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HomeMy WebLinkAbout5873 ORDINANCE NO.5 8 7 3 AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 9.90.010 AND 9.90.030 OF THE AUBURN CITY CODE, RELATING TO STREET USE RESTRICTIONS WHEREAS, the current provisions of Chapter 9.90 of the Auburn City Code (ACC) provide for penalties and consequences relating to violations of Street Use Restrictions; and WHEREAS, the provisions of Chapter 9.90 ACC also identify limitations and restrictions in use of certain rights-of-way in the City; and WHEREAS, This Chapter addresses a methodology that would allow limited flexibility in the limitations and restrictions; and WHEREAS, it would be beneficial to the City and in the best interests of the users of the City's streets and rights-of-way to provide for a mechanism that would accommodate special needs pursuant to special use agreements. NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOllOWS: Section 1. AMENDMENT TO CITY CODE: That Section 9.90.010 of the Auburn City Code is amended to read as follows: 9.90.010 Imposition authorization - Limitations. A. Other than where the City and a person, company, corporation, enterprise or entity usinq the public hiqhways, roads, streets and thoroughfares of the City, enter into an aqreement pursuant to a riqht-of-way permit under Chapter 12.60 of the City Code or other equivalent procedure, or to address a specific use or a proqram or plan of use of said riqhts-of-way. includinq addressinq public safety, environmental. traffic, noise, unusual wear and tear; or other impacts to the riqhts-of-way, +Ae-the city engineer, with respect to public highways, roads, streets and thoroughfares within the city's jurisdiction, may -------------------------------------- Ordinance No. 5873 September 29, 2004 Page 1 prohibit the operation thereon of trucks or any other vehicles, except the operation of school buses, public transit and emergency vehicles, or may impose limits as to weights, may determine haul routes for local trips, or any other restrictions as may be deemed necessary including whenever the city engineer determines that any public highway, road, street or thoroughfare would be seriously damaged or destroyed by reason of rain, snow, severe winter freeze, other climatic conditions or any other conditions including deficient structural integrity if unrestricted use is continued. In the event that the person, company, corporation. enterprise or entity usinq the public hiqhways, roads, streets and thorouqhfares of the City secures a riqht-of-way permit. as mentioned above, the person, company, corporation, enterprise or entity shall comply with the conditions and requirements of such permit. Provided, however, that said person, company, corporation, enterprise or entity shall be required to obtain a riqht-of-way permit when in the opinion of the City Enqineer the project. proqram, or activity for which the person, company, corporation, enterprise or entity is usinq said riqhts-of-way involves a project in the City of Auburn that will create unusual wear and tear on the riqhts-of-way, or siqnificant impacts to public safety, the environment. traffic, and noise; and for all projects that require mitiqation of haulinq and related im pacts within the City. Said permit may include conditions on mitiqation within the City's riqhts-of-way as a result of the impacts of the project. proqram, or activity, which shall include, but not be limited to, any mitiqation set out in the contract or bid documents, or other review documents, or as may be otherwise required for said project, proqram, or activity. B. The city engineer shall not, however, prohibit the use of any city street designated by the State Highway Commission as forming the part of the route of any primary state highway through the city, by vehicles or any class of vehicles, or impose any restrictions or reductions in permissible weights unless the restriction, limitation, prohibition or reduction in permissible weight is first approved in writing by the State Highway Commission. (Ord. 5682 § 1, 2002; Ord. 5319 § 2,1999. Formerly 9.12.010.) Section 2. AMENDMENT TO CITY CODE: That Section 9.90.030 of the Auburn City Code is amended to read as follows: 9.90.030 Violations - Penalty. When any public highway, road, street or thoroughfare within the city's jurisdiction is either closed or restricted as to use, any person, firm or corporation disregarding such closure or restriction of use shall be guilty of a misdemeanor, and it shall also be a misdemeanor for any person, firm or corporation to violate the requirements of this Chapter; and shall, in addition to any criminal penalty for violation of provisions of this chapter, such person. firm or corporation shall be liable in any civil action instituted in the name of the city of Auburn for any -------------------------------------- Ordinance No. 5873 September 29, 2004 Page 2 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. 5682 § 1, 2002; Ord. 5319 § 2,1999. Formerly 9.12.030.) Section 3. IMPLEMENTATION: The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. 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. Section 5. 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: APPROVED: ~,(? PETER B. LEWIS MAYOR OCT - 4 2004 OCT - 4 2004 OCT - 4 2004 .~ .~ ATTEST: ~~ City Clerk -------------------------------------- Ordinance No. 5873 September 29,2004 Page 3 PUBLISHED: / ~ /0 8 / olf -------------------------------------- Ordinance No. 5873 September 29,2004 Page 4