Chapter 12.11
STREET USE PERMITS – STREET PAINTING ALL DISTRICTS
Sections:
12.11.020 Applicability – Permit required.
12.11.030 Street painting permit approval.
12.11.050 Removal and maintenance.
12.11.010 Intent.
Painting on city streets and sidewalks should positively promote the character and values of the community and add to the unique vibrancy of Port Townsend. Paintings on the street and sidewalks should not negatively affect traffic safety or interfere with the traveling public’s use of city streets and sidewalks. (Ord. 3260 § 1 (Exh. A), 2021).
12.11.020 Applicability – Permit required.
This chapter pertains to allowing street, sidewalk, and intersection paintings and community-designed crosswalks in all districts in the city. It does not pertain to any painting or markings applied by the city or state for traffic safety or traffic control or to any street, sidewalk and intersection paintings and community-designed crosswalks drawn in chalk or other medium that may be removed with the nonpressurized application of water. No person or group of people may install street, sidewalk, and intersection paintings or community-designed crosswalks in the city without first obtaining a permit from the city pursuant to the process and requirements in this chapter. This chapter provides the exclusive method for obtaining approval of uses that are regulated by this chapter. The city reserves the right to remove any street painting that is installed without a permit. (Ord. 3260 § 1 (Exh. A), 2021).
12.11.030 Street painting permit approval.
A. The public works director (or designee) will, in consultation with the arts commission, develop a permit application and process for street, sidewalk, and intersection paintings and community-designed crosswalks. The arts commission will review proposed street, sidewalk and intersection paintings and community-designed crosswalks for consistency with this chapter and will make recommendations to the city council, which will have final approval of any street, sidewalk and intersection paintings or community-designed crosswalks that are consistent with this chapter and public safety.
B. For street, sidewalk, and intersection paintings or community-designed crosswalks proposed for installation in an area subject to design or historic preservation review, the city will process the installation through the city’s historic preservation review or design review process. The arts commission and the historic preservation committee may meet together to discuss the permit application.
C. Holders of street painting permits will coordinate with the chief of police (or designee) for any needed street closures in order to ensure the safe installation.
D. The city may require that a street painting permit holder indemnify the city.
E. The city council decision to approve or deny a street painting permit is final. (Ord. 3260 § 1 (Exh. A), 2021).
12.11.040 Approval criteria.
The city does not intend a street, sidewalk, or intersection painting or a community-designed crosswalk to be a legal “public forum” and therefore reserves the right to control the art displayed on all city property, including painting or other art installations on city streets and sidewalks. The city reserves the right to deny a street painting permit application or to remove a street, sidewalk, or intersection painting or community-designed crosswalk if it depicts:
A. Violent images.
B. Sexually graphic images.
C. Religious symbols or desecration of the same.
D. Hatred of persons or groups of people.
E. Support for or opposition to a candidate or initiative on the ballot.
F. Advertisement for a good or service for sale.
G. Imagery that may be inappropriate to maintain in or upon public property because it so objectionable under contemporary community standards that it is reasonably foreseeable to result in harm to, disruption of, or interference with the public’s use of city property. (Ord. 3260 § 1 (Exh. A), 2021).
12.11.050 Removal and maintenance.
Once installed, the street, sidewalk, or intersection painting or community-designed crosswalk is the property of the city, which may remove it without notice if the painting interferes with public safety, street maintenance, or is vandalized or damaged. The city has no obligation to maintain, repair, or reinstall a street, sidewalk, or intersection painting or community-designed crosswalk. (Ord. 3260 § 1 (Exh. A), 2021).