The purpose of this chapter is to establish minimum rules and regulations relating to public property use, to include: uses associated with public property development, uses of streets, parks, sidewalks, public property, public rights-of-way, and other public places for private purposes, and to provide for enforcement.
(Ord. 1598 NS § 1, 2017)
The ordinance codified in this chapter is enacted to protect and preserve the public health, safety, and welfare. It will limit city liability, avoid gifting and minimize conflicts. Its provisions shall be literally construed for the accomplishment of these purposes except as below defined.
"Expressive activity"
includes conduct the sole or principal object of which is the expression, dissemination or communication by verbal, visual, literary or auditory means of opinion, views or ideas and for which no fee or donation is charged or required as a condition of participation in or attendance at such activity. For purposes of this chapter, expressive activity does not include sports events, fundraising events, or events the principal purpose of which is entertainment.
"Sidewalk"
means that property between the curb lines or the lateral lines of a city street and the adjacent property, set aside and intended for the use of pedestrians or such portion of private property parallel and in proximity to a city street and dedicated for use by pedestrians.
"Special event"
means:
1. 
A temporary, intermittent or ongoing activity organized by any individual or organization that affects the ordinary use of parks, public streets, rights-of-way, sidewalks, traffic, etc., and will generate or invite considerable public participation and/or spectators.
2. 
An event that is reasonably expected to have a substantial impact on a park or other public place.
3. 
Any event or activity (excluding organized amateur sporting events such as little league baseball, amateur soccer, etc.) which is organized primarily for the purpose of promoting cultural, artistic or entertainment endeavors, including, but not limited to, arts and crafts fairs, cultural exhibitions, vocal or instrumental concerts, shows, festival or camps and which is open to members of the public for observation or participation and/or uses all or any part of any city park or public right-of-way. The term "special event" does not include public service instructional classes.
"Use"
means and includes, but is not limited to, the following types of uses: to conduct a parade or other similar event upon any public place; to operate any sidewalk display, cafe, or restaurant, or any food cart or other similar vending unit upon any public place; to construct, store, erect, place, maintain, or operate in, upon, over, or under any public place any sidewalk cafe, food cart, or restaurant, staging, scaffold, structure, or material, machinery, or tools used or to be used in connection with the erection, alteration, repair, or painting of any building; or to move any building across or along any public place; or to use or occupy any public place for the storage or placement of any material, equipment, or thing; or to allow any vehicle to be upon that portion of roadway designated as parking or curb space for purposes of selling or soliciting in addition to merely parking; or to open, excavate, or in any manner disturb or break the surface or foundation of any permanent pavement of a public place; or to alter the established grade of any street; or to disturb the surface of, dig up, cut, excavate, or fill in any public place; or to construct, reconstruct, maintain, or remove any sidewalk or crosswalk, pavement, sewers, water mains, grading, street lighting, or appurtenances thereto, except when permitted by ordinance; or to do any work in, or erect any structure under, along, or over, any public place and other such uses.
"Vendor"
shall mean any person, association, group, partnership, corporation or firm who exhibits goods or services in a public market provided through a duly licensed sponsor, for the purpose of selling, bartering, trading, exchanging or advertising such goods or services for sale.
(Ord. 1598 NS § 1, 2017)
A. 
It shall be unlawful for anyone to use any public place for private purposes without having first obtained a use permit from the building and planning office or designee as required in this chapter and without complying with all the provisions of this chapter.
B. 
Exemptions. The following activities are exempt from the requirement to obtain a permit under this chapter:
1. 
Activities conducted by a government agency acting within the scope of its authority.
2. 
Funeral processions operated by a licensed mortuary, weddings, and reunions.
3. 
Expressive activities that are conducted outside the traveled way.
4. 
Minor encroachments as allowed or required under CMC Title 16 or 17.
5. 
Construction or repair activities or emergency access in the traveled way where use of the traveled way is necessary for construction or repair or for emergency access.
6. 
A homeowner may temporarily store landscaping materials for up to 72 hours without a permit in compliance with the following:
a. 
The homeowner may only store materials on right-of-way on a nonarterial street abutting the homeowner's home provided the street and/or sidewalk is not constructed of permeable material;
b. 
No stored material may encroach into a travel lane;
c. 
At least five feet of clear space must be maintained for pedestrian passage on any affected sidewalk, or on the roadside where there is no sidewalk;
d. 
The stored material must not damage the public infrastructure.
7. 
City sponsored or otherwise agreed use of game courts, pools or other amenities.
C. 
Additional permits for any right-of-way use may be required by other city code provisions or ordinances even if they are exempt from the requirements of this chapter. In addition:
1. 
Any activity in the right-of-way shall comply with traffic control required per Chapter 47.36 RCW and the adopted WSDOT MUTCD.
2. 
Any private land use development activity or expansion that, if conducted on private property, would be governed by CMC Titles 12, 16, and 17 shall be required to obtain approval under those titles for the proposed use of the right-of-way as approved under this chapter.
(Ord. 1598 NS § 1, 2017)
The planning official is authorized to:
A. 
Administer and coordinate the enforcement of this chapter and all procedures adopted under it relating to the use of public property;
B. 
Issue, deny, or revoke use permits pursuant to the procedures established in this chapter;
C. 
Promulgate policies and procedures necessary for administration of this chapter;
D. 
Enforce the provisions of this chapter and all the procedures adopted relating to the use of public property;
E. 
Carry out such other responsibilities as required by this chapter;
F. 
Delegate any or all functions under this chapter; and
G. 
Request the assistance of other city departments to administer and enforce this chapter.
(Ord. 1598 NS § 1, 2017)
No person shall sell, offer for sale, solicit orders, rent, lease, or otherwise peddle from a fixed publicly owned property, using a mobile cart, using a vehicle, or by any other mobile method, without first obtaining a vending permit as follows:
A. 
Permit Application. In addition to the information required by this chapter, the applicant must provide to the planning official or designee at minimum the following before a vending permit can be issued:
1. 
Submit the name, home and business addresses of the applicant, and the name and address of the owner, if other than the applicant, of the vending business or sidewalk vending unit to be used in the operation of the vending business.
2. 
Submit an accurate drawing showing the public area to be used, along with plans detailing the design and size of the vending unit to be used.
3. 
Procure and maintain liability insurance naming the city of Colville in the amount of $1,000,000.
B. 
Location Review. Upon receipt of an application for a permit or permit renewal, the planning official shall review the location to determine if it is suitable for vending. In making this determination, the planning official shall consider the following criteria:
1. 
The permit operating area should not be in an established residential district.
2. 
The use of the vending devices must be compatible with and must not unreasonably interfere with the public interest in the use of the public ways as public rights-of-way.
3. 
In the event that two or more applications for the same location are received, the earliest application, if approved, shall be awarded the location.
4. 
The location shall be compatible with the goals of the comprehensive plan and complement the neighborhood where located.
C. 
Health and Safety Standards.
1. 
Vendors of food and beverages shall comply with all standards established by Washington State law. The sale of any raw meat, fish or poultry product is prohibited unless approved in writing by the Northeast County Tri County Health District or the Washington State Liquor and Cannabis Board.
2. 
All sidewalk vending units in which food or beverage preparation occurs shall be inspected and approved by the city fire department or designee to assure compliance of any cooking or heating apparatus with the following provisions:
a. 
Deep fat, oil, or grease cooking processes employing heated liquid shall be protected by a fire extinguishing system approved by the fire department. Processes involving heated fat, oil, grease, or liquids other than water shall be shielded from the public.
b. 
Processes requiring flammable gas, liquid, or solid fuels shall not be permitted, unless approved by the fire department. LPG containers shall be limited to no more than five gallons' capacity, and no more than one container per cart or vendor display.
c. 
Storage of extra fuel is prohibited in the area of vending, or in any buildings, except as permitted by the fire department.
d. 
Vendors using open-flame cooking where steaks, hamburgers, sausages, hot dogs, or other products producing grease-laden vapors are cooked shall not be stationed beneath the awning or canopy of a building. Exception may be made when evidence is presented satisfying the fire department that no special threat is imposed to the building or awning by virtue of vendor location.
e. 
Pressure-cooking appliances shall be prohibited.
f. 
An ABC type fire extinguisher is required in all vending carts using open-flame cooking or cooking products producing grease-laden vapors.
D. 
Conditions. Any person operating as a vendor is required to obtain a peddler's permit pursuant to this chapter and shall be subject to the following conditions:
1. 
All vendors must display, in a prominent and visible manner, the peddler's permit issued by the city treasurer under the provisions of this chapter.
2. 
The height of the vending unit, excluding canopies, umbrellas, or transparent enclosures, which must be approved by the planning official, shall not exceed five feet and the vending unit must be capable of being pushed by one person.
3. 
The vending site must be clean and orderly at all times, and the vendor must provide a refuse container for use by patrons.
4. 
No merchandise shall be displayed using street furniture (planters, street lights, trees, trash containers, etc.) or placed upon the sidewalk unless explicitly approved by city officials. In addition, sales of merchandise shall not be allowed from a vehicle.
5. 
Vendors shall not hinder use of any mailbox, fire alarm, fire hydrant (including automatic sprinklers or standpipe connections), newspaper vending machine, waste receptacle, bench, transit stop, or traffic signal.
6. 
Vendors shall obey any lawful order from a police officer or fire department official during an emergency or to avoid congestion or obstruction of the sidewalk.
7. 
No vendor shall make loud noises or use mechanical audio or noise-making devices or hawk to advertise his or her product.
8. 
No licensed sidewalk vending unit shall be left unattended on a sidewalk.
9. 
Utility service connections are not permitted, except electrical, when provided by the owner of the abutting property. Electrical lines are not allowed overhead or lying in the pedestrian portion of the sidewalk.
10. 
Signs, banners and/or streamers may be attached or placed within 10 feet of the vending unit for the purpose of advertising or identifying the vending unit. As determined by the planning official, such signs, banners, and/or streamers shall be situated so as to not unreasonably obstruct views of neighboring property or create a public safety hazard.
E. 
Long Term Use. Vendors or food trucks with permanent use requirements (affixed fencing, or fixtures) may be required to enter into lease agreement with the city of Colville.
(Ord. 1598 NS § 1, 2017)
No person may operate a sidewalk cafe without a permit from the planning official as follows:
A. 
Permit Application. In addition to the information required by this chapter, an applicant must provide the following, at minimum, before a sidewalk cafe permit can be issued:
1. 
The anticipated periods of use during the year and the proposed hours of daily use, including Saturdays, Sundays, and holidays;
2. 
Whether any liquor, as defined in RCW 66.04.010, will be sold or consumed in the area to be covered by the permit; and
3. 
Procure and maintain liability insurance naming the city of Colville as an additional insured in the amount of $1,000,000.
B. 
Terms and Conditions.
1. 
The planning official may issue a permit for use of a sidewalk for sidewalk cafe purposes in the event and to the extent that he or she determines that:
a. 
The applicant is the owner or occupant of the abutting property and operates a cafe, restaurant, or tavern thereon;
b. 
The location of the sidewalk cafe shall not reduce or obstruct pedestrian passage on the sidewalk. Furthermore, such placement shall be consistent with any applicable standards established by the Americans with Disabilities Act; and
c. 
The proposed sidewalk cafe area is included within a food-service establishment permit issued by the Northeast Tri County Health District or has otherwise been authorized by said agency.
2. 
The planning official may include such terms and conditions in the permit as the planning official may deem appropriate, including but not limited to:
a. 
Restrictions as to the number and placement of tables and chairs and as to the hours and dates of use;
b. 
A requirement that the area be cleared when not in use as a sidewalk cafe, or upon the order of the planning official or other appropriate city officer such as the chief of police or fire chief or their authorized representatives;
c. 
Provisions that the permittees shall maintain the sidewalk in a clean and safe condition for pedestrian travel;
d. 
A requirement that the applicant clear the sidewalk as may be necessary to accommodate deliveries to abutting or other nearby properties;
e. 
Regulations upon lighting and illumination of the sidewalk cafe, limitations upon noise, and restrictions upon the placement of furniture or equipment used in connection with the sidewalk cafe;
f. 
If the sidewalk cafe causes a change in pedestrian travel patterns, appropriate modifications to the sidewalk in the immediate vicinity in order to accommodate the change or to assure compliance with the Federal Americans with Disabilities Act;
g. 
Restoration of the sidewalk upon completion of the use;
h. 
May require applicant to notify adjacent property owners of the event.
3. 
Unless expressly authorized by the planning official, no pavement shall be broken, no sidewalk surface disturbed, and no permanent fixture of any kind shall be installed in or on sidewalk area in connection with a sidewalk cafe.
4. 
The planning official may suspend or revoke the permission granted if an applicant violates this chapter, any implementing rules, or the terms and conditions of the permit.
C. 
Liquor. Liquor, as defined in RCW 66.04.010, as now existing or hereinafter amended, may be used and sold at a sidewalk cafe when authorized in both the use permit and provided for in this chapter and by permit of the Washington State Liquor and Cannabis Control Board, and not otherwise.
D. 
Sidewalk Condition. The applicant shall comply with the terms and conditions of the sidewalk cafe permit issued, shall maintain the sidewalk in a clean and safe condition for pedestrian travel, and shall immediately clear the sidewalk area when ordered to do so by the planning official or other appropriate city officer such as the chief of police, fire chief or their authorized representatives.
E. 
Long Term Use. Sidewalk cafes with permanent use requirements (affixed fencing or chairs) may be required to enter into lease agreement with the city of Colville.
(Ord. 1598 NS § 1, 2017)
The owner or manager of a business upon abutting property making retail sales to the public may, without a permit, display on a public sidewalk goods or wares that are being offered for sale inside the business. Sidewalk displays are subject to rules of the planning official, and the following criteria:
A. 
The location of the sidewalk display shall not reduce or obstruct pedestrian passage. Furthermore, such placement shall be consistent with any applicable standards established by the Americans with Disabilities Act.
B. 
The display must be flush against the building of the abutting property and must leave entrances and driveways clear.
C. 
The display must be removed during those hours that the business is closed. If the display is in place before sunrise or after sunset, the display must be lighted and readily visible to passing pedestrians on the sidewalk.
D. 
The display may not contain liquor, tobacco, firearms, munitions, or any article which a minor is prohibited by law from purchasing, or any material restricted by the fire code from direct access or handling by the public.
E. 
The display must be removed any time the planning official, chief of police, public works director, or fire chief determines that a clear sidewalk is needed and requests removal for use of travel or transportation, street cleaning or maintenance, street utility work, a crowd control event or parade, or an emergency.
F. 
The city assumes no responsibility for the items on display, irrespective of whether the loss occurs through accident, collision, vandalism, theft or otherwise.
(Ord. 1598 NS § 1, 2017)
A. 
The city may permit the closure of a portion of a street or road within the boundaries of the city. No closure of any street or road of any duration in time or length shall occur except in accordance with a permit issued by the planning official, and such other laws or regulations which may be applicable.
B. 
The planning official may issue a permit for closure of such street or road if such closure furthers the general health, safety and welfare of the citizens. The planning official is authorized to require that issuance of the permit is dependent upon fulfillment of such conditions as are necessary to ensure the closure is carried out in a safe, uniform and reasonable manner, including but not limited to:
1. 
The execution of a written agreement regulating access to the street by emergency vehicles and local residents during the closure.
2. 
Procurement and posting of a bond, cash and/or proof of insurance in an amount sufficient to ensure payment for damages and/or all cleanup costs associated with the closure.
3. 
Use of city-approved signs and barricades for the closure.
(Ord. 1598 NS § 1, 2017)
The planning official may issue a master use permit for special events and other instances involving multiple uses and/or users under this chapter. In such case, the planning official in consultation with the city attorney shall have the discretion to determine the amount of insurance that will be required depending on the risks associated with the level of uses under the permit. The planning official shall also have the discretion to modify the conditions of this chapter for the use(s) applied for as deemed appropriate in order to consolidate uses or accommodate multiple users under a master use permit.
(Ord. 1598 NS § 1, 2017)
A. 
To obtain a permit under this chapter, the person shall file an application on a form furnished by the city for that purpose. Every application shall, where applicable:
1. 
Identify the property by legal description and address for which a permit is being sought or an accurate description of the public place or portion thereof desired to be used.
2. 
Provide the use desired to be made of such public place by the applicant.
3. 
Provide the name, address, email, and telephone number of the applicant.
4. 
For special event permits to the extent required by the planning official, provide at minimum:
a. 
A detailed description of the activity, class or event sought to be held or conducted, together with an estimate of the number of people who will be or are expected to be involved, either as participants or observers; including description of shelter, temporary structures to be erected, booths, and signs.
b. 
The date or dates upon which such activity, event or class is sought to be held or conducted.
c. 
The provisions which the applicant has made or intends to make for the cleanup and recycling of all litter, refuse/garbage and other materials deposited or left in the city park or public right-of-way as a result of or as occasioned by the proposed activity, class or event.
5. 
Provide other information as required to the planning official.
6. 
Be signed by the owner or the agent of the applicant.
B. 
To obtain a public property use permit, the applicant shall file an application with the planning official not more than one year prior to the date of the commencement of the proposed use and not less than 60 days.
(Ord. 1598 NS § 1, 2017)
A. 
The planning official shall examine each application submitted to determine if it complies with the provisions of this chapter. The planning official may also submit the application to other city departments such as the fire, police, parks, recreation, treasurer, streets, and public works departments for review and comment. In order to ascertain any facts which may aid in determining whether a permit shall be granted, the planning official may inspect the premises which are desired to be used under the permit.
B. 
If after review of the application the planning official finds that the application presented to him or her for approval conforms to the requirements of this chapter and that the proposed use of such public place will not unduly interfere with the rights of the public or unduly interfere or compete with uses on abutting public or private property or otherwise constitute a threat to the health, safety and welfare of the public, then the official may approve such application.
(Ord. 1598 NS § 1, 2017)
A. 
Every permit issued under this chapter shall be issued conditioned upon and subject to the right of the city to restrict, suspend, or revoke the permit.
B. 
Permits issued for special events or occurrences, such as festivals or street closures, shall expire on the date established by the planning official as the ending date of the event or occurrence.
C. 
All other permits issued pursuant to this chapter, except those permits for which a shorter term is herein specified, shall be effective as of the day the permit is issued and shall expire 12 months from the effective date thereof, unless sooner revoked in the manner provided in this chapter.
D. 
Unless suspended, revoked, or denied as provided in this chapter, and subject to a location review as set forth in this chapter, all permits issued pursuant to the provisions of this chapter may be renewed on or before the date of expiration of such permit. A vendor renewing a permit for a business that has changed the size of the vending area or location, or who has added heating or cooking apparatus since the last application/renewal, must follow requirements for a new application.
1. 
The planning official may renew a use permit upon application by a permittee not fewer than 30 days prior to the expiration of an existing permit and after payment of a renewal fee. The planning official or designee may modify the renewed permit to include terms additional to or different from the terms and conditions in the existing permit. The planning official shall consider the following criteria in determining whether to renew the permit:
a. 
The permittee does not propose any change to the terms and conditions of the then existing permit; and
b. 
There have been no permit violations under the existing permit; and
c. 
Renewal of the permit will not harm the public health, safety, or welfare; and
2. 
The permittee must:
a. 
Submit proof of continued insurance coverage; and
b. 
Submit an updated hold harmless and indemnification agreement; and
c. 
Pay a renewal fee.
E. 
Use permits are not transferable.
(Ord. 1598 NS § 1, 2017)
A. 
The fee to file for a public property use permit shall be $25.00. Where total inspection or permit processing time exceeds two hours, an extra charge shall be invoiced to the applicant at an hourly rate as established by council resolution and the official building and planning department fee schedule.
B. 
Short term (less than seven days per calendar year) use permit grantees shall pay $10.00 per day in addition to permit application fees.
C. 
Long term (greater than seven days per calendar year) use permit grantees shall pay $100.00 per year in addition to permit application fees.
D. 
When work or activity for which a permit would be required by this chapter is commenced or performed without first obtaining that permit, the basic permit fee shall be doubled, but the payment for that fee shall not relieve that person or entity from full compliance with all of the requirements of this chapter in the execution of the work, nor from any other penalties which may be provided for by local, state, or federal law, including criminal penalties.
(Ord. 1598 NS § 1, 2017)
A. 
Pursuant to the provisions of this chapter, the planning official shall have the power and authority to deny the issuance or renewal of any permit applied for or to revoke, suspend, or otherwise restrict any permit issued under this chapter. The planning official shall notify such applicant or permittee in writing, by mail or personal delivery, of the denial of a permit application or the suspension or revocation of an existing permit and the grounds thereof.
B. 
The issuance of a permit for use on a public way is subject to the use and needs of the city and the general public, whether such needs are temporary or permanent and for public or private purposes (i.e., utility construction work in public way by private service provider), and is a grant of a temporary revocable privilege to use a portion of the public way to serve and benefit the general public. The applicant shall have the burden to prove that any proposed use will enhance and further the public interest consistent and not in conflict with the use of the public way by the general public and the city for other authorized uses and activities. All permits granted under the provisions of this chapter may be restricted, suspended, or revoked, without compensation by the planning official, upon 30 days' prior notice when the use and needs of the city and general public are paramount to the applicant's use or the applicant's use does not enhance and further the public interest or is in conflict with the use of the public way. The planning official shall have the discretion to determine priorities of conflicting uses of public places or may deny any or all such uses or proposed uses.
C. 
Any permit issued under this chapter may be suspended or revoked immediately based on one or more of the following grounds:
1. 
Any other license or permit issued pursuant to this chapter has been suspended, revoked, or cancelled.
2. 
The applicant has violated or failed to meet any of the provisions of this chapter or is in violation of any other ordinances or regulation of the city relating to the use by applicant for which the permit is applied for or issued.
3. 
The applicant does not currently have in effect an insurance policy in the minimum amount as specified in this chapter.
4. 
The permit was procured by fraud or misrepresentation of fact or was issued in error or on the basis of incorrect information supplied to the city.
5. 
Health department authorization for the sidewalk food or beverage vending unit is cancelled.
6. 
A sidewalk vending unit is not used within 90 days of its issuance.
7. 
The applicant's use is creating a health or safety hazard or constitutes a public nuisance.
D. 
For permits issued for construction and property development, the following shall also apply:
1. 
Permit Not Obtained. Any work which is commenced or performed prior to obtaining the permit required by this chapter shall be immediately suspended and shall not recommence until the requirements of this chapter have been fully satisfied.
2. 
Stop Work Order. In addition to any remedy provided for in this chapter, the planning official may issue a stop work order whenever a continuing violation of this section will materially impair the planning official's ability to secure compliance, or when a continuing violation threatens the health or safety of the public.
(Ord. 1598 NS § 1, 2017)
Upon denial of issuance or renewal, or revocation, suspension or restriction of a permit, notice of such action shall be delivered, in writing, to the applicant by personal service or certified mail at the address specified by the licensee in the application. Any person aggrieved by the action of the planning official on a permit may within 10 days after notice of said action appeal to the city council by filing with the city clerk a written notice of the appeal, clearly stating the grounds on which the appeal is based. The appeal before the city council will be processed and heard pursuant to Chapter 2.04 CMC. If an appeal is initiated as herein prescribed, a suspension or revocation of a permit shall be stayed, except for a health, fire, or other public safety violation, pending final action by the city council.
(Ord. 1598 NS § 1, 2017)
Any violation of any provision of this chapter constitutes a violation under CMC § 15.04.035 for which a monetary penalty may be assessed and abatement may be required and/or otherwise enforced as provided therein.
(Ord. 1598 NS § 1, 2017)