The purpose of this chapter shall be:
(1) 
To maintain the use of city streets for travel, transportation and incidental authorized purposes, and to retain the use of other public places for the purposes established;
(2) 
To consider the interests of owners and occupants of property adjacent to public places, while respecting the rights of all users thereof;
(3) 
To preserve the appearance of city streets and public places, to carry out design controls in areas subject thereto, encourage improvements that make public places more pleasing; and
(4) 
To establish a process for the review, approval, denial and appeal of permits for uses of the public streets, alleys and other public places so as to ensure the protection of the public health, safety and welfare and the prevention of obstructions and/or public nuisances.
(Ord. 022-16 § 2)
This chapter shall authorize, through a temporary, revocable permit, certain limited use of public alleys, places and streets by private individuals. Newsstands are regulated in POMC § 12.24.190. This chapter shall not apply to the particular uses of city streets and sidewalks that are regulated by the other chapters of this title.
(Ord. 022-16 § 2)
(1) 
Any structure built or material placed or dumped in or on any public place by anyone, without having first obtained and complied with a permit issued under this chapter, may be declared a public nuisance and abated as set forth in the city's public works standards or Chapter 7.48 RCW. Other equivalent proceedings may be taken as are authorized by law or city ordinances.
(2) 
The director may declare that a street tree or any portion of a privately owned tree extending into the right-of-way is a public nuisance if it impacts the safe operations of the transportation system, including but not limited to: impeding signs and signals, or harbors a contagious disease or an insect infestation that threatens the health of other trees or vegetation.
(Ord. 022-16 § 2)
When required by the United States Constitution or the Washington Constitution or a federal or state statute enacted thereunder, the director shall suspend the application of any particular section of this chapter or waive compliance with a requirement, including payment of fees, the provision of an indemnity deposit or contract, and the furnishing of insurance. The director shall maintain a record of all such granted waivers and suspensions.
(Ord. 022-16 § 2)
(1) 
Permit Required. It is unlawful for anyone to make use, as defined in POMC § 12.24.210, of any public place: (a) without first securing a written permit as authorized by this chapter; (b) without complying with all conditions of such permit; and (c) without complying with the city's public works standards. The city public works department is not required to obtain a permit or comply with permit procedures for street maintenance/improvement work performed by the city.
(2) 
Review Procedures. A street use permit is exempt from permit processing procedures in the city's land use regulatory development code (pursuant to RCW 36.70B.140), except where specified within this chapter. The director makes a final decision on the street use permit application without a hearing, which can be administratively appealed as set forth in POMC § 12.24.200. Issuance of a street use permit is not a quasi-judicial decision, and the city is not required to hold an open record or closed record hearing (as defined in RCW 36.70B.020) on any decision.
(3) 
Elements of a Complete Application. A complete street use permit application shall consist of the following:
(a) 
Application Form. A completed street use permit application form, including the applicant's name, address, phone number and email address. If the applicant's designee is completing the application, then an affidavit signed by the applicant must be submitted, verifying that the applicant has given permission to the designee for the submission of the street use permit application;
(b) 
Other Permit Applications. If the street use permit is associated with a proposed project, copies of the related permit applications must be submitted;
(c) 
Identification of the Public Place. The public place or defined portion of the public place to be used must be identified in detail;
(d) 
Identification of the Proposed Use. The application must specifically identify the proposed use of the public place, and provide detail on the amount of space required for the proposed use and the dates proposed for such use;
(e) 
Plans and Specifications. The plans and specifications for any utility or structure proposed in or on the public place;
(f) 
Existing Structures. A plan identifying and locating any existing public improvements, utilities, or structures in the area to be used and any trees that may be affected by the proposed use;
(g) 
Authorization of Property Owner. When the proposed use involves a structural building overhang, a retaining wall, or a permanent method of lateral support, the application shall also be accompanied by documentation showing the individual or entity that is the record owner of the premises served by the proposed use and showing the record owner of the premises consents to the premises being served by the proposed use;
(h) 
Fees. The street use permit fee as established by the city in the fee resolution.
(4) 
Assurances. Before the city issues any street use permit, the applicant will be required to provide certain assurances (deposit of funds, surety bond, indemnification agreement, etc.), as needed, all as described in POMC § 12.24.090 through § 12.24.140.
(Ord. 022-16 § 2)
(1) 
The director shall review each application for a permit for compliance with any applicable codes.
(2) 
The director may require additional information or material when they deem appropriate, including, but not limited to: a map, photographs, construction plans, or a survey of the site; the director may inspect the premises, solicit comments from other abutters or the public, post or require posting of notice at the site inviting comment to the authorized department, or give notice of the submission of a street use permit application according to requirements for an administrative review in POMC Title 20 for notice of application procedure.
(3) 
If an application for a street use permit requires a permit under any other chapter of the city's code, but the other permit application has not been filed with the appropriate department, then the street use permit application shall be sent to the appropriate director/department for review. The director/department with the authority to review the associated permit applications shall send their findings and comments to the director.
(4) 
If the director determines that engineering or other studies should be prepared before a permit is approved, the applicant shall prepare the studies, or authorize the city to prepare the studies at the applicant's expense, before the application will be further processed.
(Ord. 022-16 § 2; Ord. 019-17 § 17; Ord. 017-23 § 1 (Exh. A))
Factors for the director's consideration in evaluating an application for a permit include, but are not limited to:
(1) 
The applicant's constitutional rights;
(2) 
The impact of the proposed use on the following:
(a) 
The paramount purpose of streets for travel and transportation;
(b) 
Utilities; authorized secondary street uses; and any use being made by the public of the site;
(c) 
Fire access and public safety;
(d) 
Uses under permit; street trees; and other proposed or past uses of the site;
(e) 
Rights of light, air, and access and lateral support of abutting properties and on access or easements of properties dependent upon the public place for access;
(f) 
The environment, including but not limited to efforts to minimize impervious surface, loss of native vegetation, and stormwater runoff;
(g) 
Drainage, surface and underground; springs and watercourses; and the stability of soils; and
(h) 
Where applicable, city land use, transportation, open space, shoreline, and beautification policies and approved neighborhood land use plans;
(3) 
The abutter's property rights;
(4) 
The public and private benefits of the proposed use;
(5) 
The site and its terrain;
(6) 
In addition to the considerations listed above, where the following situations occur, factors for consideration include:
(a) 
For public places used as parks or open space, the impact of the proposed use on their character as a park drive or boulevard, or as open space;
(b) 
For shoreline street ends, their purpose to provide the public with visual or physical access to the water and the shoreline;
(c) 
For environmentally critical areas, the requirements of POMC Title 20.
(Ord. 022-16 § 2; Ord. 043-16 § 4; Ord. 019-17 § 17)
(1) 
If the application conforms to the requirements of this chapter, all other applicable codes and the proposed use is consistent with the rights of the public, the director may approve the application; fix the duration and the terms or conditions of the permit; and, when required, upon the applicant's furnishing of a deposit or surety bond, insurance, covenant, and indemnification (as required by POMC § 12.24.090 through § 12.24.140), and payment of all required fees, issue the permit. The original permit shall remain in the custody of the city, and a copy shall be given to the permittee and shall be posted or available at the site.
(2) 
The permit shall specify the portion of the public place that may be occupied, the dates or days and hours of use, and the allowed use. The permit shall only be valid for the portion of the public place, the dates or days and hours of use, and the use as identified on the permit. Every permit shall include the language in POMC § 12.24.150(1) on the face of the permit.
(3) 
Every permit shall be conditioned to state that all activities in the public place shall implement stormwater best management practices (BMPs) in accordance with the city's current stormwater manual, as amended. Failure to implement stormwater BMPs shall be a violation of this title and subject to enforcement.
(Ord. 022-16 § 2; Ord. 043-16 § 4)
Before the city approves a street use permit, the director shall determine the appropriate assurances (as set forth in POMC § 12.24.100 through § 12.24.140) as necessary to assist the city in (1) the collection of expenses charged under this chapter and costs associated with a use under a permit; (2) assure performance of the requirements of this chapter and the covenants or conditions in a permit; (3) place on the permittee the risks associated with the use and provide a degree of financial responsibility in the event of an accident or injury; and (4) restoration of the public place when the permittee's use has been revoked or terminated to at least as good a condition as required by current applicable standards. The city's acceptance of an indemnity deposit/agreement, establishment of an escrow account, a surety bond, or insurance does not limit an applicant's or a permittee's liability to the amount deposited or stated in the instrument. The director, when required to do so by a constitutional provision, or state or federal law, may waive compliance with any of the conditions of POMC § 12.24.100 through § 12.24.140.
(Ord. 022-16 § 2)
(1) 
If the director determines that there is a substantial risk of injury, damage, or expense to the city or probable city expenditures arising from an applicant's proposed use of any public place, the director may require the applicant to make an indemnity deposit with the finance director in an amount based on the director's estimate of the injury, damage, or expense to the city, or cost of restoring the public place if a mishap or accident occurs.
(2) 
The establishment of an indemnity deposit with the city shall provide a source of funds, held by the city, to pay probable city expenditures arising from: (a) a proposed use or restoration of the public place after the use; (b) reimbursement of the city for the time associated with city employees' inspection and code enforcement activities; and (c) ancillary city expenses relating to the permit. Annual street use permit fees are billed separately. A deposit, or escrow account under POMC § 12.24.110, establishes a balance with the city in favor of the applicant or permittee against which a city department may deduct fees and charges as they occur, including annual fees and deposits for particular permits.
(3) 
The indemnity deposit shall also be used to pay the cost of: (a) restoring the public place; (b) removal of any earth or other debris; (c) replacing or repairing any damaged utility or trees in the public place; (d) completing any work left unfinished; (e) resetting any traffic control devices; (f) performing engineering and other studies required by the applicant's use of the public place; and (g) any other expense that the city may sustain in conjunction with the permitted work. The deposit shall also be used to pay the city's administrative expenses equal to the city's costs for services such as inspections, surveys, preparing plans, letting contracts, and contract administration or supervision. The balance of the cash indemnity deposit, if any, after all such deductions, shall be returned to the applicant or permittee. If the indemnity deposit is insufficient, the applicant or permittee shall be liable for the deficiency.
(Ord. 022-16 § 2)
(1) 
An escrow account (or cash set aside account) differs from a deposit in that the deposit holder, rather than the city, is a public depository; interest on the deposit accrues to the account, rather than to the city; and withdrawals from the account are governed by the escrow agreement rather than by city rules on guaranty deposits. The director may accept the establishment of an escrow account in a qualified public depository as defined in Chapter 39.58 RCW that is eligible to receive city moneys as a substitute for:
(a) 
Making all or part of an indemnity deposit required by POMC § 12.24.100 if the amount involved equals or exceeds $1,000 and the terms of the escrow authorize the deduction and payment to the city of charges identified in POMC § 12.24.100; or
(b) 
Filing a surety bond required by POMC § 12.24.120 if the amount involved is $10,000 or less and, in the event of the applicant's or permittee's default, the authorizing official anticipates that the city could reasonably complete the work needed to protect the public and restore the public place for the amount placed in the escrow account.
(2) 
The director shall require that the escrow account be established using the city's form, which is approved by the city attorney. Interest accruing in the escrow account shall be added to the principal account and the balance after deductions returned to the applicant or permittee.
(Ord. 022-16 § 2)
(1) 
A surety bond provides a promise by a licensed surety company, within the limits and according to the terms of the bond, to perform work or pay the city's expenses to perform the work in the event of the permittee's default. A surety bond is not a substitute for providing the city public liability insurance for any tortious injury. The director may authorize the filing of a surety bond consistent with the procedures in this chapter, in lieu of making all or part of an indemnity deposit.
(2) 
If required by the authorizing official, the applicant or permittee shall deliver to the director, in lieu of or in addition to the indemnity deposit, a sufficient surety bond executed by a surety company authorized and qualified to do business in the state of Washington and is approved as to surety and as to form by the city attorney. The bond shall: assume all the requirements provided in POMC § 12.24.100 in relation to an indemnity deposit; run for the full period of the permit; be in an amount fixed by the director; be conditioned that the permittee shall comply with all the terms of the permit and all the provisions of this title and all other ordinances of the city; and to the extent permitted by law, indemnify and save the city harmless from any and all claims, actions, suits, liability, loss, costs, expense, or damages of every kind and description, excepting only damages that may result from the sole negligence of the city and that may accrue to, be asserted by, or be suffered by any person or property, including, without limitation, damage or injury to the permittee, its officers, agents, employees, contractors, invitees, tenants and tenants' invitees, or licensees, by reason of the use of any public place, as provided for in the application.
(3) 
If the application proposes to construct, reconstruct, repair, maintain, or remove any pavement, sewer, water main, storm drain, grading, street lighting, or appurtenance in the public place, the applicant shall file with the director a sufficient surety bond executed by a surety company authorized and qualified to do business in the state of Washington and is approved as to surety and as to form by the city attorney. The bond shall: be in an amount fixed by the director; be conditioned such that the permittee shall complete all portions of the work according to the city's standard plans and specifications and the special plans approved by the authorizing official; and be conditioned that the permittee shall comply with all the terms of the permit and all the provisions of this title and all other ordinances of the city; and to the extent permitted by law, indemnify and save the city harmless from any and all claims, actions, suits, liability, loss, costs, expense, or damages of every kind and description, excepting only damages that may result from the sole negligence of the city, that may accrue to, be asserted by, or be suffered by any person or property, including, without limitation, damage or injury to the permittee, its officers, agents, employees, contractors, invitees, tenants and tenants' invitees, or licensees, by reason of the use of any public place, as provided for in the application. The bond shall run for the full period of the permit plus two years after city acceptance of the permitted work.
(Ord. 022-16 § 2)
(1) 
Liability insurance protects the city as an additional insured from public liability as a result of an accident, injury, or damage arising from the use of a public place; and assists in making permittees financially responsible for meeting liabilities that may arise from their use of public places.
(2) 
Every permittee, as a condition of every street use permit, shall obtain and maintain in full force and effect, at its own expense, public liability insurance in an amount sufficient to protect the city from all potential claims and risks of loss from perils in connection with any activity that may arise from or be related to the permittee's activity upon or the use or occupation of the public place allowed by the permit and claims and risks in connection with activities performed by the permittee by virtue of the permission granted by the permit. The insurance policy shall: (a) be in effect for the duration of the permit; name the city of Port Orchard, its elected and appointed officers, officials, employees, and agents as additional insureds for primary and noncontributory limits of liability subject to a separation of insureds clause; (b) apply as primary insurance regardless of any insurance that the city may carry; and obligate the insurance company to give notice to both the director and the city clerk at least 30 calendar days before any cancellation of the policy.
(3) 
The director, in consultation with the city attorney, shall establish the amount of the insurance, and unless constitutional liberties prohibit it, shall require that the insurance be provided prior to issuance of the permit. The city requires insurance coverage to be placed with an insurer admitted and licensed to conduct business in Washington State or with a surplus lines carrier according to Chapter 48.15 RCW, except that if it is infeasible to obtain coverage with the required insurer, the city may approve an alternative insurer. Evidence of such insurance shall be provided before the city issues the street use permit.
(Ord. 022-16 § 2)
(1) 
The indemnification agreement holds the city harmless from all claims, actions, suits, liability, loss, costs, expense, or damages of every kind and description. The permittee shall agree to defend, indemnify, and hold harmless the city of Port Orchard, its officials, officers, employees, and agents from and against:
(a) 
Any liability, claims, actions, suits, loss, costs, expense judgments, attorneys' fees, or damages of every kind and description resulting directly or indirectly from any act or omission of the permittee, its subcontractors, anyone directly or indirectly employed by them, and anyone for whose acts or omissions they may be liable, arising out of the permittee's use or occupancy of the public place; and
(b) 
All loss by the failure of the permittee to fully or adequately perform, in any respect, all authorizations of obligations under permit.
(2) 
If the application is for a permit to use or occupy a public place with a bulkhead, steps, retaining wall, rockery, structure, or an extension or appurtenance to a structure or any facility with an anticipated continued occupancy of a public place of more than one year, the owner of the adjacent property, and any existing lessee, sublessee, tenant and subtenant using or occupying the part of the premises served or connected to the permitted use, shall, in the manner provided by law for the execution of deeds, execute and deliver to the city upon a form to be supplied by the authorizing official an agreement in writing: signed and acknowledged by the owners and by any existing lessee, sublessee, tenant and subtenant; containing an accurate legal description of the premises; covenanting on the part of the owner, lessee, sublessee, tenant and subtenant, for themselves and their heirs, executors, administrators, successors, assigns, lessees, sublessees, tenants and subtenants and forever defending, indemnifying, and holding harmless the city, its officials, officers, employees, and agents from and against any and all claims, actions, suits, liability, loss, costs, expense, attorneys' fees, or damages of every kind and description, excepting only damages that may result from the sole negligence of the city, that may accrue to, be asserted by, or be suffered by any person or property, including, without limitation, damage, death, or injury to members of the public or to the permittee's officers, agents, employees, contractors, invitees, tenants and tenants' invitees, licensees or its successors and assigns, arising out of or by reason of:
(a) 
The existence, condition, construction, reconstruction, modification, maintenance, operation, use, or removal of the permitted area or any portion thereof, or the use, occupation, or restoration of the public place or any portion thereof by the owner, lessee, sublessee, tenant and subtenant, heirs, executors, administrators, successors, assigns, lessees, sublessees, tenants and subtenants;
(b) 
Anything that has been done or may at any time be done by the owner, lessee, sublessee, tenant and subtenant, heirs, executors, administrators, successors, assigns, lessees, sublessees, tenants and subtenants by reason of the permit; or
(c) 
The owner, lessee, sublessee, tenant and subtenant, heirs, executors, administrators, successors, assigns, lessees, sublessees, tenants and subtenants failing or refusing to strictly comply with every provision of the permit; or arising out of or by reason of the permit in any other way.
(3) 
The director may require that the indemnification agreements for the types of structures identified in subsection (2) of this section shall be a covenant running with the land and shall be recorded against the property at the applicant's cost.
(4) 
In addition, the agreement shall contain a provision which expressly states that the permit:
(a) 
Is wholly of a temporary nature;
(b) 
Vests no permanent right whatsoever;
(c) 
May be revoked, the structures and obstructions removed, and public place restored to the condition that existed prior to use occurring in the public place upon 30 calendar days' notice, posted on the premises, or published in the official newspaper of the city; or without notice, if the permitted use is dangerous or the structures are insecure or unsafe, as determined by the director, or are not constructed, maintained, or used in accordance with the Port Orchard Municipal Code.
(5) 
An agreement after it has been received and recorded with the county auditor shall be retained by the city clerk in the files and records of the clerk's office.
(6) 
The director may waive execution of the signature on an agreement by a tenant or subtenant on a month-to-month lease or on a tenancy at will. If the application is made by a condominium or cooperative apartment, the authorizing official may accept an agreement by the condominium or apartment association together with documentation showing its authority to execute the agreement in lieu of executing the agreement by all unit or apartment owners.
(Ord. 022-16 § 2)
(1) 
Every street use permit approved under this chapter shall state on its face that the permit is of a temporary nature and shall vest no permanent right; and may in any case be revoked upon 30 calendar days' notice; or may be revoked without notice where the use or occupation is dangerous or any structure or obstruction permitted is insecure or unsafe, as determined by the director, or is not constructed, maintained, or used in accordance with the provisions of the Port Orchard Municipal Code.
(2) 
If a permit to use a public place is revoked or terminated, the permittee/applicant shall restore the public place to the condition that existed prior to use occurring in the public place.
(3) 
If any structure, obstruction, use, or occupancy is not discontinued on notice from the city to do so, the director, with respect to public places, may:
(a) 
Prohibit its further use;
(b) 
Remove it from the public place;
(c) 
Make repairs to it as may be necessary to render it secure and safe at the expense of the permittee or the permittee's successor or user responsible for the structure, obstruction, use, or occupancy; and
(d) 
Collect expenses incurred in rendering it secure and safe and restoring the public place in the manner provided by this chapter and other applicable law.
(Ord. 022-16 § 2)
(1) 
From time to time, the director shall prepare and recommend for adoption by the city council a schedule of fees applicable to: reviewing and administering all permits for public places.
(a) 
Fees for using or occupying the public place may take into consideration the undesirability of the use or occupation relative to the rights of the public, such as the city policy of discouraging certain types of encroachments inconsistent with the public right of access, including access to the shorelines or other public places, and shall be included in the schedule of fees for use of public places under the jurisdiction of the director.
(b) 
The director is authorized to collect a monetary deposit for services to be conducted related to the review or inspection of a permit prior to or at permit issuance.
(c) 
The director is authorized to collect fees for other city departments that provide services related to the review of a permit for use of the public place.
(2) 
The city's current fee resolution shall govern the fee for permits issued and reviewed. All permit and review fees shall be commensurate with the cost of administering, inspecting, and policing involved in issuing and continuing the permits and with the use and occupation granted by the permits. The fee shall be collected as a condition to issuing or continuing any permit or use.
(Ord. 022-16 § 2; Ord. 020-18 § 4)
(1) 
The director may grant an exception from paying fees, making an indemnity deposit, posting a surety bond, or providing liability insurance from the United States of America.
(2) 
The authorizing official may grant an exception from paying fees, making an indemnity deposit, posting a surety bond, or providing liability insurance when the primary purpose of the project is environmental remediation and the project is being conducted in compliance with 42 U.S.C. 9621 and is subject to 42 U.S.C. 9621(e).
(3) 
The authorizing official may grant an exception from paying fees, making an indemnity deposit, posting a surety bond, or providing liability insurance when the use is for a public transportation-related-infrastructure project, like light rail, and is authorized under a separate ordinance; or when the use is for a city transportation project.
(4) 
An authorizing official may waive the requirement for an indemnity deposit or surety bond for a use by the state of Washington or a local government.
(Ord. 022-16 § 2)
(1) 
Construction of a structure or improvement shall be in accord with the approved permit and plans accompanying the approved permit unless the director first approves a revised permit authorizing the change.
(2) 
If a proposed change is substantial and objections or adverse comments are received before the permit authorizing the revision is issued, the director shall give notice to the persons making the objection or comments about the proposed change, or require the applicant or permittee to do so, and allow public comment before reaching a decision on the proposed change.
(Ord. 022-16 § 2)
(1) 
This section shall be interpreted and implemented in a manner that will enable the public to acquire a wide variety of publications with a diversity of news, information, ideas and opinions, at convenient locations in public places. It shall also be interpreted and implemented in a way so as to facilitate the distribution of publications in public places as contemplated by the Constitution of the State of Washington and the First Amendment to the U.S. Constitution. In addition, the city shall implement this section by preserving the appearance of public places and carry out design controls in areas subject thereto, encourage improvements that will make public places more pleasing and promote the use of modern aesthetically pleasing newsstands in congested areas.
(2) 
Newsstands in compliance with the following standards may be placed in public places without a street use permit:
(a) 
All newsstands in a public place shall align parallel with the curb, allow at least five feet of clear sidewalk space for pedestrian passage, be detectable by pedestrians using canes for guidance, be maintained in a safe condition, able to withstand strong winds and be in good repair at all times. The newsstand may not exceed the following dimensions: six feet by 12 feet;
(b) 
No newsstand shall be placed or maintained so as to obstruct the use of any crosswalk, wheelchair ramp, driveway, hydrant, or city emergency facility, or be less than 18 inches from the curb;
(c) 
No newsstand shall impair loading at any bus, taxi, passenger or truck loading zone; hinder egress to parked vehicles in marked parking stalls; obstruct sight lines of motorists at an intersection; orient toward the roadway; or obscure any regulatory sign; or
(d) 
No newsstand shall be fastened to any bus shelter or any utility pole or tree.
(3) 
A street use permit is required for the placement of a newsstand in a public place if the newsstand exceeds the size limitations in subsection (2)(a) of this section; or if the owner proposes to: (a) permanently affix the newsstand to the surface of the public place; or (b) the owner proposes to place a newsstand which conflicts with design guidelines adopted for historical or special review districts, or proposes to place the newsstand within 120 feet of the limits of a street improvement that provides for the integration of newsstands into structures located therein. The director may issue a street use permit to allow the placement of a newsstand under this subsection (3) whenever the same constitutes a reasonable accommodation that furthers the public interest.
(Ord. 022-16 § 2)
(1) 
A person aggrieved by any of the following decisions of the director may timely request an appeal of the decision to the city council:
(a) 
The approval or denial according to POMC § 12.24.070 and § 12.24.080 of a street use permit;
(b) 
The revocation of any street use permit;
(c) 
The approval or denial according to POMC § 12.24.190 of a request for a permit for a newsstand location not generally permitted by POMC § 12.24.190.
(2) 
An aggrieved person may appeal the director's decision by filing an appeal statement with the city clerk within 10 calendar days of the date of the decision. The request shall identify the decision for which review or reconsideration is requested, the objection(s) to the decision, and the specific alternative being proposed. The city clerk shall schedule the appeal with the city hearing examiner on their regular meeting calendar. The director may, at their discretion, stay implementation of a decision pending the appeal. The hearing examiner shall follow the procedures in the permit processing procedures in the city's land use regulatory code for the appeal. The hearing examiner's decision on appeal shall be final.
(Ord. 022-16 § 2; Ord. 017-23 § 1 (Exh. A))
"Adjacent property"
means and includes the property abutting the margin of and contiguous to the public place.
"Alley"
means a public way not designed for general travel and used primarily as a means of access to the rear of residences and business establishments. (RCW 46.04.020.)
"Applicant"
means the individual or entity that has applied for a permit to use the public place on their or another individual's or entity's behalf.
"Crosswalk"
means the portion of the roadway between the intersection area and a prolongation or connection of the farthest sidewalk line or in the event there are no sidewalks then between the intersection area and a line 10 feet therefrom, except as modified by a marked crosswalk. (RCW 46.04.160.)
"Director"
shall mean the director of public works or their designee.
"Driveway or private road"
means every way or place in private ownership and used for travel of vehicles by the owner or those having express or implied permission from the owner, but not by other persons. (RCW 46.04.420.)
"Highway"
means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. (RCW 46.04.197.)
"Newsstand"
means any stand, box, structure, rack or other device that is designed or used for the sale or distribution of newspapers, periodicals, magazines, or other publications, or any combination of the above.
"Permittee"
means a person or entity that has received a permit to use a public place.
"Public place"
means public right-of-way and the space above or beneath its surface, whether or not opened or improved, including streets, avenues, ways, boulevards, drives, places, alleys, sidewalks, planting strips, squares, triangles and plazas that are not privately owned.
"Right-of-way"
means the strip of land platted, dedicated, condemned, established by prescription or otherwise legally established for the use of vehicles, pedestrians or utilities.
"Roadway"
means that portion of a highway or street improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder even though such sidewalk or shoulder is used by persons riding bicycles. (RCW 46.04.500.)
"Sidewalk"
means that property between the curb lines or the lateral lines of a roadway 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 public street and dedicated to use by pedestrians. (RCW 46.04.540.)
"State highway"
means every highway or part thereof which has been designated as a state highway or branch thereof by legislative enactment. (RCW 46.04.560.)
"Street"
means every public highway or part thereof located within the city limits, except alleys. (RCW 46.04.120.)
"Use"
means exercising dominion or control over, or occupying all or part of, a public place with or without the right to do so. "Use" includes constructing, storing, erecting, placing upon, maintaining, or operating any inanimate thing or object in, upon, over or under any public place.
(1) 
"Use"
includes, but is not limited to, any of the following:
(a) 
Placement or installation of any marquee, awning, clock, newsstand, sign, banner, sidewalk elevator or door, fuel opening, sidewalk cafe, or other structure;
(b) 
Placement or installation of fencing, staging, scaffolding, an elevator or other structure or material, machinery or tools used or to be used in connection with excavating, erecting, altering, demolishing, repairing, maintaining, or painting any building;
(c) 
Moving any building along or across any public place;
(d) 
Storing or placing any material, equipment, inanimate object, or thing in any public place. But "use" shall not include placing an inanimate object in a location and for a limited duration of time that, under the circumstances, no reasonable person could conclude that the public's right to use or enjoy the public place, in whole or in part, has been or potentially could be interfered with;
(e) 
Raising or lowering any safes, machinery, or other heavy articles;
(f) 
Making or having any fire on any public place;
(g) 
Doing any work in, or erecting any structure under, along or over, any public place; except when permitted by ordinance;
(h) 
Vending of goods, tickets, things or services of any kind, other than publications in newsstands regulated under POMC § 12.24.190;
(i) 
Using sound amplifying equipment, other than aids for the disabled; or
(j) 
Closing or altering the appearance of streets; including filming, block parties or street fairs.
(2) 
With respect to trees and plantings, "use" means planting, removing, injuring, destroying, topping, or major pruning of any tree in any public place; cutting or pruning of any tree planted or maintained by the city; and removing, injuring or destroying any flower, plant, or shrub in any public place. "Use" excludes cutting grass, trimming shrubs, planting flowers, seeding, weeding, edging and other gardening activities for the care of planting strips commonly performed by or for an owner or occupant of property adjacent to a public place; and it excludes berry-picking and recreational activities that may have an incidental impact upon grass or shrubbery.
(3) 
"Use"
excludes a customer's temporary placement of the customer's garbage and recyclables for curbside/alley collection, removing snow and ice, sweeping sidewalks and removing leaves and debris.
(Ord. 022-16 § 2; Ord. 017-23 § 1 (Exh. A))