HomeMy WebLinkAbout2009-0504 Study Session
CITY OF
ASHLAND
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CITY COUNCIL STUDY SESSION
AGENDA
Monday, May 4, 2009 at 5:30 p,m.
Siskiyou Room, 51 Winburn Way
5:30 p,m. Study Session
1. Look Ahead Review
2, Discussion regarding Two Ordinances implementing the Downtown Taskforce's
Recommendations relating to Right of Way [60 Minutes]
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meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-
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CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dep!.:
Approval:
Ordinance Amending Chapter 13: Part 1
May 5, 2009 Primary Staff Contact: Richard Appicello
Legal E-Mail: appicelr@ashland,oLus
Public Works Secondary Contact: Mike Faught
Martha Benn Estimated Time: 15 minutes
Question:
Should the Council approve First Reading of an ordinance titled, "An Ordinance Amending AMC
Chapter 13 to Establish Standard Forms for Right-of-way Regulation and Providing for Donation or
Loan of functional Items." and move the ordinance on to Second Reading?
Staff Recommendation:
Staff recommends Council approve the First Reading of this ordinance,
Background:
The 2008 Downtown Task Force made several recommendations to the City Council concerning the
use of City sidewalks for commercial and other purposes, including: Issues 5 - 7, as outlined on the
attached Task Force Summary Report. Included in the report was concern for a more consistent
encroachment permit process and the establishment of standards for placement of functional objects in
the right-of-way.(e.g, planter boxes, benches, trash cans, etc) with allowance for private placement of
such public use items.
This Ordinance [Part I] concerns only the establishment of standard forms for licenses, concessions,
( permits and franchises for occupancy or encroachment in the right of way. Only the City is entirely
exempted from the permit requirement for placement of structures in the right of way, including
placement of functional items, An allowance is provided to permit donation [or loan to the City] of a
city functional item (similar to the public art process but not quite) provided it is in fact compliant with
the city standard (adopted by resolution) for such item,
Related City Policies:
Ashland City Charter Article X
Council Options:
(I) Move to approve First Reading of an ordinance titled, "An Ordinance Amending AMC Chapter 13
to Establish Standard Forms for Right-of-way Regulation and Providing for Donation or Loan of
functional Items" and move the ordinance on to Second Reading
(2) Postpone consideration.
Potential Motions:
Staff: [Conduct First Reading}
Council: Move to approve First Reading of an ordinance titled, "An Ordinance Amending AMC
Chapter 13 to Establish Standard Forms for Right-ol-way Regulation and Providing for Donation or
Loan offunctionalltems" and move the ordinance on to Second Reading.
Attachments:
Proposed ordinance
Page I of 1
ORDINANCE NO.
AN ORDINANCE AMENDING AMC CHAPTER 13
TO ESTABLISH STANDARD FORMS FOR RIGHT-OF-WAY REGULATION
AND PROVIDING FOR DONATION OR LOAN OF FUNCTIONAL ITEMS
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold Iinell through and additions are in bold underline,
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted, All the authority thereof shall
have perpetual succession,
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities, Citv of
Beaverton v, International Ass'n of Firefighters. Local 1660. Beaverton Shop. 20 Or. App, 293,
(1975); and
WHEREAS, the 2008 Downtown Task Force made several recommendations to the City
Council concerning the use of City sidewalks for commercial and other purposes, including:
Issues 5 - 7, as outlined on the Task Force Summary Report which concern; inter alia, more
equitable allowance for use of the public right-of-way for private commercial use, a more
consistent encroachment permit process, including standards for placement of functional objects
(planter boxes, benches, trash cans, etc - with allowance for private placement of such public use
items), control over the placement and maintenance of miscellaneous publication racks and
news-racks within the downtown; and
WHEREAS, the City of Ashland wishes to modify and update City Ordinances relating to use of
City right-of-way to provide for standard forms and to make allowance for donation or loan of
functional items; and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS
SECTION 1. The recitals set forth above are true and correct and are incorporated herein by
/
this reference,
SECTION 2. AMC Section 13,02,040 is hereby amended to read as follows:
13,02,040 Permission Required
A. Prohibition. Except as provided in AMC 13.02.040.C. , no Ne person or entity may
occupy or encroach on a public right-of-way without the permission of the city, The city
Page 1 of3
grants permission to use rights-of-way, including but not limited to streets and
sidewalks, by fr,!nchises, licenses, concessions and permits.
B. Standard forms. Franchises, licenses, concessions and permits for use of right-of-
way, including but not limited to streets and sidewalks shall comply with all
applicable requirements for occupancy or encroachment of such areas as set forth in
Chapter 13.03 and other applicable provisions of the Ashland Municipal Code.
Franchises, licenses concessions and permits shall be submitted on a City standard
form franchise, license, concession, or permit template, together with required fees,
if any. Such standard form templates and fees may be adopted and amended by the
City Council by Resolution.
C. City Functional Items. The City of Ashland is not required to obtain permits or
other City authorizations to place City utilities, facilities or other structures, in the
right-of -way, including "functional items" intended for public usage. City
functional items include, but are not limited to, a City standard bench, water
fountain, planter box, garbage receptacle, ash can, bike rack, bollard, publication
box, or other functional items identified by Resolution of the City Council. The City
Council Resolution shall identify functional items and establish minimum standards
for such items.
D. Donated or loaned functional items. An abutting property owner together with the
occupant may donate or loan to the City of Ashland a City standard functional item
for use in an adiacent sidewalk permit area. Other persons or entities may also
donate or loan functional items, for use in non-adiacent public areas. Items
accepted on loan require insurance and a maintenance I hold harmless I indemnity
agreement in the standard approved form. Donated items do not require insurance
or a maintenance agreement but the donations must he accepted by the City to be
eligible for placement. The City Administrator is delegated authority to accept
donations for purposes of this Chapter. No fees or charges are required for donated
or loaned items. After demonstrated compliance with this section, the City Public
Works Director may authorize in writing the placement of a donated or loaned city
standard functional item. in locations meeting, at a minimum, the six foot clearance
requirement of AMC 10.64.010 or in approved locations shown on an adopted
Downtown Sidewalk Usage Map. Items not strictly complying with minimum
standards for such City functional items, (e.g. - adecoratiye art bench) may be
permitted through the public art process in AMC Chapter 2.17.
E. Penalty. Knowingly occupying or encroachin!! upon a public right-of-way without
the permission of the City shall be considered a Class C misdemeanor offense,
subiect to the limitations of AMC 1.08. Violation of anv code requirement,
agreement, permit, license, or provision thereof, including any term, standard,
requirement, or condition shall be considered Class A violation punishable as
provided in AMC 1.08.
Page 2 of3
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses,
SECTION 4. Savings, Notwithstanding this amendment/repeal, the City ordinances in
existence at the time any criminal or civil enforcement actions were commenced shall remain
valid and in full force and effect for purposes of all cases filed or commenced during the times
said ordinance(s) or portions thereof were operative. This section simply clarifies the existing
situation that nothing in this Ordinance affects the validity of prosecutions commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION S. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word, "ordinance" may be changed to "code", "article", "section", or another word, and
the sections of this Ordinance may be renumbered, or re-Iettered, provided however that any
Whereas clauses and boilerplate provisions (i,e, Sections 1, 3-5) need not be codified and the
City Recorder is authorized to correct any cross-references and any typographical errors..
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the _ day of ,2009
and duly PASSED and ADOPTED this _ day of ,2009,
Barbara M, Christensen, City Recorder
SIGNED and APPROVED this ---.:.. day of
,2009
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 3 of3
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Ordinance Amending Chapter 13: Part 2
May 5, 2009 Primary Staff Contact: Richard Appicello
Legal E-Mail: appicelr@ashland,oLus
Public Works Secondary Contact: Mike Faught
Martha Benne Estimated Time: 30 minutes
Question:
Should the Council approve First Reading of an ordinance titled, "An Ordinance Amending the AMC
Chapter 13 adding Uniform Sidewalk Regulations and Repealing AMC 6.44" and move the ordinance
on to Second Reading?
Staff Recommendation:
Staff recommends Council approve the First Reading of this ordinance,
Background:
The 2008 Downtown Task Force made several recommendations to the City Council concerning the
use of City sidewalks for commercial and other purposes, including: Issues 5 - 7, as outlined on the
attached Task Force Summary Report. Included in the report was concern for more equitable
allowance for use of the public right of way for private commercial use, as well as better control over
the placement and maintenance of miscellaneous publication racks and news-racks within the
downtown,
This Ordinance [Part 2] concerns the more difficult issues presented in the Downtown Task Force
Report, This Ordinance includes the repeal of Sidewalk Dining Ordinance and replaces it with a more
generic allowance for use of sidewalk permit areas consistent with zoning, This generic allowance for
use of the sidewalk is to provide a more equitable allowance for use as requested by the Task Force.
Sidewalk usage remains extremely limited, Sidewalk usage is permitted only in C-I-D (Commercial
Downtown), C-I (Commercial), or E-I (Employment) Districts. The prior standards for sidewalk
dining are expanded upon and made more generic, A map [Downtown Sidewalk Usage Map] will be
adopted by Resolution of the Council in order to identify usable areas and allow some reduction of the
Code mandated six foot (6') clearance requirement.
News racks are identified as City functional items - publication boxes. The City indicates its intention
to provide City standard publication boxes to facilitate free speech and maintain aesthetics, Allowance
is also made to permit private boxes in the right of-way, provided they meet a minimum construction
standard, Because the provision of City-owned boxes will not be immediate, interim regulations are
applicable.
Related City Policies:
Ashland City Charter Article X
Council Options:
(I) Move to approve First Reading of "An Ordinance Amending the AMC Chapter 13 adding Uniform
Sidewalk Regulations and Repealing AMC 6.44" and move the ordinance on to Second Reading,
(2) Postpone consideration,
Page 1 of2
CITY OF
ASHLAND
Potential Motions:
Staff: [Conduct First Reading]
Council: Move to approve First Reading of an ordinance titled, "An Ordinance Amending the AMC
Chapter 13 adding Uniform Sidewalk Regulations and Repealing AMC 6,44" and move the ordinance
on to Second Reading.
Attachments:
Proposed ordinance & repealed Chapter 6.44
co-
Page 2 0[2
ORDINANCE NO.
AN ORDINANCE AMENDING AMC CHAPTER 13 ADDING UNIFORM
SIDEW ALK REGULATIONS AND REPEALING AMC 6.44
Annotated to show deletions and additions to the code sections being modified, Deletions are
bold lined through and additions are in bold underline,
WHEREAS, Article 2. Section I of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions, statutes, and
coml1)on law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted, All the authority thereof shall
have perpetual succession,
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities, Citv of
Beaverton v, International Ass'n of Firefighters, Local 1660, Beaverton Shop. 20 Or. App, 293,
(1975); and
WHEREAS, the 2008 Downtown Task Force made several recommendations to the City
Council concerning the use of City sidewalks for commercial and other purposes, including:
Issues 5 - 7, as outlined on the Task Force Summary Report which concern, inler alia, more
equitable allowance for use of the public right of way for private commercial use, a more
consistent encroachment permit process, including standards for placement of functional objects
(planter boxes, benches, trash cans, etc - with allowance for private placement of such public use
items), control over the placement and maintenance of miscellaneous publication racks and
news-racks within the downtown;.and
WHEREAS, the City of Ashland wishes to modify and update City Ordinances relating to use of
City right-of-way and sidewalks to implement some of the recommendations of the 2008
Downtown Task Force; and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS
SECTION 1. The recitals set forth above are true and correct and are incorporated herein by
this reference,
SECTION 2. AMC Chapter 6.44 [SIDEWALK CAFES] is hereby repealed.
SECTION 3. A new Chapter AMC ]3,03 is hereby added to read as follows:
13.03 Sidewalk Regulation
Page 1 of 10
13.03 .010 Purpose
The purpose and intent of this chapter is to protect and promote a safe environment within
the public ril!hts-ofwav ofthe City of Ashland, specificallv on City sidewalks. The
placement of objects on the public ril!ht of way requires adequate rel!ulation to ensure its .
primary purposes, which include:
Uninhibited pedestrian access on sidewalks
Access enterinl! and exitinl! vehicles parked in the ril!ht of way
Maintenance of utilities within the ril!ht of way
Emerl!encv service access to persons both within the ril!ht of way and on private
property.
It is also the intent of this chapter to recol!nize the importance of the aesthetic Qualitv of the
public ril!hts of wav bv providinl! minimum standards to maintain a positive visual
streetscape for the City of Ashland that promotes the enjovable use of the ril!ht ofwav for
all of its intended and lel!al purposes. This is achieved throul!h the followinl!:
Materials and Construction Standards
Maintenance and Safety Standards
Placement, Clearance and Spacinl! Requirements
Procedures for Abatement / Removal
Penalties
13.03.020 Definitions
A. Abuttinl! property owners and occupants. Anv owner or occupant of property which
abuts the subiect adiacent sidewalk permit area.
B. Adjacent sidewalk area. That portion of the public sidewalk between the curb line
and the property line demarcated bv extendinl! the side buildinl! lines of the premises until
they intersect the curb.
C. Downtown Sidewalk Usal!e Map (DSUM). A detailed map of the Ashland Downtown
District adopted bv Resolution of the Ashland City Council. The DSUM l!raphicallv
demonstratinl! the sidewalk areas available for occupancy or encroachment under this
Ordinance.
D. Sidewalk Permit Area. That area of a Citv public sidewalk beinl! lawfullv utilized bv a
person or entity pursuant to a permit or al!reement with the City of Ashland. Lawful use
for purposes of this Chapter means compliance with all applicable Federal, State, and local
laws and rel!ulations, includinl! but not limited to full payment of fees, rates and charl!es, if
any,
13.03.025 Limited Applicabilitv to Desil!nated Zones. Permits and al!reements for
occupancy or encroachment of the sidewalk permit area are available onlv if the property
Page 2 of 10
is located in one of the followinl! zoninl! districts: C-t-D (Commercial Downtown), C-t
(Commercial), or E-l (Emplovment). On Iv lawful use is permitted. Lawful use means uses
and activities consistent with and in compliance with all other applicable laws. includinl!
City land use rel!ulations and controls, and all other applicable Federal, State, County and
City rel!ulations. All other sidewalks outside the above desil!nated zones are not available
for sidewalk usal!e bv permit or concession, other than exempt activities and uses,
[functional items], or interim uses specificallv provided for herein.
13.03.030 Exempt Activities: City Seasonal Event usal!e
Notwithstandinl! any provision to the contrary in this Ordinance, the Citv Council may, at
its discretion and upon such conditions as it deems appropriate, l!rant permission to
adiacent owners and occupants, bv special permit for free use of the sidewalk permit areas
in the commercial zones of the Citv for desil!nated seasonal events. Such Seasonal Event
permits shall be initiallv limited to three days for the Memorial Dav weekend and three
days for Labor Dav weekend and shall require a Sponsor to provide insurance. The City
Administrator is delel!ated authority to l!rant permits for the above-referenced three-day
events. The Council may be Resolution establish additional seasonal event days and may
also establish standard forms with terms and conditions for participation in such events.
13.03.035 Interim Rel!ulations for Publication Boxes (News-racks and Publication Racks).
The City intends to provide standard publication boxes as Citv functional items [See AMC
13.02.040.C & 0] for use bv individuals and entities desirinl! to distribute written
materials, rel!ardless whether such publications are offered for free or for a charl!e. Said
publication boxes to be provided bv the citv shall be located on sidewalks or other public
areas in desil!nated locations meetinl! placement, clearance and separation standards or as
otherwise desil!nated on the adopted Downtown Sidewalk Usal!e Map. Citv standard
publication boxes will at first supplement and later replace privatelv owned boxes meetinl!
minimum dimensional standards at approved public locations. Until City placement of
such City standard publication boxes (anticipated to take a number ofvears] interim
rel!ulations and controls on existinl! publication boxes (inclusive of news-racks, boxes and
other publication racks) shall applv. Unless compliance is exempted, Interim Rel!ulations
require compliance with all applicable provisions of AMC 13.03, all special rel!ulations
noted therein, and standard forms adopted pursuant to AMC 13.02. No fees or charl!es
shall applv to publication boxes under the interim rel!ulations. Private Iv owned
publication boxes will continue to be permitted on private property, with the permission of
the owner, provided thev do not interfere with inl!ress and el!ress pursuant to Buildinl! and
Fire Codes.
13.03.040 Application, Permit Fees and Rates
The form of the application for occupancv or encroachment on sidewalks shall be
established bv Resolution of the Council. The application fees and square footal!e rates or
l!ross sales rates, if any, shall also be established bv resolution of the City Council. The
Resolution approvinl! such fees and rates shall provide for the annual adiustment offees
Page 3 of 10
and rates bv the CPI for the previons calendar Year, without the need to formallv amend
the resolution. Notwithstandin2 the above the City Administrator may establish separate
applications for exempted or limited activities or interim re2ulations or waive the
application requirement for specified occupancies bv written Order.
13.03.050 Permit Application
A. Application for an annual permit or a2reement to occupy or encroach on sidewalk for
any purpose. inclusive of commercial activity [e.2. sidewalk dinin21, shall be made at the
Public Works Department on an approved application form t02ether with the required fees
and char2es. The application for permit or a2reement shall minimallv contain:
(I) A completed application form, si2ned bv the abuttin2 property owner and occupant;
and.
(2) A submittal in full of the rental rate equal to the annual (12 month) rental rate for the
square foota2e of the adiacent sidewalk permit area requested; and,
(3) A scale dia2ram of the sidewalk permit area, with dimensions and the location and
description of all structures. materials and activities shown; and
(4) An executed standard form release. hold harmless. and Indemnitv a2reement, as well as
certificates of insurance and endorsement form.
(5)Other information shall be provided as required bv the Public Works Director to carry
out the purpose of this chapter.
The Public Works Director shall forward all applications for review to the Fire Marshall.
Buildin2 Official and the Director of the Community Development Department. Reviewin2
Departments shall provide input as to conflicts with City codes, includin2 but not limited
to Buildin2, Fire and Land Use Codes. If the proposed use is not in compliance with zonin2
and land use re2ulations and approvals the use shall be denied.
13.03.060 Criteria
A. The Public Works Director shall review the application for its strict compliance with
the mandatory criteria listed below. There are no variances or exceptions to the criteria of
this ordinance.
1. Location Within a Permitted Zone. Permits and al!reements for occupancy or use of the
sidewalk permit area are available onlv if the property is located in one of the followin2
, zonin2 districts: C-I-D (Commercial Downtown), C-I (Commercial), or E-I (Emplovment).
2. Use of Buildin2 Occupant. A sidewalk permit area may be approved onlv for use of the
adiacent occupant. with the consent of the property owner. if different.
3. Six Foot Clearance Except as specified on the Downtown Sidewalk Usa2e Map, and
consistent with AMC 10.64.010. there shall be at least six (6) feet clear and unobstructed
passa2ewav between the sidewalk permit area boundary and any City owned or controlled
fixtures or structures, includin2 but not limited to benches, barriers, street trees, bike
racks. lamp posts, si2n posts. or the curb ed2e, whichever is closest. The Public Works
Director may require more than six feet if necessary to accommodate pedestrian movement
and ADA access.
Page 4 of 10
4. Other Placement Standards.
Except as specified on the Downtown Sidewalk Vsal!:e Map, neither the sidewalk permit
area itself, nor any object located therein shall be placed, installed, used or maintained:
a) Within six feet (6')of the outer edl!:e of any roadway.
b) Within ten feet (1 O')of any crosswalk
c) Within six feet (6') of any fire hydrant or other emerl!:ency facilitv
d) Within ten feet (10') of any driyeway or alley entrance/exit
e) In the public ril!:ht of way within any un-authorized zoninl!: district, includinl!: all
residential zoninl!: districts
o Within 3 feet (3') from either end of approyed bicycle parkinl!: V-racks
g) Within the footprint of any bus stop areas.
h) Within fifteen feet of an intersection.
Notwithstandinl!: the aboye, certain functional items [e.l!:. publication boxesl may be located
within 24 inches of the roadway edl!:e/ curb face.
5. Materials and construction standards.
All temporary structures or object (includinl!: furnishinl!:s such as tables and chairs),
placed in the sidewalk permit area shall be of a weatherproof and sturdy construction, (i.e.
solid wood, iron, non-corrosiye metal cement, or similar material). Plastic is prohibited as
suitable material for structures and furnishinl!:s as are materials which stain or damal!:e the
sidewalk. Said items shall comply fully with all applicable rel!:ulations, includinl!: buildinl!:
codes, land use ordinances and Resolutions of the city. The City Council may adopt by
Resolution material and construction standards, lincludinl!: tvpicalsl, for public furnishinl!:s
placed in the sidewalk permit area.
6. Maintenance and installation standards. Any item placed, installed or maintained within
the sidewalk permit area shall be subject to the followinl!: maintenance standards:
a) No object shall be chained, bolted, or otherwise attached to any fixture, tree or city
functional item located in the public ril!:ht of way, nor shall any object be attached to
tbe surface of the ril!:ht of way.
b) Objects shall be desil!:ned and constructed to be moyable by one person and where
practical, wheels shall be attached or attachable to allow for ease of moyement,
c) Obiects placed in a sidewalk permit area shall not be used to yiolate any other
applicable code, includinl!: proyisions and limitations on sil!:nal!:e.
d) Obiects, such as furnishinl!:s, placed in the sidewalk permit area shall haye
information affixed to the exterior of the obiect includinl!: the name and address of
the owner and the name of the establishment with which the obiect is associated
includinl!: an emerl!:ency contact number.
e) Objects occupyinl!: the sidewalk permit area shall be maintained in a clean and
orderly condition and in l!:ood repair at all times. This includes but is not limited to
Page 5 of 10
maintaining a condition which is reasonablv free or-dirt, rust and grease. The item
is reasonablv free of chipped, faded, peeling or cracked paint. All structural and/or
moving parts are in working order and pose no safety hazard to the public. Anv
glass or plastic (such as displav windows) are unbroken and reasonablv free of
cracks, dents, blemishes and discoloration.
f) Objects must maintain a weather proof or weather resistant Qualitv.
g) Objects shall be designed to be stable and self supporting under a wind load of at
least 20 pounds per square foot without attachment to the pavement or any other
object
7. Illegal structures or usage. No sidewalk permit area will be approved if the permit area
or six foot clearance area adiacent to the permit area contains structures, fixtures,
obstructions or materials which have been iIIegallv placed or affixed to or in the City right-
of-way. For purposes of this ordinance Illegal structure or usage includes not onlv items
placed or activities conducted without a permit but also items or activities which were
initiallv placed or conducted lawfullv but for which the owner/operator has failed to
maintain current payment to the City.
8. Minimum Square Footage. The sidewalk permit area is a minimum of fifty (50) square
feet or as otherwise designated on the Downtown Sidewalk Usage Map. This provision
does not applv to interim regulations for publication boxes.
9. Minimum Duration. The minimum duration of the permit is vearlv (twelve months,
whether or not the entire year is available for use). This provision does not applv to interim
regulations for publication boxes.
10. Arrearages to the City or Pending City Violations. No sidewalk permit area will be
approved for one year after a person or entity applving for the permit has been found in
violation or is currentlv subject to an active violation proceedings for violation of the City
of Ashland Municipal Code concerning or relating to the activity to be conducted in the
permit area. This includes but is not limited to actions for failure to maintain business
license, arrearages of other delinQuencv in food and beverage tax receipts, transient
occupancy taxes or unpaid balances under the prior sidewalk dining ordinance.
11. Alcoholic beverages. The Public Works Director shall forward all applications for
review bv the City Recorder for any proposed use which involves alcoholic beverages.
Written approval of the designated City official in accordance with City ordinances is
required for any such proposed use, in addition to state regulatorv requirements.
12. Liabilitv Release, Indemnity, Hold Harmless, and Insurance. No sidewalk permit
area will be approved without an executed release agreement and insurance certificates as
required bv AMC 13.03.070.
13.03.070 Liabilitv Release, Indemnity, Hold Harmless Agreement and Insurance
Page 6 of 10
Prior to the issuance of permit, Permittee shall:'
A. Furnish a sil!ned Release. Hold Harmless and Indemnity al!reement. in the City
standard form, that the permittee shall release and hold the City of Ashland harmless. as
well as defend. indemnify and hold harmless the City, its officers and emplovees. from any
and all claims for damal!es to property or iniurv to persons which may occur in connection
with an activity carried on under the terms of the permit. The al!reement shall also release
the City from any and allliabilitv to the Permittee.
B. Furnish and maintain such personal injury, property damal!e and l!eneralliabilitv
insurance as will protect permittee and City from all claims for damal!e to property or
bodilv injurv/includinl! death. which may arise from operations under the permit or in
connection therewith. Such insurance shall provide coveral!e of not less than the amount of
municipal tort Iiabilitv under the Orel!on Tort Claims Act. Such insurance shall be
without prejudice to coveral!e otherwise existinl!. and shall name the City. its officers and
employees, as additional insureds. and shall further provide that the policv shall not
terminate or be canceled prior to the expiration of the permit without 30 days written
notice to the City.
C. For functional items and items subiect to interim rel!ulations, the standard al!reement
lanl!ual!e may be incorporated into standard applications andllor permits forms and
insurance requirements to add the city as additional insured shall be deemed waived.
13.03.080 Conditions of Permit
A. Requirements for all sidewalk permit areas:
1. Each permit issued shall terminate December 31st of the year in which it is issued. or
earlier as specified on the face of the permit. Requests for renewals shall be filed with the
Public Works Department prior to the expiration of the oril!inal permit. Renewals filed
prior to expiration require a deposit of only six (6) months rental rate. unless the applicant
has previouslv been in arrears in which case the deposit shall be the full annual rental rate.
The Public Works Director may approve, approve with additional conditions. or deny the
request for renewal. Unless fees are waived for the type of request, no application shall be
accepted for renewal without a renewal application fee. as specified on the City Council Fee
resolution.
2. The permit issued shall be personal to the permittee onlv and is not transferable in any
manner.
3. The permit may be temporarilv suspended bv the Public Works Director in the event
of an emerl!encv as provided in AMC 2.62 or upon approximatelv fortv-eil!ht hours
advance notice if the public interest requires use of the ril!ht-of-wav or sidewalk permit
area for a public event. construction. repair. or any other purpose. The City will attempt
to provide notice of said suspension as soon as practical. The City shall not be responsible
for any loss or damal!e claimed bv the permittee for such closure, except that permittee
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shall be entitled to a refund of the rental rate based on a pro rated calculation of rates
based on days of closure.
4. The permit is specificallv limited to the area approved or as modified bv the Public
Works Director, and will include a dia!!ram indicatin!! the area approved and the location
of the materials permitted to be in the ri!!ht-of-wav.
5. Onlv those thin!!s authorized bv the permit and shown on the dia!!ram may be placed
in the sidewalk permit area. Should the permittee not utilize the sidewalk permit area as
authorized for a period of seventy-two (72) hours or more, all the materials shall be
removed.
6. All required federal, state, and local permits and authorizations for the proposed use,
Ie.!!. food service OLCCl hall be obtained and complied with prior to the occupancy,
includin!! specificallv any access modifications or parkin!! improvements required to be
completed prior to the commencement of the occupancy.
7. Issuance of this permit does not authorize violation of any federal, state or local law,
includin!! City si!!n re!!ulations.
8. Smokin!! shall not be allowed in any sidewalk permit area..
9. Sidewalk permit areas must be supervised bv permittee or its emplovees, except for
function items or items subiect to temporary re!!ulations. [but see special re!!ulationsl
10. The permit authorizin!! use of the sidewalk permit area must be visiblv displaved
durin!! occupancy of the permit area.
11. The City of Ashland has the ri!!ht to repeal or amend this Chapter and thereby
terminate or modify all private sidewalk usa!!e or operations. No permittee shall obtain
any property ri!!ht in the continued private use of the public sidewalk.
13.03.090 Denial, Revocation, or Suspension of Permit
A. The Public Works Director may deny, revoke, or suspend the permit upon findin!! that
any provision of this chapter or condition of approval has been violated. The permit or
a!!reement shall be suspended if the rental rate is not fullv paid within three workin!! days
of the due date or if the Permittee fails to maintain required insurance.
8. The Public Works ,Director shall !!ive notice of denial, revocation, or suspension to the
applicant or permittee in writin!! statin!! the action which has been taken and the reason
therefor. The action shall be effective immediatelv for a denial and upon the expiration of
the appeal period 11 0 davsl for a suspension or revocation. Appeals shall be processed as
provided in AMC 2:30. If an appeal of a suspension or revocation is properlv filed, the
suspension or revocation shall be staved until resolution of the appeal. Upon hearin!! the
matter, the City Administrator shall render a final written decision.
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13.03.100 Interim Special Reguiations for Publication Boxes. In addition to all other
applicable criteria. standards and requirements in AMC 13.02 and 13.03. the following
special regulations for publication boxes are imposed.
A. Unless otherwise designate on the Downtown Sidewalk Usage Map, any publication
box placed in whole or partially witliin the right of way shall be located in groupings with a
linear dimension of no greater than twelye feet. Publication boxes shall be placed
immediately abutting other publication boxes within the approved grouping location. A
publication box grouping shall be placed a minimum of 200 feet from the closest existing
grouping on the same side of the street. All publication boxes shall be 24 inches off the
curb face to minimize conflicts between vehicle doors opening into the sidewalk.
B. Unless otherwise designated in' the Resolution establishing standards for functional
items. no individual publication box shall exceed five feet in height. thirty inches in width
or two feet in thickness unless specifically approved by the Public Works Director for
publication boxes that serve multiple publications/vendors/distributors.
C. Publication boxes shall contain a system to prevent contents from spilling out of the
container such as clasping door systems. spring loaded auto closing doors. etc.
D. Each publication box shall be designed. installed and maintained to protect the
contents from weather related hazards such as wind. rain. snow, etc
E. Each publication box shall display only its contents in a clear glass or plastic window.
F. In the event a publication box remains empty of its contents and unused by its owner
for a period of more than 30 consecutive days, the publication box shall be deemed
abandoned and is subiect suspension or revocation or summary abatement as outlined
herein.
13,03.11 0 Penalties
A. Knowinl!lv occupving or encroaching upon a public right-of-way without the
permission of the City shall be considered a Class C misdemeanor offense. subiect to the
limitations of AMC 1.08.
B. Anv violation ofthe requirements of this chapter, not addressed in A above. shall be a
Class A violation as defined by AMC 1.08 and punishable as set forth in that section.
C. The City Administrator or designee is authorized to issue a citation to any person
violating the provisions of this chapter. Issuance of a citation shall trigl!er revocation of the
permit or agreement under Section 13.03.100 and in the event of conviction. no permit shall
be issued to the same person, entitv or address, for a period of at least ,two vears.
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13.03.115 Summary Abatement.
If the condition of any item tin the City ri2ht of way, includin2 any street or sidewalk is
such that it creates a risk-of serious iniurv to the persons or property, the Public Works
Director is authorized to pursue summary abatement in accordance with Chapter 1.08 and
to char2e a2ainst the responsible owner/operator the full costs of such abatement.
SECTION 4. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable, The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 5. Savings, Notwithstanding this amendment/repeal, the City ordinances in
existence at the time any criminal or civil enforcement actions were commenced shall remain
valid and in full force and effect for purposes of all cases filed or commenced during the times
said ordinance(s) or portions thereof were operative, This section simply clarifies the existing
situation that nothing in this Ordinance affects the validity of prosecutions commenced and
continued under the laws in effect at the time the matters were originally filed,
SECTION 6. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code", "article", "section", or another word, and
the sections of this Ordinance may be renumbered, or re-lettered, provided however that any
Whereas clauses and boilerplate provisions (i.e, Sections 1, 4-6) need not be codified and the
City Recorder is authorized to correct any cross-references and any typographical errors.,
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter onJhe _ day of ,2009
and duly PASSED and ADOPTED this _ day of ,2009.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2009
Reviewed as to form:
John Stromberg, Mayor
Richard Appicello, City Attorney
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