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HomeMy WebLinkAbout4074 Ordinance ORDINANCE NO. '467'f An Ordinance of the City of Pasco, Washington amending Chapter 5.25 and Chapter 3.07 of the Pasco Municipal Code, Regarding Street and Intersection Closures. WHEREAS, the City Council has determined that certain requirements are necessary for the closure of public streets and intersections for special events, as defined in Chapter 5.25 fo the Pasco Municipal Code; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new Section 5.25.115, entitled "STREET AND INTERSECTION CLOSURES" is hereby added to the Pasco Municipal Code to read as follows: 5.25.115 STREET AND INTERSECTION CLOSURES A) Each application for a special events permit which includes a request for a closure (or partial closure) of a street or intersection shall include the following: 1. Indemnity. The applicant shall be required to sign a statement that he or she shall defend, indemnify and otherwise hold harmless the City of Pasco, its officers, employees and agents from any and all claims or liability arising from the City's grant of permission for or the actual conduct of the special event associated with, and including, such street closure. 2. Insurance. The applicant shall provide evidence of liability insurance coverage, for review by the City's risk manager, with the City of Pasco, its officers, employees and agents named as additional insured parties and offering death, personal injury and property damage liability in an amount not less than $1 million. 3. Notice. The applicant shall provide for payment of one newspaper publication and posting, at each end of the to be closed portion of the street and at all intersecting streets, of the notice of street closure (for closures of duration in excess of twelve (12) hours) pursuant to RCW 47.48.020; or for closures of less than twelve (12) hours, posting of such notice, posting only as outlined above. 4. Traffic Control Plan and Devices. The applicant shall provide a plan and such barricades, traffic cones or signs, in conformance with the most current version of the Manual on Uniform Traffic Control Devices (MUTCD) as adopted by the State of Washington and approved by the City Engineer, as are necessary to accomplish the proposed closure. The City does not provide or lend traffic control equipment except for City-sponsored events and closures. 5. Review Fee. A review fee, which shall be in addition to any special event fee, and as set forth in Chapter 3.07 of this code, shall be required with each application for closure of a street or intersection. The fee shall be non- refundable, regardless of whether the application is approved or denied. B) Each street closure request contained within an application for special event shall be reviewed by a committee consisting of the City Engineer (or designee), the Police Chief(or designee) and the City Fire Chief (or designee). The committee shall determine if requested street or intersection closures will be allowed, together with any additional requirements for or traffic flow, public safety, access or public notice. Any appeal of the decision of the committee may be made to the City Manager pursuant to section 5.25.090. C) The committee shall approve an application for a street or intersection closure which satisfies the requirements set out in subsection A, above; together with such other requirements as the committee may impose, pursuant to subsection B, unless it finds one or more of the following conditions, in which case the application shall be denied: 1. That the closure is likely to unreasonably interfere with vehicle or pedestrian traffic flow or 2. That the closure is likely to create an unmitigatable danger to vehicular or pedestrian traffic or 3. That the closure will cause irrevocable interference with previously approved and/or scheduled construction, maintenance or other activities or 4. That the closure will seriously inconvenience the general public's use of public property, services or facilities or 5. That there are not sufficient public safety personnel or other necessary city staff to accommodate the closure so that it may occur in a reasonably safe manner or 6. That the closure would endanger public safety or health or 7. That the closure would be likely to cause unreasonable damage to public properties or facilities. 8. That the closure is not necessary to accommodate an event or activity sponsored by a public entity or available to the general public for the period of the closure. Section 2. Section 3.07.050 S) "Special Events" of the Pasco Municipal Code is hereby amended to read as follows: S) Special Events: 1. Athletic, Competitive or Festival $25.00 5.25.070 2. Concert $25.00 5.25.070 3. Dance Hall-without liquor $75.00 5.25.070 a) Additional square footage 4. Dance Hall-with liquor $350.00 5.25.070 a) Additional square footage 5. Demonstration $15.00 5.25.070 6. Outdoor Music Festival $25.00 5.25.070 7. Parade $15.00 5.25.070 8. Public Dance $15.00 5.25.070 9. Temporary Special Sales Event- $40.00 for first vendor 5.25.070 (maximum for event $500.00) a) Each additional vendor $20.00 10. Street and Intersection Closure $50.00 5.25.115(A)(5) Review Fee Chapter 5.25 and Chapter 3.07-Street and Intersection Closures Page 2 Section 3. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 1st day of October, 2012. #/%01$31 --- Matt Watkins, Mayor A TEST: APPR AS TO FORM: • •1 r d ' De.ra . lark, City Cler " Leland B. Kerr, City Attorney Chapter 5.25 and Chapter 3.07-Street and Intersection Closures Page 3