Title 19
STREETS AND SIDEWALKS*

Chapters:

19.04 Obstructing Streets or Sidewalks

19.08 Arterial Streets

19.12 Street and Curb Cutting

19.16 Vacation of Streets and Access Easements

19.20 Sidewalks, Curbs and Gutters—Construction and Maintenance

19.24 Special Events

19.28 Contract for Street Improvement

19.32 Banners

19.36 Street Trees and Trees on City Property

* For the statutory provisions regarding the control of code cities over their streets, see RCW 35A.47.

Chapter 19.04
OBSTRUCTING STREETS OR SIDEWALKS

Sections:

19.04.010 Obstructions in right-of-way.

19.04.020 Obstruction of fairway.

19.04.050 Private use of street right-of-way or fairway without permit prohibited.

19.04.060 Street use permit—Sidewalk cafes and produce markets—Policy.

19.04.061 Street use permit—Required.

19.04.062 Application for street use permit—Sidewalk cafes.

19.04.063 Application for street use permit—Produce markets.

19.04.064 Performance bond, insurance, other requirements.

19.04.065 Conditions of street use permit—Sidewalk cafes.

19.04.066 Conditions of street use permit—Produce markets.

19.04.067 Fee for street use permits.

19.04.068 Violation of Sections 19.04.060 through 19.04.067—Criminal penalties.

19.04.080 Off-premises motorist service directional signs.

19.04.081 Street use permit required.

19.04.082 Services qualifying for off-premises directional signs.

19.04.083 Installation and maintenance of off-premises directional signs.

19.04.084 Placement and orientation of off-premises directional signs.

19.04.085 Sign framework—Number of signs.

19.04.086 Sign face.

19.04.087 City may terminate the program.

19.04.100 Permit for private use of waterfront street end.

19.04.010 Obstructions in right-of-way.

It is a simple crime for any person to drop, deposit, leave or permit to be deposited upon a street or sidewalk or within other portions of the public right-of-way any object, structure, construction material, equipment or other natural or artificial thing which obstructs or tends to obstruct vehicles or persons traveling thereon; except as provided in Section 19.04.050 or otherwise authorized by city ordinance or specific permission of the city.

Such a deposit is a public nuisance. As an alternative to, or in addition to, issuance of a citation for violation of this section, the city may take such action as may be necessary to abate the nuisance. Whenever the nuisance poses a present danger, the city has the authority to cause its immediate removal.

Any person violating this section shall be liable to the city for the costs of the removal of the nuisance. (Ord. 3761 § 1 (part), 2000: Ord. 3006 § 1, 1987)

19.04.020 Obstruction of fairway.

Subject to Sections 14.16.020(b) and 14.16.030, it shall be unlawful to anchor, affix or moor any vessel, as defined in Section 14.08.170, to any pier, as defined in Section 14.08.130, within a fairway, as defined in Section 14.16.020(b), or to any pier that is connected to such fairway. (Ord. 3840 § 6, 2002)

19.04.050 Private use of street right-of-way or fairway without permit prohibited.

It is unlawful for any person to either temporarily or permanently use or utilize any portion of a street right-of-way (whether or not improved and including sidewalk or walkway) or fairway, as defined in Section 14.16.020(b), for personal use, place of business or other private use, without first obtaining from the city a street use permit; provided, however, that this section shall not be construed to prohibit the incorporation of the unused right-of-way portion of an improved street into the landscaping design of the abutting private property. (Ord. 3840 § 7, 2002: Ord. 3761 § 1 (part), 2000: Ord. 2725 § 1, 1983)

19.04.060 Street use permit—Sidewalk cafes and produce markets—Policy.

It is the policy of the city of Kirkland that sidewalks are primarily to provide safe and convenient pedestrian use by the general public. Limited secondary uses may be considered for cafe tables, and retail sales of produce (including fruits, vegetables, flowers, live plants, and similar agricultural goods) only to the extent that such uses promote and display Kirkland business districts as pedestrian and people-oriented areas. (Ord. 3761 § 1 (part), 2000: Ord. 3027 § 1 (part), 1987)

19.04.061 Street use permit—Required.

A street use permit, allowing a portion of a public right-of-way to be used as a sidewalk cafe or produce market, or allowing a fairway, as defined in Section 14.16.020(b) to be used as a pier, as defined in Section 14.08.130, is required for any such private use of a public right-of-way or fairway. Such street use permit shall be valid from January 1st through December 31st of the year in which the permit may be issued. The director of public works has authority to issue the permit for the use of a public right-of-way as a sidewalk cafe or produce market, provided the criteria set forth in Sections 19.04.060 through 19.04.068, inclusive, are met, and to otherwise deny the permit. The city council has authority to issue the permit for the use of a fairway as a pier. (Ord. 3840 § 8, 2002: Ord. 3761 § 1 (part), 2000: Ord. 3061 § 1, 1987: Ord. 3027 § 1 (part), 1987)

19.04.062 Application for street use permit—Sidewalk cafes.

The owner of a cafe or other food service establishment providing on-premises consumption of food or beverage, may apply for a street use permit to use a portion of the public sidewalk abutting such establishment, provided the application includes and provides for the following standards:

(a) A minimum six-foot-wide, unobstructed general public pedestrian corridor;

(b) The table area of the permit to be fenced off from the pedestrian corridor by rope stanchions, portable planters, or similar device approved by the city;

(c) A single opening through the fencing for customer entry;

(d) Applicant to provide one or more approved trash receptacles and one or more ash trays;

(e) The design and character of all street furniture to be subject to approval by the city;

(f) The table area limited to the portion of the sidewalk immediately adjacent to the occupied business frontage;

(g) Table area to be of sufficient size and configuration to provide internal customer and food service circulation. (Ord. 3761 § 1 (part), 2000: Ord. 3027 § 1 (part), 1987)

19.04.063 Application for street use permit—Produce markets.

The owner of a retail produce market establishment within the central business district may apply for a street use permit to use a portion of the public right-of-way abutting such establishment, provided the application includes and provides for the following standards:

(a) A minimum six-foot-wide, unobstructed general public pedestrian corridor;

(b) No off-premises advertising signs or displays;

(c) The design and character of all street furniture shall be subject to approval by the city and in keeping with the design and character of the area. All improvements shall be easily moveable;

(d) Outdoor display and sales area limited to the portion of the right-of-way immediately adjacent to the occupied business frontage;

(e) If a public parking stall is proposed for use for outdoor display or sales, the following standards apply:

(1) Not more than one public parking stall within three hundred feet on the same side of the street may be used at any one time. If multiple applications are received within three hundred feet, the use of any public parking stalls shall rotate between the applicants every six months with the order following the date the applications are received.

(2) The applicant shall submit a written agreement for the use of the public parking stall from seventy-five percent of all ground floor retail tenants within one hundred feet on the same side of the street.

(3) The department of public works shall review and may deny the proposal for traffic and pedestrian safety concerns. (Ord. 3761 § 1 (part), 2000)

19.04.064 Performance bond, insurance, other requirements.

Prior to issuance of the street use permit, the applicant shall file with the city the following:

(a) An agreement, approved by the city, wherein the applicant agrees to defend, save, and hold harmless the city of Kirkland;

(b) The permittee shall obtain, at its sole expense, comprehensive liability insurance, with limits of not less than three hundred thousand dollars per occurrence, and shall provide the city with satisfactory proof of continued insurance coverage during the life of the permit. Such insurance shall include the city of Kirkland as an additional named insured;

(c) File with the city, on a form approved by the city attorney, a performance bond issued by a surety company licensed to do business in the state of Washington. Such bond shall be in the amount of one thousand dollars and conditioned upon the permittee faithful performance of all conditions and requirements of the permit. (Ord. 3761 § 1 (part), 2000: Ord. 3027 § 1 (part), 1987)

19.04.065 Conditions of street use permit–Sidewalk cafes.

A street use permit for a sidewalk cafe, when issued, shall be subject to the following conditions:

(a) No alcoholic beverage may be served or consumed within the permit area, except under the following conditions:

(i) The fencing required by Section 19.04.062(b) shall be a three-and-one-half-foot high barrier;

(ii) Alcoholic beverages may only be served in conjunction with the consumption of meals; alcoholic beverages shall not be carried or taken from the permit area;

(iii) All Liquor Control Board regulations, including regulations relating to “extended outside service areas” shall be adhered to;

(iv) A breach of any of the foregoing conditions shall be grounds for immediate suspension of the permit pursuant to subsection (j) of this section;

(b) The entire sidewalk, including both the permit area and the unobstructed pedestrian corridor, plus a distance of fifty feet either side thereof, shall be maintained in a clean and litter-free condition and shall be cleaned by the permittee not less often than once daily;

(c) No food preparation shall take place within the permit area;

(d) No food service or other activity shall be carried on by the permittee from or within the pedestrian corridor;

(e) No product displays shall be placed within the permit area;

(f) No off-premises advertising signs or displays;

(g) Trash receptacles and ash trays shall be cleaned and emptied as required, but not less often than once a day;

(h) No animals shall be allowed within the permit area, except guide dogs for the blind and deaf;

(i) Any violation of the foregoing conditions shall constitute grounds for immediate revocation of the permit;

(j) The city may, and reserves the right to, temporarily or permanently suspend a street use permit during the course of areawide special events or in the interest of the public health, safety and welfare. (Ord. 3761 § 1 (part), 2000: Ord. 3061 § 2, 1987; Ord. 3027 § 1 (part), 1987)

19.04.066 Conditions of street use permit—Produce markets.

A street use permit for a produce market, when issued, shall be subject to the following conditions:

(a) The entire area, including both the permit area and the unobstructed pedestrian corridor, plus a distance of fifty feet either side thereof, shall be maintained in a clean and litter-free condition and shall be cleaned by the permittee not less often than once daily;

(b) The area and improvements shall be maintained in a manner complementary to a quality pedestrian-oriented business district;

(c) The following conditions apply if a public parking stall is proposed for use for outdoor display or sales:

(1) All materials shall be removed from the public parking stall and the stall made available any time the use is closed for more than twenty-four consecutive hours;

(2) For the period between May 1st and October 1st, no public parking stalls may be used unless the applicant provides a clearly marked replacement public parking stall within a private parking lot. The replacement stall shall be visible from the right-of-way and within three hundred feet of the public parking stall used by the applicant;

(d) Any violation of the foregoing conditions shall constitute grounds for immediate revocation of the permit;

(e) The city may, and reserves the right to, temporarily or permanently suspend a street use permit during the course of areawide special events or in the interest of the public health, safety and welfare. (Ord. 3761 § 1 (part), 2000)

19.04.067 Fee for street use permits.

At the time of filing the application for a street use permit, the applicant shall pay to the city a street use permit fee, calculated at the rate of forty-five cents per square foot of permit area, plus an administrative fee as established by Section 5.74.070. (Ord. 3761 § 1 (part), 2000: Ord. 3027 § 1 (part), 1987)

19.04.068 Violation of Sections 19.04.060 through 19.04.067—Criminal penalties.

Any violation of the provisions of Sections 19.04.060 through 19.04.067, which would also constitute a violation of Section 19.04.010, may be enforced by the police department, through the issuance of ordinance violation citations, or other enforcement remedies provided for in Section 19.04.010. (Ord. 3761 § 1 (part), 2000: Ord. 3027 § 1 (part), 1987)

19.04.080 Off-premises motorist service directional signs.

RCW Chapter 47.42 as amended by Chapter 114, Washington Laws of 1986, permits the placement of motorist service informational signs along Washington Interstate Highways, subject to certain conditions; one of which is permission from the local government to place necessary, supplemental directional signing on local streets. Sections 19.04.080 through 19.04.087 set forth the standards required for permission to place off-premises supplemental directional signs on local city of Kirkland streets. (Ord. 2981 § 1 (part), 1986)

19.04.081 Street use permit required.

A street use permit issued by the department of public works is required for any off premises supplemental directional sign erected in city of Kirkland rights-of-way. The street use permit shall be valid for not more than five years and be subject to application for renewal. The director of public works has authority to issue the permit, provided the proposed signing is consistent with the standards set forth in Sections 19.04.080 through 19.04.087, inclusive, and to otherwise deny the permit. The decision of the director shall be final unless appealed to the city hearing examiner. Such appeal shall be carried out pursuant to the provisions of Chapter 152, Ordinance 2740 (Process IIB). (Ord. 2981 § 1 (part), 1986)

19.04.082 Services qualifying for off-premises directional signs.

The businesses which may be displayed on off-premises supplemental directional signs under the provisions of this chapter shall be limited to the following:

(1) The business must be eligible for and have received authorization from the Washington Department of Transportation for inclusion within their motorist service business signs program authorized by RCW 47.42.046 and 47.42.047.

(2) The business premises must be within the corporate limits of the city of Kirkland or the owner of such premises must have filed with the city of Kirkland, pursuant to RCW 35A.14.120, a petition for annexation of such premises, which petition shall have been signed by the owners of not less than seventy-five percent of the assessed value of the area described in said petition for annexation.

(3) The business premises must be located within one quarter mile of Interstate Highway I-405. (Ord. 2981 § 1 (part), 1986)

19.04.083 Installation and maintenance of off-premises directional signs.

The requirements and standards for installation and maintenance of off-premises directional signs shall be as follows:

(1) All costs for fabrication and installation of the sign framework shall be borne by the first business or businesses to utilize the sign framework.

(2) Each business owner shall pay to the city a fee, which shall be in an amount calculated to pay for maintenance of the sign and framework for a five-year period, plus normal administrative costs.

(3) Each business owner shall sign a legal document which acknowledges city ownership of the signs and framework and authorizes the city to remove such sign or signs if the business ceases to operate for ten consecutive days, or if the business ceases to comply with the Washington State Department of Transportation guidelines for its motorist service business signs program or the local guidelines established in this chapter, or if the city decides to discontinue the off-premises directional sign program established by this chapter. (Ord. 2981 § 1 (part), 1986)

19.04.084 Placement and orientation of off-premises directional signs.

Placement and orientation of off-premises directional signs shall be as follows:

(1) Signs shall be placed within the right-of-way, unless an easement can be acquired.

(2) No signs shall be placed so as to obscure sight visibility at intersections.

(3) The signs shall be placed so as to minimize clutter relative to either public or private signs in the vicinity.

(4) The city will require the use of a sign framework as specified in this chapter for two or more signs at a given location. Single sign faces may be placed attached to utility poles if the city deems it appropriate.

(5) Signs and sign frameworks shall be installed only in places designated by the director of the department of public works. No more than one sign framework may be placed at any intersection approach unless the city determines that it would not create unreasonable clutter to do so. (Ord. 2981 § 1 (part), 1986)

19.04.085 Sign framework—Number of signs.

The standards for sign frameworks and the number of individual signs appearing on a framework shall be as follows:

(1) No more than six sign faces may appear on a single framework.

(2) Signs are to be affixed to a pedestal style framework similar in configuration to the framework shown on attachment “A” to the ordinance codified in this section and by this reference incorporated herein.

(3) The framework posts are to be four inches by four inches, wood with black finish, measuring nine feet above grade and spaced three feet six inches apart.

(4) The posts are to be placed in concrete footings. (Ord. 2981 § 1 (part), 1986)

19.04.086 Sign face.

The standards for the face of an off-premises directional sign shall be as follows:

(1) No sign face shall exceed nine inches by forty-two inches.

(2) The logo of each business shall not exceed seven inches by seven inches and shall appear at the left margin.

(3) The lettering shall be white in sans serif style with the upper case lettering not larger than three inches.

(4) The background of the sign shall be a blue that matches the State Motor Service Business Information panels. (Ord. 2981 § 1 (part), 1986)

19.04.087 City may terminate the program.

The city council may discontinue the off-premises directional sign program established by this chapter at any time. At such time as the program may be discontinued, all permits issued hereunder shall automatically terminate. (Ord. 2981 § 1 (part), 1986)

19.04.100 Permit for private use of waterfront street end.

(1) Purpose. The city’s overall policy with respect to waterfront street ends is that public use is the best use of such street ends. However, in cases where public use is not currently possible or feasible, the city may authorize private use of waterfront street ends by abutting owners through the issuance of permits under this section.

(2) Definitions.

(a) “Abutting property” means property abutting a waterfront street end.

(b) “Director” means the director of the department of public works, or his or her designee.

(c) “Waterfront street end” means the land portion of a right-of-way that provides, or could provide, the public with visual or physical access to a body of water and its shoreline.

(3) Permit Required. A waterfront street end permit is required for any private use of a waterfront street end in the city of Kirkland. No person shall make private use of a waterfront street end without obtaining a waterfront street end use permit. An abutting property owner is not required to obtain a waterfront street end permit if the abutting property owner removes any improvements or visual or physical barriers to entry that hinder, discourage or prevent access to the waterfront by the public.

(4) Application Requirements. The owner of abutting property shall apply for a waterfront street end use permit on a form to be provided by the department of public works. All applications shall contain all information reasonably requested by the city and a map or diagram depicting the existing conditions of the portion of the waterfront street end being used and any proposed changes to the waterfront street end.

(5) Permit Term. Permits issued under this section shall have a term of one calendar year beginning with the year 2005.

(6) Permit Fee. The permit fee for the year 2005 shall be six hundred twenty-five dollars. In subsequent years, the director may increase the yearly permit fee in an amount equal to or less than three percent of the yearly permit fee for the previous year.

(7) Permit Conditions. The director may attach reasonable conditions to a waterfront street end use permit.

(8) Termination of Permit. The city may terminate a waterfront street end permit on one hundred twenty days’ written notice to the abutting property owner. In the event of termination, the abutting owner shall remove any improvements he or she has in the right-of-way that are inconsistent with the public’s ability to use the right-of-way. The abutting owner shall be responsible for all costs associated with removal of his or her improvements.

(9) Maintenance. The abutting owner shall be responsible for maintaining the portion of the waterfront street end abutting his or her property and any improvements located on the waterfront street end. (Ord. 3958 § 1, 2004)

Chapter 19.08
ARTERIAL STREETS

Sections:

19.08.015 Primary arterial streets.

19.08.025 Secondary arterial streets.

19.08.035 Collector arterial streets.

19.08.045 Neighborhood collector streets.

19.08.051 Six-year street and transportation improvement program including urban arterial improvement program.

19.08.055 Bicycle and pedestrian ways along transportation facilities.

19.08.060 Street lighting and traffic control.

19.08.070 Residential streets.

19.08.015 Primary arterial streets.

The following streets of the city are designated primary arterial streets:

	Street	From	To
(1)	Central Way/NE 85th Street	Market St.	132nd Ave. NE
(2)	Lake Street/Lake Washington Blvd.	Central Way	South city limits
(3)	Market St./98th Ave. NE/100th Ave. NE	Central Way	NE 132nd St.
(4)	NE 124th St.	100th Ave. N.E	East city limits
(5)	124th Ave. NE	NE 85th St.	NE 124th St.

(Ord. 3082 § 1, 1988)

19.08.025 Secondary arterial streets.

The following streets of the city are designated secondary arterial streets:

	Street	From	To
(1)	NE 131st Way/NE 132nd St.	West city limits (92nd Ave. NE)	132nd Ave. NE
(2)	Totem Lake Blvd.	NE 132nd St.	124th Ave. NE
(3)	NE Juanita Dr.	West city limits (92nd Ave. NE)	98th Ave. NE
(4)	NE 116th St.	98th Ave. NE	24th Ave. NE
(5)	NE 120th St./ 132nd Ave. NE	Slater Ave. NE	NE 60th St.
(6)	6th St. So./108th Ave. NE	Central Way	South city limit
(7)	NE 70th St./NE 68th St./Lakeview Drive	132nd Ave. NE	Lake Washington Blvd.

(Ord. 3082 § 2, 1988)

19.08.035 Collector arterial streets.

The following streets of the city are designated collector arterial streets:

	Street	From	To
(1)	NE 124th St.	94th Ave. NE	100th Ave. NE
(2)	116th Way NE/ 120th Ave. NE	NE 132nd St.	NE 112th St.
(3)	120th Ave. NE	NE 132nd St.	Totem Lake Blvd.
(4)	132nd Ave. NE/Slater Ave. NE	NE 132nd St.	NE 116th St.
(5)	NE 112th St.	100th Ave. NE	120th Ave. NE
(6)	NE 106th St./NE 106th Pl./NE 108th St./116th Ave. NE	Market St.	NE 112th St.
(7)	18th Ave.	Market St.	3rd St.
(8)	3rd St.	18th Ave.	Kirkland Ave.
(9)	15th Ave./6th St.	5th Pl.	Central Way
(10)	116th Ave. NE	NE 100th St.	NE 87th St.
(11)	7th Ave./NE 87th St.	Market St.	116th Ave. NE
(12)	114th Ave. NE	NE 87th St.	Central Way
(13)	Kirkland Ave.	Lake St.	Kirkland Way
(14)	Kirkland Way	Kirkland Ave.	Central Way
(15)	124th Ave. NE	NE 85th St.	NE 80th St.
(16)	NE 80th St.	116th Ave. NE	132nd Ave. NE
(17)	116th Ave. NE	NE 80th St.	South city limits
(18)	122nd Ave. NE	NE 80th St.	NE 60th St.
(19)	NE 60th St.	132nd Ave. NE	I-405
(20)	State St. So.	Kirkland Ave.	NE 68th St.
(21)	2nd Ave. So.	Lake St.	State St. So.
(22)	NE 52nd St.	Lake Washington Blvd.	108th Ave. NE
(23)	NE 38th Place	Lake Washington Blvd.	108th Ave. NE

(Ord. 3082 § 3, 1988)

19.08.045 Neighborhood collector streets.

The following streets of the city are designated neighborhood collector streets:

	Street	From	To
(1)	94th Ave. NE	NE 131st Way	NE 124th St.
(2)	NE 128th St.	94th Ave. NE	100th Ave. NE
(3)	98th Ave. NE	NE 128th St.	NE 124th St.
(4)	NE 124th St.	94th Ave. NE	93rd Ave. NE
(5)	93rd Ave. NE	NE 124th St.	NE Juanita Dr.
(6)	111th Ave. NE	NE 132nd St.	NE 128th St.
(7)	NE 128th St.	109th Ave. NE	116th Way NE
(8)	NE 128th St.	Totem Lake Blvd.	124th Lane NE
(9)	100th Ave. NE	NE 122nd St.	NE 116th St.
(10)	104th Ave. NE	NE 124th St.	NE 116th St.
(11)	99th Pl. NE	NE 116th St.	NE 112th St.
(12)	108th Ave. NE	NE 116th St.	NE 112th St.
(13)	NE 116th St./127th Ave. NE/NE 113th Pl./NE 113th St.	124th Ave. NE	132nd Ave. NE
(14)	Slater Ave. NE	124th Ave. NE	NE 97th St.
(15)	NE 113th Pl./126th Ave. NE	124th Ave. NE	NE 107th Pl.
(16)	128th Ave. NE	NE 107th Pl.	NE 104th St.
(17)	NE 104th St.	132nd Ave. NE	124th Ave. NE
(18)	NE 100th St.	Slater Ave. NE	132nd Ave. NE
(19)	NE 97th St.	Slater Ave. NE	124th Ave. NE
(20)	NE 95th St.	124th Ave. NE	132nd Ave. NE
(21)	NE 90th St.	120th Ave. NE	132nd Ave. NE
(22)	120th Ave. NE	NE 90th St.	NE 80th St.
(23)	122nd Ave. NE	NE 90th St.	NE 85th St.
(24)	128th Ave. NE	NE 95th St.	NE 80th St.
(25)	NE 75th St.	116th Ave. NE	122nd Ave. NE
(26)	124th Ave. NE	NE 80th St.	NE 70th St.
(27)	126th Ave. NE	NE 80th St.	NE 70th St.
(28)	NE 73rd St.	126th Ave. NE	132nd Ave. NE
(29)	130th Ave. NE	NE 80th St.	NE 73rd St.
(30)	128th Ave. NE	NE 70th St.	NE 65th St.
(31)	NE 100th St.	116th Ave. NE	111th Ave. NE
(32)	112th Ave. NE	100th St. NE	NE 87th St.
(33)	NE 97th St.	110th Ave. NE	112th Ave. NE
(34)	110th Ave. NE	NE 97th St.	12th Ave.
(35)	18th Ave.	3rd St.	5th Pl.
(36)	5th Pl.	18th Ave.	15th Ave.
(37)	15th Ave.	3rd St.	5th Pl.
(38)	12th Ave.	8th St.	6th St.
(39)	10th Ave.	6th St.	Market St.
(40)	1st St.	18th Ave.	Central Way
(41)	8th St.	10th Ave.	7th Ave.
(42)	18th Ave. W.	10th St. W.	Market St.
(43)	6th St. W.	Market St.	Waverly Way
(44)	Waverly Way	6th St. W.	Market St.
(45)	Kirkland Ave.	Kirkland Way	Slater Ave. So.
(46)	8th St. So.	9th Ave. So.	Kirkland Way
(47)	7th Ave. So.	Slate St. So.	Lake St. So.
(48)	9th Ave. So.	6th St. So.	10th St. So.
(49)	10th Ave. So.	Lake Washington Blvd.	State St. So.
(50)	103rd Ave. NE	NE 68th St.	NE 64th St.
(51)	NE 64th St.	103rd Ave. NE	Lake Washington Blvd.
(52)	106th Ave. NE	NE 68th St.	NE 55th St.
(53)	NE 60th St.	Lakeview Dr.	Lake Washington Blvd.
(54)	NE 60th St.	114th Ave. NE	106th Ave. NE
(55)	NE 55th St.	106th Ave. NE	108th Ave. NE
(56)	110th Ave. NE	NE 68th St.	NE 65th St.
(57)	112th Ave. NE	NE 68th St.	NE 65th St.
(58)	NE 65th St.	110th Ave. NE	112th Ave. NE
(59)	111th Ave. NE	NE 65th St.	NE 60th St.
(60)	NE 53rd St.	I-405	108th Ave. NE
(61)	120th Ave. NE	NE 112th St.	NE 108th St.
(62)	108th Ave. NE	120th Ave. NE	BNRR right-of-way
(63)	Unnamed right-of-way adjacent to BNRR right-of-way	111th Ave. NE	NE 108th St.

(Ord. 3082 § 4, 1988)

19.08.051 Six-year street and transportation improvement program including urban arterial improvement program.

Pursuant to RCW Chapter 35.77 and RCW Chapter 47.26 (relating to urban arterial improvements), the city shall maintain a perpetual six-year transportation and street construction and improvement program. Such program shall be in conformance to and in furtherance of the circulation element of the comprehensive land use policies plan adopted by Ordinance No. 2346. Any modification, revision or amendment shall be adopted only following public hearing as required by RCW Chapter 35.77 and RCW Chapter 47.26. The six-year transportation and street construction and improvement program may, consistent with this section, be adopted, modified, revised or amended by council resolution. A copy of the six-year transportation and street construction and improvement program and all amendments made thereto shall annually be filed with the director of the Department of Transportation for the state as required by law. (Ord. 2811 § 1, 1984: Ord. 2472 § 6, 1979)

19.08.055 Bicycle and pedestrian ways along transportation facilities.

(1) Bicycle and pedestrian ways shall be accommodated in the planning, development and construction of transportation facilities, including the incorporation of such ways into transportation plans and programs.

(2) Notwithstanding that provision of subsection (1) of this section, bicycle and pedestrian ways are not required to be established:

(a) Where their establishment would be contrary to public safety;

(b) When the cost would be excessively disproportionate to the need or probable use;

(c) Where there is no identified need;

(d) Where the establishment would violate comprehensive plan policies; or

(e) In instances where a documented exception is granted by the public works director. (Ord. 4061 § 1, 2006)

19.08.060 Street lighting and traffic control.

All arterial streets shall be provided with adequate street lighting for safer traffic control. Traffic control lights shall be installed at intersections as determined by traffic studies. (Ord. 2354 § 6, 1977: Ord. 2297 § 6, 1975: Ord. 2263 § 6, 1974: Ord. 2227 § 6, 1973: Ord 2186 § 6, 1972: Ord. 2142 § 6, 1971: Ord. 2096 § 6, 1970)

19.08.070 Residential streets.

All streets and other public rights-of-way not otherwise classified in Sections 19.08.01 through 19.08.040 of this chapter shall be deemed to be residential streets. (Ord. 2472 § 7, 1979)

Chapter 19.12
STREET AND CURB CUTTING

Sections:

19.12.010 Scope.

19.12.020 Permit required.

19.12.030 Permit—Application.

19.12.040 Permit—Preinspection.

19.12.060 Permit—Limitation.

19.12.070 Permit—Expiration.

19.12.080 Permit—Suspension or revocation.

19.12.090 Permit—Basic fee required.

19.12.095 Insurance required—Bond as alternative to restoration deposit.

19.12.100 Inspection time—Additional charge.

19.12.110 Permit renewals.

19.12.120 Double fee for work without permit.

19.12.130 Specifications.

19.12.140 Permittee’s performance responsibility.

19.12.150 Curb opening locations.

19.12.160 Special conditions.

19.12.170 Safety equipment.

19.12.180 Enforcement authority.

19.12.190 Violation unlawful.

19.12.010 Scope.

The purpose of this chapter is to establish minimum rules and regulations relating to the disruption of streets, sidewalks, curbs and other improvements within public rights-of-way and to provide for enforcement of same. (Ord. 2606 § 1 (part), 1981: Ord. 2127 § 1(A), 1970)

19.12.020 Permit required.

No person, firm, or corporation shall disrupt a street, sidewalk or curb or place a utility in a right-of-way without first obtaining a separate right-of-way permit for each disruption from the public service department. (Ord. 2606 § 1 (part), 1981: Ord. 2127 § 1(B), 1970)

19.12.030 Permit—Application.

To obtain a permit, the applicant shall file an application in writing on a form established by the city for that purpose.

Every application shall:

(1) Identity the contractor and/or subcontractor who is to actually perform the work;

(2) Include the Washington State Contractor’s number of such contractor or subcontractor;

(3) Identify the owner of the property for whom the work is being performed;

(4) Submit plans for the work to be performed which shall include:

(a) Identification and description of the work to be covered by the permit for which application is made,

(b) A description of the location where such work is to be performed;

(5) To be signed by the owner or the agent of the firm that will actually be performing the work;

(6) A private property owner, although he/she is not a contractor with a Washington state contractor’s license may obtain a permit and perform work to remove and to replace sidewalk adjacent to the owner’s property but not the curb or street surface. (Ord. 2606 § 1 (part), 1981: Ord. 2127 § 1(c), 1970)

19.12.040 Permit preinspection.

Prior to the issuance of any right-of-way permit for a street or curb disruption the location may be inspected by a public service department inspection official for the purpose of determining the most satisfactory location for the installation. (Ord. 2606 § 1 (part), 1981: Ord. 2127 § 2(B), 1970)

19.12.060 Permit—Limitation.

The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for, or approval of, any violation of the provisions of this chapter, or any other ordinance or appropriate rule or regulation of the city. (Ord. 2606 § 1 (part), 1981: Ord. 2127 § 2(C), 1970)

19.12.070 Permit—Expiration.

Every permit issued by the public service department under the provisions of this chapter shall expire ninety days after issuance of the permit; however, in no case shall a project take longer than fifteen days to complete after starting work in the right-of-way. (Ord. 2606 § 1 (part), 1981: Ord. 2127 § 2(D), 1970)

19.12.080 Permit—Suspension or revocation.

The director of public service, or his designate may in writing suspend or revoke a permit issued

under the provisions of this chapter whenever the permit was issued in error or on the basis of incorrect information supplied, or in violation of any other ordinance or regulation of the city. (Ord. 2606 § 1 (part), 1981: Ord. 2127 § 2(E), 1970)

19.12.090 Permit—Basic fee required.

(a) The basic fee for a permit to disrupt a street surface, curb or sidewalk or place a utility in the right-of-way shall be two hundred eighty-five dollars effective May 1, 2005, and three hundred fifty dollars effective March 1, 2006. For street cuts measuring less than seventy-five square feet of street cut area and requiring no utility inspection the fee shall be eighty dollars effective May 1, 2005, and one hundred dollars effective March 1, 2006.

(b) Also, a street security deposit shall be paid. The street security deposit shall be in an amount determined by the director of public works to be sufficient to pay for the cost to the city to restore the street surface, curb or sidewalk in event of failure. At least annually, the director shall prepare and maintain schedules for street security deposits, which reflect the current actual cost to the city as determined by the most recent Engineering News Record Construction Cost Index. Such schedules shall at all times be available to the general public.

(c) If the work is performed by jacking or boring under the street, the entire street security deposit shall be refunded.

(d) If the street surface is disturbed and properly repaired and restored, the portion of the street security deposit as is established for refund in the schedule provided in subsection (b) of this section shall be refunded after ninety days from the date of repair.

(e) Inspections shall be requested by the contractor at least two hours prior to backfill, in order to receive a refund.

(f) No refund of a street security deposit shall be made until sufficient time has elapsed following the completion of the disruption work to assure the fact of “nonfailure” of the restoration. (Ord. 3987 § 5, 2005: Ord. 3987 § 5, 2005: Ord. 3675 § 1 (part), 1998; Ord. 3146 § 1, 1989: Ord. 2606 § 1 (part), 1981: Ord. 2127 § 3(A), 1970)

19.12.095 Insurance required—Bond as alternative to restoration deposit.

No permit shall issue until the permittee has filed with the city a certificate of comprehensive public liability insurance, including the city as a named insured in limits of not less than one million dollars; provided, however, that a permit issued pursuant to Section 12.19.030(6) may be issued upon filing an insurance certificate showing insurance limits of a lesser amount so long as the director of public services is satisfied that such lesser amount is sufficient to protect the interest of the city. Public utilities will be exempt from posting the restoration deposit required by Section 19.12.090 so long as they keep and maintain on file with the city, an approved indemnity bond in the amount of ten thousand dollars or more conditioned upon faithful performance of the conditions and regulations of this chapter. (Ord. 2606 § 1 (part), 1981)

19.12.100 Inspection time—Additional charge.

An additional time charge will be made where pre-inspection and post-inspection times exceed one hour. Such extra charge will be invoiced to the contractor separately at the rate of fifteen dollars per hour. (Ord. 2606 § 1 (part), 1981: Ord. 2127 § 3(B), 1970)

19.12.110 Permit renewals.

Permits which have expired may be renewed for fifteen additional days at the additional fee of one-half of the original permit fee, provided the renewal permit is applied for prior to the expiration of the original permit. (Ord. 2606 § 1 (part), 1981: Ord. 2127 § 3(C), 1970)

19.12.120 Double fee for work without permit.

Wherever work for which a permit is required by this chapter is commenced or performed prior to obtaining such permit, the basic permit fee shall be doubled, but the payment for such double fee shall not relieve any person from full compliance with all of the requirements of this chapter in the execution of the work, nor from any other penalties which may herein be provided for, including criminal penalties. (Ord. 2606 § 1 (part), 1981: Ord. 2127 § 3(D), 1970)

19.12.130 Specifications.

All work shall conform to the requirements of “Standard Specifications for Municipal Public Works Construction,” 1977 Edition, prepared by Washington State Chapter, American Public Works Association, copies of which are on file with the city and available to the general public.

Exception: Only Standard Plan No. 10—concrete driveways—type D, alternate 1 or 2, on page VII—11 of the above standards are permitted for driveways. A specific alternate may be required by the public service department after the preconstruction inspection.

(Ord. 2606 § 1 (part), 1981: Ord. 2127 § 4(A), 1970)

19.12.140 Permittee’s performance responsibility.

In addition to all other requirements specified by this chapter or the “Standard Specifications for Municipal Public Works Construction” the permittee shall be responsible for restoration and cleanup of the street sidewalk or curb to original or better condition immediately upon completion of the project. The permittee shall be responsible for defects or failure of the street sidewalk or curb area for a period of one year following final inspection. For the purpose of this section and Section 19.12.040 relating to fees and security deposits the word “permittee” means the contractor and the owner of the property for whose benefit the disruption work is being done, jointly and severally. (Ord. 2606 § 1 (part), 1981: Ord. 2127 § 4(B), 1970)

19.12.150 Curb opening locations.

The location of each curb opening must be approved by the public service department. Application for a curb opening less than twenty feet from an intersection may only be approved under unusual circumstances. The city reserves the right to deny any request to open any curb. (Ord. 2606 § 1 (part), 1981: Ord. 2127 § 4(C), 1970)

19.12.160 Special conditions.

At the discretion of the director of public services one or more of the following requirements may be specified when conditions require their use. Wherever such special conditions are required, they shall be set forth on the permit at the time of issuance, or as an amendment to the permit in those instances where conditions requiring their use become known after the permit has been issued.

(1) Installation within the right-of-way shall be made by a method approved by the director of public services. Cuts shall be made only in areas approved by the city engineer. All improved or unimproved areas within the right-of-way shall be restored to an equal or better condition.

(2) Signs, cones, barricades, and all other traffic control devices to protect and control pedestrian and vehicular traffic in the construction area shall be used as prescribed by the traffic engineer, and in accordance with the “Manual on Uniform Traffic Control Devices for Streets and Highways, Part V.”

(3) One or more traffic lanes shall be kept open at all times. Moving traffic shall be properly controlled by uniformed flagmen, if specified. Hours of operation during construction and restoration shall be as specified.

(4) Ingress and egress for vehicles and personnel to abutting property shall be maintained at all times.

(5) Backfill and replacement of pavement surface shall be done to the satisfaction of the director of public services. Unless otherwise specified by the city engineer, backfill material shall conform to Standard Specifications for Municipal Public Works, specifically Section 26, Page 41 of the specifications.

(6) Any inspection time in excess of one hour will be invoiced separately. (Ord. 2606 § 1 (part), 1981: Ord. 2127 § 4(D), 1970)

19.12.170 Safety equipment.

All safety equipment such as barricades, caution lighting, and personnel for traffic control, are to be furnished by the permittee. (Ord. 2606 § 1 (part), 1981: Ord. 2127 § 4(E), 1970)

19.12.180 Enforcement authority.

Enforcement authority rests with the director of public services or his/her designee which may include personnel of the building or construction and project management departments. (Ord. 2606 § 1 (part), 1981: Ord. 2127 § 5(A), 1970)

19.12.190 Violation unlawful.

It is unlawful for any person, firm or corporation to disrupt a street or curb or sidewalk or cause the same to be done in violation of any of the provisions of this chapter. Both the contractor and owner will be held jointly and severally responsible and liable under this chapter. Any person, firm, or corporation violating any of the provisions of this chapter is guilty of a misdemeanor, and each such person is guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted. (Ord. 2606 § 1 (part), 1981: Ord. 2127 § 5(B), 1970)

Chapter 19.16
VACATIONS OF STREETS AND ACCESS EASEMENTS

Sections:

19.16.010 Purpose.

19.16.020 Applicability.

19.16.030 Initiation of proceedings.

19.16.040 Petition for vacation brought by abutting property owners.

19.16.050 Council resolution for vacation.

19.16.060 Date of public hearing.

19.16.070 Vacations of streets and access easements—Public notification of hearing.

19.16.080 Objection by property owners.

19.16.090 Vacation of waterfront streets.

19.16.100 Vacation file content and availability.

19.16.110 Staff report preparation.

19.16.120 Public hearing procedures.

19.16.130 Criteria for granting street vacation.

19.16.140 Right to reserve easements.

19.16.150 Voluntary agreement between city and applicant.

19.16.160 Final decision.

19.16.170 Appraisals and appraisal fees.

19.16.180 Title to vacated street or alley.

19.16.190 Vested rights not affected.

19.16.200 City use of revenue.

19.16.010 Purpose.

This chapter establishes the procedure and criteria that the city will use to decide upon vacation of streets, alleys, and other types of public easements relating to street, pedestrian or travel purposes. (Ord. 3803 § 2 (part), 2001)

19.16.020 Applicability.

This chapter applies to requests for vacation of streets, alleys and public easements relating to street, pedestrian or travel purposes. This chapter shall not apply to vacation or termination of other types of public easements. As used in this chapter, the term “subject property” means the street, alley or public easement, or portions thereof, sought to be vacated. (Ord. 3803 § 2 (part), 2001)

19.16.030 Initiation of proceedings.

A vacation may be initiated by:

(1) The city council; or

(2) The owners of more than two-thirds of the property abutting the part of the street or alley to be vacated, or, in the case of an easement, the owners of two-thirds of the property underlying the portion of the easement to be vacated. (Ord. 3803 § 2 (part), 2001)

19.16.040 Petition for vacation brought by abutting property owners.

(1) The owners of an interest in any real estate abutting upon any street or alley, or underlying any public easement governed by this chapter, may petition the city council for vacation of the subject property.

(2) The applicant shall apply for a vacation by submitting the following:

(a) A vacation petition with supporting affidavits on forms provided by the department of planning and community development (“planning department”);

(b) A legal description of the area to be vacated prepared by a licensed surveyor;

(c) For each petitioner a title report indicating ownership and providing a legal description of the property owned by the petitioner;

(d) Five paper copies of a site map showing the subject property and showing all properties within three hundred feet of any portion of the subject property. The site maps shall be at a scale of one inch equals one hundred feet;

(e) An eight and one-half-inch by eleven-inch clear plastic transparency of the site map;

(f) Address labels containing the names and addresses of the owners of all property within three hundred feet of any boundary of the subject property;

(g) A copy of the King County assessor’s map identifying the properties specified in subsection (f) of this section;

(h) The vacation application fee as established by ordinance;

(i) A signed agreement to pay the cost of an appraisal as provided for in Section 19.16.170; and

(j) Any additional information or material that the director of the planning department determines is reasonably necessary for the city council to consider the requested vacation.

(3) The petition shall be filed with the planning department, and the petition shall be signed by the owners of more than two-thirds of the property abutting on the street or alley (based on front footage), or underlying the public easement (based on square footage). (Ord. 3803 § 2 (part), 2001)

19.16.050 Council resolution for vacation.

The city council may initiate, by resolution, vacation procedures. The resolution shall contain a legal description of the subject property. (Ord. 3803 § 2 (part), 2001)

19.16.060 Date of public hearing.

Upon receiving a complete application for vacation, or upon passage of a resolution by the city council seeking vacation, the city council shall, by resolution, fix a time when the city will hold a public hearing on the proposed vacation. The hearing will be not more than sixty days nor less than twenty days after the date of passage of the resolution scheduling the public hearing. (Ord. 3803 § 2 (part), 2001)

19.16.070 Vacations of streets and access easements—Public notification of hearing.

(1) Content. The director of the planning department shall prepare a public notice containing the following information:

(a) A statement that a request to vacate the subject property will be considered by the city council;

(b) A statement of the time and place of the public hearing before the city council;

(c) A location description in non-legal language along with a vicinity map that identifies the subject property proposed to be vacated;

(d) A statement that the vacation file is available for viewing at Kirkland City Hall; and

(e) A statement of the right of any person to submit written comments to the city council prior to or at the public hearing and to appear before the city council at the hearing to give comments orally.

(2) Distribution of Notice of Hearing. At least twenty calendar days before the public hearing, the director of the planning department shall distribute the public notice as follows:

(a) A copy will be sent, by mail, to the owner of each piece of property within three hundred feet of any boundary of the subject property;

(b) A copy will be sent, by mail, to each resident living immediately adjacent to or on the subject property;

(c) A copy will be published in the official newspaper of the city, except no vicinity map shall be required;

(d) At least two copies will be posted in conspicuous public places in the city;

(e) A copy will be posted on the subject property in the manner set out in subsection (3) of this section.

(3) Public Notice Sign. The applicant shall provide for and erect public notice signs at least twenty calendar days before the public hearing as follows:

(a) The sign shall be designed and constructed to city standards. A copy of the notice described in subsection (1) of this section and a vicinity map shall be attached to each sign.

(b) The planning department is authorized to develop the standards for the public notice signs necessary for implementation of this section.

(c) One sign shall be erected on the subject property. The planning department may require that additional signs be erected on or near the subject property and placed so that the signs are conspicuously visible from an improved public right-of-way not subject to the vacation request. The department of planning and community development shall approve the location of each sign.

(d) The applicant shall post a deposit to ensure proper maintenance and removal of the signs.

(e) All signs shall be removed within seven calendar days after the final public hearing. (Ord. 4122 § 1 (part), 2008; Ord. 3803 § 2 (part), 2001)

19.16.080 Objection by property owners.

If fifty percent or more of the abutting property owners file written objections to a city council initiated vacation with the city clerk prior to the time of hearing, then the city shall be prohibited from proceeding with the public hearing or granting the vacation. The calculation of the fifty percent threshold under this section shall be based on front footage, in the case of streets and alleys, and square footage of the easement area in the case of public easements. (Ord. 3803 § 2 (part), 2001)

19.16.090 Vacation of waterfront streets.

(1) The city shall not vacate a street, alley or public easement governed by this chapter if any portion of the subject property abuts a body of fresh or salt water unless:

(a) The vacation is sought to enable the city acquire the subject property for port purposes, beach or waterfront access purposes, boat moorage or launching sites, park, public view, recreation, or educational purposes, or other public uses;

(b) The city council, by resolution, declares that the subject property is not presently being used as a street, alley or public easement and that the subject property is not suitable for any of the following purposes: port, beach or water access, boat moorage, launching sites, park, public view, recreation, or education; or

(c) The vacation is sought to enable the city to implement a plan, adopted by resolution or ordinance, that provides comparable or improved public access to the same shoreline area to which the subject property abuts, had the subject property included in the plan not been vacated.

(2) Before adopting a resolution vacating subject property under subsection (1)(b) of this section, the city shall:

(a) Compile an inventory of all rights-of-way within the city that abut the same body of water that is abutted by the subject property;

(b) Conduct a study to determine if the subject property is suitable for use by the city for any of the following purposes; port, boat moorage, launching sites, beach or water access, park, public view, recreation or education; and

(c) Make a finding that the subject property is not suitable for any of the purposes listed under subsection (2)(b) of this section, and that the vacation is in the public interest.

(3) No vacation under this section shall be effective until the fair market value has been paid for the subject property. Money received from the vacation may be used by the city only for acquiring additional beach or water access, acquiring additional public view sites to a body of water, or acquiring additional moorage or launching sites. (Ord. 3803 § 2 (part), 2001)

19.16.100 Vacation file content and availability.

The planning director shall compile a vacation file that contains all information pertinent to the proposed vacation. This file shall be a public record. It shall be available for inspection and copying in the planning department during regular business hours. (Ord. 3803 § 2 (part), 2001)

19.16.110 Staff report preparation.

(1) Contents. The director of the planning department shall prepare a staff report containing the following information:

(a) All pertinent application materials submitted by the applicant;

(b) All comments regarding the vacation received in the planning department prior to distribution of the staff report;

(c) An analysis of the requested vacation in relation to the provisions of this chapter and the applicable provisions of the comprehensive plan;

(d) A recent appraisal of the subject property obtained by the city at the applicant’s expense; and

(e) A recommendation on the vacation.

(2) Distribution. Prior to the hearing, the planning director shall distribute the staff report to each member of the city council and each applicant. (Ord. 3803 § 2 (part), 2001)

19.16.120 Public hearing procedures.

(1) The city council shall hold a public hearing on each requested vacation. The hearing shall be open to the public. The city council shall make a complete electronic sound recording of each hearing.

(2) The city council may continue the hearing if, for any reason, it is unable to hear all of the public comments on the vacation, or if the city council determines that it needs more information on the vacation. If, during the hearing, the city council announces the time and place of the next hearing on the vacation, no further notice of the hearing need be given.

(3) At the outset of the hearing, the planning director shall provide an analysis of the requested vacation in relation to the provisions of this chapter and the applicable provisions of the comprehensive plan. The planning director shall also make a recommendation on the requested vacation.

(4) Any interested person may participate in the public hearing in either or both of the following ways:

(a) By submitting written comments to the city council either by delivering the comments to the planning department prior to the hearing or by giving the comments directly to the city council at the hearing; and

(b) By appearing in person, or through a representative, at the hearing and making oral comments directly to the city council. The city council may reasonably limit the extent of these oral comments to facilitate the orderly and timely conduct of the hearing. (Ord. 3803 § 2 (part), 2001)

19.16.130 Criteria for granting street vacation.

(1) The decision on a vacation application is a legislative determination. The city council may, in its discretion, vacate a street, alley or public easement governed by this chapter if it determines that vacation is in the public interest and that:

(a) The street, alley, or public easement is not currently necessary for travel or other street purposes, nor likely to be in the future; and

(b) No property will be denied all access as a result of the vacation.

(2) The city council may consider any other fact or issue it deems relevant when deciding whether to vacate a street, alley or public easement. (Ord. 3803 § 2 (part), 2001)

19.16.140 Right to reserve easements.

In vacating a street, alley or public easement governed by this chapter, the city council may reserve for the city any easements or the right to exercise and grant any easements for the following purposes:

(1) Public utilities and services;

(2) Pedestrian trail purposes; and

(3) Any other type of easement relating to the city’s right to control, use and manage rights-of-way. (Ord. 3803 § 2 (part), 2001)

19.16.150 Voluntary agreement between city and applicant.

At any time prior to the city council’s final decision on the vacation, the applicant and city staff may enter into a voluntary agreement containing special terms that would apply to the vacation if the application is approved. City staff will advise the city council of the terms contained in the voluntary agreement. The city council may vacate a street, alley or easement pursuant to such an agreement, subject to the criteria in Section 19.16.130. (Ord. 3803 § 2 (part), 2001)

19.16.160 Final decision.

(1) Following the public hearing, the city council shall, by motion approved by a majority of the entire membership in a roll call vote, either (a) adopt an ordinance granting the vacation; or (b) adopt a motion denying the vacation; or (c) adopt a resolution of intent to vacate stating that the city council will, by ordinance, grant the vacation if the applicant meets specified conditions within 90 days, unless otherwise specified in the resolution.

(2) The city may require the following as conditions:

(a) Monetary compensation to be paid to the city in an amount of up to one-half the appraised value for the subject property; provided, that compensation may be required in an amount of up to the full appraised value of the subject property if either of the following applies to the street, alley or public easement:

(i) It has been part of a dedicated public right-of-way for twenty-five years or more; or

(ii) The subject property or portions thereof were acquired at public expense;

(b) The grant of a substitute public right-of-way which has value as right-of-way at least equal to the subject property; or

(c) Any combination of subsections (2)(a) and (b) of this section; provided, that the total value of the combined conditions shall not total more than the maximum amount of monetary compensation allowed under subsection (2)(a) of this section.

(3) Within five working days of the city council’s decision, the planning director shall mail a copy of the notice of decision to the applicants. (Ord. 3841 § 1, 2002; Ord. 3803 § 2 (part), 2001)

19.16.170 Appraisals and appraisal fees.

The planning director is authorized to obtain appraisals from qualified, independent appraisers as part of preparing staff reports on vacations. Applicants will pay the cost of such appraisals. (Ord. 3803 § 2 (part), 2001)

19.16.180 Title to vacated street or alley.

Title to the subject property shall pass in accordance with Washington State statutory and common law governing title to vacated rights-of-way. (Ord. 3803 § 2 (part), 2001)

19.16.190 Vested rights not affected.

No vested rights shall be affected by the provisions of this chapter. (Ord. 3803 § 2 (part), 2001)

19.16.200 City use of revenue.

One-half of the revenue received by the city as compensation for the subject property must be dedicated to the acquisition, improvement, development, and related maintenance of public open space or transportation capital projects within the city. (Ord. 3803 § 2 (part), 2001)

Chapter 19.20
SIDEWALKS, CURBS AND GUTTERS—CONSTRUCTION AND MAINTENANCE

Sections:

19.20.010 Definitions.

19.20.020 Abutting property owner to maintain sidewalk in safe condition.

19.20.030 Expense of maintenance and repair to be borne by abutting property and owner thereof.

19.20.040 Procedure to order construction or repair.

19.20.010 Definitions.

Unless the context clearly indicates otherwise, the words used in this chapter shall have the meaning given in this section:

“Abutting property” includes all property having a frontage upon the margin of any street or other public place.

“Sidewalk” includes any structure or form of street improvement in the space between the street margin and the roadway, known as the sidewalk area. (Ord. 2654 § 1 (part), 1982)

19.20.020 Abutting property owner to maintain sidewalk in safe condition.

It shall be the responsibility of the owner of property abutting upon a public sidewalk to maintain the sidewalk at all times in a safe condition, free of any and all obstructions or defects, including but not limited to ice and snow. (Ord. 2654 § 1 (part), 1982)

19.20.030 Expense of maintenance and repair to be borne by abutting property and owner thereof.

The burden and expense of maintaining sidewalks along the side of any street or other public place shall devolve upon and be borne by the owner of the property directly abutting thereon. The abutting property owner shall also be responsible for performing and paying for sidewalk repairs to the extent the need for repairs is caused by the actions or omissions of the abutting property owner. (Ord. 4123 § 1, 2008: Ord. 2654 § 1 (part), 1982)

19.20.040 Procedure to order construction or repair.

(a) If the judgment of the city engineer or the department of public works, public convenience or safety requires that a sidewalk be constructed or repaired along either side of any street, such fact shall be reported to the city council.

(b) If upon receiving a report from the proper officer, the city council deems the construction of the proposed sidewalk or repair of such sidewalk necessary or convenient for the public health, safety or welfare, the city council may then order such work to be done pursuant to the procedures established in Chapter 35.68, 35.69 or 35.70 RCW. The cost of such proposed sidewalk construction or sidewalk repair shall be borne by the abutting property owners in accordance with Chapter 35.68, 35.69 or 35.70 RCW. (Ord. 4123 § 2, 2008: Ord. 2654 § 1 (part), 1982)

Chapter 19.24
SPECIAL EVENTS

Sections:

19.24.010 Definitions.

19.24.020 Special event permit required.

19.24.030 Exceptions to special event permit requirement.

19.24.040 Issuance of a special event permit does not obligate city services.

19.24.050 Priority of special event permit issuance.

19.24.060 Time for filing application for special event permit.

19.24.070 When application for special event permit is deemed complete.

19.24.080 Date of special event not confirmed until notice of confirmation issued.

19.24.090 Content of special event permit application.

19.24.100 Conditions affecting the issuance of a special event permit.

19.24.110 Reasons for denial of a special event permit.

19.24.120 Denial of a special event permit application—Appeals from denial.

19.24.130 Display of special event permit required.

19.24.140 Contents of special event permit.

19.24.150 Special event coordinator’s action on special event permit application.

19.24.160 Insurance required to conduct special event.

19.24.170 Waiver of insurance requirements.

19.24.180 Revocation of special event permit.

19.24.190 Cost recovery for special events.

19.24.200 Effect of receipt of donations on status of tax-exempt nonprofit organizations.

19.24.220 Expressive activity special event.

19.24.240 Delegation of city manager’s authority.

19.24.250 City manager authorized to adopt rules and regulations.

19.24.260 Authorized special event vendors.

19.24.270 Unlawful to conduct or promote attendance at special event without permit.

19.24.280 Other permits and licenses.

19.24.290 Unlawful to sell goods in special event venue without authorization.

19.24.300 Cost recovery for unlawful special event.

19.24.310 Penalties for violations.

19.24.010 Definitions.

Terms used in this chapter shall have the following meanings:

(1) “Demonstration” means a public display of group opinion as by a rally or march, the principal purpose of which is expressive activity.

(2) “Event organizer” means any person who conducts, manages, promotes, organizes, aids, or solicits attendance at a special event.

(3) “Event management company” means an entity with expertise in managing special events.

(4) “Expressive activity” includes conduct the sole or principal object of which is the expression, dissemination, or communication by verbal, visual, literary, or auditory means of political or religious opinion, views, or ideas and for which no fee or donation is charged or required as a condition of participation in or attendance at such activity. For purposes of this chapter, expressive activity does not include sports events, including marathons, fundraising events, or events the principal purpose of which is entertainment.

(5) “Gross revenues” means the sum of all revenues received by an event organizer for a special event including, but not limited to, cash receipts, licensing, sponsorships, television, advertising and similar revenues, and concessions.

(6) “March” means an organized walk or event whose principal purpose is expressive activity in service of a public cause.

(7) “Noncommercial special event” means any special event organized and conducted by a person or entity that qualifies as a tax-exempt nonprofit organization, or a special event whose principal purpose is expressive activity.

(8) “Rally” means a gathering whose principal purpose is expressive activity, especially one intended to inspire enthusiasm for a cause.

(9) “Sidewalk” means that portion of a right-of-way, other than the roadway, set apart by curbs, barriers, markings, or other delineation for pedestrian travel.

(10) “Sign” means any sign, pennant, flag, banner, inflatable display, or other attention-seeking device.

(11) “Special event service team” means representatives assigned by their respective department directors to represent the interests of their department as it relates to the issuance of special event permits.

(12) “Special event” means any fair, show, parade, run/walk, festival, or other publicly attended entertainment or celebration which is to be held in whole or in part upon publicly owned property or public rights-of-way, or if held wholly upon private property, will nevertheless affect or impact the ordinary and normal use by the general public of public property or public rights-of-way within the vicinity of such event.

(13) “Special event permit” means a permit issued under this chapter.

(14) “Special event venue” means that area for which a special event permit has been issued.

(15) “Street” means any place that is publicly maintained and open to use of the public for purposes of vehicular travel, including highways.

(16) “Tax-exempt nonprofit organization” means an organization that is exempted from payment of income taxes by federal or state law and has been in existence for a minimum of six months preceding the date of application for a special event permit.

(17) “Vendor” means any person who sells or offers to sell any goods, food, or beverages within a special event venue. (Ord. 4116 § 2 (part), 2007)

19.24.020 Special event permit required.

(a) Except as provided elsewhere in this chapter, any person or entity who conducts, promotes, or manages a special event shall first obtain a special event permit from the special event coordinator.

(b) The special event coordinator is authorized to issue permits for special events occurring within the city limits, pursuant to the procedures established in this chapter. The special event coordinator is authorized to determine the special event venue. The special event coordinator may impose reasonable conditions on the use of the special events venue based on the provisions of this chapter. The special event coordinator shall coordinate the issuance of a special event permit with the special event team and other public agencies through whose jurisdiction or property the special event or portion thereof occurs and to issue a special event permit upon the concurrence of other public agencies involved. (Ord. 4116 § 2 (part), 2007)

19.24.030 Exceptions to special event permit requirement.

(a) Although not required to be issued a special event permit, an event organizer of an activity exempted from this chapter is required to comply with all local, state and federal laws and regulations governing public safety or health.

(b) The following activities are exempt from having to obtain a special event permit:

(1) Parades, athletic events or other special events that occur exclusively in city parks and are sponsored or conducted in full by the city of Kirkland parks department;

(2) Funeral procession by a licensed mortuary;

(3) Gatherings of one hundred or fewer people in a city park, unless merchandise or services are offered for sale or trade to the public, in which case a special event permit is required;

(4) Temporary sales conducted by businesses, such as holiday sales, grand opening sales, sidewalk sales, or anniversary sales;

(5) Garage sales, rummage sales, lemonade stands and car washes;

(6) Private events held entirely on private property that do not involve the use of or have an impact on public property or facilities and that do not require the provision of city public safety services;

(7) Activities conducted by a governmental agency acting within the scope of its authority;

(8) Lawful picketing on sidewalks; and

(9) Block parties, which must be applied for through a separate, streamlined city process. (Ord. 4116 § 2 (part), 2007)

19.24.040 Issuance of a special event permit does not obligate city services.

Issuance of a special event permit under this chapter does not obligate or require the city of Kirkland to provide city services, equipment, or personnel in support of a special event. (Ord. 4116 § 2 (part), 2007)

19.24.050 Priority of special event permit issuance.

Except for a special event sponsored by the city, priority shall be given for the issuance of a special event permit to local tax-exempt nonprofit organizations operating in and providing services to the citizens of the city. (Ord. 4116 § 2 (part), 2007)

19.24.060 Time for filing application for special event permit.

(a) Except as otherwise provided in this chapter, a pre-application meeting shall be held no less than one year in advance of a new special event and no less than six months in advance of a repeat special event. Upon good cause shown and provided that there is no significant risk or burden to the city, the special event coordinator may, in his or her discretion, allow a later pre-application meeting.

(b) A complete application for a special event permit shall be filed with the special event coordinator not less than forty-five calendar days before the time when it is proposed to conduct the special event. Upon good cause shown and provided that no risk or burden to the city ensues, the special event coordinator has discretion to allow a later filing.

(c) An application for an expressive activity special event permit shall be filed with the special event coordinator no less than seven calendar days before the time when it is proposed to conduct the expressive activity special event. Upon good cause shown and provided that no risk or burden to the city ensues, the special event coordinator may, in his or her discretion, allow a later filing. (Ord. 4116 § 2 (part), 2007)

19.24.070 When application for special event permit is deemed complete.

An application for a special event permit is deemed complete when the applicant has provided all of the information required in Section 19.24.090, including any additional information required by the special event coordinator, and where city services are to be provided, the application has been approved by any involved city department, or the special event service team, and the city manager and the city council, if required. (Ord. 4116 § 2 (part), 2007)

19.24.080 Date of special event not confirmed until notice of confirmation issued.

Notwithstanding the special event coordinator’s acceptance of a completed application, the date of the event shall not be considered confirmed and the applicant shall not market or promote the event until the special event coordinator issues a written notice of confirmation. (Ord. 4116 § 2 (part), 2007)

19.24.090 Content of special event permit application.

The application for a special event permit should include the following:

(1) The name, address, fax, cell, email address, and office telephone number of the applicant;

(2) A certification that the applicant will be financially responsible for any city fees or costs that may be imposed for the special event;

(3) The name, address, fax, cell, email address and telephone number of the event organizer, if any, and the chief officer of the event organizer, if any;

(4) A list of emergency contacts that will be in effect during the event, and the event web address, if any; and

(5) If the special event is designed to be held by, on behalf of, or for any organization other than the applicant, the applicant for the special event permit shall file a signed, written communication from such organization:

(A) Authorizing the applicant to apply for the special event permit on its behalf;

(B) Certifying that the applicant will be financially responsible for any costs or fees that may be imposed for the special event;

(C) A copy of the tax exemption letter issued for any applicant claiming to be a tax-exempt nonprofit organization;

(6) All permit applications should include:

(A) A statement of the purpose of the special event;

(B) A statement of fees to be charged for the special event, including admissions tax documentation;

(C) The proposed location for the special event;

(D) Dates and times when the special event is to be conducted;

(E) The approximate times when assembly for, and disbanding of, the special event is to take place;

(F) The proposed locations of the assembly or production area;

(G) The specific proposed site or route, including a map and written narrative of the route;

(H) The proposed site of any reviewing stands;

(I) The proposed site for any disbanding area;

(J) Proposed alternate routes, sites or times, where applicable;

(K) The approximate number of persons, animals or vehicles that will constitute the special event;

(L) The kinds of animals anticipated to be part of the special event;

(M) A description of the types of vehicles to be used in the special event;

(N) The number of bands or other musical units and the nature of any equipment to be used to produce sounds or noise;

(O) The number and location of portable sanitation facilities;

(P) Other equipment or services necessary to conduct the special event with due regard for participant and public health and safety;

(Q) The number of persons proposed or required to monitor or facilitate the special event and provide spectator or participant control and direction for special events using city streets, sidewalks, or facilities;

(R) Provisions for first aid or emergency medical services, or both, based on special event risk factors;

(S) Insurance and surety bond information;

(T) Any special or unusual requirements that may be imposed or created by virtue of the proposed special event activity;

(U) The marketing plan with proposed timelines associated with marketing the activity to the general public;

(V) Event timeline documenting activities from event set-up to event tear-down; and

(W) Any other information required by the special event coordinator. (Ord. 4116 § 2 (part), 2007)

19.24.100 Conditions affecting the issuance of a special event permit.

(a) Where the event organizer has not requested and the special event does not require city services, equipment, or personnel, the special event coordinator may issue a special event permit when, based upon the completed application, all of the conditions listed in this section are met:

(1) The special event will not substantially interrupt public transportation or other vehicular and pedestrian traffic in the area of its route;

(2) The special event will not cause an irresolvable conflict with construction or development in the public right-of-way or at a public facility;

(3) The special event will not block traffic lanes or close streets during peak commuter hours on weekdays between seven a.m. to nine a.m. and four p.m. to six p.m. on streets designated as arterials by the city’s public works department;

(4) The special event will not require the diversion of police employees from their normal duties;

(5) The concentration of persons, animals or vehicles will not unduly interfere with the movement of police, fire, ambulance, and other emergency vehicles on the streets;

(6) The special event will move from its assembly location to its disbanding location expeditiously and without stopping en route;

(7) The special event will not substantially interfere with any other special event for which a permit has already been granted or with the provision of city services in support of other scheduled special events or unscheduled governmental functions; and

(8) The special event will not have significant adverse impact upon residential or business access and traffic circulation in the same general venue.

(b) In order to ensure that the conditions in this section are met, the special event coordinator may place conditions on the special event permit. (Ord. 4116 § 2 (part), 2007)

19.24.110 Reasons for denial of a special event permit.

(a) The special event coordinator may deny a special event permit to an applicant who has not:

(1) Provided for the services of a sufficient number of trained and certified traffic controllers;

(2) Provided sufficient monitors for crowd control and safety two weeks prior to the event date;

(3) Provided sufficient safety, health, or sanitation equipment services, or facilities that are reasonably necessary to ensure that the special event will be conducted with due regard for safety;

(4) Provided sufficient off-site parking or shuttle service, or both, when required, to minimize any substantial adverse impacts on general parking and traffic circulation in the vicinity of the special event; or

(5) Met all of the requirements for submitting an application for a special event permit.

(b) The special event coordinator may deny a special event permit if in the special event coordinator’s opinion:

(1) The special event will create the imminent possibility of violent disorderly conduct likely to endanger public safety or to result in significant property damage;

(2) The special event will violate public health or safety laws;

(3) The special event fails to conform to the requirements of law or duly established city policy;

(4) The applicant demonstrates an inability or unwillingness to conduct a special event pursuant to the terms and conditions of this chapter;

(5) The applicant has failed to conduct a previously authorized or exempted special event in accordance with law or the terms of a permit, or both;

(6) The applicant has not obtained the approval of any other public agency within whose jurisdiction the special event or portion thereof will occur;

(7) The applicant has failed to provide an adequate first aid or emergency medical services plan based on special event risk factors; or

(8) The applicant has failed to pay all fees due from previous special events.

(c) The special event coordinator may deny a special event permit to an applicant who has failed to comply with any term of this chapter or with any condition of a special event permit previously issued to the applicant. (Ord. 4116 § 2 (part), 2007)

19.24.120 Denial of a special event permit application—Appeals from denial.

(a) If the special event coordinator denies the application for the special event permit, pursuant to this section, he or she shall notify the applicant in writing as soon as is reasonably practicable.

(b) The denial of a special event permit may be appealed to the city manager or his or her designee.

(c) An appeal shall be made in writing within seven calendar days of the date of the written denial. An appeal is made by filing a written petition with the special event coordinator, setting forth the grounds for appeal and any documentation in support of the appeal.

(d) The city manager shall consider and decide the appeal as soon as is reasonably practicable and issue a written decision. (Ord. 4116 § 2 (part), 2007)

19.24.130 Display of special event permit required.

A copy of the special event permit shall be displayed in the special event venue in the method prescribed by the special event coordinator applicable to the particular special event and shall be exhibited upon demand of any city official. (Ord. 4116 § 2 (part), 2007)

19.24.140 Contents of special event permit.

(a) The city may condition the issuance of a special event permit by imposing reasonable requirements concerning the time, place and manner of the event, and such requirements as are necessary to protect the safety and rights of persons and property, and the control of traffic. A special event permit may include the following information or conditions:

(1) The location of the special event venue, which may be identified by a map attached to the special event permit;

(2) The date, assembly area, time for assembly, and starting time of the special event;

(3) The specific route plan of the special event;

(4) The minimum and maximum speeds of the special event;

(5) The number and types of persons, animals, and vehicles or structures at the event; the number of bands, other musical units, and equipment capable of producing sound, if any; and limitations thereon pertaining to noise abatement, and inspection and approval of floats, structures, and decorated vehicles for fire safety;

(6) The maximum interval of space to be maintained between booths or other structures to be used for the special event;

(7) The portion of the street and sidewalk that is to be occupied by the special event;

(8) The location of reviewing or audience stands, if any;

(9) The number and location of traffic controllers, monitors, other support personnel and equipment, and barricades to be furnished by the special event organizer;

(10) The area and time for disbanding;

(11) The conditions or restrictions on the use of alcoholic beverages and authorization for and conditions of the exclusive control or regulation of vendors and related sales activity by the event organizer during the special event;

(12) The provisions for any required emergency medical services; and

(13) Such other information and conditions as are reasonably necessary for the conduct of the special event and the enforcement of this chapter, including the requirement for a professional event management company to produce an event or for the on-site presence of the event organizer or its designated representative for all special event coordination and management purposes.

(b) As a condition of the issuance of a special event permit, the applicant shall be required to do a walk-through of the event site with the special event coordinator prior to the event, and make adequate provisions for cleaning the area or route of the special event both during and upon completion of the special event and to return the area or route to the same condition of material preservation and cleanliness as existed prior to the special event. (Ord. 4116 § 2 (part), 2007)

19.24.150 Special event coordinator’s action on special event permit application.

(a) Except as otherwise provided in this section, the special event coordinator shall take final action upon a completed application for a special event permit as soon as practicable.

(b) The special event coordinator is not required to take final action upon any special event permit application prior to one hundred eighty calendar days before the special event.

(c) The special event coordinator is not required to take final action on an incomplete or untimely special event permit application.

(d) The special event coordinator is not required to process more than one application for a special event permit per applicant during any two-week period.

(e) The special event coordinator is not required to take final action upon two or more special event permit applications submitted by the same applicant unless two or more weeks shall have elapsed between the respective dates of submission of each.

(f) Final action on a completed special event permit application shall consist of one of the following:

(1) Issuance of a special event permit in accordance with the terms of the application; or

(2) Issuance of a special event permit in accordance with the terms of the application, as conditioned by the special event coordinator or as modified by mutual agreement between the special event coordinator and the applicant; or

(3) Denial of the special event permit application by the special event coordinator. (Ord. 4116 § 2 (part), 2007)

19.24.160 Insurance required to conduct special event.

(a) The event organizer of a special event must possess or obtain comprehensive general liability insurance to protect the city against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the special event. Such insurance shall name the city of Kirkland, its officers, employees, and agents, and, as required, any other public entity involved in the special event, as additional insured. Insurance coverage must be maintained for the duration of the special event. Notice of cancellation shall be provided immediately to the city.

(b) Except as provided in this section, the comprehensive general liability insurance coverage required shall be in a combined single limit of at least one million dollars.

(c) If the special event is of a demonstrated high or low risk category, according to recognized insurance and risk management standards, the city’s risk manager may authorize a greater or lesser amount of coverage than otherwise required, or may require a particular type of insurance coverage different from that specified in this section.

(d) The insurance required by this section shall encompass all liability insurance requirements imposed for other permits required under other sections of this chapter and is to be provided for the benefit of the city and not as a duty, express or implied, to provide insurance protection for spectators or participants.

(e) The event organizer’s current effective insurance policy, or copy, along with necessary endorsements, shall be filed with the special event coordinator at least thirty calendar days before the special event, unless the special event coordinator for good cause modifies the filing requirements. (Ord. 4116 § 2 (part), 2007)

19.24.170 Waiver of insurance requirements.

(a) Except for special events where the sale of alcoholic beverages is authorized, the insurance requirements of Section 19.24.160 may be waived. In making the determination of whether to waive insurance, the city shall consider the following factors:

(1) Whether it is an expressive activity special event governed by Section 19.24.220;

(2) Whether it is objectively impossible to obtain insurance coverage;

(3) Whether the special event will involve the use of equipment (other than sound equipment), vehicles, animals, fireworks, or pyrotechnics; or

(4) Whether a fee or donation is charged or required as a condition of admission or participation in the special event.

(b) To claim that it is objectively impossible to obtain insurance coverage pursuant to this section, the applicant shall submit a statement from at least two independent licensed insurance brokers demonstrating the insurance is unavailable in the marketplace.

(c) Even though insurance is waived, the city may require the event organizer of a special event to defend, indemnify, and hold harmless the city from any claim or liability arising from the special event. (Ord. 4116 § 2 (part), 2007)

19.24.180 Revocation o