Fencing Around Outdoor Dining Now Possible in Public Spaces

City leaders recently approved an ordinance change that allows restaurants to possibly cordon off outdoor dining areas in public-owned areas.

The ordinance was changed after the restaurant to extend an awning cover and add fencing to the outdoor dining area situated in the public-owned space at Oak Tree Plaza in April. 

Should private businesses using public-owned space be allowed to use a perimeter barrier such as a fence? Tell us in the comments.

The awning is considered a permanent structure, so it was removed from the ordinance. This keeps business owners from being entitled to the use of awnings, and allows the city some flexibility in negotiating their necessity on a case-by-case basis.

Under the ordinance changes, non-permanent fences in public-owned areas, also negotiable on a case-by-case basis, would also be allowed.

Commissioner Julie Ward Bujalski expressed concern over not having guidelines in place that protect the public's right to use those areas.

She said she wants to promote business, but she didn't want the city to allow outdoor "rooms" to be built (using awnings and fencing) for private businesses to prosper and "the public to feel like they're not allowed to be there."

Other cities have guidelines for dining on the public right of way that require outdoor furniture to be moved inside after a certain time and restrict barriers of any kind, Bujalski said.

Mayor Dave Eggers agreed that after hours, a person should be allowed to say, sit and read a newspaper on public-owned property.

The ordinance changes passed 4-0 at its final reading June 7, with the stipulation that guidelines geared at protecting the public's right to access areas would be added. 

became the first restaurant in Dunedin permitted to in November 2011. Cafe Alfresco became the second.