Blaine Municipal Code

Title 12
STREETS, SIDEWALKS AND PUBLIC PLACES

Chapters:

12.04 Street Excavations – Construction Equipment or Materials on Streets

12.08 Street Names

12.12 Addressing

12.16 Street Vacations

12.20 Public Works Construction

12.24 Hauling on Streets

12.26 Public Area Use Permit System

12.27 Right-of-Way Use

12.28 Private Sidewalk Crossings

12.29 Assessment Reimbursement Contracts – Availability of Statutes

12.32 City Parks

Chapter 12.04
STREET EXCAVATIONS – CONSTRUCTION EQUIPMENT OR MATERIALS ON STREETS

Sections:

12.04.010 Permit required.

12.04.020 Application for permit.

12.04.030 Performance bond.

12.04.040 Violation – Penalty.

12.04.010 Permit required.

No person, firm or corporation shall dig, trench or excavate any ditch or opening, for water/sewer or for any other purpose, in the city streets or alleys, nor shall any person, firm or corporation use opened public rights-of-way for the storage or assembling of construction equipment or materials, without first obtaining a permit therefor issued by the city clerk upon written approval and recommendation of the city manager and/or his designee. (Ord. 1649 § 1, 1982; Ord. 1350 § 1, 1972; prior code § 9-301)

12.04.020 Application for permit.

All applicants for permit under this chapter shall file a written application therefor on forms furnished by the city clerk. One copy of the application shall be delivered to the street superintendent, one copy to the city manager, and the original shall be retained by the city clerk in the permanent records of the city. (Ord. 1649 § 2, 1982; Ord. 1350 § 2, 1972; prior code § 9-302)

12.04.030 Performance bond.

A permit for any excavation or other use as outlined in BMC 12.04.010 in any city street or alley or opened right-of-way shall be issued only upon written approval of the superintendent and city manager, as provided in BMC 12.04.010, and the filing of a performance bond fixed in such amount as deemed necessary by the city manager or street superintendent of not less than $2,500, either with personal or corporate surety conditioned and as a guarantee that the permittee will replace the surface of the street or opened right-of-way in the same condition and with the same material as the same was in and of prior to any excavation or other activity. The bond shall remain in force for a period of one year after completion of backfill of excavation to guarantee that the street surface or opened right-of-way will be replaced and left in the same condition as the same was in prior to this use and to guarantee that the city will not be required to expend any funds to repair any portion of any street or opened right-of-way by reason of any activity performed by any permittee. (Ord. 1649 § 3, 1982; Ord. 1350 § 3, 1972; prior code § 9-303)

12.04.040 Violation – Penalty.

Every person violating any of the terms or provisions of this chapter is guilty of a misdemeanor and, upon conviction, may be fined not to exceed $100.00. (Ord. 1350 § 5, 1972; prior code § 9-304)

Chapter 12.08
STREET NAMES

Sections:

12.08.010 Revoked.

12.08.020 Established.

12.08.010 Revoked.

All of the names of the streets and public ways or portions thereof within the corporate limits of the city, as of the adoption of the ordinance codified in this chapter, which are set out in this chapter, the names used until the adoption of the ordinance codified in this chapter and the designations thereof formerly applied to the streets and public ways, or portions thereof, and whether they have been fixed by dedication of plats as they appear on file in the office of the county auditor, or by common consent or otherwise, are revoked, set aside and extinguished with reference to those streets and public ways or portions thereof specifically enumerated in BMC 12.08.020. (Ord. 1201 § 1, 1963; prior code § 9-901)

12.08.020 Established.

The names for the streets and public ways listed below are changed as follows:

	From	To
A.	E Street west of Peace Portal	Marine Drive
B.	Cedar east of freeway and railroad grade between Cedar and Boblett	Fir Avenue
C.	Gilspechin	Peace Portal Drive
D.	Frontage roads and railroad grade from Boblett to Hughes	Yew Avenue
E.	First Street South	Bayview Avenue
F.	5th Street South	Bell Road
G.	2nd South	Dodd Street
H.	3rd Street South	Pike Street
I.	4th Street South	Haws Avenue
J.	Washington Avenue from Peace Portal Drive to Runge	Montfort Avenue
K.	Adelia east of freeway	Pipeline Road
L.	Garfield north of freeway	Elm Avenue
M.	Martin Street east of freeway	School Drive
N.	Clyde east of freeway	Fern Street
O.	Washington Avenue from Gilspechin to Border	Peace Portal Drive
P.	Steen Street from the south end of Grant Avenue to the west side of Ludwick Avenue	Grant Avenue
Q.	Harvey Road north of H Street	North Harvey Road

(Ord. 2681 § 1, 2007; Ord. 2295 § 1, 1997; Ord. 1201 § 2, 1963; prior code § 9-902)

Chapter 12.12
ADDRESSING*

Sections:

12.12.010 Requirement.

12.12.020 Base line.

12.12.030 Assignment of numbers.

12.12.040 Building official to assign and record numbers.

12.12.050 Building official shall make address changes or modifications on existing buildings.

12.12.060 Posting by property owners.

12.12.070 Violation – Penalty.

* Prior legislation: Ords. 223, 1198 and 1209, and prior code §§ 9-401, 9-402 and 9-403.

12.12.010 Requirement.

From and after the time this chapter has gone into effect, all residential and business buildings in the city and all residential and business buildings built after the adoption of the ordinance codified in this chapter shall be numbered as provided in this chapter. (Ord. 2424 § 1, 1999)

12.12.020 Base line.

The following are declared and fixed to be base lines from which all residential and business buildings are numbered in the city:

A. Beginning at the point of intersection of the centerline of Interstate 5 and the north city limits, east along the north side of A Street shall be the base line for numbering north and south.

B. Beginning at the intersection described in subsection A of this section, southerly along the centerline of Interstate 5, then Peace Portal Drive to its intersection with the Willamette Meridian at 4th Street, then south along the Willamette Meridian, shall be the base line for east and west numbering.

C. The Resort Semiahmoo has an approved addressing grid as follows: Beginning at the Whatcom County address grid line 8500 and continuing north to county grid line 9300 shall be the base line for numbering north-south streets. Beginning at county grid line 5300 and continuing west to county grid line 5900 shall be the base line for numbering east-west streets. (Ord. 2424 § 1, 1999)

12.12.030 Assignment of numbers.

A. The numbering shall begin at zero and run from the north-south baseline south with 100 numbers to a block from A Street. It shall begin at zero

and run east or west from the east-west baseline, with 100 numbers to a block. Adjustments shall be made for uneven or unmatched intersections.

B. Even numbers shall be used on the north side of east-west streets with odd numbers on the corresponding south side. Even numbers shall be used on the east side of streets running north and south with odd numbers on the west.

C. The approved addressing grid for the Resort Semiahmoo shall be followed. The streets running north and south shall be numbered with odd numbers on the west side of the street and even numbers on the east side. The streets running east and west shall be numbered with the odd numbers on the south and even numbers on the north. When streets wind or are in a circle, start on the north end of the subdivision with the number grid and then follow a consecutive numbering system ignoring the number grid when changes of direction are made.

D. In newly annexed areas, addresses shall be converted from the county address numbering system to the city address numbering system in coordination with the Blaine Postmaster’s office. Such conversion shall be made at the post office by the owners or residents of addressed property within the annexed area within 30 days of the receipt of a notice of the modified address from the building official. (Ord. 2424 § 1, 1999)

12.12.040 Building official to assign and record numbers.

The fixing of numbers as designated in this chapter shall be done by the building official. Each new building shall be given an address through the building permit process and such address shall be recorded at the county assessor’s office. (Ord. 2424 § 1, 1999)

12.12.050 Building official shall make address changes or modifications on existing buildings.

Change or modification of an address on existing buildings shall be done by the building official by circulating a change or modify address form, to all city departments for approval. Upon approval, the building official will notify all agencies in writing of the change of address. Agencies shall consist of but are not limited to the Whatcom County Assessor, City of Blaine Police Department, Fire District No. 13, GTE Telephone, TCI Cablevision, Blaine-Bay Refuse, Cascade Natural Gas, City of Blaine Utility Department, Port of Bellingham, 911 Dispatch, and any other unit of government or special purpose district known to be providing services in the affected area. (Ord. 2424 § 1, 1999)

12.12.060 Posting by property owners.

When the address numbers have been fixed and a record made, all property owners shall place the numbers in a conspicuous place on their residence and places of business. The numbers shall be at least four inches in height and in contrasting color to the background to be easily seen from the street or sidewalk. When a residence or place of business is set back from the front property line a distance so that a four-inch address number is not visible from the abutting street, the owner shall display the address number on a post erected near the front property line or in an alternate manner approved by the building official. (Ord. 2424 § 1, 1999)

12.12.070 Violation – Penalty.

Any person failing to comply with the provisions of this chapter may be charged with a civil infraction and may be assessed a penalty not to exceed $500.00 per offense. For each day that such person fails to comply with the requirements of this chapter, said person is guilty of a new offense. (Ord. 2424 § 1, 1999)

Chapter 12.16
STREET VACATIONS*

Sections:

12.16.010 Petitions – Initiation – Survey requirements – Preliminary findings.

12.16.020 Hearing time fixed, petition and resolution methods.

12.16.030 Public notice, petition and resolution methods.

12.16.040 Council may not proceed if property owners object.

12.16.050 Report, investigations and recommendations to city council.

12.16.060 Criteria for council decision.

12.16.070 Deleted.

12.16.080 City council decision.

12.16.090 Granting – Conditions.

12.16.100 Appraisals – Classes of right-of-way for purposes of appraisal, call for appraisal, posting of bond, payment required.

12.16.110 Amount of compensation by class of right-of-way, payment required.

12.16.120 Trade in lieu of compensation.

12.16.130 Waiving compensation – Other governmental agencies, entities, jurisdictions.

12.16.150 Notice to county auditor, assessor and engineer.

* Prior ordinance history: Ord. 1452 and prior code § 9-1301.

12.16.010 Petitions – Initiation – Survey requirements – Preliminary findings.

A. Who May Initiate. Vacation of public right-of-way or easements may be initiated by filing with the city clerk a properly completed petition by the owners of more than two-thirds of the property abutting the portion of the street or alley sought to be vacated, or by resolution of the city council in accordance with the procedures described in Chapters 35.79 and 35A.47 RCW. Abutting property for purposes of this procedure means property which touches, adjoins, or is contiguous to the street or alley, or portion thereof, sought to be vacated.

B. When Petitions May Be Filed. The city council may, by resolution, limit the times of year or months during which it will accept petitions for right-of-way vacations.

C. Form. All petitions shall be in such form as may be prescribed by the city and shall be in substantial conformance with the statutory form set forth in the annotations to RCW 35.79.010. At a minimum, the petition shall contain a full and correct legal description of the property sought to be vacated, the street addresses of abutting properties, and the typed or printed names and signatures of property owners.

D. Fees and Associated Costs. Any petition for vacation of a previously dedicated right-of-way shall be accompanied by an application fee established by the city council. Petitioner(s) shall also be liable to the city for all actual expenses incurred in processing the petition in excess of the normal costs intended to be covered by the petition fee, including legal and engineering fees. At the time a petition is accepted as valid, the city clerk shall provide the petitioner with an estimate of such additional expenses as may then be anticipated by staff. If the petition for vacation is approved and additional fees and costs are assessed pursuant to this chapter, including payment of all or a portion of the appraised value of the property, such payments shall become due and payable according to the provisions herein. Failure to meet any payment deadline will nullify the petition.

E. Sufficiency of Signature. Prior to forwarding the petition to public works staff for findings, the city clerk or designee shall certify the sufficiency of signatures on the petition following these guidelines:

1. Where property is subject to a mortgage or deed of trust, the signature of the buyer shall be sufficient.

2. In the case of ownership by partnership or corporation, the signature of any officer authorized by the bylaws or resolution of the partners or board of directors shall be sufficient when evidenced by a copy of the section of bylaws or resolution granting such authority.

3. Where property is subject to a lease, the signature of the lessor shall be required.

4. In the case of property subject to a life estate, the signature of the holder of the life estate shall be sufficient.

5. The signature of an owner, as determined by the records of the county assessor, shall be sufficient without the signature of his or her spouse.

F. Representation by Abutting Property Owners. On receipt of a petition for vacation and confirmation that signatures thereon are sufficient as provided at BMC 12.16.010(E), the city clerk shall forward the petition to public works staff for confirmation that these signatures represent ownership of more than two-thirds of the property abutting the right-of-way or easement requested for vacation. Any petition failing to meet this criterion shall be returned to petitioner(s) by the city clerk, along with a brief explanation of this determination. Petitioner(s) shall have 15 days from the date the petition is returned to respond with a revised petition. If no response is received within that time, the petition shall be null and void, and the petition fee refunded.

G. Referral to Public Works Director – Survey Requirements. The city clerk shall notify the public works director of all proposed vacations and the date when the matter will be before the city council for first action. It shall be the duty of the public works director to determine whether the location and legal description of the proposed vacation of the street or alley proposed for vacation are sufficiently known to the city so that an accurate legal description of the proposed vacation may be made, and so that the location of the property proposed for vacation can be known with certainty. If the public works director determines that these matters are not known or are not accurately known, then the city shall notify the petitioner(s) of the necessity of having an accurate, professional survey of the property marked upon the ground and an accurate legal description of the proposed vacation to be furnished to the city. The city shall not proceed with processing the vacation until such a survey has been done and the legal description received.

H. Preliminary Findings. Upon confirmation that the petition meets criteria in BMC 12.16.010(E) and (F), or on receipt of a council-initiated vacation proposal, public works staff shall prepare preliminary findings on the following:

1. Whether the street, alley or parts thereof abut any body of salt or fresh water, and if so, whether the vacation is being requested for port purposes, boat moorage or launching sites, viewpoint, recreational or educational purposes or other public use;

2. Whether the right-of-way is needed or contemplated for future public use;

3. Whether the request for vacation was initiated to correct a condition created by the applicant in violation of city ordinance; and

4. Whether the vacation will maintain or create straight and continuous right-of-way lines on at least one side for the full block.

Based on the above criteria, staff may forward the petition to council with a written recommendation that council deny the petition, that council set a public hearing to consider the petition, or that the petition be returned to petitioner for modification prior to further action. (Ord. 2474 § 1, 2000; Ord. 2106 § 1, 1993)

12.16.020 Hearing time fixed, petition and resolution methods.

Upon receipt of a petition meeting minimum requirements for signatures and property ownership described in BMC 12.16.010(E) and (F), as well as preliminary findings listed at BMC 12.16.010(H), the city clerk shall forward the petition and findings to city council for consideration at its next regular meeting. For both petition and council-initiated vacations proposed for public hearing, council shall adopt a resolution setting a time for the hearing which is not less than 20 nor more than 60 days from the date of passage of the resolution. (Ord. 2474 § 1, 2000; Ord. 2106 § 1, 1993)

12.16.030 Public notice, petition and resolution methods.

A. At least 20 days prior to the hearing on the proposed street or alley vacation, the city clerk shall issue a single written notice of hearing which shall be:

1. Posted in Blaine City Hall;

2. Posted in three conspicuous places on that portion of the street or alley sought to be vacated, or at a nearby location that can be viewed by the public; and

3. Published in the official newspaper for the city of Blaine.

B. In addition to the general posting and publication above, the city clerk, at least 15 days prior to the date fixed for the hearing, shall mail hearing notices directly to owners of all property abutting or across the street or alley from those portions of the street or alley proposed for vacation. This mailing shall be by certified or registered mail with a return receipt.

C. The city clerk shall also notify residents/occupants of all buildings abutting on that portion of the street or alley proposed for vacation by ordering the placement of hang tags to announce the proposed action and hearing date. (Ord. 2474 § 1, 2000; Ord. 2106 § 1, 1993)

12.16.040 Council may not proceed if property owners object.

In all cases, the city shall be prohibited from proceeding further with the process if 50 percent or more of the abutting property owners file written objection to the proposed vacation with the city clerk prior to the time of hearing. (Ord. 2474 § 1, 2000; Ord. 2106 § 1, 1993)

12.16.050 Report, investigations and recommendations to city council.

Upon resolution of the city council to set a public hearing to consider a petition, all requests for street vacation, whether by petition or by council initiation, shall be submitted to the public works director or his/her designee who shall coordinate staff preparation of a report and recommendations to the city council. The staff shall investigate and report on at least the following:

A. Ownership of the property abutting on the street or portion sought to be vacated. Proof of ownership of abutting property by the title insurance or certificates may be required, such proof to be furnished by, and at the expense of, the petitioners upon request of the city clerk;

B. Whether and in what respect the public may be benefited or harmed by the vacation;

C. Whether the public benefit of the area’s use is insufficient to justify the cost of maintenance;

D. Which property or properties will be directly benefited or adversely affected by the vacation, and in what way;

E. What effect the vacation will or may have upon property served or which might be served by said vacated street, and whether said street has been opened or constructed, and if so, to what standard;

F. How said street relates to other streets and highways, and whether other portions of the subject street or alley have already been vacated;

G. Whether the substitution of an alternate way would be more useful to the public;

H. Whether future changes in conditions may increase public use or need;

I. How the street or alley sought to be vacated became a public right-of-way;

J. Whether any utilities now exist in said street, or whether such street may be reasonably necessary for future utility uses;

K. The necessity or desirability of the city retaining an easement or the right to exercise and grant easements for emergency vehicle access and construction, repair and maintenance of public utilities and services over the land sought to be vacated. (Ord. 2474 § 1, 2000; Ord. 2106 § 1, 1993)

12.16.060 Criteria for council decision.

A. The city council shall not vacate any street, alley or parts thereof if any portion thereof abuts any body of salt or fresh water unless the vacation is sought to enable the city or state to acquire the property for port purposes, boat moorage, or launching sites, park, viewpoint, recreational or educational purposes or other public uses.

B. The street ends of G Street, H Street, Martin Street, Clark Street, Boblett Street and Cherry Street lying west of Peace Portal Drive shall be maintained from this day forward as public access and view corridor reserves.

C. The city shall not vacate any previously dedicated right-of-way unless, upon all the facts presented in public hearing, it concludes that:

1. Granting the vacation will not conflict with the general purpose and objectives of the city’s comprehensive plans for land use, transportation, utilities, drainage, parks, trails and open space; and

2. The vacation will provide a public benefit or be for a public purpose; and

3. Vacation of the right-of-way will not adversely affect the street pattern or circulation of the immediate area or the community as a whole; and

4. The right-of-way to be vacated is not contemplated or needed for future public use; and

5. There is at least one alternate mode of ingress and egress meeting city standards for emergency services available to all abutting owners, even if less convenient than the existing right-of-way; and

6. Provision has been made for utility easements where needed for the right to construct, repair and maintain public utilities and services; and

7. The request for vacation was not initiated to correct a condition created by the applicant in violation of city ordinance; and

8. The vacation will maintain or create straight and continuous right-of-way lines on at least one side for the full block. (Ord. 2633 § 1, 2006; Ord. 2474 § 1, 2000; Ord. 2106 § 1, 1993)

12.16.070 Deleted.

Deleted by Ord. 2474. (Ord. 2106 § 1, 1993)

12.16.080 City council decision.

At the conclusion of the public hearing, the city council may take the following action:

A. Pass a motion of intent to vacate all or a portion of the requested vacation stating that the city council will, by ordinance, grant the vacation with no conditions; or

B. Pass a motion of intent to vacate all or a portion of the requested vacation stating that the city council will, by ordinance, grant the vacation by means of an ordinance to be effective upon payment of fees and satisfaction by the applicant of all other stated conditions within specified time periods; or

C. Pass a motion denying the proposed vacation. (Ord. 2106 § 1, 1993)

12.16.090 Granting – Conditions.

If the city council decides to grant all or a portion of the vacation, such action shall be made by ordinance with such conditions or limitations as the city council deems necessary and proper to preserve any desired public use, benefit or interest, such as, but not limited to, reserving within the portion of the street or alley which is vacated, (1) easements for access, construction, repair and maintenance of public utilities, (2) easements for trails, and (3) easements for other public needs. (Ord. 2106 § 1, 1993)

12.16.100 Appraisals – Classes of right-of-way for purposes of appraisal, call for appraisal, posting of bond, payment required.

A. Determination of appraised value shall be made by appraisal by a state-certified appraiser of the portion of the street or alley to be vacated with valuation based on current fair market value. Such appraisals shall take into account any retained right of the city for future use which would restrict the private use of the property. For purposes of appraisal, all properties within the city primarily used or reserved for use as public ways, including streets and alleys, are declared to be within one of three classes:

1. Class I: Real property on which city holds fee simple title and which was acquired at public expense; or

2. Class II: Real property on which the interest of the city is limited to a public easement or right of use for particular purposes and not qualifying under Class III below; or

3. Class III: Easements conveyed to or held by the city for which no public funds have been expended in the acquisition, and which would otherwise be classified as Class II, except for the fact that the grantor has applied for vacation of the same.

B. Call for Appraisal, Posting of Bond, Payment Required. In the case of Class I or II properties, once city council has made findings in favor of granting the vacation request, it may adopt a motion to approve the petition conditionally, thereby directing the city clerk to secure an appraisal of the subject property. Before the city clerk calls for an appraisal, petitioner(s) shall post a $500.00 deposit with the city treasurer within 30 days of council action following the public hearing to insure payment of the cost of appraisal. Within 30 days of receipt by the city clerk of billing for the appraisal, the city shall refund any amount owed the petitioner(s) or, if the cost of the appraisal exceeds $500.00, petitioner(s) shall pay the additional amount owed within 30 days of receipt of billing. Payment deadlines herein provided may be extended on discretion of the city council on good cause shown in written application prior to the due date. Failure of applicant to pay either the deposit or the final amount billed for by these specified deadlines will nullify the petition. (Ord. 2106 § 1, 1993)

12.16.110 Amount of compensation by class of right-of-way, payment required.

A. The amount of compensation required to be paid to the city as a condition precedent to the vacation of a public way shall be determined according to the following criteria:

1. Class I property shall be considered a sale of a capital asset and shall be compensated for at 100 percent of its fair market value.

2. Right-of-way over Class II property shall be compensated for in the amount of 50 percent of the fair market value of said property.

3. Vacation of Class III rights-of-way shall not require compensation in excess of filing fees.

B. Upon notification that the amount of required compensation has been established, the petitioner(s) shall have 60 days to deposit such amount, together with other costs of processing not previously paid, with the city treasurer. Upon notification by the city treasurer of the receipt of all sums due, the city council shall, in accordance with its prior motion of approval, adopt an ordinance vacating Class I, II or III property. All funds received as compensation pursuant to this chapter shall be deposited in the city’s street fund or such other fund as council may designate. (Ord. 2106 § 1, 1993)

12.16.120 Trade in lieu of compensation.

In lieu of payment of monetary compensation, petitioner(s) may grant or dedicate to the city for street purposes real property useful for that purpose where the property to be acquired by such exchange has a fair market value at least equal to the amount of cash compensation that would otherwise be required. The city shall not be obligated to accept such an exchange and the decision of the city council on the acceptability of the alternate property offered shall be final. (Ord. 2106 § 1, 1993)

12.16.130 Waiving compensation – Other governmental agencies, entities, jurisdictions.

Where vacation or transfer of a public way is applied for by or on behalf of a nonprofit entity or another governmental agency, entity or jurisdiction, or where the city council finds that approval of the vacation provides substantial public benefit, it may waive any compensation except filing fees normally required by this chapter. A transfer or vacation of property on which compensation has been waived under this section shall be accompanied by a covenant providing that the city shall be compensated at current fair market value at the time of any future sale or lease of the subject property by such other governmental agency, entity or jurisdiction. (Ord. 2106 § 1, 1993)

12.16.150 Notice to county auditor, assessor and engineer.

A certified copy of the ordinance vacating any right-of-way shall be filed by the city clerk with the county auditor, county assessor, and county engineer. (Ord. 2106 § 1, 1993)

Chapter 12.20
PUBLIC WORKS CONSTRUCTION

Sections:

12.20.010 Standard Specification adopted.

12.20.010 Standard Specification adopted.

A certain document, copies of which are on file in the office of the city clerk and the public works department, and which is also available for downloading from the Internet at:

http://wsdot.wa.gov/fasc/engineeringpublications/

being marked and designated as “Standard Specification for Road, Bridge and Municipal Construction”, current edition, jointly published by the American Public Works Association and the Washington State Department of Transportation, is adopted as the construction code of the city for specifying requirements and covenants and for providing standard forms and drawings, and shall regulate construction of public works to include streets and related work, sanitary sewers, storm sewers, and water distribution. Each and all of the regulations, provisions, penalties, conditions and terms contained therein are referred to, adopted and made part of this code as if fully set forth in this chapter. (Ord. 2486 § 1, 2001; Ord. 1450 § 1, 1976; prior code § 9-1101)

Chapter 12.24
HAULING ON STREETS*

Sections:

12.24.010 Construction and loading of vehicles.

12.24.020 Violation – Penalty.

* For other provisions within this code on loads and hauling over streets, see BMC 8.16.190 and Chapter 10.16 BMC.

12.24.010 Construction and loading of vehicles.

It is declared unlawful to haul any gravel, earth, sand or rock, or mill wood, except four-foot slabs, across or over or upon any street or alley in the city in any wagon or vehicle not provided with a closed bottom, sides and ends, so as to prevent the scattering of any such material upon such streets and alleys. It is also unlawful to load any such wagon or vehicle so full of any such material so that the same will spill over the top of the box upon the streets or alleys in the city in hauling. (Ord. 465 § 1, 1915)

12.24.020 Violation – Penalty.

Any person, firm or corporation who hauls or causes to be hauled any such material contrary to the provisions of BMC 12.24.010 is guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding $25.00. (Ord. 465 § 2, 1915)

Chapter 12.26
PUBLIC AREA USE PERMIT SYSTEM

Sections:

12.26.010 Definitions.

12.26.020 Private use of right-of-way without permit prohibited.

12.26.030 Exemptions.

12.26.040 Applications.

12.26.050 Issuance of permit.

12.26.060 Revocation.

12.26.070 Appeal.

12.26.080 Authorization to promulgate rules and regulations.

12.26.090 Existing uses a violation.

12.26.100 Violation – Penalty.

12.26.010 Definitions.

For the purposes of this chapter:

A. “City” means the city of Blaine.

B. “City council” or “council” means the city council of the city of Blaine.

C. “Hazardous materials” means such materials as flammable solids, corrosive liquids, radioactive materials, oxidizing materials, highly toxic materials, poisonous gases, reactive materials, unstable materials, hyperbolic materials and pyrophoric materials, and any substance or mixture of substances which is an irritant, a strong sensitizer or which generates pressure through exposure to heat, decomposition or other means.

D. “Junk” means all abandoned motor vehicles and all motor vehicles incapable of being operated, all old appliances or parts thereof, all old iron or other metal, glass, paper, cardboard, old lumber, old wood, old mattresses and all other waste or discarded material, whether or not trailered or otherwise above the surface of the ground.

E. “Right-of-way” means the entire width between the boundary lines of every piece of property designated as a public right-of-way, whether any portion of the right-of-way is used by the public for either pedestrian or vehicular travel.

F. “Street” means that portion of the right-of-way, if any, which is used for vehicular travel.

G. “Temporary” means a period not to exceed 60 days. (Ord. 1835 § 1, 1987)

12.26.020 Private use of right-of-way without permit prohibited.

It is unlawful for any person to either temporarily or permanently use or utilize any portion of a right-of-way (whether or not improved and including sidewalk or walkway) for personal use, place of business or other private use, without first obtaining from the city a use permit; provided, however, that this section shall not be construed to prohibit the incorporation of the unused right-of-way portion of any improved street into the landscaping design of the abutting private property, and further provided, that uses specifically authorized under other sections of the municipal code shall be exempted from the requirements of this section. (Ord. 1835 § 2, 1987)

12.26.030 Exemptions.

Those uses exempted by BMC 12.26.020 from the necessity of obtaining a permit shall not be deemed to have vested any right of uses and any such use shall be removed upon the order of the city at the sole cost and expense of the user. (Ord. 1835 § 3, 1987)

12.26.040 Applications.

Applications shall be made to the chief of police or designee on a format as prescribed and provided by the department. The applications shall contain such information as the police chief or designee deems necessary including, but not limited to, evidence that the applicant is either the owner or entitled to possession of the property adjoining the public right-of-way sought to be used, and a full and complete description of the use to be made of the public right-of-way by the applicant and the duration of such proposed use. (Ord. 2165 § 1, 1994; Ord. 1835 § 4, 1987)

12.26.050 Issuance of permit.

The approving authority for public area use permits shall be the chief of police or designee. The chief of police or designee may issue the permit to the applicant for a period not to exceed 60 days if all requirements deemed relevant by the chief of police are met. Such permits shall be limited to a single issuance in any 12-month period. Requirements shall include, but are not limited to, the following:

A. Except for special provisions outlined in subsection D of this section, no permit shall be issued for commercial and business uses;

B. The proposed use will not protrude into or over any portion of a public right-of-way open to vehicle or pedestrian travel in such a manner as to create a likelihood of endangering the use of such place by vehicles or pedestrian travel. In addition, in the event the requested permit involves encroachment or partial obstruction of a sidewalk or other walkway open to the public, a minimum of five feet of unobstructed sidewalk or other walkway shall be maintained at all times. Furthermore, no permit shall be issued for any proposed use involving or including hazardous materials or junk, as these terms are defined herein, and, permanent structures shall not be permitted;

C. The proposed use will not involve the obstruction of fire hydrants, water meters, water valves, storm sewer catch basins, storm or sanitary sewer manholes, electrical switches, electrical transformers or meters or other electrical appurtenances;

D. Except for special provisions in the central business zone, if the proposed use involves obstruction of a portion of a public sidewalk or other walkway, the permit shall be issued for a period not to exceed 10 days. Within the central business zone, permits for commercial or business uses on right-of-way may be issued upon application to and approval by the chief of police or designee. Permits for these purposes issued by the chief of police or designee shall be subject to annual review and approval;

E. The applicant shall agree to indemnify, defend and hold the city harmless from any and all claims for bodily injury or property damage that may arise out of or in connection with the applicant’s permitted use;

F. Such other conditions as are imposed by the chief of police or designee to reasonably assure that the requested use does not in any way create a likelihood of endangering those who are lawfully using the public right-of-way; and

G. All conditions shall be inscribed on or attached to the permit. (Ord. 2165 § 2, 1994; Ord. 1881 § 1, 1988; Ord. 1835 § 5, 1987)

12.26.060 Revocation.

A. All permits issued pursuant to this chapter shall be temporary, shall vest no permanent right in the applicant, and may be revoked by the chief of police upon the occurrence of any of the following:

1. Violation of any of the terms and conditions of the permit, for which the remedy is immediate revocation of the permit;

2. Without notice in the event such use shall become, for any reason, dangerous or any structure or obstruction permitted shall become insecure or unsafe.

B. If any use or occupancy for which no permit was issued, or for which the permit has been revoked is not immediately discontinued, the chief of police or his designee may remove any such structure or obstruction or cause to be made such repairs upon the structure or obstruction as may be necessary to render the same secure and safe, or to restore the public property to its condition prior to issuance of the permit if damage has resulted to the property by the use. The cost and expense of the repairs, removal or restoration shall be assessed against the permittee, including all professional or other fees associated with the enforcement of the collection of the same. (Ord. 1835 § 6, 1987)

12.26.070 Appeal.

Any decision of the police chief or his designee with respect to the issuance or refusal to issue a permit or his revocation of or his refusal to revoke a permit may be appealed to the city council by filing a notice of said intent to appeal such decision with the city clerk within 10 days of the date of issuance of the decision being appealed. If an appeal from any such decision is taken, the city council shall complete the review and issue a final decision within 30 days of the date of the filing of the appeal. (Ord. 1835 § 7, 1987)

12.26.080 Authorization to promulgate rules and regulations.

The chief of police or designee is authorized to promulgate all necessary rules and regulations to fully and completely implement the purposes and intent and otherwise ensure enforcement of the provisions of this chapter. (Ord. 2165 § 3, 1994; Ord. 1835 § 8, 1987)

12.26.090 Existing uses a violation.

Any existing use which becomes a violation upon adoption of the ordinance codified in this chapter may make application for a permit as provided herein. Any such existing use not issued a permit shall be required to be removed by the owner or person responsible within 10 days. Any violation not removed within 10 days shall be removed in accordance with the provisions of BMC 12.26.060. (Ord. 1835 § 9, 1987)

12.26.100 Violation – Penalty.

Violation of any section of this chapter by any person, firm or corporation, shall constitute a civil infraction. Each day any person, firm or corporation is in violation of any section of this chapter shall be a separate infraction. The maximum penalty for any infraction shall be a fine not to exceed $500.00. The minimum penalty for the first infraction shall be $25.00; the minimum penalty for the second infraction shall be $50.00; and the minimum penalty for the third or any subsequent infraction shall be $100.00. (Ord. 1881 § 2, 1988)

Chapter 12.27
RIGHT-OF-WAY USE

Sections:

12.27.010 Definitions.

12.27.020 Obstruction of streets – Prohibited.

12.27.030 Obstruction of streets – Permitted exemptions.

12.27.040 Obstruction of unopened streets – Permit required.

12.27.050 Obstruction of right-of-way – Permit required.

12.27.060 Obstruction of sidewalks and planting strips – Prohibited.

12.27.070 Obstruction of sidewalks – Removal of ice, snow, dirt and other accumulations and maintenance of planting strips abutting private property.

12.27.080 Obstruction of sidewalks and planting strips – Exceptions without permit.

12.27.090 Obstruction of sidewalks or planting strips – Permit required.

12.27.100 Permit – Processing.

12.27.110 Permit – Issuance by City engineer.

12.27.120 Application – Fee.

12.27.130 Obstructions – Standards.

12.27.140 Permit – Conditions.

12.27.150 Permit – Terminable at will – Appeals.

12.27.160 Prohibited obstructions – Declared nuisance.

12.27.170 Liability for costs.

12.27.180 Violation – Penalty.

12.27.010 Definitions.

For the purpose of this chapter, the following words have the meaning designated herein unless the context indicates otherwise:

A. “City” means the city of Blaine.

B. “City council” means the city council of the city of Blaine.

C. “City engineer” means the city engineer for the city of Blaine or his authorized designee.

D. “Exhibition” means a public display of goods or articles under the sponsorship of the applicant where any such goods or articles are sold or offered for sale at retail or are displayed upon the public streets or rights-of-way of the city. Examples of exhibitions are: agricultural show; industrial show; sports show; trade show; sidewalk sales; street fairs; public markets; carnivals; parades; demonstrations; walking/running/bicycling/wheelchair events; and civic sponsored events.

E. “Mobile sales cart” means a moveable wheeled cart no larger than 10 square feet in size, as viewed from above.

F. “Parade” means an organized assembly of vehicles, floats, and/or animals traveling on a public right-of-way with the intent to entertain an audience assembled along the right-of-way.

G. “Permit” means a “right-of-way use permit” issued by the city engineer.

H. “Planting strip” means that portion of the right-of-way, if any, between a street and the adjacent sidewalk.

I. “Right-of-way” means the entire width between the boundary lines of every piece of property designated as a public right-of-way, whether any portion of the right-of-way is used by the public for either pedestrian or vehicular travel.

J. “Sidewalk” means that portion of the right-of-way, if any, which is designed for pedestrian use, adjacent and parallel to a street. “Sidewalk” includes the area which would otherwise be a planting strip, if the area is either covered with cement or another durable surface, or is otherwise used for pedestrian travel.

K. “Street” means that portion of the right-of-way, if any, which is used for vehicular travel, including alleys.

L. “Unopened right-of-way” means a right-of-way which is not used for either pedestrian or vehicular travel. (Ord. 2235 § 1, 1996)

12.27.020 Obstruction of streets – Prohibited.

Except as may be specifically provided by this chapter, it is unlawful to erect, maintain or allow to remain on any street in the city a permanent or temporary structure or thing which in any way obstructs, hinders, jeopardizes, injures or delays the use of the street by pedestrians, vehicles or bicycles; provided, that the city may close any street at any time when the city engineer or the director of public safety determines such closure to be necessary to protect the public health, safety or welfare. (Ord. 2235 § 1, 1996)

12.27.030 Obstruction of streets – Permitted exemptions.

Notwithstanding the provisions of BMC 12.27.020, construction or excavation work shall be exempt from the terms of this chapter; provided, that a permit for such work issued under Chapter 12.04 BMC shall constitute the permit necessary for such work. (Ord. 2235 § 1, 1996)

12.27.040 Obstruction of unopened streets – Permit required.

Notwithstanding the provisions of BMC 12.27.020, a permit for an obstruction of an unopened or unoccupied street of the city for a period not to exceed one year may be issued by the city engineer; provided, however, that no such permits shall be issued to any person, firm or corporation which does not own the underlying fee title to the portion of the street sought to be obstructed, and no such permit shall be transferable. (Ord. 2235 § 1, 1996)

12.27.050 Obstruction of right-of-way – Permit required.

Notwithstanding the provisions of BMC 12.27.020, the following obstructions of right-of-way may be permitted if a permit therefor is obtained from the city under this chapter; provided, that the city engineer and the director of public safety shall determine what traffic barricades and where they are to be located, if any are necessary. The applicant will provide such barricades, place them according to specifications provided by the city and shall be responsible for maintaining them during the permit period and removing them at the completion of the function for which they were necessary:

A. Exhibitions;

B. Parades;

C. Temporary devices such as scaffolding, barricades and/or pedestrian walkways, which may be permitted under certain conditions as specified by the city engineer, where the right-of-way use is necessary to improve the safety of construction work on private property and where an excavation permit is not required. (Ord. 2235 § 1, 1996)

12.27.060 Obstruction of sidewalks and planting strips – Prohibited.

Except as may be specifically provided by this chapter, it is unlawful to erect, maintain or allow to remain on any sidewalk or planting strip of the city any temporary or permanent structure or thing which in any way obstructs, hinders, jeopardizes, injures or delays the use of the sidewalk or planting strip for pedestrian traffic; or hinders or obstructs the use of the adjacent street for vehicular traffic, including, but not limited to, structures or devices used for advertising an adjacent business, the use of the sidewalk for sale or display of merchandise, except as otherwise provided by this chapter. (Ord. 2235 § 1, 1996)

12.27.070 Obstruction of sidewalks – Removal of ice, snow, dirt and other accumulations and maintenance of planting strips abutting private property.

A. When the obstruction of a sidewalk consists of either ice, snow, mud, dirt, earth, plant refuse, paper, debris or other accumulated material, the abutting property owner shall, within 24 hours after the deposit of such material upon such sidewalk, remove such material from that portion of the sidewalk upon which such owner’s property abuts. To prevent obstruction of sidewalks by vegetation in planting strips, abutting property owners shall maintain such strips by trimming grass or weeds therein to a maximum height of 18 inches.

B. Any accumulation of ice, snow, mud, dirt, earth, plant refuse, paper, debris, tall grass or weeds, or other material that shall remain more than 48 hours upon a sidewalk is hereby declared a public nuisance. If the owner of the abutting property refuses to comply with the requirements of subsection A of this section after demand therefor by either the city engineer or the director of public safety, the city engineer, under the direction of the public safety director, shall cause such accumulation constituting a nuisance to be removed. All expenses of such removal, including the costs of litigation, if necessary, shall be chargeable to the owner of the abutting property. (Ord. 2235 § 1, 1996)

12.27.080 Obstruction of sidewalks and planting strips – Exceptions without permit.

Notwithstanding the provisions of BMC 12.27.060, the following obstruction shall be permitted on sidewalks or planting strips without a permit:

A. Merchandise being moved into or out of an adjacent business; provided, that such merchandise does not remain on the sidewalk or planting strip for more than 30 minutes;

B. Fire hydrants;

C. Planters and other landscaping placed by the city;

D. Benches and bicycle racks placed by the city;

E. Communication and light poles, placed either by the city or pursuant to franchise granted by the city;

F. Flagpoles or standards therefor placed by the city;

G. Traffic-control devices placed by the city;

H. Refuse containers, either placed directly by the city, or where the location of the container is on a sidewalk or planting strip as required by the city;

I. Newspaper dispensers or newsracks;

J. Postal boxes, either individual or group, erected according to city specifications;

K. Solicitation by civic or nonprofit organizations;

L. Landscaping that is semi-permanent in nature that can be removed from the sidewalk area or planting strip at the expense of the owner upon notice by the city. Such landscaping shall be less than 30 inches above the established grade at the curb line or roadway shoulder area. Such landscaping may include fences that are less than 30 inches in height;

M. Street musicians, which are hereby permitted outright without any other permit required to be obtained from the city; provided, that normal public use of the right-of-way is not interfered with and that the public safety is not impaired, as determined by the city engineer, the director of public safety, or their respective designees. (Ord. 2235 § 1, 1996)

12.27.090 Obstruction of sidewalks or planting strips – Permit required.

Notwithstanding the provisions of BMC 12.27.060, the following obstructions of sidewalks or planting strips may be placed by private parties, if a permit therefor is obtained from the city under this chapter:

A. Benches;

B. Litter receptacles;

C. Clocks;

D. Bicycle racks;

E. Merchandise displays, limited to special sales events of no more than seven days continuously, with a maximum of 14 days in any 30-day period, and no more than 60 days in any calendar year, and displayed abutting the business offering such merchandise in such a way that an unobstructed pedestrian corridor is maintained at a minimum width of five feet;

F. Telephone booths;

G. Private planters and other landscaping higher than 30 inches above the established grade at the curb line or roadway shoulder;

H. Hanging planters attached to city poles or otherwise overhanging city right-of-way, with a minimum clearance of seven feet above sidewalks, eight feet above bicycle lanes, 15 feet above arterials, and 14 feet above all other roadways;

I. Any other obstruction sought to be placed upon a sidewalk by the city for a public purpose;

J. Additions to the facades of buildings existing on the effective date of this chapter, which buildings are built up to the right-of-way line of the public street; provided, that such addition shall not exceed six inches in depth as measured perpendicular to the existing facade;

K. Sidewalk cafes; provided, that an unobstructed pedestrian corridor is maintained at a minimum width of five feet; and that such permit shall last for one calendar year and must be renewed each year;

L. Any other sidewalk or planting strip obstruction which is determined to provide a public benefit, although the obstruction constitutes a private use of the public street;

M. Fences, retaining walls, terracing and other similar structures;

N. Mobile sales carts; provided, that:

1. Such permit shall last for only one calendar year and must be renewed each year;

2. The cart may only vend from a stationary position which shall be established and specified in the permit and shall be removed at night;

3. The applicant shall maintain the area in the vicinity of his cart free of litter and/or debris and provide one litter receptacle;

4. The applicant shall adhere to such other conditions that may be placed upon the permit. (Ord. 2235 § 1, 1996)

12.27.100 Permit – Processing.

A. Application for a permit for a street, sidewalk or planting strip obstruction under sections of this chapter shall be made to the city engineer on a form supplied by the engineering department.

B. The application for a permit shall contain such information as is required by the engineering department, including, but not limited to:

1. A description of the obstruction;

2. Drawings and specifications for the obstruction, sufficient so that its compliance with this chapter may be reviewed by the department;

3. A description of the method of compliance with the standards for installations for sidewalk obstructions established by provisions of this chapter.

C. Upon receipt of an application, the city engineer shall forward the application to such departments as he/she shall deem appropriate for comment. Such comments shall be provided to the city engineer within 14 days of forwarding the application for comment. (Ord. 2235 § 1, 1996)

12.27.110 Permit – Issuance by City engineer.

A. For a permit sought under this chapter, the city engineer shall determine whether the application complies with the standards and terms of this chapter. If the application does comply with this chapter and is in the public interest, the city engineer may issue a permit for the placement of an obstruction.

B. If the city engineer denies the permit, he/she shall so indicate to the applicant in writing, stating the reasons for the denial.

C. The applicant for the permit may appeal such denial to the city council for review. A written notice of appeal shall be made to the city clerk within 10 working days by certified mail, or by personal delivery, of the denial by the city engineer.

D. At its next meeting after receipt of the appeal, the city council shall determine, based upon the report of the city engineer, whether the application complies with the terms and standards of this chapter. The city council may affirm or reverse, or affirm with alterations, the action of the city engineer. In such a review by the city council, the applicant for the permit shall be afforded the opportunity to be heard by the council.

E. The council shall make written findings of fact supporting its determination, which shall be entered into the minutes of the council. (Ord. 2235 § 1, 1996)

12.27.120 Application – Fee.

The application, including applications for renewals, shall be accompanied by the necessary application fee, which fee shall be established by the city council by resolution from time to time. (Ord. 2235 § 1, 1996)

12.27.130 Obstructions – Standards.

Each obstruction proposed to be placed upon a sidewalk, street or planting strip of the city shall comply, at a minimum, with the following standards:

A. The location of the obstruction shall be consistent with the paramount right of the public to use the street, sidewalk or planting strip for transportation purposes.

B. The location of the obstruction, and/or the obstruction itself, shall be adequately lighted for night visibility, if the obstruction area is not lighted and pedestrians are present at night.

C. The location of the obstruction shall not constitute a traffic hazard either by itself, or by its effect upon the visibility of persons using the street or sidewalk.

D. If locations for the particular type of obstruction are required by the existence of other structures, obstructions, ordinances or other regulations, the obstruction shall be located where so required.

E. The obstruction shall not be permitted for longer than the period necessary for accomplishing the proposed purpose for such obstruction.

F. All other state and local ordinances will be applicable and shall be complied with.

G. The applicant must demonstrate that it is necessary to use the public street, sidewalk, or planting strip, and that there is no other means available to accomplish the desired purpose, except by the use of the public right-of-way, street or planting strip.

H. No one shall plant in any public right-of-way any cottonwood, London plane, weeping willow, gum or any other tree the roots of which cause injury to the sewers, water mains, sidewalks, or pavements, or which breed disease dangerous to other trees or to the public health or allow to remain in any public right-of-way any planted tree which has become dead or is in such condition as to be hazardous to the public use of the street and/or sidewalk, and any such trees now existing in any such planting strip or abutting street area shall be removed at the expense of the abutting property owner as may be directed by the city. No tree shall be planted within two feet of any sidewalk or pavement, except as may be otherwise approved.

I. No flowers, shrubs, or trees shall be allowed to overhang or prevent the free use of the sidewalk or roadway, or street maintenance activity or utility use of the street except that trees may extend over the sidewalk when kept trimmed to a height of seven feet above the same, eight feet above any bicycle lane, 15 feet above arterials, and 14 feet above all other roadways. Trees so placed shall also be trimmed so as to remain at least 10 feet below power lines and three feet below communication lines if present. (Ord. 2235 § 1, 1996)

12.27.140 Permit – Conditions.

The following shall constitute minimum conditions to be applied to the permit:

A. The applicant for a permit shall execute a hold-harmless guaranty to the city, agreeing to hold the city harmless from, and defend the city against, any causes of action for personal injury or property damage arising out of, or in any way connected with, the placement of the obstruction on the city street, sidewalk or planting strip.

B. The applicant shall provide, and maintain in force, a certificate of insurance, or a bond of like amount, with the city named as an additional insured, insuring against property damage or personal injury, with limits of not less than $300,000 per incident, $300,000 per person personal injury, and $100,000 property damage, except for benches, litter receptacles, bicycle racks, and private planters, other landscaping, fences, walls and others so exempted by the city engineer. On recommendation of the city engineer and city attorney, this amount can be increased if warranted by the proposed use of the right-of-way.

C. The property owner or applicant shall maintain the obstruction in compliance with the standards and conditions imposed upon the placement of the obstruction by the city. Maintenance of the obstruction shall include the removal of litter and/or debris which may accumulate on or around the obstruction.

D. For permanent structures placed in the right-of-way, including but not limited to fences higher than 30 inches, rockeries, walls, stairs and ramps, the applicant (property owner) for a permit shall execute an “agreement to remove encroachment within public right-of-way.” Such agreement shall guarantee removal of the encroaching improvements upon public rights-of-way within 60 days’ written notice from the city engineer and shall be recorded by the city with the county auditor as an encumbrance on the property adjoining the public right-of-way. Such work shall be done in accordance with the requirements deemed necessary by the city engineer and at the cost of the property owner. If the obstruction is not removed, the obstruction shall be declared a nuisance to be abated pursuant to provisions of this chapter. (Ord. 2235 § 1, 1996)

12.27.150 Permit – Terminable at will – Appeals.

A. Any permit issued pursuant to this chapter is subject to termination upon written notification by the city engineer at any time, without cause, and the permit shall so state on its face.

B. Any person who has a permit terminated by the city engineer may appeal such termination to the city council, by giving written notice of such appeal, within 10 working days of mailing by certified mail, or 10 working days by personal delivery, of the termination by the city engineer. The city council shall consider the appeal at its next possible public meeting after the filing of the notice of appeal, and may uphold or reverse the termination. (Ord. 2235 § 1, 1996)

12.27.160 Prohibited obstructions – Declared nuisance.

All obstructions not in conformance with the terms of this chapter of the Blaine Municipal Code are hereby declared to be nuisances. When judgment shall be rendered against any person, firm or corporation finding them guilty of creating, keeping or maintaining a nuisance as provided in this chapter, it shall be the duty of the court before whom the conviction is had, in addition to imposing the penalty or penalties provided for in this chapter, to order the defendant or defendants in such action to forthwith abate and remove such nuisance. If the same is not done by such offender within the time specified by order of the city engineer, the same shall be abated and removed under the direction of the city engineer or any other officer authorized by the court. The order of abatement shall be entered upon the docket of the court and made a part of the judgment in the action. (Ord. 2235 § 1, 1996)

12.27.170 Liability for costs.

Any person, firm or corporation found guilty of keeping or maintaining a nuisance as provided in this chapter shall be liable for all costs and expenses of abating the same when the nuisance has been abated by any officer of the city, which costs and expenses shall be assessed as part of the costs of the prosecution against the party liable, to be recovered as other costs are recovered; provided, that in such cases the city shall be liable in the first instance to pay the same. In all cases where the city engineer or other officer shall abate any such nuisance, he/she shall keep an account of all expenses attending such abatement. In addition to other powers given in this chapter to collect such costs and expenses, the city may bring suit for the same in any court of competent jurisdiction against the person, firm or corporation creating, keeping or maintaining the nuisance so abated. (Ord. 2235 § 1, 1996)

12.27.180 Violation – Penalty.

Any person, firm or corporation violating any of the provisions of this chapter or who creates, keeps or maintains any nuisance as defined in this chapter shall upon first conviction be fined in any sum not exceeding $250.00. For conviction of a second violation, which is a misdemeanor, the fine shall not exceed $500.00, with a maximum imprisonment of 90 days, or both such fine and imprisonment at the discretion of the court. For conviction of a third or subsequent offense, the fine shall not exceed $1,000, with a maximum imprisonment of one year, or both such fine and imprisonment at the discretion of the court. For each act prohibited in this chapter of a continuing nature, each day shall be considered a separate offense. (Ord. 2235 § 1, 1996)

Chapter 12.28
PRIVATE SIDEWALK CROSSINGS

Sections:

12.28.010 Approval required – Maintenance.

12.28.020 Violation – Penalty.

12.28.010 Approval required – Maintenance.

No private crossing shall be constructed over or across any sidewalk in the city after the adoption of the ordinance codified in this chapter without the written permission of the street superintendent, and subject to his supervision, control and approval. All such private crossings constructed after the adoption of the ordinance codified in this chapter, or then existing, shall be kept in good repair. (Ord. 798 § 1, 1930)

12.28.020 Violation – Penalty.

Every person found guilty of a violation of this chapter is guilty of a misdemeanor, and upon conviction thereof may be fined not to exceed $100.00 or imprisoned in the city jail for not to exceed 30 days. (Ord. 798 § 2, 1930)

Chapter 12.29
ASSESSMENT REIMBURSEMENT CONTRACTS – AVAILABILITY OF STATUTES

Sections:

12.29.010 Chapter 35.72 RCW available to public.

12.29.010 Chapter 35.72 RCW available to public.

This section is intended to implement and thereby make available to the public the provisions of Chapter 35.72 RCW as the same now exists or may hereafter be amended. Chapter 13.12 BMC contains all provisions for “Street, Drainage, Water, Sewer and Electric Improvements – Assessment Reimbursement Contracts.” (Ord. 2379 § 4, 1998)

Chapter 12.32
CITY PARKS*

Sections:

12.32.010 Park closures – City park hours of operation.

12.32.020 Definitions.

12.32.030 Prohibited activities.

12.32.040 Enforcement of codes.

12.32.050 Posting signs, posters and notices.

12.32.060 Firearms and explosives.

12.32.070 Animal at large prohibited.

12.32.080 Teasing, annoying or injuring animal prohibited.

12.32.090 Camping.

12.32.100 Depositing refuse and litter.

12.32.110 Fires.

12.32.120 Regulations of organized activities.

12.32.130 Permits for special events.

12.32.140 Consumption of alcohol in city parks.

12.32.150 Closed areas.

12.32.160 Violations – Penalties.

* Prior legislation: Ord. 2389.

12.32.010 Park closures – City park hours of operation.

A. All municipal parks shall be closed to the general public between one hour after sunset and one hour before sunrise unless the city manager or his/her designee grants an exemption for an authorized special event.

B. Any person found in a city park when the park is closed shall be guilty of a misdemeanor.

This section shall not apply to city employees when performing official duties or to any local, county, state or federal law enforcement officer or firefighter engaged in official duties. (Ord. 2421 § 1, 1999)

12.32.020 Definitions.

The terms herein used, unless clearly contrary to or inconsistent with the context in which used, shall be construed as follows:

A. “City,” unless specified otherwise, means the city of Blaine.

B. “Park” includes all city parks, public squares, park drives, designated street ends, parklets, beaches and play and recreation grounds under the jurisdiction of the parks and cemetery board.

C. “Cemetery,” unless otherwise specified, means the city of Blaine cemetery located at 4155 H Street Road.

D. “Park and cemetery board” means the members of the park and cemetery board of the city.

E. “City manager” means the city manager or his/her designee.

F. “BMC” means Blaine Municipal Code. (Ord. 2421 § 1, 1999)

12.32.030 Prohibited activities.

Activities not permitted in a park or cemetery shall include, but not be limited to the following:

A. Possessing, consuming and/or being under the influence of intoxicating liquors, drugs or narcotics;

B. Exposing or offering for sale any article or thing or stationing or placing in a stand, cart or vehicle any article or object for transportation, sale or display. This provision does not apply to regularly or specially licensed concessionaires acting by and under the direction of the city manager or designee. The city manager may also give permission for such activities on a temporary basis providing there is no conflict with the regularly constituted concessionaire;

C. Distributing, leaving, throwing, tacking or pasting any signs, handbills, posters, advertisements or inscriptions for advertising any goods, materials, meetings, people or for other similar purposes;

D. Soliciting, interfering with, or accosting other people for selling, begging, immoral acts or other similar purposes;

E. To willfully remove, destroy, dig, burn, mutilate, or deface any structure, monument, statue, fountain, wall, fence, vehicle, bench, shrub, tree, lawn or grass, plant, flower, lighting system or sprinkling system or other property lawfully in any park or cemetery;

F. To willfully plant or place any structure, monument, statue, fountain, wall, fence, vehicle, bench, shrub, tree, lawn or grass, plant, flower, or lighting system is prohibited;

G. To use plastic flowers from April to October or glass containers in the cemetery;

H. Discarding of household garbage;

I. The use of all-terrain vehicles or motorized wheeled transportation devices as defined in Chapter 10.13 BMC;

J. Riding horses, except in designated areas, providing the horse is under control and never left unattended at any time. Owners or riders shall be held responsible for any mess created or caused by their animal. (Ord. 2595 § 2, 2004; Ord. 2421 § 1, 1999)

12.32.040 Enforcement of codes.

The following is designed to be an exercise of the police power of the state of Washington and the city of Blaine for the public peace, health, safety and welfare and its provisions shall be liberally construed.

A. It shall be the responsibility of the police department of the city to enforce all provisions of the city park code, including park and cemetery rules and regulations adopted by the park and cemetery board.

B. The public safety director and his/her designees shall be empowered to exercise the authority of peace officers to the extent necessary to enforce the city park code, which power shall include issuance of citations.

C. Persons designated by the public safety director to enforce the park code shall bear identification reflecting the authority under which they act, which identification shall be shown to any person requesting the same. (Ord. 2421 § 1, 1999)

12.32.050 Posting signs, posters and notices.

A. It is unlawful to use, place or erect any signboard, sign, billboard, bulletin board, post, pole or device of any kind of advertising in any park; or to attach any notice, bill, poster, sign, wire, rod or cord to any tree, shrub, railing, post or structure in any park; or without the written consent of the city manager or his/her designee, or parks and cemetery board, to place or erect in any park, a structure of any kind.

B. The following temporary signs may be erected in city parks; temporary, directional signs or decorations on occasions of public celebration and picnics, which must be removed following the event. (Ord. 2421 § 1, 1999)

12.32.060 Firearms and explosives.

A. It is unlawful to shoot, fire or explode any firearm, torpedo or explosive of any kind or to carry any firearm or to shoot or fire any air gun, bows and arrows, BB gun or use any slingshot in any park.

B. Approved fireworks per Chapter 5.16 BMC on the 4th of July are allowed in designated areas, except for Lincoln, Monfort, Skallman and Marine Parks.

C. City-sponsored or approved firework events may be allowed in Marine Park. (Ord. 2421 § 1, 1999)

12.32.070 Animal at large prohibited.

A. It is unlawful for any person to allow or permit any dog or animal to run at large in any park, except guide or service dogs or dogs used by a law enforcement officer or as permitted by Chapter 6.08 BMC. The owner or handler of any animal is responsible for the animal’s behavior and shallpromptly remove fecal matter deposited by the animal.

B. It is unlawful for any person to permit any dog or animal, whether on or off leash, to disturb or harass any park personnel or park users. (Ord. 2421 § 1, 1999)

12.32.080 Teasing, annoying or injuring animal prohibited.

A. It is unlawful for any person in any park, in any manner, to tease, annoy, disturb, molest, catch, injure or kill, feed or throw any stone or missile of any kind at or strike with any stick or weapon any animal, bird or fowl; or to catch any fish or feed any fowl except at those places as may be so designated for the catching of fish or the feeding of fowl by the city.

B. It is unlawful for any person to permit any dog or animal, whether on or off a leash, to disturb or harass farm animals, wildlife or other pets. (Ord. 2421 § 1, 1999)

12.32.090 Camping.

It is unlawful to camp in any park except at places, which may be set aside for such purposes by the city council as recommended by the parks and cemetery board and so designated by signs. (Ord. 2421 § 1, 1999)

12.32.100 Depositing refuse and litter.

It is unlawful to throw any refuse, litter, glass, crockery, nails, shrubbery, trimmings, junk or advertising matter in any park or cemetery or deposit any such material therein except in designated receptacles. Litter receptacles shall be limited to park users only. (Ord. 2421 § 1, 1999)

12.32.110 Fires.

It is unlawful to build any fire in any park except in areas clearly identified and designated by the city council as recommended by the parks and cemetery board. (Ord. 2421 § 1, 1999)

12.32.120 Regulations of organized activities.

The parks and cemetery board shall promulgate regulations for conduct of organized activities in city parks and attendant facilities in accordance with the provisions of applicable city ordinances, and such policies as may be established from time to time by the parks and cemetery board. The announcement of these regulations and subsequent revisions shall be for the purpose of achieving the following ideals:

A. Ensuring the safety, comfort and convenience of the public;

B. Securing maximum use of the facilities within the carrying capacity of the facilities;

C. Ensuring that organized activities do not fully utilize all available space; that some area is reserved for family or individual activities.

In the event of a conflict of schedules, local in-city groups shall have preference over out-of-city groups. (Ord. 2421 § 1, 1999)

12.32.130 Permits for special events.

Permits for special events in a recreation and park facility or for the use of specific areas in such a facility by individuals or groups may be issued by the city manager upon written application. Any individual or group receiving the permit shall be subject to all applicable park regulations and city ordinances in the use of city facilities. The permit shall state that the city shall be held harmless for any loss, damage or injuries sustained by any person or property resulting from the exercise of the permission granted by the permit. The city manager shall revoke any permit where a city ordinance is being violated or use is not accordance with that for which the permit was granted. (Ord. 2421 § 1, 1999)

12.32.140 Consumption of alcohol in city parks.

Opening, possessing alcoholic beverage in an open container, or consuming any alcoholic beverages in any city park or city park area is prohibited. (Ord. 2421 § 1, 1999)

12.32.150 Closed areas.

Any section or portion of any park may be declared closed by the city manager at any time, either temporarily or at regularly stated intervals. If a section will remain closed for over a month, the city manager shall consult with the board. In the event that the use of the park is to be permanently changed, then the park and cemetery board shall forward a recommendation to the city council for concurrence. (Ord. 2421 § 1, 1999)

12.32.160 Violations – Penalties.

Violations of this chapter shall be punishable as misdemeanors with maximum penalties of 90 days in jail and $1,000 in fines. (Ord. 2421 § 1, 1999)