Chapter 12.08
OBSTRUCTIONS*
Sections:
12.08.020 Mailboxes and similar structures--Prohibited on street, sidewalk or parking strip.
12.08.040 Signs and advertising devices--Conditions designated.
12.08.050 Mailboxes, signs and similar devices--Time limit for compliance.
12.08.060 Signs and advertising devices--Temporary franchises.
12.08.070 Signs and advertising devices--Variances.
12.08.080 Noncommercial directional signs--Permitted under certain conditions.
12.08.090 Flower boxes or baskets--Permitted under certain conditions.
12.08.100 Maintenance of parking strip is duty of property owner.
12.08.110 Blockade of street prohibited without permission.
12.08.120 Exceptions to Section 12.08.110.
12.08.130 Sandwich board signs--Restrictions.
12.08.140 Display tables--Permits.
12.08.150 Obstruction of sidewalk prohibited--Order of discontinuance--Appeal.
* For statutory provisions concerning the removal of debris and vegetation from sidewalks and streets, see RCW 15.21.110.
12.08.010 Definitions.
For purposes of this chapter, the following definition shall apply:
"Parking strip" has its usual and ordinary meaning, as being the land situated between the sidewalk and street curb or between the sidewalk and the traveled portion of the street in the event there is no curb. Where there is no sidewalk, the parking strip shall be deemed that land between boundary and private property and the curb or other street edge. (Ord. 401 §11, 1958).
12.08.020 Mailboxes and similar structures--Prohibited on street, sidewalk or parking strip.
It is unlawful to construct, erect or maintain, or to permit the construction, erection or maintenance, of any mailbox, newspaper box or other structure, container or obstruction upon any street, sidewalk or parking strip in the city, except as otherwise provided in this Chapter. (Ord. 780 §1, 1984: Ord. 403 §1, 1958).
12.08.030 Signs and advertising devices--Prohibited on street, sidewalk or parking strip except under certain conditions.
It is unlawful to construct, erect or maintain, or permit the construction, erection or maintenance, of any sign, billboard, or banner or other advertising device or structure, or any obstruction to the view of the vehicular traffic, or any obstruction to pedestrian traffic, upon or over any street, sidewalk, or parking strip in the city, except as provided by this chapter. (Ord. 403 §2, 1958).
12.08.040 Signs and advertising devices--Conditions designated.
Signs and advertising devices shall be permitted provided they are attached and wholly supported by a building or other support situated wholly off of the sidewalk, street or parking strip, and provided the lower edge of the same is at least eight feet above the level of the sidewalk or parking strip, and, further, provided that same shall be raised to an additional height or removed upon written notice from the city council in the event the council should deem a particular sign or device an obstruction to the vision of vehicular traffic or to pedestrian traffic, except as otherwise provided in this chapter. (Ord. 780 §2, 1984: Ord. 515 §1, 1971: Ord. 401 §3, 1958).
12.08.050 Mailboxes, signs and similar devices--Time limit for compliance.
All persons now maintaining mailboxes or newspaper boxes or signs, billboards or other advertising devices or structures or obstructions prohibited by this chapter shall have a period of thirty days from the date of publication of the ordinance, codified in this section in which to either remove the same or make the same in conformity with the requirements of this chapter. Upon failure to do so, such person shall then be deemed in violation of this chapter. (Ord. 403 §4, 1958).
12.08.060 Signs and advertising devices--Temporary franchises.
The council may, upon written application, grant a temporary franchise for the construction, erection or maintenance of signs and banners or other means of advertising of general public events for general public purposes. (Ord. 403 §8, 1958).
12.08.070 Signs and advertising devices--Variances.
The council may, upon written application, upon a finding of good cause, by resolution, grant a variance from the terms of this chapter respecting the height of signs; subject to the provisions of the zoning code of the city governing such matters. (Ord. 780 §3, 1984: Ord. 401 §6, 1958).
12.08.080 Noncommercial directional signs--Permitted under certain conditions.
Nothing contained in this chapter shall be deemed to prevent the construction, erection or maintenance of directional signs for noncommercial purposes, provided the same meet the requirements of Sections 12.08.070 and 12.08.090, and are subject to the same notice. (Ord. 401 §7, 1958).
12.08.090 Flower boxes or baskets--Permitted under certain conditions.
Nothing contained in this chapter shall be deemed to prevent the construction, erection or maintenance of flower boxes or flower baskets, or other purely ornamental hanging baskets, provided the same do not constitute a hazard to pedestrian traffic or an obstruction to the vision of vehicular traffic. The city council may, by written notice, if the council deems such hazard to exist, direct the removal or change of such flower boxes or baskets. (Ord. 403 §5, 1958).
12.08.100 Maintenance of parking strip is duty of property owner.
It is the duty of the abutting property owner to maintain parking strips (that portion of the streets lying between the sidewalk and regularly traveled portion of the roadway) free of defects, including holes and other hazards to pedestrians, or motor vehicles or the occupants or passengers thereof. (Ord. 441 §3, 1962).
12.08.110 Blockade of street prohibited without permission.
It is declared to be unlawful for any person, firm, corporation, association, or group of persons to block off, blockade, or obstruct any street or alley in the city without first obtaining permission therefor from the city. (Ord. 441 §1, 1962).
12.08.120 Exceptions to Section 12.08.110.
The terms of Section 12.08.110 shall not apply to those making necessary repairs or alterations to utilities occupying the streets and alleys by virtue of a franchise granted by the city, nor to acts authorized by the terms of other ordinances of the city, nor to employees of the city acting within the scope of their employment. (Ord. 441 §2, 1962).
12.08.130 Sandwich board signs--Restrictions.
Subject to the following, a person may maintain upon the parking strip or sidewalk a sign, whether one-sided or two-sided, of a design commonly known as a "sandwich board" sign for commercial purposes. The sign shall be subject to the following provisions:
A. A minimum width of one and one-half feet and a maximum width of three feet;
B. A minimum height of two and one-half feet and a maximum height of four feet.
C. Be located no closer to a corner than may be allowed under the appropriate provisions of the manual on Uniform Traffic Control devices. As to proximity to the traveled right-of-way, they shall be located so as to not break the plane of a line drawn connecting the installed public utility poles or fire hydrants upon the block in question.
D. The sign shall be located upon the parking strip or sidewalk immediately fronting the person’s property.
E. There shall be no more than one sign maintained by a person. (Ord. 780 §4, 1984).
12.08.140 Display tables--Permits.
A person may maintain a table or display of merchandise upon the parking strip or sidewalk only after obtaining from the city council a permit allowing such maintenance. An individual desiring to so maintain a display shall, prior to the commencement of the display, to obtain such approval, submit the request to the clerk-treasurer for review by the city council at its next regular session, detailing the number of tables or self-standing units, the utilization which is desired, the nature and the size of the tables or units, and the duration of the desired display. The council, after reviewing the application and taking into consideration the nature of the sidewalk or curb area in the immediate area involved in the application, the frequency with which such utilization has been carried out within the preceding twelve months, any prior history of the applicant in relation to compliance or noncompliance with the terms and conditions of any previously granted permit, the degree to which the proposed display would interfere with any vision as to motor traffic or pedestrian traffic, and such other facets as may reasonably relate to the ability of the citizens to utilize the sidewalk and the safety of the citizens and the drivers in the area of the display, may either grant or deny the request. In the event of a granting of the request, it may be granted either partially or totally and upon such terms and conditions as may be enunciated by the council. (Ord. 780 §5, 1984).
12.08.150 Obstruction of sidewalk prohibited--Order of discontinuance--Appeal.
A sign of sidewalk "sandwich board" type or display or merchandise, whether tabled or otherwise, shall in no way operate to restrict the sidewalk from having a minimum of four feet of clear path upon which persons may walk. Further, such sidewalk signs or displays shall be subject to discontinuance upon order of the chief of police upon his finding that either the display sign or table is situated in such a manner as to be in violation of a provision of this chapter or, alternatively, upon a finding that the public health and safety require such a discontinuance. In the event of such an order by the chief of police, the person so affected may appeal that decision in writing to the city council with a notice of appeal to be filed with the clerk-treasurer’s office within three days of the notice of removal. The appeal shall be subject to the following provisions:
A. Failure to file within three days shall be deemed a waiver of the right to appeal.
B. The sign, display item, or other item covered shall, during the pendency of the appeal, be removed from the sidewalk or parking strip.
C. The appeal shall state the reasons the person feels the decision was in error.
D. The council shall hear the appeal no later than the second council meeting following the filing of the notice of appeal. In the making of its decision to affirm, reverse or modify the decision of the chief, it may receive such evidence or testimony as it deems necessary and appropriate. Its decision shall be based upon the factors contained within this chapter, as well as the criteria of determining whether or not the item or items in question, if not in specific violation of the provisions of this chapter, constituted an unreasonable obstruction to the sidewalk or parking strip, or an unreasonable hazard to the public at large. Its decision shall be final. (Ord. 780 §6, 1984).
12.08.160 Hours of display.
The signs, advertising devices and displays, the installation and maintenance of which are authorized pursuant to the prior sections of this chapter, shall be maintained in place on the sidewalk, parking strip or public right-of-way only during the lesser of the hours of operation of the entity utilizing the sign or display or the period commencing one-half hour after sunrise and ending one-half hour before sunset. (Ord. 780 §7, 1984).