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HomeMy WebLinkAbout6847 ORDINANCE NO. 6847 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO RESTRICTIONS AND LIMITATIONS OF PUBLIC RIGHT-OF-WAY USE AND REVISING CHAPTER 10.28 OF THE AUBURN CITY CODE (ACC) 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, the roadways of M Street NW, from approximately the 1600 block of M Street NW to 29th Street NW, and 29th Street NW from M Street NW to the Mill Creek Crossing ("Subject Roadways") are within the public rights-of-way; and WHEREAS, the Subject Roadways provide access to properties and utilities that do not currently require, or benefit from, general public access; and WHEREAS, the Subject Roadway crossing at Mill Creek is closed and as such, provides no connectivity to the City street network or public access benefit; and WHEREAS, the Subject Roadways have been used to illegally dump inoperable vehicles, trash, and other waste material in, and adjacent to, the public rights-of-way; and WHEREAS, the illegal dumping has presented an on-going potential threat to the sensitive environmental areas along the Subject Roadways; and WHEREAS, clean-up of the dumped waste material on, and along, the Subject Roadways is of significant financial cost to the City and adjacent property owners; and WHEREAS, very low traffic volumes and the isolated nature of the Subject Roadways has made it very difficult for the City and adjacent property owners to dissuade or prevent the illegal dumping; and Ordinance No. 6847 DATE Page 1 of 3 Rev.2018 WHEREAS, it is in the public interest to close the Subject Roadways to all vehicular and non-vehicular traffic except for the purpose of accessing utilities and properties by their owners and authorized guests in order to address the issue of illegal dumping. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. Chapter 10.28 of the Auburn City Code is amended to read as shown in Exhibit A. Section 2. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application of it to any person or circumstance, will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. // // // Ordinance No. 6847 January 18, 2022 Page 2 of 3 Rev.2018 Section 4. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: JAN 1 8 2022 PASSED: JAN 1 8 2022 APPROVED: JAN 1 8 2022 NANCY B US, MAYOR ATTEST: APPROVED AS TO FORM: 7\�s�.� ���(� . Y v\ z COe(/C Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney Published:J oW\ U'(V\ �� ZOtiti m 1NR, &a-ft"Vv&5 Ordinance No. 6847 January 18, 2022 Page 3 of 3 Rev.2018 Ordinance 6847—Exhibit A Chapter 10.28 STREET USE RESTRICTIONS 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 ACC 12.02.060(M),and shall be closed to all vehicular traffic of any type or kind other than wheelchairs 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. B. Reserved."M"Street Northwest, northerly of the driveway serving 1802"M"Street Northwest and extending north to 2900 Street Northwest and 29th Street Northwest, from M Street Northwest extending east approximately 760 feet to the Mill Creek crossing,shall be closed to all vehicular and non-motorized traffic of any kind except for thepurpose of accessing utilities and properties by their owners and authorized guests.The City of Auburn and emergency service providers and emergency vehicles are permitted to access the rights-of- way at any time. C. Reserved.(Ord.5902§2,2005.) 10.28.020 Notice of restriction and signing. The city engineer shall erect,or cause to be erected and maintained,signs, gates,and/or barricades designating the limitations and restrictions set forth in ACC 10.28.010.(Ord.5902§2,2005.) 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 within the city's jurisdiction as a result of disregarding such closure or use restriction. (Ord.5902§2,2005.) Ordinance 6847 - M St NW/29th St NW Restrictions a S-29TH ST } 1 ' i i �• r'r f.' p. I ' t I y of 1y `' °_ �, Existing Closure E '{ \ \ Barricades 1 4 .. , iI '� -.._29th St NW , xM} 1111 r f Proposeld Access f !I li ; Restrictions ,. _ � f f ' r j.:,,, ►-7lco(0Z � Emerald Downs.! ; , co z r — , , -12 N.II S•T N,Yst---. iS j 1 , r; k 4 +. .I _--... 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