HomeMy WebLinkAbout3198ORDINANCE NO. 3198
AN ORDINANCE of the City of Port Angeles, Washington, prohibiting
interference with pedestrians on public sidewalks in the City limits of
Port Angeles, amending 11.12.080 and creating a new chapter,
Chapter 11.18, of the Port Angeles Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES does hereby ordain as
follows:
WHEREAS, the City Council of the City of Port Angeles desires to prohibit certain uses
of and activities that interfere with pedestrians on public sidewalks in the City of Port Angeles
to enhance the health, safety, and welfare of its citizens; and
WHEREAS, the City of Port Angeles currently does not have regulations to address the
purposes of this ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF PORT ANGELES,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. There is hereby added to the Port Angeles Municipal Code a new Chapter,
being Chapter 11.18, as follows:
CHAPTER 11.18
Sections:
11.18.010 Purpose.
11.18.020 Definitions.
11.18.030 Violation.
11.18.040 Penalty.
11.18.050 Parental Responsibility.
11.18.060 Severability.
11.18 070 Corrections.
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11.18.010 Purpose.
The purpose of this Chapter is to prohibit pedestrian interference on sidewalks in the City
of Port Angeles in downtown and neighborhood commercial zones.
No person shall be cited under this section unless the person engages in conduct
prohibited by this section after having been notified by a law enforcement officer that the
conduct violates this section.
11.18.020 Definitions.
The following definitions apply in this section:
A. "Aggressively beg" means to beg with the intent to intimidate another person into
giving money or goods.
B. "Intimidate" means to engage in conduct which would make a reasonable person
fearful or feel compelled.
C. "Beg" means on a public right of way or in a public place to ask by words, bodily
gestures, signs, or other means, for money or goods as a charity, or in exchange
for labor.
D. "Obstruct pedestrian or vehicular traffic" means to walk, stand, sit, lie, or place
an object in such a manner as to block passage by another person or a vehicle, or
to require another person or a driver of a vehicle to take evasive action to avoid
physical contact.
E. "Obstruct a sidewalk" means to sit or lie down upon a public sidewalk, or upon
a blanket, chair, stool, or any other object placed upon a public sidewalk, in the
following zones:
1. The Downtown Area, as defined in the Exhibit A attached hereto and
incorporated by these three references.
2. Neighborhood Commercial Zones, defined as areas zoned as Commercial
1 (C1), Commercial 2 (C2), Neighborhood Commercial 1 (NC1) Neighborhood Commercial
2 (NC2), and Neighborhood Commercial 3 (NC3).
3. Exceptions. The prohibition in subsection E shall not apply to any person:
a. Sitting or lying down on a public sidewalk due to a medical
emergency;
b. Who, as the result of a disability, utilizes a wheelchair, walker, or
similar device to move about the public sidewalk;
c. Operating or . atronizin • a commercial establishment conducted
on the public sidewalk pursuant to a street use permit; or a person participating in or attending
a parade, festival, performance, rally, demonstration, meeting, or similar event conducted on the
public sidewalk pursuant to a street use or other applicable permit;
d. Sitting on a chair or bench located on the public sidewalk which
is supplied by a public agency or by the abutting private property owner;
e. Sitting on a public sidewalk within a bus stop zone while waiting
for public or private transportation.
F. 'Public place" means an area generall visible to .ublic view and includes alle s
bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the
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general public, including those that serve food or drink or provide entertainment, and the
doorways and entrances to buildings or dwellings and the grounds enclosing them.
11.18.030 Violation.
A person is guilty of pedestrian interference if, in a public place, he or she intentionally:
A. Obstructs pedestrian or vehicular traffic; or
B. Aggressively begs; or
C. Obstructs a sidewalk.
11.18.040 Penalty.
Violation of any portion of this Chapter is a misdemeanor.
11.18.050 Parental Responsibility.
It shall be unlawful for the parent or the guardian of any child under 16 years of age to
authorize or knowingly permit any such child to violate any provision of this Chapter.
11.18.060 Severability.
If any section, subsection, sentence, clause, phrase or word of this ordinance should be
held to be invalid or unconstitutional by a court of com•etent 'urisdiction such invalidi or
unconstitutionality thereof shall not affect the validity or constitutionality of any other section,
subsection, sentence, clause, phrase or word of this ordinance.
11.18.070 Corrections.
The City Clerk and the codifiers of this ordinance are authorized to make necessary
corrections to this ordinance including, but not limited to, the correction of the
scrivener' s /clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 2. Ordinance 2350, as amended, and 11.12.080 PAMC are hereby amended
to read as follows:
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 eight hours;
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 or authorized by the City;
G. Traffic - control devices placed by the City;
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H. Refuse containers and materials set our for refuse and recyclables collection,
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 semipermanent 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 thirty (30) inches
in height.
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caigrrces.
LM. Any other obstruction sought to be placed upon a sidewalk by the City or
authorized by the City for a public purpose.
Section 3 - Effective Date. This Ordinance shall take effect five days after its
publication by summary.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 3rd day of May, 2005.
ATTEST:
Becky J. U
MAYOR
APPROVED AS TO FO
//
Clerk William E. Bloor, City Attorney
PUBLISHED: May 8, 2005
By Summary
G: \Legal_ Backup \ORDINANCES &RESOLUTIONS\ 2004- 29- Panhandling.ord.wpd(April 28, 2005)
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PEDESTRIAN INTERFERENCE ORDINANCE - EXHIBIT - A
THE DOWNTOWN AREA SHALL BE DEFINED AS FOLLOWS:
1. To include the Port Angeles waterfront, extending from the west margin of Valley Creek
Estuary Park on the west to the cast margin of Francis Street Park on the east, limited to
the Waterfront Trail right of way and encompassing both parks
2. To include both sides of Railroad Avenue (if extended) from the east margin of where
Peabody Street (if extended) would intersect with the Waterfront Trail to the west margin
of Valley Creek Estuary Park
3. To include both sides of First Street and Front Street, from the east margin of Peabody
Street on the east to the west margin of Valley Street on the west
4. To include the north side of Second Street (if extended) from the west margin of Valley
Street to the cast margin of South Laurel Street
5. To include South Laurel Street from the north margin of Second Street to the north
margin of the Fifth Strcct Alley North
6. To include the north side of the Fifth Street Alley North (if extended) from the east margin
of South Laurel Street to the west margin of the Police Department lot, then north to East
4'° Street, then east to Peabody Street
7. To include the west side of Peabody Street from the north margin of Fifth Street Alley
North (if extended) to where Peabody Street (if extended) would intersect with the
Waterfront Trail
Summary of Ordinance Adopted by the
Port Angeles City Council
on May 3 2005
Ordinance No. 3198
This Ordinance of the City of Port Angeles, Washington, prohibits interference with
pedestrians on public sidewalks in the City limits of Port Angeles, amends 11.12.080 and
creates a new chapter, Chapter 11.18, of the Port Angeles Municipal Code.
The full text of the Ordinance is available at City Hall in the City Clerk's office or will be mailed
upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. This
Ordinance shall take effect five days following the date of publication by summary.
Becky J. Upton, CMC
City Clerk
Publish: May 8 2005