§ 4-15.104. Authority to issue outdoor dining encroachment permits.

The City Engineer, or his or her designated representative, is hereby authorized to issue outdoor dining encroachment permits to owners or operators of business establishments. The location and configuration of any outdoor dining area shall be subject to the approval of the City Engineer who shall consider public safety issues unique to the pedestrian and vehicular needs of a specific location. The City Engineer shall have the authority to deny any encroachment permit application if its issuance is determined to be detrimental to the public health, safety or general welfare. The decision of the City Engineer may be appealed to the City Manager or to a designee of the City Manager, pursuant to the provisions of Modesto Municipal Code Section 4-15.203(g). The decision of the City Manager or designated representative shall be final.

(Ord. No. 3582-C.S., § 1, effective 2-22-13)