HomeMy WebLinkAbout1961-229 ORDINANCE NO,
AN ORDINANCE regulating street plantings in business areas; providing
for the submission and approval or plans therefor; and pro-
, viding penalties,
BE IT ORDAINED BY THE CITY OF YAKIMAg
Section I. It shall be unlawful for any person, firm or - orpora-
tion to erect or maintain any shrub, plant, structure or container of
any type or nature whatsoever for the purpose of beautifying any street
- or sidewalk upon, over, along or across any street or sidewalk in any
B-2 Local Business Zone, B-3 General Business Zone, M-1 Light Indus-
trial Zone, or M-2 Heavy Industrial Zone, as defined in Ordinance
No B-2095, as amended, except when authorized by a public rbet
beautification permit issued pursuant to a proper application, and
subject to the terms and regulations herein set forth.
Section,2, The City Manager, or his authorized representative,
is authorized to issue a special street beautification permit for the
construction, erection or planting of trees, shrubs, containers or
structures of every type or nature whatsoever usc1 to beautify certain
streets or sidewalks in said business, industrial or conmercial areas.
Section 3. Before any special street beautification permit shall
be issued, the applicant or applicants therefor shall file a written
application with the proper officers of the City of Yakima, which
application shall contain the following information, together with
such other information as may be required by the City Manager: -
(a) Detailed plans and specifications showing the con-
struction, location, size, materials of construction, height if any
41 0 above the roadway or sidewalk proposed plants or vegetation in the
event trees or shrubs are to be utilized, and all other details eon,
cerning the proposed improvements.
(b) The names and addresses of any and all persons.partici-
pating in the street beautification program..
(c) The extent or area of the district or section of tae
streets or sidewalks encompassed within the beautification program
together with the location of trees, shrubs, structures or containers
in the district'or area
Section 4. Any special street beautification permit issued
pursuant to this ordinance shall be subject to the following regula-
tions, in addition to any specially recommended by.the City after
studying the plans submitted in the application:
(a) The application be filed by or on behalf of an
association,., trade bureau person or group of persons desiring to'
411 beautify a portion or segment of the City,
(b) The beautification endeavor shall be sponsored by
group or association and shall be on a group basis, area basisr
district basis, and nothing contained herein shall permit individual
property owners to beautify only that segment of the street right-of,
way abutting their individual Properties; provided however, that
should any such group of individual owners act in concrt., then they
may be•granted authority individually, provided that-their
dividual operation constitutes an integral part of a proposed or •
completed scheme in the district or area
(c) Any beautification program attempted shall'be of each
a nature as to be uniform with the beautification prograni ,. if any,
adjacent to the area to be improved, or shall be a standard type pr(-
gram conforming to the beautification programs throughout the City.
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(d) Any such beautification program shall not include any
advertising matter extolling the virtues of an area group or business,
andany such project shall be absolutely devoid of any advertising
material imprinted thereon and shall be . constructed without placards
or insignia designating any particular private enterprises.
(e) Before any group of persons or association shall be
• granted a permit, they shall procure and maintain during the existence
of any such permit an ineurance policy or policies with limits of not
less than $100,.000/50(4000 for injuries to persons and $50 for
injuries to property,. naming the City of Yakima as an additional in-
Sured on said poliey which policy of insuranc shall be approved by
the City Clerk and the City Attorney
• (f) Any such project shall obtain specific clearance f74m
the Traffic Engineer and the Police Department, to the effect that
411 there will be no interference with pedestrian or vehicular traffic
in the area, and that any potential hazards will be minimized or
eliminated.
(g) The persons or association constructing such'a project .
shall specifically agree to maintain the project during the existence
thereof in a good and workmanlike manner, and in the event of their
failure to so maintain the project, the City shall have the right,
at the expense of-the applicant, to maintain or remove the same, and
it shall be promptly reimbursed for all expenses so incurred.
Section 5. Any person, firm or corporation ielating any-of
the'provisions hereof shall be guilty of a misdeeanor and upolt con-
viction thereof shall be subject to payment of a fine in an amount
• not exceeding $500.00, or subject to i'uprisonment in the City Jail
for a period not exceeding 90 days., or both such fine and imprisonment.
Section 6. This ordinance shall be in full force and effect
30 days after its final passage, approval and publication, as pro.
vided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this day
of March„ 1961.
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