Chapter 17.20
PUBLIC AREA USE PERMITS

Sections:

17.20.010    Permit required.

17.20.020    Exemptions.

17.20.030    Applications.

17.20.040    Issuance of permit.

17.20.050    Revocation.

17.20.060    Appeal.

17.20.070    Property damage – Responsibility.

17.20.080    Liability.

17.20.010 Permit required.

No person shall use any public right-of-way, street, sidewalk or other public place without a public area use permit, except as exempted in BMC 17.20.020. The term “use, public place” is defined in Chapter 17.01 BMC. (Ord. 2154 § 2 (Exh. B), 2014; Ord. 2096 § 1, 2012; Ord. 1633 § 1, 1996; Ord. 966 § 1, 1980).

17.20.020 Exemptions.

This chapter shall not apply to the following:

A.    Noncommercial uses in areas zoned for single-family residential and not involving buildings or other structures (excluding fences); provided, however, those uses exempted by this section from the necessity of obtaining a permit shall not be deemed to have vested any right of use and any such use shall be removed upon the order of the city at the sole cost and expense of the user;

B.    Any improvement or maintenance work performed by the city or street or utility and related construction work authorized by any other permit or ordinance;

C.    Special events which require a special event permit pursuant to Chapter 5.06 BMC;

D.    Park uses which are governed by park use permits pursuant to Chapter 8.60 BMC;

E.    Construction uses governed under right-of-way invasion permits pursuant to Chapter 17.08 BMC;

F.    Utility uses governed under right-of-way permits pursuant to Chapter 17.24 BMC;

G.    Leases of city property. (Ord. 2154 § 2 (Exh. B), 2014; Ord. 2096 § 1, 2012; Ord. 1633 § 1, 1996; Ord. 966 § 1, 1980).

17.20.030 Applications.

Applications shall be made to the director of public works on a format as prescribed and provided by said department. The applications shall contain such information as the director of public works deems necessary, including, but not limited to, evidence that the applicant is either the owner or entitled to possession of the property adjoining the public place sought to be used, and a full and complete description of the use to be made of the public place by the applicant and the duration of such proposed use. (Ord. 2154 § 2 (Exh. B), 2014; Ord. 2096 § 1, 2012; Ord. 1633 § 1, 1996; Ord. 966 § 1, 1980).

17.20.040 Issuance of permit.

All permits shall be issued by the director of public works or designee. The permit may be issued to the applicant if all requirements deemed relevant by the director are met. Requirements shall include, but are not limited to, the following:

A.    The proposed use shall not protrude into or over any portion of a public place open to vehicle or pedestrian travel in such a manner as to create a likelihood of endangering the use of such place by vehicles or pedestrian travel. In addition, in the event the requested permit involves encroachment or partial obstruction of a sidewalk or other walkway open to the public, a minimum of five feet of unobstructed sidewalk or other walkway shall be maintained at all times;

B.    If the proposed use involves a temporary obstruction of a portion of a public right-of-way, sidewalk or other walkway, permits may be issued for a period not to exceed 30 days;

C.    Ongoing uses of public areas for uses including but not limited to outdoor dining and merchant displays may be issued longer term permits, up to one year, which shall be renewable annually or for multiple years;

D.    The applicant shall agree to sign an indemnification agreement which shall require the applicant to indemnify, defend and hold the city harmless from any and all claims for bodily injury or property damage that may arise out of or in connection with the applicant’s permitted use;

E.    The applicant shall agree to authorize such inspections as are reasonably necessary in the enforcement of this chapter;

F.    Such other conditions as are imposed by the director of public works, including compliance with any applicable design standards, to reasonably assure that the requested use does not in any way create a likelihood of endangering those who are lawfully using the public place or right-of-way; and

G.    All conditions shall be subscribed on or attached to the permit. (Ord. 2154 § 2 (Exh. B), 2014; Ord. 2096 § 1, 2012; Ord. 1633 § 1, 1996; Ord. 1404 §§ 3, 4, 1990; Ord. 1054 § 1, 1982; Ord. 966 § 1, 1980).

17.20.050 Revocation.

A.    All permits issued pursuant to this chapter shall be temporary, shall vest no permanent right in the applicant and may be revoked by the director upon the occurrence of any of the following:

1.    Immediate revocation in the event of a violation of any of the terms and conditions of the permit;

2.    Without notice in the event such use becomes, for any reason, dangerous or any structure or obstruction permitted becomes insecure or unsafe;

3.    Upon 30 days’ notice if the permit was not for a specified period of time and is not covered by preceding subsections.

B.    If any use or occupancy for which the permit has been revoked is not immediately discontinued, the city of Bothell may remove any such structure or obstruction or cause to be made such repairs upon the structure or obstruction as may be necessary to render the same secure and safe, the cost and expense of which shall be assessed against the permittee, including all professional fees associated with enforcement of the collection of the same. (Ord. 2154 § 2 (Exh. B), 2014; Ord. 2096 § 1, 2012; Ord. 1633 § 1, 1996; Ord. 966 § 1, 1980).

17.20.060 Appeal.

Any decision approving, revoking or refusing to revoke a right-of-way use permit may be appealed to the city manager. Such appeal must be filed with the city clerk within three days of the date of issuance of the director’s decision. The city manager’s decision shall constitute the final decision of the city. (Ord. 2154 § 2 (Exh. B), 2014; Ord. 2096 § 1, 2012; Ord. 1633 § 1, 1996).

17.20.070 Property damage – Responsibility.

Any person who damages any public property or improvement located within a city street or other public property shall be responsible for its restoration to its prior condition. If the person damaging such property fails to effect such repair, the city of Bothell shall have authority to cause repair of the same with the use of city labor and materials and charge the cost thereof against the person responsible for such damage. (Ord. 2154 § 2 (Exh. B), 2014; Ord. 2096 § 1, 2012).

17.20.080 Liability.

This chapter shall not be construed as imposing upon the city or any official or employee any liability or responsibility for damages to any person injured by the performance of any work for which street use permit is issued by the provisions of this chapter, nor shall the city or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized by the provisions of this chapter, the issuance of any permit, or the approval of any work. The permittee will also be responsible for providing a certificate of insurance, for general liability, naming the city as an additional insured and providing coverage in an amount necessary to cover any liability or damage to city property that may occur, for as long as the use of public space is in place. (Ord. 2154 § 2 (Exh. B), 2014; Ord. 2096 § 1, 2012).