HomeMy WebLinkAbout2350ORDINANCE NO. A65C)
AN ORDINANCE of the City of Port Angeles
establishing and amending regulations
for the use of public right -of -way,
amending Chapter 11.12 of the Port
Angeles Municipal Code, and repealing
Ordinances 1977, 2229, 2237, Chapter 7
of Ordinance 2050, and Chapter 5.28 of
the Port Angeles Municipal Code.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT
ANGELES as follows:
Section 1. Chapter 11.12 of the Port Angeles Municipal
Code is hereby amended to read as follows:
Chapter 11.12
RIGHT -OF -WAY USE
Sections:
11.12.010 Definitions.
11.12.020 Obstructions of streets - Prohibited.
11.12.030 Obstruction of streets - Permitted
exceptions.
11.12.040 Obstruction of Unopened Streets - Permit
Required.
11.12.050 Obstruction of Right -of -Way - Permit
Required.
11.12.060 Obstruction of Sidewalks and Planting Strips
Prohibited.
11.12.070 Obstruction of sidewalks - Removal of Ice,
• Snow, Dirt and Other Accumulations.
11.12.080 Obstruction of Sidewalks and Planting
Strips - Exceptions Without Permit.
11.12.090 Obstruction of Sidewalks - Permit
Required.
11.12.100 Permit - Processing.
11.12.110 Permit - Issuance by Department of
Public Works.
11.12.120 Application - Fee.
11.12.130 Obstructions - Standards.
11.12.140 Permit - Conditions.
11.12.150 Permit - Terminable at Will - Appeals.
11.12.160 Prohibited Obstructions - Declared
Nuisances.
11.12.170 Violations.
11.12.010 Definitions. For the purpose of this Chap-
ter, the following words have the meaning designated herein
unless the context indicates otherwise:
A. "City" means the city of Port Angeles.
B. "City Council" or "Council" means the City Council of
the City of Port Angeles.
C. "Director of Public Works" means the Director of the
Public Works Department of the City of Port Angeles or his
authorized designee.
D. "Exhibition" means a display of goods or articles for a
period of not less than eleven (11) consecutive calendar days,
open to the public, wherein not less than seven (7) persons under
the sponsorship of the applicant exhibit goods or articles and
where any such goods or articles are sold or offered for sale at
retail or are displayed upon the public streets or rights -of -way
of the City. Examples of exhibitions are: Agricultural show,
industrial show, sports show, trade show, sidewalk sales, street
fairs, public markets, carnivals, parades, demonstrations,
running events, and civic - sponsored events.
E. "Mobile sales carts" means a moveable wheeled cart no
larger than 10 square feet in size (plan view) from which food
for consumption is sold.
F. "Permit" means a "Right -of -Way Use Permit" issued by
the Department of Public Works.
G. "Planting strip" means that portion of the right -of -way
if any, between a street and the adjacent sidewalk.
H. "Right -of -way" means 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.
I. "Sidewalk" means 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.
J. "Street" means that portion of the right -of -way, if
any, which is used for vehicular travel, including alleys.
K. "Unopened right -of -way" means a right -of -way which is
not used for either pedestrian or vehicular travel.
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11.12.020 Obstruction of streets - Prohibited. Except
as may be specifically provided by this chapter, 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 ob-
structs, 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, Director of City Light Department, the Chief of
Police and /or the Fire Chief determines such closure to be neces-
sary to protect the public health, safety or welfare.
11.12.030 Obstruction of Streets - Permitted Exceptions.
Notwithstanding the provisions of Section 11.12.020 of this
Chapter, construction or excavation work shall be exempt from the
terms of this Chapter, provided that a permit for such work
issued under Chapter 11.08 of this Code shall constitute the
permit necessary for such work.
11.12.040 Obstruction of Unopened Streets - Permit Re-
quired. Notwithstanding the provisions of Section 11.12.020 of
this Chapter, a permit for an obstruction of an unopened or unoc-
cupied street of the City for a period not to exceed one year may
be issued by the Director of Public Works; provided, however,
that no such permit shall be issued to any person, firm or cor-
poration which does not own the underlying fee title to the
portion of the street sought to be obstructed, and no such permit
shall be transferable.
11.12.050 Obstruction of Right -of -Way - Permit Re-
quired. Notwithstanding the provisions of Section 11.12.020 of
this Chapter, the following obstructions of right -of -way may be
permitted if a permit therefor is obtained from the City under
this Chapter; provided that the Director of Public Works and the
Chief of Police shall determine what traffic barricades, if any,
are necessary, and the City will provide such barricades and
shall be reimbursed therefor by the applicant:
A. Exhibitions;
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B. Temporary devices such as scaffolding, barricades and/
or pedestrian walkways, which may be permitted under certain
conditions as specified by the City Engineer, where the right -of-
way use is necessary to improve the safety of construction work
on private property and where an excavation permit is not
required.
11.12.060 Obstruction of Sidewalks and Planting Strips
Prohibited. Except as may be specifically provided by this Chap-
ter, it is unlawful to erect, maintain or allow to remain on any
sidewalk or planting strip of the city any temporary or permanent
structure or thing which in any way obstructs, hinders, jeopar-
dizes, injures or delays the use of the 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 used for advertising an adja-
cent business, the use of the sidewalk for sale or display of
merchandise, except as otherwise provided by this Chapter.
11.12.070 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
twenty -four 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 forty -eight hours upon a sidewalk is hereby declared a pub-
lic nuisance. When the owner of the abutting property refuses to
comply with the requirements of Subsection A of this Section
after demand therefor by either the Director of Public Works or
the Chief of Police of the City, the Public Works Department,
under the direction of the Chief of Police, shall cause such
accumulation constituting a nuisance to be removed. All expenses
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of such removal, including the costs of litigation, if necessary,
shall be chargeable to the owner or other person having charge of
the abutting property.
11.12.080 Obstruction of Sidewalks and Planting Strips
- Exceptions Without Permit. Notwithstanding the provisions of
Section 11.12.060 of this Chapter, the following obstructions
shall be permitted on sidewalks or planting strips without a
permit:
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 thirty minutes;
B. Fire hydrants;
C. Planters and other landscaping placed by the City;
D. Benches and bicycle racks 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;
I. Newspaper dispensers or news racks;
J. Solicitation by civic or non - profit organizations;
K. Landscaping that is semi - permanent in nature that can
be removed from the sidewalk area or planting strip at the
expense of the owner upon notice by the City. Such landscaping
shall be less than thirty (30) inches above the established grade
at the curb line or roadway shoulder area. Such landscaping
shall include fences that are less than 30 inches in height.
L. Street musicians, which are hereby permitted outright
without any other permit required to be obtained from the City;
provided that normal public use of the right -of -way is not inter-
fered with and that the public safety is not impaired, as deter-
mined by the Director of Public Works, the Chief of Police, or
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their respective designees.
11.12.090 Obstruction of Sidewalks or Planting Strips
- Permit Required. Notwithstanding the provisions of Section
11.12.060 of this Chapter, the following obstructions of side-
walks or planting strips may be permitted, if a permit therefor
is obtained from the City under this Chapter:
A. Benches;
B. Litter receptacles;
C. Clocks;
D. Bicycle racks placed by private parties;
E. Telephone booths;
F. Private planters and other landscaping higher than
thirty (30) inches above the established grade at the curb line
or roadway shoulder;
G. Any other obstruction sought to be placed upon a
sidewalk by the City for a public purpose;
H. Additions to the facades of buildings existing on the
effective date of this Chapter, which buildings are built up to
the right -of -way line of the public street; provided that such
addition shall not exceed six inches in width;
I. Sidewalk cafes, provided that such permit shall last
for one calendar year and must be renewed each year;
J. Any other sidewalk or planting strip obstruction which
is determined to provide a public benefit, although the obstruc-
tion constitutes a private use of the public street;
K. Fences, retaining walls, terracing, and other similar
structures;
L. Mobile sales carts, provided that:
1. Such permit shall last for only one calendar year
and must be renewed each year;
2. The cart may only sell food and shall do so from a
stationary position which shall be established and specified in
the permit and shall be removed at night;
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3. The applicant shall maintain the area in the
vicinity of his cart free of litter and /or debris and provide one
litter receptacle;
4. The applicant shall adhere to such other conditions
that may be placed upon the application;
5. There shall not be another such cart within a two
hundred (200) foot radius permitted at the same time.
11.12.100 Permit - Processing.
A. Application for a permit for a street, sidewalk or
planting strip obstruction under Sections of this Chapter shall
be made to the Department of Public Works upon a form provided by
that Department.
B. The application for a permit shall contain such informa-
tion 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 Chapter may be
reviewed by the Department;
3. A description of the method of compliance with the
standards for installation for sidewalk obstructions established
by provisions of this Chapter.
C. Upon receipt of an application, the Department of Pub-
lic Works shall forward the application to such City Departments
as the Director of the Public Works Department shall deem appro-
priate for comment. Such comments shall be received by the
Director within fourteen days of forwarding the application for
comment.
11.12.110 Permit - Issuance by Department of Public
Works.
A. For a permit sought under this Chapter, the Department
of Public Works shall determine whether the application complies
with the standards and terms of this Chapter. If the application
does comply with this Chapter and is in the public interest, the
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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 thirteen days of mailing by certi-
fied mail, or ten days of personal delivery, of the denial by 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 Chapter. 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 support
ing its determination, which shall be entered into the minutes of
the Council.
11.12.120 Application - Fee. The application, includ-
ing applications for renewals, shall be accompanied by the neces-
sary application fee, which fee shall be established by the City
Council by resolution from time to time.
11.12.130 Obstructions - Standards. Each obstruction
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 inconsis-
tent 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, if the
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obstruction area is not lighted and pedestrians are present at
night.
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, obstructions,
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.
H. No one shall plant in any public right -of -way any
cottonwood, london plain, weeping willow, gum or any other tree
the roots of which cause injury to the sewers, water mains,
sidewalks or pavements or which breeds disease dangerous to other
trees or to the public health or allow to remain in any public
right -of -way any planted tree which has become dead or is in such
condition as to be hazardous to the public use of the street
and /or sidewalk, and any such trees now existing in any such
planting strip or abutting street area shall be removed at the
expense of the abutting property owner as may be directed by the
City. No tree shall be planted within two (2) feet of any
sidewalk or pavement, except as may be otherwise approved.
I. No flowers, shrubs or trees shall be allowed to over-
hang or prevent the free use of the sidewalk or roadway, or
street maintenance activity or utility use of the street except
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that trees may extend over the sidewalk when kept trimmed to a
height of seven (7) feet above same, and fifteen (15) feet above
arterials and fourteen (14) feet above all other roadways. Trees
so places shall also be trimmed so as to remain below power lines
if present.
11.12.140 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 per-
sonal 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
certificate 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 three hundred
thousand dollars per incident, three hundred thousand dollars per
person, and one hundred thousand dollars property damage, except
for benches, litter receptacles, bicycle racks, and private
planters, other landscaping, fences, walls and others so exempted
by the Director of Public Works.
C. The property owner or applicant shall maintain the ob-
struction, in compliance with the standards and conditions im-
posed upon the placement of the obstruction by the City. Mainten
ance of the obstruction shall include the removal of litter and/
or debris which may accumulate on or around the obstruction.
D. For permanent structures placed in the right -of -way,
including but not limited to fences higher than 30 inches,
rockeries, walls, stairs and ramps, the applicant (property
owner) for a permit shall execute an "Agreement to Remove
Encroachment Within Public Right -of- Way ". Such agreement shall
guarantee removal of the encroaching improvements upon public
rights -of -way within sixty (60) days' written notice from the
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Director of Public Works and shall be recorded by the City with
the County Auditor as an encumbrance on the property adjoining
the public right -of -way. Such work shall be done in accordance
with the requirements deemed necessary by the Director of Public
Works and at the cost of the property owner. If the obstruction
is not removed, then the obstruction shall be declared a
nuisance.
11.12.150 Permit - Terminable at will - Appeals.
A. Any permit issued pursuant to this Chapter is subject
to termination upon written notification 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 thirteen days of mailing by certified mail, or ten
days by personal delivery, of the termination by the Public Works
Department. 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.
11.12.160 Prohibited Obstructions - Declared Nuisance.
All obstructions not in conformance with the terms of this Chap-
ter 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 this Code.
11.12.170 Violations. Any person violating any
provision of this Chapter or Chapter 11.12 of the Port Angeles
Municipal Code shall be guilty of a Class II misdemeanor and
sentenced according to Title 9 of this Code; provided, that any
person who has been convicted, pled guilty or forfeited bail,
within two years prior to the date of the incident or incidents
forming the basis of a charge, to a previous crime under this
Chapter, shall be guilty of a Class I misdemeanor and sentenced
according to Title 9 of this Code. Each day that a violation
continues shall constitute a separate offense.
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Section 2 Repealer. Chapter 7 of Ordinance 2050,
Chapter. 5.28 of the Port Angeles Municipal Code, Ordinance 1977,
Ordinance 2229 and Ordinance 2237 are hereby repealed.
Section 3 Effective Date. This Ordinance shall take
effect 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 aal day of
, 1985.
di/Likliaakc
M A Y O R
ATTEST:
Mer 'i A. Lannoye, City Ctlerk
APPROVED AS TO FORM:
.iLu.r!_ ` A f2.
Craig D Hutson, City Attorney _/.L( /a <j[- �_/ -r -�I
PUBLISHED:
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