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(1) The application above referred to when properly filed shall be granted subject to the following condition which shall be considered a part of the application and permit:

(a) that if the anticipated use will preempt the sidewalk for pedestrian use or constitute in any way a hazard to passersby, the applicant shall do either one of the following:

(i) rope off the area to prevent pedestrian thoroughfare and provide an alternative pedestrian pathway. If this pathway projects into the portion of the street normally used for vehicular traffic the said pathway shall be roped off on both sides to separate the pedestrian from the vehicular traffic, and also to separate the pedestrian traffic from the area where the sidewalk is preempted;

(ii) or alternatively all active construction which preempts the sidewalk shall be conducted outside the normal business hours of the adjacent businesses.

(2) It is hereby declared to be unlawful and a violation of this Chapter for any person, firm, individual organization to do any act contrary to those set forth herein as prerequisites for use of the sidewalk or to fail to do any act required herein.