Chapter 12.26


12.26.010    Definitions.

12.26.020    Private use of right-of-way without permit prohibited.

12.26.030    Exemptions.

12.26.040    Applications.

12.26.050    Issuance of permit.

12.26.060    Revocation.

12.26.070    Appeal.

12.26.080    Authorization to promulgate rules and regulations.

12.26.090    Existing uses a violation.

12.26.100    Repealed.

12.26.010 Definitions.

For the purposes of this chapter:

A. “City” means the city of Blaine.

B. “City council” or “council” means the city council of the city of Blaine.

C. “Hazardous materials” means such materials as flammable solids, corrosive liquids, radioactive materials, oxidizing materials, highly toxic materials, poisonous gases, reactive materials, unstable materials, hyperbolic materials and pyrophoric materials, and any substance or mixture of substances which is an irritant, a strong sensitizer or which generates pressure through exposure to heat, decomposition or other means.

D. “Junk” means all abandoned motor vehicles and all motor vehicles incapable of being operated, all old appliances or parts thereof, all old iron or other metal, glass, paper, cardboard, old lumber, old wood, old mattresses and all other waste or discarded material, whether or not trailered or otherwise above the surface of the ground.

E. “Right-of-way” means the entire width between the boundary lines of every piece of property designated as a public right-of-way, whether any portion of the right-of-way is used by the public for either pedestrian or vehicular travel.

F. “Street” means that portion of the right-of-way, if any, which is used for vehicular travel.

G. “Temporary” means a period not to exceed 60 days. (Ord. 1835 § 1, 1987)

12.26.020 Private use of right-of-way without permit prohibited.

It is unlawful for any person to either temporarily or permanently use or utilize any portion of a right-of-way (whether or not improved and including sidewalk or walkway) for personal use, place of business or other private use, without first obtaining from the city a use permit; provided, however, that this section shall not be construed to prohibit the incorporation of the unused right-of-way portion of any improved street into the landscaping design of the abutting private property, and further provided, that uses specifically authorized under other sections of the municipal code shall be exempted from the requirements of this section. (Ord. 1835 § 2, 1987)

12.26.030 Exemptions.

Those uses exempted by BMC 12.26.020 from the necessity of obtaining a permit shall not be deemed to have vested any right of uses and any such use shall be removed upon the order of the city at the sole cost and expense of the user. (Ord. 1835 § 3, 1987)

12.26.040 Applications.

Applications shall be made to the chief of police or designee on a format as prescribed and provided by the department. The applications shall contain such information as the police chief or designee 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 right-of-way sought to be used, and a full and complete description of the use to be made of the public right-of-way by the applicant and the duration of such proposed use. (Ord. 2165 § 1, 1994; Ord. 1835 § 4, 1987)

12.26.050 Issuance of permit.

The approving authority for public area use permits shall be the chief of police or designee. The chief of police or designee may issue the permit to the applicant for a period not to exceed 60 days if all requirements deemed relevant by the chief of police are met. Such permits shall be limited to a single issuance in any 12-month period. Requirements shall include, but are not limited to, the following:

A. Except for special provisions outlined in subsection D of this section, no permit shall be issued for commercial and business uses;

B. The proposed use will not protrude into or over any portion of a public right-of-way 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. Furthermore, no permit shall be issued for any proposed use involving or including hazardous materials or junk, as these terms are defined herein, and, permanent structures shall not be permitted;

C. The proposed use will not involve the obstruction of fire hydrants, water meters, water valves, storm sewer catch basins, storm or sanitary sewer manholes, electrical switches, electrical transformers or meters or other electrical appurtenances;

D. Except for special provisions in the central business zone, if the proposed use involves obstruction of a portion of a public sidewalk or other walkway, the permit shall be issued for a period not to exceed 10 days. Within the central business zone, permits for commercial or business uses on right-of-way may be issued upon application to and approval by the chief of police or designee. Permits for these purposes issued by the chief of police or designee shall be subject to annual review and approval;

E. The applicant shall agree 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;

F. Such other conditions as are imposed by the chief of police or designee to reasonably assure that the requested use does not in any way create a likelihood of endangering those who are lawfully using the public right-of-way; and

G. All conditions shall be inscribed on or attached to the permit. (Ord. 2165 § 2, 1994; Ord. 1881 § 1, 1988; Ord. 1835 § 5, 1987)

12.26.060 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 chief of police upon the occurrence of any of the following:

1. Violation of any of the terms and conditions of the permit, for which the remedy is immediate revocation of the permit;

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

B. If any use or occupancy for which no permit was issued, or for which the permit has been revoked is not immediately discontinued, the chief of police or his designee 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, or to restore the public property to its condition prior to issuance of the permit if damage has resulted to the property by the use. The cost and expense of the repairs, removal or restoration shall be assessed against the permittee, including all professional or other fees associated with the enforcement of the collection of the same. (Ord. 1835 § 6, 1987)

12.26.070 Appeal.

Any decision of the police chief or his designee with respect to the issuance or refusal to issue a permit or his revocation of or his refusal to revoke a permit may be appealed to the city council by filing a notice of said intent to appeal such decision with the city clerk within 10 days of the date of issuance of the decision being appealed. If an appeal from any such decision is taken, the city council shall complete the review and issue a final decision within 30 days of the date of the filing of the appeal. (Ord. 1835 § 7, 1987)

12.26.080 Authorization to promulgate rules and regulations.

The chief of police or designee 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. 2165 § 3, 1994; Ord. 1835 § 8, 1987)

12.26.090 Existing uses a violation.

Any existing use which becomes a violation upon adoption of the ordinance codified in this chapter may make application for a permit as provided herein. Any such existing use not issued a permit shall be required to be removed by the owner or person responsible within 10 days. Any violation not removed within 10 days shall be removed in accordance with the provisions of BMC 12.26.060. (Ord. 1835 § 9, 1987)

12.26.100 Violation – Penalty.

Repealed by Ord. 2719. (Ord. 1881 § 2, 1988)