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ORDINANCE NO. 3328
AN ORDINANCE of the City of Port Angeles, Washington, revising Title 11
of the Port Angeles Municipal Code relating to Streets and Sidewalks.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN
as follows:
Section 1. Ordinance 2350, as amended, and Chapter 11.12 of the Port Angeles
Municipal Code are hereby amended by amending PAMC 11.12.070 to read as follows:
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. Any 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 public 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 and Utilities Department; his designated staff; Code Compliance staff; or the Chief
of Police of the City, the Public Works and Utilities Department, under the direction of the Chief
of Police, shall cause such accumulation constituting a nuisancc to be removed. All expenses 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.
Section 2. Ordinance 3198, as amended, and Chapter 11.12 of the Port Angeles
Municipal Code are hereby amended by amending PAMC 11.12.080 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 provided that the
obstructions do not violate any other law, ordinance, standard, or policy:
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;
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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 and materials set ourt 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;
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sidcwalk area or planting strip at the cxpcnsc of thc owncr upon notice by thc City. Such
roadway shouldcr arca. Such landscaping shall includc fcnccs that are lcss than thirty (30) inchcs
in height.
EK. Any other obstruction sought to be placed upon a sidewalk by the City for a public
purpose.
Section 3. Ordinance 3018, as amended, and Chapter 11.12 of the Port Angeles
Municipal Code are hereby amended by amending PAMC 11.12.090 to read as follows:
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 sidewalks 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. Privatc plantcrs and othcr 1Landscaping highcr than thirty (30) inchcs abovc thc
cstablishcd gradc at thc curb linc or roadway shouldcr, including street trees planted in
accordance with City standards;
G. 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;
H. Sidewalk cafes, provided that such permit shall last for one calendar year and must
be renewed each year;
I. Any other sidewalk or planting strip obstruction which is determined to provide
a public benefit, although the obstruction constitutes a private use of the public street;
J. Fences, retaining walls, terracing, and other similar structures;
K. Retail stands which are approved in accordance with PAMC Chapter 17.26.
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Section 4. Ordinance 2350, as amended, and Chapter 11.12 of the Port Angeles
Municipal Code are hereby amended by amending PAMC 11.12.130 to read as follows:
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 -riot 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, if the 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 plum,
tree the roots of which may cause injury to the sewers, water
mains, sidewalks or pavements, the height of which interferes with overhead utility wires or
which breed 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 overhang or prevent the free use
of the sidewalk or roadway, or street maintenance activity or utility use of the street except 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
placed shall also be trimmed so as to remain below power lines if present.
Section 5 - 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.
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Section 6 - Severability. If any provisions of this Ordinance, or its application to any
person or circumstances, are held invalid, the remainder of the Ordinance, or application of the
provisions of the Ordinance to other persons or circumstances, is not affected.
Section 7 - Effective Date. This Ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum. This ordinance shall take
effect five days following the date of 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 15th day of April, 2008.
ATTEST:
Becky J. U n, y Clerk
APPR VED AS TO FO
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William E. Bloor, City Attorney
PUBLISHED: April 20 , 2008
By Summary
G:\Legal_ Backup \ORDINANCES &RESOLUTIONS \ORDINANCES.2008 \12 - Chapter 11 PAMC Right of Way Use 030608.wpd
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Summaries of Ordinances Adopted by the
Port Angeles City Council
on April 15, 2008
Ordinance No. 3328
This Ordinance of the City of Port Angeles, Washington, revises Title 11 of the Port Angeles
Municipal Code relating to Streets and Sidewalks.
Ordinance No. 3329
This Ordinance of the City of Port Angeles, Washington, revises Title 14 of the Port Angeles
Municipal Code relating to Signs.
Ordinance No. 3330
This Ordinance of the City of Port Angeles, Washington, revises Title 15 of the Port Angeles
Municipal Code relating to Clearing, Grading, Filling and Drainage Regulations.
Ordinance No. 3331
This Ordinance of the City of Port Angeles, Washington, revises Title 16 of the Port Angeles
Municipal Code relating to Subdivisions.
Ordinance No. 3332
This Ordinance of the City of Port Angeles, Washington, revises Title 17 of the Port Angeles
Municipal Code relating to Zoning.
The full texts of the Ordinances are 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.
These Ordinances shall take effect five days following the date of publication by summary.
Becky J. Upton, CMC
City Clerk
Publish: April 20, 2008