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HomeMy WebLinkAbout2169• • ORDINANCE NO. A /(p9 g G, 9, / S , 57 AN ORDINANCE of the City of Port Angeles establishing regulations for the use of the City Pier and Waterfront Park, establishing a permitting procedure for user groups for activities to be conducted at that park, providing, penalties for violation of the ordinance, amending Section 2 of Ordinance 2086 and Section 12.04.020 of the Port Angeles Municipal Code, and repealing Section 3 of Ord- inance 2146,-Ordinance2159 and Sections 12.04.025 and 12.04.026 of the PAMC. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES, as follows: Section 1. Applicability and Purpose. This ordinance shall apply to the use of the City Pier and Waterfront Park located at the foot of Lincoln Street in the City of Port Angeles. This facility is provided by the City for the use of the citizens of Port Angeles for social, passive recreational, educational, and cultural activities. Only those activities which are consistent with the provision of the - facility for these purposes should be allowed at the City Pier and Waterfront Park. Section 2. Permitted Activities. (1) The following activities are permitted on the City Pier and Waterfront Park facility if they are sponsored, operated, and /or promoted by a civic, charitable, or non - profit organization or corporation: (a) Boat races (b) Fishing derbies (c) Music concerts and performances (d) Rallies (e) Art shows (f) Car and boat shows (g) Dances (h) Scuba and skin- diving meets (i) Christmas celebrations and events (j) Church, civic and service group activities (k) Drama events (2) A permit shall be granted in accordance with the proced ures of Section 4 of this ordinance. • MEMO: September 11, 1981 TO: Mayor, City Council and City Manager P, SUBJECT: Pier Use Ordinance _ Attached hereto please find the ordinance in final form with the add- itional Council concerns as addressed at the last Council meeting. This ordinance has brought together all other ordinances related to the Pier into one use ordinance. Thank you for your time and consideration. DDF /jg Attachment Section 3. Conditionally Permitted Activities. Any activ- ity not permitted by Section 2 may be permitted, on a conditional basis, if sponsored, operated and /or promoted by civic, charitable, or non - profit organization or corporation. A conditional use shall be granted in accordance with the procedures of Section 4 of this ordinance. Section 4. Permit Application and Processing: (1) An application for a permit shall be filed with the Director of Parks and Recreation at least thirty (30) days prior to the date sought for the use of the facility. The application shall provide the following information: (a) Sponsor of the activity, sponsor's local address; (b) Proof that the sponsor is an organization eligible to receive a permit; (c) The nature of the event and its estimated length; (d) The date of the event; (e) The expected attendance; (f) If money is to be made as a result of the event, the method of obtaining the money, and how and to whom it will be dispensed; (g) Any other information required by the Director of Parks and Recreation. (2) If the activitiy for which a permit is sought is one of those permitted by Section 2, the Parks and Recreation Director is satisfied the applicant is eligible to receive a permit, and the activity will comply with all the other terms and conditions of this ordinance, the.Parks and Recreation Director may issue the permit. (3) If the activity for which a permit is sought is not one of those permitted under Section 2 and the Parks and Recreation Director is satisfied the applicant is eligible to recieve a permit, the Parks and Recreation Director shall refer the applica- tion to the Parks, Recreation and Beautification Commission. (4) The Parks, Recreation and Beautification Commission shall review the request, and shall determine whether the activity is one which is consistent with the purpose of this ordinance, and • shall make a recommendation upon whether to issue such permit to the City Council. (5) The City Council shall review the recommendation of the Parks, Recreation and Beautification Commission upon the same criteria used by the Commission. The City Council shall determine by motion, whether a permit shall be issued. (6) The permit shall be acted upon by the City of Port Angeles within 20 days of the date of application. Section 5. Damage Deposit, Insurance, and Fire and Police Certifications. After the approval of a permit application, and before issuance of the permits, the applicant shall: (a) , DepoM.t witht: the City .a cash °deposit :orsurety bond, in an amount determined by the Parks and Recreation Director, but in no event less than $350 nor more than $500, depending upon the event size and the applicant's ability to pay, to be used to pay costs and charges for clean -up or for repair of damage .o uSte(c—b'y the City as a result of the event. The deposit or any portion thereof unused shall be returned to the applicant when the City is satisfied that the facility has been returned to the same conditions as it was in prior to the commencement of the activity. (b) Provide evidence that the applicant has in full force and effect, a liability insurance policy in an amount of not less than $300,000 bodily injury per person and $100,000 property damage, for any personal injury or property damage arising out of, or in any way caused by, the applicant's use of the facility. (c) Execute an agreement to save and hold the City of Port Angeles harmless from, and defend the City against any and all claims and actions for personal injury or property damage arising out of, or in any way caused by the applicant's use of the facility. (d) Provide, when requested by the Parks and Rec- reation Director, awritten confirmation from the Chief of Police and the Fire Chief of the City of Port Angeles that the applicant has agreed to or otherwise contracted for all necessary crowd, traffic, assembly, and other requirements of the police and fire departments. Section 6. Revocation of Permit. Any permit issued pursuant to the terms of this ordinance may be revoked in accordance with the provisions of Chapter 1, Section 13 of Ordinance No. 2050. Section 7. Assignment_ No permit issued pursuant to this ordinance may be assigned. -3- • Section 8. Right of Inspection. The Parks and Recreation Director, or his designee, or any peace officer, shall have the right to inspect any activity at the City Pier and Waterfront Park facility. Section 9. Temporary Alterations. The applicant for a per- mit may make application for, and may upon approval of the application, make'•r• temporary. alterations to the City Pier and Waterfront Park facility. All such alterations shall be immedi- ately removed at the conclusion of the activity, and the structure shall be returned to the condition existing before the alterations. Section 10. Prohibited Activities. It shall be unlawful for any person to commit the following offenses on the premises or in connnection with the use of the City Pier and Waterfront Park facility: (a) The use of or sale of liquor, including beer and wine; (b) Interference with any individual or group engaged in the lawful use of the facilities; (c) Exposing or offering for sale any articles, things, or stationing in a stand any articles or objects for transportation, sale or display; (d) The distribution, leaving throwing, tacking, or pasting of any signs, nanaIes-, posters or advertise- ments or inscriptions for the advertising of any goods, materials, meetings, people or other similar purposes upon any portion of the City Pier and Waterfront Park; (e) Soliciting, interferring with, accosting other people for selling, begging, immoral acts, or any other similar purposes; (f) Willful marking, marring, defacing, disfigur- ing, injuring, tampering with, or displacing, moving, burning, cutting, carving, digging up, or damaging any portion of the City Pier and Waterfront Park; (g) The use of amplified sound facilities in a manner which disturbs surrounding business areas. Section 11. Hours of Operation. The hours of operation of the City Pier and,Waterfront Park shall be from 5:00 AM to 11:00 PM.provided, however, that members of the United States Coast Guard and individuals using the mooring facilities of the City Pier and Waterfront Park may use the park during the hours of closure. -4- • • Section 12. Regulation of Floating Moorage Facilities at City Pier and Waterfront Park. (1) No boat or other vessel other than recreational boats of less than thirty feet in length, and sea planes, shall use the floating moorage facilities at the City Pier and Waterfront Park. (2) No boat or sea plane shall moor at the Park for a period of longer than 24 consecutive hours. Section 13. Regulation of Permanent Moorage at the City Pier and Waterfront Park. (1) When necessitated by mechanical failure, adverse weather conditions, or other emergencies, commercial ships, boats and vessels, or recreational craft over thirty feet in length may be permitted to moor within the designated Coast Guard moorage area at the City Pier and Waterfront Park if that designated area is not in use by the Coast Guard, and if prior arrangements have been made through the Coast Guard and the City of Port Angeles. (2) The fees for such moorage shall be: (a) 0 - 100 feet (for 24 -hour period) $ 85 (b) 100 - 150 feet (for 24 -hour period) $115 (c) 150 - 200 feet (for 24 -hour period) $150 (d) 200 - 300 feet (for 24 -hour period) $280 Section 14. Penalty. Any person violating any provisions of this ordinance shall be guilty of a misdemeanor and may be punished by a fine of up to $500 for each offense. Section 15. Severability. If any provision of this ordi- nance or its application to any person or circumstance is held invalid, the remainder of the ordinance and its application to other persons and circumstances is not affected. Section 16. Amendment. Section 2 of Ordinance 2146 and Section 12.04.020 of the Port Angeles Municipal Code are each amended to read as follows: Hours of Operation. A. Except as otherwise provided in this section, all parks shall be open from 5:00 AM to 11:00 PM every day of the year, unless the Director declares a different,.. time of closing, which time shall be conspicuously posted adjacent to entrancestto the closed areas. -5- B. Athletic events requiring illumination shall be concluded by 11:00 PM, except for unusual and unfore- seen emergencies, as determined by the Director or his representative. Section 17. Repealer. Section 3 of Ordinance 2146, Ordi- nance 2159, and Sections 12.04.025 and 12.04.026 of the Port Angeles Municipal Code are each hereby repealed. Section 18. Codification. Sections 1 through 14 shall be codified as a new chapter in Title 12 of the Port Angeles Munici- pal Code. Section 19. Effective Date. This ordinance shall take effect in the manner provided by law. PASSED by the City Council of the City of Port Angeles at a regular meeting held on the /S day of September, 1981. ATTEST: Marian•C. Parrish, City Clerk APPROVED AS TO FORM: /%.<50A.C11 Craig . Miller, City Attorney P LISHED: •