Chapter 19.04
OBSTRUCTING STREETS OR SIDEWALKS

Sections:

19.04.010    Obstructions in right-of-way.

19.04.020    Obstruction of fairway.

19.04.050    Private use of street right-of-way or fairway without permit prohibited.

19.04.060    Street use permit—Sidewalk cafes and produce markets—Policy.

19.04.061    Street use permit—Required.

19.04.062    Application for street use permit—Sidewalk cafes.

19.04.063    Application for street use permit—Produce markets.

19.04.064    Performance bond, insurance, other requirements.

19.04.065    Conditions of street use permit—Sidewalk cafes.

19.04.066    Conditions of street use permit—Produce markets.

19.04.067    Fee for street use permits.

19.04.068    Violation of Sections 19.04.060 through 19.04.067—Penalties.

19.04.069    Special regulations for sidewalk use of a portion of Park Lane and 120th Ave. NE.

19.04.080    Off-premises motorist service directional signs.

19.04.081    Street use permit required.

19.04.082    Services qualifying for off-premises directional signs.

19.04.083    Installation and maintenance of off-premises directional signs.

19.04.084    Placement and orientation of off-premises directional signs.

19.04.085    Sign framework—Number of signs.

19.04.086    Sign face.

19.04.087    City may terminate the program.

19.04.100    Permit for private use of waterfront street end.

19.04.110    Violations and enforcement.

19.04.010 Obstructions in right-of-way.

It is a simple crime for any person to drop, deposit, leave or permit to be deposited upon a street or sidewalk or within other portions of the public right-of-way any object, structure, construction material, equipment or other natural or artificial thing which obstructs or tends to obstruct vehicles or persons traveling thereon; except as provided in Section 19.04.050 or otherwise authorized by city ordinance or specific permission of the city.

Such a deposit is a public nuisance. As an alternative to, or in addition to, issuance of a criminal citation or notice of civil violation pursuant to Chapter 1.12 for violation of this section, the city may take such action as may be necessary to abate the nuisance. Whenever the nuisance poses a present danger, the city has the authority to cause its immediate removal.

Any person violating this section shall be liable to the city for the costs of the removal of the nuisance. (Ord. 4280 § 6, 2011: Ord. 3761 § 1 (part), 2000: Ord. 3006 § 1, 1987)

19.04.020 Obstruction of fairway.

Subject to Sections 14.16.020(b) and 14.16.030, it shall be unlawful to anchor, affix or moor any vessel, as defined in Section 14.08.170, to any pier, as defined in Section 14.08.130, within a fairway, as defined in Section 14.16.020(b), or to any pier that is connected to such fairway. (Ord. 3840 § 6, 2002)

19.04.050 Private use of street right-of-way or fairway without permit prohibited.

It is unlawful for any person to either temporarily or permanently use or utilize any portion of a street right-of-way (whether or not improved and including sidewalk or walkway) or fairway, as defined in Section 14.16.020(b), for personal use, place of business or other private use, without first obtaining from the city a street use permit; provided, however, that this section shall not be construed to prohibit the incorporation of the unused right-of-way portion of an improved street into the landscaping design of the abutting private property. (Ord. 3840 § 7, 2002: Ord. 3761 § 1 (part), 2000: Ord. 2725 § 1, 1983)

19.04.060 Street use permit—Sidewalk cafes and produce markets—Policy.

It is the policy of the city of Kirkland that sidewalks are primarily to provide safe and convenient pedestrian use by the general public. Limited secondary uses may be considered for cafe tables, and retail sales of produce (including fruits, vegetables, flowers, live plants, and similar agricultural goods) only to the extent that such uses promote and display Kirkland business districts as pedestrian and people-oriented areas. (Ord. 3761 § 1 (part), 2000: Ord. 3027 § 1 (part), 1987)

19.04.061 Street use permit—Required.

A street use permit, allowing a portion of a public right-of-way to be used as a sidewalk cafe or produce market, or allowing a fairway, as defined in Section 14.16.020(b) to be used as a pier, as defined in Section 14.08.130, is required for any such private use of a public right-of-way or fairway. Such street use permit shall be valid from January 1st through December 31st of the year in which the permit may be issued. The director of public works has authority to issue the permit for the use of a public right-of-way as a sidewalk cafe or produce market, provided the criteria set forth in Sections 19.04.060 through 19.04.068, inclusive, are met, and to otherwise deny the permit. The city council has authority to issue the permit for the use of a fairway as a pier. (Ord. 3840 § 8, 2002: Ord. 3761 § 1 (part), 2000: Ord. 3061 § 1, 1987: Ord. 3027 § 1 (part), 1987)

19.04.062 Application for street use permit—Sidewalk cafes.

The owner of a cafe or other food service establishment providing on-premises consumption of food or beverage, may apply for a street use permit to use a portion of the public sidewalk abutting such establishment, provided the application includes and provides for the following standards:

(a)    A minimum six-foot-wide, unobstructed general public pedestrian corridor;

(b)    The table area of the permit to be fenced off from the pedestrian corridor by rope stanchions, portable planters, or similar device approved by the city;

(c)    A single opening through the fencing for customer entry;

(d)    Applicant to provide one or more approved trash receptacles and one or more ash trays;

(e)    The design and character of all street furniture to be subject to approval by the city;

(f)    The table area limited to the portion of the sidewalk immediately adjacent to the occupied business frontage;

(g)    Table area to be of sufficient size and configuration to provide internal customer and food service circulation. (Ord. 3761 § 1 (part), 2000: Ord. 3027 § 1 (part), 1987)

19.04.063 Application for street use permit—Produce markets.

The owner of a retail produce market establishment within the central business district may apply for a street use permit to use a portion of the public right-of-way abutting such establishment, provided the application includes and provides for the following standards:

(a)    A minimum six-foot-wide, unobstructed general public pedestrian corridor;

(b)    No off-premises advertising signs or displays;

(c)    The design and character of all street furniture shall be subject to approval by the city and in keeping with the design and character of the area. All improvements shall be easily moveable;

(d)    Outdoor display and sales area limited to the portion of the right-of-way immediately adjacent to the occupied business frontage;

(e)    If a public parking stall is proposed for use for outdoor display or sales, the following standards apply:

(1)    Not more than one public parking stall within three hundred feet on the same side of the street may be used at any one time. If multiple applications are received within three hundred feet, the use of any public parking stalls shall rotate between the applicants every six months with the order following the date the applications are received.

(2)    The applicant shall submit a written agreement for the use of the public parking stall from seventy-five percent of all ground floor retail tenants within one hundred feet on the same side of the street.

(3)    The department of public works shall review and may deny the proposal for traffic and pedestrian safety concerns. (Ord. 3761 § 1 (part), 2000)

19.04.064 Performance bond, insurance, other requirements.

Prior to issuance of the street use permit, the applicant shall file with the city the following:

(a)    An agreement, approved by the city, wherein the applicant agrees to defend, save, and hold harmless the city of Kirkland;

(b)    The permittee shall obtain, at its sole expense, comprehensive liability insurance, with limits of not less than three hundred thousand dollars per occurrence, and shall provide the city with satisfactory proof of continued insurance coverage during the life of the permit. Such insurance shall include the city of Kirkland as an additional named insured;

(c)    File with the city, on a form approved by the city attorney, a performance bond issued by a surety company licensed to do business in the state of Washington. Such bond shall be in the amount of one thousand dollars and conditioned upon the permittee faithful performance of all conditions and requirements of the permit. (Ord. 3761 § 1 (part), 2000: Ord. 3027 § 1 (part), 1987)

19.04.065 Conditions of street use permit–Sidewalk cafes.

A street use permit for a sidewalk cafe, when issued, shall be subject to the following conditions:

(a)    No alcoholic beverage may be served or consumed within the permit area, except under the following conditions:

(i)    The fencing required by Section 19.04.062(b) shall be a three-and-one-half-foot high barrier;

(ii)    Alcoholic beverages may only be served in conjunction with the consumption of meals; alcoholic beverages shall not be carried or taken from the permit area;

(iii)    All Liquor Control Board regulations, including regulations relating to “extended outside service areas” shall be adhered to;

(iv)    A breach of any of the foregoing conditions shall be grounds for immediate suspension of the permit pursuant to subsection (j) of this section;

(b)    The entire sidewalk, including both the permit area and the unobstructed pedestrian corridor, plus a distance of fifty feet either side thereof, shall be maintained in a clean and litter-free condition and shall be cleaned by the permittee not less often than once daily;

(c)    No food preparation shall take place within the permit area;

(d)    No food service or other activity shall be carried on by the permittee from or within the pedestrian corridor;

(e)    No product displays shall be placed within the permit area;

(f)    No off-premises advertising signs or displays;

(g)    Trash receptacles and ash trays shall be cleaned and emptied as required, but not less often than once a day;

(h)    No animals shall be allowed within the permit area, except guide dogs for the blind and deaf;

(i)    Any violation of the foregoing conditions shall constitute grounds for immediate revocation of the permit;

(j)    The city may, and reserves the right to, temporarily or permanently suspend a street use permit during the course of areawide special events or in the interest of the public health, safety and welfare. (Ord. 3761 § 1 (part), 2000: Ord. 3061 § 2, 1987; Ord. 3027 § 1 (part), 1987)

19.04.066 Conditions of street use permit—Produce markets.

A street use permit for a produce market, when issued, shall be subject to the following conditions:

(a)    The entire area, including both the permit area and the unobstructed pedestrian corridor, plus a distance of fifty feet either side thereof, shall be maintained in a clean and litter-free condition and shall be cleaned by the permittee not less often than once daily;

(b)    The area and improvements shall be maintained in a manner complementary to a quality pedestrian-oriented business district;

(c)    The following conditions apply if a public parking stall is proposed for use for outdoor display or sales:

(1)    All materials shall be removed from the public parking stall and the stall made available any time the use is closed for more than twenty-four consecutive hours;

(2)    For the period between May 1st and October 1st, no public parking stalls may be used unless the applicant provides a clearly marked replacement public parking stall within a private parking lot. The replacement stall shall be visible from the right-of-way and within three hundred feet of the public parking stall used by the applicant;

(d)    Any violation of the foregoing conditions shall constitute grounds for immediate revocation of the permit;

(e)    The city may, and reserves the right to, temporarily or permanently suspend a street use permit during the course of areawide special events or in the interest of the public health, safety and welfare. (Ord. 3761 § 1 (part), 2000)

19.04.067 Fee for street use permits.

At the time of filing the application for a street use permit, the applicant shall pay to the city a street use permit fee, calculated at the rate of forty-five cents per square foot of permit area, plus an administrative fee as established by Section 5.74.070. (Ord. 3761 § 1 (part), 2000: Ord. 3027 § 1 (part), 1987)

19.04.068 Violation of Sections 19.04.060 through 19.04.067—Penalties.

Any violation of the provisions of Sections 19.04.060 through 19.04.067, which would also constitute a violation of Section 19.04.010, may be enforced by the police department, through the issuance of ordinance violation citations, or other enforcement remedies provided for in Section 19.04.010. In addition, city staff may issue a notice of civil violation pursuant to Chapter 1.12. (Ord. 4280 § 7, 2011: Ord. 3761 § 1 (part), 2000: Ord. 3027 § 1 (part), 1987)

19.04.069 Special regulations for sidewalk use of a portion of Park Lane and 120th Ave. NE.

(a)    The regulations set forth in this section apply to the Park Lane right-of-way between Lake Street and Main Street and 120th Ave. NE between NE Totem Lake Way and NE 128th Street.

(b)    Establishments with approved sidewalk cafes on Park Lane or 120th Ave. NE may utilize surface demarcations to delineate the sidewalk cafe area from the adjoining pedestrian corridor. Any establishment seeking to utilize surface demarcations in lieu of a fence or other vertical barrier shall comply with all applicable Washington Liquor and Cannabis Board regulations, including but not limited to WAC 314-02-130. This section supersedes Sections 19.04.062(b) and 19.04.065(a)(i).

(c)    An establishment with an approved sidewalk cafe shall allow a minimum five-foot-wide unobstructed pedestrian corridor adjacent to the sidewalk cafe area. This section supersedes Section 19.04.062(a).

(d)    A retail establishment may use up to three feet of space along its building frontage to display retail products for sale. A retail establishment shall maintain a minimum six-foot-wide unobstructed pedestrian corridor adjacent to the retail display area.

(e)    Except as provided in this section, the provisions of Sections 19.04.060 through 19.04.068 apply to all sidewalk uses.

(f)    The minimum height for umbrellas and other shade devices shall be seven feet in order to provide unobstructed passage for pedestrians.

(g)    The director of public works shall have the authority to approve administrative regulations that supplement the regulations set forth in this section. Any supplementation of these regulations shall be based on the city’s observations and experience with respect to implementation of this section. The city shall promptly notify affected establishments of any supplementation of the regulations in this section. (Ord. 4618 § 1, 2017: Ord. 4517 § 1, 2016)

19.04.080 Off-premises motorist service directional signs.

RCW Chapter 47.42 as amended by Chapter 114, Washington Laws of 1986, permits the placement of motorist service informational signs along Washington Interstate Highways, subject to certain conditions; one of which is permission from the local government to place necessary, supplemental directional signing on local streets. Sections 19.04.080 through 19.04.087 set forth the standards required for permission to place off-premises supplemental directional signs on local city of Kirkland streets. (Ord. 2981 § 1 (part), 1986)

19.04.081 Street use permit required.

A street use permit issued by the department of public works is required for any off premises supplemental directional sign erected in city of Kirkland rights-of-way. The street use permit shall be valid for not more than five years and be subject to application for renewal. The director of public works has authority to issue the permit, provided the proposed signing is consistent with the standards set forth in Sections 19.04.080 through 19.04.087, inclusive, and to otherwise deny the permit. The decision of the director shall be final unless appealed to the city hearing examiner. Such appeal shall be carried out pursuant to the provisions of Chapter 152, Ordinance 2740 (Process IIB). (Ord. 2981 § 1 (part), 1986)

19.04.082 Services qualifying for off-premises directional signs.

The businesses which may be displayed on off-premises supplemental directional signs under the provisions of this chapter shall be limited to the following:

(1)    The business must be eligible for and have received authorization from the Washington Department of Transportation for inclusion within their motorist service business signs program authorized by RCW 47.42.046 and 47.42.047.

(2)    The business premises must be within the corporate limits of the city of Kirkland or the owner of such premises must have filed with the city of Kirkland, pursuant to RCW 35A.14.120, a petition for annexation of such premises, which petition shall have been signed by the owners of not less than seventy-five percent of the assessed value of the area described in said petition for annexation.

(3)    The business premises must be located within one quarter mile of Interstate Highway I-405. (Ord. 2981 § 1 (part), 1986)

19.04.083 Installation and maintenance of off-premises directional signs.

The requirements and standards for installation and maintenance of off-premises directional signs shall be as follows:

(1)    All costs for fabrication and installation of the sign framework shall be borne by the first business or businesses to utilize the sign framework.

(2)    Each business owner shall pay to the city a fee, which shall be in an amount calculated to pay for maintenance of the sign and framework for a five-year period, plus normal administrative costs.

(3)    Each business owner shall sign a legal document which acknowledges city ownership of the signs and framework and authorizes the city to remove such sign or signs if the business ceases to operate for ten consecutive days, or if the business ceases to comply with the Washington State Department of Transportation guidelines for its motorist service business signs program or the local guidelines established in this chapter, or if the city decides to discontinue the off-premises directional sign program established by this chapter. (Ord. 2981 § 1 (part), 1986)

19.04.084 Placement and orientation of off-premises directional signs.

Placement and orientation of off-premises directional signs shall be as follows:

(1)    Signs shall be placed within the right-of-way, unless an easement can be acquired.

(2)    No signs shall be placed so as to obscure sight visibility at intersections.

(3)    The signs shall be placed so as to minimize clutter relative to either public or private signs in the vicinity.

(4)    The city will require the use of a sign framework as specified in this chapter for two or more signs at a given location. Single sign faces may be placed attached to utility poles if the city deems it appropriate.

(5)    Signs and sign frameworks shall be installed only in places designated by the director of the department of public works. No more than one sign framework may be placed at any intersection approach unless the city determines that it would not create unreasonable clutter to do so. (Ord. 2981 § 1 (part), 1986)

19.04.085 Sign framework—Number of signs.

The standards for sign frameworks and the number of individual signs appearing on a framework shall be as follows:

(1)    No more than six sign faces may appear on a single framework.

(2)    Signs are to be affixed to a pedestal style framework similar in configuration to the framework shown on attachment “A” to the ordinance codified in this section and by this reference incorporated herein.

(3)    The framework posts are to be four inches by four inches, wood with black finish, measuring nine feet above grade and spaced three feet six inches apart.

(4)    The posts are to be placed in concrete footings. (Ord. 2981 § 1 (part), 1986)

19.04.086 Sign face.

The standards for the face of an off-premises directional sign shall be as follows:

(1)    No sign face shall exceed nine inches by forty-two inches.

(2)    The logo of each business shall not exceed seven inches by seven inches and shall appear at the left margin.

(3)    The lettering shall be white in sans serif style with the upper case lettering not larger than three inches.

(4)    The background of the sign shall be a blue that matches the State Motor Service Business Information panels. (Ord. 2981 § 1 (part), 1986)

19.04.087 City may terminate the program.

The city council may discontinue the off-premises directional sign program established by this chapter at any time. At such time as the program may be discontinued, all permits issued hereunder shall automatically terminate. (Ord. 2981 § 1 (part), 1986)

19.04.100 Permit for private use of waterfront street end.

(1)    Purpose. The city’s overall policy with respect to waterfront street ends is that public use is the best use of such street ends. However, in cases where public use is not currently possible or feasible, the city may authorize private use of waterfront street ends by abutting owners through the issuance of permits under this section.

(2)    Definitions.

(a)    “Abutting property” means property abutting a waterfront street end.

(b)    “Director” means the director of the department of public works, or his or her designee.

(c)    “Waterfront street end” means the land portion of a right-of-way that provides, or could provide, the public with visual or physical access to a body of water and its shoreline.

(3)    Permit Required. A waterfront street end permit is required for any private use of a waterfront street end in the city of Kirkland. No person shall make private use of a waterfront street end without obtaining a waterfront street end use permit. An abutting property owner is not required to obtain a waterfront street end permit if the abutting property owner removes any improvements or visual or physical barriers to entry that hinder, discourage or prevent access to the waterfront by the public.

(4)    Application Requirements. The owner of abutting property shall apply for a waterfront street end use permit on a form to be provided by the department of public works. All applications shall contain all information reasonably requested by the city and a map or diagram depicting the existing conditions of the portion of the waterfront street end being used and any proposed changes to the waterfront street end.

(5)    Permit Term. Permits issued under this section shall have a term of one calendar year beginning with the year 2005.

(6)    Permit Fee. The permit fee for the year 2005 shall be six hundred twenty-five dollars. In subsequent years, the director may increase the yearly permit fee in an amount equal to or less than three percent of the yearly permit fee for the previous year.

(7)    Permit Conditions. The director may attach reasonable conditions to a waterfront street end use permit.

(8)    Termination of Permit. The city may terminate a waterfront street end permit on one hundred twenty days’ written notice to the abutting property owner. In the event of termination, the abutting owner shall remove any improvements he or she has in the right-of-way that are inconsistent with the public’s ability to use the right-of-way. The abutting owner shall be responsible for all costs associated with removal of his or her improvements.

(9)    Maintenance. The abutting owner shall be responsible for maintaining the portion of the waterfront street end abutting his or her property and any improvements located on the waterfront street end. (Ord. 3958 § 1, 2004)

19.04.110 Violations and enforcement.

In addition to the remedies provided for in this chapter and remedies that may otherwise be available at law, any violation of this chapter may be enforced against pursuant to the provisions of Chapter 1.12. (Ord. 4280 § 8, 2011)