HomeMy WebLinkAbout2811 Delete Outmoded References to Certin Council Committees and Authorize City Manager to Perform Certin Functions re: PTMC Regs. - Pope Marine Bldg.- Chetzemoka Park - City Dock & Union Wharf - Cable Television - Parking - Land Dev. Admin. ProceduresOrdinance No. 2811
AN ORDINANCE OF THE CITY OF PORT TOWNSEND
AMENDING THE PORT TOWNSEND MUNICIPAL CODE,
SPECIFICALLY CHAPTERS 3.37 - POPE MARINE BUILDING
USE REGULATIONS AND CHARGE; 3.38 - CHETZEMOKA PARK
FACILITY USE; 5.14 - PORT TOWNSEND MASTER CABLE
TELEVISION ORDINANCE; 5.46 - CITY DOCK AND UNION
WHARF USE REGULATIONS AND CHARGES, 10.04- PARKING;
AND 20.01 - LAND DEVELOPMENT ADMINISTRATIVE
PROCEDURES, BY DELETING OUT-MODED REFERENCES TO
CERTAIN COUNCIL COMMITTEES THAT ARE NO LONGER IN
EXISTENCE, AND AUTHORIZING THE CITY MANAGER TO
PERFORM CERTAIN FUNCTIONS PREVIOUSLY PERFORMED
BY COUNCIL COMMITTEES
WHEREAS, the Port Townsend Municipal Code contains references to council
committees that no longer exist; and
WHEREAS, with the change of government to council/manager, it is appropriate
to delegate certain matters previously delegated to council committe6s to the City
Manager, and
NOW, THEREFORE, the City Council of the City of Port Townsend ordains as
follows:
SECTION 1. That Section 3.37.010, General use regulations, Chapter 3.37, Pope
Marine Building Use Regulations and Charges, of the Port Townsend Municipal Code, be
and the same is hereby amended as follows (strike is deleted, underline is added):
3.3 7.010 General use regulations.
It is the intention of this chapter' to maximize the use of the Pope Marine Building
(sometimes referred to as "the facility" for convenience) on a "first-come, first-served"
basis, with priority being given to city of Port Townsend residents. This chapter is also
intended to encourage use of the facility by the visual and performing arts, and to allow
for certain recurring uses of the facility by local organizations.
To ensure that the PoPe Marine Building is used in a manner consistent with these
intentions, the following general use regulations shall be applicable to users of the Pope
Marine Building:
Page 1 Ordinance 2811
A. Organizations based in Port Townsend and individuals with proof of residence in Port
Townsend may reserve the facility up to one year in advance of the proposed date of use.
This category includes government-sponsored special public events.
B. Use of the facility for the visual and performing arts is encouraged.
C. Organizations based outside Port Townsend and individuals not residing in Port
Townsend may reserve the facility up to 90 days in advance of the proposed date of use.
D. City government may reserve the facility up to 45 days in advance of the proposed
date of use.
E. The facility may be reserved for no more than three consecutive days and for no more
than six days per reservation; provided, however, that upon approval by the City Manager
,,i,,, ,,,, .... 11,o ~ks, ~ .....~ .... '~ ..... "~ ..... ;**,,~ ,,r by the council as a whole,
reservations beyond three consecutive days may be allowed under such terms and
conditions as approved by the City Manager or city council ........
F. The facility is hereby reserved for the use of the Wooden Boat Foundation during the
Wooden Boat Festival each September and during the Youth Sea Symposium each June;
provided, however, that this right must be exercised n° less than 90 days in advance of
each such annual use; and, provided further, that the limitations on length of use imposed
in subsection E of this section do not apply to such uses by the Wooden Boat Foundation.
G. The following blocks of time are available each day:
1.8:00 a.m. to 1:00 p.m.
2. 1:30 p.m. to 6:00 p.m.
3.6:30 p.m. to midnight.
H. The facility may be occupied by no more than 78 people. The party reserving the
facility shall be financiallY liable for any and all damages to the facility, any fines
imposed for excess occupancy of the facility, and for any cleaning or other charge which
may be levied for failure to leave the facility as clean or cleaner than when the use
pursuant to the reservation commenced.
I. The public works director, in consultation with the park and recreation advisory board
z- .... eax'~m:ss:en, is hereby authorized to develop additional rules and regulations
regarding the facility. (Ord. 2636 § 1, 1998; Ord. 2470 § 1, 1995; Ord. 2403 § 1, 1994).
SECTION 2. That Section 3.38.010, Chetzemoka Park facility - General use
regulations, Chapter 3.38, Chetzemoka Park Facility Use, of the Port Townsend
Municipal Code, be and the same is hereby amended as follows (strike is deleted,
underline is added):
3.38.010 Chetzemoka Park facility - General use regulations.
It is the intent of this chapter to maximize the use of the Chetzemoka Park facility,
defined as the indoor and outdoor kitchen shelters and bandstand ("the facility"), on a
"first-come, first-served'' basis, with priority being given to city of Port Townsend
residents. It is the further intent of the city to regulate group use of the park to ensure that
it is used in a safe and environmentally sound manner, and that private group use of the
facility does not diminish the enjoyment of the park by the general public. To ensure that
Page 2 Ordinance 2811
the facility is used in a manner consistent with these intentions, the following general use
regulations shall be applicable to all group users of the facility and the park:
A. Organizations based in Port Townsend and individuals with proof of residence in Port
Townsend may reserve the facility up to one year in advance of the proposed date of use.
B. Organizations based outside Port Townsend and individuals not residing in Port
Townsend may reserve the facility up to six months in advance of the proposed date of
use.
C. The facility may be reserved for no more than three consecutive days and for no more
than six days per year, unless otherwise approved by the City Manager ,,o~t~ ....... ,~,,,
~'-~ ..... '~ ...... :**-'~ based on the significant community value of the proposed event.
D. The facility may be reserved for no longer than five hours for any one group per day,
unless special permission for longer use is preapproved by the public works director or
his or her designee.
E. No vehicles are allowed inside the park. All items must be carried in and out of the
park.
F. No tables, awnings, chairs or tents are allowed in the park, other than the tables or
chairs provided by the parks department and/or other arrangements approved in advance
by the parks department.
G. Nails, staples or tacks to hang decorations on any walls, posts, ceilings or picnic tables
are not allowed. The use of string or tape is allowed. All decorations must be removed
immediately after the function.
H. No amplified sound is allowed in the park, unless approved in advance by the parks
department.
I. Any party reserving the facility shall be financially liable for any and all damages to the
facility as a result of their use, and shall leave the facility as clean or cleaner than when
found.
J. The finance department at City Hall is authorized to provide information and reserve
dates during normal city office hours excluding holidays. In case of reserving a holiday
date, the request shall be made on a regular working day prior to the holiday.
K. The public works director, in consultation with the park and recreation advisory board
,,o,.w ~,~,,; .... ~ .....,-, ......~,t~ is authorized to develop additional rules and
regulations regarding the facilitY and park use. (Ord. 2502 § 1, 1996).
SECTION 3. That portion of Section 5.14.120, Permits required - Terms of use
and occupancy of streets, paragraph I - Tree trimming, Chapter 5.14 - Port Townsend
Master Cable Television Ordinance, of the Port Townsend Municipal Code, be and the
same is hereby amended as follows (strike is deleted, underline is added):
I. Tree Trimming. Upon approval of the public works director, a franchisee shall have the
authority to trim trees upon and overhanging streets, public ways and public places in the
franchise area so as to prevent the branches of such trees from coming into contact with a
franchisee's wires and cables. A franchisee shall be responsible for debris removal from
such activities, and transport, where possible, to the city compost facility. It is understood
that, for the most part, a cable franchisee uses existing poles and does not engage in
Page 3 Ordinance 2811
extensive tree trimming. However, to the extent that it does engage in tree trimming, a
franchisee shall:
1. Provide the public works director with a plan of actual work areas including a map and
scheduled dates before any work is done;
2. Refrain from applying herbicides or pesticides to trees or shrubs unless the application
is first approved by the public works director and is consistent with city policy;
3. Designate a contact person to be available for citizen inquiry and information and to
follow-up to review problems or concerns with the public works department; .and/er the
~;,,,, ..... ~ ~,.,,oh; ...... ;** .... requested b?
4. Maintain a file for all customer contacts regarding tree trimming; and
5. Continue an outgoing cooperative effort with the city with regards to present and future
maintenance work, including a cooperative replanting plan as necessary; provided,
however, that nothing in this section prevents a franchisee from taking immediate action
when an emergency exists and the vegetation poses a threat to the public health and
safety or its facilities.
SECTION 4. That Section 5.46.070, Adoption of additional rules by public
works director - Pamphlet - Signage, Chapter 5.46 - City Dock and Union Wharf Use
Regulations and Charges, of the Port Townsend Municipal Code, be and the same is
hereby amended as follows (strike is deleted, underline is added):
5.46.070 Adoption of additional rules by public works director - Pamphlet -
Signage.
A. Public Works Director Authority. The public works director shall have the authority to
promulgate and adopt additional reasonable rules and regulations consistent with the
intent of this chapter, pertaining to the operation, administration, management and use of
City Dock and/or Union Wharf.. Any adopted rules or regulations shall be copied to the
city council. Failure to comply with any such adopted rules or regulations shall be a
violation of this chapter.
B. Informational Pamphlet. The public works director, ~.n eensu!tafien '.v~.th the p~ks,
p .... '~ .... ~ ...... *; ...... ;**'~ is directed to develop and publish a pamphlet for
distribution to potential commercial users of the facilities, which outlines operating
policies and procedures, within a reasonable time after adoption of the ordinance codified
in this chapter.
C. Signage. The public works director is authorized to establish appropriate signage, in
conformance with Chapter 17.76 PTMC, at the City moorage facilities to inform users of
the requirements of this chapter. (Ord. 2631 § 1, 1998).
SECTION 5. That Section 5.46.090, Nonprofit organization uses - Waiver of
fees for public agencies, Chapter 5.46 - City Dock and Union Wharf Use Regulations and
Charges, of the Port Townsend Municipal Code, be and the same is hereby amended as
follows (strike is deleted, underline is added):
Page 4 Ordinance 2811
5.46.090 Nonprofit organization uses - Waiver of fees for public agencies.
A. Use by the Wooden Boat Foundation. City Dock, the outboard side of the Union
Wharf floating dock (see PTMC 5.46.060, schematic drawing 1, sections A, B and C) and
the outboard side of the wharf (section E) may be reserved for use by the Wooden Boat
Foundation at no charge for a period in the month of September coinciding with the
Wooden Boat Festival, and in June coinciding with the Youth Sea Symposium, and for
other such times as approved by the City Manager the p~ks, .......~.v~.v..*i .... ~..~a v. vvv."~"v
cz.'v.~'..'i~ee for maritime-related special events. Such use is granted in consideration of its
coordination and supervision of the seasonal placement and removal of the floating docks
attached to City Dock and Union Wharf. To take advantage of this section, the Wooden
Boat Foundation must confirm the requested date(s) nine months in advance of the
proposed use period.
B. Other Nonprofit Organization Use. Other maritime-related nonprofit organizations
may also apply to the City Manager ,.~v ....... ,i .... ~ ..... ,~ ...... ~**-- for free,
reserved use of City Dock and Union Wharf for public events and celebrations, which
may be granted or denied at the City Manager's ce.-mmi~ee's discretion. Unless waived
by the City Manager ee.'vnv.'~ee, such request must also be made nine months in advance
of proposed use dates.
C. City Manager Parks, r~ ..... ,~ ....~ D .... ~, t-~,,,,,~**~ Authority to Waive Fees.
Occasionally, persons or other public agencies (such as the Port Townsend School
District) request to use City Dock or Union Wharf for a vessel engaged in a community
function. To the extent such use is considered commercial rather than recreational, upon
application, the City Manager p~ks,.~.~..v.. ~ ..... *;"" ~-~"~ r-vr~-'~'-~ ..... ;**"'~ is authorized to
waive or reduce the applicable fees for such commercial use. Such waiver or reduction
of fees is discretionary with the City Manager ............ , based on its assessment of
community value of the proposed use. Further, if recommended by the city attorney, a
service agreement may be required as a condition of any such fee waiver or reduction.
D. Limitation on Use. All use under this section does not extend to the inboard side of
city floating dock and the inboard side of the Union Wharf floating dock, which are
reserved exclusively for use by transient, recreational small vessels (e.g., dinghies,
kayaks, and rowboats, etc.)
E. Conditions of Use. All use under this section is specifically contingent on the nonprofit
organization, foundation, person or public agency assuming responsibility for its
operation and moorage schedule, for providing the city in advance with a hold harmless
agreement in a form acceptable to the city attorney, and for providing evidence of
liability insurance in an amount deemed appropriate by the city. It is also contingent on
the owner or operator meeting all other applicable requirements of this chapter. (Ord.
2631 § 1, 1998).
SECTION 6. That Section 5.46.100, Use of shelter- Commercial vending
prohibited - Busking allowed, Chapter 5.46 - City Dock and Union Wharf Use
Regulations and Charges, of the Port Townsend Municipal Code, be and the same is
hereby amended as follows (strike is deleted, underline is added):
Page 5 Ordinance 2811
5.46.100 Use of shelter - Commercial vending prohibited - Busking allowed.
A. Use of Shelter. The shelter at Union Wharf may be used for free community events
(such as community bands or concerts) sponsored by nonprofit organizations, and/or for
any special events approved in advance by the City Manager .,~t- ....... ,; .... ~
..... · '* ...... ;**'~- No fee will be charged for such use. The Port Townsend Main Street
project is hereby authorized to regulate and schedule such events on behalf of the city
consistent with this section.
B. Commercial Vending/Busking. Busking is permitted on City Dock and Union Wharf;
provided, however, that at times when events permitted by subsection A of this section
are scheduled on the wharf, any busker who interferes with or disturbs the event may be
required to cease his/her performance. Buskers may not use sound amplification of any
sort. Commercial vending of any kind is prohibited on or within City Dock and Union
Wharf, except that the sale of CDs, tapes or other recorded music incidental to busking is
allowed. (Ord. 2631 § 1, 1998).
SECTION 7. That Section 5.46.170, City Dock - General regulations, Chapter
5.46 - City Dock and Union Wharf Use Regulations and Charges, of the Port Townsend
Municipal Code, be and the same is hereby amended as follows (strike is deleted,
underline is added):
5.46.170 City Dock - General regulations.
City Dock has been constructed to primarily be used for moorage by transient,
recreational boaters, and for general recreational access to the shoreline by pedestrians.
The floating dock is available for vessel use on a seasonal basis (generally the months of
April into October). To ensure that the floating dock and pier are used in a manner
consistent with these purposes, the following use regulations shall apply to users of City
Dock:
'A. Recreational Use. The use of City Dock by transient, recreational boaters is
encouraged. Tie-up by transient, recreational vessels and by vessels owned and operated
by a nonprofit corporation is free of charge. Except as otherwise provided in this section,
such use is allowed at any time but may not exceed 24 hours in any seven-day period,
unless special permission is granted by the public works director. SuCh use is on a first-
come, first-served basis. Recreational boaters are hereby put on notice that rafting up of
vessels to three-deep may occur and that any rafting up is at the owner's and/or operator's
own risk.
1. City Dock Unloading/Loading Zone. The city public works director, ~, ........ ~. .....
..,',h .... v ....... ,~ .... ~ ..... ... ..... ;"~'~ may designate a portion of the floating
dock exclusively for 30-minute unloading and loading between the hours of 7:00 a.m. and
one-half hour after sunset of: (1) transient, recreational boat passengers at any time of the
year, and/or (2) commercial passenger service vessels during the low recreational use
season and shoulder months as further set forth in subsection B of this section. A person
responsible for navigating such boats must remain on board while temporarily moored at
City Dock.
Page 6 Ordinance 2811
2. City Dock 24-Hour Use. The city public works director, upon tke~vr, v ......... ~ v.~c**"~..~
,~o~v ....... ,~ .... ~ ..... ,~-, ccm~.~ee, may designate a potion of City Dock
exclusively for 24-ho~ use by tr~sient, recreational vessels ~or for overnight use by
tr~sient, recreational vessels.
B. Co~ercifl Passenger Se~ice Vessel Use D~ng Off-SeasOn ~d "Shoulder
Months." The city strongly favors co~ercial use of Union ~f over City Dock;
however, City Dock may be used by commercial passenger se~ice vessels ~der veu
limited circmst~ces as folloWs:
1. Use Ce~ification Required. IAC gr~t ~ds used, in p~, to cons~uct City Dock
contain limitations on use of the dock by commercial vessels, p~icul~ly during what
IAC defines as the "high recreational use season" (third Friday of April t~ough
September 30th). However, IAC policies do allow co~ercial use of IAC-~ded
facilities d~ng the "low recreational use season" (October 1 st t~ough the third Friday in
April) upon filing ~d approval of a "Use Ce~ification" before ~e co~ercial activity
begins. In addition, on a case-by-case basis, IAC may allow co~ercial use of ~e dock
d~ing the "shoulder months" of the high season (i.e., May mhd September). The public
:amm~, shall file a Use Ce~ification ~th IAC for the months identified by the
director .... ~**~ Co~ercial use of the dock duhn~ off-season ~d shoulder months
is specifically contingent on IAC ~ually approvin~ a Use Ce~i~cation, and not~in~ in
this section ~u~tees such certification or obligates the ci~ to seek such certification.
2. Use ~ P~ of a Co~ercial Passenger Se~ice Vessel- Day Use Pemit. In the event
mat me contingencies of subsection (B)0) oft~s section ~e met, ~y person w~o ha~
obtained a co~ercial passenger se~ice vessel pe~it for Union ~fp~suant to
PTMC 5.46.200(C) may also use City Dock for loadin~ ~d ~loadin~ dining the sine
orr-season ~or shoulder months, at no extra ~gc. However, the one-day use pemit
p~su~t to PTMC 5.46.200(C)(1) is not available for City Dock. Day use of City Dock
by co~ercial vessels d~ing the off-season ~d shoulder mont~s, if allowed ~der
subsection (1) above, is pe~iaed only upon payment of the sine fees set forth in PTMC
5.46.210(C), ~d upon ~lfilling the requirements set fo~h in PTMC 5.46.210(D).
c. Event Use. Ci~ Dock may be used by the Wooden Boat Fo~dation or other
m~itime-related nonpro~t or~imion flee of ch~e wit~ the prior approval of the city
~ ~er set fo~h in PTMC 5.46.090.
D. Designations and Si~nage. The public works director shall place appropriate signs
noti~in~ co~ercial ~d recreational users of the use regulations contained in this
E. Public Works Director's Authority to M~e Minor Ch~ges. ~e public works director
m~e minor c~es or modmcations to the designations or fees c~amed ~der t~is
c~apter ~mout ~er co,oil action; provided, that the city co~cil is timely notmed of
~y such ch~ges. (Ord. 2631 ~ !, 1998).
Page 7 Ordinance 2811
SECTION 8. That Section 5.46.190, Union Wharf- Designations and signage,
Chapter 5.46 - City Dock and Union Wharf Use Regulations and Charges, of the Port
Townsend Municipal Code, be and the same is hereby amended as follows (strike is
deleted, underline is added):
5.46.190 Union Wharf- Designations and signage.
The public works director shall place appropriate signs notifying commercial and
recreational users of the use and payment regulations contained in this Article III for the
various locations of the wharf (as identified in the schematic drawings at PTMC
5.46.060). The public works director is authorized, ,,,h~.~
recreafien o'-'~ ..... "~ ...... ;**,-,~ m make minor changes or modifications to the
designations or fees charged under this chapter without further council action; provided,
that the city council is timely notified of any such changes. (Ord. 2631 § 1, 1998).
SECTION 9. That Section 10.04.170, Taxicabs and bus zones, Chapter 10.04 -
Parking, of the Port Townsend Municipal Code, be and the same is hereby amended as
follows (strike is deleted, underline is added):
10.04.170 Taxicabs and bus zones.
With the consent of the owners of property abutting on any parts of streets mentioned in
PTMC 10.04.150, the City Manager, Public Works Director, and mayer, chief of police
o~nd z.ha~.nv..an cf the street ~c~-v..'~ee, acting together, are hereby granted the power and
authority to designate zones for taxicabs and autobuses to stand or park, on any of the
parts of streets mentioned in PTMC 10.04.150, such designation to be in writing and filed
with the city clerk; provided, however, that such taxicabs and autobuses shall not be
subject to the hours of standing or parking, as provided for in PTMC 10.04.190,
10.04.194 and 10.04.200; and provided further, that physicians be allowed to park their
autos at all hours without time limit, and also granting the chief of police and his
designated agents the authority to impound vehicles which are not taxicabs or autobuses
from said zones. (Ord. 2000 § 3, 1984; Ord. 1024 § 2, 1933).
SECTION 10. That Section 20.01.040, Project permit application framework,
Footnote 1, Chapter 20.01 - Land Development Administrative Procedures, of the Port
Townsend Municipal Code, be and the same is hereby amended as follows (strike is
deleted, underline is added):
Footnote 1: Type V land use plans are subject to review and recommendation by the
planning commission. However, the following utility plans may be reviewed or
considered by the planning commission only upon referral by the city council to the
planning commission of all or part of the plans: wastewater (sewer) plans, stormwater
plans, water system plans, and solid waste plans. The city council shall conduct review
and hold one or more open record public hearing(s) on all such plans. ~
Page 8 Ordinance 2811
SECTION 11. 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.
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, Washington, at a
regular meeting thereof, held this 17th day of June, 2002.
Attest:
Approved as to Form:
Pamela Kolacy, CMC, City Cl,,lc
John P. Watts, City Attorney
Page 9 Ordinance 2811