City inspectors in recent months have cited an Elvis statue in Canton, a restaurant's awnings in Hampden and Cafe Hon's pink flamingo as unlawfully intruding into public space, but a spokesman for Mayor Sheila Dixon said the cash-strapped city is not looking to balance its books by burdening small-business owners.
"This type of enforcement has everything to do with citizen complaints, public safety and liability issues - and nothing to do with revenue enhancement," said spokesman Scott Peterson. "We respond to inquiries and complaints of signage and other installations extending into the public right of way - as was the case with the flamingo."
When city inspectors told Cafe Hon owner Denise Whiting that she needed a permit for the large pink flamingo that hangs from the fire escape of her restaurant at 36th Street and Roland Avenue, she became just one of the most recent business owners to complain about overzealous permit enforcement. She takes issue with the city's contention that she will have to pay $800 for a permit because the bird, made out of chicken wire and a bedsheet, encroaches in the public right of way.
Patrick "Scunny" McCusker, an owner of Nacho Mama's in the 2900 block of O'Donnell St. in Canton, said he received a city citation during the summer and was required to remove a 6-foot wooden statue of Elvis that stood near his front door for many years.
"An inspector said my Elvis was impeding the public right of way," said McCusker. "I've collected 5,000 signatures to let Elvis leave the building."
McCusker moved the statue inside his restaurant rather than pay the fee.
Gino Troia, owner of Hampden's Grano Pasta Bar, said that after the city assessed him $2,866 for outdoor tables, chairs and projecting awnings, plus the annual $1,686 fee for the minor privilege permit, he decided to move his restaurant from 36th Street to nearby Chestnut Avenue in Hampden.
"Why should I pay all that money for my patrons to sit outside when people come up and throw all their trash in the outdoor cans?" he said. "I made a decision to move."
Whiting said she was surprised that she was cited for her flamingo because it has been hanging from the restaurant for about seven years. She contends that the bird is public art and she should not need a permit for it.
