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 Authorization to promulgate rules and regulations.
17.20.010 Permit required.
No person shall use any public right-of-way, street, sidewalk or other public place without a right-of-way use permit. The term “use” is defined in Chapter 17.01 BMC. (Ord. 1633 § 1, 1996; Ord. 966 § 1, 1980).
17.20.020 Exemptions.
This chapter shall not apply to 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; provided further, this chapter shall not apply to any improvement or maintenance work performed by the city or street or utility and related construction work authorized by any other permit or ordinance. (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. 1633 § 1, 1996; Ord. 966 § 1, 1980).
17.20.040 Issuance of permit.
All permits shall be issued by the director. The director may issue the permit 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 three feet of unobstructed sidewalk or other walkway shall be maintained at all times;
B. If the proposed use involves obstruction of a portion of a public sidewalk or other walkway, permits shall be issued for a period not to exceed 30 days;
C. 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;
D. During all periods of use, sponsors of community events and persons using facilities by concession contract shall obtain and maintain public liability and property damage insurance acceptable to the city and/or other insurance necessary to protect the public and the city on premises to be used unless waived by the city manager. The limits of said insurance shall be established by the city manager. A certificate evidencing the insurance, or, upon written request of the city, a duplicate copy of the policy, shall be provided to the city as evidence of the insurance protection. This insurance shall not be canceled or reduced without prior written notice to the city at least 30 days in advance of the cancellation and shall name the city as a named or additional insured and shall be primary to any other insurance available to the city;
E. Such other conditions as are imposed by the director 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;
F. All conditions shall be subscribed on or attached to the permit. (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 chief of police 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. 1633 § 1, 1996; Ord. 966 § 1, 1980).
17.20.060 Appeal.
Any decision of the police chief 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. 1633 § 1, 1996).
17.20.070 Authorization to promulgate rules and regulations.
The director is authorized to promulgate all necessary rules and regulations to fully and completely implement the purposes and intent and otherwise ensure enforcement of the provisions of this chapter. (Ord. 1633 § 1, 1996; Ord. 966 § 1, 1980).