NC H316

Permits the towns of Apex and Cary and the city of Raleigh to enact local ordinances allowing sidewalk dining in state-owned right-of-way areas adjacent to restaurants.

Requires sidewalk dining furniture to be placed at least 6 feet from travel lanes and maintain at least 5 feet of unobstructed pedestrian passage complying with Americans with Disabilities Act standards.

Restricts sidewalk dining to roadways with posted speed limits no greater than 45 miles per hour and prohibits obstruction of driveways, emergency exits, fire hydrants, utilities, and accessibility ramps.

Requires restaurant operators to obtain liability insurance equal to the state tort claim limit, provide indemnification agreements, submit all required state and local permits, and cease operations during public construction or maintenance.

Applies only to Apex, Cary, and Raleigh and does not preempt existing local ordinances.