Chapter 4.30
ACTIVITIES IN THE RIGHT-OF-WAY
Sections:
Article I. Generally
4.30.005 Authority and enforcement.
4.30.020 Violations and penalties.
4.30.040 Constitutional protections.
Article II. Permit
4.30.050 Right-of-way activity permit required.
Article I. Generally
4.30.005 Authority and enforcement.
The city clerk or designee has the authority to adopt rules and regulations to carry out the provisions of this chapter and has the authority to administer and enforce this chapter and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of this chapter or any such rule or regulation.
(Ord. No. 09-597, § 29, 1-6-09. Code 2001 § 13-121.5.)
4.30.020 Violations and penalties.
(1) A person commits the offense of unlawful right-of-way activity if the person knowingly organizes or participates in an activity on public rights-of-way in violation of this chapter.
(2) A person commits the offense of interfering with a right-of-way activity if the person knowingly blocks, obstructs, hinders, impedes the passage of, or throws objects on or toward an activity on public right-of-way or its participants; except that a person may operate a vehicle that is not part of the activity between the vehicles or persons comprising an activity if directed to do so by a police officer.
(3) Any person violating or failing to comply with any of the provisions of this chapter is guilty of a gross misdemeanor.
(4) Any person who fails to comply with the provisions of this chapter is, in addition to any criminal penalties, subject to a maximum civil penalty of $5,000 for each day or portion of the day that the violation continues.
(5) Nothing in this chapter limits the right of the city to pursue other lawful, criminal, civil or equitable remedies to abate, discontinue, correct or discourage unlawful acts under or in violation of this chapter.
(Ord. No. 09-601, § 34, 1-6-09; Ord. No. 08-578, § 3, 3-18-08; Ord. No. 92-134, § 6, 4-21-92. Code 2001 § 13-122.)
4.30.030 General conditions.
The following conditions shall be applicable to any activity permitted under this chapter:
(1) Participants shall yield the right-of-way to vehicular traffic, unless otherwise provided for in the permit, or otherwise directed by a police officer or other traffic control official.
(2) The activity will be conducted in such a manner that will ensure the safety of the participants and spectators.
(3) The applicant shall be responsible for cleanup of areas and removal of all paraphernalia and debris resulting from this activity, and will assume responsibility for any damage resulting from activity.
(4) Except as otherwise prohibited by law or where an exemption is obtained as provided by this chapter, all applicants for a permit under this chapter shall obtain and maintain in full force and effect during the term of the permit general liability insurance naming the city as an additional insured for this activity. The insurance shall provide coverage in an amount that the city determines, based on the information required in the application under FWRC 4.30.070, to be necessary and adequate to protect participants, the public, and the city from injuries or claims arising from torts or wrongful acts arising from the activity. The amount of the insurance shall not reflect or be increased because of the content of any constitutionally protected portion of the activity, but may be reduced or eliminated if the applicant cooperates with the city to design the event to respond to specific risks, hazards, and dangers to the public health and safety identified by the city as being reasonably foreseeable consequences of the permitted event. A certificate for this coverage must be on file prior to the activity. In lieu of insurance, an applicant may post cash or a bond that provides the city with the same security as the otherwise required insurance. The sponsor shall hold harmless the city, its officers, agents, and employees from any claim, demand, action or judgment for property damage, personal injury or death arising from this activity.
(5) A right-of-way activity permit is only valid for that portion of the activity which occurs within the municipal boundary on city right-of way, excluding state right-of-way.
(6) Permits issued pursuant to this chapter shall not be transferable by the applicant to any other person.
(Ord. No. 08-578, § 3, 3-18-08; Ord. No. 92-134, § 3, 4-21-92. Code 2001 § 13-123.)
4.30.040 Constitutional protections.
This chapter is not intended, and shall not be applied or construed, to violate any constitutionally protected rights. No consideration may be given to the content of any speech, the message of any event, the identity or associational relationships of the applicant, or to any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content of speech or message conveyed by the event in the making of any decision or the use of any discretion under this chapter.
(Ord. No. 08-578, § 4, 3-18-08. Code 2001 § 13-124.)
Article II. Permit
4.30.050 Right-of-way activity permit required.
Activities on a public right-of-way in this city which either (1) are likely to or do substantially obstruct or interfere with the public use of public rights-of-way, (2) are likely to or do fail to comply with applicable traffic regulations or controls, (3) are likely to or do create a substantial risk to public health or safety, or (4) consist of 25 or more people are unlawful unless a right-of-way activity permit has been issued by the city. This section shall not apply to a spontaneous event occasioned by news or affairs coming into public knowledge less than two business days prior to such event where such event does not occur in the portion of the right-of-way traveled by vehicles, does not otherwise substantially obstruct or interfere with the public use of public rights-of-way, does not violate applicable traffic regulations or controls, and does not create a substantial risk to public health or safety.
(Ord. No. 08-578, § 5, 3-18-08; Ord. No. 92-134, § 1(1), 4-21-92. Code 2001 § 13-141.)
4.30.060 Exemptions.
(1) Funeral processions. A funeral procession shall be exempt from obtaining a permit under this article.
(a) The procession shall proceed to the place of interment by the most direct route which is both lawful and practicable.
(b) A funeral procession shall be accompanied by adequate escort vehicles for traffic control purposes.
(c) All motor vehicles in the procession shall be operated with their lights turned on.
(2) Exemption from fee. The following shall be required to obtain a permit, but shall not be required to pay fees:
(a) Nonprofit organizations, including but not limited to religious, civic, charitable, benevolent, nonprofit, cultural or youth organizations.
(b) Fraternal benefit societies, as defined in RCW 48.36.010, fraternal fire insurance associations, beneficiary corporations or societies organized under and existing by virtue of RCW 24.16.010 and 24.16.140, inclusive, if such corporations and societies provide in their bylaws for payment of death benefits as set forth in RCW 24.16.020 and 24.16.100.
(c) Any business or activity which is exempt from payment of such fees as prescribed by this article by virtue of applicable provisions of the federal or state Constitution, or applicable federal or state statutes.
(d) Any religious society, association or corporation which operates any charitable hospital, clinic or institution devoted exclusively to the care or healing of human beings.
(Ord. No. 08-578, § 6, 3-18-08; Ord. No. 92-134, § 4, 4-21-92. Code 2001 § 13-142.)
4.30.070 Application.
(1) Requirement. Every person or organization required to obtain a permit under this chapter shall submit a truthful and complete application to the city clerk.
(2) Time. The application shall be submitted on an approved city form at least two business days prior to the intended date of the activity or seven days prior to the intended date of the activity if it will occur in the portion of the right-of-way traveled by vehicles, unless these provisions are waived by the city. Such waiver shall be granted if the city is able to ensure the coordination of necessary public services, the safety of the public, and reasonable public use of the public right-of-way. Applicants are encouraged to submit applications at least 30 days in advance for events that may require more significant city services in order to ensure the best coordination with city personnel, such as events that involve blocking roads or traffic or events which may block emergency access to areas.
(3) Contents. The application shall include the following information:
(a) Name and address of the applicant.
(b) Date of activity.
(c) Route, including assembling points.
(d) Number of people, vehicles, and/or animals that will be participating in activity.
(e) Start and end time.
(f) Name and policy number of the applicant’s insurance company.
(g) Applicant’s previous experience with the administration of this type of activity.
(h) Name, address, email address, and telephone number of the coordinator of the activity and the name, address, email address, and telephone number of an alternate. The coordinator or alternate shall be available to address coordination of public services and compliance with any conditions set by the city prior to approval of the permit and thereafter.
(i) Traffic and activity control plan.
(j) Documentation for any requested exemption or waiver.
(k) Such other information as may be required by the city clerk for efficient administration of this chapter, except that no information shall be required based on the content of any constitutionally protected activity.
(Ord. No. 08-578, § 7, 3-18-08; Ord. No. 92-134, § 1(3)(a), 4-21-92. Code 2001 § 13-143.)
4.30.080 Fee.
(1) A nonrefundable permit fee shall accompany all applications under this article, unless the applicant is exempt pursuant to FWRC 4.30.060.
(2) The city clerk shall issue a receipt to the applicant for the money paid in advance. Such receipt shall not be construed as approval by the city clerk for the issuance of the permit.
(Ord. No. 08-578, § 8, 3-18-08; Ord. No. 92-134, § 1(3)(b), (c), 4-21-92. Code 2001 § 13-144.)
4.30.090 Issuance.
(1) The city clerk shall issue permits in the name of the city to all applicants qualified under the provisions of this chapter. Prior to issuing a permit, the city clerk shall submit all applications to the police department for its endorsement as to whether the activity can be conducted without substantially obstructing or interfering with the public use of public rights-of-way, without creating a substantial risk to public health or safety, and without violating city or other regulations. The fire district shall be notified of all applications.
(2) A permit shall be issued if:
(a) The activity can be conducted without endangering public health or safety;
(b) The activity can be conducted without substantially obstructing or interfering with the public use of public rights-of-way;
(c) There are sufficient available public safety personnel, if it is determined that they are necessary to facilitate the safe and orderly conduct of the activity, and the applicant pays for any required public safety personnel, as deemed necessary by the city based on the information submitted in the application under FWRC 4.30.070 and the recommendations of the police department under this section. Such payment shall not reflect or be increased in any way because of the content of any constitutionally protected portion of the activity or anticipated reaction thereto;
(d) The applicant has otherwise complied with this chapter and the activity can be conducted without violating applicable laws and regulations.
(3) If the clerk or police department determines that the activity does not or cannot meet the requirements of this chapter, the city may:
(a) Propose an alternate route, date, or time.
(b) Propose other requirements or modifications to allow the activity to qualify under this section.
(c) Deny the permit.
(4) When a permit is denied, the clerk shall issue written findings that the issuance of the permit would be detrimental to public peace, health, or welfare or that the activity or application is not in compliance with applicable laws and regulations. The clerk shall notify the applicant of the denial, the findings, and the process by which the applicant may appeal.
(Ord. No. 08-578, § 9, 3-18-08; Ord. No. 92-134, § 1(4), 4-21-92. Code 2001 § 13-145.)
4.30.100 Revocation.
The city may revoke a permit if circumstances reasonably show that the activity can no longer be conducted without substantially obstructing or interfering with the public use of public rights-of-way, without violating applicable traffic regulations or controls, or without creating a substantial risk to public health or safety. If a permit is revoked the clerk shall provide notice as provided in FWRC 4.30.090(4).
(Ord. No. 08-578, § 10, 3-18-08; Ord. No. 92-134, § 1(5), 4-21-92. Code 2001 § 13-146.)
4.30.110 Appeals.
(1) Appeal period. An applicant for a permit under this chapter must appeal any decision denying or revoking the permit within 14 days of issuance of the notice of the denial or revocation, by filing a notice of appeal with the city clerk. Upon receipt by the city clerk of the notice of appeal, a hearing shall be held before a hearing examiner designated by the city. Notice of the hearing shall be given to the appellant at least 10 days prior to the hearing. At the hearing the appellant shall be entitled to be heard and introduce evidence on his or her own behalf.
(2) Decision of the hearing examiner. The decision of the hearing examiner shall be rendered within five days of the close of the hearing. The decision shall be in writing and shall set forth the findings and reasons for the decision, and the applicant shall be notified in writing. The decision of the hearing examiner is final.
(Ord. No. 14-760, § 11, 3-4-14; Ord. No. 08-578, § 11, 3-18-08; Ord. No. 92-134, § 5, 4-21-92. Code 2001 § 13-147.)
4.30.120 Block party permits.
(1) In addition to the information required under FWRC 4.30.070, applications for block party permits shall include:
(a) The name and contact information of a designated neighborhood representative who will be responsible for meeting any conditions set by the city or the police department.
(b) Proof that written approval has been obtained from all persons who will have ingress and egress impaired by the street closure.
(2) All block party permits shall require at minimum the following conditions:
(a) The street will be closed by use of barricades or other approved devices which are portable and easily removed.
(b) The street will be closed except for an emergency lane of at least 12 feet wide, free and clear of obstructions, for emergency vehicle use.
(c) The street will be closed except for at least 150 feet from the end of any cul-de-sac.
(Ord. No. 08-578, § 12, 3-18-08; Ord. No. 92-134, § 3(8), 4-21-92. Code 2001 § 13-148.)