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Home My WebLink About6909 (2) ORDINANCE NO. 6909 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 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, an area along the east side of Auburn Way North, south of 30th Street NE ("Subject ROW") is within the public rights-of-way; and WHEREAS, lying within the Subject ROW are utilities and traffic signal systems that do not currently require, or benefit from, general public access; and WHEREAS, illegal trash dumping, public drug use, and encampment activities have continuously occurred within the Subject ROW; and WHEREAS, the isolated nature of the Subject ROW has made it difficult for the City and adjacent property owners to dissuade or prevent the illegal trash dumping, public drug use, and encampment activities; and WHEREAS, these unlawful activities inhibit necessary access to the Subject Area to maintain, operate, and repair utility and traffic signal systems; and WHEREAS, it is in the public interest to close the Subject ROW to all vehicular and non-vehicular traffic except for the purpose of accessing utilities, traffic signal systems, and City maintenance of the Subject ROW in order to address the issues of illegal trash dumping, public drug use, and encampment activities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Ordinance No. 6909 May 1, 2023 Page 1 of 2 Rev.2018 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. 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: JUN 0 5 2023 PASSED: JUN 0 5 2323 APPROVED: JUN 0 5 2323 Xbits. -ams NANCY BA ► S, MAYOR ATTEST: APPROVED AS TO FORM: awn Campbell, MMC, City Clerk Kendra Comeau, City Attorney Published: 'eG144-If TinettS UPI O/202 3 Ordinance No. 6909 May 1, 2023 Page 2 of 2 Rev.2018 Ordinance 6909—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. "M"Street Northwest,northerly of the driveway serving 1802"M"Street Northwest and extending north to 29th 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 the purpose 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.The public rights-of-way areas east of the sidewalk along the east side of Auburn Way North and south of the sidewalk along the south side of 30th Street NW and adjacent to King County parcel nos. 0004600037 and 0001000020 shall be closed to all vehicular and non-motorized traffic of any kind except for the purpose of accessing utilities and traffic signal systems by their owners.The City of Auburn and emergency service providers and emergency vehicles are permitted to access the rights-of-way at any time. (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 Ordinance 6909—Exhibit A 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.) Printed 5/9/2023 Ordinance 6909 - Vicinity Map Map ceoatedbyCity ofAuburn eGlS ' Z +:7-/1,04) , 7f'gyp., s ` Y *.t4 ., .--' ( i r !VC M�`f ' . .- U ,...'t " rte. L r �ASl^ p•°% . . ii, ',,,, ' \,c-'-:) '','" -, ,:,',:,-o ;41, . ‘, .',1 rrk ,„ ,....,,, .,..-,J--i:Th ,..... !•,41"4-. ' yA; 4 � wia 3 i€ :-. M N County,- r� �� 9] 1-= -=,' Parcel No. _µ --,...... .-,,"-',-------','-:1''',:f9,------1 [I41, :eLL -%13,004600037 ' \ -,--- " ,,t9€S c \a,, : .ma, • ,. ;Parcel No , ',t �x �00010o0 o '0'1 ' ''.'1‘ ,,i, / ',' ; ' -•,;',V; .41A. .;,:":',' ' .41.''.,;„k!,'''.-,71„,-„;'A";;;,"!,-",- ' - •..c.:. -.."., k - F ,:'-a„ ..r...'''';:;" ;:-„a;I-::-'a,'- al: .' ' ..te;."- ..t`,.- ' Area of Proposed ) & \ 4 ?,Restricted Access \, s, �gl_ k , .L???��^t¢¢¢ � Wd . ,e !ata3.A ''''4, i - •:,,y,, ice&.•-r`', ' , �� fi L, S rot ;+a`y.� ;r �e ter, ,, i't!p �y ., ' :',.,„:,• '--1 a. , .�S vl„„ '; Information shown is for general reference 0 100 200 1: 1128 A purposes only and does not necessarily ft represent exact geographic or cartographic data as mapped.The City of Auburn makes no WGS84 Web Mercator(Auxiliary Sphere) warranty as to its accuracy.