Chapter 12.10 OBSTRUCTING STREETS AND SIDEWALKS

Chapter 12.10
OBSTRUCTING STREETS AND SIDEWALKS

Sections:

12.10.010 Objects obstructing pedestrian use of sidewalks prohibited – Exceptions.

12.10.020 Objects obstructing use of streets and alleys prohibited.

12.10.010 Objects obstructing pedestrian use of sidewalks prohibited – Exceptions.

Except for objects placed by the city of Grandview, it is unlawful for any person, persons, firm, company or corporation to place any stick, pole, post, stone, box or any other article of whatsoever kind or character upon or across any of the sidewalks of the city in such a manner as to obstruct the free and unobstructed use of the sidewalks for pedestrians traveling or desiring to travel the same, except as provided as follows:

A. The city may allow charitable or nonprofit organizations to place flowerpots, benches, bicycle racks or other objects similarly intended to promote the public welfare or intended to beautify the city on the sidewalk or pedestrian right-of-way; provided, that such objects would not cause the city to violate the Americans with Disabilities Act.

B. Building owners or business owners are hereby permitted to use a portion of city sidewalks or cityowned pedestrian right-of-way abutting their building or business establishment in the central business overlay district zone of the city of Grandview subject to the following standards:

1. Usage shall be restricted to the area closest to the exterior wall of the business and shall be situated such that there is unobstructed pedestrian walkway meeting Americans with Disabilities Act requirements and standards between the usage area and the adjacent street. All usages permitted hereunder shall, at all times, leave a minimum of four feet of unobstructed sidewalk area between all other objects obstructing the sidewalk, including but not limited to light poles, garbage cans, and the front bumpers of any parked cars.

2. No usage shall be allowed which obstructs the entrance or exit of the building.

3. No usage will be allowed in the public street or in any public parking place.

4. Usage shall not obstruct vehicular traffic sight distance triangle requirements or be located within five feet of a wheelchair ramp.

5. Placement of signs in the pedestrian right-of-way or upon sidewalks is not allowed by this section. But if such signs are allowed by Chapter 15.16 GMC, then they shall comply with the provisions of this section.

6. Except as permitted by this subsection, retail sales of goods shall not be allowed on the sidewalk or pedestrian right-of-way. The owner or manager of a business upon abutting property making retail sales to the public may display on a public sidewalk goods or wares that are being offered for sale inside the business. Sidewalk displays are subject to rules of the public works director, and the following criteria:

a. The location of the sidewalk display shall not reduce or obstruct pedestrian passage on the sidewalk to less than four feet to the nearest street trees, utility poles, traffic control signs and devices, parking meters, fire hydrants, buildings, parked vehicles, and other similar devices and structures. Furthermore, such placement shall be consistent with any applicable standards established by the Americans with Disabilities Act and shall not obstruct vehicular traffic or parking or the use of any crosswalk, wheelchair ramp, bus or taxi zone.

b. The display must be as flush as reasonably possible against the building of the abutting property, must leave entrances and driveways clear, and may not extend more than four 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 must occur on the abutting privately owned property.

e. The display may not contain liquor, tobacco, firearms, munitions, or any article which a minor is prohibited by law from purchasing, or any material restricted by the fire code adopted by the city from direct access or handling by the public.

f. The display must be removed any time the public works director, chief of police, code enforcement officer, fire code official, or other city official determines that a clear sidewalk is needed and requests removal for use of travel or transportation, street cleaning or maintenance, street utility work, a crowd-control event or parade, or an emergency.

g. News racks, mailboxes, and drop boxes for delivery services are not subject to the restrictions in this subsection.

h. The city assumes no responsibility for the items on display, irrespective of whether the loss occurs through accident, collision, vandalism, theft or otherwise.

7. In consideration of the use of the sidewalk and pedestrian right-of-way as provided for in this section, all users agree to indemnify, defend, and hold harmless the city of Grandview from any and all liability occasioned by such use.

8. No person may operate a sidewalk cafe without a permit from the public works director as follows:

a. Permit Application. An applicant must provide the following before a sidewalk cafe permit can be issued:

i. The anticipated periods of use during the year and the proposed hours of daily use, including Saturdays, Sundays, and holidays;

ii. Whether any liquor, as defined in RCW 66.04.010, will be sold or consumed in the area to be covered by the permit;

iii. Procure and maintain liability insurance naming the city of Grandview as additional insureds in the amount of $1,000,000;

iv. Payment of an annual nonrefundable permit application fee in the amount of $50.00; and

v. Such permit shall be valid from the date issued and shall expire on December 31st of the year issued.

b. Terms and Conditions.

i. The public works 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 feet to the nearest street trees, utility poles, traffic control signs and devices, parking meters, fire hydrants, buildings, parked vehicles, and other similar devices and structures. Furthermore, such placement shall be consistent with any applicable standards established by the Americans with Disabilities Act and shall not obstruct vehicular traffic or parking or the use of any crosswalk, wheelchair ramp, bus or taxi zone; and

(C) The proposed sidewalk cafe area is included within a food service establishment permit issued by the applicable authorities.

ii. The public works director may include such terms and conditions in the permit as the public works 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 public works director or other appropriate city officer such as the chief of police or fire code official or their authorized representatives;

(D) A requirement that the applicant clear the sidewalk as may be necessary to accommodate deliveries to abutting or other nearby properties;

(E) Regulations upon lighting and illumination of the sidewalk cafe, limitations upon noise, and restrictions upon the placement of furniture or equipment used in connection with the sidewalk cafe;

(F) If the sidewalk cafe causes a change in pedestrian travel patterns, appropriate 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;

(G) Restoration of the sidewalk upon completion of the use.

iii. Unless expressly authorized by the public works director, no pavement shall be broken, no sidewalk surface disturbed, and no permanent fixture of any kind shall be installed in or on the sidewalk area in connection with a sidewalk cafe.

iv. The public works director may suspend or revoke the permission granted if an applicant violates this chapter, any implementing rules, the terms and conditions of the permit, or if permittee fails to regulate the conduct of his or her customers in such a manner that the sidewalk cafe interferes with adjacent businesses or the peaceful use and enjoyment of the immediate surrounding vicinity.

v. 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 and Cannabis Board, and not otherwise.

c. 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 clear the sidewalk area when ordered to do so by the public works director or other appropriate city officer such as the chief of police, fire code official or their authorized representatives.

9. The following items may not be placed on the sidewalk or pedestrian right-of-way:

a. Except for news racks, vending machines.

b. Except as permitted by Chapter 15.16 GMC, signs.

c. Any items which would constitute a nuisance under state law or under an ordinance of the city of Grandview.

d. Any item prohibited by state law or regulation from being visible to the public from a public right-of-way.

e. Any item which is defined as hazardous or as hazardous waste by state law or regulations.

f. Anything which is injurious to the public health.

10. The city may remove any object which is placed upon the pedestrian right-of-way or upon a sidewalk in violation of this section. The provisions of this section shall not be construed to provide owners of buildings or owners of businesses with any property right to use a portion of the sidewalk or the pedestrian right-of-way. The city of Grandview expressly reserves the right to amend this section to restrict the use of the sidewalk or the pedestrian right-of-way or to prohibit use of the sidewalk or pedestrian right-of-way allowed by this section. (Ord. 2019-12 § 1).

12.10.020 Objects obstructing use of streets and alleys prohibited.

It is unlawful for any person, persons, firms, companies or corporations to place any fence, stick, pole, post, box, glass, crockery, tin cans or any other substance of whatever kind or character in, on, across or through any of the public streets and alleys of the city in any way or manner to obstruct the free use of the streets and alleys for the purpose for which they were dedicated to the public. (Ord. 2019-12 § 1).

12.10.030 Violations – Penalties.

Violations of this chapter shall constitute a public nuisance and may be enforced pursuant to Chapter 15.72 GMC. (Ord. 2019-12 § 1).