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HomeMy WebLinkAbout1965-647 ORDINANCE NO. AN ORDINANCE relating to streets and sidewalks; authorizing the plant- ing of trees and shrubs in public rights of way and requiring a permit therefor; prescribing conditions and regulations applicable thereto; declaring violations to be misdemeanors and providing a penalty; adding a new section numbered 8.16.005, and amending Sections 8.16.010, .020, .030, .040 and .050 of the City of Yakima Municipal Code, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section I. That a new section, to be numbered 8.16.005, is here- by added to the City of Yakima Municipal Code to precede Section 8.16.010 thereof, which new section shall read as follows: "8.16.005 PURPOSE OF CHAPTER. It is the purpose of this chapter to encourage efforts on the part of all per- sons to beautify the City of Yakima by the planting and maintenance of trees, shrubs and flowers in public places, and to achieve harmonious esthetic relationship by such beautification efforts." Section 2. That Section 8.16.010 of the City of Yakima Municipal Code is hereby amended to read as follows: "8.16.010 PERMIT REQUIRED. A public street beauti- fication permit issued pursuant to a proper application, and subject to the terms and regulations herein set forth, shall be required for any person, firm or corporation to erect or maintain any shrub, plant, structure or container of any type or nature whatsoever for the purpose of beau- tifying any street, sidewalk, al ley or other public way upon, over, along or across any street, sidewalk, alley or other public way, in any B-2 Local Business Zone, B-3 General Business Zone, M-I Light Industrial Zone, or M-2 Heavy Industrial Zone, as defined in Title 12 of this code. It shall be unlawful for any person, firm or corpora- tion to perform any act for which a permit is required hereby without first obtaining such a permit." Section 3. That Section 8.16.020 of the City of Yakima Municipal Code is hereby amended to read as follows: "8.16.020 AUTHORITY TO ISSUE PERMITS. 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 struc- tures of every type or nature whatsoever used to beautify streets, sidewalks, alleys or other public ways in said business, industrial or commercial areas." 111 Section 4. That Section 8.16.030 of the City of Yakima Municipal Code is hereby amended to read as follows: "8.16.030 APPLICATION FOR PERMIT-INFORMATION REQUIRED. Before any special street beautification permit shall be issued, the applicant or applicants therefore shal I file a written application with the City Clerk 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 above the street, sidewalk, alley or other public way, proposed plants or vegetation in the event trees or shrubs are to be utilized, and all other details concerning the proposed improvements. (b) The names and addresses of any and all persons, firms or corporations participating in the street beautification program. (c) The extent or area of the district or section of the streets or sidewalks encompassed within the beautification program, together with the location of trees, shrubs, struc- tures or containers in the district or area." Section 5. That Section 8.16.040 of the City of Yakima Municipal Code is hereby amended to read as follows: "8.16.040 CONDITIONS AND REGULATIONS. Any special street beautification permit issued pursuant to this chapter shall be subject to the following regulations, in addition to any specially recommended by the city after studying the plans submitted in the application: (a) The application may be filed by or on behalf of any person, association, property owner, trade bureau, or other group of persons desiring to beautify a portion or segment of the city. (b) The beautification endeavor may be sponsored by a group or association and may be on a group basis, area basis or district basis, but nothing contained hereby shall pro- hibit individual property owners from beautifying only that • segment of the street right -of -way abutting their individual properties, provided, however, that abutting property owners shall be notified by the applicant of applicant's intention to undertake the project prior to the time application is made. (c) The beautification project shall be reviewed by the Metropolitan Parks District Board which board sha l l ma¢{e such recommendations as it deems appropriate regarding the design of the project and its harmonious relationship to the area and to previously establlished beautification projects, if any, adjacent to or in the vicinity of the proposed project. The City Manager or hisjauthorized representative shall be informed of and guided by the Park Board's findings and recommendations. 1 (d) Any such beautification program shall not include any advertising matter l extolling the virtues of an area, group or business, and any 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. 1 (e) Before any applicant shall be granted a permit, it • shall procure and maintain during the existence of any such permit an insurance policy or policies with limits of not less than one hundred thousand dollars /three hundred thousand dollars for injuries to persons and fifty thousand dollars for injuries to property, naming the City of Yakima as an additional insured on said policy,, which policy of insurance shall be approved by the City Clerk and the City Attorney. (f) Any such project shal I obtai n specific clearance from the Traffic Engineer an!d the Police Department, to the effect that there will be no interference with pedestrian or vehicular -2- traffic in the area, and that any potential hazards will be minimized or eliminated. (g) Every applicant constructing such a project shall specifically agree to maintain the project during the exist- ence thereof in a good and workmanlike manner, and in the event of applicant's failure to so maintain the project, the city shall have the right, at the expense of the applicant, to main- tain or remove the same, and applicant shall promptly reimburse 411 the city for all expenses so incurred. (h) Any permit issued pursuant to this chapter shall be subject to revocation by the City Manager in the event it shall appear to him that the project constitutes a hazard to persons or property, or that the best interests of the city will otherwise be served by such revocation." Section 6. That Section 8.16.050 of the City of Yakima Municipal Code is hereby amended to read as follows: "8.16.050 PENALTY FOR VIOLATION. Any person, firm or corporation violating any of the provisions hereof shall be guilty of a misdemeanor and upon conviction thereof shall be subject to payment of a fine in an amount not exceeding three hundred dollars, or subject to imprisonment in the City Jail for a period not exceeding ninety days, or both such fine and imprisonment." Section 7. This Ordinance shall be in full force and effect thirty days after its passage, approval and publication as provided 411 by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this /0° day of ( , - / - C" , 1965. Mayor ATTEST: / / City Clerk 411 -3-