HomeMy WebLinkAbout3138Ordinance No. 3138
["Beginning July 1, 1998"]
(Amending or Repealing Ordinances)
Amended by Ord. 3471
Readopting, re-enacting, ratifying & confirming rates & fees by Ord. 3534
ORDINANCE NO. 3 3 �
AN ORDINANCE of the City Council of the
City of Kent, Washington, repealing Chapter
8.02 of the Kent City Code, entitled "Political
Signs, Banners, Etc.", Chapter 6.08, entitled
"Street Occupation Permits", and Section
9.36.040, entitled "Street Closure"; and
amending Chapter 6.07 entitled, "Street Use
Permits", as this chapter relates to use of
public property and rights-of-way.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 8.02 of the Kent City Code, entitled
"Political Signs, Banners, Etc.", is hereby repealed in its
entirety.
Section 2. Chapter 6.08 of the Kent City Code, entitled
"Street Occupation Permits", is hereby repealed in its entirety.
Section 3. Resolution 1303, adopting a schedule of fees
for permits relating to Chapter 6.08, "Street Occupation
Permits", is hereby repealed in its entirety.
STREET USE PERMITS
Section 4. Section 9.36.040 of the Kent City Code,
entitled "Street Closure", is hereby repealed in its entirety.
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Section 5. Chapter 6.07 of the Kent City Code, entitled
! "Street use permits", is hereby amended to read as follows:
CHAPTER 6.07. STREET USE PERMITS
Sec. 6.07.010. Purpose.
The purpose of this chapter is to establish minimum rules and
regulations relating to street use associated with property
development and to other uses of streets, sidewalks, public
property,
public
rights-of-way
and
other public places for
private
f
purposes
and to provide
for
enforcement.
Sec. 6.07.020. Definitions.
The following words and phrases wherever used in this
chapter shall have the meanings ascribed to them in this section
except where otherwise defined and unless the context shall
clearly indicate to the contrary•
"Banner" means any pliable canvas or cloth sign material
or holiday or festival decor such as garland or similar decor
stretched over or across any public place
"Director" means the director of public works of the
city and/or his or her designee
"Portable sign" means a sign which is not permanently
affixed to the ground or to a building or structure and which may
be easily moved.
"Public place" means and includes streets avenues
ways, boulevards, drives places alleys sidewalks planting
(parking) strips, squares triangles and other rights-of-way open
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j to the use of the public, and the space above or beneath the
il 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
ji to the public for public use
"Use" means and includes but is not limited to the
following types of uses: to construct store erect place
- maintain, or operate in upon over or under any public place
any sidewalk cafe, food cart or restaurant staging scaffold
E structure or material machinery or tools used or to be used in
j connection with the erection alteration repair or painting of
any building; or to move any building across or along any public
IIplace; or to use or occupy any public place for the storage or
placement of anv material equipment or thing; or to allow any
vehicle to be upon that portion of roadway designated as parking
or curb space for purposes of selling or soliciting in addition
!f to merely parking; or to open excavate or in any manner disturb
f 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 and other such
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uses.
Sec. 6.07. ( (920) ) 030. (Mer__- required.)) Uses and Permits.
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A. Uses Related to Construction and Property
Development.
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No person shall be issued a project, building
((e*)) grading or fill permit without first obtaining a separate
street use permit from the department of public works except as
f follows:
1. An applicant for a permit to make an addition,
alteration or repairs to a single-family residence;
1 2. An applicant for a permit to make an
alteration, repair or minor addition (less than twenty thousand
dollars ($20,000.00) in value) to any structure other than a
single-family residence.
1. The director determines, in his or her
I discretion, that the issuance of a separate street use 12e it for
each project, building grading or fill permit is not necessary
to regulate the use on the public place
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Signs.
1. No person shall place a sign on any public
glace except as follows:
a. Portable Signs. Portable signs as
defined herein may be placed on a public place without a permit
upon the following conditions•
i. No portable sign placed on public
property may reduce the unobstructed width of a sidewalk or
! walkway to less than four (4) feet or otherwise impede the
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progress of pedestrians bike riders or handicapped individuals
In addition, no sign or banner shall be installed within four (4)
feet of the face of curb or the edge of a traveled street
driveway, highway, or alley.
ii. No portable signs shall be installed
or placed upon power poles telephone poles street light
standards, sign posts trees traffic controllers markers; on
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any railing, bridge overpass street crosswalk public building
or lawn or open area surrounding any public building
iii. No portable sign shall be installed
in, or within twenty (20) feet of a driveway, wheelchair ramp or
intersection or placed or situated on a public place in such a
r way as to constitute a threat to the health safety and welfare
of the public or interfere with the use of the public place..
iv. Portable signs shall be installed so
that the top of the sign does not exceed an elevation of 36
inches higher than the height of the sidewalk bike path or
walkway. Where these improvements do not exist the 36 inch
height limitation shall be measured from the highest edge of the
street, alley or driveway.
V. Portable signs shall be constructed
of weather -resistant wood metal or plastic Canvas cardboard
and paper signs are prohibited
vi. Attachment of paper, plastic
balloons, or cardboard to a sign structure is not permitted if
such attachment extends the approved height or width of the sign
vii. Portable signs shall not be weightedL
down, or otherwise attached to public property in such a way as
to resist impact by a traveling vehicle bicycle or pedestrian
b. Political campaign signs Political
campaign signs may be placed on a public place without a permit
except, however, no sign shall be placed or situated on a public
place in such a way as to constitute a threat to the health
safety and welfare of the public or interfere with the use of the
Public place. Owners of political campaign signs shall be
responsible for their removal after their use
c. Banners. Banners may be placed on a
public place only by permit pursuant to the provisions of this
chapter.
d. Other. All other signs are prohibited on
public places for private purposes and on any equipment
facilities and structures located upon public places including
but not limited to, power poles, telephone poles street light
standards, sign posts trees traffic controllers markers
railings, bridges, overpasses and public buildings
2. Violations. In addition or as an alternative
to the remedies provided in this chapter the director may remove
or relocate signs which are placed on a public place in violation
of the provisions of this subsection 6.07.030(B). or which the
director determines, in his or her discretion,constitutes a
threat to the health, safety and welfare of the public or
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interferes with the use of the public place
C. Other Uses of Public Property.
It shall be unlawful for anyone to use any public
Place for private purposes without having first obtained a
street use permit from the director, and without complying with
all the provisions of this chapter in relation thereto
D. Street Closures.
1. The City may permit the closure of a portion
of a street or road within the boundaries of the City. No
closure of any street or road of any duration in time or length
shall occur except in accordance with a permit issued by the
director, and such other laws or regulations which may be
applicable.
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2. The director may issue a permit for closure of
F, such street or road if such closure is consistent with the
general health, safety and welfare of the citizens, The director
i( is authorized to require that issuance of the permit is dependent
upon fulfillment of such conditions as are necessary to ensure
the closure is carried out in a safe uniform and reasonable
manner, including but not limited to:
a. The execution of a written agreement
Eregulating access to the street by emergency vehicles and local
residents during the closure
b. Procurement and posting of a bond cash
and/or proof of insurance in an amount sufficient to ensure
payment for damages and/or all cleanup costs associated with the
closure, and a hold harmless agreement as set forth in
subsection .060 below.
c. Use of City -approved signs and barricades
f, for the closure.
D. City Development or Use - Exemptions
i The requirements of this chapter shall not apply
to:
1. Street, drainage, water or sewer maintenance
work performed by the City, including street drainage water or
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sewer installation and improvement work authorized by ordinance
or street, drainage, water or sewer improvement projects under
contract with the City shall be exempt from the provisions of
this chapter.
2. The City initiated closure of anv hiahwav,
street or road.
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Sec. 6.07.((630)) 240. Permit application.
To obtain a permit, the person shall file an application
on a form furnished by the city for that purpose. Every
application shall, where applicable:
1. Identify the property by legal description and
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address for which a building, grading or fill permit is being
sought or an accurate description of the public place or portion
thereof desired to be used.
2. Provide the use desired to be made of such public
place by the applicant.
3. Provide the Plans and specifications for any
€ utility or structure desired to be constructed erected or
Jmaintained by the applicant in or on a public place
Identify routes to be utilized to and from the
property.
((3.)) 5. Identify the owner of the property being developed.
((4-.)) 6. Identify the contractor and subcontractor
responsible for the development work.
Include the state contractor's number of such
contractor or subcontractor.
Include the city business license number of such
contractor or subcontractor.
Be signed by the owner or the agent of the firm who
will be actually responsible for the development work.
((See. 6.97.940. Preinspeetion.
Prior to "t}aiiEe-ef any street use perms, the leeatien
shall be }nspeeted-by a department e€-publie werks inspeetien
effi . a ) )
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that there
is-a prebability
ef injury,
damage
er
expense } the
street, the
the elty.
the-direeter
-appliea t
The arteun e€
ef ptb3ie-ferlFs
shall faake-a
-tete- e a s h depe
er designate-at--the-
each indefanity
s irshalb
depesit-with
e-determined b y
iiae-e€
ig
c-mtleipated--afaeunt
eit f • �s determined
the applieatien
and
,�
and shall
extent ef injurry,
the
be geverned
damage
e€-pute-iferks
te
by thei
er expense to the
er designate.
Sueh indemnityfund
shall
bused -fie--
pay the
Best
ef inspeetzons,
surveys,
restering
plans and ether
the-street-and
-------- perfermed
any
earth
by the
er ether
eity f
debris fz
the street,
er the eempletien
the replaeefaent
ef any
ef any
werk left unf-Inished
utiilty
interrupted
and
om
er damaged
any ether
I expense the
I werk. The
C............: ng
eity may sustain
alanee of the
de duetlens-sh.
-eacindemnity
ll �b p returned
ta-
et
f,nd,
l } -e}he
with
if
appl
the _ t LL _d
any, after the
ai if the
e
indemnity i ty
dames:} �
f f=e=ext , the
app3lea,}
will be l liable
Sec. 6.07.050. Processing of applications.
A. The director 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 director may
inspect the premises which are desired to be used under the
permit.
B. If the director finds that the application
presented to him or her for approval conforms to the requirements
iiof this chanter, and also that the proposed use of such public
,iplace will not unduly interfere with the rights of the public or
!unduly interfere or compete with adjacent uses on public or
private property or otherwise constitute a threat to the health
safety and welfare of the public then he or she may approve such
,application.
Sec. 6.07.060. 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 department of
Public works. The amount of the cash indemnity deposit shall be
determined by the director, governed by the anticipated amount
and extent of injury, damage or expense to the city, and
r determined at the time of application approval Such indemnity
deposit shall be used to pay the cost of plan review
inspections, surveys, and other administrative services performed
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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
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
i any, after the foregoing deductions shall be returned to the
applicant. If the indemnity deposit is insufficient the
applicant will be liable for the deficiency. If the director
determines that engineering studies must be made prior to the
approval of any application for permit the cost of such study
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shall be paid for by the applicant or deducted from his
J1 indemnity deposit.
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$_ The director may require in lieu of or in addition
ij to the cash indemnity deposit the applicant to file with the
�9department a surety bond which has been approved as to surety and
as to form by the city attorney, The surety bond shall meet all
the requirements provided in subsection 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 faithfully comply with
all the terms of the permit, all the provisions of this chapter,
all other ordinances of the city.
C. 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
I department a surety bond approved as to surety and as to form by
the city attorney. The surety bond shall run for the full period
dof the permit and may be required by the director for a period of
one (1) year after the acceptance of the permitted work by the
city, and shall be in an amount fixed by the director. The surety
shall be conditioned such that the applicant shall faithfully
complete all portions of the work according to the standard plans
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j and specifications of the city, and the specific plans for the
work as approved by the city engineer.
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s C The director may require any permit holder to post
a surety bond in the calendar year following the period of a
a
i permit when the extent of possible damage to a public place
cannot be completely determined
The director may require an applicant to 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
The director has the discretion to require one or any
combination of the above requirements prior to issuance of a
y permit as the director deems appropriate considering the use
proposed by the applicant in order to reasonably protect the
I City's interests and the health safety and welfare of the
public.
Sec. 6.07.070. indemnity Agreement.
The applicant shall be required to execute a written
agreement supplied by the city attorney to forever hold and save
ii the city free and harmless from any and all claims actions or
i damages of every kind and description which may accrue to or be
suffered by any person by reason of the use of such public place
or of the construction, existence maintenance use or occupation
of any such structure, services fixtures equipment and/or
facilities on or in a public place pursuant to this chapter.
Sec. 6.07.((868)) 080. Permit expiration.
Every permit issued by the department of public works
' under provisions of this chapter shall expire in accordance with
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the expiration date of the respective building, grading, or fill
'permit. In no such case shall the life of the street use permit
extend beyond ((Bim (6))) twelve (12) months from date of
issuance.
f Sec. 6.07.((846)) 090. Special conditions, suspension or
revocation for noncompliance.
f A. The applicant shall continuously keep the streets
and storm drain system free from all debris attributed to the
work performed under the respective building, grading, or fill
permit. If this is violated, the director of public works or
designate may without advance notice and by posting the work site
suspend or revoke a permit issued. No new permit will be issued
or the suspension lifted until the conditions of this section
have been met. Where the director of public works or designate
determines that no immediate action per compliance with the
conditions of this section is about to occur, and the director of
public works or designate determines in his judgment that it is
in the best interest of the city that immediate action should be
taken, he can order the work done by city forces or other forces.
The cost thereof shall be deducted from the indemnity fund at the
actual cost plus fifteen (15) percent.
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B. The director of public works or designate may in
writing suspend or revoke a permit issued hereunder whenever the
permit was issued in error or on the basis of incorrect
information supplied or in violation of any other ordinance or
regulation of the city.
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!j Sec. 6.07.(("0)) 100. Permit and inspection fees.
A. The basic fee for a street use permit under Section
E 6.07.030(A) above shall be fifty dollars ($50.00). ((A separa
}ye t ; �eq-Ired-€ems--eeeh respeetive-building, grading, oz—fill
pemit independently if -several building, gig, er fil-I
pews a_e .6 --ed -en eine —(I) legally Qefined pureel of
prepe ty.)) The basic fee for a street use permit under Section
{ 6.07.030(B). (C) and (D) above shall be twenty-five dollars
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($25.00).
B. Where total inspection time exceeds two (2) hours
an extra charge shall be invoiced to the applicant at a rate of
twenty dollars ($20.00) per hour.
((See. 6.07.099. Permit renewal.Pemits whieh have expired may be renew d frer ninety!
(90) additienal days
ems-erre-half the eriginal Femit-€ee-. tee
renewal Permit must be applied f eprier e the —emp i rat i en date
r
a e €- he erriginal perrnit.))
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j; Sec. 6.07.((1-")) 110. Double fee for work without permit.
Whenever work for which a permit is required by this
chapter is commenced or performed prior to obtaining such permit,
the basic permit fee shall be doubled. The payment for such
double fee shall not relieve any person from full compliance with
all of the requirements of this chapter in the execution of the
work or from any other penalties which may be provided for in
this chapter, including criminal
penalties.
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11 Sec. 6.07.((-1-14)) 120. permit not obtained.
a Any work which is commenced or performed prior to
;j obtaining the permit required by this chapter shall be
If immediately suspended and shall not recommence until the
ij requirements of this chapter have been fully satisfied.
Sec. 6.07.((348)) 130. Enforcement authority.
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The city engineer or construction engineer are
authorized and directed to act as the delegate of the director of
public works and to enforce all provisions of this chapter.
Sec. 6.07.140. Stop Work Order.
!, The director may issue a stop work order whenever a
continuing violation of this chapter will materially impair the
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director's ability to secure compliance or when a continuing
I, violation threatens the health or safety of the public
((see. 6-07-130. Vielatienp penal:ties.
j; ersen fi use- -- ; ty st of-
gIn aBseeiatien with a building,
r i 3 • i grading, er =---Fe�,--er--eause
the same o;
�9tei
{,ehapter shall, upen eenvietlen be deemed guilty of a„i sdemeanew ,
+{ Eaeh si eh persen shall be deemed guilty of a— separate —e€€ense €or
i.
I e€ any e€ the p --B of }r–this, ehapter is ee'mmitted— t a
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!I Sec. 6.07.150. violations penalties.
A. Civil. Any violation of any provision of this
jchapter constitutes a civil violation under Kent City Code
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Chapter 1.04 for which a monetary penalty may be assessed and
abatement may be reauired and/or otherwise enforced as provided
therein.
B. Criminal. In addition or as an alternative to any
other penalty provided in this chapter or by law, any person
violating the provisions of this chapter shall be deemed guilty
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H of a misdemeanor and, upon conviction thereof, shall be
punishable in accordance with the provisions of section 1.01.140
elating to criminal penalties for misdemeanors.
section 6. Severability. If any one or more sections,
subsections or sentences of this chapter are held to be
i? unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this chapter and the same
shall remain in full force and effect.
Section 7. Effective Date. This ordinance shall take
effect and be in force thirty (30) days from and after its
passage, approval and publication as provided by law.
, MAYOR rkj7Zoij
ATTEST:
BRENDA JACOBE ITY CLERK
a,
o'
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j; APPROVED AS TO FORM:
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PASSED the %� day of ��� , 1993.
APPROVED the day of CX , 1993.
PUBLISHED the aO2- day of , 1993.
I hereby certify that this is a true copy of
Ordinance No. 313 9 , passed by the City Council of the City
of Kent, Washington, and approved by the Mayor of the City of
Kent as hereon indicated.
(SEAL)
BRENDA JAC ER CITY CLERK
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signs2.ord
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