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HomeMy WebLinkAbout2990 Sidewalk Regulations Amends 13 Repeals 6.44 ORDINANCE NO. ~ AN ORDINANCE AMENDING AMC CHAPTER 13 ADDING UNIFORM SIDEWALK REGULATIONS AND REPEALING AMC 6.44 Annotated to show deletions and additions to the code sections being modified. Deletions are bold" ... oL _L 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 Firefiahters, Local 1660, Beaverton Shop, 20 Or. App, 293, (1975); and WHEREAS, the City of Ashland does not ban constitutionally protected speech and expression on City sidewalks, provided such speech and expression does not obstruct pedestrian traffic, consistent with AMC Chapter 10; and WHEREAS, the City of Ashland prohibits all commercial activity (sidewalk vending) on City sidewalks except for certain limited activities (i.e. the sale of only certain narrowly drawn categories of goods) which have been shown, based on the record of this proceeding, to fulfill a special public need for such goods. 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 AMC Chapter 6.44 [SIDEWALK CAFES] is hereby repealed.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 13.03 [Sidewalk Cafe', Special Event and Publication Box Regulations] is hereby added to read as follows: 13.03 Sidewalk Cafe, Special Event and Publication Box Reaulation 13.03.010 Purpose. Page 1 of 12 The purpose and intent of this chapter is to protect and promote a safe environment within the public riahts,of wav of the City of Ashland. specificallv on City sidewalks. The purpose of this chapter is to recoanize a special public need for sidewalk dininq as it relates to economic development and tourism in Ashland. Similarly. this chapter recoqnizes the special public need for City sponsored special commercial sales events to promote tourism and economic development. Finally. this chapter recoanizes the special public need for publication boxes to auarantee the free exchanae of information. Notwithstandina this public need, the placement of objects on the public riaht of way reauires adeauate reaulation to ensure its primary purposes, which include: Uninhibited pedestrian access on sidewalks Access enterina and exitina vehicles parked in the riqht of way Maintenance of utilities within the riaht of way Emeraency service access to persons both within the riaht of way and on private property. It is also the intent of this chapter to recoanize the importance of the aesthetic aualitv of the public riahts of way by providina minimum standards to maintain a positive visual streetscape for the City of Ashland that promotes the enjoyable use of the riqht of way for all of its intended and leaal purposes. This is achieved throuah the followina: Materials and Construction Standards Maintenance and Safety Standards Placement. Clearance and Spacina Reauirements Procedures for Abatement I Removal Penalties 13.03.020 Definitions A. Abuttina property owners and occupants. Any owner or occupant of property which abuts the subiect adjacent sidewalk permit area. B. Adiacent sidewalk area. That portion of the public sidewalk between the curb line and the property line demarcated by extendina the side buildina lines of the premises until they intersect the curb. C. Downtown Sidewalk Usaqe Map IDSUMI. A detailed map of the Ashland Downtown District adopted by Resolution of the Ashland City Council. The DSUM araphically demonstratina the sidewalk areas available for occupancy or encroachment under this Ordinance. D. Sidewalk Permit Area, That area of a City public sidewalk beina lawfully utilized by a person or entity pursuant to a permit or aareement with the City of Ashland for the limited purposes set forth in this ordinance. Lawful use for Page 2 of 12 purposes of this Chapter means compliance with all applicable Federal. State. and local laws and requlations. includinq but not limited to full payment of fees. rates and charqes. if any. 13.03.025 Limited Applicabilitv to Desiqnated Zones Permits and aqreements for occupancy or encroachment of the sidewalk permit area are available on Iv if the property is located in one of the followinq zoninq districts: C-1-D (Commercial Downtownl. C-1 (Commercial). or E-1 (Employment). Onlv lawful use is permitted. lawful use means onlv the limited uses and activities identified herein (sidewalk dininq and special event) and consistent with and in compliance with all other applicable laws. includinq City land use requlations and controls. and all other applicable Federal. State, County and City requlations. All other sidewalks outside the above desiqnated zones are not available for sidewalk usaqe bv permit or concession. other than exempt activities and uses. rfunctional itemsl. or interim uses specificallv provided for herein. 13.03,030 Exempt Activities: City Seasonal Event usaqe Notwithstandinq any provision to the contrary in this Ordinance. the City Council may. at its discretion and upon such conditions as it deems appropriate. qrant permission to adiacent owners and occupants. bv special permit for free use of the sidewalk permit areas in the commercial zones of the City for desiqnated seasonal events. Such seasonal events shall be desiqned and structured to fulfill a special public need to promote tourism and economic development. Such Seasonal Event permits shall be initiallv limited to three days the week before the Memorial Dav weekend and three days the week after labor Dav weekend and shall require a Sponsor to provide insurance. The City Administrator is deleqated authority to qrant permits for the above-referenced three-day events. The Council may bv 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 Requlations for Publication Boxes (News-Racks and Publication Racksl The City intends to provide standard publication boxes as City functional items rSee AMC 13.02.040.C & 01 for use bv individuals and entities desirinq to distribute written materials. reqardless whether such publications are offered for free or for a charqe. Said publication boxes to be provided bv the city shall be located on sidewalks or other public areas in desiqnated locations meetinq placement, clearance and separation standards or as otherwise desiqnated on the adopted Downtown Sidewalk Usaqe Map. City standard publication boxes will at first supplement and later replace privatelv owned boxes meetinq minimum dimensional standards at approved public locations. Until City placement of Page 3 of 12 such City standard publication boxes [anticipated to take a number of yearsl interim reQulations and controls on existinQ publication boxes (inclusive of news- racks. boxes and other publication racks) shall apply. Unless extended by Council action. all publications must use City publication boxes or be located on private property or in desianated areas or free publication zones by July 1, 2012. Unless compliance is exempted. Interim ReQulations reauire compliance with all applicable provisions of AMC 13.03. all special reQulations noted therein. and standard forms adopted pursuant to AMC 13.02. Modest fees and charQes (sufficient to cover maintenance) may be assessed for use of City publication boxes. City boxes shall be assianed by lot. Privately owned publication boxes will continue to be permitted on private property. with the permission of the owner. and in desianated areas and free publication zones. provided they do not interfere with inQress and eQress pursuant to BuildinQ and Fire Codes. 13.03.040 Application. Permit Fees and Rates The form of the application for occupancy or encroachment on sidewalks shall be established by Resolution of the Council. The application fees and square footaae rates or aross sales rates. if any. shall also be established by resolution of the City Council. The Resolution approvina such fees and rates shall provide for the annual adiustment of fees and rates by the CPI for the previous calendar year. without the need to formally amend the resolution. Notwithstandina the above the City Administrator may establish separate applications for exempted or limited activities or interim reQulations or waive the application requirement for specified occupancies by written Order: 13.03.050 Permit Application A. Application for an annual permit or aareement to OCCUpy or encroach on sidewalk for the limited purposes authorized herein shall be made at the Public Works Department on an approved application form tOQether with the required fees and charQes. The application for permit or aareement shall minimally contain: (1) A completed application form. sianed by the abuttinQ property owner and occupant: and. (2) A submittal in full of the rental rate eaual to the annual (12 month) rental rate for the square footaQe of the adiacent sidewalk permit area reauested: and. (3) A scale diaQram 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 Indemnity aQreement. as well as certificates of insurance and endorsement form. (5)Other information shall be provided as required by the Public Works Director to carry out the purpose of this chapter. Page 4 of 12 The Public Works Director shall forward all applications for review to the Fire Marshall, Buildina Official and the Director of the Community Development Department. Reviewina Departments shall provide input as to conflicts with City codes. includina but not limited to Buildina. Fire and land Use Codes. If the proposed use is not in compliance with zonina and land use reaulations 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 aareements for occupancv or use of the sidewalk permit area are available onlv if the property is located in one of the followina zonina districts: C-1.D /Commercial Downtown), C-1 /Commercial). or E-1 /Emplovment). 2. Use of Buildina Occupant. A sidewalk permit area mav be approved onlv for use of the adiacent occupant. with the consent of the property owner. if different. 3. Minimum Six r Bllt Clearance Except as specified on the Downtown Sidewalk Usaae Map. when the sidewalk is eleven feet or more in width. there shall be at least eiaht (8) feet clear and unobstructed passaaewav between the sidewalk permit area boundary and anv City owned or controlled fixtures or structures: when the sidewalk is less than eleven feet in width. there shall be at least six (6) feet clear and unobstructed passaaewav between the sidewalk permit area boundary and any City owned or controlled fixtures or structures. Fixtures or structures includes but not limited to fire hydrants. benches. barriers. street trees. bike racks. lamp posts. sian posts. or the curb edae. whichever is closest. The Public Works Director may reauire more clearance if necessary to . accommodate pedestrian movement and ADA access. 4. Other Placement Standards. Except as specified on the Downtown Sidewalk Usaae Map. neither the sidewalk permit area itself. nor any obiect located therein shall be placed. installed. used or maintained: a) Within six feet /6')of the outer edae of any roadway. b) Within ten feet /10')of any crosswalk c) Within six feet /6') of any fire hydrant or other emeraency facility d) Within ten feet /10') of any driveway or alley entrance/exit e) In the public riaht of way within any un-authorized zonina district. includina all residential zonina districts Page 5 of 12 fl Within 3 feet (3') from either end of approved bicvcle parkina U-racks g) Within the footprint of any bus stop areas. h) Within fifteen feet of an intersection. Notwithstandina the above. certain functional items re.a. publication boxesl may be located within 24 inches of the roadway edQe/ curb face. 5. Materials and construction standards. All temporary structures or object lincludina furnishinas such as tables and chairs). placed in the sidewalk permit area shall be of a weatherproof and sturdy construction. (Le. solid wood. iron. non-corrosive metal, cement. or similar material). Except when otherwise specified in a Council Resolution. plastic is prohibited as suitable material for structures and furnishinas; similarly, materials which stain or damaae the sidewalk are prohibited. Said items shall comply fully with all applicable reQulations. includina buildina codes. land use ordinances and Resolutions of the city. The City Council may adopt by Resolution material and construction standards. rincludina typicalsl, for public furnishinas placed in the sidewalk permit area. 6. Maintenance and installation standards. Any item placed. installed or maintained within the sidewalk permit area shall be subiect to the followina maintenance standards: a) No object shall be chained. bolted. or otherwise attached to any fixture. tree or city functional item located in the public riaht of way. nor shall any obiect be attached to the surface of the riaht of way. b) Objects shall be desianed and constructed to be movable by one person and where practical. wheels shall be attached or attachable to allow for ease of movement. c) Obiects placed in a sidewalk permit area shall not be used to violate any other applicable code. includina provisions and limitations on sianaae. d) Objects. such as furnishinas. placed in the sidewalk permit area shall have information affixed to the exterior of the object includina the name and address of the owner and the name of the establishment with which the object is associated includina an emeraency contact number. e) Objects occupyina the sidewalk permit area shall be maintained in a clean and orderly condition and in aood repair at all times. This includes but is not limited to maintaininQ a condition which is reasonably free of dirt. rust and arease. The item is reasonably free of chipped. faded. peelina or cracked paint. All structural and/or movina parts are in workina order and pose no safety hazard to the public. Any alass or plastic (such as display windows) are unbroken and reasonably free of cracks. dents. blemishes and discoloration. f) Obiects must maintain a weather proof or weather resistant auality. Page 6 of 12 g) Obiects shall be desianed to be stable and self supportina under a wind load of at least 20 pounds per sauare foot without attachment to the pavement or anv other obiect. 7. lIIeaal structures or usaae. 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 iIIeaally placed or affixed to or in the City riaht-of-way. For purposes of this ordinance lIIeaal structure or usaae includes not only items placed or activities conducted without a permit but also items or activities which were initially placed or conducted lawfully but for which the owner/operator has failed to maintain current payment to the City. 8. Minimum Sauare Footaae. Except for functional obiects. the sidewalk permit area is a minimum of fifty (50) sauare feet or as otherwise desianated on the Downtown Sidewalk Usaae Map. This provision does not apply to interim reaulations for publication boxes. 9. Minimum Duration. The minimum duration of the permit is yearly (twelve months. whether or not the entire year is available for use). This provision does not apply to interim reaulations for publication boxes. 10. Arrearaaes to the City or Pendina City Violations. No sidewalk permit area will be approved for one year after a person or entity applyina for the permit has been found in violation or is currently subiect to an active violation proceedinas for violation of the City of Ashland Municipal Code concernina or relatina to the activity to be conducted in the permit area. This includes but is not limited to actions for failure to maintain business license, arrearaaes of other delinauency in food and beveraae tax receipts, transient occupancy taxes or unpaid balances under the prior sidewalk dinina ordinance. 11. Alcoholic beveraaes. The Public Works Director shall forward all applications for review by the City Recorder for any proposed use which involves alcoholic beyeraaes. Written approyal of the desianated City official in accordance with City ordinances is reauired for any such proposed use. in addition to state reaulatorv reauirements. 12. Liability Release. Indemnity. Hold Harmless. and Insurance. No sidewalk permit area will be approved without an executed release aareement and insurance certificates as reauired by AMC 13.03.070. 13,03.070 Liability Release, Indemnity, Hold Harmless Aareement and Insurance Prior to the issuance of permit. Permittee shall: Page 7 of 12 A. Furnish a sianed Release. Hold Harmless and Indemnity aareement. 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 anv and all claims for damaaes to property or iniury to persons which mav occur in connection with an activity carried on under the terms of the permit. The aareement shall also release the City from anv and all liability to the Permittee. B. Furnish and maintain such personal iniury. propertv damaqe and qeneral liability insurance as will protect Permittee and City from all claims for damaqe to property or bodilv iniury. includina death. which mav arise from operations under the permit or in connection therewith. Such insurance shall provide coveraae of not less than the amount of municipal tort liability under the Oreaon Tort Claims Act. Such insurance shall be without preiudice to coveraae otherwise existina. and shall name the Citv, its officers and emplovees. as additional insured. and shall further provide that the policv shall not terminate or be canceled prior to the expiration of the permit without 30 davs written notice to the City. C. For functional items and items subiect to interim reaulations. the standard aareement lanauaae mav be incorporated into standard applications andllor permits forms and insurance reauirements to add the city as additional insured shall be deemed waived. 13.03.080 Conditions of Permit. A. Reauirements for all sidewalk permit areas: 1. Each permit issued shall terminate December 31st of the vear in which it is issued. or earlier as specified on the face of the permit. Reauests for renewals shall be filed with the Public Works Department prior to the expiration of the oriainal permit. Renewals filed prior to expiration reauire a deposit of on Iv 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 mav approve. approve with additional conditions. or den v the reauest for renewal. Unless fees are waived for the type of reauest. 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 anv manner. 3. The permit mav be temporarilv suspended bv the Public Works Director in the event of an emeraencv as provided in AMC 2.62 or upon approximatelv fortv- eiaht hours advance notice if the public interest reauires use of the riaht-of-wav or sidewalk permit area for a public event, construction. repair, or anv other purpose. The City will attempt to provide notice of said suspension as soon as Page 8 of 12 practical. The City shall not be responsible for anv loss or damaae claimed bv the Permittee for such closure. except that Permittee shall be entitled to a refund of the rental rate based on a pro rated calculation of rates based on davs of closure. 4. The permit is specificallv limited to the area approved or as modified bv the Public Works Director. and will include a diaaram indicatina the area approved and the location of the materials permitted to be in the riaht-of-wav. 5. Onlv those thinas authorized bv the permit and shown on the diaaram mav 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 reauired federal. state. and local permits and authorizations for the proposed use, re,Q. food service OLCCl shall be obtained and complied with prior to the occupancv. includina specificallv anv access modifications or parkina improvements reauired to be completed prior to the commencement of the , occupancv. 7. Issuance of this permit does not authorize violation of anv federal. state or local law. includina City sian reaulations. 8. Smokina shall not be allowed in anv sidewalk permit area. 9. Sidewalk permit areas must be supervised bv Permittee or its emplovees. except for functional items or items subiect to temporary reaulations. rbut see special reaulationsl 10. The permit authorizina use of the sidewalk permit area must be visiblv displaved durina occupancv of the permit area. 11. The City of Ashland has the riaht to repeal or amend this Chapter and therebv terminate or modify all private sidewalk usaae or operations. No Permittee shall obtain anv property riaht in the continued private use of the public sidewalk. 13.03.090 Denial. Revocation. or Suspension of Permit. A. The Public Works Director mav denv. revoke. or suspend the permit upon findina that anv provision of this chapter or condition of approval has been violated. The permit or aareement shall be suspended if the rental rate is not fullv paid within three workina davs of the due date or if the Permittee fails to maintain reauired insurance. The permit or aareement shall be suspended if the Permittee fails to stricti v abide bv the boundaries of the sidewalk permit area. Page 9 of 12 B. The Public Works Director shall aive notice of denial. revocation. or suspension to the applicant or Permittee in writina statina the action which has been taken and the reason therefore. The action shall be effective immediatelv for a denial and upon the expiration of the appeal period r10 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 hearina the matter. the City Administrator shall render a final written decision. This remedy is not exclusive. the City may also cite violations to Court. lincludina dailv fines) in addition to the remedy set forth above. 13.03.095 Constitutionallv Protected Activity. Nothina in this ordinance prohibits or restricts constitutionallv protected speech and expression which does not obstruct the free flow of pedestrian traffic on the sidewalk and riaht-of-wav. 13.03.100 Interim Special Reaulations for Publication Boxes. In addition to all other applicable criteria. standards and reauirements in AMC 13.02 and 13.03. the followina special reaulations for publication boxes are imposed. A. Unless otherwise desianate on the Downtown Sidewalk Usaae Map. any publication box placed in whole or partiallv within the riaht of way shall be located in aroupinas with a linear dimension of no areater than twelve feet. Publication boxes shall be placed immediatelv abuttina other publication boxes within the approved aroupina location. A publication box aroupina shall be placed a minimum of 200 feet from the closest existina aroupina on the same side of the street. All publication boxes shall be 24 inches off the curb face to minimize conflicts between vehicle doors openina into the sidewalk. B. Unless otherwise desianated in the Resolution establishina standards for functional items. no individual publication box shall exceed five feet in heiaht. thirty inches in width or two feet in thickness unless specificallv approved bv the Public Works Director for publication boxes that serve multiple pu blications/vendors/distributors. C. Publication boxes shall contain a system to prevent contents from spillina out of the container such as claspina door systems, sprina loaded auto closina doors. etc. D, Each publication box shall be desianed. installed and maintained to protect the contents from weather related hazards such as wind, rain. snow. etc Page 10 of 12 E. Each publication box shall displav onlv its contents in a clear Cllass or plastic window. F. In the event a publication box remains empty of its contents and unused bv its owner for a period of more than 30 consecutive days. the publication box shall be deemed abandoned and is subject suspension or revocation or summary abatement as outlined herein. 13.03.110 Penalties A. KnowinCllv occupvinCl or encroachinCl upon a public riClht-of-wav without the permission of the City shall be considered a Class C misdemeanor offense. subject to the limitations of AMC 1,08. B. Anv violation of the reCluirements of this chapter. not addressed in A above. shall be a Class A violation as defined bv AMC 1.08 and punishable as set forth in that section. C. The City Administrator or desiClnee is authorized to issue a citation to any person violatinCl the provisions of this chapter. Issuance of a citation shall triClCler revocation of the permit or aClreement under Section 13.03.100 and in the event of conviction. no permit shall be issued to the same person. entity or address. for a period of at least two years. 13.03.115 Summary Abatement. If the condition of any item tin the City riClht of way. includinCl any street or sidewalk is such that it creates a risk of serious injury to the persons or property. the Public Works Director is authorized to pursue summary abatement in accordance with Chapter 1.08 and to charCle aClainst 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, Page 11 of 12 SECTION 6. Delayed Effective Date. In order to allow time for the City Council to adopt standard forms and implementing documents, this Ordinance shall not be effective until November 1, 2009. SECTION 7. 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 (Le, Sections 1, 4-7) 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 acco dance with Article X, Section 2(C) of the City Charter on the t:RS' day of , 2009 and duly 8 SSED and ADOPTED this ~/ day of ,2009. Id~ Barbara M. Christensen, City Recorder J#'. SIGNED and APPROVED this ZZ day of ~' 2009 J Reviewed as to form: Page 12 of 12