022-16 - Ordinance - New Chapter 12.24 Street Use PermitsORDINANCE NO. 022-16
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, CREATING PORT
ORCHARD MUNICIPAL CODE CHAPTER 12.24, STREET USE PERMITS; PROVIDING
FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE.
WHEREAS, the City of Port Orchard desires to establish an administrative process for the
review, approval, denial and appeal of permits for use of the public streets, including sidewalks,
alleys and other public places, so as to ensure the protection of the public health, safety and
welfare and the prevention of obstructions and public nuisances; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. The City Council adopts the "Whereas" section of this Ordinance as findings
in support of this Ordinance.
SECTION 2. Chapter 12.24 is hereby added to the Port Orchard Municipal Code (POMC)
as follows:
Chapter 12.24 - STREET USE PERMITS
Sections:
12.24.010 Purpose.
12.24.020 Applicability.
12.24.030 Nuisances.
12.24.040 Exceptions.
12.24.050 Street Use Permits.
12.24.060 Processing of Applications.
12.24.070 Criteria for Approval.
12.24.080 Conditions, Issuance.
12.24.090 Assurances Required.
12.24.100 Indemnity Deposit.
12.24.110 Escrow Account.
12.24.120 Surety Bond.
12.24.130 Liability Insurance.
12.24.140 Indemnification Agreement.
12.24.150 Permit Duration, Revocation and Restoration of Public Place.
12.24.160 Permit Fees.
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12.24.170 Exceptions/Waivers for Fees and Assurances.
12.24.180 Compliance with Permit.
12.24.190 Newsstands.
12.24.200 Appeals.
12.24.210 Definitions.
12.24.010. Purpose. The purpose of this Chapter shall be:
A. To maintain the use of City streets for travel, transportation and incidental
authorized purposes, and to retain the use of other public places for the purposes established;
B. To consider the interests of owners and occupants of property adjacent to public
places, while respecting the rights of all users thereof;
C. To preserve the appearance of City streets and public places, to carry out design
controls in areas subject thereto, encourage improvements that make public places more
pleasing; and
D. To establish a process for the review, approval, denial and appeal of permits for uses
of the public streets, alleys and other public places so as to ensure the protection of the public
health, safety and welfare and the prevention of obstructions and/or public nuisances.
12.24.020 Applicability. This Chapter shall authorize, through a temporary, revocable permit,
certain limited use of public alleys, places and streets by private individuals. Newsstands are
regulated in Section 12.24.190. This Chapter shall not apply to the particular uses of City
streets and sidewalks that are regulated by the other chapters of Title 12 (Streets and
Sidewalks).
12.24.030 Nuisances.
A. Any structure built or material placed or dumped in or on any public place by
anyone, without having first obtained and complied with a permit issued under this Chapter,
may be declared a public nuisance and abated as set forth in the City’s Public Works Standards
or chapter 7.48 RCW. Other equivalent proceedings may be taken as are authorized by law or
City ordinances.
B. The Director may declare that a street tree or any portion of a privately owned tree
extending into the right-of-way, is a public nuisance if it impacts the safe operations of the
transportation system, including but not limited to: impeding signs and signals, or harbors a
contagious disease or an insect infestation that threatens the health of other trees or
vegetation.
12.24.040 Exceptions. When required by the United States Constitution or the Washington
Constitution or a federal or state statute enacted thereunder, the Director shall suspend the
application of any particular section of this Chapter or waive compliance with a requirement,
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including payment of fees, the provision of an indemnity deposit or contract, and the furnishing
of insurance. The Director shall maintain a record of all such granted waivers and suspensions.
12.24.050 Street Use Permits.
A. Permit Required. It is unlawful for anyone to make use, as defined in Section
12.24.210, of any public place: (1) without first securing a written permit as authorized by this
Chapter; (2) without complying with all conditions of such permit; and (3) without complying
with the City's Public Works Standards. The City Public Works Department is not required to
obtain a permit or comply with permit procedures for street maintenance/improvement work
performed by the City.
B. Review Procedures. A Street Use Permit is exempt from permit processing
procedures in the City's Land Use Regulatory Development Code (pursuant to RCW
36.70B.140), except where specified within this Chapter. The Director makes a final decision on
the Street Use Permit application without a hearing, which can be administratively appealed as
set forth in Section 12.24.200. Issuance of a street use permit is not a quasi-judicial decision,
and the City is not required to hold an open record or closed record hearing (as defined in RCW
36.70B.020) on any decision.
C. Elements of a Complete Application. A complete Street Use Permit application shall
consist of the following:
1. Application form. A completed Street Use Permit application form, including the
applicant's name, address, phone number and e-mail address. If the applicant's designee is
completing the application, then an affidavit signed by the applicant must be submitted,
verifying that the applicant has given permission to the designee for the submission of the
Street Use Permit application;
2. Other permit applications. If the Street Use Permit is associated with a proposed
project, copies of the related permit applications must be submitted;
3. Identification of the Public Place. The public place or defined portion of the
public place to be used must be identified in detail;
4. Identification of the proposed use. The application must specifically identify the
proposed use of the public place, and provide detail on the amount of space required for the
proposed use and the dates proposed for such use;
5. Plans and Specifications. The plans and specifications for any utility or structure
proposed in or on the public place;
6. Existing Structures. A plan identifying and locating any existing public
improvements, utilities, or structures in the area to be used and any trees that may be
affected by the proposed use;
7. Authorization of Property Owner. When the proposed use involves a structural
building overhang, a retaining wall, or a permanent method of lateral support; the
application shall also be accompanied by documentation showing the individual or entity
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that is the record owner of the premises served by the proposed use and showing the
record owner of the premises consents to the premises being served by the proposed use;
8. Fees. The Street Use Permit fee as established by the City in the Fee Resolution.
D. Assurances. Before the City issues any Street Use Permit, the applicant will be
required to provide certain assurances (deposit of funds, surety bond, indemnification
agreement, etc.,), as needed, all as described in Sections 12.24.090 through .140.
12.24.060 Processing of Applications.
A. The Director shall review each application for a permit for compliance with any
applicable codes.
B. The Director may require additional information or material when he/she deems
appropriate, including, but not limited to: a map, photographs, construction plans, or a survey
of the site; the Director may inspect the premises; solicit comments from other abutters or the
public; post or require posting of notice at the site inviting comment to the authorized
department; or give notice of the submission of a Street Use Permit application according to
requirements for an administrative review in Chapter 16.06 for (notice of application
procedure).
C. If an application for a Street Use Permit requires a permit under any other chapter
of the City's code, but the other permit application has not been filed with the appropriate
Department, then the Street Use Permit application shall be sent to the appropriate
Director/Department for review. The Director/Department with the authority to review the
associated permit applications shall send his/her findings and comments to the Director.
D. If the Director determines that engineering or other studies should be prepared
before a permit is approved, the applicant shall prepare the studies, or authorize the City to
prepare the studies at the applicant's expense, before the application will be further processed.
12.24.070 Criteria for Approval. Factors for the Director's consideration in evaluating an
application for a permit include, but are not limited to:
A. The applicant's constitutional rights;
B. The impact of the proposed use on the following:
1. The paramount purpose of streets for travel and transportation;
2. Utilities; authorized secondary street uses; and any use being made by the public
of the site;
3. Fire access and public safety;
4. Uses under permit; street trees; and other proposed or past uses of the site;
5. Rights of light, air, and access and lateral support of abutting properties and on
access or easements of properties dependent upon the public place for access;
6. The environment, including but not limited to efforts to minimize impervious
surface, loss of native vegetation, and stormwater runoff;
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7. Drainage, surface and underground; springs and watercourses; and the stability
of soils; and
8. Where applicable, City land use, transportation, open space, shoreline, and
beautification policies and approved neighborhood land use plans.
C. The abutter's property rights;
D. The public and private benefits of the proposed use;
E. The site and its terrain;
F. In addition to the considerations listed above, where the following situations
occur, factors for consideration include:
1. For public places used as parks or open space, the impact of the proposed use on
their character as a park drive or boulevard, or as open space;
2. For shoreline street ends, their purpose to provide the public with visual or
physical access to the water and the shoreline;
3. For environmentally critical areas, the requirements of Title 18.
12.24.080 Approval of Street Use Permit.
A. If the application conforms to the requirements of this chapter, all other applicable
codes and the proposed use is consistent with the rights of the public, the Director may
approve the application; fix the duration and the terms or conditions of the permit; and when
required, upon the applicant's furnishing of a deposit or surety bond, insurance, covenant, and
indemnification (as required by Sections 12.24.090 through 12.24.140 below), and payment of
all required fees; issue the permit. The original permit shall remain in the custody of the City,
and a copy shall be given to the permittee and shall be posted or available at the site.
B. The permit shall specify the portion of the public place that may be occupied, the
dates or days and hours of use, and the allowed use. The permit shall only be valid for the
portion of the public place, the dates or days and hours of use, and the use as identified on the
permit. Every permit shall include the language in Section 12.24.150(A) on the face of the
permit.
C. Every permit shall be conditioned to state that all activities in the public place shall
implement stormwater best management practices (BMPs) in accordance with the City's
current stormwater management manual. Failure to implement stormwater BMPs shall be a
violation of this Chapter and subject to enforcement.
12.24.090 Assurances required. Before the City approves a street use permit, the Director
shall determine the appropriate assurances (as set forth in Section 12.24.100 through
12.24.140) as necessary to assist the City in (1) the collection of expenses charged under this
Chapter and costs associated with a use under a permit; (2) assure performance of the
requirements of this Chapter and the covenants or conditions in a permit; (3) place on the
permittee the risks associated with the use and provide a degree of financial responsibility in
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the event of an accident or injury; and (4) restoration of the public place when the permittee's
use has been revoked or terminated to at least as good a condition as required by current
applicable standards. The City's acceptance of an indemnity deposit/agreement, establishment
of an escrow account, a surety bond, or insurance does not limit an applicant's or a permittee's
liability to the amount deposited or stated in the instrument. The Director, when required to
do so by a constitutional provision, or state or federal law, may waive compliance with any of
the conditions of Sections 12.24.100 through 12.24.140.
12.24.100. Indemnity deposit with Finance Department.
A. If the Director determines that there is a substantial risk of injury, damage, or
expense to the City or probable City expenditures arising from an applicant's proposed use of
any public place; the Director may require the applicant to make an indemnity deposit with the
Finance Director in an amount based on the Director's estimate of the injury, damage, or
expense to the City; or cost of restoring the public place if a mishap or accident occurs.
B. The establishment of an indemnity deposit with the City shall provide a source of
funds, held by the City, to pay probable City expenditures arising from: (1) a proposed use or
restoration of the public place after the use; (2) reimbursement of the City for the time
associated with City employees' inspection and Code enforcement activities; and (3) ancillary
City expenses relating to the permit. Annual street use permit fees are billed separately. A
deposit, or escrow account under Section 12.24.110, establishes a balance with the City in favor
of the applicant or permittee against which a City department may deduct fees and charges as
they occur, including annual fees and deposits for particular permits.
C. The indemnity deposit shall also be used to pay the cost of: (1) restoring the public
place; (2) removal of any earth or other debris; (3) replacing or repairing any damaged utility or
trees in the public place; (4) completing any work left unfinished; (5) resetting any traffic
control devices; (6) performing engineering and other studies required by the applicant's use of
the public place, and (7) any other expense that the City may sustain in conjunction with the
permitted work. The deposit shall also be used to pay the City's administrative expenses equal
to the City's costs for services such as inspections, surveys, preparing plans, letting contracts,
and contract administration or supervision. The balance of the cash indemnity deposit, if any,
after all such deductions, shall be returned to the applicant or permittee. If the indemnity
deposit is insufficient, the applicant or permittee shall be liable for the deficiency.
12.24.110 Escrow account.
A. An escrow account (or cash set aside account) differs from a deposit in that the
deposit holder, rather than the City, is a public depository; interest on the deposit accrues to
the account, rather than to the City; and withdrawals from the account are governed by the
escrow agreement rather than by City rules on guaranty deposits. The Director may accept the
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establishment of an escrow account in a qualified public depository as defined in RCW 39.58
that is eligible to receive City moneys as a substitute for:
1. Making all or part of an indemnity deposit required by Section 12.24.100 if the
amount involved equals or exceeds $1,000 and the terms of the escrow authorize the
deduction and payment to the City of charges identified in Section 12.24.100; or
2. Filing a surety bond required by Section 12.24.120 if the amount involved is
$10,000 or less and, in the event of the applicant's or permittee's default, the authorizing
official anticipates that the City could reasonably complete the work needed to protect the
public and restore the public place for the amount placed in the escrow account.
B. The Director shall require that the escrow account be established using the City's
form, which is approved by the City Attorney. Interest accruing in the escrow account shall be
added to the principal account and the balance after deductions returned to the applicant or
permittee.
12.24.120 Surety bond.
A. A surety bond provides a promise by a licensed surety company, within the limits
and according to the terms of the bond, to perform work or pay the City's expenses to perform
the work in the event of the permittee's default. A surety bond is not a substitute for providing
the City public liability insurance for any tortious injury. The Director may authorize the filing of
a surety bond consistent with the procedures in this chapter, in lieu of making all or part of an
indemnity deposit.
B. If required by the authorizing official, the applicant or permittee shall deliver to the
Director, in lieu of or in addition to the indemnity deposit, a sufficient surety bond executed by
a surety company authorized and qualified to do business in the State of Washington and is
approved as to surety and as to form by the City Attorney. The bond shall: assume all the
requirements provided in Section 12.24.100 in relation to an indemnity deposit; run for the full
period of the permit; be in an amount fixed by the Director; be conditioned that the permittee
shall comply with all the terms of the permit and all the provisions of this Title and all other
ordinances of the City; and to the extent permitted by law, indemnify and save the City
harmless from any and all claims, actions, suits, liability, loss, costs, expense, or damages of
every kind and description, excepting only damages that may result from the sole negligence of
the City and that may accrue to, be asserted by, or be suffered by, any person or property,
including without limitation, damage or injury to the permittee, its officers, agents, employees,
contractors, invitees, tenants and tenant's invitees, or licensees, by reason of the use of any
public place, as provided for in the application.
C. If the application proposes to construct, reconstruct, repair, maintain, or remove
any pavement, sewer, water main, storm drain, grading, street lighting, or appurtenance in the
public place, the applicant shall file with the Director a sufficient surety bond executed by a
surety company authorized and qualified to do business in the State of Washington and is
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approved as to surety and as to form by the City Attorney. The bond shall: be in an amount
fixed by the Director; be conditioned such that the permittee shall complete all portions of the
work according to the City's Standard Plans and Specifications and the special plans approved
by the authorizing official; and be conditioned that the permittee shall comply with all the
terms of the permit and all the provisions of this Title and all other ordinances of the City; and
to the extent permitted by law, indemnify and save the City harmless from any and all claims,
actions, suits, liability, loss, costs, expense, or damages of every kind and description, excepting
only damages that may result from the sole negligence of the City, that may accrue to, be
asserted by, or be suffered by, any person or property, including without limitation, damage or
injury to the permittee, its officers, agents, employees, contractors, invitees, tenants and
tenant's invitees, or licensees, by reason of the use of any public place, as provided for in the
application. The bond shall run for the full period of the permit plus two years after City
acceptance of the permitted work.
12.24.130 Liability insurance.
A. Liability insurance protects the City as an additional insured from public liability as a
result of an accident, injury, or damage arising from the use of a public place; and assists in
making permittees financially responsible for meeting liabilities that may arise from their use of
public places.
B. Every permittee, as a condition of every Street Use Permit, shall obtain and maintain
in full force and effect, at its own expense, public liability insurance in an amount sufficient to
protect the City from all potential claims and risks of loss from perils in connection with any
activity that may arise from or be related to the permittee's activity upon or the use or
occupation of the public place allowed by the permit and claims and risks in connection with
activities performed by the permittee by virtue of the permission granted by the permit. The
insurance policy shall: (1) be in effect for the duration of the permit; name the City of Port
Orchard, its elected and appointed officers, officials, employees, and agents" as additional
insureds for primary and non-contributory limits of liability subject to a Separation of Insureds
clause; (2) apply as primary insurance regardless of any insurance that the City may carry; and
obligate the insurance company to give notice to both the Director and the City Clerk at least
30-calendar days before any cancellation of the policy.
C. The Director, in consultation with the City Attorney, shall establish the amount of
the insurance, and unless constitutional liberties prohibit it, shall require that the insurance be
provided prior to issuance of the permit. The City requires insurance coverage to be placed with
an insurer admitted and licensed to conduct business in Washington State or with a surplus
lines carrier according to RCW Chapter 48.15, except that if it is infeasible to obtain coverage
with the required insurer, the City may approve an alternative insurer. Evidence of such
insurance shall be provided before the City issues the Street Use Permit.
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12.24.140 Indemnification Agreement
A. The indemnification agreement holds the City harmless from all claims, actions,
suits, liability, loss, costs, expense, or damages of every kind and description. The permittee
shall agree to defend, indemnify, and hold harmless the City of Port Orchard, its officials,
officers, employees, and agents from and against:
1. Any liability, claims, actions, suits, loss, costs, expense judgments, attorneys' fees, or
damages of every kind and description resulting directly or indirectly from any act or omission
of the permittee, its subcontractors, anyone directly or indirectly employed by them, and
anyone for whose acts or omissions they may be liable, arising out of the permittee's use or
occupancy of the public place; and
2. All loss by the failure of the permittee to fully or adequately perform, in any respect,
all authorizations of obligations under permit.
B. If the application is for a permit to use or occupy a public place with a bulkhead,
steps, retaining wall, rockery, structure, or an extension or appurtenance to a structure or any
facility with an anticipated continued occupancy of a public place of more than one year; the
owner of the adjacent property, and any existing lessee, sublessee, tenant and subtenant using
or occupying the part of the premises served or connected to the permitted use shall, in the
manner provided by law for the execution of deeds, execute and deliver to the City upon a form
to be supplied by the authorizing official, an agreement in writing: signed and acknowledged by
the owners and by any existing lessee, sublessee, tenant and subtenant; containing an accurate
legal description of the premises; covenanting on the part of the owner, lessee, sublessee,
tenant and subtenant, for themselves and their heirs, executors, administrators, successors,
assigns, lessees, sublessees, tenants and subtenants and forever defending, indemnifying, and
holding harmless the City, its officials, officers, employees, and agents from and against any and
all claims, actions, suits, liability, loss, costs, expense, attorneys' fees, or damages of every kind
and description, excepting only damages that may result from the sole negligence of the City;
that may accrue to, be asserted by, or be suffered by any person or property; including without
limitation, damage, death, or injury to members of the public or to the permittee's officers,
agents, employees, contractors, invitees, tenants and tenants' invitees, licensees or its
successors and assigns; arising out of or by reason of:
1. The existence, condition, construction, reconstruction, modification, maintenance,
operation, use, or removal of the permitted area or any portion thereof, or the use, occupation,
or restoration of the public place or any portion thereof by the owner, lessee, sublessee, tenant
and subtenant, heirs, executors, administrators, successors, assigns, lessees, sublessees,
tenants and subtenants;
2. Anything that has been done or may at any time be done by the owner, lessee,
sublessee, tenant and subtenant, heirs, executors, administrators, successors, assigns, lessees,
sublessees, tenants and subtenants by reason of the permit; or
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3. The owner, lessee, sublessee, tenant and subtenant, heirs, executors,
administrators, successors, assigns, lessees, sublessees, tenants and subtenants failing or
refusing to strictly comply with every provision of the permit; or arising out of or by reason of
the permit in any other way.
C. The Director may require that the indemnification agreements for the types of
structures identified in Section 12.24.140(B) above shall be a covenant running with the land
and shall be recorded against the property at the applicant's cost.
D. In addition, the agreement shall contain a provision which expressly states that the
permit:
1. Is wholly of a temporary nature;
2. Vests no permanent right whatsoever;
3. May be revoked, the structures and obstructions removed, and public place restored
to the condition that existed prior to use occurring in the public place upon 30-calendar clays'
notice, posted on the premises, or published in the official newspaper of the City; or without
notice, if the permitted use is dangerous or the structures is insecure or unsafe, as determined
by the Director; or is not constructed, maintained, or used in accordance with the Port Orchard
Municipal Code.
E. An agreement after it has been received and recorded with the County Auditor, shall
be retained by the City Clerk in the files and records of the Clerk's office.
F. The Director may waive execution of the signature on an agreement by a tenant or
subtenant on a month-to-month lease or on a tenancy at will. If the application is made by a
condominium or cooperative apartment, the authorizing official may accept an agreement by
the condominium or apartment association together with documentation showing its authority
to execute the agreement in lieu of executing the agreement by all unit or apartment owners.
12.24.150 Permit duration, Revocation and Restoration of the Public Place.
A. Every street use permit approved under this Chapter shall state on its face that the
permit is of a temporary nature and shall vest no permanent right; and may in any case be
revoked upon 30-calendar days' notice; or may be revoked without notice where the use or
occupation is dangerous or any structure or obstruction permitted is insecure or unsafe, as
determined by the Director; or is not constructed, maintained, or used in accordance with the
provisions of The Port Orchard Municipal Code.
B. If a permit to use a public place is revoked or terminated, the permittee/applicant
shall restore the public place to the condition that existed prior to use occurring in the public
place.
C. If any structure, obstruction, use, or occupancy is not discontinued on notice from
the City to do so, the Director, with respect to public places, may:
1. Prohibit its further use;
2. Remove it from the public place;
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3. Make repairs to it as may be necessary to render it secure and safe at the expense of
the permittee or the permittee's successor or user responsible for the structure, obstruction,
use, or occupancy; and
4. Collect expenses incurred in rendering it secure and safe and restoring the public
place in the manner provided by this Chapter and other applicable law.
12.24.160 Permit Fees.
A. From time to time, the Director shall prepare and recommend for adoption by the
City Council a schedule of fees applicable to: reviewing and administering all permits for public
places.
1. Fees for using or occupying the public place may take into consideration the
undesirability of the use or occupation relative to the rights of the public, such as the City policy
of discouraging certain types of encroachments inconsistent with the public right of access,
including access to the shorelines or other public places, and shall be included in the schedule
of fees for use of public places under the jurisdiction of the Director.
2. The Director is authorized to collect a monetary deposit for services to be conducted
related to the review or inspection of a permit prior to or at permit issuance.
3. The Director is authorized to collect fees for other City Departments that provide
services related to the review of a permit for use of the public place.
B. The fee schedule, when adopted by ordinance, shall govern the fee for permits
issued and reviewed. All permit and review fees shall be commensurate with the cost of
administering, inspecting, and policing involved in issuing and continuing the permits and with
the use and occupation granted by the permits. The fee shall be collected as a condition to
issuing or continuing any permit or use.
12.24.170 Exception/Waiver, Fees and Assurances.
A. The Director may grant an exception from paying fees, making an indemnity deposit,
posting a surety bond, or providing liability insurance from the United States of America.
B. The authorizing official may grant an exception from paying fees, making an
indemnity deposit, posting a surety bond, or providing liability insurance when the primary
purpose of the project is environmental remediation and the project is being conducted in
compliance with 42 U.S.C. §9621 and is subject to 42 U.S.C. §9621(e).
C. The authorizing official may grant an exception from paying fees, making an
indemnity deposit, posting a surety bond, or providing liability insurance when the use is for a
public transportation-related-infrastructure project, like light rail, and is authorized under a
separate ordinance; or when the use is for a City transportation project.
D. An authorizing official may waive the requirement for an indemnity deposit or surety
bond for a use by the State of Washington or a local government.
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12.24.180 Compliance with Permit.
A. Construction of a structure or improvement shall be in accord with the approved
permit and plans accompanying the approved permit unless the Director first approves a
revised permit authorizing the change.
B. If a proposed change is substantial and objections or adverse comments are
received before the permit authorizing the revision is issued, the Director shall give notice to
the persons making the objection or comments about the proposed change, or require the
applicant or permittee to do so, and allow public comment before reaching a decision on the
proposed change.
12.24.190 Newsstands.
A. This Section shall be interpreted and implemented in a manner that will enable the
public to acquire a wide variety of publications with a diversity of news, information, ideas and
opinions, at convenient locations in public places. It shall also be interpreted and implemented
in a way so as to facilitate the distribution of publications in public places as contemplated by
the Constitution of the State of Washington and the First Amendment to the U.S. Constitution.
In addition, the City shall implement this section by preserving the appearance of public places
and carry out design controls in areas subject thereto, encourage improvements that will make
public places more pleasing and promote the use of modern aesthetically pleasing newsstands
in congested areas.
B. Newsstands in compliance with the following standards may be placed in public
places without a street use permit:
1. All newsstands in a public place shall align parallel with the curb, allow at least
five feet (5') of clear sidewalk space for pedestrian passage, be detectable by pedestrians using
canes for guidance, be maintained in a safe condition, able to withstand strong winds and be in
good repair at all times. The newsstand may not exceed the following dimensions: Six feet (6')
by twelve feet (12').
2. No newsstand shall be placed or maintained so as to obstruct the use of any
crosswalk, wheelchair ramp, driveway, hydrant, or City emergency facility, or be less than
eighteen inches (18") from the curb;
3. No newsstand shall impair loading at any bus, taxi, passenger or truck loading
one; hinder egress to parked vehicles in marked parking stalls; obstruct sight lines of motorists
at an intersection; orient toward the roadway; or obscure any regulatory sign; or
4. No newsstand shall be fastened to any bus shelter or any utility pole or tree.
C. A street use permit is required for the placement of a newsstand in a public place if
the newsstand exceeds the size limitations in Section 12.24.190(B)(1) above; or if the owner
proposes to: (1) permanently affix the newsstand to the surface of the public place; or (3) the
owner proposes to place a newsstand which conflicts with design guidelines adopted for
historical or special review districts, or proposes to place the newsstand within one hundred
Ordinance No. 022-16
Page 13 of 16
twenty feet (120') of the limits of a street improvement that provides for the integration of
newsstands into structures located therein. The Director may issue a street use permit to allow
the placement of a newsstand under this Subsection 12.24.190(C) whenever the same
constitutes a reasonable accommodation that furthers the public interest.
12.24.200 Appeals.
A. A person aggrieved by any of the following decisions of the Director may timely
request an appeal of the decision to the City Council:
1. The approval or denial according to Section 12.24.070 and 12.24.080 of a Street Use
permit;
2. The revocation of any Street Use permit;
3. The approval or denial according to Section 12.24.190 of a request for a permit for a
newsstand location not generally permitted by Section 12.24.190.
B. An aggrieved person may appeal the Director's decision by filing an appeal
statement with the City Clerk within ten (10) calendar days of the date of the decision. The
request shall identify the decision for which review or reconsideration is requested, the
objection(s) to the decision; and the specific alternative being proposed. The City Clerk shall
schedule the appeal with the City Hearing Examiner on their regular meeting calendar. The
Director may, at his/her discretion, stay implementation of a decision pending the appeal. The
Hearing Examiner shall follow the procedures in the permit processing procedures in the City's
Land Use Regulatory Code for the appeal. The Hearing Examiner's decision on appeal shall be
final.
12.24.210 Definitions.
"Adjacent property" means and includes the property abutting the margin of and
contiguous to the public place.
"Alley" means a public way not designed for general travel and used primarily as a
means of access to the rear of residences and business establishments. (RCW 46.04.020.)
"Applicant" means the individual or entity that has applied for a permit to use the
public place on their or another individual's or entity's behalf.
"Crosswalk" means the portion of the roadway between the intersection area and a
prolongation or connection of the farthest sidewalk line or in the event there are no sidewalks
then between the intersection area and a line ten feet therefrom, except as modified by a
marked crosswalk. (RCW 46.04.160.)
"Director" shall mean the Director of Public Works or his/her designee.
"Driveway or private road" means every way or place in private ownership and used
for travel of vehicles by the owner or those having express or implied permission from the
owner, but not by other persons. (RCW 46.04.420.)
Ordinance No. 022-16
Page 14 of 16
"Highway" means the entire width between the boundary lines of every way publicly
maintained when any part thereof is open to the use of the public for purposes of vehicular
travel. (RCW 46.04.197.)
"Newsstand" means any stand, box, structure, rack or other device that is designed
or used for the sale or distribution of newspapers, periodicals, magazines, or other publications,
or any combination of the above.
"Permitee" means a person or entity that has received a permit to use a public
place.
"Public place" means public right-of-way and the space above or beneath its surface,
whether or not opened or improved, including streets, avenues, ways, boulevards, drives,
places, alleys, sidewalks, planting strips, squares, triangles and plazas that are not privately
owned.
"Right of way" means the strip of land platted, dedicated, condemned, established
by prescription or otherwise legally established for the use of vehicles, pedestrians or utilities.
"Roadway" means that portion of a highway or street improved, designed, or
ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder even though such
sidewalk or shoulder is used by persons riding bicycles. (RCW 46.04.500.)
"Sidewalk" means that property between the curb lines or the lateral lines of a
roadway and the adjacent property, set aside and intended for the use of pedestrians or such
portion of private property parallel and in proximity to a public street and dedicated to use by
pedestrians. (RCW 46.04.540.)
"State highway" means every highway or part thereof, which has been designated as
a state highway or branch thereof, by legislative enactment. (RCW 46.04.560.)
"Street" means every public highway or part thereof located within the City limits,
except alleys. (RCW 46.04.120.)
"Use" means exercising dominion or control over, or occupying all or part of; a
public place with or without the right to do so. Use includes constructing, storing, erecting,
placing upon, maintaining, or operating; any inanimate thing or object; in, upon, over or under
any public place.
A. "Use" includes, but is not limited to, any of the following:
1. Placement or installation of any marquee, awning, clock, newsstand, sign,
banner, sidewalk elevator or door, fuel opening, sidewalk cafe, or other structure;
2. Placement or installation of fencing, staging, scaffolding, an elevator or other
structure or material, machinery or tools used or to be used in connection with excavating,
erecting, altering, demolishing, repairing, maintaining, or painting any building;
3. Moving any building along or across any public place;
4. Storing or placing any material, equipment, inanimate object, or thing in any
public place. But "use" shall not include placing an inanimate object in a location and for a
limited duration of time that, under the circumstances, no reasonable person could conclude
Ordinance No. 022-16
Page 15 of 16
that the public's right to use or enjoy the public place, in whole or in part, has been or
potentially could be interfered with;
5. Raising or lowering any safes, machinery, or other heavy articles;
6. Making or having any fire on any public place;
7. Doing any work in, or erecting any structure under, along or over any public
place; except when permitted by ordinance;
8. Vending of goods, tickets, things or services of any kind, other than
publications in newsstands regulated under Section 12.24.190;
9. Using sound amplifying equipment, other than aids for the disabled; or
10. Closing or altering the appearance of streets; including filming, block parties
or street fairs.
B. With respect to trees and plantings, "use" means planting, removing, injuring,
destroying, topping, or major pruning of any tree in any public place; cutting or pruning of any
tree planted or maintained by the City; and removing, injuring or destroying any flower, plant,
or shrub in any public place. "Use" excludes cutting grass, trimming shrubs, planting flowers,
seeding, weeding, edging and other gardening activities for the care of planting strips
commonly performed by or for an owner or occupant of property adjacent to a public place;
and it excludes berry-picking and recreational activities that may have an incidental impact
upon grass or shrubbery.
C. "Use" excludes a customer's temporary placement of the customer's garbage
and recyclables for curbside/alley collection, removing snow and ice; sweeping sidewalks and
removing leaves and debris.
SECTION 3. If any section, sentence, clause or phrase of this ordinance should be held
to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of constitutionality of any other section,
sentence, clause or phrase of this ordinance.
SECTION 4. This ordinance shall be in full force and effect 5 days after publication. A
summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by
State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 26th day of July 2016.
1 o" :
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• ••»° ° ° v\\v>
Robert Putaansuu, Mayor \r. i :o.< -
Ordinance No. 022-16
Page 16 of 16
ATTEST:
^Brandy Rinearson, CMC, City Clerk
APPROVED AS TO FORM:
^Shardn Cates, City Attorney
Sponsored by:
Bek Ashby, Councilmember
PUBLISHED: August 5, 2016
EFFECTIVE DATE: August 10, 2016
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held July 26th, 2016.
ORDINANCE NO. 022-16
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, CREATING PORT
ORCHARD MUNICIPAL CODE CHAPTER 12.24, STREET USE PERMITS; PROVIDING
FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE.
Copies of Ordinance No. 022-16 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 022-16 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, August 5th, 2016