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HomeMy WebLinkAbout3095 Regulations Regarding Sidewalk Obstructions and Events Ordinance 3095 Temporary Regulations Concerning Sidewalk Obstructions Pagel of 8 Ordinance 3095 AN ORDINANCE OF THE CITY OF PORT TOWNSEND PROVIDING FOR TEMPORARY REGULATIONS CONCERNING SIDEWALK OBSTRUCTIONS IN THE VICINITY OF THE WOODEN BOAT FESTIVAL AND THE ARTS AND CRAFTS FAIR; AND PROVIDING AUTHORITY TO THE CHIEF OF POLICE TO SET TO SET EVENT REGULATIONS FOR TEMPORARY USES AND EVENT PERMITS; AND DECLARING AN EMERGENCY RECITALS: A. In 2012, the City Council adopted Ordinance 3083 providing for temporary regulations concerning sidewalks obstruction in the vicinity of the Wooden Boat Festival and the Arts and Crafts Fair. The reasons are set forth in the Recitals set forth in Ordinance 3083 and which are copied below. For the same reasons, the City Council determines by this Ordinance to adopt the same regulations. B. In addition, as set forth in Section 2, the City Council determines to add specific authority to the Chief of Police to set similar regulations for temporary uses and event permits. RECITALS FROM ORDINANCE 3083 (2012) 1. The City Council, on the recommendation of the City Manager and Chief of Police, and based in part on recommendations of East Jefferson Fire Rescue (EJFR) and other police, fire and life-safety professionals, determines it appropriate to establish a safety zone area around the 2012 Wooden Boat Festival and the Arts and Crafts Fair. Within this area, sidewalks, as set forth in this ordinance, are to be kept clear of physical obstructions in order to provide a safe means of ingress and egress in the event of an emergency, and to avoid congestion that creates safety hazards when people seek to avoid congested areas are likely to go out into the streets and risk traffic conflicts. These events, combined with the Summer Sidewalk Sale occurring at the same time in the same vicinity, create a coalition of events that are unprecedented for the City, and justify additional, temporary regulation of the sidewalks in the east end of downtown. 2. The Wooden Boat Festival (WBF) is held this year the weekend of September 7 through September 9. The WBF is an annual event that in recent years has attracted more than 20,000 visitors to the event. It is held in the area around the Point Hudson boat basin at the far east end of downtown. It features more than 300 boats and dozens of indoor and outdoor presentations and demonstrations. Ordinance 3095 Temporary Regulations Concerning Sidewalk Obstructions Page 2 of 8 3. The WBF this year is expected to have a larger number of visitors than in years past. Estimates range as high as 30,000 visitors. This is due in part to the growing popularity of the event, and also to the fact that the City has invested in recent street, sidewalk, park and plaza and other improvements in the vicinity. These improvements are designed to give the east downtown area an appearance of"public place" and an inviting and safe area for pedestrians to visit. 4. These improvements include: Sidewalk improvements on both sides of Water Street from Monroe Street to Madison Street, plaza improvements on Madison Street south of Water Street and behind the Cotton Building and next to Pope Marine Building; location of a sculpture in the plaza at the northwest corner of Pope Marine Park; improvements to Pope Marine Park including the plaza at the northwest corner, and improvements to the Cotton Building. In addition,recent street and sidewalk improvements occurred in partnership with the Northwest Maritime Center (NWMC) on Water Street in front to the NWMC Buildings. 5. These improvements are a significant change to the east downtown area from years past, and have helped to increase visitors to the WBF along the Water Street corridor, facilitating tourism and providing economic benefit to the City and its merchants. With increasing traffic, and as recommended by police and fire professionals, there is a greater need to plan for public safety and manage events in this area. 6. The primary entrance to the WBF is on Water Street just east of the intersection of Monroe and Water Streets. It is the only entrance where visitors can purchase tickets and enter the Festival. The only other gate to the Festival is in the vicinity of Jefferson and Jackson Streets, but this gate only allows exiting, or entering if a visitor has already purchased a ticket at the main entrance on Water Street. 7. This year, unlike in years past, the WBF has rented two City facilities that are outside the main WBF area—the Cotton Building and the Pope Marine Building— to serve as additional venues for events associated with the WBF. 8. In addition to the WBF event, the Arts and Crafts Fair is a special event which will also take place at the same time and in close proximity to the WBF. The Arts and Crafts Fair consists of approximately 59 booths for the sale of art and crafts. This represents almost double the number of booths from last year, and reflects the growing attraction of this event, the WBF, and east downtown in general due to the recent improvements. The fair is located on Madison Street immediately to the north and south of Water Street and at the northwest corner of the Pope Marine Park. There is a little over one block of Water Street between Madison Street (location of the Arts and Crafts Fair) and the primary visitor entrance to the WBF. 9. Madison Street is closed to vehicular traffic for the Arts and Crafts Fair event. Sidewalks on Madison Street adjacent to the Fair must remain open and not be Ordinance 3095 Temporary Regulations Concerning Sidewalk Obstructions Page 3 of 8 obstructed by the event in order to provide a means of pedestrian egress around the Arts and Crafts Fair and for emergency access. 10. Visitors accessing or exiting the WBF on Water Street will pass by the Arts and Craft Fair. Visitors to the Arts and Crafts Fair may or may not also attend the WBF but it is likely that a substantial number of visitors to the Arts and Crafts Fair will also move down Water Street to attend the WBF. 11. Based on the information provided by Public Safety Administrator Michael Evans of the Police Department, who serves as the event coordinator for the City, Chief Daily, and Deputy Chief Krysinski of EJFR, there are significant risks to people and safety if sidewalks in the vicinity of the WBF and the Arts and Crafts Fair are obstructed by unpermitted activity. 12. Administrator Evans states that it is important to make sure there is a means of safe egress from the WBF in the event of an emergency in the vicinity requiring a mass evacuation. An emergency could include a building fire, or a criminal incident involving gunfire (which unfortunately is an increasing risk in this day and age). In such an event, there is a need for controlled egress from the area. Temporary unpermitted obstructions of the sidewalks (for example, tables, chairs, etc.) in his view would significantly impede controlled egress and creates a substantial safety hazard. I'). Administrator Evans cites information from the U.S. Department of Transportation"Approaches to Managing Pedestrian Evacuations": "By ensuring that pedestrians have their own corridor, individuals or groups can evacuate at a pace that is comfortable for them and avoid interfering with the progress of vehicles or of each other. This approach reduces substantially the potential for pedestrians to be injured by vehicles or interfere with the progress of drivers. It also reduces the potential for personal conflict between drivers and pedestrians." 14. Administrator Evans also cites a study by Pedestrian Specialist James Ercolano with the New York State Department of Transportation specifies that emergency evacuation situations can be mitigated "...through including mass evacuation on foot as a necessary factor for inclusion in emergency evacuation operational planning". Ercolano's report states an evacuation "walk-out plan" should assess and designate priority pedestrian evacuation routes to include the existing sidewalk and crosswalk network. 15. Administrator Evans also states that temporary unpermitted obstructions of the sidewalk in the vicinity of both events would create congestion points for pedestrians. Congestion points which back up crowds seeking to move forward to or away from an event result in people seeking ways around the congestion. If the only way around the congestion point is to enter streets, then he states this is what people will do. This creates a risk of pedestrian-vehicle accident. It also slows or stops vehicle traffic as pedestrians—who are avoiding congestion on the sidewalk Ordinance 3095 Temporary Regulations Concerning Sidewalk Obstructions Page 4 of 8 —may end up crossing the street mid-block and thereby cause vehicle traffic to slow or stop. 16. Administrator Evans, as events coordinator, is responsible for developing conditions and plans for events to ensure public safety. Based on his concerns for public safety, he has recommended to the Chief that sidewalks in the area in the immediate vicinity of the WBF and the Arts and Crafts Fair (as shown on the attached map) not be obstructed by unpermitted objects such as tables or chairs. 17. Administrator Evans' plan for the WBF also includes use of volunteers at the key intersection of Water and Monroe Streets (near the main entrance to the WBF) to keep traffic moving around the corner and—for the same reason he is requiring sidewalks to be free of unpermitted obstructions to lessen congestion and pedestrians entering the street to avoid congestion—the volunteers will ensure pedestrians only cross the street at the intersection at marked crosswalks (and not attempt all-way intersection crossings). 18. Administrator Evans also states that he is requiring a pick-up and drop-off area along the south side of Water Street between Madison and Monroe Streets to help maintain full and unobstructed traffic flow. This pickup and drop off area will increase pedestrian pressure on the adjacent sidewalk, and hence the need to keep the sidewalk in this particular area free of obstructions. 19. Among other considerations, Administrator Evans states that the need to maintain ingress and egress on sidewalks free of obstructions is that these events are at the far east end of the City—an area surrounded by water on two sides - with limited street and pedestrian access points due to topography. The only street and sidewalk access is by way of Water and Washington Streets from the west, and Monroe Street from the north. 20. He also notes, based on a conversation with the Public Works Director, that there is a need to maintain access to a sewer pump station located just south of the sidewalk at the southwest corner of Water and Monroe Streets. Per the Public Works Director, it is important that access to this facility not be obstructed by sidewalk obstruction should the need arise to access the facility for emergency service during the event. 21. Per Administrator Evans, limits are also necessary to ensure that persons with disabilities, particularly those who rely on the use of a wheelchair or mobility scooter for personal transportation, have frill access to public streets and sidewalks. 22. Police Chief Daily endorses the statements of Administrator Evans with respect to the need to ensure public safety and the importance of maintaining sidewalks near the events free of obstructions to serve this important consideration. Chief Daily observes that City regulations provide that it is unlawful to intentionally obstruct Ordinance 3095 Temporary Regulations Concerning Sidewalk Obstructions Page 5 of 8 pedestrian traffic. PTMC 9.02.200. However, he notes it is not clear this regulation would be effective to prohibit temporary obstructions which only partially obstruct a sidewalk. He therefore recommends a clear standard that for these events (WBF and Arts and Crafts Fair) the sidewalks in the immediate vicinity of the WBF and the Arts and Crafts Fair (as shown on the attached map) not be obstructed by unpermitted objects such as tables or chairs. 23. Chief Daily states that while with the Albuquerque Police Department he worked traffic control at the New Mexico State Fair for 6 years. His experience confirms Administrator Evans's statements that temporary obstructions create congestion points, and people will seek a way around the congestion point and often go out into the street, creating a risk of pedestrian-vehicle accident and also impeding vehicle traffic which must slow or stop to avoid people in the street. 24. He notes that pedestrians moving in large crowds increase the likelihood of pushing and jostling between pedestrians. If obstructions are present on the sidewalk, combined with pushing and jostling, then there is a significantly increased risk of someone tripping and falling over the obstruction, or being jostled toward the curb with attendant risk of falling. 25. He notes also that if the obstruction is some form of attraction then it is more likely to result in congestion as some people will stop to see what the attraction is and in so doing increase the likelihood of congestion. 26. Chief Daily also states that in another City event—the downtown Halloween trick or treat event -- pedestrians who were blocked by sidewalk congestion did in fact cut across the street mid-block to avoid the congestion. By cutting across the street mid-block (and not at a controlled intersection), the pedestrian risked injury from vehicle traffic. He observed several near misses. Congestion in those cases was caused by groups of people gathering in front of stores to "trick or treat." While not an obstruction from a physical object on the sidewalk, the effect was the same—the obstruction caused congestion which in turn caused people to go out into the street to avoid the congestion, and thereby created a safety issue. For this reason, the Halloween event now results in the closure of Water Street to vehicles to avoid the safety risk from pedestrians entering the street during the event and risking being hit by cars. 27. Deputy Chief Krysinski of EJFR joins in with the statements, concerns and recommendations of Administrator Evans and Chief Daily. He notes that blocking or partial blocking of sidewalks could obstruct fire department access in the event of emergency response. He cites the Fire Code that if it is determined that an event creates a safety issue through diminished access to buildings, structures, or access, the fire code official has the authority to order a plan to provide for public safety. Ordinance 3095 Temporary Regulations Concerning Sidewalk Obstructions Page 6 of 8 28. He also notes that keeping sidewalks open from obstruction is an important consideration in providing safety in the event of a mass evacuation. He notes people in an emergency evacuation typically exit the same way they entered. Since the primary entrance to the WBF is along Water Street, and many people will use Water Street to visit both the Arts and Crafts Fair and the WBF, it is important for public safety to keep this route as open as possible. 29. He and Administrator Evans conferred on the safety plan developed by Administrator Evans, and along with Deputy Chief Krysinski support the plan as needed to meet safety issues. This includes, especially, the component of the safety plan that sidewalks in the immediate vicinity of the WBF and the Arts and Crafts Fair (as shown on the attached map) not be obstructed by unpermitted objects such as tables or chairs. 30. Deputy Chief Krysinski is a certified flagging instructor. He notes a cardinal rule of the MUTCD on Pedestrian Consideration is that pedestrians should not be led into direct conflicts with traffic moving nearby. He states that similar considerations operate when large numbers of people are using sidewalks and face obstructions. There should not be any obstructions that increase the likelihood of persons—to avoid congestion from obstructions on the sidewalk - going out into the street and coming into conflict with traffic. 31. The City's insurance authority also advises the City that there is an increased likelihood of litigation against the City in the event someone trips and falls as a result of obstructions themselves placed in the sidewalk or from congestion associated with obstructions. 32. Based on the above, there is a clear need to control access and provide for safe and efficient means of ingress and egress for pedestrians for these events, and to provide for emergency access, and to provide for emergency egress in a major event. One important means to do this is to provide clear passage and limit unpermitted obstructions of sidewalk in the vicinity of the WBF and Arts and Crafts Fair. 33. Without these limits, obstructions could occur that substantially and unreasonably interfere with public safety and the need to provide for safe pedestrian use of the sidewalks. 34. The City Council recognizes the need to accommodate protected speech and expression activities. The prohibition of temporary unpermitted structures on sidewalks in the vicinity of the WBF and Arts and Crafts Fair (as shown on the attached map) does not in any way affect anyone's right to speak or express themselves on the sidewalks so long as he or she does not place structures on the sidewalk or otherwise violate the regulations against intentionally impeding pedestrian traffic. This Ordinance does not restrict or limit channels or forms of expression, and it only applies in a small area of the City's commercial district, Ordinance 3095 Temporary Regulations Concerning Sidewalk Obstructions Page 7 of 8 for a short time, and during limited hours. Anyone is free to, for example, speak, leaflet, gather petition signatures, or carry signs (so long as the activity does not create a safety hazard). Since the limitations in this ordinance only apply to sidewalks and crosswalks, there is nothing that prohibits first amendment activity (that does not create a safety hazard) in Pope Marine Park near or adjacent to sidewalks. Moreover, to limit impacts on first amendment activity in this area, the limitations in this Ordinance are limited to the hours of the day when crowds of visitors attending the events are the greatest. 35. These rules are designed and necessary to protect the public health, safety and welfare of the citizens of Port Townsend. NOW, THEREFORE,the City Council of the City of Port Townsend ordains as follows: Section 1. The following rules and regulations are hereby adopted See Exhibit A, attached and incorporated by reference. Section 2. New Section. There is hereby adopted and added a new section to Chapter 17.60 PTMC the following: PTMC 17 60 055 - Event and Temporary Use Permits— Chief of Police Authority In issuing any event permit or temporary use permits for use of the right of way or any public space, the Chief of Police (or designee), in consultation with the Director of Public Services and the Public Works Director, is authorized to establish conditions and restrictions for the event to ensure public safety, including conditions that restrict others' use of the area set aside for the event or use. For example: (1) The Chief could grant a permit holder the right to use portions of streets or sidewalks (subject to conditions to maintain public access and ensure safety). For example, a permit to a festival could allow the festival the authority to use certain sidewalks for event purposes (such as tables and booths) in the discretion of the permit holder, so long as minimum access standards set by the Chief were maintained for safety of the public. (2) The Chief could grant a permit for exclusive use of the sidewalk as part of an event. For example, a permit for an event at a building that also included outside activities could also include use of a defined area around the building (with conditions to ensure safety). Section 3. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional by a court of competent jurisdiction, Ordinance 3095 Temporary Regulations Concerning Sidewalk Obstructions Page 8 of 8 such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 4. Declaration of Emer eg ncy. The City Council hereby declares that an emergency exists necessitating that this Ordinance take effect immediately upon passage by a majority vote plus one of the whole membership of the Council. Without immediate interim regulations, public safety is at risk. Therefore, these regulations must be imposed as an emergency measure to protect the public health, safety and welfare. Section 5. Publication. This Ordinance shall be published by an approved summary consisting of the title. Section 6. Effective Date; Sunset. This Ordinance shall take effect and be in frill force and effect immediately upon passage, as long as it is approved by a majority plus one of the entire membership of the Council, as required by RCW 35A.12.130. This Ordinance terminates (sunsets) on the earlier of the following: adoption by the City Council of regulations that address the subject of this Ordinance, or December 31, 2013. Adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this ._t,-4_ day o August 2013. David ing, Mayor Attest: Approved as to Form: M f Pamela Kolacy, MMC, City Clerk' John P. Watts, City Attorney Ordinance 3083 Exhibit A Pagel of 3 EXHIBIT A—ORDINANCE 3083 Street and Sidewalk Rules Vicinity of Wooden Boat Festival and Craft Fair September 6-87-9, 20132 A. Rules of Conduct. During the hours of 9 AM to 9 PM on Friday and Saturday, September 6-77-8, 2013-2, and the hours of 9 AM to 6 PM on Sunday September 89, 2013-21 the following rules apply to sidewalks and crosswalks on these streets in Port Townsend, Washington. 1. Water Street (south side) from west end of Cotton Building to the east end of downtown 2. Water Street (north side) from east side of Lewis Building to the east end of downtown 3. Madison Street from Washington Street to Water Street 4. Washington Street from west side of Madison Street to Monroe Street 5. Monroe Street from water to north side of Jefferson Street 6. Jefferson Street (south side) from Monroe Street eastward to end of sidewalk The streets, sidewalks and crosswalks are shown on the attached map. 1. No person shall use the streets, sidewalks or crosswalks listed above and within the area shown on the attached map in a manner defined as follows: "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, 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. Unattended structures, things and objects may be picked up and removed without notice by the City. 2. No one shall attach, lean or place any table, display, sign, structure or object on or against any City property or other government agency's property, including sidewalks, or private property without the permission of the owner of the property. Any table, display, sign, structure or object so placed may be picked up and removed without notice by the City. Ordinance 3083 Exhibit A Page 2 of 3 3. These rules only apply to use as defined above, and do not apply to leafleting and signature gathering, busking, carrying stick-mounted signs, or similar activities (so long as these activities are done in a manner that does not substantially or unduly block the use of the sidewalk in violation of PTMC 9.02.200, or that poses a safety hazard, and so long as these activities do not involve a use of the sidewalk that is prohibited by this Ordinance). B. Administrative Regulations. 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 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. 2. Administrative regulations shall be 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. C. Variance. Any person may apply in writing to the Chief of Police for a variance from the requirements of this Ordinance. The person making the request shall 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 allowed by this Ordinance are not reasonable or sufficient to enable the person to communicate the person's message. The Chief may attach conditions to any variance that are consistent with the purposes of this Ordinance. The Chief(or designee) shall provide a response to the request for variance as soon as possible, and no later than one calendar day following the request. D. Interpretation. 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. The Chief(or designee) shall provide a response to the request for interpretation as soon as possible, and no later than one calendar day. E. Enforcement; Violations. Ordinance 3083 Exhibit A Page 3 of 3 1. All persons must comply with written or oral instructions issued by the Chief of Police or a Police Officer to enforce the Ordinance or Rules. 2. Before enforcing the Ordinance or Rules, police officers shall give a verbal warning informing the violator of this-the Ordinance and Rules, including any administrative regulations adopted by the Chief of Police, 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 the terms of any variance, 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 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 or obstructions may be picked up and removed without notice by the City. Attended structures 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.