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ORDINANCE NO.5 9 0 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING SECTION
10.36.490 OF THE AUBURN CITY CODE AND CREATING
A NEW CHAPTER 10.28 OF THE AUBURN CITY CODE
RELATING TO RESTRICTIONS AND LIMITATIONS OF
PUBLIC RIGHT-OF-WAY USE
WHEREAS, the City has authority over its public rights-of-way, and as
such has the authority to restrict and limit their use; and
WHEREAS, it is appropriate that the City Code specify any right-of-way
use restrictions and provide for appropriate signage; and
WHEREAS, in order to address a current need, it is appropriate that "B"
Street Southeast, northerly of the first alley south of East Main Street and
extending north to East Main Street, be a pedestrian facility, as defined in
Section 12.02.060(M) \ and be closed to all vehicular traffic of any type or kind
other than wheel chairs or similar devices used by disabled persons or persons
needing the use of such devices, and except for emergency vehicles when
responding to an emergency.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section One
AMENDMENT TO CITY CODE.
That Section
10.36.490 of the Auburn City Code is amended to read as follows:
10.36.490 Commercial loading zones designated.
The following are commercial loading zones:
A. 2nd Street Southeast, south side, from a point 68 feet east of the east
marginal line of South Division Street, a distance of 45 feet east.
1
12.02.060. . .
M. "Pedestrian facilities" means those public transportation facilities which lie
within a public right-of-way or public easement which are intended to be utilized
exclusively by pedestrians. Sidewalks and trails where bicycles are restricted are
examples.
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Ordinance No. 5902
February 16, 2005
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B. "B" Street Southeae:t, wee:t e:ide, northerly of the fire:t alley south of Eae:t
Main Street and extending north 10 foet; provided, hO'Ne':er, thie: commercial
loading zone e:hall be enforced only from 8:00 a.m. until 12:00 noon Reserved.
C. "B" Street Southwest, east side, immediately south of West Main
Street, beginning at a point 20 feet south of the south marginal line of West Main
Street, thence southerly a distance of 40 feet.
D. Reserved.
E. North Division Street, east side, beginning approximately 25 feet north
of the north curbline of East Main Street and continuing north 40 feet; provided,
however, this commercial loading zone designation shall be in force only from
12:00 noon to 4:00 p.m.
F. "E" Street Northeast beginning at a point 40 feet north of the north
curbline of East Main Street extending north 20 feet.
G. Auburn Way South, east side, from a point 80 feet south of the south
curbline of East Main Street, a southerly distance of 20 feet.
H. Auburn Way North, east side, beginning 83 feet north of the northerly
curbline of East Main Street northerly for 20 feet, to a point eight feet south of
entrance to alley.
I. The city engineer shall have the authority to establish commercial
loading zones for a period not to exceed 90 days. (Ord. 5212 § 1 (Exh. F), 1999;
Ord. 4821 § 2,1996; Ord. 4616 § 2,1993; Ord. 3865 § 1,1983; Ord. 3190 § 1,
1977; Ord. 3149 § 2,1976; Ord. 2851 § 2,1974; Ord. 2850 § 2,1974; 1957 code
§ 9.22.260(a).)
Section Two
NEW CHAPTER TO CITY CODE. That a new
Chapter 10.28 to the Auburn City Code is created to read as follows:
Chapter 10.28
STREET USE RESTRICTIONS
Section:
10.28.010
10.28.020
10.28.030
Imposition of right-of-way limitations.
Notice of restrictions and signing.
Violations-Penalty.
10.28.010 Imposition of right-of-way limitations.
The following public highways, roads, streets, sidewalks, alleys and rights-
of-way within the City are restricted as indicated:
A. "B" Street Southeast, northerly of the first alley south of East Main
Street and extending north to East Main Street, shall be a pedestrian facility, as
defined in Section 12.02.060(M), and shall be closed to all vehicular traffic of any
type or kind other than wheel chairs or similar devices used by disabled persons
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Ordinance No. 5902
February 16, 2005
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or persons needing the use of such devices, and except for emergency vehicles
when responding to an emergency.
B. Reserved.
C. Reserved.
10.28.020 Notice of Restriction and Signing.
The City Engineer shall erect, or cause to be erected and maintained,
signs designating the limitations and restrictions set forth in Section 10.28.010 of
this Chapter.
10.28.030 Violation - Penalty.
When any public highway, road, street, sidewalk, alley or right-of-way
within the City's jurisdiction is either closed or restricted as to use, as provided in
this Chapter, any person, firm or corporation disregarding such closure or
restriction of use shall be guilty of a misdemeanor, and shall in addition to any
criminal penalty for violation of provisions of this chapter, be liable in any civil
action instituted in the name of the City of Auburn for any damages occurring to
any public highway, road, street or thoroughfare with the City's jurisdiction as a
result of disregarding such closure or use restriction.
(Prior Chapter repealed by Ord. 5319)
Section Three IMPLEMENTATION. The Mayor is hereby authorized
to implement such administrative procedures as may be necessary to carry out
the directives of this legislation.
Section Four
CONSTITUTIONALITY OR INVALIDITY.
If any
section, subsection, clause, phrase, or sentence of this Ordinance, is for any
reason held to be invalid or unconstitutional, such invalidity or unconstitutionality
of the remaining portions of this ordinance, as it is being hereby expressly
declared that this ordinance and each section, subsection, clause, phrase, or
sentence, hereof would have been prepared, proposed, adopted, and approved
and ratified irrespective of the fact that anyone or more section, subsection,
clause, phrase, or sentence, be declared invalid or unconstitutional.
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Ordinance No. 5902
February 16, 2005
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Section Five
EFFECTIVE DATE. This ordinance shall take effect
and be in force five (5) days
publication, as provided by law,
from and after its passage, approval, and
INTRODUCED: FEB 2 :¿ 2U05
FEB 2 ? 2[!r¡·
PASSED: ' '..J
APPROVED: FEB 2 2 2005
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PETER B, LEWIS
MAYOR
Attest:
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. ) ("',,' , j
lLtû1';)/ ¿ ~I!a
Danielle E. Daskam,
City Clerk
'd,
City Attorney
PUBLISHED: d-/..z- 7/0::2-
,
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Ordinance No. 5902
February 16, 2005
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