Chapter 12.24
STREET USE
Sections:
12.24.020 Exercise of police power.
12.24.045 Burlington Hill Business Park.
12.24.050 Permit – Application – Contents.
12.24.060 Permit – Application – Processing.
12.24.080 Permit – Revocation.
12.24.110 Agreement to save city harmless.
12.24.120 Right to prosecute in civil action.
12.24.130 Violation declared misdemeanor.
12.24.010 Title.
This chapter shall constitute the street ordinance of the city and may be referred to as such. (Ord. 917 § 1, 1978).
12.24.020 Exercise of police power.
This chapter is declared to be an exercise of police power of the city for the public safety, health and welfare, and its provisions shall be liberally construed to the accomplishment of that purpose. (Ord. 917 § 2, 1978).
12.24.030 Definitions.
A. “Public place” means and includes streets, avenues, ways, boulevards, drives, places, alleys, sidewalks, planting (parking) strips, squares, triangles and right-of-way open to the use of the public in the space above or beneath the surface of the same.
B. “Use” means and includes to construct, store, erect, place upon or maintain, upon, over or under any public place any staging, scaffolding, elevator, loading ramp or dock, building, or any other structure, or to use or occupy any public place for the storage or placement of any material, equipment or thing. (Ord. 917 § 4, 1978).
12.24.040 Permit – Required.
A written permit may be required from the city to ensure compliance with all the provisions of this chapter and those specific provisions addressed in the permit for the respective public place; provided, that nothing contained in this chapter shall apply to street construction and/or maintenance, utility construction and/or maintenance performed by the city or its authorized agents, and street excavation performed under chapter 12.12 BMC, relating to the opening and excavation of streets. (Ord. 1799 § 17, 2014; Ord. 1527, 2003; Ord. 917 § 5, 1978).
12.24.045 Burlington Hill Business Park.
Applicants requesting the use of those public places within the area known as Burlington Hill Business Park that front and are adjacent to Old Highway 99 shall have the following:
A. The public place that is requested by the applicant will include the entire useable area located within the parameters of this policy.
B. The area of display shall be limited to the following setbacks:
1. Displayed merchandise may not be parked within 25 feet of the center line of Old Highway 99.
2. Displayed merchandise may not be parked within 100 feet of either side of the street curb of Walton Street or North Hill Blvd.
3. Displayed merchandise shall not be parked within 50 feet of adjoining property lines unless the adjoining property is owned or leased by the same party. Exception: There shall be a 100-foot setback from the southern east-west property line of Lot 7.
4. The city shall place markers that clearly designate the boundaries of the public places permitted in the Burlington Hill Business Park.
C. There shall be overnight parking in the public space fronting Burlington Hill Business Park Lots 1, 2, 4, 5 and 6.
D. There shall be no overnight parking in the public space fronting Burlington Hill Business Park Lots 7, 8, 9, 10 and 16.
E. There shall be no parking on the walking/bike path.
F. No structures of any kind shall be permitted in the public place.
G. This area will be used for display purposes only in compliance with city codes.
H. The entire public place fronting their property shall be mowed, maintained and free of garbage and weeds.
I. Any agent of the city can require removal of displayed merchandise immediately if it should be determined to be a traffic or safety hazard to the public. (Ord. 1799 § 18, 2014; Ord. 1527, 2003).
12.24.050 Permit – Application – Contents.
Application for permits provided for in this chapter shall be filed with the city public works director upon a form supplied by the city public works department. Such application shall be directed to the public works department and 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;
C. The plans and specifications for any utility or structure desired to be constructed, erected or maintained by the applicant. (Ord. 1527, 2003; Ord. 917 § 6, 1978).
12.24.060 Permit – Application – Processing.
A. The city public works director shall examine each application to determine if it complies with the provisions of this chapter.
B. The city public works director or designee may inspect the premises which are desired to be used in order to ascertain any facts which may aid in determining whether a permit should be granted, and shall endorse his findings in such application.
C. The application shall then be submitted to the city council for consideration. Final approval of the permit shall be by the city council; provided, that the proposed use of such public place will not unduly interfere with the rights of the public or create a public safety hazard or nuisance. The city council may seek recommendations and comments from the planning commission.
D. If the application is approved, the time for which the permit may be granted shall be fixed and the city public works director shall be directed to issue the permit upon the applicant’s compliance with the provisions of this chapter relative to indemnity. (Ord. 1527, 2003; Ord. 917 § 7, 1978).
12.24.070 Permit – Fees.
The city public works director is authorized and 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. Any such schedule, when approved by the city council by resolution shall govern the amount of the fee for any such permit. The fee shall be paid on an annual basis. In the event the fee is not paid by the applicant, the permit shall be revoked. (Ord. 1527, 2003; Ord. 917 § 11, 1978).
12.24.080 Permit – Revocation.
All permits granted under the provisions of this chapter for the use of any public place shall be wholly of a temporary nature, shall vest no permanent right, and when issued it may in any case be revoked by the city upon 30 days’ written notice, or immediately without written notice in case such use or occupation shall become dangerous or any structure or obstruction permitted shall become insecure or unsafe, or shall not be constructed, maintained or used in accordance with the provisions of the permit and this chapter. (Ord. 1527, 2003; Ord. 917 § 10, 1978).
12.24.090 Termination of use.
In the event that a permit is not renewed, or in the event a permit is revoked, if the permittee fails to discontinue and/or remove the use within 60 days of the termination date of the permit, then the use may be enjoined by the city and any structures shall be removed by the city at the expense of the permittee. (Ord. 1527, 2003; Ord. 917 § 12, 1978).
12.24.100 Indemnity deposit.
A. In the event that the city public works director, city administrator or the city council determines that there is a possibility of injury, damage or expense to the city arising from an applicant’s proposed use of any public place, the applicant shall deposit with the city clerk-treasurer a cash indemnity deposit, the amount to be determined by the city administrator or the city council as the case may be at the time of approving the application. Such indemnity deposit shall be used to pay the cost, plus 15 percent thereof, of inspections, surveys, plans and other services performed by the city, 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 an indemnity agreement, 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. In the event any studies are required prior to the issuance of a permit, the cost of such studies shall be paid for by the applicant.
B. The applicant, in lieu of or in addition to the cash indemnity deposit, may, as approved by the city administrator, file with the city a surety bond, which bond shall assume all the requirements provided in subsection A of this section in relation to a cash indemnity deposit, shall run for the full period of the permit, shall be in an amount to be fixed by the city, and conditioned that such applicant shall faithfully comply with all the terms of said permit and all the provisions of this chapter, and all other ordinances of the city, and indemnify 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 any public place, as provided for in the application. (Ord. 1527, 2003; Ord. 917 § 8, 1978).
12.24.110 Agreement to save city harmless.
The owner of the premises in front of which, and in connection with which, a public way is going to be used, shall execute and deliver to the city public works department upon a form provided by the city public works department, an agreement in writing signed and acknowledged by such owners and by any existing lessee wherein they agree to save the city free and harmless and agree to indemnify the city, its elected and/or appointed officials, employees and/or agents from any and all claims, actions or damages of every kind and description which may accrue to, or be suffered by, any person by the use of such public place, or by the construction, existence or maintenance or use of such structure. No permit shall be issued until such agreement is signed and delivered to the city public works department. In addition, such agreement shall contain a provision setting forth the terms of BMC 12.24.080. (Ord. 1527, 2003; Ord. 917 § 9, 1978).
12.24.120 Right to prosecute in civil action.
Nothing in this chapter shall be construed to curtail or abridge the right of 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, nor shall the issuance of a permit under the provisions of this chapter be construed as relieving the persons accepting the same, or anyone, from liability caused by the occupation, obstruction of or encroachment on, any public place. (Ord. 1527, 2003; Ord. 917 § 3, 1978).
12.24.130 Violation declared misdemeanor.
Anyone who violates or fails to comply with any of the provisions of this chapter, or who fails to remove any obstruction or discontinue use or occupancy of any public place when ordered to do so by the city, under authority of this chapter, is, upon conviction, guilty of a misdemeanor. (Ord. 1527, 2003; Ord. 917 § 14, 1978).