Markham moves to regulate patios on public boulevards

Yorkregion.com
March 27, 2014
By Amanda Persico

Markham is taking steps to regulate the size and shape of patios encroaching on public boulevards.

Under a bylaw passed this week, patios taking up part of the public boulevard will require a permit.

Other criteria include setback from fire hydrants, curbs and sidewalks and being enclosed by a fence that can be removed and stored off-site when patio season is over.

The patios will be allowed to open April 1 to Oct. 31, weather permitting and can be open 7 a.m. to 2 a.m. But they must follow the Liquor Licence Act, which doesn’t allow the sale of alcohol before 11 a.m.

Establishments must still abide by the city’s noise bylaw, which does not permit loud noise or outdoor music past 11 p.m.

Councillors spent some time debating whether or not boulevard patios should close at 11 p.m.

Logistically, that won’t work, said Paul Cicchini, owner of the Duchess of Markham.

“That’s like closing off a section of a park and telling kids they can’t use the swings after 11 p.m., only the slide,” he said at development services committee meeting.

He pointed out that, as it is, provincial liquor laws require bars and pubs to follow all municipal bylaws. An infraction such as a noise bylaw violation could result in the loss of the establishment’s liquor licence.

“We have to follow all laws,” Mr. Cicchini said. “We have to be responsible for our patrons, with or without a patio. That means we’re responsible for noise levels and for patrons walking down the street and causing damage.”

Patios will be permitted to open April 1 dependent on weather and city crews being able to get in and clean the streets.

Fences are to be bolted down for safety but are to be removed at the end of patio season Oct. 31.

After two years of construction and specialized boulevard bump-outs created during a reconstruction project, Main Street Markham is ready for patio season.

But a blanket approach to patios will not work for Main Street Unionville, argued Sharon Taylor Wood, a Unionville store owner, who urged Unionville be exempted from the bylaw or have its own bylaw.

One issue is boulevard parking. Another is the lack of raised curbs along the street, where instead there are rolled curbs. Not to mention the existing lights standards, fire hydrants and flower basket posts.

The boulevards on the east side of the street are a different size than on the west side.

“There are a lot of challenges,” local councillor Don Hamilton said. “But it’s not fair to say do it on Main Street Markham and Thornhill but not in Unionville. If it doesn’t work then the permit is off the table.”

Meanwhile, the city is pushing the region to OK patios on regional roads, such as Yonge Street.

The city is looking at waiving permit fees for 2014 and 2015.