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Home My WebLink About02-22-2005 ITEM VIII-A-3CITY OF P`* ^,,+ �1V AGENDA BILL APPROVAL FORM P tb noftWASHINGTON Agenda Subject: Ordinance No. 5902 Date: February 16, 2005 Department: Attachments: Budget Impact: Public Works Ordinance No. 5902 $ 0 Administrative Recommendation: City Council introduce and adopt Ordinance No. 5902. Background Summary: Ordinance No. 5902 amends Auburn City Code by adding a new Chapter 10.28, "Street Use Restrictions' for the purpose of restricting the use of right-of-way. With this amendment, Auburn City Code will include restricting "B" Street Southeast, northerly of the first alley south of East Main Street and extending north to East Main Street, to being closed to vehicular traffic. This change will restrict access to B Street SE at this location to pedestrians, wheelchairs and emergency vehicles responding to an emergency. W0222-9 04.9.1 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board ®Public Works ® Legal ❑ Police ❑ Planning Comm. ❑ Other ® Public Works ❑ Human Resources Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes [-]No Call for Public Hearing Referred to Until I_I_ Tabled Until_ Councilmember: Wagner Staff: Dowd Meeting Date: February 22, 2005 1 Item Number: VIII.A.3 AUBURN* MORE THAN YOU IMAGINED 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)l, 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. 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. ---------------------- Ordinance No. 5902 February 16, 2005 Page 1 of 4 B "R" Street Southeast, west side northerly of the first aIle south of Cast Main Street and extending north 40 feet n viler! he weyer this oemmeFGial IGa g zone shall be n—n—A nnl from 1-00 o until 40;00 n nReserved. 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 Imposition of right-of-way limitations. 10.28.020 Notice of restrictions and signing. 10.28.030 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 ---------------------- Ordinance No. 5902 February 16, 2005 Page 2 of 4 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 any one or more section, subsection, clause, phrase, or sentence, be declared invalid or unconstitutional. ---------------------- Ordinance No. 5902 February 16, 2005 Page 3of4 Section Five EFFECTIVE DATE. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication, as provided by law. INTRODUCED: PASSED: UT00-5971wel PETER B. LEWIS MAYOR Attest: Danielle E. Daskam, City Clerk Appr As To Form: Daniel B. H __ City Attorney PUBLISHED: ---------------------- Ordinance No. 5902 February 16, 2005 Page 4 of 4