The terrace concession

MUNICIPALITY SHEET Official publication of the municipality of Bergen op Zoom
Nr. 26189 February 5, 2019

From the APV

Ordinance of the municipal council containing the General Local Ordinance The council of the municipality of Bergen op Zoom; having regard to the proposal of the Commission of 4 December 2018, no. RVB18-0076; having regard to Article 149 of the Municipalities Act and the General Administrative Law Act; whereas it is advisable to lay down rules to maintain public order

Decision

To repeal the General Local Ordinance adopted on 20 December 2017 with effect from the day on which the Regulation referred to under 2 enters into force; February 2019.

Article 2:28c Terrace permit

It is prohibited to set up, operate or make use of a terrace on a public road or on an area accessible to the public without a permit from the mayor. A permit as referred to in the first paragraph will be refused if: a. a terrace is not located directly adjacent to or in the immediate vicinity of the applicant's catering establishment; b. it appears from the application that the size of the terrace on a sidewalk or pedestrian section does not guarantee at least 1.5 meters of free passage for traffic, unless the mayor is of the opinion that a passage of less than 1.5 meters is justified from a traffic technical point of view. is; c. it appears from the application that the terrace poses a danger to the usability of the road or to the efficient management of the road and that this cannot be met by attaching regulations to the permit; d. it appears from the application that the terrace is wider than the facade width of the catering establishment, unless the mayor is of the opinion that, in view of, among other things, the interests of owners/users of adjacent plots, a different width measurement is required or acceptable; e. the application relates to a terrace in a courtyard or courtyard, i.e. a place or a site enclosed by houses, unless the mayor is of the opinion that by attaching regulations to the permit, the owners/users of adjacent plots will cause nuisance can be prevented; f. other permits are also required for the terrace which cannot be granted under the relevant legal provisions. In exercising their powers as referred to in the first paragraph, the mayor may lay down further rules or set further regulations with regard to: a. guaranteeing road safety; b. the layout of terraces, including advertising on terraces; c. the prevention of nuisance for owners/users of adjacent plots.

Article 6:4 Entry into force

The General Local Ordinance adopted on December 20, 2017 is repealed. This regulation will enter into force on 1 February 2019.

Article 6:5 Transitional provision

Decisions taken pursuant to the Regulation referred to in Section 6:4, subsection 1, which were in effect at the time of the entry into force of this Regulation and for which this Regulation contains corresponding decisions, shall be deemed to be decisions taken pursuant to this Regulation.

Article 6:6 Quotation title

This ordinance shall be cited as: “General Local Ordinance”. Adopted at the public meeting of The Registrar, The Chairman, CJM Terstappen
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