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Ordinance 3107
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING
ORDINANCE 3091 PROVIDING FOR REGULATIONS CONCERNING
SIDEWALKS
RECITALS:
On March 31, 2014, the City Council adopted free speech sidewalk rules in Ordinance
3091.
Council determines it appropriate to make minor amendments to Ordinance 3091.
The two revisions are shown in strike/underline on the attached Exhibit A. Both affect
the free speech rules around public art.
One revision would reduce the 20-foot area around public art within which structures
(tables, signs) are prohibited to 10 feet. A concern is that at 20 feet, this takes up the
entire area around Haller Fountain.
The other would remove altogether the prohibition on leafleting, sign carrying, signature
gathering, etc. within 20 feet of public art. The issue the ordinance was directed at was to
keep those areas free of tables and chairs (to allow public enjoyment of the art), and not
prohibit other free speech activity by individuals.
NOW,THEREFORE, the City Council of the City of Port Townsend ordains as
follows:
Section 1. Ordinance 3091 and PTMC 9.46 of the Port Townsend Municipal Code
are amended to read as follows (strike is deleted, underline is added):
See Exhibit A, attached and incorporated by reference.
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, Washington, at a
regular meeting thereof, held this 16th day of June, 2014.
Ordinance 3107
Page 2 of 2
r
r
David King, Mayor !/
Attest: Approved as to Form:
Pamela Kolacy, MMC,City Cler1 ' John P. Watts, City Attorney
Ordinance 3107
Exhibit A
Page I of 11
EXHIBIT A
Right of Way Use Rules including Streets and Sidewalks
9.46.010. Purpose.
1. The City Council determines it appropriate to set reasonable time, place and manner
restrictions, which are narrowly tailored to serve a significant governmental interest and
leave open ample alternative channels for communication, and which are content and
viewpoint neutral, for use of streets, sidewalks, alleyways and other public places in order
to accommodate and balance a variety of public interests, including protected speech and
expression.
2. The City Council recognizes the value of expressive activities including speech and
music to a vibrant and diverse outdoor life, particularly for the downtown area. These
rules are not intended to prohibit such expressive activities and in no way seek to regulate
content of expression or the viewpoint of the speaker or presenter. Rather, the rules are
intended to allow free speech and expressive activities subject to reasonable time, place
and manner restrictions, so that a variety of public interests including free speech
activities are accommodated.
3. In addition to accommodating expressive activity, these rules and regulations are
designed and intended to accommodate these important public interests: (a) maintaining
the use of sidewalks for reasonably unimpeded, safe and efficient travel and
transportation, and incidental authorized uses (for example, sidewalk vending, and
sidewalk cafes), and other public purposes (events, parade, etc), and maintaining streets
for pedestrian and vehicular traffic; (b) maintaining the use of sidewalks and streets for
safe, efficient and reasonably unimpeded travel and transportation by persons who are
infirm, elderly or disabled and to accommodate transportation assistance devices such as
wheelchairs, walkers, and crutches; (c)protecting the City's investment in infrastructure
designed to promote tourism; (d) respecting the rights of owners and occupants of
adjoining properties to light, air, access and view, (e ) assisting cleaning and maintenance
of the right of way; (f)providing for safe and prompt access to utilities and related
equipment located in or under rights of way; (g)preserving the safety and aesthetic
appearance of"public places" as inviting areas for pedestrians; and (h)providing an
opportunity for a diversity of activities, view, or opinions. Limits, including the limits in
this Chapter, assist in ensuring that public space is freely available to all, including others
who may wish to exercise free speech rights. These limits are especially important in the
Civic District given its unique public aspect in the City.
4. Over the years, the City has engaged in planning efforts and capital projects. Recent
projects include investment in the downtown streetscape and Taylor Street improvements
which are in part designed to make the area safe and inviting for pedestrians- encourage
downtown business activity and encourage tourism. Setting reasonable time, place and
manner restrictions on protected speech and expression helps protect this investment in
infrastructure and preserve the use of sidewalks for reasonably unimpeded, safe and
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Ordinance 3107
Exhibit A
Page 2 of 11
efficient pedestrian traffic, including for tourists, while at the same time accommodating
protected speech.
5. Over the last couple of years, a number of citizens have complained that certain free
speech use of the sidewalks in the downtown area is so extensive and intrusive that it
interferes with access to Pope Marine Park or has the effect of obstructing substantial
portions of the sidewalk. One person in particular displays large and intrusive
whiteboards with various messages. These displays run for at least 80-100 feet on the
sidewalk and substantially interfere with free, open and safe travel by pedestrians and
others with disabilities and those using strollers or other accessories. The complaints
(with one or two exceptions) do not object to the content of these messages. The
complaints have been both written and verbal. Last fall, out of concern that this type of
use could create a safety issue if it occurred during the Wooden Boat Festival and the
Arts and Crafts Fair, the Council adopted temporary regulations prohibiting placing any
obstruction on the sidewalk(free speech, vending cart or otherwise) in the "event zone"
(area in the immediate vicinity of the festivals).
6. Without reasonable limits, such activities effectively and unreasonably take over
substantial portions of sidewalks and substantially interfere with pedestrian use. Such
activities can create safety issues for the public, particularly during major tourist events
such as the Wooden Boat Festival and the Arts and Crafts fair which can draw tens of
thousands of people to a small area of the city at any one time
7. Having rules in place serves the important function of providing clear standards for what
activities can take place and under what conditions so that users may know in advance of
any activity that is allowed.
8. These rules provide the opportunity to anyone to obtain an administrative interpretation
of these rules if a user is unclear of the standards and requirements and wishes to obtain
an interpretation in advance of engaging in any conduct.
9. These rules also provide an opportunity to seek a variance from the application of the
rules if the user believes their application causes unnecessary hardship or interference
with a person's ability to communicate protected speech.
10. These rules build on and supplement—but do not replace -- other rules and regulations
that allow specified activity in public area. For example, certain commercial activities on
sidewalks, such as sidewalk cafes and vending machines, are subject to the requirements
of a street use permit(Chapter 12.10 PTMC). Special events occurring within public
rights-of-way are subject to the requirements of a special event permit(Chapter 17.60
PTMC). Assemblies occurring within public rights-of-way are subject to the
requirements of assembly regulations (Chapter 9.24 PTMC). Sales on streets and
sidewalks are subject to Chapter 5.32 PTMC. Activities in public or private areas are
also subject to the City's noise ordinance (Chapter 9.09 PTMC). Activities in public or
private areas can constitute public nuisances under the City's nuisance code (Chapter
9.08 and 9.10 PTMC). Activities can be subject to traffic and criminal codes, for
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Ordinance 3107
Exhibit A
Page 3 of 11
example, RCW 9A.84.030 (1)(c)which makes intentional obstruction of vehicular or
pedestrian traffic without lawful authority a misdemeanor.
11. These rules are also necessary to ensure that persons with disabilities have safe and
unimpeded access to public streets and sidewalks and to comply with State and Federal
disabilities laws. As proposed by the Architectural and Transportation Barriers
Compliance Board ("Access Board"), a continuous clear width of pedestrian access
routes (exclusive of the width of the curb) must be 4 feet minimum to accommodate
persons with disabilities. Proposed Accessibility Guidelines for Pedestrian Facilities in
the Public Right-of-Way," Published in the Federal Register on July 26, 2011, 36 CFR
Part 1190; Docket No. ATBCB 2011-04.
12. These rules define the legislative balance of placing reasonable limits on protected speech
but allowing ample opportunity for persons to engage in protected speech.
13. There rules are designed to protect the public health, safety, welfare and economic
prosperity of the City of Port Townsend.
14. Nothing contained in this chapter is intended to be, or shall be, construed to create a duty
to enforce this chapter or to form the basis for liability on the part of the city of Port
Townsend or its officers, employees, or agents, for any injury or damage resulting from
the failure of any person to comply with this chapter. No provision of this chapter is
intended to impose any duty upon the city or any of its officers or employees, which
would subject them to damage in a civil action.
9.46.020 Definitions
1. "Busking" means to play music or otherwise perform for voluntary donations on a public
space (for example, right of way, sidewalk, or park).
2. "Protected speech" means verbal or written communications intended to convey a non-
commercial political, religious philosophical or other similar message to the public, and
includes distributing literature, seeking petition signatures, picketing, demonstrating,
carrying or displaying signs, billboards,posters and similar messaging, artistic
performance, or other activities recognized by the courts as entitled to protection under
Federal or Washington constitutions.
3. "Public space"means any part of the City of Port Townsend that is not privately owned
and that is controlled, managed or operated by the City and available for use by the
public, such as (but without limitation) streets, sidewalks, alleyways, rights-of-way,
parks, City buildings or properties.
4. "Use" means the exercise of dominion or control over or occupation of all or part of a
public space. It includes construction, storing, erecting, placing upon, or maintaining,
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Ordinance 3107
Exhibit A
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operating any inanimate thing or object in, upon, over, under any public space. "Use"
includes the placement of a table, equipment, placard, display or other similar object.
"Use" does not include the placement of an inanimate object in such a location and for
such a limited duration of time that, under the circumstances, no reasonable persons
could conclude that the public's right to use or enjoy the public space, in whole or in part,
had been or potentially could have been interfered with F oc e arripl e, a p_ ,sell
Le lit)orat11Y sett tli_', a. of Ofist 'i in oil the ,,tdemalk is Dot "llSil th si(le't fllk as
�I�Itil r 3 ill tltt 11)r2. "Use"includes busking if the buskar places objects on the public
space (for example guitar case) and leaves it there in a manner that meets the definition of
"use" above.
"'L)sC" Cioes FIOL tits (ticlt 1 4�t',t �)t; -."i1a) �i' i iloi-tt p clt iiio I tirio� oti the sidewalk, is
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limiroc b Ili c, iii l) 1 f,' 9A6,030 (?)-
9.46.030 Rules of Conduct.
The f�ll��w�nthe public rights of way and public spaces '(�S `U�se t S (�1e t l r 1e��_t t, f' [-��I�_
g pP Y y person
4? ces including streets and sidewalks for
protected speech activity, and permission is allowed subject to the these rules. They apply to any
person, including those engaged in any of the following activities: Leafleting and signature
gathering, busking, carrying stick-mounted signs, and using tables, signs, posters, billboard or
similar messaging, or other structures for free speech activity.
1 j Yieller"al 1 lhis section _-Ipplics to atll tJ r`°;t 11 W110 t ilgag{' ill protect t + `i)`ech
act15 itv oil Lhc: �)UDHC; r+ tas C i �, rid p,,tblic sj)a es H_i ludiog streets,is and �hs.
1. No person shall treat any person in an aggressive, menacing, threatening or abusive
manner that would place a reasonable person in fear for their property or personal safety.
2. Leafleting and signature gathering, busking, carrying stick-mounted signs, using tables,
signs or other structures for free speech activity, and similar free speech activities shall be
done in a manner that does not substantially or unduly block the free and unimpeded use
of the sidewalk or streets for pedestrian or vehicular traffic, including those with
disabilities, or access to building entrances, or that poses a safety hazard. No St1G1,
r Ix y l i zl lia l - „t..ct i 1 1.
3. A person wishing to carry signs must ensure that the sign meets the following
requirements:
• No sign may be larger than 4 square feet, and not be wider than 30 inches.
• A sign may be attached to a stake which is no more than 8 feet in length.
• Signs may only be constructed of lightweight materials such as cloth, paper,
cardboard or plastic (but not including metal).
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Ordinance 3107
Exhibit A
Page 5 of 11
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1. A person wishing to occupy or"use" (as "use" is defined in section PTMC
9.46.020(4)) the sidewalk or other right-of-way for protected speech activity
(including busking)must comply with all of the following:
a. Allow a continuous clear width of pedestrian access routes (exclusive of the width of
the curb) of 5 feet minimum to accommodate pedestrian travel and in particular
persons with disabilities. To the extent possible, the 5' "clear space" shall be located
in the middle area of the sidewalk, so as to avoid having pedestrians having to weave
through structures.
b. At any intersection, not occupy or use any area on the sidewalk or other public area
within the following defined area:
(1) For any intersection with two marked crosswalks (or other clear markings
showing the area for pedestrians to cross), the area that is within an extension of the
two lines of perpendicular sidewalks that represent the outer side of the crosswalks
(or other clear markings showing the area for pedestrians to cross). The outer side is
the one furthest from the intersection.
(2) For an intersection with only one marked crosswalk, then the area that is within
(a) an extension of a line that represents the outer side of the crosswalk and (b) the
perpendicular right of way line. The outer side is the one furthest from the
intersection.
(3) For an intersection with no marked crosswalks, the area that is within an extension
of the perpendicular right of way lines.
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Ordinance 3107
Exhibit A
Page 6 of 11
Provided, if there is a bench located within this defined area, nothing prevents a
person from using the bench and area within 3' in front of the bench for protected
speech activity so long as the rules in paragraph(f) are met.
The attached illustration provides. examples.
c. Within the following described areas of the Civic District, the following rules apply
(these rules overlap):
1. Pope Marine Park—Stairs: No use shall occur(no obstructions should be
placed) in the area within 10' of the top of the stairs or on the stairs.
2. Pope Marine Park—Madison Side of Park and corner of Madison and Water
Streets (and delineated by the stairs to the Park and the concrete wall extending
along the back side of the sidewalk on Madison Street and in a circular manner
around the corner to where it ends close to Pope Marine Building): No use should
occur(no obstructions should be placed) within 10' of the stairs or this edge.
3. Pope Marine Building, City Dock, Wave Viewing Gallery: No use shall occur
(no obstructions should be placed) on these structures or within 10 feet of their
entrance(s).
4. No use shall interfere with or block a fire lane.
d. Not occupy or use any area of the sidewalk within 30 inches of a parking area. The
30 inches provides an area to allow persons to enter or exit a vehicle.
e. Not occupy or use any area that physically obstructs or impedes the free passage of a
person seeking to enter or depart from a park or public space or private building,
f. Not occupy or use any area that physically obstructs or that interferes with use of a
public amenity (for example, a public bench). Placing structures in a manner that
constitutes "use" under PTMC 9.46.020 within 5 feet of the sides or back of a public
bench and within 20 feet of the front of a public bench is prohibited, provided,
nothing prevents a person carrying a sign from sitting on a bench, and nothing
prevents a person who is busking from sitting on a bench including placing something
to collect donations directly in front of the person. Such use shall not have the effect
of taking over a bench so others cannot enjoy it. This rule takes precedence over any
prohibition on uses at intersections.
g. Maximum sign area is eight square feet per sign face; maximum width of a sign or
structure is 30 inches; maximum height of any sign is four feet.
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Ordinance 3107
Exhibit A
Page 7 of I1
h. Structures may not be placed any closer than 12 inches from any tree grate or other
planting.
i. Not occupy or use an area within 20 10 feet of any public art.,. cx e pt, wi 111%_11 0 1;
1' tc t, (Cw ll r cl iVtacli,-s on pid °v� r�It z Sttv cls) . Examples of public
include: The Salish Sea Circle (corner of Madison and Water Streets) and Haller
Fountain (Taylor and Washington Streets).
j. Not occupy or use a space larger than four feet wide by six feet long, and no structure
may exceed five feet in height. The area is a contiguous area. A person may not use,
for example, a portion of the allowed area in one spot and use the balance of the
allotted area in another spot outside the 4' by 6' area, and move back and forth
between the spots.
The area limitation is "per person,"meaning, for example, that two individuals
playing music together(and placing structures like guitar cases on the sidewalk) may
each occupy an area of 4' by 6'. In other words, a group of musicians is not
prevented by the 4' by 6' area limitation from playing together as a group.
k. To the extent the foregoing rules (a)—0) may conflict in specific circumstances, the
more restrictive rule shall apply.
2. If any structure or material is located on the sidewalk(for example, table, self-standing
sign, placards, displays, boxes, supplies), it must be located in conjunction with related
protected speech activities, and is only allowed so long as the structure or material is
attended (and not left unattended). For purposes of this section, "attended"means the
person who places the structure or material remains next to the structure(s) or
material(s). Provided, nothing prevents the person from leaving the area for up to five
minutes every sixty minutes. "Next to" means being no further than ten feet from any
structure or material.
3. Except as provided in this Chapter, no one shall attach, lean or place any sign or
structure on or against any City property or other government agency's property, or
private property without the written permission of the owner of the property.
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9.46.040 Administrative Regulations.
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Ordinance 3107
Exhibit A
Page 8 of 11
1. The Chief of Police may adopt administrative regulations that are consistent with and that
further or implement the terms and requirements set forth in these Rules or the Ordinance
to which the Rules are related. This authority is in recognition that not all situations that
constitute substantial and unreasonable interference with pedestrian or vehicular traffic or
that constitute a safety hazard can be anticipated or covered by an ordinance or set of
rules, and there may be situations where the Chief of Police needs to act administratively
before the City Council can act.
Before adopting an administrative regulation, the administrative regulations shall be
reviewed with the Mayor (or in the Mayor's absence, the Deputy Mayor), City Manager
and City Attorney.
2. Administrative regulations shall be posted on the City's website, and kept on file with the
Chief of Police and the City Clerk, and shall be available on request by a member of the
public for inspection or copying. On adoption, the administrative regulations shall be
immediately forwarded to the City Council.
9.46.050 Variance.
1. Any person may apply in writing to the Chief of Police for a variance from the
requirements of this Ordinance and these Rules, or any administrative regulations, or
event or temporary use permit conditions. The person making the request shall include
his or her name, address, and other contact information, provide information reasonably
related to the request showing a basis for variance or departure from the requirements
and, if the variance relates to free speech or expressive activity, why the speech or
expressive activities that are restricted by this Ordinance or otherwise are not reasonable
or sufficient to enable the person to communicate the person's message. The Chief of
Police may attach conditions to any variance that are consistent with the purposes of this
Ordinance and these Rules. The Chief of Police (or designee) shall provide a written
response to the request for variance as soon as possible, and no later than one business
day following the request.
2. Any applicant for a variance may appeal the decision of the Chief of Police by filing a
written request to the City Manager within 5 business days of the date of the Police
Chief s written decision. The City Manager shall issue a decision within 5 business days
of the request.
9.46.060 Interpretation.
1. Any person may apply in writing to the Chief of Police for an interpretation of the
requirements of these Rules or the Ordinance to which the Rules are related, including, to
interpret the scope, intent or meaning of any provision of the Ordinance or Rules, or any
administrative regulations, or event or temporary use permit conditions. The Chief(or
designee) shall provide a written response to the request for interpretation as soon as
possible, and no later than one business day.
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Ordinance 3107
Exhibit A
Page 9of11
2. Any applicant for an interpretation of the requirements of these Rules or the Ordinance to
which the Rules are related may appeal the decision of the Chief of Police by filing a
written request to the City Manager within 5 business days of the date of the Police
Chief's written decision. The City Manager shall issue a decision within 5 business days
of the request.
9.46.070 Enforcement; Violations.
1. All persons must comply with written or oral instructions issued by the Chief of Police or
a Police Officer to enforce these Rules or the Ordinance to which the Rules are related, or
any administrative regulations, or event or temporary use permit conditions adopted
pursuant to this Ordinance.
2. Before enforcing the Ordinance or Rules, or any administrative regulations, or event or
temporary use permit conditions,police officer(s) shall give a verbal warning informing
the violator of this the Ordinance and Rules, including any administrative regulations
adopted by the Chief of Police (or designee), and an opportunity to cease the activity. If
the violator continues the activity after this warning the police may proceed with
enforcement.
3. Violation of this Ordinance or Rules, or an administrative regulation issued by the Chief
of Police (or designee), or the terms of any variance, or the terms of any event or
temporary use permit conditions, shall constitute a civil infraction, and the Chief of
Police or City police officer may issue a notice of civil infraction pursuant to Chapter
7.80 RCW. Civil infractions are not crimes. The provisions of Chapter 7.80 RCW,
including any amendments thereto, are adopted by reference in this Ordinance and Rules
as if set forth in full. "Enforcement officer" as set forth in Chapter 7.80 RCW is the Chief
of Police (or designee) or police officer of the Police Department.
The civil infraction penalty is $100 per violation.
4. A person who has been issued a notice of civil infraction for a violation of this
Ordinance or Rules, or an administrative regulation issued by the Chief of Police, or the
terms of any variance, and who willfully and knowingly continues or engages in
additional conduct prohibited by this Ordinance or Rules, or an administrative regulation
issued by the Chief of Police, or the terms of any variance after having been issued a
notice of civil infraction for a violation of this Ordinance or Rules, or an administrative
regulation issued by the Chief of Police, or the terms of any variance, or fails to comply
with a directive to cease the activity, is guilty of a misdemeanor, and may be cited and/or
arrested in connection with the offense.
5. Unattended structures, materials or obstructions may be picked up and removed without
notice by the City. Except in an emergency, the Police shall make a reasonable effort to
notify the person responsible for the unattended structures, materials or obstructions of
attendance requirements (including breaks as provided above) and to advise the person
that unattended structures, materials or obstructions are not permitted and are subject to
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Ordinance 3107
Exhibit A
Page 10 of 11
removal. "Reasonable notice may be leaving a written notice on the structures, materials
or obstructions of the requirements of City code. Attended structures, materials or
obstructions may be picked up and removed after notice by the City to the violator of the
violation and the violator, after being given an opportunity to cease the activity, fails to
do so. Items picked up shall be freely available to return to the owner; provided that the
owner is responsible for and shall pay all costs of City removal before being allowed to
retrieve the items. The cost of removal shall include, but it is not limited to, City
employee (officer) time, at the employee's (or officer's)hourly salary plus benefits,
transportation costs, storage fees and costs, interest and attorneys' fees and costs;
Provided, for a first offense, the total cost shall not exceed $100. The City shall not be
liable for any loss or damage to structures, materials or obstructions picked up, removed
and stored by the City pursuant to these Rules and this Ordinance.
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Ordinance 3107
Exhibit A
Page 11 of 11
ILLUSTRATION - NO "USE"AREAS No"Use"Area
(FEB. 11, 2014) AT INTERSECTIONS (No Structures)
I
1 1
1 1
6N
Edge of Crosswalk
Street
Sidewalk
1 1
1 1
1 1
11