HomeMy WebLinkAbout2312 Penalties for Trespass on Unopened Strees and for Failure to Obtain Street Development PermitsORDINANCE NO. ~ ;~-
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING
CHAPTER 12.04 OF THE PORT TOWNSEND MUNICIPAL CODE BY
ESTABLISHING A NEW SECTION 12.04.173 REGARDING TRESPASS
ON UNOPENED STREETS AND AMENDING SECTION 12.04.250
REGARDING PENALTIES FOR FAILING TO OBTAIN STREET
DEVELOPMENT PERMITS AND ESTABLISHING PENALTIES FOR
TRESPASS ON UNOPENED STREETS.
WHEREAS, the City of Port Townsend has experienced damage to
unopened street rights of way through trespass by recreational
vehicles, and
WHEREAS, use of unopened and unimproved rights of way by
vehicles can make later improvement of the streets'more difficult
and expensive, and
WHEREAS, use of unimproved rights of way by vehicles can cause
storm drainage and erosion problems which can damage the right of
ways and adjoining private properties, and
WHEREAS, irreparable damage to wetlands, drainage courses and
other natural features can be caused by unauthorized use of
unopened street rights of way, Now Therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT
TOWNSEND AS FOLLOWS:
Section 1. A new Section 12.04.173 of the Port Townsend Municipal
Code is hereby established to read as follows:
12.04.173 Unlawful to trespass on unopened streets. In order to
protect against damage to unopened streets, it shall be unlawful to
trespass on an unopened City street right of way in a vehicle, or
any other manner specifically identified by signage, where the
Director of Public Works or the City Engineer have caused to be
posted a sign or signs warning against trespass on the unopened
right of way. Any such trespass shall be punishable under the
provisions set forth in Section 12.04.250 of this Chapter.
Section 2. Section 12.04.250 of the Port Townsend Municipal Code is
hereby amended to read as follows:
12.04.250 Public Improvements and Trespass Provisions --
Enforcemewnt.
A. A permit obtained by any person, including any property
owner or contractor, who fails to commence or complete the required
improvements within the time required by such permit may be
immediately revoked by the public works director; provided,
however, that the director may extend the time for commencement or
completion of such improvements for an additional period not to
exceed one year.
B. The provisions of any permit hereunder, and any no-protest
agreement or covenant to ~participate in a local improvement
district which may be required, shall be listed as a condition of
any approved building permit issued in conjunction therewith and
may be enforced as part of the approved building permit.
C. Any person, firm or entity violating any of the provisions
of Section 12.04.170, 12.04.173, 12.04.175, 12.04.180, 12.04.210 -
12.04.250 and 16.04.130 of this code shall be guilty of a civil
infraction, which shall be punishable by a fine not exceeding five
hundred dollars for the first violation and one thousand dollars
for the second or any subsequent violation. In addition, any
person, firm or entity which has been issued a building permit,
street development permit or otherpermit of the city in connection
with or pursuant to Sections 12.04.175, 12.04.180, 12.04.210 -
12.04.250 and 16.04.130 of this code may be required to immediately
cease all work under such permit, and the city's planning and
building department is authorized to cause all work to_cease under
any such permit and to void and nullify such permit. The planninq
and buildinq department is also empowered to order the restoration
and reDair by any person, firm or entity who does any unauthorized
work in city riqht of ways at the expense of such person, firm or
entity.
D. A notice of infraction may be issued by a city police
officer, the city attorney or the public works director or
designee. Upon issuance of a notice of infraction, all the
procedures and provisions of Sections 8.04.410, 8.04.420, 8.04.430
and 8.04.440 of this code shall apply.
E. Violations of this chapter shall also constitute a
criminal offense punishable under the provisions of Section
1.01.020 of the Port Townsend Municipal Code.
Section 3. This ordinance shall take effect upon its passage,
approval and publication in the form and manner provided by law.
Read for the first, second and th~ ti~es,~assed by the City
Council of the City of Port Townse~ and ~g~d/by the Mayor of the
City this E~.. day of July~ 1992/ ~ [ / _ .
David A. Grove, Clerk/Treasurer
Jo~Clise,--Mayor
A~roved as to form:
Dennis McLerran, City Attorney