Title 12
STREETS, SIDEWALKS AND PUBLIC PLACES

Chapters:

12.04 Railway Crossing Lights

12.08 Maintenance of Parking Strips

12.14 Sidewalks

12.20 Right-of-Way Maintenance and Connections

12.25 Community Event Restrictions – Bikes, Scooters and Skateboards

Chapter 12.04
RAILWAY CROSSING LIGHTS

Sections:

12.04.010 Required.

12.04.020 Illumination from dusk until dawn.

12.04.030 Cost of installation and maintenance responsibilities.

12.04.040 Violation – Penalty.

12.04.010 Required.

Any person, firm or corporation operating any railroad or street railway line within the city limits of the city of Sultan, where its tracks intersect and cross any street, alley or public way, shall, within 20 days after the taking effect of the ordinance codified in this chapter, in order to provide protection to persons and property, install and maintain at said crossings and intersections of its tracks, a suitable light or lights, of such size and character as shall be approved by the city council. (Ord. 122 § 1, 1923)

12.04.020 Illumination from dusk until dawn.

The said light or lights shall be kept burning continuously every night from dusk until dawn. (Ord. 122 § 2, 1923)

12.04.030 Cost of installation and maintenance responsibilities.

Every such light shall be installed and maintained at the sole cost and expense of said person, firm or corporation operating said railroad or street railway line, and subject to the approval of the city council; and the same shall forever thereafter be kept and maintained by said person, firm or corporation without expense to the city of Sultan. (Ord. 122 § 4, 1923)

12.04.040 Violation – Penalty.

Any failure on the part of the said person, firm or corporation to install and maintain any or all of the said lights as provided in this chapter, shall subject the said person, firm or corporation to a penalty of not less than $10.00, nor more than $50.00, for each and every offense, and a failure or neglect on the part of the said person, firm or corporation for each and every 10 days after the expiration of the time fixed by this chapter for the installation of said lights shall constitute a new, separate and distinct offense. (Ord. 122 § 3, 1923)

Chapter 12.08
MAINTENANCE OF PARKING STRIPS

Sections:

12.08.010 Required by abutting owner – Serving of notice – Penalty.

12.08.020 Failure by owner – Employment of labor by city – Lien on property.

12.08.010 Required by abutting owner – Serving of notice – Penalty.

A. The committee upon streets and alleys of the council of the city of Sultan shall have power to require any owner, tenant or person in possession of any lot in the city of Sultan to cut the grass upon the parking strip upon each side of the sidewalk abutting such lot and to remove all growth from such walk.

B. Written notice of the committee’s requirements, signed by the chairman of the committee, shall be served upon such owner, tenant or person in possession in person if a resident of Sultan, otherwise by mailing such notice to the last-known post office address of such person.

C. Any owner, tenant or person in possession, who fails or neglects for a period of seven days after the service of such notice in person, or for 14 days after such notice is deposited in the U.S. Post Office properly addressed, to obey the requirements of the committee shall be guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $10.00. (Ord. 90 § 3, 1916)

12.08.020 Failure by owner – Employment of labor by city – Lien on property.

A. If any owner, tenant or person in possession fails or neglects to cut the grass upon any such parking strip or remove growths from any sidewalk when required to do so as provided in SMC 12.08.010, the committee upon streets and alleys may employ labor to do so.

B. The bill of expense for such labor shall be presented to the council of Sultan for audit and allowance.

C. Thirty days’ notice of the time and place such bill is to be so audited shall be given the owner or person in possession of such lot, to which notice shall be attached a copy of said bill, and such owner or person in possession shall have the right to appear and make objection to such bill of expense.

D. Such bill of expense when duly audited and allowed, if not paid within 10 days thereafter by such owner or person in possession, shall be paid out of the general funds of the city and the city may recover same by action against such owner, tenant or person in possession in any court having jurisdiction of the amount thereof, or the city of Sultan may have a lien upon said lot for the amount of such bill of expense by filing with the county auditor of Snohomish County, Washington, a claim of lien in proper form.

E. Any said lien may be enforced by the Superior Court of the state of Washington, in and for Snohomish County, at any time within five years from and after the filing of such claim of lien. (Ord. 90 § 4, 1916)

Chapter 12.14
SIDEWALKS

Sections:

12.14.010 Definitions.

12.14.020 Objects on sidewalks unlawful – Exception.

12.14.030 Objects permitted upon sidewalk areas.

12.14.040 Special conditions.

12.14.050 Penalty for violations.

12.14.010 Definitions.

The words and phrases set out in this section are defined as follows:

A. “Sidewalk area” means that space on the public right-of-way set aside as the walking area for pedestrian traffic as shown and established on the records of the city engineer as a sidewalk, and where the city engineer’s records have not established such walking area, the sidewalk area shall be that space within the public right-of-way which is actually used as the walking area for pedestrians as distinguished from vehicular traffic.

B. “Objects” means any tangible article, and without limiting the generality thereof shall include produce, goods, wares, merchandise, signs, racks or any other article whatsoever.

C. “Ornamental objects” means those receptacles or containers which tend to beautify the public right-of-way or city streets or sidewalks as may be approved by the city council. (Ord. 512, 1988)

12.14.020 Objects on sidewalks unlawful – Exception.

It is unlawful for any person, persons, corporations or other entities to cause to be placed upon any sidewalk area in the city, or permit to be placed upon or to occupy any sidewalk area in the city, any object or article of any sort whatsoever which may constitute an obstruction to pedestrian traffic, except certain receptacles or containers, as may be approved by the city council, telephone booths, bus stop shelters as may be approved by the city council and city-owned benches or other city-owned objects which serve the public convenience. (Ord. 512, 1988)

12.14.030 Objects permitted upon sidewalk areas.

Upon application to and approval by the city council, the following objects may be placed upon the sidewalk areas in the city, subject to such conditions and in such a manner as required by the city council:

A. Containers for shrubs or trees: Receptacles or containers for shrubs or trees which tend to beautify the city of Sultan;

B. Trash containers: Containers or receptacles provided for the deposit of trash or other refuse matter;

C. Telephone booths: Telephone booths installed under the direction of the telephone company authorized to do business in the city of Sultan;

D. Display merchandise: Display of merchandise when in connection with a special occasion or merchant promotional activity; provided, such exception shall be granted by the city council for a period not in excess of 14 days;

E. Newspaper dispensers: Containers or receptacles provided for the disbursement of newspapers. (Ord. 512, 1988)

12.14.040 Special conditions.

In order to protect the public health, safety and welfare, the city council, in its discretion, may require a person placing a permitted object upon the sidewalk area to file with the city clerk/treasurer an indemnity agreement and/or bond to hold the city harmless from responsibility for injury or damage to any person or thing as a result of such object being placed upon the sidewalk area. (Ord. 512, 1988)

12.14.050 Penalty for violations.

Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall, upon conviction of such violation or failure, be punished by the following fines:

A. First violation, $50.00;

B. Second violation, $100.00;

C. Third violation, $150.00;

D. Fourth violation or more, not to exceed $500.00. (Ord. 512, 1988)

Chapter 12.20
RIGHT-OF-WAY MAINTENANCE AND CONNECTIONS

Sections:

12.20.010 Duty to maintain clean right-of-way or easement.

12.20.020 Removal of debris from rights-of-way and other municipally owned improvements.

12.20.030 Removal of construction debris.

12.20.035 Right-of-way connections.

12.20.040 Stop work order.

12.20.050 Violation – Penalty.

12.20.010 Duty to maintain clean right-of-way or easement.

No person, firm or corporation shall willfully or negligently cause or allow any dirt, mud, rocks, vegetation, grease, oil or other foreign material or substance to be deposited, stored, abandoned, discharged or spread on any public street, alley, sidewalk or other public right-of-way or easement in the city. (Ord. 597, 1993)

12.20.020 Removal of debris from rights-of-way and other municipally owned improvements.

Any person, firm or corporation making any deposits of dirt, mud, rock, debris or other material of any nature on the public rights-of-way and any other municipally owned improvements shall clean up said deposits during the course of each day’s operation. Adequate equipment shall be available during each day of operation to ensure quick and timely removal of any such deposits. The right-of-way surfaces and all catch basins, culverts, or other municipally owned improvements affected by the deposits shall be cleaned. (Ord. 597, 1993)

12.20.030 Removal of construction debris.

Any person, firm or corporation engaged in building construction, remodel or repair shall be required to have a dumpster on site for disposal of construction debris which shall be serviced by a licensed commercial hauler. (Ord. 597, 1993)

12.20.035 Right-of-way connections.

Any person, firm or corporation providing access to private property by connection to the public right-of-way within the city of Sultan shall be responsible for the following:

A. Obtaining a permit to connect to the right-of-way by completing an application and paying such fees as established by resolution (said permit commonly known as a driveway permit);

B. Constructing such connection or driveway to the design standards of the city as adopted from time to time;

C. Constructing and maintaining the access connection and appurtenances between the shoulder of the public street or highway and right-of-way line inclusive of surfacing and drainage. The city has the right to inspect all installations at the time of construction and at any time afterwards and to require that necessary changes and repairs be made. Unsatisfactory work will be corrected by the person, firm or corporation providing the access; provided, that if the correction is not done in either a timely or proper manner, the city may make the correction at the person, firm or corporation’s expense or may remove the access connection at the expense of the person, firm or corporation;

D. Continuous maintenance of the access connection between the right-of-way line and the shoulder of the public street or highway. (Ord. 847-04 § 2)

12.20.040 Stop work order.

In the event any person, firm or corporation fails to comply with the provisions of this chapter, the building official or their designee may cause a notice of violation to be delivered to a person of suitable age at the job site and may order all work to cease until authorized by the building official or their designee to proceed. Work shall not resume until so authorized by the building official or their designee. (Ord. 597, 1993)

12.20.050 Violation – Penalty.

Any person, firm or corporation who shall fail to comply with the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be subject to a fine of $100.00 per day for each day the violation occurs. (Ord. 597, 1993)

Chapter 12.25
COMMUNITY EVENT RESTRICTIONS – BIKES, SCOOTERS AND SKATEBOARDS

Sections:

12.25.010 Community event restrictions – Bikes, scooters, and skateboards.

12.25.020 Notices.

12.25.030 Violation – Penalty.

12.25.010 Community event restrictions – Bikes, scooters, and skateboards.

A. It shall be unlawful to ride or drive any bicycle, skateboard, or scooter over or through any street right-of-way, park, playfield, water front or other property designated by the city as a community event by resolution. The resolution shall set out the name of the community event, its dates and times and the area where riding or driving shall be unlawful.

B. Notwithstanding the restrictions set forth in subsection (A) of this section, it shall not be unlawful to drive or ride a bicycle, skateboard, or scooter during the event in the affected area as follows: (1) by police personnel to drive or ride a bicycle while engaged in the performance of their official duties, and (2) by parade day or community events participants riding or driving bicycles, skateboards or scooters on the parade route or in official activities of the event between the hours of 8:00 a.m. and 1:00 p.m.

C. Bicyclist and scooter riders shall be permitted to wheel or push a bicycle or scooter by hand over any area designated in the resolution.

D. A skateboarder shall be permitted to carry a skateboard over any area designated in the resolution. (Ord. 845-04 § 1)

12.25.020 Notices.

Nothing herein shall be determined to require the posting to exclude the riding or driving of any bicycle, skateboard, or scooter; provided, however, that such postings may be undertaken at the discretion of the city. (Ord. 845-04 § 2)

12.25.030 Violation – Penalty.

A. Any person committing a violation of any provision of this chapter shall be guilty of committing a civil infraction which shall be issued in accordance with Chapter 7.80 RCW.

B. A person found to have committed a violation shall be assessed a monetary penalty according to the following scale:

1. First offense, $50.00;

2. Second offense in any one year, $150.00;

3. Third and subsequent offenses in any one year, $250.00.

C. In lieu of payment of the monetary penalty relating to the civil infraction assessed herein, any person receiving a notice of infraction may elect to perform community service at a rate of one hour for each $5.00 of assessed penalty. Community service shall consist of those projects implemented and supervised by the director of public works. In such case, the payment of the penalty shall be deferred pending completion of the community service. (Ord. 845-04 § 3)