HomeMy WebLinkAbout3471(Amending or Repealing Ordinances)
CONO=538 — Street Standards
Passed 8/17/1999
Street Use Permits (Amends Chapter 6.07 {Secs. 6.07.010-.210)
Amends Ords. 2286, 3138 & 3192
Readopting, re-enacting, ratifying & confirming rates & fees by Ord.
3534
Amended
by
Ord.
3713
(sec. 6.07.010 & 6.04.170)
Amended
by
Ord.
3819
(sec. 6.07.170)
Amended
by
Ord.
4019
(sec. 6.07.040;6.07.170)
ORDINANCE NO. 3 y 7 /
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 6.07 of the
Kent City Code entitled "Street Use Permits" by adding
subsections relating to street vending, sidewalk cafes, and
sidewalk displays upon public places within the City of
Kent, and by making other related amendments.
WHEREAS, there has been increased interest in the use of public places
in the City for the purpose of locating and operating street vending units, sidewalk cafes,
and sidewalk displays; and
WHEREAS, the City Council finds that it is desirable to allow these
types of uses on public places within the City if appropriately regulated so as not to create
a public nuisance or a public safety hazard; and
WHEREAS, in order to allow these types of uses on public places in a
manner that does not create a public nuisance or public safety hazard, it is appropriate
to amend the Kent City Code provisions relating to street uses; and
WHEREAS, the City Council finds it appropriate to define the post-
election period for removal of political signs in order to ensure a period of time between
elections when signs are to be removed in order to minimize confusion to voters of the
candidates and the office they seek; and
Street Use Permits
WHEREAS, the City Council also finds it appropriate to make other
related amendments to this code; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 6.07 of the Kent City Code is hereby
amended 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 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:
A. Abutting property means and includes property bordering upon and contiguous to
a public place.
B. Applicant means M person or entity gapplying for the issuance or renewal of a
street use permit or any person or entity that has been issued a street use permit.
C. 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.
D. Director means the director of public works of the city and/or his or her designee
including Kent city code enforcement officials.
E. Driveway means that portion of a public place which provides vehicular access
to abutting property through a depression in the constructed curb or, when there is no
constructed curb, that area in front of such abutting property as is well defined or that is
designated by authorized signs or markings.
2 Street Use Permits
F. Portable Ssign means a sign which is not permanently affixed to the ground or to
a building or structure and which may be easily moved.
G. Public place means and includes streets, avenues, ways, boulevards, drives,
places, alleys, sidewalks, planting (parking) strips, squares, triangles and other
rights-of-way 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.
H. Sidewalk cafe means a portion of a public sidewalk on which tables and chairs are
placed for the use of patrons while consuming food and/or beverages including liquor
as defined in RCW 66.04.010, served by a cafe, restaurant or tavern located on abutting
property.
I. Sidewalk display means a display of goods and wares on a public sidewalk for
retail sale to the public by the owner or manager of a business upon abutting property,
which products are being offered for sale inside the business.
J. Sidewalk vending unit or vending unit means a movable cart or similar device that
is operated from a fixed location on a public way from which food beverages (excluding
liquor), flowers, plants, and/or merchandise are provided to the public with or without
charge. The provisions of this chapter shall not apply to mobile caterers, generallX
defined as: person(s) engaged in the business of transporting food and beverages in motor
vehicles to residential, business and industrial establishments pursuant to prearranged
schedules, and dispensing items from the vehicles for retail sale to the personnel of such
establishments.
K. 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, identification, or informative purposes.
L. Special events means carnivals fairs festivals parades and other similar short-
term uses of public places.
3 Street Use Permits
M. Use means and includes, but is not limited to, the following types of uses: to
conduct a parade or other similar event upon any public place; to operate any sidewalk
display, caf6 or restaurant, or any food cart or other similar vending unit upon any public
place; 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, structure or
material, machinery or tools used or to be used in connection with the erection, alteration,
repair or painting of any building; 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 allow any vehicle to be upon that portion of roadway designated
as parking or curb space for purposes of selling or soliciting in addition to merely parking;
or to open, 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 and other such uses.
N. Vendinz means the commercial sale of food beverages (excluding liquor)
flowers, plants, and/or merchandise only from a sidewalk vending unit Lapon public ways
of the City of Kent. Vending does not include liquor as defined in RCW 66.04.010,
tobacco, firearms, munitions, or any article which a minor is prohibited by law from
purchasing, or any materials restricted by the fire code from direct access or handling by
the public.
Sec. 6.07.030. Permit required. 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 as required in this chapter and without complying with all the provisions of
this chapter.
See. Sec. 6.07.040. Construction and property
development.
4 Street Use Permits
A Generally. No person
shall be issued a project, building, grading, or fill permit without first obtaining a separate
street use permit from the department of public works except as follows:
1. An apphean application is made for a permit to make an addition,
alteration or repairs to a single-family residence;
2. An applie application is made 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.
3. The director determines, in his or her discretion, that the issuance of a
separate street use permit for each project, building, grading or fill permit is not necessary
to regulate the use on the public place.
B. Signs-. Moving of Structures. Prior to application and issuance of a street use
permit for any building or structure to be moved across along or upon M public1p ace
within the city and sited within the city, the applicant shall first obtain a building permit
for the siting of such building or structure.
Sec. 6.07.050. Signs. The following provisions shall apply to the placement of
signs on public places:
A.4-. No per -son shall plaee y publie plaee exeept as follows Signs may be
placed on a public place without a permit only as follows:
l .a: Portable signs. Portable signs as defined herein may be placed on a public
place without a permit upon the following conditions:
width of a
sidewalk or-
walkway to less than fetff (4) feet, or other
-wise impede the
stfeet, dr-ivewa�-,
highway,
or- alley.
a. The location of the sign shall not reduce or obstruct pedestrian
passage on the sidewalk to less than four (4) feet to the nearest street trees utility poles
traffic control signs and devices parking meters fire hydrants buildings and other similar
5 Street Use Permits
devices and structures. Furthermore such placement shall be consistent with anX
applicable standards established by the American with Disabilities Act and shall not
obstruct vehicular traffic or parking or the use of any crosswalk wheel chair ramp bus
or taxi zone.
(2)b. No portable signs shall be installed or placed upon power poles,
telephone poles, street light standards, sign posts, trees, traffic controllers, markers, on
any railing, bridge, overpass, street, crosswalk, public building or lawn or open area
surrounding any public building.
(3)c. No portable sign shall be insta4led in, of placed within twent�, (20)
ten 10 feet of a driveway, wheelchair ramp, crosswalk, or intersection or 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.
(4)4. Portable signs shall be installed so that the top of the sign does not
exceed an elevation of thirty-six (36) inches higher than the height of the sidewalk, bike
path or walkway. Where these improvements do not exist the thirty -six-inch height
limitation shall be measured from the highest edge of the street, alley or driveway.
(fie. Portable signs shall be constructed of weather -resistant wood,
metal or plastic. Canvas, cardboard and paper signs are prohibited.
(6)f Attachment of paper, plastic, balloons, or cardboard to a sign
entr-anee is not permitted if such attachment extends the approved height or width of the
sign.
(7)g. Portable signs shall not be weighted down, or otherwise attached
to public property in such a way as to resist impact by a traveling vehicle, bicycle or
pedestrian.
Q. 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 post-election removal within seven (7) days following the
6 Street Use Permits
date of the election for which the campaign signs were displayed. For general and
primary elections, it is a rebuttable presumption that the post-election period extends to
January 1" of the year of said election(s). after their- use
s3. Banners. Banners may be placed on a public place only by permit pursuant
to the provisions of this chapter.
d4. 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.
5. Removal. Owners of signs and banners displayed for temporary events
shall be responsible for their removal within seven (7) days following the last date of the
event or the activity for which the signs were displayed.
B. 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
interferes with the use of the public place.
Q Other uses. ejcpublie prepei-ty. 14 shall be unlawful fer anyone to use any publie
os,firststfeete peffflit from the
aiaa vvcvi, and,ithout eempl5ing with all the provisions of "s ehapter- in r-elatien ,
Sec. 6.07.060. Street Vendors. No person shall sell, offer for sale, solicit orders,
rent, lease, or otherwise peddle from a public place, using a mobile cart, using a vehicle,
or by any other mobile method without first obtaining a vending permit as follows:
A. Permit Application. In addition to the information required by this chapter, the
applicant must provide the following before a vending permit can be issued:
1. Submit the name and home and business addresses of the applicant, and
the name and address of the owner, if other than the applicant, of the vending business or
sidewalk vending unit to be used in the operation of the vending business.
7 Street Use Permits
2. Submit written approval for the vending by the abutting_propert
and/or street level tenant; if the tenant and property owner disagree, the property owner's
decision controls. The street level retail occupant of the abutting property shall have the
right of first refusal for a permit subject to the abutting properly owner's written approval.
3. Submit an accurate drawingshowing howing the public area to be used, along with
plans detailing the design and size of the vending unit to be used.
4. Procure and maintain liability insurance pursuant to Section 6.07.140(e),
naming the City of Kent and the abutting propertv owner as additional insureds in the
amount of five hundred thousand dollars ($500,000.00).
B. Location review. Upon receipt of an application for a permit or permit renewal,
the director shall review the location to determine if it is suitable for vending. In making
this determination, the director shall consider the following criteria:
1. A sidewalk vending unit is limited to one assigned location.
2. No ermit shall be issued for a location within ten (10) feet of a drivewa,
wheel chair ramp, bus stop sign, or crosswalk at any intersection or any location which
unreasonably interferes with the public's or City's use of the right-of-way. The location
of the vending unit shall not reduce or obstruct pedestrian passage on the sidewalk to less
than four (4) feet to the nearest street trees utility poles traffic control signs and devices
parking meters, fire hydrants, buildings and other similar devices and structures
3. The permit operating area must be within a commercial or industrial zone
as such are defined in the Kent Zoning Code.
4. No permit for a vendor shall be issued for a proposed vending site located
within two hundred (200) feet of an existing vendor or retail store in which the permit
applicant's product is the primary product of the existing vendor's site or retail store
without the written consent of said permitted vendor or retail store This distance
requirement shall not apply to applications for special events or festivals issued under a
Master Use Permit issued pursuant to Section 6.07. 100.
5. If a proposed vending site is located within two hundred (200) feet of a
park or public school, the vendor must present written consent of the city's director of
Street Use Permits
X all\o "LIU 1\L.a.1VauV11 VI UI%, 0L.11VV1 U1JL114.L, lC;bVKA4L1VGly, 11 a J11VL.1VSGU VG11U111Y� blLG 15
located within two hundred (200) feet of a private school, the vendor must present written
consent of the administrator or manager of the private school. This distance requirement
shall not apply to applications for special events or festivals issued under a Master Use
Permit issued pursuant to Section 6.07.100.
6. The use of vending devices must be compatible with and must not
unreasonably interfere with the public interest in use of the public ways as public rights-
of-may.
7. The location of the sidewalk vending unit shall not reduce or obstruct
pedestrian passage on the sidewalk to less than four (4) feet to the nearest street trees
utility poles, traffic control signs and devices, parking meters fire hydrants buildings and
other similar devices and structures. Furthermore, such placement shall be consistent with
any applicable standards established by the American with Disabilities Act and shall not
obstruct vehicular traffic or parking or the use of any crosswalk wheel chair ramp bus
or taxi zone.
8. No person or corporation shall either pay or accept payment for the written
consent required for issuance or continued operation of a sidewalk vendingpermit
9. In the event that two or more applications for the same location are
received, the earliest application, if approved shall be awarded the location
C. Health and safety standards.
1. Vendors of food and beverages shall comply with all standards established
by the Seattle-King County Health Department.
2. All sidewalk vending units in which food or beverage preparation occurs
shall be inspected and approved by the City Fire Department to assure compliance of any
cooking or heating apparatus with the following provisions:
At. Degp fat oil or wrease cooking processes gLmplo3ing heated liquid
shall be protected by a fire extinguishing system approved by the fire department
Processes involving heated fat oil grease or liquids other than water shall be shielded
from the public.
9 Street Use Permits
U. rlyurbbuJ miumny', llannnaylc mus, nquiu, or song rucis snail no[
be permitted, unless approved by the Fire Department. LPG containers shall be limited
to no more than five gallons capacity, and no more than one container per cart or vendor
displaL.
C. Storage of extra fuel is prohibited in the area of vending, or in any
buildings, except as permitted by the Fire Department.
d. Vendors using open -flame cooking where steaks, hamburgers,
sausages, hot dogs, or other products producing grease laden vapors are cooked shall not
be stationed beneath the awning or canopy of a building Exception may be made when
evidence is presented satisf nng the Fire Department that no special threat is imposed to
the building or awning by virtue of vendor location.
e. Pressure -cooking appliances shall be prohibited.
£ A 40B; C fire extinguisher is required in all vending carts using
open -flame cooking or cooking products producing grease laden vapors
D. Conditions. Any person with a valid vending license issued pursuant to this
chapter shall be subject to the following conditions:
1. All vendors must displgy, display,in a prominent and visible manner, the license
issued by the director under the provisions of this chapter.
2. Food and beverages sold must be capable of immediate consumption
3. The height of the vending unit, excluding canopies umbrellas or
transparent enclosures, which must be approved by the director, shall not exceed five (5)
feet and the vending unit must be capable of being pushed by one (1) person
4. The vending site must be clean and orderly at all times and the vendor
must provide a refuse container for use by patrons.
5. Soliciting or conducting business with persons in motor vehicles is
prohibited.
6. No merchandise shall be displayed using street furniture (planters street
lights trees trash containers etc) or placed upon the sidewalk In addition sales of
merchandise shall not be allowed from a vehicle. No use of any automatic coin -o erated
10 Street Use Permits
vending dispenser shall be allowed. Persons conducting a sidewalk business must use a
sidewalk vending unit.
7. Vendors shall not hinder use of Mj2hone booth, mailbox, parking meter,
fire alarm, fire hydrant (including automatic sprinklers or standpipe connections),
newspaper vending machine, waste receptacle, bench, transit stop, or traffic signal
controllers.
8. Vendors shall obey any lawful order from a police officer or Fire
Department official during an emergency or to avoid congestion or obstruction of the
sidewalk.
9. No vendor shall make loud noises or use mechanical audio or noise -
making devices or hawk to advertise his or her product.
10. No licensed sidewalk vending unit shall be left unattended on a sidewalk,
nor remain on the sidewalk between midnight and 6:00 a.m.
11. Utility service connections are not permitted, except electrical, when
provided by the owner of the abutting property. Electrical lines are not allowed overhead
or 1 nen in n the pedestrian portion of the sidewalk.
12. Signs, banners and/or streamers may be attached to the vending unit for
the purpose of advertising or identifying the vending unit subject to approval of the
abutting property owner (or representative oragent) and the director. As determined by
the director, such signs, banners, and/or streamers shall be situated so as to not
unreasonably obstruct views of neighboring property or create a public safety hazard
Sec. 6.07.070. Sidewalk Cafes. No person may operate a sidewalk cafe without
a permit from the director as follows:
A. Permit application. In addition to the information required by this chapter, an
applicant must provide the following before a sidewalk cafe permit can be issued:
1. The anticipated periods of use during the year and the proposed hours of
daily use, including Saturdays, Sundays, and holidays•
2. Whether any liquor, as defined in RCW 66.04.010 will be sold or
consumed in the area to be covered by the permit; and
11 Street Use Permits
3. Procure and maintain liability insurance pursuant to Section 6.07.140(e),
naming the City of Kent as additional insureds in the amount of one million dollars
($1,000,000.00).
B. Terms and conditions.
1. The director may issue a permit for use of a sidewalk for sidewalk cafe
purposes in the event and to the extent that he or she determines that:
a. The applicant is the owner or occupant of the abutting property and
operates a cafe, restaurant, or tavern thereon;
b. The location of the sidewalk cafe shall not reduce or obstruct
pedestrian passage on the sidewalk to less than four (4) feet to the nearest street trees
utility.poles, traffic control signs and devices, parking meters fire hydrants buildings and
other similar devices and structures. Furthermore, such placement shall be consistent with
any applicable standards established by the American with Disabilities Act and shall not
obstruct vehicular traffic or parking or the use of any crosswalk wheel chair ramp bus
or taxi zone; and
C. The proposed sidewalk cafe area is included within a food -service
establishment permit issued by the Seattle -King County Health Department or has
otherwise been authorized by said department.
2. The director may include such terms and conditions in the permit as the
director may deem appropriate, including but not limited to:
a. Restrictions as to the number and placement of tables and chairs
and as to the hours and dates of use;
b. A requirement that the area be cleared when not in use as a
sidewalk cafe, or upon the order of the director or other appropriate city officer such as
the Chief of Police or Fire Chief or their authorized representatives*,
C. Provisions that the permittees shall maintain the sidewalk in a
clean and safe condition for pedestrian travel;
d. A requirement that the Lapplicant clear the sidewalk as mgy be
necessary to accommodate deliveries to abutting or other nearby properties;
12 Street Use Permits
e. Regulations upon lighting and illumination of the sidewalk caf6,
limitations upon noise, and restrictions upon the placement of furniture or equipment used
in connection with the sidewalk cafe;
f. The posting_ of a surety bond or establishment of an escrow
account in accordance with the provisions of this chapter;
� If the sidewalk cafe causes a change in pedestrian travel patterns,
gp�ropriate modifications to the sidewalk in the immediate vicinity in order to
accommodate the change or to assure compliance with the Federal Americans with
Disabilities Act;
h. Restoration of the sidewalk upon completion of the use.
3. Unless expressly authorized by the director, no pavement shall be broken,
no sidewalk surface disturbed, and no permanent fixture of any kind shall be installed in
or on sidewalk area in connection with a sidewalk cafe.
4. The director may supend or revoke the permission granted if an applicant
violates this chapter, M i plementing rules, or the terms and conditions of the permit.
C. Liquor. Liquor, as defined in RCW 66.04.010, as now existing or hereinafter
amended, may be used and sold at a sidewalk cafe when authorized in both the use permit
and provided for in this chapter and by permit of the Washington State Liquor Control
Board, and not otherwise.
D. Sidewalk condition. The applicant shall comply with the terms and conditions of
the sidewalk cafe permit issued, shall maintain the sidewalk in a clean and safe condition
for pedestrian travel, and shall immediately clear the sidewalk area when ordered to do
so by the director or other appropriate City officer such as the Chief of Police, Fire Chief
or their authorized representatives.
See. 6.07.080. Sidewalk displays. The owner or manager of a business upon
abutting_ property making retail sales to the public may, without a permit, displace
public sidewalk goods or wares that are being offered for sale inside the business.
Sidewalk displays are subject to rules of the director, and the following criteria:
13 Street Use Permits
A. The location of the sidewalk display shall not reduce or obstruct pedestrian
passage on the sidewalk to less than four (4) feet to the nearest street trees, utility poles,
traffic control signs and devices, parking meters, fire hydrants, buildings, and other
similar devices and structures. Furthermore, such placement shall be consistent with any
gpplicable standards established by the American with Disabilities Act and shall not
obstruct vehicular traffic or parking or the use of any crosswalk, wheel chair ramp, bus
or taxi zone.
B. The display must be flush against the building of the abutting property, must leave
entrances and driveways clear, and may not extend more than three (3) feet into the
sidewalk.
C. The display must be removed during those hours that the business is closed. If the
display is in place before sunrise or after sunset, the display must be lighted and readily
visible to passing pedestrians on the sidewalk.
D. Sales of goods or merchandise displayed must occur on the abutting_ privately
owned property
E. The display may not contain liquor, tobacco, firearms, munitions, or any
which a minor is prohibited by law from purchasing or any material restricted by the Fire
Code from direct access or handling by the public.
F. The display must be removed any time the director, Chief of Police, or Fire Chief
determines that a clear sidewalk is needed and requets removal for use of travel or
transportation, street cleaning or maintenance, street utility work, a crowd control event
or parade, or an emergency.
G. The city assumes no responsibility for the items on display, irrespective of whether
the loss occurs through accident, collision, vandalism, theft or otherwise.
Sec. 6.07.090. Street closures.
A.4-. 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.
14 Street Use Permits
B.2-. The director may issue a permit for closure of such street or road if such closure
is consistent with the general health, safety and welfare of the citizens. The director 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:
l.a The execution of a written agreement regulating access to the street by
emergency vehicles and local residents during the closure.
2.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 harfaless agfeement an indemnity agreement and/or deposit as set
forth in subsections 6..07.060 6.07.140 and 6.07.150 below.
3.E Use of city -approved signs and barricades for the closure.
Sec. 6.07.100. Master use permit. The director may issue a master use permit
for special events and other instances involving ultiple uses and/or users under this
chapter. In such case, the director shall have the discretion to determine the amount of
insurance that will be required depending on the risks associated with the level of uses
under the permit. The director shall also have the discretion to modify the conditions of
this chapter for the use(s) applied for as deemed appropriate in order to consolidate uses
or accommodate multiple users under a master use permit.
Sec. 6.07.110. City development or use; exemptions. The requirements of
this chapter shall not apply to:
A.4-. Street, drainage, water or sewer maintenance work performed by the city,
including street, drainage, water or 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.
B. 2L. The city initiated closure of any highway, street or road.
Sec. 6.07.040:120. Permit application. To obtain a permit under this chapter, the
person shall file an application on a form furnished by the city for that purpose. Every
application shall, where applicable:
15 Street Use Permits
A.4-. Identify the property by legal description and address for which a building, gradi
or- €rll permit is being sought or an accurate description of the public place or portion
thereof desired to be used.
B. 2L. Provide the use desired to be made of such public place by the applicant.
C.-5 Identify the owner of the property abutting the public place for which the permit
is sought ed-.
D. For construction and property development, to the extent required by the director:
1.-3-. Provide 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.
work.
2.4. Identify routes to be utilized to and from the property.
3.6: Identify the contractor and subcontractor responsible for the development
4.7L. Include the state contractor's number of such contractor or subcontractor.
5.8: Include the city business license number of such contractor or
subcontractor.
6.4-0: Include a copy of any building permit as required in section 6.07.050 QLQ
below for any building or structure to be moved across, along or upon any public place,
pursuant to a permit issued herein, and sited within the city.
E. Provide other information as required to the director.
F.- Be signed by the owner or the agent of the applicant. fifm who will be aetu lly
responsible for- the development wofl.&.
Sec. 6.07.0130. Processing of applications.
A. The director shall examine each application submitted to determine if it complies
with the provisions of this chapter. The director may also submit the application to other
cityddepartments such as the fire, police, and planning_ departments for review and
comment. 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.
16 Street Use Permits
B. If after review of the application the director finds that the application presented
to him or her 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
or unduly interfere or compete with adjaeent uses on abutting public or private property
or otherwise constitute a threat to the health, safety and welfare of the public, then Beer
she the director may approve such application.
te be moved aer-ess, along or- upen any publie plaee within the eity and sited withiii
eity, the applieant shall first obtain a building peFmit fer- the siting of sueh building eT
Sec. 6.07.86.140. Indemnity deposit; surety bond; liability insurance.
A. ,
damage er- expense
' , the The applicant
shall provide a cash indemnity deposit to the depaftmepA ef publie we city unless the
director determines that there is not a probability of injury, damage or expense to the city
arising from an applicant's proposed use of M public place. 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 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 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 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 shall be paid for by the applicant, or deducted from his indemnity deposit.
17 Street Use Permits
B. In lieu of or in addition to the cash indemnity deposit, the The director may
require, ' , the applicant to file with
the public works department 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-.(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 shall be
conditioned such that the applicant shall faithfully comply with all the terms of the permit,
all the provisions of this chapter, and 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 public works 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 of 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 and
specifications of the city, and the specific plans for the work as approved by the city
engineer.
D. 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.
E. Subject to other requirements for insurance set forth in this chapter, theme
director may require an applicant to procure and maintain in full force and effect public
liability insurance naming the City of Kent, in an amount sufficient to cover potential
claims for bodily injury, death or disability., and fe property damage., and when
appropriate, as determined by the director, products and/or completed operations which
may arise from or in connection with the permit. The director shall establish the amount
of such insurance, and a certificate of insurance ^epy of the peli y shall be provided to
the city for review prior to issuance of the permit.
18 Street Use Permits
F. The director has the discretion to require one (1) or any combination of the above
requirements prior to issuance of a permit as the director deems appropriate, considering
the use proposed by the applicant, in order to reasonably protect the city's interests and the
health, safety and welfare of the public.
Sec. 6.07.0:150. Indemnity agreement. The applicant shall be required to
execute a written agreement supplied by the city attorney to forever hold and save the city
free and harmless from any and all claims, actions or 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. In addition, such agreement shall contain a provision that the permit is
wholly of a temporary nature, that it vests no permanent right whatsoever, and that
pursuant to the provisions of this chapter, that the permit may be revoked without cause
upon thigy (30) dgys' notice or without such notice, in the event the permitted use shall
become dangerous or unsafe or is not being operated in accordance with the provisions
of this title, the same mU be suspended or revoked.
See. 6.07.959:160. Permit issuance, expiration, and renewal.
A. Every permit issued under this chapter shall be issued conditioned upon and
subject to the right of the city to restrict, suspend, or revoke the permit as provided in
section 6.07.180 below.
B. Every permit issued by the depaFtmei4 of publie we director under provisions
of this chapter Ssection 6.07.040 shall expire in accordance with 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 twelve (12) months from date of issuance.
C. Permits issued for special events or occurrences, such as festivals or street
closures, shall expire on the date established by the director as the ending date of the event
or occurrence.
D. All other permits issued pursuant to this chapter, except those permits for which
a shorter term is herein specified, shall be effective as of the first day of the month of
19 Street Use Permits
issuance, regardless of the actual date of issue, and shall expire twelve (12) months from
the effective date thereof, unless sooner revoked in the manner provided in this chapter.
E. Unless suspended, revoked or denied as provided in this chapter, and subject to
a location review as set forth in this section, all permits issued pursuant to the provisions
of this chapter may be renewed on or before the date of expiration of such permit, upon
payment for the ensuing term of the established fee, minus the application charge. A
vendor renewing a permit for a business that has changed the size of the vending area or
location, or who has added heating or cooking apparatus since the last application/renewal
must follow requirements for a new application.
F. Street use permits are not transferable.
Sec. 6.07.44W.170. Permit and inspection fees.
A. The basic fee for a street use permit shall be as follows: under- subse
6.07.030A above shall be fifty dollars ($50.09). The basie fee fef a stFeet use peffait und
subseetiens 6.07.030 B., G. and D. above shall be twenty five dellar-s ($25. 8
1. Sec. 6.07.040. Construction and Property Development: fifty dollars
50 .
2. Sec. 6.07.060. Street Vendors: one hundred dollars ($100) per year.
Permits are issued annually.
3. Sec. 6.07.070. Sidewalk Cafes: one hundred dollars ($100) per
Permits are issued annually.
4. Sec. 6.07.090. Street Closures: fifty dollars ($50).
5. Sec. 6.07.100. Master Use Permit: one hundred dollars ($100).
B. Where total inspection time exceeds two (2) hours., an extra charge shall be
invoiced to the applicant at a rate ,. ftwepAy dollars ($-20 .00) rof,,,.,,. an hourly rate to be
established annually by the director.
20 Street Use Permits
Sec. 6.07.99.180. Speeial eonditions,
. Director's decision to deny, revoke, suspend, or restrict.
A. Pursuant to the provisions of this chapter, the director shall have the power and
authorily to deny the issuance or renewal of any permit applied for or to revoke, suspend,
or otherwise restrict any permit issued under this chapter. The director shall notify such
applicant or permittee in writing, by mail or personal delivery, of the denial of a permit
application or the suspension or revocation of an existing permit and the grounds therefor.
B. The issuance of a permit for use on a public wa is 's subject to the use and needs
of the city and the general public, whether such needs are tempor , or permanent and for
public or private purposes i.e., utility construction work in public way by private service
provider), and is a grant of a temporary revocable privilege to use a portion of the public
way to serve and benefit the general public. The applicant shall have the burden to prove
that any proposed use will enhance and further the public interest consistent and not in
conflict with the use of the public way by the general public and the city for other
authorized uses and activities. All permits granted under the provisions of this chapter
may be restricted, suspended, or revoked without compensation by the director, upon
thirty Q0) days' prior notice when the use and needs of the city and general public are
paramount to the applicant's use or the applicant's use does not enhance and further the
public interest or is in conflict with the use of the public way. The director shall have the
discretion to determine priorities of conflicting uses of public places or may deny any or
all such uses or proposed uses.
B, The dir-eeter- of publie. wer-ks or- designme may in writing suspend or- r-eveke
,-,,�.;tissuedhereunder- ..,L,e„ever- tt, t 1 t1, b f
ret- �,
C. Any permit issued under this chapter may be suspended or revoked immediately
based on one or more of the following_ grounds:
1. Any other license or permit issued pursuant to this chapter has been
suspended, revoked, or cancelled.
21 Street Use Permits
2. The applicant has violated or failed to meet any of the provisions of this
chapter or is in violation of any other ordinances or regulation of the City relatingto o the
it is applied for or issued.
3. The applicant does not currently have in effect an insurance policyin n the
minimum amount as specified in
4. The permit was procured by fraud or misrepresentation of fact or was
to the Ci
5. The abutting property owner or legal representative withdraws consent in
for a sidewalk vending unit.
6. Health Department authorization for the sidewalk food or beverage
7. A sidewalk vending unit is not used within ningty (90) days of its issuance.
8. The applicant's use is creating a health or safety hazard or constitutes a
)ublic nuisance.
D. For permits issued for construction and pMgrty development, the following shall
1. Streets/Storm Drains. The applicant shall continuously keep the streets
storm drain system free from all debris attributed to the work performed under the
ve building, grading, or fill permit. If this is violated, the director �s
may, without advance notice and by posting the work site, suspend or revoke
permit issued. No new permit will be issued or the suspension lifted until the conditions
this section have been met. Where the director determines
no immediate action has taken place to remedy the conditions or to obtain pef
Hance with the conditions of this section is abe eee, and the director of publie
determines in his or her judgment that it is in the best interest of the
that immediate action should be taken, he the director can order the work done by city
or other forces. The cost thereof shall be deducted from the indemnity fund at the
cost plus fifteen (15) percent.
22 Street Use Permits
4. 1 G///LLL IT V& VVLUL/bG1.L. lMiLy VVV111 VVlln"LjL La VV111111V11VVLL VL UV11VllllVll j.111V1
to obtaining the permit required by this chapter shall be immediately suspended and shall
not recommence until the requirements of this chapter have been fully satisfied.
3. Stop Work Order. In addition to any remedy provided for in this chapter,
the director may issue a stop work order whenever a continuing violation of this section
will materiallypair the director's ability to secure compliance, or when a continuing
violation threatens the health or safety of the public.
Sec. 6.07.190 - Appeals. Upon denial of issuance or renewal, or revocation,
suspension or restriction of a permit, notice of such action shall be delivered, in writing,
to the applicant by personal service or certified mail at the address specified by the
licensee in the application. Any person aggrieved by the action of the director on a permit
may within ten (10) days after notice of said action appeal to the hearing examiner by
filing with the hearing examiner a written notice of the appeal, clearlysg the gra
on which the appeal is based. The appeal before the hearing examiner will be processed
and heard pursuant to Chapter 2.32 of the Kent City Code. The decision of the hearing
examiner shall be final and conclusive unless appealed to the superior court within
twenty-one (21) days of the date of the hearing examiner's decision. If appeal is taken as
herein prescribed, a suspension or revocation of a permit shall be staved, except for a
health, fire, or other public safety violation, pending final action by the hearing examiner.
See: 6.07.1=0. Double fee €OF work without -perrtdt. Whenever- work for- h eh
a pefmit is required by this ehaptef i - -- - -d or- per-fefmed prior- to obtaining
pefmit, the basie pefmit fee shall be doubled. The pa�ment for- sueh double fee shall fie4
r-elieve afty per -son ftem fell eemplianee with A ef the requir-ements of this ehapter- in t
„t;,,,., e f the , or -k or- f.ef ., oti,e,. penalties ,, h ei, ,lie provided for- t1.;
�/1VV,A L1 V11 Vl L11V YY Vlll Vl 11
ehapteripenalties,
See. 6.07.120. --Permit not obed. Any . er-k ,. -hieh is eenunenced or
per-foFmed prior- to obtaining the pefmit r-equir-ed by this ehapter- shall be kmnedia4ely
suspended and shall not rveommenee un4il the r-eqttir-ements of this ehapter- have b
full„ satisfied,
23 Street Use Permits
See. 6:07.110Enforeement RUthffity.The •c-crity -vn nstfuetien
authorized and difeeted to aet as the delega4e of the dir-eetef of publie we
,,.1 to enfer-ee all provisions of this . hapte«
See. 6.07.140. Stop work OFder-. The dir-eeter- may issue a stop work orde
whenever u vvaua«uiagyiel.tief e f this ehapto,will .,to,iall , impair- the dir-eete -is ability
to seetffe 7
Sec. 6.07.200. Administrative policies. The director may establish
administrative policies deemed appropriate to implement the provisions of this chapter.
Sec. 6.07.1-50:210. Violation; penalties.
A. Civil. Any violation of any provision of this chapter constitutes a civil violation
under Kent City Code ehaptef Ch. 1.04 KCC for which a monetary penalty may be
assessed and abatement may be required 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 of a misdemeanor and, upon conviction thereof, shall be subject to a fine not to
exceed the sum of one thousand ($1,000) dollars or imprisonment for a period not to
exceed ninety (90) days, or both such fine or imprisonment.
SECTION 2. - Severability. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall
affect the validity of the remaining portion of this Ordinance and the same shall
in full force and effect.
SECTION 3. - Effective Date. This Ordinance shall take effect and be in
thirty (30) days from the time of its final approval and passage as provided by law.
24 Street Use Permits
ATTEST:
C
BRENDA JACOBER, IT
APPROVED AS TO FORM:
GER A. LUBOVICH, C1�
CLERK ------
ATTORNEY __-
ATTORNEY
PASSED: 17 day of '1999.
APPROVED: /7 day of '1999.
PUBLISHED: a-0 day ofgiva '1999.
I hereby certify that this is a true copy of Ordinance No. 3�f 71 , 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 JA !�A,CITY CLERK
P \LAMORDINAN0VENDOR ORD
25 Street Use Permits