HomeMy WebLinkAboutOrdinance No. 2020-017 An Ordinance of the City of Arlington, Washington Amending Chapter 12.24 of the Arlington Municipal Code Regarding Obstruction of Sidewalks and Rights of Way ORDINANCE NO. 2020-017
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING CHAPTER 12.24 OF THE ARLINGTON
MUNICIPAL CODE REGARDING OBSTRUCTION OF SIDEWALKS AND RIGHTS OF WAY
WHEREAS, the City Council of the City of Arlington is adopting provisions of the
Arlington Municipal Code (AMC) pertaining to authorized uses of the rights of way; and
WHEREAS, these revisions require that certain provisions of AMC Chapter 12.24 also be
updated; and
WHEREAS, the Council deems the adoption of these amendments to be in the best
interests of the City and citizens;
NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as
follows:
Section 1. Arlington Municipal Code Section 12.24.010 shall be and hereby is
amended to read as follows:
Except as is otherwise in this section or chapter permitted, all obstructions or structures,
of any kind or character, placed, maintained or erected upon the streets, sidewalks,
curbs, gutters or parking strips of the city are unlawful and are a public nuisance, and
the public works director and the chief of police are authorized and directed to cause
the same to be removed; provided, however, that this section shall not apply to fire
hydrants, coin-operated newspaper vending boxes, public telephone booths, public
benches, publicly owned sidewalk trash containers, public transportation shelters for
riders, ornamental trees in parking strips, planters or planter boxes when part of any
approved public program of beautification, utility poles or natural gas service facilities
placed under the terms of franchises given by the city or which are permitted under
state law, street and traffic-control signs and posts therefor, or obstructions placed
pursuant to a permit issued under Chapter 12.50 of the Arlington Municipal Code, all of
which shall not be considered as such obstructions or structures and shall not be subject
to removal hereunder; provided, further,that any person, firm or corporation using a
sidewalk, curb, gutter or parking strip for said purposes shall be liable for and shall
indemnify and hold harmless the city and its officers and employees, while acting as
such, from any and all actions or causes of action, claims, demands, liabilities, loss,
damage or expense of whatsoever kind or nature, including costs of defense of all legal
actions thereunder, which may arise by reason or in consequence of said use of public
property.
Section 2. Arlington Municipal Code Section 12.24.070 shall be and hereby is
amended to read as follows:
ORDINANCE NO. 2020-017 1
Any person, firm or corporation violating any of the provisions of or failing to comply
with any of the mandatory requirements of this chapter is guilty of a Class 2 civil
infraction pursuant to AMC 1.04.020
Section 3. Arlington Municipal Code Section 12.24.080 shall be and hereby is repealed.
Section 4. Severability. Should any section, paragraph, sentence, clause or phrase of
this ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by
state or federal law or regulation, such decision or pre-emption shall not affect the validity of
the remaining portions of this ordinance or its application to other persons or circumstances.
Section S. Effective Date. The title of this ordinance which summarizes the contents
shall be published in the official newspaper of the City. This ordinance shall take effect and be
in full force five (5) days after the date of publication as provided by law.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this 3rd
day of August, 2020.
CITY OF ARLINGTON
f
Barbara Tolbert, Mayor
ATTEST:
Wendy Van er Meersche, City Clerk
APPROVED AS TO FORM:
Steven J. Peiffle, City Attorney
ORDINANCE NO. 2020-017 2
CERTIFICATION OF ORDINANCE
I, Wendy Van Der Meersche, being the duly appointed City Clerk of the City of Arlington,
Washington, a municipal corporation, do hereby certify that the following Ordinance No.
2020-017 was approved at the August 3, 2020 City Council meeting.
ORDINANCE NO. 2020-017
"AN ORDINANCE OF THE CITY OF ARLINGTON,WASHINGTON
AMENDING CHAPTER 12.24 OF THE ARLINGTON
MUNICIPAL CODE REGARDING OBSTRUCTION OF SIDEWALKS AND RIGHTS
OF WAY"
A true and correct copy of the original ordinance is attached.
Dated this 4th day of August, 2020.
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Wendy Van Der Meersche
City Clerk for the City of Arlington