Chapter 11.16
DAMAGE TO SIDEWALKS AND CURBS
Sections:
11.16.010 Prohibited activity.
11.16.020 Permits and exemptions.
11.16.050 Conditions and applicable laws.
11.16.060 Penalty for violation.
11.16.010 Prohibited activity.
The following activities are prohibited in the city of Puyallup:
(1) Crossing over, traveling upon, or remaining on any city curb or sidewalk, except at driveways and approaches that comply with city standards, with any vehicle, including, but not limited to, an automobile, backhoe, bulldozer, bus, camper, car, cement mixer, grader, heavy equipment, motor home, motor vehicle, motorcycle, recreational vehicle, roller, trailer, tractor, truck or other similar vehicle; or
(2) Causing or allowing contact with, or unloading, throwing or placing upon a city curb or sidewalk any material, including, but not limited to, chemicals, stone, iron, steel, building material, or other similar materials or substances, when such material or substance is of a weight or composition, or has features or attributes, or is of a nature, that will likely, or does in fact, damage or deface the curb or sidewalk. (Ord. 2978 § 1, 2011).
11.16.020 Permits and exemptions.
(1) The city may grant permits to engage in the activities that would otherwise be prohibited by this chapter.
(2) The prohibition against crossing over or traveling upon city curbs or sidewalks in this chapter shall not apply to city vehicles; nor to vehicles weighing 6,500 pounds or less that cross over or travel upon city curbs or sidewalks to enter or exit the parking area of a temporary event parking provider during the Puyallup Fair and the Spring Fair of the Western Washington Fair Association.
(3) The permit requirements of this chapter shall not apply to temporary event parking providers during the Puyallup Fair and the Spring Fair of the Western Washington Fair Association.
(4) The city shall have authority to waive the requirements of this chapter for minor, infrequent or other similar usage of city curbs or sidewalks.
(5) Notwithstanding the exemption in this section, a person who damages or defaces a city curb or sidewalk shall timely repair or restore the damaged or defaced curb or sidewalk to city standards or be fully liable for the cost of repair or restoration. (Ord. 2978 § 1, 2011).
11.16.030 Permit application.
(1) An applicant for a permit shall complete and submit to the city an application on a form provided by the city, and therein provide all information required by the city, including, but not necessarily limited to, the following:
(a) The name and contact information of the applicant, and the owner of the property at which the activity affecting the curb or sidewalk will occur, if the applicant is not the property owner. If the applicant is not the owner, then the applicant shall provide proof that the applicant has legal authority to use the owner’s property for the purposes identified in the application. In either case, the owner shall consent to the proposed special use of the owner’s property;
(b) The address and parcel number of the property at which the proposed activity affecting the curb or sidewalk will occur;
(c) A clear request for a permit under this chapter;
(d) A full and complete description of the proposed activity affecting the curb or sidewalk; and
(e) The date(s) and time(s) during which the proposed activity will occur.
(2) An applicant for a permit shall provide security, pursuant to this chapter, with his or her application.
(3) An applicant for a permit shall provide a site plan with his or her application. The city may require an applicant to provide photographs of the curb or sidewalk over or upon which crossing or traveling is proposed to occur. The photographs shall accurately depict the curb or sidewalk as of the date of application.
(4) An applicant shall pay an application fee of $50.00. The fee may be changed pursuant to Chapter 1.13 PMC.
(5) An applicant may apply for multiple permits, but the applicant shall comply with all applicable requirements for each permit application.
(6) An applicant shall submit an application for a permit at least three weeks prior to the date at which the applicant proposes to begin to cross over or travel upon any city curb or sidewalk.
(7) If the city approves the application, and the city issues a permit, then the applicant shall conspicuously display the permit on the property at which the activity affecting the curb or sidewalk will occur.
(8) The permit shall be valid for the dates and times as authorized by the city. (Ord. 2978 § 1, 2011).
11.16.040 Security.
(1) An applicant for a permit shall provide security to the city, which shall ensure the repair or restoration of any damage to the city’s curbs or sidewalks. The amount of the security shall be $500.00. However, the traffic engineer shall have the authority to increase the security amount if it is insufficient to ensure the repair or restoration of larger sections of curb and sidewalk that will be affected by the applicant’s proposed activity.
(2) The security shall be in the form of an assignment of funds. The city shall have the authority to allow or require a restoration or repair bond or cash in lieu of an assignment of funds.
(3) The applicant shall be bound by his or her security until:
(a) The activity affecting the curb or sidewalk has permanently ceased;
(b) Any repairs or restoration to the curb or sidewalk, which are required by the city, have been made; and
(c) The city approves the condition of the curb or sidewalk.
(4) If the applicant fails to timely repair or restore damaged or defaced curbs or sidewalks to city standards, then the city may use the security funds to effectuate repair or restoration, or reimburse the city for such repair or restoration.
(5) Notwithstanding the security provisions of this chapter, an applicant shall be fully liable for the cost to repair or restore damaged or defaced curbs or sidewalks even if such cost exceeds the amount of the security. (Ord. 2978 § 1, 2011).
11.16.050 Conditions and applicable laws.
(1) The city may impose reasonable permit conditions or requirements and the applicant shall comply with the conditions or requirements.
(2) Issuance of a permit shall not constitute a waiver of any duties and obligations imposed under Chapter 11.20 PMC or any other applicable law or rule. (Ord. 2978 § 1, 2011).
11.16.060 Penalty for violation.
(1) A violation of the provisions of this chapter shall be a Class 1 civil infraction pursuant to Chapter 1.02 PMC. In addition, a violator shall be liable for the cost of restoration occasioned by such violation.
(2) The permit of a violator may be revoked by the city. (Ord. 2978 § 1, 2011).