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Home My WebLink About2561 OrdinanceORDINANCE NO. 2561 AN ORDINANCE Relating To Street, Sidewalk and Alley Interference and Amending Chapter 9.44 of the Pasco Municipal Code. WHEREAS, the downtown area of the city of Pasco has and continues to experience the presence of persons at all hours of the day, lying, sitting or sleeping on public right-of-way, particularly sidewalk and alley, out of proportion to other areas of the city; and WHEREAS, substantial evidence exists to show that downtown businesses have suffered from the utilization - -of public right-of-way in such manner and that persons are deterred from going into the area by the presence of persons making such use of the public right-of-way and that the aesthetic appearance of the area is blighted thereby; and WHEREAS, the downtown area has benches, parks and other resting areas making the use of public right-of-way for sitting wholely unnecessary (bus stops have permitted benches and shelter areas); and WHEREAS, the use of the public right-of-way for sitting, lying or sleeping jeopardizes the health and safety of those persons using the public right-of-way in such a manner as they increase the risk of injury to or crimes against their person; and WHEREAS, this ordinance is necessary for the protection of the public health, safety and general welfare, now, therefore, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section One. There is hereby added to Chapter 9.44 of the Pasco Municipal Code a new section 9.44.030 which shall read as follows: 9.44.030 SITTING, LAYING AND SLEEPING ON RIGHT-OF-WAY PROHIBITED. It shall be unlawful within the area of the city of Pasco bordered by the railroad tracks on the east, 14th Avenue on the west, Bonneville Street on the north and "A" Street on the south, for any person to sit, lay, or sleep on any public right-of-way except for medical emergency, in the furtherance of work or repair to the public right-of-way or of any property or building immediately adjacent thereto or in Evelyn ells, City Clerk furtherance of a special permit issued by the city under some other chapter of this code. Section Two. There is hereby added to Chapter 9.44 of the Pasco Municipal Code a new section 9.44.040 which section shall read as follows: 9.44.040 FACILITATING UNLAWFUL CONDUCT PROHIBITED. It is unlawful for the owner, lessee, manager, operator or other person in charge of any public place, city licensed business, church, mission, or other building or storage yard to knowingly permit, encourage or cause to be committed, whether by commission or omission any unlawful sitting, lying or sleeping on the public right-of-way adjacent to the premises. Section Three. This ordinance shall take effect five (5) days after passage and publication. PASSED this AY- day of July, 1985 and approved by the Mayor. ATTES : APPRO ED AS TO FORM: Gre . Rubstello, City Attor ey • 1985. lo, City Attorney ubste SED by the City Council of t e City of Pasco this/5'— 4 c son, Mayor day o 1.1 JAM* fi-oe w."7 P40 ED AS TO FORM: /1 KL1N PT", WA DEPUTY d,4 eey__3 /I e/ TO 439500 by law. OF OFFICIAt RECO RECORDED IN VOL /ts7 PAC 85 OF tt9 16 A10 :56 - NE VA 4139500 - .• c. ," 1 t •••• Itt:iI , r n ,s,:i 0 • R k 11••••n••• %. E 397' . !. 15431193 51 7 ,•••••••n•n ______________ o n cotscaez=m-Gtn cpez=vet,==vb= 4=z=1............... ••••• 79 proFsebe-r). 04-Lik Ti 0 4—) 111111111•1111 NM. • ,2.......1 m e ic,(Orry , V cc I -- 19 \ ...... —1 co ‘c 41395611 ORDINANCE NO 2581 AN ORDINANCE Re lat ing To Street Sidewalk and Alley Interference and Amending Chapter 9 44 of the Pasco Municipal Code WHEREAS, the down- town area of the city of Pasco has and continues to experience the presence of persons at all hours of the day lying sitting or sleep- ing on public right-of-way particularly sidewalk and alley out of proportion to Wooer areas of the city and WHEREAS substantial evidence exists to show that downtown businesses have suffered from the utili- zation of public right-of-way in such manner and that persons are deterred from going into the area by the presence of persons mak- ing such use of the public right-of-way and that the aesthetic appearance of the area is blighted thereby, and WHEREAS the down- town areas has benches parks and other resting areas making the use of public right-of-way for sit- ting wholely unnecessary (bus stops have permitted benches and shelter areas) and WHEREAS the use of the public right-of-way fok sitting lying or sleeping jeopardizes the health and safety of those persons using the public right-of-1 way in such a manner as they increase the risk of in- jury to or crimes against1 their person and WHEREAS this ordi-r nance is necessary for the protection of the public health safety and general welfare now, therefore THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DO OR- DAIN AS FOLLOWS Section One There is hereby added to Chapter 9 44 of the Pasco Municipal Code a new section 9 44 030 which shall read as follows Section 9 44 030 SITTING LAV- ING AND SLEEPING ON RIGHT-OF-WAY PROHIB- ITED It shall be unlawful within the area of the city of Pasco bordered by the rail- road tracks on the east 14th Avenue on the west Bonneville Street on the north and "A" Street on the south for any person to sit lay or sleep on any public right of-way except for medical emergency in the furtherance of work or re- pair to the public right-of- way or of any property or building immediately adja- cent thereto or in further ance of a special permit issued by the city under some other chapter of this code Section Two There IS hereby added to Chapter 9 44 of the Pasco Municipal Code a new section 9 44 040 which section shall read as follows 9 44 040 FACILITATING UNLAWFUL CONDUCT PROHIBITED It is unlawful for the owner lessee man- ager operator or other per- son in charge of any public place city licensed busi ness church mission or other building or storage yard to knowingly permit encourage or cause to be committed, whether by commission or ommission any unlawful sitting lying or sleeping on the public right- of way adjacent to the premises Section Three This or- dinance shall take effect five (5) days after passage and publication PASSED this 15 day of July 1985 and approved by the Mayor -s-Joe Jackson Mayor ATTEST s-Evelyn Wells, City Clerk APPROVED AS TO FORM S Greg A Rubstello City Attorney LEGAL NO 19418 - July 19, 1985 COUNTY OF Bpntnn AFFIDAVIT OF PUBLICATION )ss STATE OF WASHINGTON Tnr1 -1 cvn Wprri being first duly sworn on oath deposes and says al P is the nrno T1 erkof the Tn City Herald, 1l WA a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication here- inafter referred to, published in the English language continually as a daily newspaper in Benton County, Washington, and is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper That the annexed is a true copy of a lA 1 Ad "Ord.. 256 1 " as it was printed in the regular and entire issue of the,Tri-City Herald itself and not in a supplement thereof, for a period of oneil Times, commencing on the 19Th day of Tiil y , 19 85 , and ending on the day of July , 19 85 , and that said newspaper was regularly distributed to its subscribers during all of this period That the Total amount is $ 84 53 1V-5 Inche5 P 1.7.35 = $a495 19th day of '1111V ,19 85 was, Subscribed and sworn to before me this et/ ry Public in and for the State of Washington, residing at Pasco FINANCE DEPARTMENT 1509) 545-3401 Scan 726-3401 4 P 0 BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301 July 16, 1985 Tri City Herald P.O Box 2608 Pasco, Washington 99302 Pttn Rochelle Dear Rochelle Please publish the attached Ordinances on the following date July 19, 1985 Please send two (2) Affidavits of Publication for each. Sincerely yours, Evelyn Wells City Clerk ew