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HomeMy WebLinkAbout3260 Relating to Street Use Permits – Street Painting All Districts and Adding Chapter 12.11 to the Port Townsend Municipal Code Ordinance 3260 ORDINANCE NO. 3260 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, RELATING TO STREET USE PERMITS - STREET PAINTING ALL DISTRICTS AND ADDING CHAPTER 12.11 TO THE PORT TOWNSEND MUNICIPAL CODE RECITALS: 1. As part of the Juneteenth Freedom March on June 19, 2020, community members painted and decorated "Black Lives Matter" on Water Street next to City Hall. 2. Other community members and groups have expressed interest in painting positive messages and images on City streets, sidewalks, and crosswalks. 3. The City does not currently have a process for authorizing or permitting paintings in City streets, sidewalks, or crosswalks. NOW, THEREFORE,the City Council of the City of Port Townsend ordains as follows: Section 1. A new 12.11 —Street Use Permits—Street Painting All Districts of the City of Port Townsend Municipal Code is hereby added to the Port Townsend Municipal Code as shown on Exhibit A. This ordinance amends Chapter 12 of the PTMC to add a new section 12.11 Section 2. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances, is not affected. Section 3. Publication. This Ordinance shall be published by an approved summary consisting of the title. Section 4. Effective Date. This Ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. ADOPTED by the City Council of the City of Port Townsend at a regular meeting thereof, held this 1St day of February, 2021. I LT Michelle Sandoval Mayor Attest: Approved as to form: Joanna Sanders, MMC ..let t*eeMoo l City Clerk City Attorney Ordinance 3260 Exhibit A Page I of 2 Exhibit A Chapter 12.11 STREET USE PERMITS—STREET ARTPAINTING ALL DISTRICTS Sections: 12.11.010 Intent 12.11.020 Applicability—Permit required. 12.11.030 Street af4p til Ott permit approval. 12.11.040 Approval criteria. 12.11.050 Removal maintenance. 12.11.010 Intent Alaarrtl'ttim�rtir on city streets and sidewalks should positively promote the character and values of the community and add to the unique vibrancy of Port Townsend. A#and p"i"#s-l'ain�s on the street and sidewalks should not negatively affect traffic safety or interfere with the traveling public's use of city streets and sidewalks. 12.11.020 Applicability—Permit required. This chapter pertains to allowing painted street.,and-sidewalk art, and intersection n�utr=a pairitin ;and community-designed crosswalks in all districts in the city. It does not pertain to anv imintin g or rnarkin as a limed by the city or state for traffic satetv or traffic control off" fid+ e -fie :ainAo any street.,anc-sidewalk Land intersectionttr=alg)aintings and community-designed crosswalks drawn in chalk or other medium that may be removed with the non-pressurized application of water. No person or group of people may . instal l street.,and- sidewalk art, and intersection rntrrid-s-, tir s or a-community-designed crosswalks in the city without first obtaining a permit from the city pursuant to the process and requirements in this chapter. This chapter provides the exclusive method for obtaining approval of uses that are regulated by this chapter. The city reserves the right to remove any street armrir�lmg that is installed without a permit. p 12.11.030 Street artnainting permit approval A. The public works director (or designee) will, in consultation with the arts commission, develop a permit application and process for street Lid, „ewr�-p i-t"igs;,rid intersection aairrtin),s,and community-designed crosswalks. The arts commission will review proposed street., sidewall< pa t+ngs;and intersection nrtdal aNN tim s�. and community-designed crosswalks for consistency with this chapter and will make recommendations to the city council, which will have final approval of any street sivak-pr� grid intersection fal ; or community-designed crosswalks that are consistent with this chapter and public safety. B. For street, sidewalk, ",itinsraind intersection n ° 6 jaintirrs;or community-designed crosswalks proposed for installation in an area subject to design or historic preservation review, Ordinance 3260 Exhibit A Page 2 of 2 the city eeufx4l will process the installation through the city's historic preservation review or design review process. The arts commission and the historic preservation committee may meet together to discuss the permit application. Q C. Holders of street art.atintin,' permits will coordinate with the chief of police (or designee) for any needed street closures in order to ensure the safe installation. D. The city may require that a street aftainfing permit holder indemnify the city. E. The city council decision to approve or deny a street at.aintirt.1 permit is final. 12.11.040 Approval criteria The city does not intend a street J cv�r lkw or intersection e aip tir Lr or cntrnit - esi necl crosswalk to be a legal "public forum" and therefore reserves the right to control the art displayed on all city property, including painting or other art installations on city streets and sidewalks. The city reserves the right to deny a street art. permit application or to remove ar tstrect sidevualk, or intersection air tira* or°cora1r11rrrritv-desiped crosswalk dislpla, d-if the-itait depicts: 1. Violent images 2. Sexually graphic images 3. Religious symbols or desecration of the same 4. Hatred of persons or groups of people 5. Support for or opposition to a candidate or initiative on the ballot 6. Advertisement for a good or service for sale 7. Imagery that may be inappropriate to maintain in or upon public property because it so objectionable under contemporary community standards that it is reasonably foreseeable to result in harm to, disruption of, or interference with the public's use of city property. 12.11.050 Removal and maintenance. Once installed, the street sidewalks or intersection ar4aair�tirt �crr cotarn�r.rr�it cicsi �nccl' crosswalk is the property of the city, which may remove it without notice if the at4l a itin= interferes with public safety, street maintenance, or is vandalized or damaged. The city has no obligation to maintain, repair, or reinstall a street sidewalk.or interseetion aAaintin crr eommur�it -cicsi r cd crosswalk.