Loading...
ORD 58-64 CONDUCT OF PERSONSAN ORDINANCE relating to and regulating the use and occupation of and the conduct of persons in and upon public places within the Town of Winslow, and the space above and beneath the surface of the same, prescribing penalties for violation of itsprovisions, :.- .- " ~: ':. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WINSLOW AS FOLLOWS: Section 1. This ordinance is declared to be an exercise of the police power of the State of Washington and of the Town of Winslow for the public safety, comfort and convenience, and its provisions shall be liberally construed for the accompIishment of that purpose. Section Z. Nothing in this ordinance shall prevent the prosecution under any ordinance repealed hereby of a cause arising prior to the time this ordinance shall become effective, nor shall the same affect any prosecu- tion or proceeding now pending in any court for the violation of such former ordinance; nor shall anythingh~rein contained be held to apply to obstructions or encroachments in the streets which have been heretofore lawfully constructed, erected and maintahed. Seetim 3. Nothlmg in this ordinance shall be construed to curtail or abridge the right of any persons to prosecute a civil action for damages by reason of injury to person or property resuIting from the negligent: use by any other person of any public place or the space above or beneath the same, nor shall the issuance of a permit hereunder be construed as relieving the persons accepting the same, or any person, fxlom lialiIity over tothe city, nor from any damages accruing to or suffered by any person, caused by the occupation, obstruction of or encroachment on, any public place. invalid, Section 4. If any portion of this ordinance shall be declared it shalI not thereby affect the validity of the remaining portions,' Section 5. It shall be unlawful for any person to construct, erect or maintain in, upon, over or under any public place any clock, awning, sign, areaway, sidewalk, elevator or door, fuel opening, staging, swinging scaffold, eIevator or other structure or material, machinery or tools used, or to be used in connection with the erection, alteration, repair or painting of any building; or to move any building along or across any public place; or tO use or occupy any parking strip; or to allow any animal or vehicle to be in or upon any public place other than that portion used as a roadway; or to open, excavate, or in any manner disturb or break the surface or foundation of any permanent pavement, or to aIter the established grade of any street or disturb the surface of, dig up, cut, excavate or fill in any public place; or construct or remove any sidewalk, cross walk, plank, gutter or plank roadway; or to do any work in,. or erect any structure under, along or over any public plac~dthout obtaining and having a written permit authorized by the Town Council of the Town of winslow and issued by the Town Clerk, and without c oreplying with all of the provisions of this ordinance in relation thereto; provided, however, that nothing herein contained shall be construed as applying to work to be done by the Town, or to street improvement contracts let by the Town. t' , and the application be to erect or construct ert an cloth covered, or areaway, sign, sidewalk elevator a clock, awnin h door, fuel opening, staging, swinging scaffold, elevator or other structure or material, machinery or tools used, or to be used in connection '~ith the erection alteration, repairing or painting of a building, or to move any building along or across any public place, or to use or occupy any parking place, or to use or occupy any parking strip by extending the sidewalk over the sam e or any por- tion thereof, or by the erection of any steps therein, or to open, excavate or in any manner disturb or break the surface or foundation of any permanent pave- ment, or to disturb the surface of, dig up, cut, excavate or fill in any public place; or construct or remove any sidewalk, cross walk, plank gutter, or plank roadway, or do any work in, or erect any structure under, along or over any public place in which there is a probability of injury arising there- from, except when done by a person licensed by the Town of Winslow so to do, the applicant shall deposit with the treasurer of the Town of ~Vinslow and take his receipt therefor, a cash indemnity fund in an amount to be fixed by the Town Clerk at the time of approving the application, which said amount shall be governed by the magnitude or nature of the structure to be constructed, erected or maintained, the work to be performed, the Ubstruction occasioned and the probability of injury that may arise therefrom. The applicant shall endorse said receipt to the Town of Winslow and deposit the same with the Town Clerk before receiving a permit. Such indemnity fund shall be used to pay the cost of inspection, the cost, plus twelve percent (1~-%) thereof, of restor- ing the street, and, if the application be for a permit requiring the filing of an indemnity agreement with the County Auditor, the cost thereof, and any other expense the Town may sustain. The balance of such fund, if any, after the foregoing deductions, shall be returned tothe applicant. If the indemnity deposit be insufficient, the applicant shall be liable for the deficiency. Provided, however, that the applicant, in lieu of said cash indem- nity fund, may, with the consent of the Town Clerk to be endorsed on the bond, file with the Town Clerk a surety company bond, approved as to surety by the Mayor and as to form by the Town Counsel, which said bond shall run for the full period of said permit and shall be in an amount to be fixed by the Town Clerk and conditioned that such applicant shall faithfully comply with all the terms of said permit and all provisions of this and all other ordinances of the Town of Winslow, and indemnify and save the Town of Winslow free and harmless from any and all claims, actions or damages of every kind and description wFiick may accrue to or be suffered by any person by reason of the use or occupation of such public place, or of the construction, existence, maintenance or use of such structure, and further conditioned that the applicant upon presentation of a bill therefor by the Town Clerk will well and truly pay the cost of inspection under said permit and the cost, plus twelve percent (12%) thereof, of restoring said public place to its proper condition, together with any other expenses that the Town may sustain in the premises. Section 7. It shall be unlawful for any person to ride, drive or lead any hoofed animal, or move or propel any vehicle, except light carriages for the conveyance of children, and invalids' chairs, along or over any side- walk, curb, gutter or parking strip, unless for the purpose of necessar~y crossing the same, 'or to cross any sidewalk, curb, gutter or parking strip with any heavily loaded vehicle, without effectually protecting such sidewalk, curb, gutter or parking strip by planks or similar device, or to allow any vehicle or hoofed animal to stand on any sidewalk or to saw, cut, or split firewood or lumber, or break rock or stone, or mix mortar or concrete, or do any act upon any sidewalk which shall obstruct the passage of pedestrians along or over same. Section 8. It shaIl be unlawful for any persan, owning or occupy- ing any property abutting upon or contiguous to any public place, to allow or permit any earth, rock, stones, trees, logs, stumps or other substances to cave, fall, crumble, slide, accumulate or be otherwise deposited from any such premises upon any public place, or having been so deposited, to be or remain thereon. Section 9. It shall be unlawful for any person to throw on any sidewalk any vegetable or fruit, or other substance, liable to cause any person injury, or to throw upon or into any public place, or in any gutter, any kitchen refuse, paper, sweepings or other substance liable to close up or choke any gutter, or to permit any accumulation of snow or ice upon any planked or paved sidewalk in front of any premises owned or occupied by him. Section 10. Any person who shall violate or fail to comply with any of the provisions of this ordinance, or permit or suffer any property under his control to be or remain in any public place in a manner herein forbidden, or when the same does not comply with the:.:'provisions hereof, or who shall fail to remove any obstruction or discontinue the use or occupancy of any public place when ordered to do so by the Town Council shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine in any sum not exceeding One Hundred Dollars ($100.00) or by punishment in jail for a term not exceeding thirty (30) days, or by both such fine and imprisonment, and each day any such person shall continue to violate or fail to comply with the provisions of this ordinance, shall be deemed and consial- red a separate offense. day of PASSED by the ~ Council and approved by me this May, 1958. / ~~M/~' ayor Att e st: ,~,: / Town Clerl4 .