Chapter 12.12 RIGHT-OF-WAY USE

Chapter 12.12
RIGHT-OF-WAY USE

Sections:

12.12.010 Right-of-way use permit – When required – Nature.

A. A right-of-way use permit is required for any use or occupancy of a public way, or street or alley right-of-way that substantially interferes with the free and open use thereof by the public. This rule includes single or community mailboxes or mail receptacles and applies whether or not the way in question has been built on or improved by the City or any utility franchisee of the City.

B. A right-of-way use permit is not required for the following persons, activities or occupancies:

1. The City or any contractor engaged by the City for any street or municipal utility construction, maintenance, repair or expansion project(s);

2. Persons holding a current license for public way, or street or alley right-of-way activities, occupancies or obstructions separately licensed by the City;

3. Persons holding current franchises for power, telephone, natural gas, or CATV;

4. Displays of merchandise or portable advertising signs placed by an abutting business and conforming to all other provisions of this code and relevant City policies;

5. The planting or maintenance of decorative vegetation, including street trees; provided, that the vegetation conforms with all other provisions of this code; provided further, that vegetation in the public ways is subject to removal at any time by order of the City without liability to the abutting property owner(s) or owner(s) of the vegetation, at the expense of the owner(s); and

6. Activities or occupancies found by the City Council to be so trivial or temporary as to not justify the expense of the issuance of a permit.

C. A current right-of-way permit entitles the permit holder to the exclusive use, occupancy, or obstruction of the designated public way, or street or alley right-of-way, all as outlined in the permit application and the conditions imposed by the City, except that this provision shall not apply to the City or any utility franchisee of the City making any inspections, repairs or surveys thereon.

D. Except for mailboxes or mail receptacles, a right-of-way permit does not entitle the permit holder to erect or establish any use or structure upon the designated public way, street or alley right-of-way of other than a removable or temporary nature, or to remove soil or gravel therefrom, or to substantially change the grade thereof.

E. A right-of-way permit is personal to the applicant and is not transferable. The City Council may issue a right-of-way permit indefinitely, for a term of years, or until the occurrence of a stated event or condition.

F. Upon the termination, revocation or expiration of the permit, the permit holder shall remove all improvements, structures or other obstructions and shall restore the right-of-way to its original condition.

G. Streetside mailboxes or mail receptacles are prohibited in the commercial zoning district. In addition to securing all relevant information and requirements from the United States Postal Service, applicants should abide the following guidelines:

1. No mailbox or mail receptacle should be situated or designed to interfere with or render hazardous the passage of vehicular or pedestrian traffic, with visibility for traffic entering or leaving the public way, with the existence, repair, maintenance or access to any City utility or the utility of any City franchisee; and

2. No hole or excavation should be dug for a mailbox or mail receptacle installation or repair without first obtaining City and City franchisee utility location services. [Ord. 609 § 1, 2003; Ord. 367 § 1, 1988.]

12.12.020 Application for permit – Fee.

A. Right-of-way use permits may be issued on filing of a complete written application, the execution of a waiver and hold harmless agreement, and the payment of the fee scheduled in the City’s current master fee schedule adopted by resolution of the City Council. The application shall be made on a form provided by the City and shall require submission of at least the following information or items:

1. The name(s), spouse(s) and address(es) of the applicant(s), and each registered agent, officer, director or partner of any association, corporation or partnership applicant;

2. A specific description of the applicant’s intended use of, activity on, or obstruction or occupancy of the public way, or street or alley right-of-way of the City;

3. A specific description of the public way, street or alley right-of-way to be used, occupied or obstructed;

4. Where the applicant is not the owner of the property abutting the half of the public way, or street or alley right-of-way to be used, occupied or obstructed, the written permission of all the owners of the abutting property.

B. The City Council may at any time, as a condition of the issuance or continued effectiveness of the permit, impose or modify any conditions it deems reasonable and necessary for the protection of the public or the safe and efficient operation of the City.

C. Right-of-way use permit fees shall be set by resolution of the City Council based on any factors deemed relevant by the City Council including, by way of example, the location or area to be used, occupied or obstructed and/or the length of time of the use.

D. If any City fund will be subject to additional costs or expenses as a result of the activities, etc., conducted by virtue of the right-of-way permit, such fund must be fully reimbursed therefor or the applicant must make satisfactory provision for such reimbursement. Such costs may include, by way of example:

1. Additional utility costs or expenses;

2. Garbage, solid waste, or litter disposal; or

3. Restoration to original condition, or access to municipal utilities or facilities. [Ord. 842 § 2, 2023; Ord. 501 § 3, 1996; Ord. 367 § 1, 1988.]

12.12.030 Revocation of permit.

Permits issued under this chapter may be revoked or modified by the City Council whenever:

A. The public way, or street or alley right-of-way which is the subject of a permit, or any part thereof, is to be improved by the City in a manner inconsistent with the permitted use, occupancy or obstruction;

B. The permit holder is found, at a public meeting of the City Council, not to have conformed with any one or more of the required conditions for the permit, including by way of example any attempt to transfer the permit or to make use of the designated right-of-way in a manner beyond or inconsistent with that applied for or permitted;

C. An abutting property owner at any time withdraws or denies permission; or

D. The permit holder is found, at a public meeting of the City Council, to have made any false or misleading statement on the application or to have failed to pay the required fee when due. [Ord. 367 § 1, 1988.]

12.12.040 Prohibited acts.

It is unlawful to:

A. Make or engage in any use of, activity on, or occupancy or obstruction of any public way, or street or alley right-of-way without a current right-of-way use permit when one is required by EMC 12.12.010;

B. Continue any use of, activity on, or occupancy or obstruction of any public way, or street or alley right-of-way after a permit therefor has been revoked or has by its terms expired; or

C. Violate any permit conditions imposed by the City Council. Violation of this section is a Class B misdemeanor. [Ord. 367 § 1, 1988.]

12.12.050 Intent of chapter.

A. It is the express intent and purpose of this chapter to provide for and promote the health, safety and welfare of the general public, and not to create or designate any particular class of persons who will or should be specially protected hereby.

B. It is the further intent of this chapter to place the obligation of complying with its requirements on the applicant(s) and permit holder(s), and no provision hereof is intended to impose any duty whatsoever on the City or any of its officials. The implementation and enforcement of this chapter is declared to be a discretionary and not a mandatory function.

C. Nothing contained in this chapter is intended to be, nor shall be construed to create the basis for any liability on the part of the City or its officials for any injury or damage resulting from the failure of an applicant or permit holder 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 or its officials. [Ord. 367 § 1, 1988.]