HomeMy WebLinkAbout2632ORDINANCE NO. 2 6 3 2
AN ORDINANCE of the City of Port Angeles,
Washington, establishing use regulations for
the Port Angeles Fine Art Center, and creating
Chapter 12.16 of the Port Angeles Municipal
Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES ORDAIN
as follows:
Section 1. There is hereby created Chapter 12.16 of the
Port Angeles Municipal Code, to read as follows:
Chapter 12.16
PORT ANGELES FINE ART CENTER
Sections:
12.16.010 Applicability.
12.16.020 Permitted Activities.
12.16.030 Use Regulations.
12.16.040 Permit - Applications.
12.16.050 Permit - Issuance Prerequisites.
12.16.060 Fee Schedule.
12.16.070 Permit - Revocation.
12.16.080 Permit - Assignment.
12.16.090 Right of Inspection.
12.16.100 Temporary Alterations.
12.16.110 Prohibited Activities.
12.16.120 Violation - Penalty.
12.16.010 Applicability. This Chapter shall apply to the
use of the Port Angeles Fine Art Center, located at 1208 East
Eighth Street in the City, and to any use of the surrounding
grounds whenever said use is in conjunction with the use of the
building as governed by this Chapter. This Art Center is provided
by the City for use by the citizens of Port Angeles for social
and educational activities which require a structure with the
characteristics of the Port Angeles Fine Art Center.
12.16.020 Permitted Activities. Subject to the
provisions of all other Sections of this Chapter, the following
activities are permitted in the Port Angeles Fine Art Center:
A. Social functions, including receptions;
B. Exhibitions of art work;
C. Conventions, conference and other business
gatherings;
D. Concerts;
E. Civic events;
F. Professional and /or semi - professional events; and
12.16.030 Use Regulations. The following regulations
shall apply to the use of the Port Angeles Fine Art Center:
A. The hours shall be from 8:AM to 11:00 PM.
B. The sale or use of liquor, including beer and wine,
shall not be permitted at any of the activities allowed in the
Port Angeles Fine Art Center.
C. All applicable Federal, State and local laws, codes
and regulations shall be complied with.
D. The Parks and Recreation Director, hereafter also
referred to as "Director ", shall recommend such other regulations
as are necessary for use of the facility, which regulations shall
be adopted by the City Council.
E. The above use regulations may be modified only by
special permission of the City Manager with the right of appeal
to the City Council.
12.16.040 Permit - Applications.
A. An applicant for a permit to use the facility shall
file an application with the Fine Art Center Director at least
five days prior to the date sought for use of the facility, or at
least thirty days prior to the date sought for the use of the
facility if special arrangements to make the proposed use
compatible with current Art Center programming are required,
unless the Director waives such notice requirements in
circumstances that he deems appropriate, and shall provide the
following information:
1. Sponsor of the activity;
2. Nature of the event;
3. Date of the event;
4. Expected attendance;
5. All other such information as may be required by
the Director of Parks and Recreation.
B. The Director of Parks and Recreation shall review the
application for sufficiency and consistency with the terms and
conditions of this Chapter, the rules adopted pursuant to the
authority of this Chapter, and all other applicable Federal,
State, and City laws, codes, and regulations.
C. The Director shall determine whether a permit for the
activity requested shall be issued. In appropriate circumstances,
the Director may issue a permit for an activity that varies from
the terms and conditions of this Chapter, provided that the
public health, public safety, public property and public peace
are adequately protected. The Director may place such terms and
conditions on the permit as he deems necessary and appropriate
for the proper administration and enforcement of this Chapter.
D. The decision of the Director may be appealed to the
City Manager by filing an appeal with the Director within ten
days of his decision.
12.16.050 Permit - Issuance Prerequisites.
A. After approval of the permit application, and before
issuance of the permit, the applicant shall deposit with the City
a cash deposit or a surety bond in the amount of Five Hundred
($500) Dollars. This bond or deposit shall be used to pay costs
or charges incurred to repair damages to the City facility, or to
clean up the facility after its use. This bond or other deposit,
or a portion thereof, shall be returned to the applicant when the
City is satisfied that any damages incurred during the use of the
facility by the applicant have been repaired and that the
facility has been cleaned to the same condition as when delivered
to the applicant. This bond or other deposit may be used by the
City for repair or clean up if such is not done by the applicant.
B. After approval of a permit application, and before
issuance of the permit, the applicant for any use that is either
sponsored by a corporate entity or is a special event with
significant potential liability exposure as determined by the
Director, the Risk Manager, and the City Attorney, shall furnish
the City evidence that he has in full force and effect a
liability insurance policy with the City as an additional insured
in an amount of not less than $300,000 bodily injury coverage per
person, and $100,000 property damage coverage per incident,
covering any bodily injury or property damage arising out of or
in any way connected with the use of the City facility by the
applicant; except claims for damages or personal injuries solely
and proximately caused by the City's negligence in maintaining
the facility.
C. After approval of the permit application, and before
issuance of the permit, the applicant shall execute an agreement
to save and hold the City harmless from, and defend the City
against, any and all claims or causes of action arising out of or
in any way connected with the use by the applicant of the Port
Angeles Fine Art Center; except for claims solely and proximately
caused by the City's negligence in the maintenance of the
facility. The Director may require that the signature on said
hold harmless agreement be notarized in circumstances that he
deems necessary and appropriate.
D. As deemed necessary and appropriate by the Director,
after approval of the permit application and before issuance of
the permit, the applicant shall furnish written confirmation from
the Chief of Police of the City that adequate provision has been
made by the applicant for police, security, and traffic control,
considering the type of activity proposed by the applicant.
E. As deemed necessary and appropriate by the Director,
after approval of the permit application and before issuance of
the permit, the applicant shall furnish written confirmation from
the Fire Chief of the City that adequate provision has been made
for compliance with all applicable Fire Codes and regulations.
F. After approval of the permit application, and before
issuance of the permit, the applicant shall present written
confirmation of conformance with any other condition or
requirement placed upon the proposed activity.
12.16.060 Fee Schedule. The Art Center Board of Trustees
shall prepare a schedule of fees for the use of the Port Angeles
Fine Art Center. This schedule shall be approved by the City
Council by resolution.
12.16.070 Permit - Revocation. Any permit issued
pursuant to the terms of this Chapter may be revoked in
accordance with the provisions of Sections 5.04.150 through
5.04.220.
12.16.080 Permit - Assignment. No permit issued pursuant
to this Chapter may be assigned.
12.16.090 Right of Inspection. The Director of Parks and
Recreation, his designee, or any peace officer of the State shall
have the right to enter and inspect any activity at the Port
Angeles Fine Art Center at any time.
12.16.100 Temporary Alterations. Any applicant for a
permit may make application for, and may receive approval for,
temporary alterations to the Port Angeles Fine Art Center;
provided that all such alterations shall be immediately removed
from the structure at the conclusion of the activity, and the
structure shall be returned to the condition existing before the
alteration.
12.16.110 Prohibited Activities. It is unlawful for any
user or other person to commit any of the following offenses on
the premises of, or in connection with the use of the Port
Angeles Fine Art Center:
A. Interference with any individual or group engaged in
lawful use of the Port Angeles Fine Art Center;
B. Soliciting, interfering with, accosting other people
for selling, begging, immoral acts or other similar purposes is
not permitted in any park or attendant facility;
C. Wilfully marking, marring, defacing disfiguring,
injuring, tampering with or displacing, removing, burning,
cutting, carving, digging up or damaging any park property and
attendant facilities or any plants, trees or shrubs, or attaching
any rope, wire or other contrivance to a tree, plant, shrub or
structure.
12.16.120 Violation - Penalty. Any person violating any
of the provisions of Section 12.16.110 is guilty of a
misdemeanor, and may be punished by a fine of up to $500 for each
offense.
Section 2. This Ordinance shall take effect five (5) days
following date of publication.
PASSED by the City Council of the City of Port Angeles at
a regular meeting of said Council held on the 19th day of
March
ATTEST:
1991.
Becky
Upton, City Clerk
APPR ED AS TO FORM:
Craig fl Knutson, City Attorney
PUBLISHED: March 24 , 1991