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HomeMy WebLinkAbout2229ORDINANCE NO. WcQ 9 AN ORDINANCE of the City of Port Angeles prohibiting obstructions of streets, sidewalks or planting strips, except as allowed with or without permits; providing for the issuance of permits and fees; defining and prohibiting certain acts as nuisances or misdemeanors, and providing sanctions therefor; repealing Sec- tion 1 of Ordinance 170, Sections 1 and 2 of Ordinance No. 258, Sections 1 and 2 of Ordinance No. 572, Sections 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, and 23 of Ordinance No. 1005, and Sections 11.12.010 through .040 and 11.12.060 through .160 of the Port Angeles Municipal Code; recodifying Sections 11.12.050 and 11.12.170 through .190; and providing for the codification of this Ordinance in Chapter 11.12 of the Port Angeles Municipal Code. Section 1 - Definitions: For the purpose of this Ordinance, the following words have the meaning designated herein unless the context indicates otherwise: 1. "City." The City of Port Angeles. 2. "City Council" or "Council." The City Council of the City of Port Angeles. 3. "Right -of- way." The entire width between the boundary lines of every piece of property designated as a public right -of -way, whether any portion of the right -of -way is used by the public for either pedestrian or vehicular travel. 4. "Planting strip." That portion of the right -of -way, if any, between a street and the adjacent sidewalk. 5. "Sidewalk." That portion of the right -of -way, if any, which is designed for pedestrian use, adjacent and parallel to a street. "Sidewalk" includes the area which would otherwise be a planting strip, if the area is either covered with cement or is otherwise used for pedestrian travel. 6. "Street." That portion of the right -of -way, if any, which is used for vehicular travel. 7. "Unopened right -of- way." A right -of -way which is not used for either pedestrian or vehicular travel. Section 2 - Obstruction of Streets - Prohibited. Except as may be specifically provided by this Ordinance, it is unlawful to erect, maintain or allow to remain on any street in the City a permanent or temporary structure or thing which in any way obstructs, hinders, jeopardizes, injures or delays the use of the street for either vehicular or pedestrian travel; provided, that the City may close any street at any time, when the Director of Public Works and /or the Chief of Police determines such closure to be necessary to protect the public health, safety or welfare. Section 3 - Obstruction of Streets - Permitted Exceptions. Notwithstanding the provisions of Section 2 of this Ordinance, the following obstructions of streets shall be permitted, if a permit therefor is obtained from the City of Port Angeles, in accordance with the terms of Section 11 of this Ordinance: A. Construction or excavation work; provided, that a permit for such work issued under Chapter 11.08 of the Port Angeles Municipal Code shall constitute the permit necessary for such work under the terms of this Ordinance. B. Public markets, street fairs, exhibitions, or carnivals, provided that the duration of such activity does not exceed five (5) days, and provided further, that such festival is sponsored or promoted by a civic, charitable or other non- profit organization. Activities licensed under Chapter 5.28 of the Port Angeles Municipal Code shall be exempt from this Section and this Ordinance. Section 4 - Obstruction of Sidewalks and Planting Strips Prohibited. Except as may be specifically provided by this Ordinance, it is unlawful to erect, maintain or allow to remain on any sidewalk or planting strip of the City any tem- porary or permanent structure or thing which in any way ob- structs, hinders, jeopardizes, injures or delays the use of the -2- sidewalk or planting strip for pedestrian traffic; or hinders or obstructs the use of the adjacent street for vehicular traffic, including, but not limited to, structures or devices uses for advertising an adjacent business, the use of the sidewalk for sale or display of merchandise, except as provided by Chapter 5.28 of the Port Angeles Municipal Code; and fences, retaining walls, terracing, plantings, or other similar structures or things. Section 5 - Obstruction of Sidewalks - Removal of Ice, Snow, Dirt and Other Accumulations. A. When the obstruction of a sidewalk consists of either ice, snow, mud, dirt, earth, plant refuse, paper, debris or other accumulated material, the abutting property owner shall, within 24 hours after the deposit of such material upon such sidewalk, remove such material from that portion of the sidewalk upon which such owner's property abuts. B. An accumulation of ice, snow, mud, dirt, earth, plant refuse, paper, debris or other material that shall remain more than 48 hours upon a sidewalk is hereby declared a public nuisance. The owner of the abutting property who refuses to comply with the requirements of subsection A of this Section, after demand therefor by either the Director of the Public Works Department or the Chief of Police of the City, the Public Works Department, under the direction of the Chief of Police, shall cause such accumulation consti- tuting a nuisance to be removed. All expenses of such re- moval, including the costs of litigation, if necessary, shall be chargeable to the owner or other person having charge of the abutting property. Section 6 - Obstruction of Sidewalks and Planting Strips - Exceptions Without Permit. Notwithstanding the provisions of Section 4 of this Ordinance, the following obstructions shall be permitted on sidewalks or planting strips, without a permit: -3- A. Merchandise being moved into or out of an adjacent business; provided, that such merchandise does not remain on the sidewalk or planting strip for more than 30 minutes. B. Fire hydrants. C. Planters and other landscaping placed by the City. D. Benches placed by the City. E. Telephone, telegraph and light poles, placed either by the City or pursuant to franchise granted by the City. F. Flagpoles or standards therefor placed by the City. G. Traffic control devices placed by the City. H. Refuse containers, either placed directly by the City, or where the location of the container is on a sidewalk or planting strip as required by the City. Section 7 - Obstruction of Sidewalks - Exceptions By Permit. Notwithstanding the provisions of Section 4 of this Ordinance, the following obstructions of sidewalks or planting strips may be permitted, if a permit therefor is obtained from the City, under the procedures of Section 10 of this Ordinance: A. Public markets, street fairs, exhibitions or carnivals, for which a permit has been issued under Section 3(B) of this Ordinance. B. Construction. C. Benches. D. Litter receptacles. E. Newspaper dispensers. F. Clocks. G. Bicycle racks. H. Telephone booths. 1. Private planters and other landscaping. J. Any other obstruction sought to be placed upon a sidewalk by the City for a public purpose. Section 8 - Obstruction of Sidewalks - Exceptions By Permit. Notwithstanding the provisions of Section 4 of this -4- • Ordinance, the following obstructions of sidewalks or planting strips may be permitted, if a permit therefor is obtained from the City, under the procedures of Section 11 of this Ordinance: 1. Sidewalk cafes. 2. Any other sidewalk or planting strip obstruction which is determined by the City Council to provide a public benefit, although the obstruction constitutes a private use of the public street. Section 9 - Permit - Processing. A. Application for a permit for a street, sidewalk or planting strip obstruction under either Sections 3, 7 or 8 of this Ordinance shall be made to the Department of Public Works upon a form prepared by that Department. B. The application for a permit shall contain such information as is required by the Department of Public Works, including, but not limited to: 1.) A description of the obstruction. 2.) Drawings and specifications for the obstruction, sufficient so that its compliance with this Ordinance may be reviewed by the Department. 3.) A description of the method of compliance with the standards for installation for sidewalk obstructions established by Section `' C. Upon receipt of an application, the Department of Public Works shall forward the application to such City Depart- ments as the Director of the Public Works Department shall deem appropriate for comment. Such comments shall be re- ceived by the Director within 14 days of forwarding the application for comment. Section 10 - Permit - Issuance By Department of Public Works. A. For a permit sought under Section 3 or 7 of this Ordinance, the Department of Public Works shall determine whether the -5- • • application complies with the standards and terms of this Ordinance. If the application does comply with this Ordinance, the Public Works Department may issue a permit for the placement of an obstruction. B. If the Public Works Department denies the permit it shall so indicate to the applicant in writing, stating the reasons for the denial. C. The applicant for the permit may appeal such denial to the City Council for review. A written notice of appeal shall be made to the City Clerk within ten (10) days of mailing or personal delivery of the denial of the Public Works Department. D. At its next meeting after receipt of the appeal, the City Council shall determine, based upon the report of the Public Works Department, whether the application complies with the terms and standards of this Ordinance. The City Council may affirm or reverse, or affirm with alterations, the action of the Department of Public Works. In such a review by the City Council, the applicant for the permit shall be afforded the opportunity to be heard by the Council. E. The Council shall make written findings of fact supporting its determination, which shall be entered into the minutes of the Council. Section 11 - Permit - Issuance By City Council. A. For a permit sought under Section 8 of this Ordinance, the Public Works Department, after receipt of comments from other departments, shall prepare a recommendation to the City Council as to whether the permit application complies with the standards and terms of this Ordinance, and shall forward this recommendation to the Council. B. The City Council, at its next meeting after receipt of the recommendation from the Public Works Department, shall determine whether the street obstruction complies with the -6- standards and terms of this Ordinance, and whether a permit for such street obstruction should be issued. C. In this review by the City Council, the applicant for the permit shall be afforded the opportunity to be heard by the Council. D. The Council shall make written findings of fact supporting its determination, which shall be entered into the minutes of the Council. Section 12 - Application - Fee. The application shall be accompanied by the necessary application fee, which fee shall be established by the City Council by resolution from time to time. Section 13 - Renewal Fee. A. Upon issuance of a permit under this Ordinance, the appli- cant shall pay the annual fee therefor. If the permit is issued during the course of a year, the fee shall be pro- rated to January 1st of the next succeeding year. B. Permits for obstructions shall be renewed on an annual basis, in accordance with the fee schedule adopted by the City Council by resolution. C. The procedure for payment of the annual fee shall be as set forth for business licenses in Section 5.04.240 of the Port Angeles Municipal Code. Section 14 - Obstructions - Standards. Each obstruc- tion proposed to be placed upon a sidewalk, street or planting strip of the City shall comply, at a minimum, with the following standards: A. The location of the obstruction shall not be inconsistent with the paramount right of the public to use the street, sidewalk or planting strip for transportation purposes. B. The location of the obstruction, and /or the obstruction itself, shall be adequately lighted for night visibility. C. The location of the obstruction shall not constitute a traffic hazard either by itself, or by its effect upon the visibility of persons using the street or sidewalk. D. If locations for the particular type of obstruction are required by the existence of other structures, obstruc- tions, ordinances or other regulations, the obstruction shall be located where so required. E. The obstruction shall not be permitted for longer than the period necessary for accomplishing the proposed purpose for such obstruction. F. All other state and local ordinances will be applicable and shall be complied with. G. The applicant must demonstrate that it is necessary to use the public street, sidewalk or planting strip, and that there is no other means available to accomplish the desired purpose, except by the use of the public right -of -way, street or planting strip. Section 15 - Permit - Conditions. The following shall constitute minimum conditions to be applied to the permit: A. The applicant for a permit shall execute a hold - harmless guaranty to the City, agreeing to hold the City harmless from and defend the City against any causes of action for personal injury or property damage arising out of, or in any way connected with, the placement of the obstruction on the City street, sidewalk or planting strip. B. The applicant shall provide, and maintain in force a cer- tificate of insurance, or a bond of like amount, with the City named as an additional insured, insuring against property damage or personal injury, with limits of not less than $300,000 per incident, $300,000 per person, and $100,000 property damage. C. The property owner or applicant shall maintain the obstruction, in compliance with the standards and conditions • imposed upon the placement of the obstruction by the City. Maintenance of the obstruction shall include the removal of litter and /or debris which may accumulate on or around the obstruction. Section 16 - Permit - Terminable at Will. A. Any permit issued pursuant to this Ordinance is subject to termination by the City Public Works Department at any time, without cause, and the permit shall so state on its face. B. Any person who has a permit terminated may appeal such termination to the City Council, by giving written notice of such appeal, within ten (10) days of the termination. The City Council shall consider the appeal at its next possible public meeting after the filing of the notice of appeal, and may uphold or reverse the termination. Section 17 - Prohibited Obstructions - Declared Nuisance. All obstructions not in conformance with the terms of this Ordinance, or Chapter 11.12 of the Port Angeles Municipal Code, are hereby declared to be nuisances, and such obstructions may be abated in accordance with the procedures of Chapter 8.28 of the Port Angeles Municipal Code. Section 18 - Violations. Any person violating any provision of this ordinance or Chapter 11.12 of the Port Angeles Municipal Code shall be guilty of a Class I1 misdemeanor and sentenced according to Title 9 of the Port Angeles Municipal Code; provided, that any person who has been convicted, pled guilty or forfeited bail, within two (2) years prior to the date of the incident or incidents forming the basis of a charge, to a previous crime under this Ordinance or Chapter 11.12 of the Port Angeles Municipal Code, shall be guilty of a Class I misdemeanor and sentenced according to Title 9 of the Port Angeles Municipal Code. Each day that a violation continues shall constitute a separate offense. -9- Section 19 - Severability. If any provisions of this Ordinance or its application to any person or circumstance is held in valid, the remainder of the Ordinance or the application of the provisions of the Ordinance to other persons or circumstances is not affected. Section 20 - Repealer and Recodification of Certain Previous Sections of Ordinances. (1) The following Ordinances or portions of Ordinances are hereby repealed: Section 1 of Ordinance 170 and PAMC 11.12.010; Sections 1 and 2 of Ordinance No. 258 and PAMC 11.12.130 and .140; Sections 1 and 2 of Ordinance No. 572 and PAMC 11.12.150 and .160; Sections 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, and 23 of Ordinance No. 1005 and PAMC 11.12.010 -.040, .060 -.120. (2) Section 15 of Ordinance No. 1005, currently Section 11.12.050 of the Port Angeles Municipal Code, is hereby recodified as Section 11.08.235 of the Port Angeles Municipal Code. (3) Sections 1 through 3 of Ordinance 1977, Sections 11.12.170 -.190 of the Port Angeles Municipal Code shall be recodified as Sections 11.12.190 through 11.12.210 of the Port Angeles Municipal Code. Section 21 - Codification. Sections 1 through 18 of this Ordinance shall be codified as sections 11.12.010 through 11.12.180 of the Port Angeles Municipal Code. Section 22 - Effective Date. This Ordinance shall take effect five days after the date of publication as provided by law. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the / 2 day of , 1982. ATTEST: • L %�.S.�GL.�aG C.J. / :Marian C. Parrish, City Clerk APPROVED AS TO FORM: Craig L. i ler, City Attorney LISHED: '91%11/0 R OLA