HomeMy WebLinkAbout3289 Amending Port Townsend Municipal Code Chapter 12.10 Street Use Permits - Commercial, Mixed Use, Marine-Related and Manufacturing DistrictsOrdinance 3289
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ORDINANCE NO. 3289
AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON,
AMENDING PORT TOWNSEND MUNICIPAL CODE CHAPTER 12.10 STREET USE
PERMITS — COMMERCIAL, MIXED USE, MARINE -RELATED AND
MANUFACTURING DISTRICTS
RECITALS:
The City Council of Port Townsend finds as follows:
1. During the COVID-19 pandemic, the City of Port Townsend allowed restaurants
and retail businesses to apply for permits to use adjacent parking spaces for
outdoor dining and retail space. Several restaurants built temporary "streateries"
that allowed them to offer safer outdoor dining spaces.
2. The City of Port Townsend, in conjunction with Port Townsend Main Street, has
conducted a survey to gauge the interest in more permanent streateries. The
majority of survey respondents expressed interest in continuing with more
permanent streateries. The City also received considerable public comments
regarding the impacts on the supply of parking.
3. The City of Port Townsend already allows for sidewalk cafes and other uses of
the City right-of-way. The City streets and rights-of-way are primarily for the
safe vehicle and pedestrian travel as well as locating utilities and parking.
Limited secondary uses of the streets allow for a more vibrant and walkable
community.
NOW, THEREFORE, the City Council of the City of Port Townsends hereby ordains as
follows:
Se�ctiog 1. Chapter 12.10 Street Use Permits — Commercial, Mixed use, Marine -Related and
Manufacturing Districts is amended as indicated in Exhibit A.
Section 2. Severability. If any sentence, clause or phrase of this ordinance should be held to be
invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase or work of this ordinance.
Section 3. 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. Publication of this ordinance shall be by
summary thereof consisting of the title.
ADOPTED by the City Council of the City of Port Townsend, Washington, at a special
business meeting thereof, held this 16th day of May 2022.
Attest:
Joanna Sanders, MMC
City Clerk
Ordinance 3289
Page 2 of 2
Mayor
Approved as to Form:
.......
i Gleel1w od
-v
(J'e
il
4elCity Attorney
Ordinance 3289 Exhibit A
Page 1 of 10
Chapter 12.10
STREET USE PERMITS — COMMERCIAL, MIXED USE, MARINE -RELATED AND
MANUFACTURING DISTRICTS
Sections:
12.10.005 Intent.
12.10.010 Applicability — Permit required.
12.10.020 Short-term permits.
12.10.030 Annual permits.
12.10.040 General procedure for applications.
12.10.045 Special condition for streateries and aarklets
12.10.050 Regulations and city codes.
12.10.060 Approval criteria — Short-term permits.
12.10.070 Approval criteria — Annual permits.
12.10.075 Renewal to�cess-.'��ill.��tl.p�l°tnIts.
12.10.080 Permit — Applicant acknowledgement — Americans with Disabilities Act.
12.10.090 Performance deposits, security devices, and insurance.
12.10.100 Hold harmless.
12.10.110 Revocation or taaa suspcti.ta,.
12.10.120 Permit fees and charges.
12.10.005 Intent.
The issuance of street used earns for activities, and features on city streets and sidewalks are
inte�aaiedto ositivel aaomote the character and values of the community and add to the unique
vibrancyof Port Townsend. Holders of street use permits have a distinct responsibility to create
3tablic betaelit tlYarou oh activating the street iia service to the COM111011,itY in balance or exceedance
ofthe private. benefit.
It is the intent of the cit of fort "1'owrasend tg-promote and improve the vitality of its business
districts l eaacc uraa iia x pedestrian scale use of public sidewalks and streets to sa,a fort a higdi-
quality public experience, ground floor retail business and mixed use when allowed, all
consistent with the cit 's connmeliensive plan,
t is the policy of the city that the streets are primarily toprovide safic use by the general public in
balance with the city's complete streets policy and sidewalks are Drimarily used to provide safe
and convenient acdestrfaa`a talc bv the acneral public. Limited secondar � uses of arkiarg and
sidewalk areas may be consideaecl for sidewalk cafes paaklets and streateries on ly to the extent
that such rases are consistent with the uaadeiµl ing zone and promote the stlrrouiaalin b�tsines
districts as pedestrian and people -oriented areas, while considering the city's trams iortation
parking, and circulation ,Yoals. Facilities permitted with street use permits should be a
g9operative effort between the business owners property owners,,,public, and the ci to achieve
lieectives and intent set forth in this section.
Ordinance 3289 Exhibit A
Page 2 of 10
12.10.010 Applicability - Permit required.
This chapter pertains to allowing short-term and annual uses on streets, affd sidewalks ci -
owned propgrty, and rights-of-way in historic commercial, commercial, mixed use, marine -
related and manufacturing districts of the city. It does not pertain to or allow for uses or
encroachments of rights-of-way in residential districts. For the purposes of city owned fee simple
property, Llie fine permit shall serve as a license for such use. Proposed uses approved though
a street use permit may extend beyond one year, however, they are subject to annual renewal of a
use permit issued pursuant to this chapter. Tfhmi .srnseel—
lserl�bli r�lts-i=w� 1a fedrl+ere ;tpeft_
alIlkt �lpre t pal ".
A. No person shall establish a use within, or encroach upon any public right-of-way in the
historic commercial, commercial, mixed use, marine -related and manufacturing districts of 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.
B. Special events occurring within public rights-of-way shall be subject to the requirements of a
special event permit (Chapter 17.60 PTMC) and shall be exempt from the requirements of this
chapter.
C. Assemblies occurring within public rights-of-way shall be subject to the requirements of
assembly regulations (Chapter 9.24 PTMC) and shall be exempt from the requirements of this
chapter.
D. Permits for development within rights-of-way are subject to requirement of street
development permits (Chapter 12.04 PTMC) and are exempt from the requirements of this
chapter.
E. Sales on streets and sidewalks shall be subject to Chapter 5.32 PTMC and shall be exempt
from the requirements of this chapter.
12.10.020 Short-term permits.
A. Short-term street use permits may be issued for those activities that will use the street,
sidewalk aor public right-of-way, are activities of short-term duration, typically, for 72 hours
or less, and ,e that do not involve the physical disturbance or alteration of the street,
sidewalk armor public right-of-way. Pis rsr�c 1�ari.a
B. This type of use may involve the temporary disruption of pedestrian and vehicular traffic or
access to private property. The type of use may also require approval of specific routes,
locations, dates, methods to ensure public safety, traffic control, inspections, police or fire
support, and clean up. Some proposed uses of the street may require the applicant to provide
comprehensive liability insurance.
Ordinance 3289 Exhibit A
Page 3 of 10
C. Activities requiring a short-term street use permit include, but are not limited to, the
following:
A-1_ House Moves: special use of the street and/or public right-of-way to move houses or other
oversize and overweight materials and structures at specific times and locations.
A-2_ Temporary Street Closures: activities that require temporary closures of streets, lanes or
sidewalks for commercial loading/unloading, construction storage or repair purposes if not
approved as part of a building or street development permit.
A-3, Construction Site Structures: structures related to construction sites such as scaffolds,
barricades, buildings, walls, elevators, cranes, lifts, etc., that are on, over or under the public
right-of-way; provided, no permit is required if the use is approved in connection with the
issuance of a building permit. No permit is required for minor maintenance and repair, where the
temporary use involves only a ladder for similar).
A-4_ Temporary Storage of Materials Related to Construction: use of public roads to store
construction -related materials in support of ongoing construction activities.
12.10.030 Annual permits.
A. Annual street use permits may be issued for those activities that will use the public right-of-
way consistent with the intent of this chapter, over the longer term, whieh that do not involve the
physical disturbance or alteration of the surface of the street or sidewalk, and Avhielhi that do not
substantially or unduly block the use of the street or sidewalk by pedestrians or vehicular traffic,
such as vending facilities, sidewalk cafes, off-street structures, sta.eaITteries aarklets and other
uses that require longer-term authorization. These activities arau.ast comply with the underlying
zone and typically require inspections, traffic safety devices, performance bonds, comprehensive
liability insurance, legal documentation and, on occasion, public hearings before a permit can be
issued.
B. Activities requiring an annual street use permit include but are not limited to the following:
B-1_ Newspaper Sales and Private Mail/Parcel Boxes: commercial structures, other than
individual U.S. Postal Service boxes, that use the street, sidewalk /or public right-of-way for
extended time periods for newspaper sales or the private collection of mail or parcels.
B-2. Waste Collection and Recycling Facilities: structures using the street, sidewalk For
public right-of-way for extended time periods to collect recyclable materials.
B-3_ special commercial uses_ sttehas private bus stops/shelters and other similar uses requiring
dedicated use of the street mor public right-of-way for private transportation and traffic
purposes.
B-44. Sales Structures and Sidewalk Cafes: use of the sidewalk ;street /or public right-of-way
directl adiac.ent to theassociated business for the sale of flowers, food or beverages, outdoor_
i,catj iij,
, etc.
Ordinance 3289 Exhibit A
Page 4 of 10
B-6 5. Special and Unique Structures: fie—fountains, clocks, flag poles, awnings, marquees,
street furniture, kiosks, signs, banners, and decorations. Such items may be on or over the surface
of the public street, sidewalk or right-of-way.
6. di Streatery: a constructed out -door dining facili1y operated byin a
— jpining restaurant that has
exclusive use of the space during business hours of the restaurant and are open to the Lublic at all
other times. Sireateries serve the sa
immediately qu
trade the reSt,-Mrant and may be combined with a sidewalk cafes to create a large.r
outdoor dinfiw, space.
7. Parklet: a public sl, -)ace in the parking, area of a street resembling a park typically with benches
orseating areas and greenery such as flower baskets. Parklets include a creative design apjiroach
mm
(o:,Md to the aesthetic. Unlike streateries jLaLklets are open forl)gblic, Jen`-S per oyment 24 hours
day, seven days per week. T!Larktels n1gylie, initiated by a business, group of businesse
s, non-
PY -0 fi- t,in caolnration with the Ci and the abaattin rtaperty_owner.
12.10.040 General procedure for applications.
This chapter shall be administered by the public works director iii coordination with the planning
and community development director and the police chief, devek-)pinent--serv- esd--feeeelcar. T4i,--
".'reetef'p.- f'+
They -The Public Works and Planning and Coninigni!y Development
Departments are authorized to develop standards and guidelines, consistent with and to
implement the requirements of this chapter.
A. Applicants for street use permits shall complete an application form; and provide all relevant
activity or project information. The applicant may have a need for more than one permit if
multiple activities are occurring simultaneously.
B. A permit is required for each such use of the street an&or right-of-way unless the
demrisen�I-sei-'vwes Public Works director approves one application for several related
activities.
12.10.045 Special Limitations for Streateries and Parklets
In addition to the requirements set [-'Orth in 12.10,070, the Following conditions orad
criteria shall apply:,
A. Due to the impact on aarkin&park lets and streateries are to be limited in ntanber as follows:
1. Two total streatery or i)arklet in the C-111 Historic Commercial District untown.
2,
(IONN44-C)IMly No
I-Itija�1- _ t) f'j7
tlle t ll 'be- a ne StrC"I[CI'y'orI,?ALet_per Mock irr16all other coininercial
districts or mixed use districts,
lie -
X -': L 'I
.-A-)ne-stiva
I —t4!.Y' Lidd e tj'IkLl�—b k4—e
di stij
3No streaie 1p� permitted in the C-111 FC
list or, nmercialDistrict downtown
. .............. . . . e ..................
aftle-r--D-e-e-e..m-b-e.r.-.-3--I 2022,
Ordinance 3289 Exhibit A
Page 5 of 10
The Ci!y will allocate any available streater oi,ai*kletl,')ertiiitsb:ascd-gp-alot�ter�tobc�ljelcj
on or about Afly of each calendar year. In order to be el4zible for the Lotter
1)garits mu,
p Vi —s t
have submitted a letter of interest with a basic site Dlan and nroof of notice to all residents and
business and fmroperty owners within 300 feet of the ormosed streateia. All aDplicants will be
invited to attend the lottely drawing.
C. Streatery, and mrklet aimlicants selectect in the lottery process must submit a site plan design
and aesthetics concept,plan for review by staff and the Historic Preservation Committee, if
of olicable, within 60 clays of selection.
D. Strcatci�Lid . arklet appticants must obtain all other necessary permitsincluding but not
hipited to, building permits, liquar licenses, and health inspections.
E. Streatery cent to
their business. The maximum length shall not exceed the business storefront frontag—c or the
dimensions of two parking SDaces whichever is less. Streateries may be constructed, to meander
the sidewalk into L
!lie parl,Li&s how ig, reater width for a sidewalk cat' adiacen't to the
j � � L---
adjoining building if this can be done safely and consistent with all applicablelaws. A )arklet or,
streatery may extend beyond the frontage if necessary to better fit with exjgjn&jjjge�re.s
such as Darkingy spaces,streettrees Utilities and business with written vennission from the
ai
the maximum leng Lh will still aj2pjy.
-u.siness owner,
F. A group of businesses ma y jointly ay fora parklet, which WOUld, enable 11ex�jbifi in
location.
G. The nermit-ho I der must maintain the entire sidewalk lncludin � both the permit area and the
unobstructed pedestrian corridor, plus a distance of 25 feet either side thereof hj.L�Icqn swe t
and litter -free condition.
1-1. The MiIIJMLIM height, for umbrellas and other shade devices extending into the edestijan
pwssagc way shall be seven feet above the ground in order toprQyjd� �,mobstructed �iass�uefor
Pedestrians, There shall be no overhead extensions into the vehicular travel ngL
I. No food re aration shall take place within the permit area;
.j. 'rhe peripit holder shall provide, clean, and empty trash receptacles and ash trqys as required-
-- --------
K. The pedestrian passage way or corridor shall be a minimum of 6 feet in width. The
pedestrian passage way shall be kept clear of obstructions at all times.
L. No off-m-emiscs advertisins-) sians or displays are permitted within the permit area;
M. The permit holder will provide pUblic
notice of the availabilityof public use for all hours outside the normal 0 cerating hours of the
Ordinance 3289 Exhibit A
Page 6 of 10
permit holder's business. Signs shall clearly state the business hours or operation. Parklets
shall be signed withpublic access 24 hours ier day.
N. Site plans shall demonstrate access and non-interference with public utilities. Facilities
shall not block access to lire la drants.
O� Salcty elements shall be req urircd_inclurdin ve mark on the traffic side of
parklets and streateries along with 30" minimum height barrier. A traffic barrier shall be
required on the 1aditjg.dse of the facility when applicable. The edge of the lacilit shall be
setback a minimum of 12 inches frgpLlk ell 7 f �tLitr v (Jed lane.
P. Structural elements shall be designed in accordance with Title 16 of the PTMC and
withstand all live and dead loads including wind. Proper ballasting shall be provided to hold
structures in place.
O,CTA compliance is required and facilities shall be level with the curb or .inClude a ro nate
ramps.
eviewoi all yappl cations shall h_e_ admin'strati��e. However, the Historic Preservation
R.#eR...
Conlrnittee shall roviq� desi n review for all applications in aIlthe historic zoning,districts,
l.lat l lr i tic 1 1 car tlt rt w4 c a rrrslttrevieN wtl9 1� lw� Ott �l lir ruq��t:4:���tb -+,re rc __lcrr k�l�l�ir���t,r_���I
outsttkny1r1,111 lie hi tore di st6 iet-rrraor tA``ji'l m trnrµc�l�crS'awlrsrtp� r l� � 1���t��tt�t�tyl rttr��<t�t c��t Vit.::::
9r t vci_his oris pr°o cit r "!tb The l listoric Preservation Committee will provide a
recommendatiorare eardin. the followina desi gra and aesthetic criteria..
1. Materials shall be durable and aesthetically ()MpLk Lu,�,qtar ,tea the
surrounclin r business district.
2. Designs shall arrcltt�l�� rrrr ��lITeraaeramt tri r�rmta arc cr��atr� tty�ww i�lr�n tl��wlwla�t�r� r�:.:
l�-;iLLlr �:�xtw_gla��.,rxtt� �i��a1'1 l� �ttor�l�lttrt�trt�ttc,c�trll�l�r�lcdat�ra�� l�u� �li�stin+�tly diFEe�rernt�.
firom the existina buildinars within the historic district in accordance with the
'Secretary of Interior standards for new construction and additions.
3. Designs should include greenery elements to soften the environment.
S. Weather protection ma include heaters covers and windbreaks. Weather gotection
should be removeable. Weather protection shall ct rpr l with a ppl"rcable lire safety standards
includin :, the International Fire Code and Title 16 of the PTMC.
12.10.050 Regulations and city codes.
An applicant who applies for a street use permit for the activities listed above, and all other
activities which require a street use permit, must comply with all applicable city, state and
federal laws, ordinances, codes and regulations, including business licensing and requirements of
Chapter 5.32 PTMC, Sales on Streets and Sidewalks. It shall be the sole responsibility of the
applicant to obtain all permits or licenses required by other agencies. Applicants for an annual
street use permit for a new private use of the public right-of-way must also obtain a street
Ordinance 3289 Exhibit A
Page 7 of 10
development permit if required by Chapter 12.04 PTMC (for example, if physical improvements
in the right-of-way are constructed or altered).
12.10.060 Approval criteria — Short-term permits.
Applications for short-term street use permits may only be approved by the director of
developmer�st-riees public works, with conditions that are reasonably necessary to protect the
public health, welfare, and safety and to mitigate any impacts resulting from the use, if all of the
following applicable criteria are successfully met:
A. The proposed short-term use shall not cause a physical disturbance or alteration of the street,
sidewalk mor public right-of-way.
B. If the proposed short-term use will cause a temporary disruption of pedestrian and vehicular
traffic or access to private property, a plan that describes specific routes, locations, dates,
methods to ensure public safety, traffic control, inspections, police or fire support, and clean up
has been submitted and approved.
C. The proposed use must meet Americans with Disabilities Act (ADA) guidelines.
12.10.070 Approval criteria — Annual permits.
Applications for annual street use permits may only be approved by the director of Public works
dvelopmen", etMe s, with conditions that are reasonably necessary to protect the public health,
welfare, and safety and to mitigate any impacts resulting from the use, if all of the following
applicable criteria are successfully met:
A. The proposed annual use shall not preclude or substantially or unduly hinder the continued
use of an opened and developed street or sidewalk by pedestrians or vehicular traffic.
B. The proposed use must meet Americans with Disabilities Act (ADA) guidelines.
C. Annual uses located within the historic district constitute "development" under Chapter 17.30
PTMC and shall be subject to design review consistent with the requirements of Chapter 17.30
PTMC. HPC and the director are authorized to develop procedures and guidelines for
administrative review of permits.
D. The proposed annual use shall not block or substantially or unduly hinder public access to the
shoreline mor views of the shoreline from within the subject street.
E. The proposed annual use shall not block or substantially or unduly hinder access to adjacent
properties.
F. If the use causes a change in pedestrian travel patterns, appropriate r-epairs adjustments or
inntoventents shall be made to the right-of-way in the immediate vicinity in order to
accommodate the eha . ass g!g and to assure compliance with the Americans with
Disabilities Act.
G. Amplified sound is prohibited within the area allowed by the permit.
H. Table and chairs shall be made of safe, sturdy, durable materials such as wrought iron, wood,
steel or cast aluminum, and shall be of commercial grade and manufactured for outdoor use.
Ordinance 3289 Exhibit A
Page 8 of 10
12.10.075 Renewal process — Annual permits.
Streate and parklet annual ermits ma be renewed effective Tama 1 of each ear. Permit
holders shall inform the city of their intent to renew by December 1 of the yearrioal rte.
Renewal will be granted Won completion of the followin �:
A Satisl'actc1ry ips edtion o tl e ihcilities fd a cdaava Niance, vitt dfdanditioaas c i"tl e eaMmit.
B. Provision ofupdated insurance certificate.
C. Payment of annual fuid renewal fees.
Minorcliatagsto thett�rt,, talagetsteal or°e uied to adapt to nice( the intent o%'this-
Chapter and to ensure the facility is anaairatained and safe, Minor claan ges re wire written rep aaest
and may be reviewed adininistratively at any point in the year or during the reawwal paocess.
Minor changes shall be subject to the a plication for a street: use_permit lee, Minor changes, do
not include cha ,es that ini fact the overall aesthetics or the structural elements of the facilit
,l�anLtdj he aesthetics or structural elements red ui.rereplication following the req tairemertts
of this Cli, but shell not be suWcc to the lottry
12.10.080 Permit — Applicant acknowledgement — Americans with Disabilities Act.
As a condition to the issuance of any permit, applicants shall acknowledge permit requirements
and conditions, including, specifically, conditions relating to Americans with Disabilities Act
(ADA) requirements, that the applicant is responsible for informing employees of ADA
requirements, and the permit is subject to revocation for violation of permit conditions including
violation of ADA requirements.
fh�leve�l a � u = d tt a nd 1 hl w limitla,14-wofk—M 4ftSt-amt,
tlie"laal�r-��n��e�=e��I-�d�d�t��at�dla�i�tsnda�ies�da1p�
edh���aa-ar��f-tai�ig�=der-aia�aati-r� .�s�ts�aad�-s�d�al-ka�l-1:- edar�d�a�ia�s-ndl-t�l��lalal.�a��-rtel�alec-lga��a�t����gi�atsa�d--c�dl�is-
12.10.090 Performance deposits, security devices, and insurance.
A. If the director determines that there is a potential for injury, damage, or expense to the city as
a result of damage to persons or property arising from an applicant's proposed use of any right-
of-way, the applicant shall be required to make a cash deposit, or to provide a security device or
insurance in a form acceptable to the director for the activities described in the subject permit.
The amount of the deposit, security device, or insurance shall be determined by the director.
B.=14airreaaaoea �ale1� , .tz e�t�al-nsuaau�+e
e nsi lea a id a s e n t ', . ce papa � ittee' abi l iaEy p fespofld to old i a
a ataaa=e deftla�r l sec s st the a itys 1� 1�l=tas publie-s yam, is dlama-ge-te-
aig.l�f�ay; �na�l��a�r-l-iulflltt�r�e�q���h�. "1'I�e ermit l�c�lder sl�r�all lie aye uirccl to
Ordinance 3289 Exhibit A
Page 9 of 10
maintain insurance with coverage limits as established by the ci1y. Theermit holder shall.
name the city as additional insured and shall be required to maintain the DIoW throufll the terni
of the Permit. The permit holder shall notifthe city of polia chap )e or cancelatjqjLAithi �a
-Y
five �Cld days.
Hold harmless.
As a condition to the issuance of any permit under this chapter, the permittee, in form acceptable
to the city attorney, shall agree to defend, indemnify, and hold harmless the city, its officers,
employees, and agents, from any and all suits, claims, or liabilities caused by or arising out of
any use authorized by any such permit.
12.10.110 Revocation or temporary suspension.
A. All permits approved under this chapter shall be temporary and shall vest no permanent
right. All permits may be revoked in the event any such use or occupation shall become
dangerous; any structure or obstruction so permitted shall become insecure or unsafe; shall
become a public nuisance; or shall not be constructed, maintained or used in accordance with the
provisions of this chapter or the terms and conditions of the permit. The determination by the
building official that a structure is dangerous, insecure, unsafe, a nuisance or has not been
constructed, used or maintained in accord with this chapter or the terms and conditions of the
permit shall be conclusive.
13� The city may, and reserves, the right to, tenMorarily suspend a sidewalk cW, strg ter cpm
parklet permit during the course of areawide special events or in the interest of the public health
safety and welfare.
12.10.115 Maintenance and removal of streateries and parklets.
The pennit holder is reattired to maintain the facility in accordance with good standards of care
and the provisions of this result in
revocation of the permit and removal of the facility. Repairs shall lie within 1 5 days 1!122!L
1AL'Lest Ofthe-( it
-- L -Y -
Upon tion -use for a period of time in exceedance of 60 days, aeon- payment of fees, expiration, or
revocation of the permit, the applicant is reouired to tela ove the facility within 30 days
_t. If the
ipermit holder reinstates use of the: facilitv within 90 days, they shall not be sut ect to the lottery
for permits ect to - Section 12. 1 tl. 045
Failure to remove the 1"acili!y within the time frame shall result hi a fine and the city removal of
the structure. All costs associated with removal of the Structure shall be borne bthe the al
Street Use Permits are location specific. Permits ma y not be transferred to other locations. In
the case that a business is the permit holder and the business changes ownershjp,-tri( -tar gLgal
permit holder shall be responsible fear the facility until the perinit is transferred to the new
business owner. The orig,i,pql..,Lpermit holder may rec gest trailsfer, of the permit to the new owner
only with the a...p proval of the city. The crinit holder for Streateries and Sidewalk cafes shall be
the mine entity named on the Cit y business license..
Ordinance 3289 Exhibit A
Page 10 of 10
12.10.120 Permit fees and charges.
The fee for each permit shall be set forth in a fee schedule to be adopted by motion or resolution
of the city council.
12.10.1 30 Violations and penalties.
All violations of any provision of this cha j -_)LeV�Itar or incor (hated standards, or of an hermit or
L_te
license issued hereunder, are declared nuisatices and iLiLide stiNect to flic gci111inistration and
enforcenieLiLprovisions of Chapter 1.20 ?TMC, filcludiii any amendinerits, and hicluditig but
not limited to abatement, criminal ligialty, and civil penalty as set forth in Cha iter 1.20 PTMC,
whicli are incorporated by refereiice as if set forth herein.