HomeMy WebLinkAbout2736Ordinance No. 2736
(Amending or Repealing Ordinances)
CFN=239 - City Property (excluding fire stations)
Passed 8/4/1987
Amending KCC Chapter 7.03 regarding the posting of no trespassing signs by
the Public Works Department on City owned utility property
Amended by Ord. 4032 (sec. 7.06.020)
ORDINANCE NO. c,7a
AN ORDINANCE of the City of Kent,
Washington, amending Kent City Code
Chapter 7.03 regarding the posting of no
trespassing signs by the Public Works
Department on City owned utility property.
WHEREAS, the City of Kent is a noncharter Code city
empowered under RCW 35A.79.010 to acquire, use, and manage real
property and interests in real property; and
WHEREAS, the City of Kent maintains and operates a
combined utility which includes water, sewer, and storm water and
surface utilities as authorized by RCW 35A.80.010 and RCW
35.67.020 as codified in Kent City Code Chapters 7.03 through
Chapter 7.20; and
WHEREAS, in the use and management of combined utility
properties utilized in the City's management of its combined
utility facilities and operation, the City has determined that the
general public has been creating the risk of serious personal
injury and damage to the City's combined utility properties and
facility operation through the unpermitted use of dirt bikes,
off-road vehicles, and vandalism; and
WHEREAS, the City of Kent has suffered uncompensated
losses in repairing damage caused to its combined utility
properties and increased risk of liability caused by such
unpermitted uses; and
WHEREAS, it is necessary for the City to protect its
property from such unpermitted use and to protect the public
health, safety, and welfare; and
WHEREAS, the combined utility is administered by the City
Public Works Department; and
WHEREAS, it is necessary for the management of said
properties to authorize the Public Works Department to post "no
trespassing" and other restrictive signs on such properties as
determined by the Department to be reasonable to apprise the
public of the specific use of such properties with the intent to
prohibit any public or vehicular use of such designated
properties; and
WHEREAS, it is the intent of the Council to make
violation of any posted no trespassing sign a crime punishable as
criminal trespass and a misdemeanor under Kent City Code 9.02.56;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. The Council finds that the general public has
been using the City of Kent's combined utility properties for
unpermitted personal and vehicular use unrelated to combined
utility system use and management which has caused damage to such
properties and the risk of serious physical injuries to persons.
The Council further finds that these conditions expose the City to
unwarranted liability and unnecessary expense in repairing such
facilities and property. It is its intent to authorize the
Department of Public Works to post appropriate no trespassing
signs and other restrictive signs in conspicuous places on such
properties as the Director or his designee determines appropriate
to notify the general public of the prohibition against use of
such designated properties for any personal or vehicular use
(motorized and nonmotorized). The Council further finds that such
unpermitted uses constitute an unlawful trespass which shall be
punishable as a misdemeanor under Kent City Code 9.02.56.
Section 2. Kent City Code Chapter 7.03 is amended as
follows:
7.03.020. MANAGEMENT OF COMBINED UTILITY PROPERTY -
RESTRICTED USE - PENALTIES. The Director of Public Works, or
designee, is hereby authorized to post combined utility
properties, including rights-of-way, easements and appurtenant
facilities, with appropriate "no trespassing" or other restrictive
signs as determined by the Director to be necessary to protect
such property and facilities from damage or unpermitted use. The
Director or designee is authorized to post "no trespassing" signs
or any other signs in a conspicuous manner which are capable of
being readily viewed and understood by the public to prohibit use
by any person, including the use of motorized or nonmotorized
vehicle on such properties. "Motor vehicle" for purposes of this
Ordinance is that definition as provided in RCW 46.04.320.
"Vehicle" for purposes of this Ordinance is that definition as
provided in RCW 46.04.670. Every person who enters or remains on
any City combined utility property where notice against such use
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or trespass has been given by the City through such posting "no
trespassing" or other similar signs is punishable as criminal
trespass and is subject to the criminal penalties provided in Kent
City Code 9.02.56.
Section 3. Effective Date. This ordinance shall take
effect and be in force five (5) days from and after its passage,
approval and publication as provided by law.
Section 4. The provisions of this Ordinance are declared
to be separate and severable. If invalidity of any clause,
sentence, paragraph, subdivision, section or portion thereof this
Ordinance or the invalidity of the application thereof to any
person or circumstance shall not affect the validity of the
remainder of the Ordinance, or the validity of its application to
other persons or circumstances.
DAN KELLEHER, MAYOR
ATTEST:
MARIE JENSEN; ITY CLERK
APPROVEW AS
NDRFA-�)RISCOLL, CITY AT!'TGRNEY
PASSED the day of 4Q44a, , 198 7.
APPROVED the day of , 1987.
PUBLISHED the day of , 1987.
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I hereby certify that this is a true copy of Ordinance
No.- f�36 , passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as hereo
indicated.
04990-170
(SEAL)
MARIE JEN E ,�CIT�YCLE�RK
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