HomeMy WebLinkAbout2998191
ORDINANCE NO. � �I �I �3
AN ORDINANCE of the City of Kent,
Washington, relating to the use and occupa-
tion of public streets, sidewalks and other
public places; regulating the use and re-
quiring permits therefor; defining offenses;
providing penalties; amending Ordinance 1733
on political signs and repealing Ordinance
2518 on building moving permits.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, HEREBY
ORDAINS AS FOLLOWS:
Section 1. Section 2 of Ordinance 1733 (Kent City Code
Section 9.06.080) is amended to read as follows:
Section 2. PUBLIC PROPERTY-((PG1,!T1GA13 GAMPAI )
tSIGNS PROHIBITED.
No person shall attach, place,
paint, write, stamp or paste any
sign, poster or bill upon any lamp
post, electric light, railway,
telephone or telegraph pole, or
shade tree; on any bridge, pavement,
street, sidewalk or cross -walk,
public building or any ( (pT-epeT-t-Y) )
public place or anything belonging
to the City or within public
easements without obtaining a street
occupation permit as provided for in
Kent City Code Chapter 4.09.
Section 2. Section 6 of Ordinance 1733 (Kent City Code
Section 9.06.024) is amended to read as follows:
Section 6. PENALTIES.
Any person willfully violating ((a-ny
)) Sections the pre isiens
9.06.012 9.06.016 or 9.06.200 of !,
the Kent City Code ((fie
a; e)) shall be punished in
accordance with the general penalty
provisions of Kent City Code Section
1.02.080. ((
Threebe subje
Hundred aell3is
thirty (30) days J:n
beth sue
Violations of Sections 9.06.080
shall be enforced and punished in
accordance with the Street
Occupation Code, Kent City Code
Chapter 4.09.
Section 3. Ordinance 2518, entitled:
ii
i"
AN ORDINANCE of the City of Kent,
jl Washington, relating to building codes;
amending Chapter 14.08 of the Kent City
Code, to delete the requirement for a
performance bond, and amending the pro-
s relating to house moving permits
vision g i
is hereby repealed.
Section 4. There shall be a new chapter added to the
11 Kent City Code, Chapter 4.09, entitled the "Street Occupation
(Permit Code," which shall read as follows:
r
4.09.020. TITLE. This chapter shall constitute the
llStreet Occupation Permit Code of the City of Kent.
2
4.09.040. EXERCISE OF POLICE POWER. This subtitle is
the City's exercise of police power for the public safety, health
and welfare, and its provisions shall be liberally construed for
the accomplishment of that purpose.
4.09.060. DISCLAIMER OF CITY LIABILITY.
A. Issuance of any permit pursuant to this chapter does
not constitute the creation of a duty by the City to any person,
nor indemnify any person for any wrongful acts of a permit holder
against any person or the public, or to otherwise shift
responsibility from the permit holder to the City.
B. Nothing contained in this chapter is intended to be
nor shall be construed to create or form the basis for any
liability on the part of the City, its officers, officials,
employees, or agents for any injury or damage resulting from the
failure of a permit holder or permit applicant to comply with the
provisions of this chapter, or by reason or in consequence of any
act or omission in connection with the implementation or
enforcement of this chapter, on the part of the City.
C. It is expressly the purpose of this chapter to
provide for and promote the health, safety and welfare of the
;general public, and not to create or otherwise establish or
designate any particular class or group of persons who will or
,should be especially protected or benefitted by its terms.
D. It is the specific intent of this chapter to place
Sithe obligation of complying with its requirements upon the permit
'holder or permit applicant, and no provision of, nor term used in
(this chapter, is intended to impose any duty whatsoever upon the
City or any of its officers, officials, employees, or agents, for
whom the enforcement of this chapter shall be discretionary and not
mandatory.
4.09.080. RIGHT TO PROSECUTE CIVIL ACTION. Nothing in 1
this chapter shall be construed to curtail or abridge the right of
f
anyone to prosecute a civil action for damages by reason of injury
to person or property resulting from the negligent use by any other
person of any public place or the space above or beneath the same.
Further, this chapter shall not be construed as relieving any
person from liability, nor from any damages accruing to or suffered
by anyone, which are caused by or result from the occupation,
obstruction or encroachment of any public place.
4.09.100. DEFINITIONS.
A. Words and phrases, wherever used in this chapter
shall have the meaning ascribed to them except where otherwise
defined, and unless where the context shall clearly indicate to the
contrary.
1. "Adjacent property" means and includes the
t, property abutting the margin of a public place contiguous and with
1 reference to said public place.
i'
2. "Areaway" means and includes a sunken space,
�j
;either covered or uncovered, or a court affording room, access or
!!light to a building.
3. "Awning" means a temporary shelter supported
''entirely from the exterior wall of a building.
4
4. "Banner" means any pliable canvas or cloth sign
material stretched over or across any public place.
5. "Building" is any structure used or intended
for supporting or sheltering any use or occupancy.
6. "Business property" means and includes all
properties not included in "residence property" defined in this
section.
7. "Canopy" means a nonrigid, collapsible,
nonretractable, protective covering located at an entrance to a
building.
8. "City Engineer" means the Kent City Engineer
and his authorized representatives.
9. "Department" means the Public Works Department
of the City of Kent.
10. "Director" means the Public Works Director and
This authorized representatives.
11. "Driveway" means and includes that portion of
ja public place which provides access to an off-street vehicular
facility through a depression in the constructed curb or, when
there is no constructed curb, that area in front of such vehicular
facility as is well defined or as is designated by authorized signs
.or markings.
12. "Improved public place" means any public place,
as defined in this chapter, which contains overhead or underground
utilities or a driving or walking surface.
13. "Marquee" means a permanent, roofed structure
attached to and supported by the building and projecting over
public property.
14. "Marquee sign" means a sign placed on,
constructed in, or attached to a marquee.
15. "Newsstand" means any stand, box structure,
rack or other device which is designed or used for the sale and/or
distribution of newspapers, periodicals, magazines or other
publications, or any combination thereof.
16. "Public place" means and includes streets,
avenues, ways, boulevards, drives, places, alleys, sidewalks,
,planting (parking) strips, squares, triangles and other rights-of-
lway open to the use of the public, and the space above or beneath
,the surface of same. This definition specifically does not include
streets, alleys, ways, planting strips and sidewalks which have not
been deeded, dedicated or otherwise permanently appropriated to the
.public for public use.
g
17. "Sidewalk cafe" means a portion of sidewalk
I . area in which are placed tables and chairs for the use of the
public while consuming food and/or beverages, including alcoholic
;beverages, served by a cafe or restaurant located on adjoining
j property. .
18. "Sign" means any medium, including its
structure and component parts, which is used or intended to be used
out of doors to attract attention to the subject matter for
advertising purposes.
19. "Sign, portable" means a sign which is not
permanently affixed and is designed for or capable of being moved,
except those signs explicitly designed for people to carry on their
persons or which are permanently affixed to motor vehicles.
20. "Structure" means that which is built or
constructed, an edifice or building of any kind, or any piece of
work artificially built up or composed of parts joined together in
some definite manner.
21. "Use" means and includes: to construct, store,
I
I�erect, place upon, or maintain, or operate in, upon, over or under
!any public place, any areaway, marquee, awning, clock, newsstand,
sign, sidewalk elevator or door, fuel opening, sidewalk cafe or
restaurant, staging, swinging scaffold, elevator or other structure
or material, machinery or tools used or to be used in connection
;with the erection, alteration, repair or painting of any building;
j or to move any building across or along any public place; or to use
or occupy any public place for the storage or placement of any
material, equipment or thing; or to operate any cleated or tracked
vehicle in any public place; or to allow any vehicle to be in or
upon any public place other than that portion used as a roadway; or
to allow any vehicle to be upon that portion of roadway designated
las parking or curb space for purposes of selling or soliciting in
i
addition to merely parking; or to remove, injure, or destroy any
tree, flower, plant or shrub in any public place; or to open,
7
excavate, or in any manner disturb or break the surface or
foundation of any permanent pavement of a public place, or to alter
the established grade of any street, or to disturb the surface of,
dig up, cut, excavate or fill in any public place; or to construct,
reconstruct, maintain or remove any sidewalk or crosswalk,
pavement, sewers, water mains, grading, street lighting, or
appurtenances thereto, except when permitted by ordinance, or to do
,any work in, or erect any structure under, along or over any public
!place.
B. Words in the present tense shall include the future
tense, words in the masculine gender shall include the feminine and
neuter genders, and words in the singular shall include the plural
and plural words shall include the singular.
4.09.120. SAFETY CODE BUILDING CODE AND WASHINGTON
CLEAN ACT COMPLIANCE. All work to be done under the authority of
this chapter shall be accomplished in compliance with all
applicable rules, regulations, ordinances and statutes, including
,the Uniform Building Code as adopted by the City, the State Safety
Code, the Washington Clean Air Act and the rules and regulations of
the Puget Sound Air Pollution Control Agency, and shall diligently
(proceed without undue delay or inconvenience to the public.
4.09.140. OCCUPATION PERMIT REQUIRED. It shall be
i
;unlawful for anyone to use any public place for private purposes,
'without having first obtained a written permit from the Director,
and without complying with all the provisions of this chapter in
relation thereto; provided that nothing herein shall apply to
street, drainage, water or sewer maintenance work performed by the
!,City, including street, drainage, water or sewer installation and
8
19
improvement work authorized by ordinance, or street, drainage,
water or sewer improvement projects under contract with the City.
4.09.160. PERMIT APPLICATION. Applications for permits
under this chapter shall be filed with the Director, upon a form
furnished by the Department. Such applications shall contain:
A. An accurate description of the public place or
portion thereof desired to be used;
B. The use desired to be made of such public place by
the applicant;
C. The plans and specifications for any utility or
structure desired to be constructed, erected or maintained by the
applicant in or on a public place;
D. Where it is desired to construct a fuel opening,
sidewalk elevator or door, a certificate from the City Property
Manager showing the applicant to be the record owner of the
premises abutting and in connection with which such fuel opening,
;sidewalk elevator or door is to be constructed; and
E. If a building or structure is being moved from a
location in the City, the applicant shall verify that the sewer is
capped, the septic tank removed, or that the septic tank has been
j filled within inert material. The applicant shall also verify that
!gall utility charges have been paid at the location from which the
ii building is to be moved. Complete plans and specifications showing
`j the method of travel, dimensions of the object to be moved, weight,
9
route of travel and the date and time of move shall be filed with
the permit application.
4.09.180. PROCESSING OF APPLICATIONS.
A. The City Engineer shall examine each application
submitted to determine if it complies with the provisions of this
chapter. In order to ascertain any facts which may aid in
determining whether a permit shall be granted, the City Engineer or F
his representative may inspect the premises which are desired to be
used under the permit. The City Engineer's findings shall be
endorsed upon such application and transmitted to the Director.
B. Any application for a permit to construct, erect or
maintain any awning, marquee, sign, or any structure in a public
place shall be first transmitted to the Building official of the
City, who shall ascertain if the plans and specifications conform
to the regulations pertaining to safety, material and design of the
funiform Building Code as adopted by the City. The Building
i
official shall then endorse his findings on the application an
'transmit the same to the City Engineer.
C. Any application to move a building or structure
} j shall be transmitted by the City Engineer to the Building, Fire and
I'
kPlanning Departments of the City for review. No permit shall be
i!issued under this chapter until all other permits required by the
City have been issued.
i
fl D. If the Director finds that the application presented
'',to him for approval conforms to the requirements of this chapter,
and also that the proposed use of such public place will not unduly
interfere with the rights of the public, he may approve such
i
10
i
'I
li,
application. The Director shall then fix the period of time for
which the permit shall be granted, which shall in no case be longer
than one (1) year, and approve such permit for issuance, upon the
i
applicant's compliance with the terms of this chapter.
4.09.200. INDEMNITY DEPOSIT -- SURETY BOND -- LIABILITY
!INSURANCE.
A. If the Director determines that there is a
�probability of injury, damage or expense to the City arising from
an applicant's proposed use of any public place, the applicant
!shall provide a cash indemnity deposit to the Public Works
!Department. The amount of the cash indemnity deposit shall be
determined by the Director, be governed by the anticipated amount
and extent of injury, damage or expense to the City, and determined
,at the time of application approval. Such indemnity deposit shall
be used to pay the cost of inspections, surveys, plans and other
administrative services performed by the City, of restoring the
street and removing any earth or other debris from the street, the
replacement of any utility interrupted or damaged, or the
completion of any work left unfinished, the cost of filing of an
!indemnity agreement with the Public Works Department, if such an
;agreement is required with the permit, and any other expense the
;City may sustain in conjunction with the permitted work. The
;balance of the cash indemnity deposit, if any, after the foregoing
';deductions, shall be returned to the applicant. If the indemnity
!deposit be insufficient, the applicant will be liable for the
;deficiency. If the City Engineer or Director determines that
iengineering studies must be made prior to the approval of any
application for permit, the cost of such study shall be paid for by
'the applicant, or deducted from his indemnity deposit.
'� 11
B. The applicant may, in lieu of or in addition to the
cash indemnity deposit, file with the Department a surety bond
which has been approved as to surety and as to form by the City
Attorney; which shall meet all the requirements provided in Section 1
4.09.200(A) above relative to a cash indemnity deposit; shall run
for the full period of the permit; and shall be in an amount to be
fixed by the Director and conditioned such that the applicant shall j
faithfully comply with all the terms of the permit, all the
provisions of this chapter, all other ordinances of the City, and
indemnify and save the City free and harmless from any and all
i
claims, actions and damages of every kind and description which may
,accrue to, or be suffered by, any person by reason of the use of
I
;any public place.
C. An applicant for a permit shall maintain in full
force and effect public liability insurance in an amount sufficient
to cover potential claims for bodily injury, death or disability
and for property damage, which may arise from or in connection with
the permit. The Director shall establish the amount of such
insurance, and a copy of the policy shall be provided to the City
for review prior to issuance of the permit.
D. If the application is for the construction,
reconstruction, repair, maintenance or removal of any sidewalk,
;pavement, sewers, water mains, grading, street lighting, or
appurtenances thereto, the applicant shall file with the
,Department a surety bond approved as to surety and as to form by
the City Attorney, which bond shall run for the full period of the
jpermit plus one (1) year after the acceptance of the permitted work
!by the City, and shall be in an amount fixed by the Director, and
conditioned such that the applicant shall faithfully complete all
12
portions of the work according to the Standard Plans and
Specifications of the City, and the specific plans for the work as
approved by the City Engineer.
E. The Director may require any permit holder to post
a surety bond in the calendar year following the period of a permit
;,when the extent of possible damage to a public place cannot be
completely determined.
4.09.220. INDEMNITY TO SAVE CITY HARMLESS FROM CLAIMS.
In addition to the foregoing cash indemnity fund, the
applicant; owner of the premises in front of which, and in
connection with which, the permit is to be obtained; and any
existing lessee, sublessee, tenant and subtenant using or occupying
I the basement of the premises in connection with which such
Istructure is to be used; shall be required to execute a written
agreement supplied by the City Attorney to forever hold and save
!1
the City free and harmless from any and all claims, actions or
11damages of every kind and description which may accrue to, or be
;suffered by, any person by reason of the use of such public place,
Eor of the construction, existence, maintenance or use of any such
structure. Such agreement shall also contain a covenant on the
�Ipart of the persons or corporations executing the same, for
;themselves and their heirs, executors, administrators, successors,
;'assigns, lessees, sublessees, tenants and subtenants, assuming the
duty of inspecting and maintaining all structures, services,
!instrumentalities and facilities installed or to be constructed or
11 occupied under authority of such permit, and assuming all liability
I
for, and saving and holding the City harmless from any and all
(loss, damage or injury that may result to his or their own person
or property, or the person or property of another, by reason of the
a'
13
use or occupation of such structure, services, instrumentalities or
facilities on or in a public place pursuant to this chapter.
4.09.240. PERMIT TO VEST NO PERMANENT RIGHT --
REVOCATION -- FEE SCHEDULE.
A. All permits authorized under this chapter shall be
of a temporary nature, shall vest no permanent right whatsoever,
and may in any case be revoked by the Director upon thirty ( 3 0 )
day's notice, posted on the premises, mailed to the permit holder,
or without notice in the case where any such use or occupation
shall become dangerous or any structure or obstruction permitted
Ishall become insecure or unsafe, or shall not be constructed,
(maintained or used in accordance with the provisions of this
(chapter.
B. If any such structure, obstruction, use or occupancy
is not discontinued on notice to do so by the Director, the City
,Engineer may remove such structure or obstruction from such place,
or may make such repairs upon such structure or obstruction as may
!be necessary to render the same secure and safe, at the expense of
!the permit holder, or his successor, and such expense may be
collected in the manner provided by law; and the Director may
;require a surety bond in such connection.
C. The Director is authorized to renew such permits
under the same procedures set forth in this chapter for initial
1permit applications, and further directed to prepare and adopt a
schedule of fees applicable to all such permits heretofore or
;hereafter issued commensurate with the cost of administration,
inspection and policing involved in the issuance and continuance of
'such permits and the use thereby granted, and any such schedule,
14
when approved by the City Council by resolution, shall govern the
amount of the fee for any such permit, which shall be collected by
the Public Works Department as a condition to the issuance or
renewal of any such permit. In order to effectuate the collection
of such fees, the Public Works Department may notify holders of
outstanding permits previously issued as a reminder to pay the
applicable fee or the permit will be revoked.
D. When the use requiring a permit is made of any
street or public area, without a permit being first obtained, the
fee shall be double that provided in the schedule of fees. The
double fee shall apply only to the first tenure of the permit.
4.09.260. ISSUANCE OF PERMITS. Upon approval of the
Director of an application for the use or occupation of a public
place, the Department shall issue a permit therefore. The original
permit shall remain in the Department's files and a copy shall be
given to the grantee.
4.09.280. REFUND ON PERMIT FEE. Whenever the fee paid
for any street use or occupation permit shall be erroneous for any
reason, and application is made for refund, the Director shall
certify the facts justifying such refund, the amount thereof, and
his approval of such refund, and upon presentation of such
certificate to the Finance Department to pay a warrant therefore in
the amount of such refund.
4.09.300 PORTABLE SIGNS -- PERMIT -- REMOVAL. It is
1 unlawful for any person to place, erect or maintain a portable sign
upon any public place unless a permit has been obtained pursuant to
this chapter. Permitted signs which are ten feet (101) or less in
15
height as measured from street or driveway grade and which obscure
the vision of motorists shall be located at least twenty feet (20' )
from intersections or driveways, or at any other location on the
public place as determined by the Director. The existence of any
such portable sign which has not been specifically permitted under
this chapter shall be considered an obstruction existing unlawfully
upon the public place, and the Department may proceed to effect its
removal, and the removal thereof in no event constitutes a breach
of the peace or a trespass.
4.09.320. PORTABLE SIGNS -- IMPOUND -- DESTRUCTION.
Every portable sign removed under Section 4.09.300 of this chapter
by the Department shall be impounded and held on the Department's
premises for a period of ten (10) days. The owner or other person
responsible may redeem such sign upon presentation of a monetary
amount sufficient to cover the costs of removal and storage. Any
;portable sign not redeemed after ten (10) days will be stored or
jdestroyed by the Department, at its option.
4.09.340. ENFORCEMENT. The Director is authorized to
post notice on private property at or abutting the scene of any
violation of this ordinance calling for compliance with the terms
herewith.
4.09.360. REMOVING OR DESTROYING NOTICES PROHIBITED. It
shall be unlawful for anyone to remove, mutilate, destroy or
conceal any notice issued or posted under the authority of the
Director pursuant to the provisions of this chapter.
16
4.09.380. VIOLATION -- PENALTY.
A. In addition to any other sanction or remedial
procedure which may be available, any person violating or failing
to comply with any of the provisions of this chapter shall be
subject to a cumulative penalty in the amount of seventy-five
dollars ($75.00) per day from the date the Director shall set in a
written notice for the removal of any obstruction or the
discontinuance of any use or occupancy of any public place, until
compliance with such notice.
B. The penalty imposed by this section shall be
collected in a civil action brought in the name of the City. The
Director shall notify the City Attorney in writing of the name of
any person subject to the penalty, and the City Attorney shall,
with the assistance of the Director, take appropriate action to
collect the penalty.
4.09.400. ADDITIONAL RELIEF. The Director may seek
legal or equitable relief to enjoin any acts or practices and abate
any condition which constitutes or will constitute a violation of
this chapter when civil or criminal penalties are inadequate to
effect compliance.
Section 5 Severability. The provisions of this
ordinance are declared to be separate and severable, the invalidity
of any clause, sentence, paragraph, subdivision, section or portion
of this ordinance, or the invalidity of the application thereof to
Jany person or circumstance shall not affect the validity of the
{remainder of this ordinance, or the validity of its application to
jother persons or circumstances.
17
Section 6. Effective Date. This ordinance shall take
effect and be in force thirty (30) days from the time of its final
approval and passage as provided b law.
DAN KELLEHER, MAYOR
ATTEST:
BRENDA JACOBERO'DE TY CITY CLERK
APPROVED AS TO FORM:
RQMR A. LUBO , CITY—ATTARVEY
PASSED the day of 1991.
APPROVED the day ofy' -� >'; L , 1991.
R;L' 1 ,
PUBLISHED the day of 1991-
I hereby certify that this is a true and correct copy of
-� �J`j passed by the City Council of the City of
;Ordinance NO.� �
jKent, Washington, and approved by the Mayor of the City of Kent as
thereon indicated.
1
BRENDA JACOBER, DE UTY CITY CLERK
',occupa.ord