the last known address of the owner. Such notice shall state the date the newsrack was removed, the reasons therefor, the procedure for obtaining a post-removal hearing before the Inspections Department, if desired. Any such newsrack removed and stored pursuant to these provisions shall be released to the owner thereof if claimed within forty-five (45) days after such removal and upon the payment of reasonable charges of removal and storage. Upon failure of the owner to claim such newsrack and pay the reasonable charges within forty-five (45) days after the mailing of written notice of removal, such newsrack shall be deemed to be unclaimed property in possession of the Police Department and may be disposed of pursuant to the provisions outlined in the Code of the City of Raleigh. Any newsrack in violation of the provisions of this section, which violation creates an immediate danger to the health, safety or welfare of the public, which violation cannot be corrected by moving or otherwise repositioning the newsrack, may be summarily removed and stored in a secure location so as to eliminate the danger to the health, safety and welfare of the public. The Inspections Department or its designate shall notify the owner as outlined in this section. Every person or other entity which places or maintains a newsrack on a public sidewalk or right-of-way in the City of Raleigh shall file a written statement with the Inspections Department satisfactory to the City Attorney whereby he or it agrees to indemnify and hold harmless the City, its officers, councilmen and employees, from any loss or liability or damage, including expenses and costs, for bodily or personal injury, and for property damage sustained by any person as a result of the installation, use, or maintenance of a newsrack within the City of Raleigh. (Code 1959, §19-5.1; Ord. No. 1977-472, 3-15-77; Ord. No. 1979-46, 3-20-79; Ord. No. 1984-415, §§1—3, 9-18-84; Ord. No. 1985-639A, §§7—9, 9-17-85; Ord. No. 1987-36, §1, 9-1-87; Ord. No. 1994-521, §1, 12-13-94; Ord. No. 1998-454, §19, 11-4-98; Ord. No. 1999-482, §2, 1-5-99; Ord. No. 2006-83, §2, 9-5-06; Ord. No. 2009-641, §§2, 3, 9-1-09; Ord. No. 2020-76, §1, 4-7-20)

Raleigh City Code § 12-1023 PRESENT USES; REPAIRS; COSTS.

Sec. 12-1023. - PRESENT USES; REPAIRS; COSTS. Uses presently made of the sidewalks for private purposes may be continued only on condition that the provisions of this section are complied with within sixty (60) days of the effective date of this section, and upon failure to comply herewith, the property owner using a sidewalk for private purposes shall immediately discontinue such use and restore the sidewalk to its original condition. The City may restore the sidewalk to its original condition and assess the cost thereof against the property of the owner if he shall fail to do so and such cost shall be a lien upon the property, collectible in the same manner that taxes are collected; by civil action; or require that the sidewalk be repaired and assess the cost thereby against the property abutting on both sides of the street, unless there already exists a sidewalk, on the other side of the street the total cost of which was assessed against the abutting property.

Raleigh City Code § 12-1024 PEDDLERS' TIME ON STREET LIMITED; PRESENCE RESTRICTED IN CERTAIN AREA; IMPEDING PEDESTRIANS PROHIBITED; WASTE RECEPTACLE REQUIRED ON STAND, CART, ETC.

Sec. 12-1024. - PEDDLERS' TIME ON STREET LIMITED; PRESENCE RESTRICTED IN CERTAIN AREA; IMPEDING PEDESTRIANS PROHIBITED; WASTE RECEPTACLE REQUIRED ON STAND, CART, ETC. (a) All vending controlled by the Private Use of Public Spaces Handbook as adopted by the Raleigh City Council on February 20, 2007, and as subsequently amended shall only be conducted pursuant to the terms of that document. Anyone vending without a permit or outside the parameters of the handbook relating to location, type of cart, product sold, or any other specification shall be guilty of a misdemeanor. The misdemeanor may be punished by a fine greater than fifty dollars ($50.00) as set out in N.C.G.S. 14-4. (b) Except pursuant to a special event permit, it shall be unlawful to peddle in the streets of the City items other than home-made food goods, fresh cut flowers, fruits, vegetables, nuts, eggs, meat, dairy products, and original artworks and handicrafts produced by the peddler. If a special event permit is granted the peddler may also sell merchandise which is related to the event for the permit has been granted. The peddler shall comply with all of the following conditions: (1) The peddler shall obtain an annual permit from the City after establishing that the vendor complies with all legal requirements for its operation. The fee for the annual permit is as set forth in the City of Raleigh Fee Schedule. Permits are not transferrable; (2) The peddler shall comply with all federal, State, and local regulations applicable to the products offered for sale, including health and food safety regulations. (3) The peddler's operations shall not impede, endanger, or interfere with travel on or use of the street or the sidewalk by the public. (4) The peddler shall obey all parking regulations. If the parking space selected by the peddler is not a metered space, the peddler shall park to conduct sales for a maximum of two (2) hours during anyone day. (5) The peddler shall not use or permit customers to use the street. All vending transactions with customers shall occur at the curb or inside the peddler's vehicle; (6) The peddler shall promptly remove any trash associated with its operation and may not dispose of its trash in any City-owned public trash receptacle; (7) The vehicle used by the peddler shall have a gross vehicle weight when unloaded no greater than three thousand nine hundred (3,900) lbs. and the vehicle shall not extend beyond the boundaries of any parking space in which it is located; (8) The peddler shall provide proof of a valid insurance policy that provides a minimum liability coverage of one million dollars ($1,000,000) with the City named as an additional insured. The peddler shall also hold the City, its officers, councilors, and employees harmless and indemnify them for any loss, liability, damage, and costs and expenses arising from its operations; and, (9) The peddler shall not locate within fifty (50) feet of a fixed-location or City permitted pushcart business of a competing nature or within fifty (50) feet of an outdoor dining space. No peddler may operate within fifty (50) feet of another peddler operating under this section. (10) The peddler shall not operate within an area designated for a special event unless the peddler is a part of the permitted special event. (c) Vendors who operate solely from a zero-emissions motorized vehicle licensed by the State Division of Motor Vehicles to operate on streets and highways may peddle those items described in subsection (b) from commercial loading zones within the Downtown Overlay and Glenwood South Business Districts on the following conditions: (1) The vendor shall obtain an annual permit from the City after establishing that the vendor complies with all legal requirements for its operation; (2) All equipment required for the operation and the operation itself is contained within the zero-emissions motorized vehicle; (3) The vendor may occupy the loading zone space at the end of the posted period for the loading zone space and shall remove all equipment and leave all loading zones no later than 11:00 p.m.; (4) The vendor shall not use or permit customers to use the street. All vending transactions with customers shall occur at the curb; (5) The vendor shall promptly remove any trash associated with its operation; (6) The vehicle shall be no larger than shall have a gross vehicle weight when unloaded no greater than three thousand nine hundred (3,900) lbs. and the vehicle shall not extend beyond the boundaries of the commercial loading zone; (7) The vendor shall hold the City, its officers, councilors, and employees harmless and indemnify them for any loss, liability, damage, and costs and expenses arising from its operations; and, (8) No fixed-location business of a competing nature and no outdoor dining space is located within 50' of the loading zone parking space to be used by the vendor. (d) Provided further, it shall be unlawful for any person to erect, maintain or have any stand, cart or vehicle upon any street which impedes, endangers or interferes with the travel upon or use of the streets by the public. Each such stand, cart or vehicle shall be equipped with a waste receptacle and shall have rubber tires. (e) All pushcarts must obtain and maintain a permit for each location where the owner of the pushcart intends to operate. All applications for permit renewal must be filed no later than June 20 preceding the next permit year. During the period June 21 through July 1 the permits for any spaces that were not renewed will be available to new applicants. In the event that more than one applicant desires one of the abandoned locations the City will conduct a lottery to assign that space. The price of each permit and permit renewal is as set forth in the City of Raleigh Fee Schedule. Permit applications shall contain the following information: (1) A home occupation use permit for a home based business. (2) A food vending permit from Wake County. (3) A valid City of Raleigh business license. (4) A scaled sketch plan or photographs showing proposed cart location, dimension, and details of surrounding streetscape elements, covering six (6) feet on all sides of the edge of the cart operation area including property lines, sidewalks, curb lines, lighting, trees indicating size, tree grates, planters, parking meters, benches, street signs, bus stops and fire hydrants. The cart operation area shall not exceed one hundred (100) square feet. (5) A list of products to be sold. (6) Proof of a valid insurance policy that provides a minimum liability coverage of one million dollars ($1,000,000.00) with the City named as an additional insured. (7) A written indemnity agreement that will hold harmless the City, its officers, and employees, for any loss or liability or damage, including costs, for bodily injury or property damage sustained by a person as a result of the negligent installation, use, or maintenance of a permitted space. (8) A food permit from the N.C. Department of Agriculture if the applicant intends to sell baked goods or ice cream. (f) Permit holders may be required to remove private materials or accessories to allow street, sidewalk, or utility access for maintenance operation or during approved special events. All permits issued pursuant to this section shall be suspended during a special event approved by the City Council. Carts are excluded within four hundred (400) feet of the edge of any special events area unless the permit holder is given permission from the event sponsor to set up within the designated event area. No more than three (3) permits per cart shall be issued to any cart owner. (g) Pushcarts are prohibited in areas not zoned for commercial use. In all other areas of the City the carts shall conform to the following regulations regarding location and operation: (1) Carts must not locate in any area that impedes, endangers, or interferes with pedestrian or vehicular traffic. (2) Carts selling food products must be located at least fifty (50) feet from the entrance to any business selling food unless the owner of the other business gives written permission for the infringement of the no vending area. (3) Carts must locate at least fifty (50) feet from any outdoor eating area. (4) Carts must be located at least two (2) feet from any curb. (5) Carts must not be locked or attached to trees or street furniture. (6) Carts must maintain an unobstructed pedestrian corridor of a minimum of five (5) feet in width parallel to the street. On Fayetteville Street the minimum pedestrian corridor is seven (7) feet. (7) No more than two (2) carts will be allowed on any block face. (h) All carts must meet the following design standards: (1) Carts must be non-motorized with operable wheels. Persons with disabilities may use a motorized system to propel the cart. (2) All carts must be self contained with a waste receptacle. All equipment other than coolers must be contained on or with in the cart. (3) A cart may not exceed nine and one-half (9.5) feet in height and eight and one-half (8.5) feet in length and four (4) feet in width. Carts permitted prior to 2007 may continue to operate if they exceed any of these dimensions. (4) Umbrellas or canopies must be attached to the cart and must not exceed nine and one-half (9.5) feet in height above grade. Maximum diameter of canopies and umbrellas shall not exceed six (6) feet and shall not interfere with pedestrian movement. No cart shall have more than two (2) umbrellas. (5) Carts must be constructed of durable material and not plastic or wood may be visible. (6) Carts must comply with all local, state, and federal rules regarding sanitation and protection of food from airborne contamination. (7) All signage on carts shall comply with the Raleigh Sign Ordinance. No free standing signage is permitted. (8) Sales of goods and merchandise are limited to food and beverage, fresh cut flowers, or original artwork and handicrafts produced by the vendor. All items for sale must be confined to the cart. Food vendors may place a maximum of three (3) coolers within their containment area so long as the coolers are neatly stacked to avoid visual clutter. No generators may be used at any time. (9) A vendor may maintain one chair for his own use. No public seating is allowed. Pushcarts may not be stored, parked, or left overnight on any City property. (10) Carts may only be operated between the hours of 6:00 a.m. and 1:15 a.m. Cleanup and removal of the cart must be completed by 1:45 a.m. The operator must be present at all times and must have a valid permit on his person or on the cart at all times. (11) Permits are not transferrable. (12) The operator is responsible for all waste and trash removal. The containment area must be kept clear of grease, trash, paper, cups or cans associated with the operation. No liquid waste or grease is to be disposed of in tree pits or onto the sidewalks, streets or other public places. (i) Any street vending performed that is not in compliance with these regulations is illegal. (j) A permit is revoked if the operator receives three (3) citations, either civil, criminal or combination thereof during any calendar year. (k) Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Code 1959, §9-12; Ord. No. 1980-393, §§5, 6, 6-3-80; Ord. No. 1989-441, §1, 10-3-89; Ord. No. 2010-773, §1, 8-3-10; Ord. No. 2010-815, §1, 12-7-10; Ord. No. 2011-835, §1, 2-1-11; Ord. No. 2012-87, §1, 7-3-12; Ord. No. 2015-489, §1, 9-15-15; Ord. No. 2019-949, §1(Att.), 6-4-19, eff. 7-1-19; Ord. No. 2020-64, §§1, 2, 3-3-20; Ord. No. 2021-305, §1, 11-16-21; Ord. No. 2022-339, §29, 2-15-22)

Raleigh City Code § 12-1024.1 FOOD TRUCK ACTIVITIES LOCATED ON PUBLIC RIGHT-OF-WAY.

Sec. 12-1024.1. - FOOD TRUCK ACTIVITIES LOCATED ON PUBLIC RIGHT-OF-WAY. (a) Definitions. Food truck means a licensed, motorized vehicle or mobile food unit licensed by the NC State Division of Motor Vehicles and as authorized by N.C.G.S. 130A-247 et seq. which is temporarily stored in a location where food items are sold to the general public. A food truck hasan unloaded gross vehicle weight between three thousand nine hundred (3,900) pounds and sixteen thousand (16,000) pounds. Defined locations means five (5) distinct areas within the City of Raleigh: 0—199 blocks of South State Street between New Bern Avenue and West Hargett Street; 0—199 Blocks of Polk Street between North Wilmington Avenue and North Blount Street; 400 Block of West North Street between Harrington and North West Street;; and the blocks bounded by West Hargett Street, South West Street, West Davie Street and South Dawson Street. Permit holder means any person who holds a current food truck permit. Permitted parking space means the location identified by the City in the approved food truck permit. Vendor means any person who owns, operates or manages a business that uses or applies for a food truck permit. (b) Right-of-Way Use Limited, Permit Required. 1. No food truck may utilize the right-of-way to serve customers without obtaining a permit for food trucks within the right-of-way. This shall not apply to special events approved by the City. 2. A vendor may obtain a permit to serve customers from the right-of-way, provided all standards identified in this section are met. If demand for food trucks exceeds available parking spaces within the defined locations, the City may utilize a lottery system to award the permits. 3. A completed permit application must be submitted to the City. The permit application shall be accompanied by all required elements listed on the application and the submittal fee, as indicated in the City of Raleigh Fee Schedule. 4. The vendor must possess a valid insurance policy through an insurance carrier authorized or eligible to do business in the State of North Carolina for any damage to the public right-of-way and for any damages for which the City might incur liability because of property damage or personal injury arising out of the use of the public right-of-way. The minimum liability limit of the policy shall be one million dollars ($1,000,000.00). The City of Raleigh shall be listed as an additional insured as its interests may appear on all Certificates of Insurance. 5. The vendor shall hold the City, its officers, councilors and employees harmless and indemnify them for any loss, liability, damage and costs and expenses arising from its operations. (c) Right-of-way Eligible for Food Truck Service. A food truck providing service from the right-of-way must meet all of the following standards: 1. The food truck may only be parked within the permitted parking space within the defined locations. 2. All food trucks must be situated to allow at least five (5) feet of unobstructed space for pedestrians on sidewalks, pedestrian paths and other locations intended primarily for pedestrian travel. If any applicable law, including Americans with Disability Act regulations, shall require a greater distance, the greater distance shall apply. 3. The food truck shall not be located within one hundred (100) feet of the main entrance of any restaurant, any outdoor dining space, or any fixed location or City-permitted pushcart business of a competing nature. If a restaurant subsequently locates within the minimum spacing requirement, the food truck may operate until the food truck permit expires. 4. No food truck may be parked in a location that prohibits or restricts access to a private property. A minimum five (5) foot spacing is required from any driveway, measured from the driveway apron. 5. The food truck must be located at least five (5) feet from any utility box, utility vault, handicapped ramp, or emergency call box. The food truck must be located at least fifteen (15) feet from a fire hydrant. 6. The food truck operator must dispose of all waste associated with the food truck operation. City receptacles may not be utilized for this purpose. No liquid waste or grease may be poured into any tree pit, storm drain, gutter pan, sidewalk or any other public space. Grease cannot be released into the City's sanitary sewer system. The food truck operator shall make available hand sanitizer to its customers. 7. Once a permit has been granted by the City, a food truck may operate within the permitted parking space on every day of the week from the hours of 10:00 a.m. to 10:00 p.m. The food truck may not operate or park within the permitted parking space before 10:00 a.m. and must cease operation and leave the permitted parking space by 10:00 p.m. Permitted hours for operation for any specific parking space shall be listed in the applicable traffic schedule, as adopted by the Council. 8. The food truck operator shall not utilize tables, chairs, free-standing signage or audio amplification in conjunction with the food truck. All equipment shall be contained within or on the food truck. (d) Suspension of Permit. 1. The City reserves the right to require any permit holder to cease part of all of its operation, or remove the food truck from the permitted parking space in order to allow for construction, maintenance or repair of any street, curb, gutter, sidewalk, storm drain inlet any other similar municipal utility. 2. The food truck operator must comply with all other applicable local, state and federal regulations. Any food truck operated in a manner inconsistent with these regulations is illegal. 3. If a food vending permit is revoked by the issuing County entity, the City's food truck permit shall also be revoked. 4. The City may temporarily suspend the permit to maintain the health, safety and welfare of the public. The City may temporarily suspend the food truck permit when the street is closed for a special event. 5. If at any time evidence of the improper disposal of liquid waste or grease is discovered, the food truck permit will be rendered null and void and the food truck business will be required to cease operation immediately. (e) Enforcement. 1. Civil Penalties. a. Violations of any of the provisions of this section will result in the following civil penalties: i. First offense in any twelve-month period .....$100.00 ii. Second offense in any twelve-month period .....$500.00 iii. Third offense in any twelve-month period .....Permit revocation b. The City Manager or the Manager's designee may issue a notice of violation assessing civil penalties. The notice shall be issued in writing and shall set forth with reasonable specificity the basis for the civil penalty. The notice of violation shall be served by registered or certified mail, or by personal service. When service is made by registered or certified mail, a copy of the notice may also be sent by first class mail. Service shall be deemed sufficient if the first class mail is not returned by the Post Office within ten (10) days after the mailing. Refusal to accept the notice shall not relieve the violator of the obligation to pay the penalty. c. The notice of violation shall contain a time period by which the violation must be corrected. From and after the date specified in the notice, each subsequent day that the violation continues in existence shall constitute a separate and distinct offense subject to additional civil penalties. d. If a person fails to pay any civil penalty within thirty (30) days after the decision becomes final, the City may recover the penalty, together with all costs allowed by law, by filing a civil action in the General Court of Justice in the nature of a suit to collect a debt. 2. Administrative Fee. Any person who violates this article shall pay an administrative fee of one hundred dollars ($100.00) per violation. 3. Other Remedies. In addition to civil penalties and permit suspension, a violation of this division is a misdemeanor and may also be enforced through injunctive or other equitable relief, or a combination of remedies. 4. Appeals. a. A party aggrieved may appeal any decision under this section to the City Manager within fifteen (15) calendar days after the contested decision. An appeal must be made in writing and shall contain the reasons supporting the appeal and any evidence that supports it. The person appealing may review the evidence that is the basis of any suspension or violation during the City's normal business hours. The City Manager or his designee shall review the information provided and shall issue a written decision determining whether a violation has occurred. b. After receiving a determination from the City Manager or his designee, a party aggrieved may appeal to the City Council within twenty-one (21) calendar days after the City Manager's decision (or the decision of his designee) was mailed. The scope of the City Council's review shall be limited to verifying the facts supporting a written decision or Findings of Fact made on a suspension. If the City Council finds that the facts as found are correct, the civil penalty, administrative fee, or suspension shall not be disturbed. (f) Termination or Amendment of Streetside Vending. The City Council may amend, revise, or terminate streetside vending by ordinance duly enacted. The City shall retain the entire fee paid for the permit by the permit holder; no refund shall be issued to any food truck permit issued that is no longer valid because of an amendment, revision, or termination. (Ord. No. 2016-555, §1, 3-15-16, eff. 5-14-16; Ord. No. 2018-857, §1, 6-19-18, eff. 6-24-18; Ord. No. 2019-949, §1(Att.), 6-4-19, eff. 7-1-19; Ord. No. 2021-189, §1, 2-2-21)

Raleigh City Code § 12-1025 SALE OF MERCHANDISE ON SIDEWALKS.

Sec. 12-1025. - SALE OF MERCHANDISE ON SIDEWALKS. It shall be unlawful, except pursuant to the provisions of §12-1024, for any person to expose, sell or to offer for sale any merchandise, cooked provisions, poultry, fruits, vegetables or other commodities upon any sidewalk in the City; provided that this section shall not prevent the sale of merchandise if the proceeds of such sales are used exclusively for religious, charitable or educational purposes, or [from] sidewalk cafes [which] are permitted in a pedestrian business overlay district. Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Code 1959, §19-15; Ord. No. 1986-856-TC-274, §9, 9-16-86; Ord. No. 1989-441, §2, 10-3-89; Ord. No. 2022-339, §30, 2-15-22)

Raleigh City Code § 12-1026 SOLICITING BUSINESS OR EMPLOYMENT.

Sec. 12-1026. - SOLICITING BUSINESS OR EMPLOYMENT. (a) Business. It shall be unlawful for any person to solicit or attempt to solicit business of any kind on the streets or sidewalks of the City. (b) Employment near Nash Square. Loitering for the purpose of seeking employment or the seeking thereof or the solicitation by any prospective employer of any person for hire within or upon any of the streets or sidewalks contiguous to Nash Square is declared to be a public nuisance and such practices are prohibited. (c) Employment, generally. Loitering for the purpose of seeking employment or the seeking thereof or the solicitation by any prospective employer of any person for hire within or upon any of the streets or sidewalks of the City is declared to be a public nuisance and such practices are prohibited. (d) Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Code 1959, §19-16; Ord. No. 1994-447, §1, 7-19-94; Ord. No. 1995-678, §1, 7-5-95; Ord. No. 2022-339, §31, 2-15-22; Ord. No. (2025) 768, § 1, 7-1-25)

Raleigh City Code § 12-1027 SUBSCRIPTIONS OF PUBLICATIONS.

Sec. 12-1027. - SUBSCRIPTIONS OF PUBLICATIONS. It shall be unlawful for any person to solicit subscriptions for papers, magazines, books, or other publications on the streets or sidewalks of the City, or in any public park within the City limits. (Code 1959, §19-17)

Raleigh City Code § 12-1028 TREES, PLANTING, INJURING, DESTROYING.

Sec. 12-1028. - TREES, PLANTING, INJURING, DESTROYING. Citizens may plant trees in front of their lots and around their lots, on the sidewalks, under the supervision of the director of parks. No tree shall be planted in the streets or gutters. No person shall cut, destroy or injure any tree or box around same without permission from the director of parks. (Code 1959, §19-19)

Raleigh City Code § 12-1029 UNLOADING COAL ON SIDEWALKS.

Sec. 12-1029. - UNLOADING COAL ON SIDEWALKS. Every manhole or other aperture located within the sidewalk areas of the City and used for delivering coal into the basement of an adjacent building shall be located within two (2) feet of the curb line of the street. Coal shall not be permitted to be shoveled or thrown across the sidewalk. (Code 1959, §19-20)

Raleigh City Code § 12-1030 VEHICLES AND ANIMALS ON SIDEWALKS.

Sec. 12-1030. - VEHICLES AND ANIMALS ON SIDEWALKS. (a) No person shall lead, drive or ride any horse or motor vehicle upon any sidewalk except such part of it as lies directly between the street and the entrance to any adjacent lot, and then only for the purpose of going into or out of such lot. (b) No person shall place, roll, drive or ride on the sidewalk any wheelbarrow, handcart or hand carriage except in passing directly across the sidewalk into or out of a house or lot or when transporting an infant or invalid. (Code 1959, §19-21)

Raleigh City Code § 12-1031 PLAYING GAMES OR THROWING MISSILES ON STREETS, SIDEWALKS, PRIVATE LOTS OR OTHER PUBLIC PROPERTY.

Sec. 12-1031. - PLAYING GAMES OR THROWING MISSILES ON STREETS, SIDEWALKS, PRIVATE LOTS OR OTHER PUBLIC PROPERTY. It shall be unlawful to play any game of any description or to throw any stone, snowball, or other missile by bean shooter or other such device upon the streets and sidewalks of the City. It shall also be unlawful to play such games or throw such missiles by such means in any private lot or public place in any such manner as to annoy or injure another or to constitute a nuisance. (Code 1959, §21-10)

Raleigh City Code § 12-1032 DISCHARGING NOXIOUS FLUIDS.

Sec. 12-1032. - DISCHARGING NOXIOUS FLUIDS. No person shall use the streets or sidewalks, or gutters of the City, as a drain to carry off any water that has been used, or other noxious fluids of any description whatsoever. (Code 1959, §19-7)

Raleigh City Code § 12-1033 DRAINS UNDER SIDEWALKS.

Sec. 12-1033. - DRAINS UNDER SIDEWALKS. Every owner or lessee of any building having conductors or down pipes emptying on any sidewalk shall provide and maintain under efficient operating conditions underdrainage for same across such sidewalks. Each day's failure to comply with the provisions of this section after notice shall constitute a separate offense. (Code 1959, §19-8)

Raleigh City Code § 12-1034 FILTHY MATTER IN WASTE RECEPTACLES.

Sec. 12-1034. - FILTHY MATTER IN WASTE RECEPTACLES. It shall be unlawful to place any ashes or empty the contents of any cuspidor or to place any other filthy or objectionable matter in the sidewalk waste receptacles provided for public use. (Code 1959, §19-9)

Raleigh City Code § 12-1035 HAULING REFUSE; TRACKING MUD.

Sec. 12-1035. - HAULING REFUSE; TRACKING MUD. (a) It shall be unlawful for any person to haul or cause to be hauled over the streets of the City any dirt, shingles, laths, or trash in a wagon or other vehicle, unless the wagon or vehicle is constructed to prevent, and does prevent, the spilling of dirt, shingles, laths or trash upon the streets. (b) It shall be unlawful for any person to permit a truck or other vehicle under his control to track mud, in appreciable quantity, on the streets or sidewalks of the City. (c) Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Code 1959, §19-11; Ord. No. 1978-700, §1, 1-7-78; Ord. No. 2022-339, §32, 2-15-22)

Raleigh City Code § 12-1036 PAINTING STREETS, CURBS, ETC.; AUTHORIZED CITY EMPLOYEES.

Sec. 12-1036. - PAINTING STREETS, CURBS, ETC.; AUTHORIZED CITY EMPLOYEES. It shall be unlawful for any person other than duly authorized employees of the City to paint the streets, sidewalks or curbs, or any part thereof, within the right-of-way of any street or public alley within the City. Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Code 1959, §19-11.1; Ord. No. 2022-339, §33, 2-15-22)

Raleigh City Code § 12-1037 CLEANING SIDEWALKS AND GUTTERS.

Sec. 12-1037. - CLEANING SIDEWALKS AND GUTTERS. It shall be the duty of all occupants or tenants of improved property and of the owners of all vacant property in the City to keep sidewalks, parkways and gutters clean, and to do such cutting, sweeping and scraping as may be necessary to keep such sidewalks clean and free from weeds, grass, snow, ice, dirt and trash, and to render the same passable, comfortable, and sightly, and the gutter next to and along each sidewalk open and free from obstruction, for the full width of their respective fronts. Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Code 1959, §19-6; Ord. No. 2022-339, §34, 2-15-22)

Raleigh City Code § 12-1037.1 REPAIR OF SIDEWALKS AND DRIVEWAYS BY PROPERTY OWNERS.

Sec. 12-1037.1. - REPAIR OF SIDEWALKS AND DRIVEWAYS BY PROPERTY OWNERS. It shall be the duty of every property owner in the City to maintain in good repair and safe condition, the sidewalk and driveway abutting his property for the safe passage of pedestrians over the same except as otherwise provided in §7-2008. (Code 1959, §19-25; Ord. No. 1983-245-TC-205, §9, 12-6-83; Ord. No. 1986-735, §4, 2-18-86)

Raleigh City Code § 12-1038 JUNK, ETC., ON RIGHTS-OF-WAY PROHIBITED.

Sec. 12-1038. - JUNK, ETC., ON RIGHTS-OF-WAY PROHIBITED. (a) It is unlawful for any person to place or leave or cause to be placed or left, temporarily or permanently, any trash, refuse, garbage, scrapped automobile or truck or part thereof, scrap metal or junk of any kind on the right-of-way of any street or highway within the City. (b) This section does not apply to domestic trash or garbage placed on such rights-of-way for removal by the City. (c) Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Code 1959, §11-9; Ord. No. 2022-339, §35, 2-15-22)

Raleigh City Code § 12-1039 REMOVING MATERIAL FROM STREETS.

Sec. 12-1039. - REMOVING MATERIAL FROM STREETS. (a) No person shall remove any sand, dirt, loam, sod, clay, gravel or other materials from any of the streets, alleys or sidewalks; provided, that this section shall not apply to lot owners who are repairing or constructing sidewalks under the specifications prescribed by the City nor to persons planting trees along the edge of sidewalks. (b) Except as otherwise provided in this ordinance, any recyclable material placed on the public right-of-way or in any other approved collection area and in containers approved by or provided by the Department of Solid Waste Services becomes the property of the City upon being placed in either of the above areas for collection. It is unlawful for anyone other than the person placing the material or an authorized City employee to remove any of the recyclable material from the right-of-way or any other approved collection area. Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (c) Any material placed on the public right-of-way in a container provided by a person, partnership, firm, or corporation holding a permit issued by the City pursuant to §12-1022 to collect recyclable material from the right-of-way is not the property of the City and must be removed by the permittee consistent with the schedule for collection of recyclables by the City. Any person violating this subsection shall be subject to revocation of the permit issued pursuant to§12-1022. Any violation of this subsection shall be deemed a non-criminal violation and shall not be a misdemeanor or infraction pursuant to G.S. 14-4 or §14-1005(a) of this Code of Ordinances. (Code 1959, §19-14; Ord. No. 2012-19, §1, 3-6-12, eff. 3-13-12; Ord. No. 2017-662, §1, 1-17-17; Ord. No. 2022-339, §36, 2-15-22)

Raleigh City Code § 12-1040 DEPOSITING TRASH ON STREET.

Sec. 12-1040. - DEPOSITING TRASH ON STREET. No person shall throw, drop or deposit, or cause to be thrown, dropped or deposited on any street, avenue, alley, highway, footway, sidewalk, park, or other public place or space in the City, any waste (including but not limited to, refuse, garbage, ashes, rubbish, building rubbish, dead animals, putrescible matter, paper, drinking cups, broken glass, tacks, brush, grass, weeds, and anything injurious to health); provided, however, building rubbish and material used in building, construction, repair, remodeling and excavating operations may be deposited in the aforesaid places when permitted by and in accordance with other applicable ordinances. If any person, while transporting or hauling, or causing to be transported or hauled, such rubbish or material, or earth, excavation, coal or other material, shall throw, drop or deposit, or cause to be thrown, dropped or deposited, such rubbish or material from the body of the vehicle, in violation of the provisions of this subsection, such person must daily clean up and remove such rubbish or material in a manner satisfactory to the Director of Public Works, failing which the Department of Public Works may clean up and remove such rubbish and material, and the City may collect the cost of such cleaning up and removal from such person. Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Ord. No. 1998-454, §12, 11-4-98; Ord. No. 2022-339, §37, 2-15-22)

Raleigh City Code § 12-1041 OUTDOOR SEATING WITHIN PUBLIC SIDEWALKS AND STREETS.

Sec. 12-1041. - OUTDOOR SEATING WITHIN PUBLIC SIDEWALKS AND STREETS. (a) Definitions. The following terms shall have the following meanings as used in this section. Applicant shall mean any person or entity that has applied for an outdoor seating area permit. Outdoor seating shall refer to the private or public use of city -maintained sidewalks and streets for the purpose of outdoor seating area for use by patrons of a business or organization adjacent to the sidewalk or street, and/or for use by the general public. Outdoor seating area shall mean the designated outdoor seating area located on a City-maintained sidewalk or street that has been permitted for use as provided in this section. Outdoor seating guide or Guide shall mean the guidelines, standards and rules adopted by the City Manager that contain the requirements that must be met to obtain and maintain an outdoor seating area permit. Parklet shall mean a platform authorized by the City to be placed within a designated outdoor seating area for outdoor seating purposes to be used by the general public at designated times. Permittee shall mean any person or entity issued a permit by the City to operate an outdoor seating area adjacent to a public sidewalk or street maintained by the City or the North Carolina Department of Transportation. Streetery shall mean a platform authorized by the City to be placed within a designated outdoor seating area for outdoor seating purposes to be used by patrons of a business or organization located adjacent to that area, and for use by the general public at designated times. (b) Permit required. (1) Except as may be provided elsewhere within City Code, no person may use a City-maintained sidewalk or street as an outdoor seating area, nor place thereon any platform, tables, chairs, furniture, seating materials or other similar items, unless issued an outdoor seating area permit in conformance with this section, and the Outdoor Seating Guide, as may be amended. (c) Eligibility; application review. (1) Any person or entity that operates a legally established business or organization that is adjacent to a City-maintained sidewalk or street may apply to the City for temporary use of a portion of the sidewalk or street as an outdoor seating area in accordance with this section and the Guide. The application, and applicable fees, shall be submitted to the City, along with any supporting documentation, which will then be reviewed by the City Manager or designee for compliance with this section and the Guide. (d) Agreement; permit. (1) An outdoor seating area permit is a revocable license issued to an eligible permittee to use a portion of a City-maintained sidewalk or street for temporary purposes as set out herein and does not convey an interest in property, public sidewalks, streets or related infrastructure. The City Manager or designee is authorized to execute an agreement approving a permit for an outdoor seating area, and issue, suspend or revoke such permit for same based upon any or all of the following factors: a. The accuracy and completeness of the application and supporting materials, and the extent to which they comply with the requirements of this section and the Guide. b. A violation of this section, or failure to comply with requirements of the Guide, any outdoor seating area agreements, applicable laws and regulations. c. Concerns relating to hours of operation, traffic flow, parking, and public safety. d. Such other information the City Manager or designee reasonably believe may or may not be in the public interest, public safety, and general welfare. (2) Once approved, the permit shall be made available for inspection upon request, and shall state on its face, at minimum, the following: a. The legal name, address, phone number, and email address of the permittee and its authorized representative. b. The approved outdoor seating area location and area, approved hours of operation, and permit commencement and expiration dates. c. Any additional information the City Manager or designee deems necessary. (e) Denial of Application; reconsideration. (1) If an application is denied, the City shall notify the applicant electronically using the e-mail address provided by the applicant stating the reasons for denial. Within thirty (30) days of such notice, the applicant may submit a revised application with supplemental information for reconsideration. The payment of a new application fee is not required if the revised application and material are submitted within thirty (30) days from receipt of the notice of denial. (f) Operation and use. (1) A permittee of an outdoor seating area shall: a. Comply with this section, the Guide, all rules, regulations, and laws, State and federal, including but not limited to, those related to alcohol service and consumption, and ensure that no alcohol is served or consumed outside the permitted outdoor seating area except as otherwise allowed by law. b. Not place any items within the outdoor seating area unless they comply with this section and the Guide. c. Use the outdoor seating area only for the seating of its patrons and/or the general public in accordance with the restrictions of the permit and Guide. d. Ensure that no items are permanently affixed to the street, sidewalk, trees, public or private property. e. Not operate outside the area designated in the permit. f. Timely remove snow, ice and other debris from the outdoor seating area and adjacent sidewalk for the safety of their users. g. Ensure that the outdoor seating area platform and furniture are in good working order, kept clean, well-maintained, in good repair and working order, made of commercial grade materials, and suitable and safe for commercial use. h. Ensure that the outdoor seating area provides for adequate access in compliance with the American Disabilities Act, with adequate access determined in the City's sole discretion. i. Ensure that any and all permittee patrons using the outdoor seating area act in an orderly, safe, and non-disruptive manner so as to not pose a safety risk to traffic or pedestrians; and if such conduct occurs, permittee shall have an affirmative duty to immediately address such conduct and notify applicable authorities. (g) Design standards exception. (1) Notwithstanding the provisions of this section and the Guide, the City Manager or designee may waive compliance with the design standards stated within this section and the Guide for permit approval if the City Manager or designee finds that: a. The applicant has submitted a completed outdoor seating area application with supporting materials but is unable to comply with the design standards due to conditions that are peculiar to the sidewalk, street, or property, and not from those that are common to the neighborhood or the general public; the permittee can substantially comply with the design standards in this section and the Guide and the issuance of a permit is consistent with the spirit, purpose and intent of this section and the Guide, such that public safety is adequately protected; and such waiver does not violate State or federal laws or regulations or any other provisions of the City Code. b. Provided that the City Manager or designee may require the applicant or permittee to bring the outdoor seating area within full compliance with this section and the Guide within six (6) months of issuance of a permit under this subsection; (h) Non-conforming existing permits. (1) Notwithstanding the provisions of this section and the Guide, permits for outdoor seating areas issued by the City prior to the effective date of this section which substantially comply with the requirements and standards in this section and the Guide may continue in full force and effect provided that: a. continued use of the outdoor seating area under the existing permit is consistent with the spirit, purpose and intent of this section and the Guide, and all applicable regulations and laws; b. public safety and traffic mobility are adequately protected and provided for; and c. the permittee of the non-complying outdoor seating area shall bring same into full compliance with this section and the Guide no later than July 1, 2022 (which may include obtaining a design standards exception as outlined in this section). (i) Exemptions. (1) Except for design standards stated within the Guide, the City shall be exempt from compliance with the application, permit, indemnification and insurance requirements of this section and the Guide as they may relate to use of outdoor seating areas for City sponsored or co-sponsored parklets, outdoor events, races, festivals, or concerts. (j) Additional Requirements for NCDOT Streets. (1) In addition to the requirements set out herein, when an outdoor seating area is to be used for sidewalk dining activities for serving food and beverages from a restaurant abutting right of way maintained by the North Carolina Department of Transportation ("NCDOT"), the applicant and/or permittee shall, in addition to complying with this section and the Guide, obtain approval from NCDOT and comply with the provisions of N.C.G.S. § 136-27.4, as may be amended, and all requirements, rules, regulations, and laws related thereto. To the extent an applicant seeks a permit under this section adjacent to a NCDOT-maintained street, then the term City-maintained sidewalk and street as used herein shall be construed to mean NCDOT-maintained sidewalk and street. (k) Duration and fees. (1) Each outdoor seating area permit shall state the hours and dates of operation consistent with this section and the Guide. No application shall be accepted for review unless accompanied with an application fee payable to the "City of Raleigh" in accordance with the City of Raleigh Fee Schedule to cover the cost of processing and investigating the application and supporting materials. If an application or supporting materials are revised within thirty (30) days of initial submission, then an additional application fee shall not be required. If a substantial amount of information is required to be submitted for review after the 30-day period, then an additional application fee may be assessed. If an application meets necessary requirements, an encumbrance fee shall be paid to the City for the temporary use of the outdoor seating area in accordance with the City of Raleigh Fee Schedule. Permits are issued on an annual basis concurrent with the City's fiscal year. Once issued, a permit shall be valid from the date of issuance through 11:59 p.m. of the subsequent June 30. (2) A permittee may apply to renew its permit as provided for herein and the Guide. (l) Notices of violation. (1) Any Police Officer, or the City Manager or designee may issue a notice of violation assessing civil penalties for the violation of any provision of this section or the Guide. The notice shall be issued in writing and shall set forth with reasonable specificity the basis for the violation and civil penalty. The notice shall be served by registered or certified mail, or by personal service using the address listed on the permit. When service is made by registered or certified mail, a copy of the notice may also be sent by first class mail. Service shall be deemed sufficient if the first-class mail is not returned by the Post Office within ten (10) days after the mailing. Refusal to accept the notice shall not relieve the violator of the obligation to pay the penalty. (2) The notice of violation shall contain a time period by which the violation must be corrected. From and after the date specified in the notice, each subsequent day that the violation continues in existence shall constitute a separate and distinct offense subject to additional civil penalties. (m) Enforcement; violations; penalties; suspension. (1) Except as may be provided otherwise herein, non-compliance with this section or the Guide shall be considered a violation and may subject the outdoor seating area permittee to penalties and the permit to suspension and/or revocation. Violations of any of the provisions of this section or the Guide shall result in the following civil penalties: a. First offense in any twelve-month period: .....$100.00. b. Subsequent offenses in any twelve-month period: .....$500.00. (2) If a violation of this section or the Guide occurs twice in any twelve-month period, any outdoor seating area permit may be suspended for thirty (30) days. If a violation occurs three (3) or more times in any twelve-month period, then the outdoor seating area permit shall be suspended for twelve (12) months. (3) If the any civil penalty assessed herein is not paid within thirty (30) days after the penalty decision becomes final, as provided herein, the City may recover the penalty, together with all costs allowed herein and by law, by filing a civil action in the General Court of Justice in the nature of a suit to collect a debt. (n) Other Remedies. (1) In addition to civil penalties, permit suspension and revocation, a violation of this section or the Guide may also be enforced through injunctive or other equitable relief, or a combination of remedies. (o) Appeals. (1) A permittee aggrieved under this section may appeal any decision to the City Manager within fifteen (15) calendar days after the permittee is notified in writing of a violation. An appeal must be made in writing and shall contain the reasons supporting the appeal and any evidence that may support. The person appealing may review the evidence that is the basis of any suspension, revocation, or violation during the City's normal business hours. The City Manager or designee shall review the information provided and shall issue a written decision determining whether a violation has occurred. (2) After receiving a determination from the City Manager or designee, the party aggrieved may appeal to the City Council within twenty-one (21) calendar days after the decision of the City Manager or designee was deposited in the U.S. Mail addressed to the party aggrieved at the address on file. The scope of the City Council's review shall be limited to whether competent evidence supports the written decision of the City Manager or designee. If the City Council finds that competent evidence supports the decision, then the civil penalty, administrative fee, suspension or revocation shall not be disturbed. (p) Assignment Prohibited; Effect of Ceasing Business Operations. (1) An outdoor seating area permit is not transferrable or assignable and is specific to the permittee's business or organization as shown on the permit. Any change in the ownership of the permittee's business or organization after permit issuance shall cause the permit to be immediately invalid and require the subsequent owner to apply for a new permit. A change in ownership shall mean acquisition of more than ten (10) percent of the stock in a publicly traded corporation; any change in the ownership of shares in a privately held corporation; sale of all or part of a sole proprietorship; any change in the membership of any form of limited liability organization; or any substantial change to the permittee's business entity as reflected with the North Carolina Secretary of State's Office. (2) The permittee shall notify the City when its business operations cease or there has been a change in ownership as provided herein. If the permittee's business operations cease, or the outdoor seating area is not used for the permitted purpose for thirty (30) calendar days or longer, then the permit shall automatically terminate and all materials such as platforms, furniture and like items shall be removed from the outdoor seating area. If permittee fails to cause such items to be so removed, then the City may remove the items as provided herein. (q) Removal; discontinuance; costs. (1) Should the City Manager or designee find that: a. any and all materials in the outdoor seating area, including but not limited to platforms and furniture, should be removed due to violations of this section or the non-compliance with the Guide, then the permittee shall remove such items as directed by the City; should the materials not be removed within a reasonable time, then the City may remove the items, repair and restore the sidewalk or street to their pre-permit conditions; permittee shall be responsible for any and all costs related to the removal, storage, repair, of the materials; such costs shall be a lien upon permittee's property, collectible in the same manner that taxes are collected, or by civil action; or b. circumstances warrant the immediate removal of any and all materials in the outdoor seating area such as the platform, furniture, and related items due to exigent reasons of public safety or general welfare, then such items shall be immediately removed by the permittee at the direction of the City; if such items are not timely removed as directed, then the City may remove and dispose of such items at no expense or liability to the City. (Ord. No. 2022-346, §3, 3-15-22)

Source: City of Raleigh, North Carolina, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nc/raleigh/codes/code_of_ordinances?nodeId=DIVIICOGEOR_PT12LIRE_CH1STPUWA_ARTBSTUSCLFetched: 11/1/2026