The purpose of this chapter is to classify and designate streets within the City of Port Angeles as either principal arterials, minor arterials, collector arterials, or access streets, consistent with the City's Comprehensive Plan and Circulation Plan and with the State-Wide National Functional Classification System.

(Ord. 3022 § 1 (part), 6/25/1999)

A.

"Access streets" shall include all streets within the City, which are not designated in this chapter as principal, minor, or collector arterials and which generally have the following characteristics:

1.

Permit direct access to abutting land uses;

2.

Connect to higher class street systems;

3.

Have a low level of mobility;

4.

Discourage through traffic movement;

5.

Consist of ten to 30 percent of travel volume and 65 to 80 percent of street mileage.

B.

"Arterials" or "arterial highways" shall include, for the purposes of RCW 46.04.030 and RCW 47.04.010(2), in all courts, but not by limitation, the principal arterials, minor arterials, and collector arterials designated in this chapter.

C.

"Collector arterials" shall include those streets designated in PAMC 11.02.050, which streets generally have the following characteristics:

1.

Provide land access and street circulation within residential, commercial, and industrial areas;

2.

Distribute trips from the arterial system to ultimate destinations and vice versa;

3.

Consist of five to ten percent of travel volume and five to ten percent of street mileage.

D.

"Minor arterials" shall include those streets designated in PAMC 11.02.040, which streets generally have the following characteristics:

1.

Interconnect and augment principal arterials;

2.

Serve trips of shorter distance and lower level of mobility than principal arterials;

3.

Have more emphasis on land access;

4.

Do not usually penetrate identifiable neighborhoods;

5.

Consist of five to 40 percent of travel volume and five to 20 percent of street mileage.

E.

"Principal arterials" shall include those streets designated in PAMC 11.02.030, which streets generally have the following characteristics:

1.

Serve major centers of activity and highest traffic volume corridors;

2.

Serve most trips entering or leaving urban area;

3.

Serve significant intra-urban travel between major suburban or business districts;

4.

Have fully and/or partially controlled access;

5.

Consist of 40 to 65 percent of travel volume and five to ten percent of street mileage.

(Ord. 3022 § 1 (part), 6/25/1999)

The following streets and parts of streets within the City are hereby designated as principal arterial streets:

1.

Front Street from Golf Course Road to Lincoln Street.

2.

First Street from Lincoln Street to east City limits.

3.

Lincoln Street from Front Street to Lauridsen Boulevard.

4.

Lauridsen Boulevard from Lincoln Street to Cherry Street.

5.

State Highway 101 from Cherry Street to west City limits.

6.

Race Street from Front Street to Mt. Angeles Road.

(Ord. 3022 § 1 (part), 6/25/1999)

The following streets and parts of streets within the City are hereby designated as minor arterial streets:

1.

8th Street from Race Street to "C" Street.

2.

"C" Street from 8th Street to Lauridsen Boulevard.

3.

Lauridsen Boulevard from Lincoln Street to Race Street.

4.

Front Street from Lincoln Street to Cherry Street.

5.

First Street from Lincoln Street to Valley Street.

6.

Marine Drive from Cherry Street to Tumwater Truck Route (SR-117).

7.

Tumwater Truck Route (SR-117) from Marine Drive to south City limits.

8.

Golf Course Road from First Street to Bonneville Power Administration easement.

9.

Future White's Creek crossing from Race Street to Golf Course Road.

(Ord. 3022 § 1 (part), 6/25/1999)

The following streets and parts of streets within the City are hereby designated as collector arterial streets:

1.

Chambers Street from Front Street to 8th Street.

2.

Golf Course Road from Bonneville Power Administration easement to south City limits.

3.

Mt. Angeles Road from Heart of Hills parkway to south City limits.

4.

Ennis Street from former Rayonier mill site to Lauridsen Boulevard.

5.

Eunice Street from 8th Street to Lauridsen Boulevard.

6.

Fairmont Avenue from SR-101 to Lauridsen Boulevard.

7.

Peabody Street from Front Street to Ahlvers Road.

8.

Old Mill Road from Ahlvers Road to south City limits.

9.

Laurel Street from Lauridsen Boulevard to Ahlvers Road.

10.

Cherry Street from 2nd Street to 15th Street.

11.

Valley Street from First Street to 2nd Street.

12.

Pine Street from 8th Street to south City limits.

13.

Pine Street extension from Pine Street to SR-101.

14.

Cedar Street from Marine Drive to 8th Street.

15.

Tumwater Street from Marine Drive to 5th Street.

16.

"C" Street from 5th Street to 8th Street.

17.

"I" Street from 5th Street to 16th Street.

18.

"L" Street from 4th Street to 5th Street.

19.

"M" Street from 4th Street to 18th Street.

20.

"N" Street from 4th Street to 18th Street.

21.

"L" Street from 18th Street to Lauridsen Boulevard.

22.

Milwaukee Drive from "N" Street to west City limits.

23.

2nd Street from Cherry Street to Marine Drive.

24.

Marine Drive from Tumwater Truck Route to Daishowa America mill site.

25.

Ediz Hook Road from Daishowa America mill site to Coast Guard air station.

26.

Hill Street from Marine Drive to "L" Street.

27.

4th Street from "L" Street to "N" Street.

28.

5th Street from Ennis Street to Cherry Street.

29.

5th Street from Tumwater Street to "L" Street.

30.

8th Street from "C" Street to "I" Street.

31.

8th Street from Race Street to Chambers Street.

32.

10th Street from "I" Street to Milwaukee Drive.

33.

"O" Street from 10th Street to 18th Street.

34.

Campbell Avenue from Mt. Angeles Road to Porter Street.

35.

Porter Street from Campbell Avenue to Park Avenue.

36.

16th Street from "C" Street to "I" Street.

37.

18th Street from "I" Street to City landfill.

38.

Lauridsen Boulevard from Tumwater Truck Route to west City limits.

39.

Lauridsen Boulevard from Race Street to Ennis Street.

40.

Park Avenue from Laurel Street to Liberty Street.

41.

Liberty Street from Park Avenue to Lauridsen Boulevard.

42.

Ahlvers Road from Laurel Street to Peabody Street.

43.

15th Street from Cherry Street to Lauridsen Boulevard.

44.

Future Airport Road from Lauridsen Boulevard to south City limits.

(Ord. 3022 § 1 (part), 6/25/1999)

All definitions of terms in Title 11 of the Port Angeles Municipal Code and the following definitions apply to the provisions of this chapter, unless the context shall indicate otherwise:

A.

"Applicant" means any person making application for a permit for construction or excavation work, pursuant to the terms of this chapter.

B.

"City" means the City of Port Angeles.

C.

"City Council" or "Council" means the City Council of the City.

D.

"City Engineer" means the City Engineer of the City of Port Angeles.

E.

"Construction" or "excavation" means the act of opening, excavating, or in any manner disturbing or breaking the surface of the ground; the establishment or alteration of any established grade or street; and the maintenance or removal of a sidewalk or crosswalk, pavement, sewers, water mains, street lighting or appurtenances thereto, and the planting or removal of street trees.

F.

"Easement" means any easement granted to the City for access to or for public utilities.

G.

"Person" means any person, firm, partnership, association, corporation, company, service provider or non service provider as defined under Chapter 11.14, or organization of any kind.

H.

"Permittee" means any person holding a permit from the City of Port Angeles for the performance of any construction or excavation work within a right-of-way of the City.

I.

"Right-of-way" means:

1.

A dedicated or owned right-of-way or easement of the City within the boundaries which may be located a street, highway, sidewalk, alley, avenue or other structure used for pedestrian or vehicular traffic or a utility structure or appurtenance or approved street tree or landscaping. A right-of-way or easement is included within the definition of "right-of-way" whether such right-of-way or easement is currently used or not; or

2.

Land acquired or dedicated for a street, highway, sidewalk, alley, avenue or other structure used for pedestrian or vehicular traffic, or a utility structure or appurtenance and easements for which, under City ordinances and other applicable laws, the City has authority to grant use permits, master permits, franchises, licenses or leases for use thereof or has regulatory authority thereover, and which may be more specifically defined in the master permit, license or lease granting any right to or use thereof.

J.

"Permit, use permit, right-of-way use permit, or right-of-way construction permit" refer to the legal authorization, in addition to a master permit, to enter and use a specified portion of the City's rights-of-way for the purpose of installing, repairing, or removing identified facilities.

K.

"Street tree" means all native or planted trees in the public right-of-way of 1.5 inch caliper diameter or larger, measured five inches above the base.

L.

"Work" means any construction or excavation within a right-of-way of the City. "Work" does not include routine maintenance or new service connection drops to customers, unless such maintenance or service connection drops are new pole attachments or disturb the other joint pole users or the roadbed or in any substantial manner obstruct the flow of traffic.

(Ord. 3567 § 1, 12/20/2016; Ord. 3366 § 1, 6/26/2009; Ord. 3087 § 1 (part), 6/29/2001; Ord. 2166 § 1, 9/1/1981)

It is unlawful for any person to perform any work in a City right-of-way without first having obtained a permit therefor from the City Engineer as provided in this chapter.

A.

The City may require that a service provider constructing, relocating, or placing ducts or conduits in public rights-of-way provide the City with additional ducts or conduits and related structures necessary to access the conduit, consistent with RCW 80.36.150.

B.

Notwithstanding any other provision of this chapter, the City may negotiate an agreement with a service provider constructing, relocating, or placing ducts or conduits in public rights-of-way to provide the City with additional ducts or conduits and related structures necessary to access the conduit.

(Ord. 3087 § 1 (part), 6/29/2001; Ord. 3018 § 1 (part), 5/14/1999; Ord. 2166 § 2, 9/1/1981)

No application for a permit shall be received, nor shall any permit be issued, other than to a licensed and bonded contractor of the State; provided, that if all work to be done under a permit is outside the outer boundaries of a traveled and improved street, highway, or avenue, and the fair market value of the work is equal to or less than $3,500.00, then a permit may be issued to other than a licensed and bonded contractor.

(Ord. 3018 § 1 (part), 5/14/1999; Ord. 2166 § 3, 9/1/1981)

A.

A written application for the issuance of a permit shall be submitted to the City Engineer, on a form and in a manner required by him.

B.

At a minimum, the application shall state the name and address of the applicant, the nature, location, and purpose of the work to be performed, the name of the person who will perform the work, the date of commencement and date of completion of the work, and such other data as may reasonably be required by the City Engineer.

C.

The City Engineer may require that the application be accompanied by plans and/or specifications showing the extent of the proposed work, the dimensions and elevations of the existing ground prior to any excavation, and of the other proposed elevated surfaces, the location of the work, and such other information as may reasonably be required by the City Engineer.

(Ord. 3719 § 1, 9/5/2023; Ord. 3018 § 1 (part), 5/14/1999; Ord. 2662 § 1, 12/27/1991; Ord. 2166 § 4, 9/1/1981)

A.

Notwithstanding any other provision of this chapter, the City must act on a request for a use permit or right-of-way construction permit within 30 days of receipt of a completed application, unless the applicant consents to a different time period or the applicant has not obtained yet a master permit required by the City.

B.

The City Engineer shall examine each application to determine if it complies with the provisions of this chapter. The City Engineer shall cause to be inspected the premises which are desired to be used, or otherwise ascertain any facts which may aid in determining whether a permit shall be granted.

C.

If the City Engineer finds that the application conforms to the requirements of this chapter, and that the proposed work will not unduly interfere with the right of the public in the right-of-way, he may grant the permit.

D.

If an application is denied, the applicant may appeal the denial by the City Engineer to the City Manager. The City Manager shall review the application, to ascertain that the denial is based upon nonconformance of the application with the terms of this chapter, and/or a determination that the proposed work will interfere with the rights of the public in the right-of-way.

E.

If the City Manager upholds the denial of the permit, the applicant may appeal the denial to the City Council. The City Council shall review the application on the same basis as the application was reviewed by the City Manager.

(Ord. 3366 § 1, 6/26/2009; Ord. 3087 § 1 (part), 6/29/2001; Ord. 3018 § 1 (part), 5/14/1999; Ord. 2166 § 5, 9/1/1981)

Editor's note— The last sentence of § 11.08.050(E) was corrected to reflect the intent of Ord. 3366.

A fee, as set forth in a resolution authorized by Chapter 1.25 PAMC, see Appendix A, is required for a permit for work in a right-of-way, in addition to all other fees for permits or charges relative to any proposed work.

(Ord. 3719 § 1, 9/5/2023; Ord. 2745 § 2, 1/29/1993; Ord. 2166 § 6, 9/1/1981)

After approval of the plans and specifications, the City Engineer will provide the applicant with an estimate of the construction inspection fee in an amount as set forth in a resolution authorized by Chapter 1.25 PAMC, which is in addition to any permit fee and must be paid as a deposit prior to permit issuance. If the City Engineer determines that the remaining funds on deposit are not adequate to pay for the inspections required to project completion, the applicant will be so notified and provided with an estimate of the amount of additional fee deposit required. This additional fee will be deposited with the City Treasurer prior to depletion of the funds on deposit. Any monies unexpended from the deposit will be refunded to the depositor upon completion and acceptance of the project.

(Ord. 3719 § 1, 9/5/2023; Ord. 2662 § 2, 12/27/1991)

A.

The City shall provide each permittee a written permit.

B.

It shall be the duty of the permittee hereunder to keep the permit posted in a conspicuous place at the site of the work.

C.

It is unlawful for any person to exhibit such permit at or about any excavation not covered by such permit, or to misrepresent the number of the permit, or the date of the expiration of the permit.

(Ord. 2166 § 7, 9/1/1981)

The following work shall not require a permit:

A.

Any work performed by or under the direction of the City Engineer of the City, including work performed by employees of the City or any person contracting with the City;

B.

Any work within the external boundaries of a subdivision, for which approval has been given by the Council or other approving authority of the City.

(Ord. 2166 § 8, 9/1/1981)

A permittee doing work whose fair market value is greater than $3,500.00 shall provide assurance to the City of completion of that work, by one of the following methods:

A.

Furnishing a performance bond, approved as to surety by the City Manager and as to form by the City Attorney, which bond shall be conditioned upon faithful completion of that portion of the work performed pursuant to the permit which will require completion by the City should the permittee or his contractor default. The amount of such bond shall be determined by the City Engineer;

B.

Furnishing to the City an assignment of a savings account, or the placing in trust, of an amount determined by the City Engineer to be sufficient to assure completion of the work. This savings account or trust shall be conditioned so that no amount may be removed therefrom without prior written approval of the City, and shall further provide that, if the work is not performed within the time limit set by the permit, or not done to the satisfaction of the City, then the City may withdraw from the savings account or trust the amount necessary to complete the work.

(Ord. 3018 § 1 (part), 5/14/1999; Ord. 2166 § 9, 9/1/1981)

As a condition of permit issuance, a permittee shall agree to indemnify, defend, and hold the City harmless from, and defend the City against, any claims for personal injury or property damage arising out of or in any way connected with, the performance by the permittee of any work within the rights-of-way of the City pursuant to the issued permit.

(Ord. 3550 § 1, 2/16/2016; Ord. 2166 § 10, 9/1/1981)

Any permittee receiving a permit under the terms of this chapter, shall provide to the City satisfactory proof of the existence of a comprehensive liability insurance policy providing coverage of not less than $1,000,000.00 for personal injury to any one person, $3,000,000.00 for injury to more than one person arising out of the same incident, and $100,000.00 for property damage, against claims arising pursuant to permits issued pursuant to this chapter. The permittee shall obtain and deliver to the City an endorsement to such policy, naming the City as an additional insured.

(Ord. 3550 § 1, 2/16/2016; Ord. 3018 § 1 (part), 5/14/1999; Ord. 2166 § 11, 9/1/1981)

Except as otherwise provided in this chapter, all work performed pursuant to a permit issued pursuant to this chapter shall be done in accordance with: 1) the Standard Specifications for Road, Bridge and Municipal Construction, issued by the Washington State Chapter of the American Public Works Association and Department of Transportation, current edition; and 2) the City of Port Angeles Urban Services Standards and Guidelines Manual.

Existing poles to be used. To the extent possible, permittees shall use existing poles and conduit. Additional poles may not be installed in the right-of-way, nor may pole capacity be increased by vertical or horizontal extenders, without the permission of the City.

To minimize disruption of public passage or infrastructure, to forestall or relieve exhaustion of public rights-of-way capacity, or to protect environmentally sensitive areas, the City may require as a condition of issuing any public rights-of-way permit for erection of new poles or construction of underground conduit, the installation of which requires excavation of or along any traveled way, that the permittee provide pole space or empty conduits in excess of its own present and reasonably foreseeable requirements for the purpose of accommodating the City and/or other permittees and licensees.

(Ord. 3550 § 1, 2/16/2016; Ord. 3366 § 1, 6/26/2009; Ord. 2745 § 3, 1/29/1993; Ord. 2166 § 12, 9/1/1981)

Where there is an existing cement concrete curb, any sidewalk installed or repaired in that location shall be constructed with cement concrete, permeable pavement, or any equally satisfactory material approved by the City Engineer.

(Ord. 3567 § 1, 12/20/2016; Ord. 2166 § 13, 9/1/1981)

Driveways shall be constructed in accordance with the following specifications:

A.

The maximum single driveway width for commercial or multi-family properties shall not exceed 24 feet at the curb, excluding transitions.

B.

The maximum single driveway width for single-family residential properties shall not exceed 20 feet at the curb, excluding transitions.

C.

The minimum single driveway width shall be ten feet at the curb, excluding transitions.

D.

Where two or more adjoining driveways are provided for the same property, a full curb height safety island of not less than 15 feet, at the curb, must be provided. The safety island can be vegetated with grass or landscaping, or planted with trees. If the safety island must be paved, permeable pavement should be used if feasible.

E.

No driveway apron shall extend into the street further than the face of the curb.

F.

No driveway shall be located within 25 feet, including transitions, of a regular crosswalk area at an intersection or any other designated crosswalk area.

G.

No driveway shall be located within ten feet, including transitions, of a side lot line.

H.

No driveway may be located so as to conflict with power poles, street lights, fire hydrants, established street tree, or other above ground public facilities.

I.

Two-track driveway designs are allowed and encouraged on private property.

(Ord. 3567 § 1, 12/20/2016; Ord. 3366 § 1, 6/26/2009; Ord. 2886 § 1, 9/15/1995; Ord. 2166 § 14, 9/1/1981)

Whenever an existing driveway is abandoned, relocated or ceases to be used as a driveway, the curb opening provided shall be restored to normal curb height in a manner satisfactory to the City Engineer, within 30 days after notification by the City Engineer that restoration shall occur. Such restoration shall be the responsibility of the property owner of record, and shall be performed pursuant to a permit issued under the terms of this chapter.

(Ord. 2166 § 15, 9/1/1981)

A.

All residential driveways shall be constructed of one of the following:

1.

Pervious concrete [preferred] per American Concrete Institute (ACI) 522.1-13;

2.

Class 3000 cement concrete, not less than six inches thick;

3.

Porous asphalt as specified on a project-by-project basis by the project's design professional and approved by the City Engineer.

Exposed aggregate work or special surface treatment shall not be allowed in public right-of-way. Driveways shall be constructed in conformance with the standard specifications adopted by this chapter.

B.

All commercial or industrial driveways shall be constructed in accordance with specifications provided by the City Engineer.

C.

All driveways shall slope upward from the gutter at not less than one-quarter inch to one foot. Curb height at a depressed driveway shall be one-half inch.

(Ord. 3567 § 1, 12/20/2016; Ord. 2886 § 2, 9/15/1995; Ord. 2166 § 16, 9/1/1981)

The City Engineer, upon application, may grant special permission to construct driveways deviating from the specifications of this chapter. Before granting such permission, the City Engineer shall affirmatively determine that the public use of a street or sidewalk will not be adversely affected by such special permission, and that such special permission shall have no effect upon the safety of the public using the street or sidewalk.

(Ord. 3366 § 1, 6/26/2009; Ord. 2166 § 17, 9/1/1981)

A.

The permittee shall take appropriate measures to assure that, during the performance of the work, pedestrian and vehicular traffic conditions as nearly normal as possible shall be maintained at all times, so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public.

B.

The City Engineer may permit the closing of streets to all traffic for a period of time prescribed by him, if in his opinion it is necessary for completion of the permitted work. The following procedure shall be followed before any street may be closed or restricted to traffic:

1.

Permittee shall receive the approval of the City Engineer and Police Department;

2.

Permittee shall notify the Chief of the Fire Department of the street so closed;

3.

The permittee shall route and control traffic as directed by the City Engineer and Police Department;

4.

Upon completion of the construction work, the permittee shall notify the City Engineer, the City Police Department and Fire Department of the return of the street to normal operation;

5.

If determined necessary by the City Engineer, flagmen or other protective measures shall be furnished by the permittee, at his expense, during the period of closure. Should it be necessary to provide a detour for traffic, and no existing street exists for such detour, the permittee shall construct a necessary detour at his expense, in conformity with the terms of this chapter.

(Ord. 2166 § 18, 9/1/1981)

A.

The permittee shall erect and maintain suitable barriers to prevent earth from trenches or other excavations from encroaching upon the streets, except as may be reasonably necessary for execution of the work.

B.

As determined by the City Engineer, the permittee may be required to construct and maintain adequate and safe crossings over excavations of streets under improvement, to permit continued vehicular and pedestrian traffic to use the street or street intersection. Such crossings shall, at a minimum, be constructed and maintained of plank, timbers, and blocking of adequate size to accommodate vehicular and pedestrian traffic with safety.

(Ord. 2166 § 19, 9/1/1981)

Any work performed pursuant to this chapter shall be performed and conducted so as not to interfere with access to fire stations and fire hydrants. Materials or other obstructions shall not be placed within 15 feet of fire hydrants. Passageways leading to fire escapes or firefighting equipment shall be kept free of all obstructions.

(Ord. 2166 § 20, 9/1/1981)

A.

Permittee shall, at all times, at his expense, preserve and protect from injury any public or private property adjoining the location of the work, by taking all necessary measures for such purpose.

B.

If it is necessary for the proper performance of the work that adjoining property be entered upon, the permittee shall obtain a license or other permission from the owner of said property for such purposes. Such license or permission shall be presented to the City Engineer as a portion of the application for the permit, and the City Engineer shall not issue a permit until such time as all necessary licenses have been obtained and presented to him.

(Ord. 2166 § 21, 9/1/1981)

A.

Permittee shall not interfere with any existing utilities without the written consent of the utility company or person owning the utility.

B.

If it is necessary to remove an existing utility, this shall be done by the owner, at the expense of the permittee.

C.

The permittee shall support and protect, by timbers or otherwise, all pipes, conduits, poles, wires or other apparatus which may in any way be affected by the work, and do everything necessary to support, sustain and protect those facilities.

D.

In case any of such utilities shall be damaged by the work, it shall be repaired by the owner thereof, at the expense of the permittee.

E.

The permittee shall inform itself, prior to commencing work, as to the existence and location of all underground utilities and protect the same against damage, in accordance with the provisions of this section.

(Ord. 2166 § 22, 9/1/1981)

A.

The permittee will be responsible for all damage of any kind to the streets or highways of the City as a result of performance of work under the terms of the permit granted pursuant to this chapter, including damage done by mobile equipment required to be present at the site.

B.

All damage shall be repaired by the permittee, or if the City Engineer determines, such damage shall be repaired by the City, and the cost thereof shall be billed to the permittee.

C.

If, upon being ordered to repair the damage, the permittee fails to furnish the necessary labor and materials for the repairs, the City shall have the authority to cause such labor and materials to be furnished by the City and the cost shall be charged against the permittee.

(Ord. 2166 § 23, 9/1/1981)

It is unlawful for any person to leave unguarded any excavation within four feet of any street or other public place, or to fail to maintain the lateral support of any such public place.

(Ord. 2229 § 20(2), 9/5/1982; Ord. 1005 § 15, 7/15/1934)

A.

The permittee shall erect such fence, railing or barriers about the site of the excavation work and shall prevent danger to persons using the City streets or sidewalks, and such protective barriers shall be maintained until the work shall be completed or the danger removed. One-half hour before sunset, there shall be placed upon such place of excavation, excavated materials, and upon the protective barriers, suitable and sufficient lights which shall be kept burning throughout the night during the maintenance of such obstructions.

B.

It is unlawful for anyone to remove or tear down the fence or railing or other protective barriers or any lights provided there for the protection of the public.

(Ord. No. 3478, § 2, 5-21-2013; Ord. 2166 § 24, 9/1/1981)

A.

All material excavated from trenches and piled adjacent to the trench or in any street shall be properly maintained in such manner as not to endanger those working on the trench, pedestrians or users of the streets, so that as little inconvenience as possible is caused to those using the streets and adjoining property.

B.

Where the confines of the area being excavated are too narrow to permit the piling of excavated materials beside the trench, the City Engineer shall have the authority to require that the permittee haul the excavated material to a storage site, and then rehaul it to the trench site at the time of backfilling. It is the permittee's responsibility to secure the necessary permission and make all necessary arrangements for all required storage and disposal.

(Ord. 2166 § 25, 9/1/1981)

A.

At the conclusion of the work at a particular site, all streets and private property shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work.

B.

Such cleanup work shall be performed within 24 hours of conclusion of the work, or as otherwise directed by the City Engineer, and at the expense of the permittee. Should the permittee, after having received an order to do so, failed to clean up such refuse, such work shall be done by the City, either by itself or by contractor, and the cost thereof charged to the permittee.

(Ord. 2166 § 26, 9/1/1981)

A.

The permittee shall provide for the flow of all watercourses, sewers or drains which are involved in the work, and shall replace the same in as good condition as it found them or shall make such provisions for them as the City Engineer may direct.

B.

The permittee shall not obstruct the gutter of any street, but shall use all proper measures to provide for the free passage of surface water.

C.

The permittee shall make provisions to take care of all surplus water, muck, silt, or other runoff pumped or resulting from the work, and shall be responsible for any damages resulting from his failure to so provide.

D.

The permittee shall manage stormwater impacts associated with construction activities as described in Volume II of the Department of Ecology's SWMMWW (2014).

(Ord. 3567 § 1, 12/20/2016; Ord. 2166 § 27, 9/1/1981)

A.

If, in the performance of any work, it is necessary to break through existing pavement, the pavement shall be removed to at least six inches beyond the outer limits of any subgrade that is to be disturbed, in order to prevent settlement, and a six-inch shoulder of undisturbed material shall be provided on each side of the excavated trench. Pavement shall be vertical.

B.

A power driven concrete saw shall be used so as to prevent complete breakage of concrete pavement or base without ragged edges. Asphalt paving shall be scored or otherwise cut in a straight line. No pile driver may be used in breaking up existing pavement.

(Ord. 2166 § 28, 9/1/1981)

Tunnels under pavement shall not be allowed, except where required or permitted by the City Engineer.

(Ord. 3366 § 1, 6/26/2009; Ord. 2166 § 29, 9/1/1981)

Controlled density backfill (CDF) material will be required in any excavated area occurring in any portion of a paved street or alley to within one foot behind the curb or edge of paving, unless otherwise approved in advance of construction by the City Engineer.

(Ord. 3018 § 1 (part), 5/14/1999; Ord. 2166 § 30, 9/1/1981)

A.

Permittee shall compact the backfill to the top of the trench, and shall then notify the City Engineer that the excavation and backfill work is complete. Pavement shall be patched in accordance with the patching requirements specified in Chapter 3 of the City of Port Angeles Urban Services Standards and Guidelines Manual.

B.

The permanent restoration of the streets shall be made by the City, after the permittee has completed his work.

C.

The permittee may be required to place a temporary surface over openings made in paved traffic lanes. When such temporary surface is required, the fill above the bottom of the paving slab shall be made with suitable material, in accordance with section 11.08.300, and this fill shall then be topped with a minimum of at least one-inch bituminous mixture, which is suitable to maintain the opening in good condition until permanent restoration can be made. The crown of such temporary restoration shall not exceed one inch above the adjoining pavement. The permittee shall exercise special care in making such temporary restorations, and must maintain such restoration in a safe traveling condition until such time as a permanent restoration can be made. Asphalt which is used shall be in accordance with specifications of the City Engineer.

D.

If, in the judgment of the City Engineer, it is not expedient or necessary to replace the pavement over any cut or excavation made in the street, upon completion of the work allowed under such permit, by reason of the looseness of the earth or weather conditions, he may direct the permittee to lay a temporary pavement of wood, asphalt, or other suitable material designated by him over such cut or excavation, to remain until such time as repair of the original pavement may be properly made.

E.

Acceptance or approval of any work by the City Engineer shall not prevent the City from asserting a claim against the permittee for incomplete or defective work, if it is discovered within 12 months from the completion of the work. The City Engineer's presence during the performance of any excavation work shall not relieve the permittee of its responsibilities hereunder.

(Ord. 3567 § 1, 12/20/2016; Ord. 2166 § 31, 9/1/1981)

The permittee shall prosecute with diligence and expedite all work, and shall promptly complete such work and restore the street in accordance with the provisions of this chapter, as soon as practicable, and in any event, not later than the date specified in the permit.

(Ord. 2166 § 22, 9/1/1981)

If, in the judgment of the City Engineer, traffic condition, the safety or convenience of the traveling public, or the public interest require that the excavation work be performed in a shorter period than otherwise possible, the City Engineer may order, at the time the permit is granted, that a crew of men and adequate facilities be employed by the permittee greater than eight hours per day, to the end that such excavation work may be completed as soon as possible.

(Ord. 2166 § 34, 9/1/1981)

A.

Each permittee shall conduct and carry out the excavation work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce to the fullest extent practicable in the performance of the excavation work noise, dust, and unsightly debris. The permittee shall manage stormwater impacts associated with construction activities as described in Volume II of the Department of Ecology's SWMMWW (2014).

B.

Between the hours of 10:00 p.m. and 7:00 a.m., the permittee shall not use, except with the express written permission of the City Engineer, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants in the neighboring property.

(Ord. 3567 § 1, 12/20/2016; Ord. 2166 § 35, 9/1/1981)

The permittee shall not disturb any surface monuments or hubs found in the line of excavation work, until authorized to do so by the City Engineer. All street monuments, property corners, bench marks and other monuments disturbed by the progress of the work shall be replaced by the City Engineer, and the cost of the same shall be paid by the permittee.

(Ord. 2166 § 36, 9/1/1981)

The City Engineer shall make such inspections as are reasonably necessary in the enforcement of this chapter. The City Engineer shall have the authority to promulgate and cause to be enforced such rules and regulations as must be reasonably necessary to enforce and carry out the intent of this chapter.

(Ord. 2166 § 37, 9/1/1981)

A.

The City reserves the right to reject any installation not inspected and approved by the Department of Public Works and Utilities.

B.

Upon completion of the work, the applicant shall provide the Department of Public Works and Utilities with as-built drawings, except those exempted by the City Engineer, in a form acceptable to the City Engineer that accurately depict the work performed.

C.

No construction work will be accepted or approved until satisfactory as-built drawings are provided.

(Ord. 2662 § 3, 12/27/1991; Ord. 2166 § 38, 9/1/1981)

This Chapter shall not be construed as imposing upon the City or any official or employee any liability or responsibility for damages to any person injured with the performance of any work for which a permit has been issued. The City and its officials or employees shall not be deemed to have assumed any liability or responsibility by reason of inspections authorized hereunder, the issuance of any permit, or the approval of any work.

(Ord. 2166 § 39, 9/1/1981)

Any person violating any provision of this chapter is guilty of a misdemeanor, and shall be punished by a fine not to exceed $500.00. Each day that a violation continues shall constitute a separate offense.

(Ord. 2166 § 40, 9/1/1981)

For the purpose of this chapter, the following words have the meaning designated herein unless the context indicates otherwise:

A.

"City" means the City of Port Angeles.

B.

"City Council" or "Council" means the City Council of the City of Port Angeles.

C.

"Director of Public Works" means the Director of the Public Works and Utilities Department of the City of Port Angeles or his authorized designee.

D.

"Exhibition" means a display of goods or articles for a period of not less than 11 consecutive calendar days, open to the public, wherein not less than seven persons under the sponsorship of the applicant exhibit goods or articles and where any such goods or articles are sold or offered for sale at retail or are displayed upon the public streets or rights-of-way of the City. Examples of exhibitions are: Agricultural show, industrial show, sports show, trade show, sidewalk sales, street fairs, public markets, carnivals, parades, demonstrations, running events, and civic-sponsored events.

E.

"Permit" means a "right-of-way use permit" issued by the Department of Public Works and Utilities.

F.

"Planting strip" means that portion of the right-of-way, if any, between a street and the adjacent sidewalk.

G.

"Right-of-way" means:

1.

A dedicated or owned right-of-way or easement of the City within the boundaries of which may be located a street, highway, sidewalk, alley, avenue or other structure used for pedestrian or vehicular traffic or a utility structure or appurtenance. A right-of-way or easement is included within the definition of "right-of-way" whether such right-of-way or easement is currently used or not.

2.

Land acquired or dedicated for a street, highway, sidewalk, alley, avenue or other structure used for pedestrian or vehicular traffic, or a utility structure or appurtenance and easements for which, under the City ordinances and other applicable laws, the City has authority to grant use permits, master permits, franchises, licenses or leases for use thereof or has regulatory authority thereover, and which may be more specifically defined in the master permit, license or lease granting any right to or use thereof.

3.

"Rights-of-way" for the purpose of this chapter do not include buildings, parks, poles, conduits or similar facilities or property owned by or leased to the City, including, by way of example and not limitation, structures in the right-of-way such as utility poles, light poles and bridges.

H.

"Sidewalk" means that portion of the right-of-way, if any, which is designed for pedestrian use, adjacent and parallel to a street. "Sidewalk" includes the area which would otherwise be a planting strip, if the area is either covered with cement or is otherwise used for pedestrian travel.

I.

"Street" means that portion of the right-of-way, if any, which is used for vehicular travel, including alleys.

J.

"Unopened right-of-way" means a right-of-way which is not used for either pedestrian or vehicular travel.

(Ord. 3088 § 1, 6/29/2001; Ord. 3018 § 2 (part), 5/14/1999; Ord. 3007 § 1 (part),1/15/1999; Ord. 2350 § 1, 7/23/1985)

Except as may be specifically provided by this chapter, it is unlawful to erect, maintain or allow to remain on any street in the City a permanent or temporary structure or thing which in any way obstructs, hinders, jeopardizes, injures or delays the use of the street for either vehicular or pedestrian travel; provided, that the City may close any street or alley at any time. The street or alley may be closed on a temporary basis when the Director of Public Works and Utilities, the Chief of Police and/or the Fire Chief determines such closure to be necessary to protect the public health, safety or welfare. A street or alley may be closed permanently upon approval of the City Council.

(Ord. 3018 § 2 (part), 5/14/1999; Ord. 2350 § 1, 7/23/1985)

Notwithstanding the provisions of Section 11.12.020 of this chapter, construction or excavation work shall be exempt from the terms of this chapter, provided that a permit for such work issued under Chapter 11.08 of this Code shall constitute the permit necessary for such work.

(Ord. 2350 § 1, 7/23/1985)

Notwithstanding the provisions of section 11.12.020 of this chapter, a permit for an obstruction of an unopened or unoccupied street of the City for a period not to exceed one year may be issued by the Director of Public Works and Utilities; provided, however, that no such permits shall be issued to any person, firm, or corporation which does not own the underlying fee title to the portion of the street sought to be obstructed, and no such permit shall be transferable.

(Ord. 2350 § 1, 7/23/1985)

Notwithstanding the provisions of section 11.12.020 of this chapter, the following obstructions of right-of-way may be permitted if a permit therefor is obtained from the City under this chapter; provided that the Director of Public Works and Utilities and the Chief of Police shall determine what traffic barricades, if any, are necessary, and the City will provide such barricades and shall be reimbursed therefor by the applicant:

A.

Exhibitions;

B.

Temporary devices such as scaffolding, barricades and/or pedestrian walkways, which may be permitted under certain conditions as specified by the City Engineer, where the right-of-way use is necessary to improve the safety of construction work on private property and where an excavation permit is not required.

(Ord. 2350 § 1, 7/23/1985)

Except as may be specifically provided by this chapter, it is unlawful to erect, maintain or allow to remain on any sidewalk or planting strip of the City any temporary or permanent structure or thing which in any way obstructs, hinders, jeopardizes, injures or delays the use of the sidewalk or planting strip for pedestrian traffic; or hinders or obstructs the use of the adjacent street for vehicular traffic, including, but not limited to, structures or devices used for advertising an adjacent business, permanent landscaping or the use of the sidewalk for sale or display of merchandise, except as otherwise provided by this chapter.

(Ord. 3366 § 2, 6/26/2009; Ord. 2350 § 1, 7/23/1985)

A.

When the obstruction of a sidewalk consists of either ice, snow, mud, dirt, earth, plant refuse, paper, debris or other accumulated material, the abutting property owner shall, within 24 hours after the deposit of such material upon such sidewalk, remove such material from that portion of the sidewalk upon which such owner's property abuts.

B.

Any accumulation of ice, snow, mud, dirt, earth, plant refuse, paper, debris or other material that shall remain more than 48 hours upon a sidewalk is hereby declared a public nuisance. When the owner of the abutting property refuses to comply with the requirements of Subsection A of this Section after demand therefor by either the Director of Public Works and Utilities Department; his designated staff; Code Compliance staff; or the Chief of Police of the City, the Public Works and Utilities Department, under the direction of the Chief of Police, shall cause such accumulation to be removed. All expenses of such removal, including the costs of litigation, if necessary, shall be chargeable to the owner or other person having charge of the abutting property.

(Ord. 3328 § 1, 4/25/2008; Ord. 2350 § 1, 7/23/1985)

Notwithstanding the provisions of section 11.12.060 of this chapter, the following obstructions shall be permitted on sidewalks or planting strips without a permit, provided that the obstructions do not violate any other law, ordinance, standard, or policy:

A.

Merchandise being moved into or out of an adjacent business, provided that such merchandise does not remain on the sidewalk or planting strip for more than eight hours;

B.

Fire hydrants;

C.

Planters and other landscaping placed by the City;

D.

Benches and bicycle racks placed by the City;

E.

Telephone, telegraph and light poles, placed either by the City or pursuant to franchise granted by the City;

F.

Flagpoles or standards therefor placed by the City;

G.

Traffic-control devices placed by the City;

H.

Refuse containers and materials set our for refuse and recyclables collection, either placed directly by the City, or where the location of the container is on a sidewalk or planting strip as required by the City;

I.

Newspaper dispensers or news racks;

J.

Solicitation by civic or non-profit organizations;

K.

Any other obstruction sought to be placed upon a sidewalk by the City for a public purpose.

(Ord. 3328 § 2, 4/25/2008; Ord. 3198 § 2, 5/13/2005; Ord. 3018 § 2 (part), 5/14/1999; Ord. 2350 § 1, 7/23/1985)

Notwithstanding the provisions of section 11.12.060 of this chapter, the following obstructions of sidewalks or planting strips may be permitted, if a permit therefor is obtained from the City under this chapter:

A.

Benches;

B.

Litter receptacles;

C.

Clocks;

D.

Bicycle racks placed by private parties;

E.

Telephone booths;

F.

Landscaping including street trees planted in accordance with City standards;

G.

Additions to the facades of buildings existing on the effective date of this chapter, which buildings are built up to the right-of-way line of the public street; provided that such addition shall not exceed six inches in width;

H.

Sidewalk cafes, provided that such permit shall last for one calendar year and must be renewed each year;

I.

Any other sidewalk or planting strip obstruction which is determined to provide a public benefit, although the obstruction constitutes a private use of the public street;

J.

Fences, retaining walls, terracing, and other similar structures;

K.

Retail stands which are approved in accordance with PAMC Chapter 17.26.

(Ord. 3328 § 3, 4/25/2008; Ord. 3018 § 2 (part), 5/14/1999; Ord. 3007 § 1 (part), 1/15/1999; Ord. 2350 § 1, 7/23/1985)

A.

Application for a permit for a street, sidewalk or planting strip obstruction under sections of this chapter shall be made to the Department of Public Works and Utilities upon a form provided by that department.

B.

The application for a permit shall contain such information as is required by the Department of Public Works and Utilities, including, but not limited to:

1.

A description of the obstruction;

2.

Drawings and specifications for the obstruction, sufficient so that its compliance with this chapter may be reviewed by the department;

3.

A description of the method of compliance with the standards for installations for sidewalk obstructions established by provisions of this chapter.

C.

Upon receipt of an application, the Department of Public Works and Utilities shall forward the application to such City Departments as the Director of the Public Works and Utilities Department shall deem appropriate for comment. Such comments shall be received by the Director within 14 days of forwarding the application for comment.

(Ord. 2350 § 1, 7/23/1985)

A.

For a permit sought under this chapter, the Department of Public Works and Utilities shall determine whether the application complies with the standards and terms of this chapter. If the application does comply with this chapter and is in the public interest, the Public Works and Utilities Department may issue a permit for the placement of an obstruction.

B.

If the Public Works and Utilities Department denies the permit, it shall so indicate to the applicant in writing, stating the reasons for the denial.

C.

The applicant for the permit may appeal such denial to the City Council for review. A written notice of appeal shall be made to the City Clerk within 13 days of mailing by certified mail, or ten days of personal delivery, of the denial by the Public Works and Utilities Department.

D.

At its next meeting after receipt of the appeal, the City Council shall determine, based upon the report of the Public Works and Utilities Department, whether the application complies with the terms and standards of this chapter. The City Council may affirm or reverse, or affirm with alterations, the action of the Department of Public Works and Utilities. In such a review by the City Council, the applicant for the permit shall be afforded the opportunity to be heard by the Council.

E.

The Council shall make written findings of fact supporting its determination, which shall be entered into the minutes of the Council.

(Ord. 2350 § 1, 7/23/1985)

A.

Application and renewal fees are set forth in a resolution authorized by Chapter 1.25 PAMC, see Appendix A.

B.

Superceding permits—Refund of prior fee. The application fee for a right-of-way use permit paid pursuant to this section shall be refunded to the applicant in the event all of the following conditions are satisfied:

1.

A right-of-way use permit was issued to the applicant; and

2.

Subsequently and within 60 days of issuing the first right-of-way use permit, another right-of-way use permit is issued to the same or any other applicant; and

3.

The subsequent permit covers a larger geographical area than the first permit and includes the area covered by the first permit; and

4.

The subsequent permit allows substantially the same use or activity as the prior permit; and

5.

A fee is collected for the subsequent permit.

(Ord. 3719 § 1, 9/5/2023; Ord. 3363, 5/15/2009; Ord. 3018 § 2 (part), 5/14/1999; Ord. 2350 § 1, 7/23/1985)

Each obstruction proposed to be placed upon a sidewalk, street or planting strip of the City shall comply, at a minimum, with the following standards:

A.

The location of the obstruction shall be consistent with the paramount right of the public to use the street, sidewalk or planting strip for transportation purposes.

B.

The location of the obstruction, and/or the obstruction itself, shall be adequately lighted for night visibility, if the obstruction area is not lighted and pedestrians are present at night.

C.

The location of the obstruction shall not constitute a traffic hazard either by itself, or by its effect upon the visibility of persons using the street or sidewalk.

D.

If locations for the particular type of obstruction are required by the existence of other structures, obstructions, ordinances or other regulations, the obstruction shall be located where so required.

E.

The obstruction shall not be permitted for longer than the period necessary for accomplishing the proposed purpose for such obstruction.

F.

All other State and local ordinances will be applicable and shall be complied with.

G.

The applicant must demonstrate that it is necessary to use the public street, sidewalk or planting strip, and that there is no other means available to accomplish the desired purpose, except by the use of the public right-of-way, street or planting strip.

H.

No one shall plant in any public right-of-way any street tree of which the roots cause injury to the sewers, water mains, sidewalks or pavements, the height of which interferes with overhead utility wires or which breed disease dangerous to other trees or to the public health. No one shall allow to remain in any public right-of-way any street tree which has become dead or is in such condition as to be hazardous to the public use of the street and/or sidewalk, and any such trees now existing in any such planting strip or abutting street area shall be removed or properly pruned at the expense of the abutting property owner as may be directed by the City. No new tree shall be planted within 2.5 feet of any sidewalk or pavement, except as may be otherwise approved.

I.

No flowers, shrubs or trees shall be allowed to overhang or prevent the free use of the sidewalk or roadway, or street maintenance activity or utility use of the street except that trees may extend over the sidewalk when kept trimmed to a height of seven feet above same, and 15 feet above arterials and 14 feet above all other roadways. Trees so placed shall also be trimmed so as to remain below power lines if present.

(Ord. 3567 § 2, 12/20/2016; Ord. 3366 § 2, 6/26/2009; Ord. 3328 § 4, 4/25/2008; Ord. 2350 § 1, 7/23/1985)

The following shall constitute minimum conditions to be applied to the permit:

A.

The applicant for a permit shall execute a hold-harmless guaranty to the City, agreeing to hold the City harmless from and defend the City against any causes of action for personal injury or property damage arising out of, or in any way connected with, the placement of the obstruction on the City street, sidewalk or planting strip.

B.

The applicant shall provide, and maintain in force a certificate of insurance, or a bond of like amount, with the City named as an additional insured, insuring against property damage or personal injury, with limits of not less than $300,000.00 per incident, $300,000.00 per person, and $100,000.00 property damage, except for benches, litter receptacles, bicycle racks, and private planters, other landscaping, fences, walls and others so exempted by the Director of Public Works and Utilities.

C.

The property owner or applicant shall maintain the obstruction, in compliance with the standards and conditions imposed upon the placement of the obstruction by the City. Maintenance of the obstruction shall include the removal of litter and/or debris which may accumulate on or around the obstruction.

D.

For permanent structures placed in the right-of-way, including but not limited to fences higher than 30 inches, rockeries, walls, stairs and ramps, the applicant (property owner) for a permit shall execute an "agreement to remove encroachment within public right-of-way." Such agreement shall guarantee removal of the encroaching improvements upon public rights-of-way within 60 days' written notice from the Director of Public Works and Utilities and shall be recorded by the City with the County Auditor as an encumbrance on the property adjoining the public right-of-way. Such work shall be done in accordance with the requirements deemed necessary by the Director of Public Works and Utilities and at the cost of the property owner. If the obstruction is not removed, then the obstruction shall be declared a nuisance.

(Ord. 2350 § 1, 7/23/1985)

A.

Any permit issued pursuant to this chapter is subject to termination upon written notification by the City Public Works and Utilities Department at any time, without cause, and the permit shall so state on its face.

B.

Any person who has a permit terminated may appeal such termination to the City Council, by giving written notice of such appeal, within 13 days of mailing by certified mail, or ten days by personal delivery, of the termination by the Public Works and Utilities Department. The City Council shall consider the appeal at its next possible public meeting after the filing of the notice of appeal, and may uphold or reverse the termination.

(Ord. 2350 § 1, 7/23/1985)

All obstructions violating this chapter are hereby declared to be nuisances and may be abated in accordance with Chapter 8.30 PAMC, except that signs or other objects located within City right-of-way in violation of this chapter may be removed by the City without notice and destroyed.

(Ord. 3681 § 7, 11/3/2021; Ord. 2350 § 1, 7/23/1985)

Any person violating any provision of this chapter or Chapter 11.12 of the Port Angeles Municipal Code shall be guilty of a Class II misdemeanor and sentenced according to Title 9 of this Code; provided, that any person who has been convicted, pled guilty or forfeited bail, within two years prior to the date of the incident or incidents forming the basis of a charge, to a previous crime under this chapter, shall be guilty of a Class I misdemeanor and sentenced according to Title 9 of this Code. Each day that a violation continues shall constitute a separate offense.

(Ord. 2350 § 1, 7/23/1985)

This chapter applies to all trees located within public rights-of-way of the City of Port Angeles (City), referred to as "Street Trees." Nothing in this chapter applies to trees on other property. The provisions of this chapter are intended to supplement, and not to repeal or supersede, other applicable sections of the Port Angeles Municipal Code (PAMC).

(Ord. 3511 § 1, 7/15/2014)

Street trees provide a wide range of environmental, social, aesthetic and economic benefits.

The City of Port Angeles City Council hereby finds that these benefits include:

A.

Improvement of air quality through absorption of carbon dioxide, production of oxygen, and removal of particulate materials.

B.

Conservation of energy through reduction of weather impacts by shade production and wind moderation.

C.

Reduction of stormwater impacts by modifying runoff patterns to improve water quality; reduce surface erosion and the risk of landslides; reduce siltation and water pollution in the City's streams and the waters of the Port Angeles Harbor; and reduced flood hazard.

D.

Provision of habitat for wildlife.

E.

Increased property values.

F.

Enhancement of appearance and character of neighborhoods.

G.

Relief from adverse impacts from environmental conditions including wind, rain, and sun.

(Ord. 3511 § 1, 7/15/2014)

A.

The purpose of this chapter is to establish a system and framework for the management of the street trees, to promote the health of the tree canopy located within the City's rights-of-way, and to provide minimum standards for the preservation, protection and enhancement of the street trees to:

1.

Enhance economic opportunities over the long-term by maintaining Port Angeles as an attractive and progressive community.

2.

Safeguard and enhance property values.

3.

Reduce the adverse impacts of development to existing land uses and the environment by providing relief from traffic, noise, heat, glare, dust, and debris.

4.

Preserve and enhance the City's physical and aesthetic character by discouraging indiscriminate removal or destruction of street trees.

5.

Ensure that appropriate tree species are planted.

6.

Manage trees which pose a threat, danger, or nuisance to public safety, public and private property, or interfere with City utilities or infrastructure.

7.

Promote the public health, safety, and general welfare of the citizens of Port Angeles while encouraging the reasonable development of land.

8.

Implement policies of the City's Comprehensive Plan.

9.

Meet the requirements to attain Tree City USA status established by the National Arbor Day Foundation, as directed by the City Council.

(Ord. 3511 § 1, 7/15/2014)

The definitions contained in the City of Port Angeles Urban Services Standards and Guidelines Manual and in the American National Standards Institute's Tree, Shrub, and Other Woody Plant Maintenance - Standard Practices, A300 Parts 1, 2, and 3, a copy of which will be kept on file by the City, are incorporated herein by this reference.

(Ord. 3511 § 1, 7/15/2014)

A.

For new development, redevelopment and land divisions in all zones, street tree requirements are as follows:

1.

All trees planted in the right-of-way shall be selected from the list of City approved street trees. The "List of Approved Street Trees" is established in the Port Angeles Urban Services Standards and Guideline Manual.

2.

A street tree planting plan shall be submitted to and approved by the Community Forester as part of any development permit application. All proposed trees shall be shown on the plan with the species indicated.

3.

Street trees shall be planted within the public right-of-way in accordance with the details provided in the current Urban Services Standards and Guidelines.

4.

The owner shall install the street tree(s) specified on the landscape plan prior to the issuance of final project approval or issuance of certificate of occupancy. Street tree plantings may be delayed between May 1 and October 1. In this case, the owner shall provide an assurance acceptable to the City for any required tree planting. The assurance must be provided prior to approval and acceptance and/or the issuance of a certificate of occupancy.

5.

Trees planted in rigid cells are encouraged and preferred in urban areas where feasible.

B.

Street tree requirements in previously developed area. In addition to the above requirements, the following also apply:

1.

Approval by the Community Forester and the Public Works and Utilities Department shall be required to plant, remove or prune trees in the public right-of-way. Approval shall include, but not be limited to:

a.

A right-of-way use permit per Chapter 11.12 PAMC;

b.

A utility locate;

c.

A review of planting site, plant type, plant quality and planting or pruning techniques proposed.

2.

When street trees(s) are removed, trees greater than six inches in diameter at breast height (4.5 feet above ground level) shall be replaced at a ratio of two new trees per removed tree, all trees less than six inches in diameter shall be replaced at a ratio of one new tree per removed tree.

3.

Where new street trees cannot be planted due to portions of rights-of-way having been previously paved or otherwise rendered unsuitable to plant trees, a fee-in-lieu of planting is required. Such fee shall be determined by the Community Forester per City Policy and deposited into the Community Forestry Fund.

C.

Street tree maintenance.

1.

The Community Forester shall have the right to either conduct or authorize any trimming, pruning, maintenance and/or removal activities for all street trees and trees located on City property as may be necessary for public safety or in support of the goals of a "community forestry plan".

2.

Street tree maintenance shall be in compliance with standards for tree care as outlined in the Urban Services Standards and Guidelines.

3.

Minor tree pruning may be performed by the owner of property adjoining the right-of-way in which a street tree is located with prior approval from the Community Forester.

4.

Major pruning or removal of large or significant street trees requires prior approval by the Community Forester. A request to conduct major pruning or tree removal shall first be referred to the Community Forester for a recommendation. Major pruning is defined in the Urban Services and Standards Guidelines.

5.

For major pruning or removal of a large or significant street tree, the applicant must demonstrate that major tree pruning or removal is necessary for one or more of the following reasons:

a.

The tree, or a portion of the tree proposed for removal is deemed a hazard tree by certified arborist or Community Forester;

b.

The tree, or a portion of the tree proposed for removal, is dead;

c.

The tree, or a portion of the tree proposed for removal is diseased or infested with an invasive insect pest and no remedial treatment is available;

d.

That the retention of the tree will have a material, adverse and unavoidable impact on the use of the property.

6.

A maintenance responsibility notation indicating that the required street tree maintenance is the responsibility of the adjoining property owners shall be placed on all final plats.

D.

Removal of stumps. All stumps of street trees shall be removed so that the top of the stump shall not project above the surface of the ground.

E.

Abuse or mutilation of trees prohibited.

1.

It is unlawful for any person to intentionally damage, carve or otherwise injure any street tree and may be considered abuse or mutilation of a tree subject to remedial action under Chapter 2.90 PAMC.

2.

Pruning of street trees that does not meet the best management practice standards as established in the Urban Services Standards and Guidelines Manual may be considered abuse or mutilation of a tree subject to remedial action under Chapter 2.90 PAMC.

(Ord. 3681 § 8, 11/3/2021; Ord. 3567 § 3, 12/20/2016; Ord. 3511 § 1, 7/15/2014)

A.

This chapter establishes the policy of the City as it relates to the management and preservation of street trees located within its rights-of-way.

B.

A Community Forester shall be appointed by the City Manager.

1.

The Community Forester shall prepare a manual that defines the specific measures as necessary to implement the provision of this chapter. The manual shall include:

a.

A list of approved trees for planting in street rights-of-way.

b.

Planting, staking and guying guidelines.

c.

Pruning guidelines.

d.

Fertilization, irrigation and pest management guidelines.

e.

Definitions.

f.

Standards for planting and maintenance of street trees consistent with this chapter.

2.

All work performed on community street trees pursuant to this chapter shall be done within a 60-day period from issuance of approval, or such other period as may be agreed upon by the applicant and the permitting authority.

3.

The Community Forester may add conditions to the authorization for the removal of a community street tree with tree replacement. The full cost of removal and replacement, if so conditioned, shall be borne by the abutting property owner. Such condition will be supported by a written justification.

C.

Tree valuation method. See tree preservation and protections section 11.13.050.F(2) PAMC.

D.

Community forestry account. There is hereby established a special revenue account to act as a community forestry account into which shall be deposited all assessments, fines, gifts designated for trees, money generated from compensatory payments, and the sale of forest products and wood, along with other sums appropriated in the budget from the City's general fund, street fund, utility funds, or grants. The account shall support the community forest program for the purposes of planning, planting, maintenance, protection, inspection, public education and removal of community street trees and trees on City-owned properties.

E.

Assurance of work completion. A property developer or owner shall provide assurance, as warrantee for the success of any street trees required as a condition of subdivision approval planted in the right-of-way for a period of two full growing seasons after the approval and/or acceptance thereof by the City. The assurance will be required for residential developments within one year of the date of recording a final plat or before the final certificate of occupancy is issued for the development or use, whichever case occurs first.

1.

The surety shall be in the amount of 150 percent of the estimated cost of removing, replacing, and establishing any required street trees and shall be coordinated with other related.

2.

An itemized estimate shall be provided by the owner and based on a written quotation from a licensed commercial landscape contractor and deemed to be acceptable to the Community Forester.

3.

The Community Forester shall make an inspection and notify the owner or developer of any corrections to be made within the period covered by the bond.

4.

Nonliability of the City of Port Angeles. Nothing in this chapter is intended to or shall be construed to impose any liability upon the City or any of its officers, agents, or employees.

5.

Enforcement. It shall be the duty of the Community Forester to further the goals of this chapter. The Community Forester shall have the authority to approve alternate methods of compliance with the provisions of this chapter when the overall purpose and intent of this chapter and/or specific guidelines can be met by such alternatives.

(Ord. 3511 § 1, 7/15/2014)

A.

Findings and purpose.

1.

The City Council finds that it is in the public interest to permit use of the City's rights-of-way and to establish standards for use of the rights-of-way for service providers and other operators of telecommunications systems, in a manner which:

(a)

Encourages competition by establishing non-discriminatory terms and conditions under which service providers and other operators of telecommunications systems may use valuable public property to serve the public.

(b)

Protects the public interest in the use of the limited physical capacity of the public rights-of-way.

(c)

Protects the public and the City from any harm resulting from such private use of rights-of-way and preserves and improves the aesthetics of the community.

(d)

Protects and carries out the regulatory authority of the City and recovers administrative costs, in a manner consistent with federal and state law.

2.

The City Council finds that the City's rights-of-way, other City property, and utility facilities such as its poles and conduits within the City constitute valuable public property:

(a)

That can be partially occupied by private companies and other entities for facilities used in the delivery, conveyance, and transmission of telecommunications, utility and public services rendered for profit, to the enhancement of the health, welfare, and general economic well being of the City and its citizens; and

(b)

That are a unique resource so that proper management by the City is necessary, to maximize the efficiency and minimize the costs to the taxpayers of the foregoing uses and to minimize the inconvenience and negative effects, including degradation, upon the public from such facilities' construction, emplacement, relocation, and maintenance in the rights-of-way.

3.

Therefore, the purpose and intent of this chapter is to:

(a)

Permit and manage reasonable access to the limited physical capacity of the available public rights-of-way of the City for telecommunications purposes in a non-discriminatory, competitively neutral, and non-exclusive way to the extent required under applicable law.

(b)

Encourage open competition and the provision of advanced and high quality telecommunications services on the widest possible basis to the businesses, institutions, and residents of the City, while eliminating unnecessary local regulation of telecommunications service providers and services.

(c)

Promote and encourage competition for voice, data, video, and video programming services that make the latest and best technology available and keep service prices affordable for all City residents and businesses.

(d)

Encourage universal access to telecommunications and video programming services for all residents and businesses.

(e)

Encourage investments by telecommunications service providers to enhance economic development programs and provide jobs, opportunities, and choices for its citizens.

(f)

Encourage economic development while preserving aesthetic and other community values and preventing proliferation of above ground facilities.

(g)

Enable the City to discharge its public trust consistent with rapidly evolving federal and state regulatory policies, industry competition, and technological development.

(h)

Recover the City's current and ongoing costs of granting and regulating private access to and use of the public rights-of-way from the persons and businesses seeking such access and causing such costs, in a non-discriminatory manner.

(i)

Establish a local policy concerning cable systems and open video systems that use the public rights-of-way.

(j)

Promote the availability of diverse, multimedia information resources to the community over cable systems and open video systems; enhance educational opportunities throughout the community and build a stronger community.

(k)

Encourage the provision of advanced and competitive cable or open video system services on the widest possible basis to the businesses, institutions and residents of the City.

(Ord. 3550 § 2, 2/16/2016; Ord. 3083 § 1 (part), 6/29/2001)

For the purposes of this chapter, the following terms, phrases, words, and abbreviations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular number; and words in the singular number include the plural number; and the masculine gender includes the feminine gender. The words "shall" and "will" are mandatory, and "may" is permissive. Words not defined in this chapter shall have the same meaning as in Title VI of the Communications Act of 1934, as amended, 47 U.S.C. §§ 521 et seq., and if not defined therein, their common and ordinary meaning. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority. If specific provisions of law referred to herein are renumbered, then the reference shall be read to refer to the renumbered provision. References to laws, ordinances or regulations shall be interpreted broadly to cover government actions, however nominated, and include laws, ordinances and regulations now in force or hereinafter enacted or amended.

A.

"Access," "PEG access," or "PEG use" refers to the availability of a cable system or open video system for public, education or government use (including institutional network use) by various agencies, institutions, organizations, groups, and individuals, including the City of Port Angeles and its designated access providers, to acquire, create, and distribute programming not under a franchisee's editorial control.

B.

"Affiliate" means a person, who (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with another person.

C.

"Applicant" means any person or entity that applies for any right-of-way license, franchise, lease, or other permit pursuant to this chapter.

D.

"Application fee" means the charge specified in section 11.14.110 herein, and designed to recover the City's actual administrative costs in processing applications for any right-of-way license, franchise, lease or other permit pursuant to this chapter, including applications for the transfer thereof.

E.

"Basic service" means any service tier regularly provided to all subscribers which includes the public, educational, and government access channels and the retransmission of local television broadcast signals.

F.

"Cable communications system" means the Cable Communications Policy Act of 1984, 47 U.S.C. 521 et seq., as amended by the Cable Television Consumer Protection and Competition Act of 1992, as further amended by the Telecommunications Act of 1996, and as may be further amended from time to time.

G.

"Cable communications system" refers to open video systems (OVS) and cable systems.

H.

"Cable facilities" has the same meaning as "cable system".

I.

"Cable system" means a facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include:

1.

A facility that serves only to retransmit the television signals of one or more television broadcast stations;

2.

A facility that serves subscribers without using any public right-of-way;

3.

A facility of a common carrier which is subject, in whole or in part, to the provisions of Title II (Common Carriers) of the Communications Act of 1934, as amended, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services;

4.

Any facilities of any electric utility used solely for operating its electric utility systems; or

5.

An open video system that is certified by the FCC.

A reference to a cable system includes pedestals, equipment enclosures (such as equipment cabinets), amplifiers, power guards, nodes, cables, fiber optics and other equipment necessary to operate the cable system.

J.

"Cable television service" means the one-way transmission to subscribers of video programming and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.

K.

"Channel" means a time or frequency slot or technical equivalent on the cable system, discretely identified and capable of carrying full motion color video and audio, and may include other non-video subcarriers and digital information.

L.

"City" means the City of Port Angeles, a municipality of the State of Washington, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.

M.

"City Manager" means the City Manager and the City Manager's designee.

N.

"City property" means and includes all real property, utility poles, conduits, bridges and other facilities owned or controlled by the City, other than public streets and utility easements as those terms are defined herein, and all property held in a proprietary capacity by the City, which are not subject to right-of-way licensing and master permitting as provided in this chapter.

O.

"Construction, operation or repair" and similar formulations of those words, indicating actions, interpreted broadly, encompassing, among other things, installation, extension, maintenance, replacement of components, relocation, undergrounding, grading, site preparation, adjusting, testing, make-ready, and excavation.

P.

"Council" means the City Council of the City of Port Angeles, Washington.

Q.

"Director" means the Director of Public Works and Utilities of the City of Port Angeles and his/her designee.

R.

"Downstream channel" means a channel designed and activated to carry a transmission from the headend to other points on a cable communications system, including interconnections.

S.

"Educational access" or "educational use" means access where educational institutions are the primary or designated programmers or users having editorial control over their communications.

T.

"Emergency" means a condition of imminent danger to the health, safety and welfare of property or persons located within the City including, without limitation, damage to persons or property from natural consequences, such as storms, earthquakes, riots or wars.

U.

"Excess capacity" means the volume or capacity in any existing or future duct, conduit, manhole, handhole or other utility facilities within the right-of-way that is or will be available for use for additional telecommunications facilities.

V.

"Facilities" has the same meaning as telecommunications facilities.

W.

"Facilities lease" or "lease" means the legal authorization to occupy and use specific City property and/or specific areas of City right-of-way for the specified time and under the specified terms as agreed to between the City and the lessee.

X.

"FCC" or "Federal Communications Commission" means the federal administrative agency or lawful successor, authorized to regulate and oversee telecommunications, cable and open video carriers, operators and providers on a national level.

Y.

"Fiber optics" means the technology of guiding and projecting light for use as a communications medium.

Z.

"Franchise" means the prior authorization, granted by the City to the operator of a cable communications system giving the operator the non-exclusive right to occupy the space in, under, over or across rights-of-way of the City to provide a specified service within the City. Such franchises do not include and are not a substitute for:

1.

Any other permit or authorization required for the privilege of transacting and carrying on a business within the City required by the ordinances and laws of the City;

2.

Any permit, agreement or authorization required in connection with operations on or in public streets or property, including by way of example and not limitation, right-of-way construction, use and street cut permits;

3.

Any permits or agreements for occupying any City property or property of private entities to which access is not specifically granted by the franchise including, without limitation, permits and agreements for placing devices on or in any City property including, without limitation, poles, conduits, buildings, other structures or railroad easements, or property of a private entity; or

4.

The right to place devices in the right-of-way, such as pay telephones, for end user use in terminating or originating transmissions.

By way of example, and without limiting the foregoing, this chapter shall not be read to diminish or in any way affect the authority of the City to control and charge for the use of its real estate, fixtures or personal property. Therefore, any person who desires to use such property must obtain additional approvals, master permits, use permits or agreements for that purpose, as may be required by the City or state law.

AA.

"Franchisee" means the person, firm or corporation to whom or which a franchise, as defined in this section, was previously granted by the City and the lawful successor, transferee or assignee of said person, firm or corporation subject to such conditions as may be established in this chapter.

BB.

"Franchise area" means the area of the City that a franchisee is authorized to serve by the terms of its franchise or by operation of law.

CC.

"Franchise fee."

1.

In consideration of the grant and exercise of a franchise to construct, install, operate, or provide services using facilities in the public rights-of-way, a franchisee shall pay to the City a franchise fee expressed as a percentage of gross revenues. The franchise shall specify the fee to be paid, and the gross revenues to be included in the fee calculation. If a franchise granted pursuant to this chapter specifies a franchise fee established as the result of limiting applicable law, the City shall have the option to renegotiate the amount of the franchise fee upon a change in applicable law. Nothing herein requires a person to pay amounts in excess of any limits that may be established by state or federal law.

2.

UVPP fees. A UVPP (unaffiliated video program provider) that provides services using a cable communications system for which charges are assessed to subscribers, but are not received by the franchisee, shall pay a fee in lieu of a franchise fee on such service pursuant to the franchise fee calculation contained in the franchisee's franchise.

DD.

"Government access" or "government use" means access where government institutions or their designees are the primary or designated programmers or users having editorial control over their communications.

EE.

"Grantee" means the holder of a franchise right-of-way license, master permit, use permit or facilities lease.

FF.

"Gross revenues" means all cash, credits, property, or other consideration of any kind or nature received directly or indirectly by a franchisee or its affiliates, from any source whatsoever arising from, attributable to, or in any way derived from a franchisee's operation of a cable communications system to provide cable service within the franchise area. Gross revenues include, but are not limited to, fees charged to subscribers for cab; fees charged to subscribers for any optional, premium, per-channel, or per-program service; monthly fees charged to subscribers for any tier of service other than basic service; installation, disconnection, re-connection, and change-in-service fees; leased channel fees; fees, payments, or other payment received as consideration from programmers for carriage of programming on the cable communications system; converter rentals or sales; studio rental, production equipment, and personnel fees; advertising revenues, including a per capita share of advertising revenues for advertising carried on more than one cable communications system; revenues from home shopping channels; sales of programming guides; late fees; and such other revenue sources as may now exist or hereafter develop. The definition shall be interpreted in a manner that permits the City to collect the maximum franchise fee permitted by law, irrespective of the source of revenue. Gross revenues, however, shall not include any bad debt (defined as unpaid subscriber or advertiser accounts), any taxes on services furnished by a franchisee or UVPP and imposed directly upon any subscriber or user (as opposed to the franchisee or UVPP) by the state, City, or other governmental unit and collected by a franchisee or UVPP on behalf of said governmental unit. The franchise fee is not such a tax, and the amount paid as a franchise fee shall not be deducted from gross revenues.

GG.

"License" or "right-of-way license" refers to the legal authorization, in lieu of a franchise or master permit, to use a particular, discrete, and limited portion of the public rights-of-way to construct, maintain or repair a telecommunications facility or a private telecommunications system by a non-service provider. The term license or right-of-way license shall not mean or include:

1.

Any other permit or authorization required for the privilege of transacting and carrying on a business within the City;

2.

Any other permit, agreement or authorization required in connection with operations on public streets or property, including by way of example and not limitation, right-of-way construction permits or use permits as defined in Chapter 11.08 PAMC;

3.

Any permits or agreements for occupying any City property or property of private entities to which access is not specifically granted by the right-of-way license including, without limitation, permits and agreements for placing devices on or in any City property including, without limitation, poles, conduits buildings, other structures or railroad easements, or property of a private entity; or

4.

The right to place devices in the right-of-way, such as pay telephones, for end-user use in originating and terminating transmissions, otherwise authorized, such as by a facilities lease.

HH.

"Master permit" means the agreement between the City in which it grants general permission to a service provider to enter, use, and occupy the right-of-way for the purpose of locating facilities. For purposes of this chapter, a franchise, except for a cable television franchise, is a master permit.

A cable television franchise granted pursuant to this chapter shall, with respect to the cable services provided by a cable communications system operator, be in lieu of the master permit license required by this chapter.

The term master permit shall not mean or include:

1.

Any other permit or authorization required for the privilege of transacting and carrying on a business within the City.

2.

Any other permit, agreement or authorization required in connection with operations on public streets or property, including by way of example and not limitation, right-of-way construction permits and use permits as defined in Chapter 11.08 PAMC.

3.

Any permits or agreements for occupying any other property of the City or private entities to which access is not specifically granted by the master permit including, without limitation, permits and agreements for placing devices on or in poles, conduits other structures, or railroad easements, whether owned by the City, or a private entity.

4.

The right to place devices in the right-of-way, such as pay telephones, for end-user use in originating and terminating transmissions, otherwise authorized, such as by a facilities lease.

II.

"Non-service provider" means any person installing, constructing, monitoring or operating a private telecommunications system or installing, constructing, maintaining facilities, including but not limited to, conduit and/or unlit dark fiber located in the right-of-way that is not used to provide telecommunications service for hire, sale or resale to the general public.

JJ.

"Open video system" or "OVS" means a facility consisting of a set of transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service, which includes video programming, which is provided to multiple subscribers within a community, and which the Federal Communications Commission or its successor has certified as compliant with Part 76 of its rules, 47 C.F.R., Part 76, as amended from time-to-time.

KK.

"Open video system service" means video programming by means of an open video system.

LL.

"Operator," when used with reference to a system, refers to a person: (a) who, directly or through one or more affiliates, provides service over a cable communications system and directly or through one or more affiliates owns a significant interest in such facility; or (b) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a system.

MM.

"Other ways" means the highways, streets, alleys, utility easements or other rights-of-way within the City; but under the jurisdiction and control of a governmental or private entity other than the City.

NN.

"Overhead facilities" refers to electric utility and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities.

OO.

"PEG" means public, educational, and government access channels collectively.

PP.

"Person" means and includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies and individuals and includes their lessors, trustees and receivers but does not include the City.

QQ.

"Personal wireless service" means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal law and regulations.

RR.

"Private telecommunications facilities" means all of the plant, equipment, fixtures, appurtenances, antennas, and other facilities necessary to furnish and deliver private telecommunications services, including but not limited to, poles with crossarms, poles without crossarms, wires, lines, conduits, cables, communication and signal lines and equipment, braces, guys, anchors, faults, and all attachments, appurtenances and appliances necessary or incidental to the distribution and use of private telecommunications services. "Private telecommunications facilities" also includes any conduit, lines, fiber or unlit dark fiber that is not used to provide telecommunications services for hire, sale or resale to the general public.

SS

"Private telecommunications system" means a telecommunications system controlled by a person or entity for the sole and exclusive use of such person, entity or affiliate thereof, including the provision of private shared telecommunications services within a user group located in discrete private premises in building complexes, campuses or high rise buildings, by such party or entity, but not encompassing in any respect, a system offered for hire, sale or resale to the general public. For the purposes of this chapter, "private telecommunications system" also includes facilities comprised of conduit, lines, fiber or unlit dark fiber located in the right-of-way that are not used to provide telecommunications services for hire, sale or resale to the general public.

TT.

"Private telecommunications system owner" means a person that owns or leases a private telecommunications system.

UU.

"Proposal" means the response, by an individual or organization, to a request by the City regarding the provision of telecommunications services. "Proposal" also includes an unsolicited plan submitted by an individual or organization seeking to provide telecommunications services in the City.

VV.

"Public access" or "public use" means access where organizations, groups, or individual members of the general public, on a non-discriminatory basis, are the primary or designated programmers or users having editorial control over their communications.

WW.

"Public property" means "City property" as defined herein.

XX.

"Public rights-of-way" means "right-of-way" as defined herein.

YY.

"Revocation" means the City's affirmative act of terminating a franchise.

ZZ.

"Right-of-way" means land acquired or dedicated for roads and public streets and easements for which, under City ordinances and other applicable laws, the City has authority to grant master permits, licenses or leases for use thereof, or has regulatory authority thereover, and may be more specifically defined in the master permit, license or lease granting any right to or use thereof. "Rights-of-way" for the purpose of this chapter do not include buildings, parks, poles, conduits or similar facilities or property owned by or leased to the City, including, by way of example and not limitation, structures in the right-of-way such as utility poles, and bridges.

AAA.

"School" means any accredited primary school, secondary school, college, and university.

BBB.

"Service provider" means every corporation, company, association, joint stock association, firm, partnership, or person owning, operating, or managing any facilities used to provide and providing telecommunications or cable television service for hire, sale, or resale to the general public. Service provider includes the legal successor to any such corporation, company, association, joint stock association, firm, partnership, or person.

CCC.

"State" means the State of Washington.

DDD.

"Subscriber" means the City or any person who is lawfully receiving, for any purpose or reason, any cable service via a cable communications system with franchisee's express permission, whether or not a fee is paid for such service.

EEE.

"Surplus space" means that portion of the usable space on a utility pole, or in a duct or conduit which has the necessary clearance from other users, as required by federal or state orders and regulations, to allow its use by a telecommunications carrier for a pole attachment or other telecommunications facility.

FFF.

"Telecommunications facilities" means all of the plant, equipment, fixtures, appurtenances, antennas, and other facilities necessary to furnish and deliver telecommunications services, including but not limited to, poles with crossarms, poles without crossarms, wires, lines, conduits, cables, communication and signal lines and equipment, braces, guys, anchors, faults, and all attachments, appurtenances and appliances necessary or incidental to the distribution and use of telecommunications services.

GGG.

"Telecommunications service" means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means for hire, sale, or resale to the general public. For the purposes of this chapter, "information" means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols. For the purpose of this chapter, "telecommunications service" excludes the over-the-air transmission of broadcast television or broadcast radio signals.

HHH.

"Telecommunications system" means a tangible facility that is used to provide one or more telecommunications services, any portion of which occupies public rights-of-way. The term "telecommunications system" by way of example, and not limitation, includes wires, equipment cabinets, guys, conduit, radio transmitting towers, poles, other supporting structures and associated and appurtenant facilities used to transmit telecommunications signals. The term "telecommunications system" includes all devices mounted on electric utility poles in the public rights-of-way through which telecommunications services are originated or terminated. A cable system is not a telecommunications system to the extent that it provides only cable service and an open video system is not a telecommunications system to the extent that it provides only video services.

III.

"Termination" means the conclusion of a franchise by any means, including, but not limited to, by expiration of its term, abandonment, or revocation.

JJJ.

"Transfer" means any transaction in which: (1) all or a portion of any facilities or any rights to use or operate facilities located in the public rights-of-way are sold, conveyed, transferred, assigned, encumbered (except as set forth herein) or leased, in whole or in part, directly or indirectly, by one or more transactions to another person, whether voluntarily or by operation of law or otherwise (but not including the sale of such facilities that are removed); or (2) there is any change, acquisition, or transfer in the identity of the person in control of the franchisee, or any person that controls franchisee, including, without limitation, by forced or voluntary sale, merger, consolidation, or receivership; or (3) the rights or obligations under the franchise are sold, conveyed, transferred, assigned, assumed, encumbered (except as set forth herein) or leased, in whole or in part, directly or indirectly, by one or more transactions to another person, whether voluntarily or by operation of law or otherwise for purposes of clause (2) above, any transfer or cumulative transfer of a voting interest by a person or group of persons acting in concert of 20 percent or more of franchisee, or person that controls franchisee, or any change in the managing general partners of a franchisee is a change of control. "Transfer" does not include: (1) a lease to a UVPP pursuant to 47 U.S.C. §§ 532 or 573; (2) the transmission of a commodity or electronic signal using facilities on a common carrier basis; (3) a lease or other right to use a franchisee's pole or conduit facilities pursuant to 47 U.S.C. § 224, or (4) a pledge in trust, mortgage or other encumbrance against the facilities or any portion thereof, given to a bona fide institutional lender in connection with a loan or other financing required to secure the construction, operation, or repair of the facilities ("loan"), provided that such loan is subject to the rights and powers of the City pursuant to the franchise and applicable law, including, without limitation, the right of the City to approve any transfer upon foreclosure. "Transferring," "transferor" and "transferee" shall have correlative meanings.

KKK.

"Unaffiliated video program provider" (UVPP) means a person or entity that does not have a franchise but that delivers services using a cable service or other communications service (as that term is used in 47 U.S.C. § 542(h)) to subscribers for which charges are assessed to subscribers but are not received by a franchisee.

LLL.

"Upstream channel" means a channel designed and activated to carry transmissions from a point on the cable communications system, other than the headend, to the headend or another point on the cable communications system.

MMM.

"Usable space" means the total distance between the top of a utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified in any federal or state order or regulation.

NNN.

"Use permit" means the legal authorization from the City, in addition to a master permit or franchise, to enter and use a specified portion of the public rights-of-way for the purpose of installing, repairing, or removing identified facilities.

OOO.

"User" means a person or the City utilizing a channel, capacity or equipment and facilities for purposes of producing or transmitting material, as contrasted with the receipt thereof in the capacity of a subscriber.

PPP.

"Utility easement" means any easement owned by the City and acquired, established, dedicated or devoted for public utility purposes not inconsistent with telecommunications facilities, excluding easements not specifically allowing license, franchise or lease holders.

QQQ.

"Utility facilities" means the plant, equipment and property, including but not limited to the poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the ground within the rights-of-way of the City and used or to be used for the purpose of providing utility and telecommunications services.

RRR.

"Working control" means the ability to affect management decisions. It will be presumed that voting interest of 20 percent or more is considered working control within the meaning of this chapter.

(Ord. 3550 § 2, 2/16/2016; Ord. 3083 § 1 (part), 6/29/2001)

Except as otherwise provided herein, any service provider engaged in the business of telecommunications service of any kind originating or terminating in the City shall obtain an occupation license from the City pursuant to Chapter 5.80, Licensing and Taxation, PAMC, as applicable.

(Ord. 3083 § 1 (part), 6/29/2001)

Except as otherwise provided herein, any person who desires to construct, install, control or otherwise locate telecommunications facilities in, under, over or across any rights-of-way of the City for the sole purpose of providing a private telecommunications system shall first obtain a right-of-way license granting the use of such rights-of-way from the City pursuant to PAMC 11.14.100.

(Ord. 3083 § 1 (part), 6/29/2001)

Except as otherwise provided herein, any person who desires to construct, install, control or otherwise locate telecommunications facilities in, under, over or across any rights-of-way of the City to provide telecommunications service, shall first obtain a master permit granting the use of such rights-of-way from the City pursuant to PAMC 11.14.100.

(Ord. 3083 § 1 (part), 6/29/2001)

Any person asserting an existing state-wide grant based on a predecessor telephone or telegraph company's existence at the time of the adoption of the Washington State Constitution may continue to operate under the existing state-wide grant provided the person provides the City with documentation evidencing the existing state-wide grant. The City may request, but not require, a person asserting an existing state-wide grant to obtain a master permit under this chapter. A person asserting an existing state-wide grant may elect at any time to apply for a superseding master permit under this chapter. All service providers asserting existing state-wide grants or other authority to use and occupy the right-of-way shall be subject to the same requirements as holders of master permits to the extent allowed by state and federal law.

(Ord. 3083 § 1 (part), 6/29/2001)

Any person, including but not limited to service providers and non-service providers, who occupies or desires to locate telecommunications equipment on or in City property, including lands or City-owned physical facilities other than the public rights-of-way, shall not locate such facilities or equipment on City property unless granted a facilities lease from the City pursuant to PAMC 11.14.030. The City reserves unto itself the sole discretion to lease City property for telecommunications facilities, and no vested or other right shall be created by this section or any provision of this chapter applicable to such facilities leases. For purposes of this section, "City property" shall include site-specific locations in the rights-of-way.

(Ord. 3083 § 1 (part), 6/29/2001)

Except as otherwise provided herein, a right-of-way license, master permit, franchise or lease granted pursuant to this chapter or otherwise authorized to use and occupy the public rights-of-way, does not relieve the grantee from its duty to comply with all the federal and state laws, and City ordinances and regulations; and every grantee must comply with the same. Likewise, the rights granted under a permit are subject to the exercise of police and other powers the City now has or may later obtain, including but not limited to the power of eminent domain. Every franchise shall be deemed to incorporate all the requirements of the City Code.

Except as otherwise provided herein, the grantee of a right-of-way license, master permit, franchise or lease granted pursuant to this chapter or otherwise authorized to use and occupy the public rights-of-way, shall, in addition to said right-of-way license, master permit, franchise, lease, or grant be required to obtain a use permit from the City pursuant to Chapter 11.08 PAMC, before performing any work in City rights-of-way. Pole attachments shall meet requirements of Chapter 13.14 PAMC. No work, construction, development, excavation, or installation of any equipment or facilities shall take place within the rights-of-way or upon City property until such time as the use permit is issued except as provided in Titles 11 and 13 PAMC.

Construction, operation, or repair of any facilities authorized under this chapter shall not commence until all required permits have been obtained from the proper City officials and all required fees have been paid. All work performed will be performed in strict accordance with the conditions of the permit. Upon order of the City, any work and/or construction undertaken that is not completed in compliance with the City's requirements, or which is installed without obtaining necessary permits and approvals shall be removed.

(Ord. 3550 § 2, 2/16/2016; Ord. 3083 § 1 (part), 6/29/2001)

A.

Service providers operating without a franchise or master permit or other grant or agreement. Any person operating any facility which requires a master permit under this chapter, other than a person holding a franchise, license or lease under this chapter, or other grant or authority from the City, shall have three months from the effective date of this chapter to file the necessary applications for a master permit under this chapter. Any person timely filing such an application shall not be subject to City remedies under PAMC 11.14.130 hereof for failure to have such a master permit as long as said application remains pending; provided, however, nothing herein shall relieve any person of any liability for failure to obtain any franchise or right-of-way license required under other City ordinances, and nothing herein shall prevent the City from requiring removal of any facilities installed in violation of any such ordinances.

B.

Persons holding leases. Any lessee, under a lease from the City for facilities located on City property that is valid and in force on the effective date of this chapter, may continue to occupy such property to the conclusion of the term of the lease, in accordance with the terms of such lease; provided, however, that such lessee may elect at any time to apply for a superseding lease under this chapter.

(Ord. 3083 § 1 (part), 6/29/2001)

A.

Right-of-way license. A right-of-way license shall be required of any person who occupies or desires to construct, install, control or otherwise locate telecommunications facilities in, under, over or across any rights-of-way of the City, which facilities are not used to provide telecommunications service for hire, sale or resale to the general public or are used for the sole purpose of providing a private telecommunications system.

A right-of-way license is not required for persons already holding master permits for the same telecommunications facilities.

1.

Right-of-way license application. Any person who desires a right-of-way license pursuant to this chapter shall file an application with the City, which shall include the following information:

(a)

The identity of the applicant and the persons who exercise working control over the applicant. Publicly traded entities may provide copies of the pertinent portions of their most recent sworn filing(s) with the Federal Securities and Exchange Commission that evidence any working control ownership interests, to comply with this requirement.

(b)

A description of the telecommunications services that are or will be offered or provided by the applicant over its telecommunications facilities. Only general, non-proprietary information need be provided.

(c)

Whether the applicant intends to provide cable service, open video service or other video programming service, and sufficient information to determine whether such service is subject to the City's cable franchising requirements. Only general, non-proprietary information need be provided.

(d)

A network map of existing and proposed facilities to be located within the City, all in sufficient detail to identify:

(i)

The location and route requested for the applicant's proposed facilities, including any environmentally sensitive areas that may be subject to City's State Environmental Protection Act (SEPA) ordinance;

(ii)

The specific trees, structures, improvements, stormwater facilities/BMPs facilities and obstructions, if any, that the applicant proposes to temporarily or permanently remove or relocate; and

(iii)

To the extent known at the time of application, the location(s) where there are or will be interconnections of telecommunications facilities by the applicant.

2.

Map format/media. The Director shall have the discretion to prescribe the format and/or media of said maps, consistent with City ordinances and policies. To the extent compatible with the City's electronic mapping software, the applicant shall provide said maps in a computer readable electronic format, together with the following information:

(a)

A description of the transmission medium that will be used by the applicant to offer or provide such private telecommunications services.

(b)

A description of the City's existing available facilities, such as utility poles, conduits, vaults, etc., that the applicant proposes to use to provide such private telecommunications services in accordance with applicable City regulations and requirements.

(c)

If the applicant is proposing to install overhead facilities, evidence that surplus space is available for locating its private telecommunications facilities on existing utility poles along the proposed route.

(d)

If the applicant is proposing an underground installation in existing ducts or conduits within the rights-of-way, evidence that surplus space is available for locating its private telecommunications facilities in such existing ducts or conduits along the proposed route.

(e)

A preliminary construction schedule and completion date.

(f)

Information establishing that the applicant has obtained all other governmental approvals, permits and facilities leases, to construct the facilities.

(g)

All deposits or charges and application fees required pursuant to this chapter.

3.

Determination by the City. Within 90 days after receiving a complete application under PAMC 11.14.100.A, the Director shall issue a written determination granting or denying the right-of-way license in whole or in part. If the right-of-way license is denied, the written determination shall include the reasons for denial. The decision to grant or deny an application for a right-of-way license shall be based upon the following standards:

(a)

Whether the applicant's private telecommunications system which will occupy the right-of-way has received all requisite licenses, certificates and authorizations from the Federal Communications Commission, the Washington Utilities and Transportation Commission, or any other federal or state agency having jurisdiction.

(b)

Whether the application demonstrates that adequate technical, financial and legal resources are available to perform the requirements of this ordinance.

(c)

The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the right-of-way license is granted.

(d)

The public interest in minimizing the cost and disruption of construction within the rights-of-way.

(e)

The effect, if any, on public health, safety and welfare if the right-of-way license is granted.

(f)

The availability of alternate routes and/or locations for the proposed facilities.

(g)

Applicable federal and state telecommunications laws, regulations and policies.

4.

Agreement. No right-of-way license shall be deemed to have been granted hereunder until the applicant and the City have executed a written agreement setting forth the particular terms and provisions under which the grantee has been granted the right to occupy and use rights-of-way of the City.

5.

Term of right-of-way license. Unless otherwise specified in a right-of-way license, a right-of-way license granted hereunder shall be valid for a term of five years, subject to renewal as provided in this chapter.

6.

Nonexclusive grant. No right-of-way license granted under this chapter shall confer any exclusive right, privilege, license or franchise to occupy or use the rights-of-way of the City for delivery of telecommunications services or any other purposes.

7.

Rights granted. No right-of-way license granted under this chapter shall convey any right, title or interest in the rights-of-way, but shall be deemed a right-of-way license only to use and occupy the rights-of-way for the limited purposes and term stated in the right-of-way license. Further, no right-of-way license shall be construed as any warranty of title.

8.

Specified route. A right-of-way license granted under this chapter shall be limited to a grant of specific rights-of-way and defined portions thereof.

9.

Amendment of right-of-way license. A new application shall be required of any person who desires to extend or locate its private telecommunications facilities in rights-of-way of the City, which are not included in a right-of-way license previously granted under this chapter. If ordered by the City to locate or relocate its private telecommunications facilities in rights-of-way not included in a previously granted right-of-way license, the City shall grant an amendment to the right-of-way license without further application.

10.

Renewal of right-of-way license. A grantee that desires to renew its right-of-way license under this chapter for an additional term shall, not more than 180 days nor less than 90 days before expiration of the current right-of-way license, file an application with the City for renewal which shall include the following:

(a)

The information required pursuant to PAMC 11.14.100.A.

(b)

Any information required pursuant to the right-of-way license agreement between the City and the grantee.

(c)

All deposits or charges and application fees required pursuant to this chapter.

11.

Renewal determination. Within 90 days after receiving a complete application for renewal, the Director shall issue a written determination granting or denying the renewal application in whole or in part. If the renewal application is denied, the written determination shall include the reasons for denial. The decision to grant or deny an application for the renewal of a right-of-way license shall, in addition to the standards set forth in PAMC 11.14.100.A.3., be based upon the following standards:

(a)

The continuing capacity of the rights-of-way to accommodate the applicant's existing facilities.

(b)

The applicant's compliance with the requirements of this chapter and the right-of-way license.

(c)

Applicable federal, state and local telecommunications laws, rules and policies.

12.

Obligation to cure as a condition of renewal. No right-of-way license shall be renewed until any ongoing violations or defaults in the grantee's performance under the right-of-way license, or of the requirements of this chapter, have been cured, or a plan detailing the corrective action to be taken by the grantee has been approved by the City.

B.

Master permit. A master permit shall be required of any service provider who desires to construct, install, control or otherwise locate telecommunications facilities in, under, over or across, any right-of-way of the City, and to provide telecommunications service for hire, sale or resale to the general public; provided, however, that a right-of-way license in accordance with PAMC 11.14.100.A. may, with the approval of the Director, be substituted for a master permit for de minimis (i.e., significantly less than city-wide or route specific) uses of rights-of-way made in conjunction with a telecommunications system located entirely upon publicly or privately owned property.

1.

Master permit application. Any person that desires a master permit pursuant to this chapter shall file an application with the City which shall include:

(a)

The identity of the applicant and the persons who exercise working control over the applicant. Publicly traded entities may provide copies of the pertinent portions of their most recent sworn filing(s) with the Federal Securities and Exchange Commission that evidence any working control ownership interests, to comply with this requirement.

(b)

A description of the telecommunications services that are or will be offered or provided by the applicant over its telecommunications facilities. Only general, non-proprietary information need be provided.

(c)

Whether the applicant intends to provide cable service, open video service or other video programming service, and sufficient information to determine whether such service is subject to the City's cable franchising requirements. Only general, non-proprietary information need be provided.

(d)

At the time of the application, a network map of existing and proposed facilities to be located within the City, all in sufficient detail to identify:

(i)

The location and route requested for applicant's proposed facilities, including any environmentally sensitive areas that may be subject to the City's SEPA ordinance.

(ii)

The specific trees, structures, improvements, stormwater facilities/BMPs facilities and obstructions, if any, that the applicant proposes to temporarily or permanently remove or relocate; and

(iii)

To the extent known at the time of application, the names of other telecommunications carriers, operators or providers to which there will be an interconnection of telecommunications facilities by the applicant.

(e)

An accurate map showing the location of any existing telecommunications facilities in the City that applicant intends to use or lease to the extent not previously provided.

(f)

The area or areas of the City that the applicant desires to serve and the initial schedule, if any, for build-out to the master area.

(g)

All deposits or charges and application fees required pursuant to this chapter.

2.

Determination by the City. Within 120 days after receiving a complete application under PAMC 11.14.100.B. hereof, the City shall issue a written determination granting or denying the application in whole or in part unless the applicant agrees to a longer period or the master permit sought requires action of the Council and such action cannot reasonably be obtained within 120 days. If the application is denied, the City's decision shall be supported by substantial evidence contained in the written determination, which shall include the reasons for denial. Prior to granting or denying a master permit under this chapter, the Council shall conduct a public hearing and make a decision based upon the standards set forth below. The Council shall not approve any master permit hereunder until the next regularly scheduled Council meeting following the public hearing. Said standards are:

(a)

Whether the applicant's telecommunications system which will occupy the right-of-way has received all requisite licenses, certificates and authorizations from the Federal Communications Commission, the Washington Utilities and Transportation Commission, or any other federal or state agency having jurisdiction.

(b)

To the extent allowed under applicable law or if the applicant is a provider of cable television service, whether the applicant's application demonstrates adequate technical, financial and legal resources are available.

(c)

The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the master permit license is granted.

(d)

The public interest in minimizing the cost and disruption of construction within the rights-of-way.

(e)

The effect, if any, on public health, safety and welfare if the master permit license is granted.

(f)

The availability of alternate routes and/or locations for the proposed facilities.

(g)

Applicable federal and state telecommunications laws, regulations and policies.

3.

Agreement and ordinance. No master permit shall be deemed to have been granted hereunder until the applicant and the City have executed a written agreement, as adopted by ordinance, which ordinance shall set forth the particular terms and provisions under which the service provider has been granted the right to occupy and use rights-of-way of the City.

4.

Term of master permit grant. Unless otherwise specified in a master permit agreement, a master permit granted hereunder shall be valid for a term of ten years subject to renewal as provided in this chapter.

5.

Nonexclusive grant. No master permit granted under this chapter shall confer any exclusive right or privilege to occupy or use the rights-of-way of the City for delivery of telecommunications services or any other purposes.

6.

Rights granted. No master permit granted under this chapter shall convey any right, title or interest in the rights-of-way, but shall be deemed a master permit only to use and occupy the rights-of-way for the limited purposes and term stated in the master permit. Further, no master permit shall be construed as any warranty of title.

7.

Amendment of master permit grant. A new master permit application and grant shall be required of any person who desires to extend its master permit territory or to locate its telecommunications facilities in rights-of-way of the City which are not included in a master permit previously granted under this chapter. If ordered by the City to locate or relocate its telecommunications facilities in rights-of-way not included in a previously granted master permit, the grantee shall be granted a master permit amendment without further application.

8.

Renewal of master permit. A service provider that desires to renew its master permit under this chapter for an additional term shall, not more than 180 days nor less than 120 days before expiration of the current master permit, file an application with the City for renewal of its master permit, which application shall include the following:

(a)

The information required pursuant to PAMC 11.14.100.A.

(b)

Any information required pursuant to the master permit agreement between the City and the grantee.

(c)

All deposits or charges and application fees required pursuant to this chapter.

9.

Renewal determination. Within 120 days after receiving a complete application for renewal, the City shall issue a written determination granting or denying the renewal application in whole or in part. If the renewal application is denied, the City's decision shall be supported by substantial evidence contained in the determination, which shall include the reasons for denial. Prior to granting or denying renewal of a master permit under this chapter, the Council shall conduct a public hearing and make a decision based upon the standards set forth in PAMC 11.14.100.B.2., and the following additional standards:

(a)

The continuing capacity of the rights-of-way to accommodate the applicant's existing facilities.

(b)

The applicant's compliance with the requirements of this chapter and the master permit agreement.

(c)

Applicable federal, state and local telecommunications laws, rules and policies.

10.

Obligation to cure as a condition of renewal. No master permit shall be renewed until any ongoing violations or defaults in the service provider's performance of the master permit agreement, or of the requirements of this chapter, have been cured, or a plan detailing the corrective action to be taken by the service provider has been approved by the City.

11.

Expedited processing of use permits. A master permit may contain a procedure for expedited processing of a use permit based on reasonable necessity arising from hardship or emergency.

C.

Facilities lease. The Council may, in its sole discretion, approve facilities leases for the location of telecommunications facilities and other facilities upon City property, as that term is defined in this chapter or upon right-of-way as permitted under RCW 35.21.860(1)(e). Neither this section nor any other provision of this chapter shall be construed to create an entitlement or vested right in any person or entity.

1.

Lease application. Any person that desires to solicit the City's approval of a facilities lease for telecommunications facilities pursuant to this chapter shall file a lease application with the City, which shall include the following:

(a)

The identity of the applicant.

(b)

A description of the telecommunications facilities or other equipment proposed to be located upon City property.

(c)

A description of the City property upon which the applicant proposes to locate telecommunications facilities or other equipment.

(d)

Demonstration of compliance with Title 17 PAMC, Zoning, if applicable.

(e)

Preliminary plans and specifications in sufficient detail to identify:

(i)

The location(s) of existing telecommunications facilities or other equipment upon the City property, whether publicly or privately owned.

(ii)

The location and source of electric and other utilities required for the installation and operation of the proposed facilities.

(f)

Accurate scale conceptual drawings and diagrams of sufficient specificity to analyze the aesthetic impacts of the proposed telecommunications facilities or other equipment.

(g)

An accurate map showing the location of any existing telecommunications facilities in the City that applicant intends to use or lease.

(h)

All deposits or charges and application fees required pursuant to this chapter.

2.

Determination by the City. Within 120 days after receiving a complete application under PAMC 11.14.100.C., the City shall issue a written determination granting or denying the application in whole or in part. If the lease application is denied, the written determination shall include the reasons for denial. The decision to grant or deny an application for a facilities lease shall be based upon the following standards:

(a)

Whether the applicant's facilities, which will occupy the City property, have received all requisite licenses, certificates and authorizations from the Federal Communications Commission, the Washington Utilities and Transportation Commission, or any other federal or state agency having jurisdiction.

(b)

Whether the applicant's application demonstrates that adequate technical, financial and legal resources are available.

(c)

The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the lease is granted.

(d)

The public interest in minimizing the cost and disruption of construction upon City property and within the rights-of-way.

(e)

The effect, if any, on public health, safety and welfare if the lease requested is approved.

(f)

The availability of alternate locations for the proposed facilities.

(g)

The potential for radio frequency and other interference with existing public and private telecommunications or other facilities located upon the City property.

(h)

The potential for radio frequency and other interference or impacts upon residential, commercial and other uses located within the vicinity of the City property.

(i)

Applicable federal and state telecommunications laws, regulations and policies.

3.

Agreement. No facilities lease shall be deemed to have been granted hereunder until the applicant and the City have executed a written agreement setting forth the particular terms and provisions under which the lessee has been granted the right to occupy and use the City property.

4.

Term of facilities lease. Unless otherwise specified in a lease agreement, a facilities lease granted hereunder shall be valid for a term of one year, subject to annual renewal as provided in this chapter.

5.

Nonexclusive lease. No facilities lease granted under this chapter shall confer any exclusive right, privilege, license, master permit or franchise to occupy or use City property for delivery of telecommunications services or any other purposes.

6.

Rights granted. No facilities lease granted under this chapter shall convey any right, title or interest in the City property, but shall be deemed a facilities lease only to use and occupy the City property for the limited purposes and term stated in the lease agreement. Further, no facilities lease shall be construed as any warranty of title.

7.

Interference with other users. No facilities lease shall be granted under this chapter unless it contains a provision, which is substantially similar to the following:

"The City may have previously entered into leases with other tenants for their equipment and antennae facilities. Lessee acknowledges that the City may also be leasing the City property for the purposes of transmitting and receiving telecommunications signals from the City property. The City, however, is not in any way responsible or liable for any interference with lessee's use of the City property which may be caused by the use and operation of any other tenant's equipment, even if caused by new technology. In the event that any other tenant's activities interfere with the lessee's use of the City property, and the lessee cannot resolve this interference with the other tenants, the lessee may, upon 30 days' notice to the City, terminate this lease and restore the City property to its original condition, reasonable wear and tear excepted. The lessee shall cooperate with all other tenants to identify the causes of and work towards the resolution of any electronic interference problem. In addition, the lessee agrees to eliminate any radio or television interference caused to City-owned facilities or surrounding residences at lessee's own expense and without installation of extra filters on City-owned equipment. Lessee further agrees to accept such interference as may be received from City-operated telecommunications or other facilities located upon the City property subject to this lease."

8.

Ownership and removal of improvements. No facilities lease shall be granted under this chapter unless it contains a provision, which states that all buildings, landscaping and all other improvements, except telecommunications equipment, shall become the property of the City upon expiration or termination of the lease. In the event that telecommunications facilities or other equipment are left upon City property after expiration or termination of the lease, they shall become the property of the City if not removed by the lessee upon 30 days' written notice from the City.

In the event that the City requires removal of such improvements, such removal shall be accomplished at the sole expense of the lessee and completed within 90 days after receiving notice from the City requiring removal of the improvements, or removal will be accomplished by the City at lessee's expense.

9.

Cancellation of lease by lessee.

(a)

All facilities leases are contingent upon the prospective lessee obtaining all necessary permits, approvals and licenses for the proposed facilities. In the event that the prospective lessee is unable to obtain all such permits, approvals and licenses, it may cancel its lease, and obtain a pro rata refund of any rents paid, without further obligation by giving 30 days' written notice to the City.

(b)

In the event that the holder of a facilities lease determines that the City property is unsuitable for its intended purpose, the lessee shall have the right to cancel the lease upon 120 days' written notice to the City. However, no prepaid rent shall be refundable.

10.

Amendment of facilities lease. Except as provided within an existing lease agreement, a new lease application and lease agreement shall be required of any telecommunications carrier or other entity that desires to expand, modify or relocate its telecommunications facilities or other equipment located upon City property. If ordered by the City to locate or relocate its telecommunications facilities or other equipment on the City property, the City shall grant a lease amendment without further application.

11.

Renewal application. A lessee that desires to renew its facilities lease under this chapter shall, not more than 120 days nor less than 60 days before expiration of the current facilities lease, file an application with the City for renewal of its facilities lease which shall include the following:

(a)

The information required pursuant to PAMC 11.14.100.C.;

(b)

Any information required pursuant to the facilities lease agreement between the City and the lessee;

(c)

All deposits or charges and application fees required pursuant to this chapter.

12.

Renewal determination. Within 60 days after receiving a complete application for renewal, the City shall issue a written determination granting or denying the renewal application in whole or in part. If the renewal application is denied, the written determination shall include the reasons for denial. The decision to grant or deny an application for the renewal of a facilities lease shall, in addition to the standards set forth in PAMC 11.14.100.C.2., be based upon the following additional standards:

(a)

The continuing capacity of the City property to accommodate the applicant's existing facilities.

(b)

The applicant's compliance with the requirements of this chapter and the lease agreement.

(c)

Applicable federal, state and local telecommunications laws, rules and policies.

13.

Obligation to cure as a condition of renewal. No facilities lease shall be renewed until any ongoing violations or defaults in the lessee's performance of the lease agreement, or of the requirements of this chapter, have been cured, or a plan detailing the corrective action to be taken by the lessee has been approved by the City.

14.

There shall be no appeal of the City's determination under PAMC 11.14.100.C.

D.

Appeal of City determination. Any person aggrieved by the granting or denying of a right-of-way license, master permit, use permit or the renewals thereof pursuant to this chapter shall have the right to appeal to the Council as follows:

1.

All appeals filed pursuant to this subsection must be filed in writing with the Director within ten working days of the date of the decision appealed from.

2.

All appeals filed pursuant to this subsection shall specify the alleged error of law or fact, or new evidence which could not have been reasonably available at the time of the Director's decision, which shall constitute the basis of the appeal.

3.

Upon receipt of a timely written notice of appeal, the Director shall advise the Council of the pendency of the appeal and request that a date for considering the appeal be established.

4.

The Council shall have the option of directing that the appeal be heard before a hearing examiner who shall forward a recommendation to the Council, which shall take final action on the appeal. Referral to a hearing examiner may be made by motion approved by a majority of the Council members present at the time of voting.

5.

All relevant evidence shall be received during the hearing on the appeal.

6.

Unless substantial relevant information is presented which was not considered by the Director, such decision shall be accorded substantial weight, but may be reversed or modified by the Council if, after considering all of the evidence in light of the applicable goals, policies and provisions of this chapter, the Council determines that a mistake has been made. Where substantial new relevant information which was not considered in the making of the decision appealed from has been presented, the Council shall make its decision only upon the basis of the facts presented at the hearing of the appeal, or may elect to remand the matter for reconsideration by the Director in light of the additional information.

7.

For all appeals decided pursuant to this subsection, the City shall provide a record that shall consist of written findings and conclusions.

8.

A service provider adversely affected by the final action of the City denying a master permit, or by an unreasonable failure to act on a master permit according to the procedures established by the City, may commence an action within 30 days of the decision or the expiration of any reconsideration period, whichever is later, with a court having jurisdiction over such action. Any action against the City for denial of a master permit or unreasonable failure to act on a master permit shall be limited to injunctive relief.

9.

No action to obtain judicial review shall be commenced unless all rights of appeal provided by this subsection are fully exhausted. The cost of transcription of all records ordered certified by the court for such review shall be borne by the party seeking such review. A copy of each transcript prepared by such party shall be submitted to the City for confirmation of its accuracy.

(Ord. 3567 § 4, 12/20/2016; Ord. 3083 § 1 (part), 6/29/2001)

A.

Payment of fees and compensation to the City. It is a significant purpose of this chapter to ensure that the City, as far as possible, is compensated for the rights granted and receives fair and reasonable value for use of public rights-of-way and City property over which it exercises control, or which is held in public trust and is compensated for expenses arising from the use of those public rights-of-way and City property.

The fact that a fee is paid on one type of service provided over a telecommunications system, does not excuse a carrier, operator or provider from its duty to pay fees on other services provided over that facility as required by this chapter.

B.

Right-of-way license, master permit or facilities lease—Application and review fee. The application must be accompanied by the necessary fee deposit as set forth in a resolution authorized by Chapter 1.25 PAMC. The Public Works and Utilities Director or designee may require the applicant to deposit additional sums if it appears that the initial deposit or subsequent deposits will be exhausted prior to the final action by the City on an application for issuance, renewal, transfer or modification of a master permit, right-of-way license, or facilities lease. The applicant will not be entitled to further consideration by the City of its requested action until the required additional deposit has been deposited with the City. The applicant may be refunded the unexpended deposit balance, less a nonrefundable filing charge upon written request within 60 days of the application being withdrawn, abandoned, or denied.

C.

Use permit fee. Prior to actual construction, every applicant for a right-of-way license or master permit must obtain a right-of-way use permit and pay the fees pursuant to Chapter 1.25 PAMC, see Appendix A.

D.

Compensation for use of rights-of-way. RCW 35.21.860 currently prohibits a municipal franchise fee for permission to use the right-of-way from any person engaged in the "telephone business," as defined in RCW 82.04.065. The City reserves the right to impose and receive a master permit fee of a percentage, up to the maximum allowed by law, of the grantee's gross receipts from its business activities in the City, if this statutory prohibition is repealed, or for other telecommunications activities not covered by the statutory prohibition. The master permit fee shall be compensation for use of the rights-of-way and shall not be applied as credit towards occupational fees or taxes required under PAMC 11.14.030 and Title 5 PAMC.

E.

Compensation for City property occupancy and use and facility leases. Each facilities lease granted under this chapter or a lease for use and occupancy of a specific site in the right-of-way is subject to the City's right, which is expressly reserved, to fix a fair and reasonable compensation to be paid for the rights granted to the lessee; provided, nothing in this chapter shall prohibit the City and a lessee from agreeing to the compensation to be paid. Notwithstanding any other provision in this chapter, any charges for use and occupancy of a specific site in the right-of-way pursuant to an agreement between the City and a service provider of personal wireless services shall be in accordance with RCW 35.21.860(1)(e).

The compensation for a facilities lease shall be based on the area of the property leased and a rate determined by a professional appraiser approved by both the City and the applicant. The applicant shall pay the cost of the appraisal. Pole attachment and conduit, vault and other City infrastructure usage fees shall be the amounts required by Chapter 13.14 PAMC.

Compensation for facilities leases shall be payable in advance of the effective date of the lease and on or before January 31 of each calendar year. Any payments received after the due date shall include interest on the amount owed of one percent per month, or prorated fraction thereof, compounded monthly.

F.

Grantee's costs. Nothing in this chapter relieves any grantee of its obligation to bear costs associated with its operations, including, but not limited to, costs of moving facilities at the direction of the City, to the extent consistent with PAMC 11.14.120.P.

G.

General rules for payment of fees and compensation.

1.

These general rules shall only apply in the event the franchise fee prohibition in RCW 35.21.860 is repealed.

2.

Unless otherwise specified in a master permit or a right-of-way license, master permit and right-of-way license fees or compensation shall be paid to the City monthly, and not later than 25 days after the end of the month for which the fee or compensation is owed. Any payments received after the due date shall include interest on the amount owed of one percent per month, or prorated fraction thereof, compounded monthly.

3.

Unless a master permit or right-of-way license provides otherwise, each master permit or right-of-way license fee payment shall be accompanied by a statement showing the manner in which the fee was calculated. The statement shall be in a form approved by the City.

4.

No acceptance by the City of any master permit or right-of-way license fee shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of such master permit or right-of-way license fee payment be construed as a release of any claim the City may have for additional sums payable.

5.

Within 90 days following the end of the calendar year, each person which paid a master permit or right-of-way license fee based upon gross revenues shall submit a statement, certified as true by the Chief Financial Officer of such person, setting forth gross revenues of the telecommunications system, by category, and describing what revenues were included and excluded in the fee calculation, and any adjustments made to gross revenues. If additional sums are payable, in addition to paying any applicable penalties or damages, the person that owes the additional fee shall pay interest on the amount owed, at the rate of one percent per month, or prorated fraction thereof, compounded monthly.

6.

The City may, from time to time and upon reasonable advance written notice, inspect and audit any and all books and records reasonably necessary to the determination of whether fees have been accurately computed and paid. The grantee must provide the books and records or copies thereof to the City or advance the costs of travel and per diem for an employee or employees of the City to inspect and copy such books and records at any location more than 50 miles outside the City at which such books and records are kept in the course of business. To the extent allowed by law, the City shall treat all records provided by the grantee for inspection and audit as confidential and proprietary information not to be disclosed to others or used for any other purpose.

7.

Notwithstanding the foregoing, in the event that a person that is obligated to pay a fee ceases to provide service for any reason (including as a result of a transfer), such person shall make a final payment of any amounts owed to the City within ten calendar days of the date its operations in the City cease and shall provide a statement of gross revenues for the calendar year through the date operations ceased, which statement shall contain the information and certification required by PAMC 11.14.110.G.5.

H.

Regulatory fees and compensation not a tax. The regulatory fees and costs provided for in this chapter and any compensation charged and paid for the rights-of-way and City property provided for in PAMC 11.14.110.D. are separate from, and additional to, any and all federal, state, local and city taxes as may be levied, imposed or due from carriers, operators, providers, their customers or subscribers, or on account of the lease, sale, delivery or transmission of telecommunications services.

Compensation for use of the rights-of-way, if shown on applicant's customer bills, shall be identified as such and shall not be shown as, or combined with, other taxes.

(Ord. 3719 § 1, 9/5/2023; Ord. 3083 § 1 (part), 6/29/2001)

A.

Purpose. A significant purpose of this chapter is to set forth certain terms and conditions which are common to all right-of-way licenses, franchises, master permits and facilities leases. Except as otherwise provided in this chapter or in such a right-of-way license, franchises, master permit or facilities lease, the provisions of this chapter apply to all such right-of-way licenses, franchises, master permits and facilities leases approved or granted by the City.

B.

Rules and regulations of the City.

1.

All grantees are required to provide copies of any applicable certificates that authorize the grantee to provide telecommunications services as may be required by federal or state law.

2.

All grantees are required to cooperate with the City and with each other.

(a)

Each grantee shall meet with the City, other grantees and users of the rights-of-way annually or as determined by the City to coordinate construction in the rights-of-way.

(b)

All construction locations, activities and schedules shall be coordinated, as ordered by the Director, to minimize public inconvenience, disruption or damages.

3.

All grantees, before commencing any construction in the rights-of-way, shall comply with all regulations of Chapter 19.122 RCW (One Call Locator Service).

4.

The City reserves the right to require all grantees to provide written confirmation:

(a)

Sufficient for customary land survey and land title insurance purposes concerning the location of their facilities in rights-of-way; and

(b)

Disclaiming any interest in rights-of-way where the grantees have no franchise to construct or operate their facilities.

5.

In addition to the inherent powers of the City to regulate and control any right-of-way, master permit or lease it issues and those powers expressly reserved by the City, or agreed to and provided for in any right-of-way license, master permit or lease, the right and power is hereby reserved by the City to promulgate such additional regulations as it may find necessary in the exercise of its lawful powers giving due regard to the rights of grantees.

6.

Except as provided in this chapter, the foregoing does not allow for amendment by the City of material terms of any license, master permit or lease it issues without the consent of the grantee.

C.

Acceptance. No right-of-way license, master permit or lease granted pursuant to the provisions of this chapter shall become effective unless and until the grantee files with the City Clerk its written acceptance of the license, master permit or lease in a form satisfactory to the City Attorney, together with the bonds and insurance policies required by this chapter.

D.

Safety requirements. Grantees, in accordance with applicable national, state and local safety requirements, shall at all times employ ordinary care and shall install and maintain and use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injury or nuisance to the public. All structures and all lines, equipment and connections in, over, under and upon the streets, sidewalks, alleys and rights-of-way or places of a license, master permit or lease area, wherever situated or located, shall at all times be kept and maintained in a safe, suitable condition, and in good order and repair. If a violation of the National Electrical Safety Code or other applicable regulation is found to exist, the City may, after discussions with the grantee, establish a reasonable time for a grantee to make necessary repairs. If the repairs are not made within the established time frame, the City may make the repairs itself or have them made and collect all reasonable costs thereof from a grantee.

E.

Insurance. Unless otherwise provided in a license, master permit or lease agreement, each grantee, as a condition of the license, master permit or lease, shall secure and maintain the following liability insurance policies insuring both the grantee and the City and its elected and appointed officers, officials, agents and employees as co-insureds. Grantees qualified to do business with the State of Washington, as self-insureds shall also meet the requirements listed below:

1.

Insurance required. A franchisee (or those acting on its behalf) shall not commence construction or operation of the system without obtaining insurance in amounts and of a type satisfactory to the City. The required insurance must be obtained and maintained for the entire period the franchisee has facilities in the public rights-of-way. If the franchisee, its contractors, or subcontractors do not have the required insurance, the City may order such entities to stop operations until the insurance is obtained and approved.

2.

Proof. Certificates of insurance, reflecting evidence of the required insurance and naming the City as an additional insured, and other proofs as the City may find necessary, shall be filed with the City. For persons issued franchises after the effective date of this chapter, certificates and other required proofs shall be filed within 30 days of the issuance of a franchise, prior to the commencement of construction, once a year thereafter, and whenever there is any change in coverage. For entities that have facilities in the public rights-of-way as of the effective date of this chapter, the certificate shall be filed within 60 days of the effective date of this chapter, annually thereafter, and whenever there is any change in coverage, unless a pre-existing franchise provides for filing of certificates in a different manner. In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the term of the franchise, then in that event, the cable communications system operator shall furnish, at least 30 days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage has been obtained.

3.

Certificate contents. All certificates shall contain a provision that provides the City and all additional insureds for this work with written notice of any policy change or cancellation, within two business days of their receipt of such notice. Policies shall be issued by companies authorized to do business under the laws of the State of Washington. Financial ratings of the insurer shall be no less than "A" VII or better in the latest edition of "Bests Key Rating Guide", published by A.M. Best Guide.

4.

Insurance amounts. A cable communications system operator (and those acting on its behalf to construct or operate the system) shall maintain the following minimum insurance. The City shall be named as an additional insured by endorsement on the general liability and automotive policies; those insurance policies shall be primary and contain a cross-liability clause.

(a)

Comprehensive general liability insurance to cover liability, bodily injury, and property damage. Exposures to be covered are: premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability of not less than:

Completed operations and products liability shall be maintained for two years after the termination of the franchise (in the case of the cable communications system owner or operator) or completion of the work for the cable communications system owner or operator (in the case of a contractor or subcontractor).

Property damage liability insurance shall include coverage for the following hazards: X - explosion, C - Collapse, U - underground.

(b)

Worker's compensation insurance shall be maintained during the life of this contract to comply with statutory limits for all employees, and in the case any work is sublet, each cable communications system operator shall require the subcontractors similarly to provide workers' compensation insurance for all the latter's employees unless such employees are covered by the protection afforded by each cable communications system operator. Each cable communications system operator and its contractors and subcontractors shall maintain during the life of this policy employers liability insurance. Workers' compensation insurance shall include a waiver of subrogation clause in favor of the City. The following minimum limits must be maintained:

Workers' Compensation .....Statutory

Employer's Liability .....$1,000,000 per occurrence

(c)

Comprehensive auto liability:

coverage shall include owned, hired, and non-owned vehicles. In every franchise agreement the City shall reserve the right to require any other insurance coverage it deems necessary depending upon exposures.

5.

Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than $3,000,000.00.

6.

The liability insurance policies required by this subsection shall be maintained by the grantee throughout the term of the license, master permit, or lease, and such other period of time during which the grantee is operating without a license, master permit, or lease hereunder, or is engaged in the removal of its telecommunications facilities. Each such insurance policy shall contain the following endorsement:

 "It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until 90 days after receipt by the City, by registered mail, of a written notice addressed to the Director of such intent to cancel or not to renew."

7.

Within 60 days after receipt by the City of said notice, and in no event later than 30 days prior to said cancellation or intent not to renew, the grantee shall obtain and furnish to the City replacement insurance policies meeting the requirements of this subsection.

F.

General indemnification. No license, master permit or lease shall be deemed to be granted under this chapter unless it includes an indemnity clause substantially conforming to the following:

 "The Grantee hereby releases, covenants not to bring suit, and agrees to indemnify, defend and hold harmless the City, its officers, employees, agents and representatives from any and all claims, costs, judgments, awards or liability to any person, including claims by the grantee's own employees to which the Grantee might otherwise be immune under Title 51 RCW, arising from injury or death of any person or damage to property, of which the negligent acts or omissions of the grantee, its agents, servants, officers or employees in performing under this license, master permit, or lease are the proximate cause."

The grantee further releases, covenants not to bring suit, and agrees to indemnify, defend, and hold harmless the City, its officers and employees from any and all claims, costs, judgments, awards or liability to any person including claims by the grantee's own employees, including those claims to which the grantee might otherwise have immunity under Title 51 RCW, arising against the City solely by virtue of the City's ownership or control of the rights-of-way or other public properties, by virtue of the grantee's exercise of the rights granted herein, or by virtue of the City's permitting the grantee's use of the City's rights-of-way or other public property, based upon the City's inspection or lack of inspection of work performed by the grantee, its agents and servants, officers or employees in connection with work authorized on the City's property or property over which the City has control, pursuant to this license, master permit, or lease or pursuant to any other permit or approval issued in connection with this license, master permit, or lease.

This covenant of indemnification shall include, but not be limited by this reference to, claims against the City arising as a result of the negligent acts or omissions of the grantee, its agents, servants, officers or employees in barricading, instituting trench safety systems, or providing other adequate warnings of any excavation, construction or work in any public right-of-way or other public place in performance of work or services permitted under this license, master permit, or lease.

No franchise shall be valid or effective until and unless the City obtains an adequate indemnity from the franchisee. The indemnity must:

1.

Release the City from and against any and all loss, damage, expense, cost (including without limitation the cost of litigation), liability and responsibility in or arising out of the construction, operation or maintenance of the cable communications system. Each cable communications system operator must further agree not to sue or seek any money or damages from the City in connection with the above-mentioned matters.

2.

Indemnify, hold harmless, and defend the City, its elected and appointed officers, agents, and employees, from and against any and all liability, loss, damage, cost, claims, demands, or causes of action of any kind or nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or decrees sustained by the City or any third party arising out of, or by reason of, or resulting from or of the acts, errors, or omissions of the cable communications system operator, or its agents, independent contractors, officers or employees related to or in any way arising out of the construction, operation or repair of the system.

3.

Provide that the covenants and representations relating to the release, indemnification, and hold harmless provision shall survive the term of the franchise or other authorization and continue in full force and effect as to the party's responsibility to indemnify.

Inspection or acceptance by the City of any work performed by the grantee at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification. Said indemnification obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination or the institution of any litigation.

In the event the grantee refuses the tender of defense in any suit or any claim, said tender having been made pursuant to the indemnification clauses contained herein, and said refusal is subsequently determined by a court having jurisdiction (or such other dispute resolution entity that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of the grantee, then the grantee shall pay all of the City's costs for defense of the action, including all reasonable expert witness fees and reasonable attorneys' fees and the reasonable costs of the City of recovering under this indemnification clause.

The provisions of this subsection shall survive the expiration or termination of the franchise, license, master permit or lease agreement. Notwithstanding any other provisions of this subsection, the grantee shall assume the risk of damage to its facilities located in the City's rights-of-way, rights-of-way and easements from activities conducted by the City, its officers, agents, employees and contractors. The grantee shall release and waive any and all claims against the City, its officers, agents, employees or contractors for damage to or destruction of the grantee's facilities caused by or arising out of activities conducted by the City, its officers, agents, employees and contractors, in the rights-of-way, rights-of-way and easements subject to this license, master permit or lease, except to the extent any such damage or destruction is caused by or arises from the negligence or willful conduct on the part of the City, its officers, agents, employees or contractors.

The grantee shall further agree to indemnify, hold harmless, and defend the City against any claims for damages, including, but not limited to, business interruption damages and lost profits, brought by or under users of the grantee's facilities as the result of any interruption of service due to damage or destruction of the user's facilities caused by or arising out of activities conducted by the City, its officers, agents, employees or contractors, except to the extent any such damage or destruction caused by or arising from the negligence or willful conduct on the part of the City, its officers, agents, employees or contractors, to the extent allowed by law.

G.

When required by the provisions, cash deposit/performance bond. Every grantee shall be required to provide a cash deposit or performance bond to ensure the faithful performance of its responsibilities.

H.

Tree trimming. Upon ten days' written notice provided to the Director, except in an emergency of imminent danger to persons or property, the grantee may trim trees or other vegetation owned by the City or encroaching upon the public right-of-way to prevent their branches or leaves from touching or otherwise interfering with its wires. All trimming or pruning within environmentally sensitive areas shall be subject to applicable requirements of Chapter 15.20 PAMC "Environmentally Sensitive Areas Protection." All trimming or pruning shall be at the sole cost of the grantee. The grantee may contract for said trimming or pruning services with any person approved by the City.

I.

Location of facilities. All facilities shall be constructed, installed, and located in accordance with the following terms and conditions, unless otherwise specified in a license, master permit, or facilities lease:

1.

Wherever a grantee has existing underground duct or conduit with capacity available, grantee shall install its telecommunications facilities within such underground duct or conduit.

2.

A grantee with permission to install overhead facilities shall install its telecommunications facilities on pole attachments to existing utility poles only and then only if surplus space is available.

3.

Whenever any existing electric utilities, cable system, or telecommunications facilities are located underground within a right-of-way of the City, a grantee with permission to occupy the same right-of-way must also locate its facilities underground.

4.

Whenever any new or existing electric utilities, cable system, and/or telecommunications facilities are located or relocated underground within a right-of-way of the City, a grantee that currently occupies the same right-of-way shall, at its own expense, relocate its facilities underground. Absent extraordinary circumstances or undue hardship as determined by the Director, such relocation shall be made concurrently to minimize the disruption of the rights-of-way. No extension granted by the Director under this subsection shall exceed a period of 12 months.

The Director may waive the requirements for location of facilities under this subsection, if the grantee demonstrates to the Director's satisfaction that such location requirements are commercially unreasonable or if provisions of the grantee's tariff filed with the Washington Utilities and Transportation Commission otherwise control.

J.

Interference with City property and the rights-of-way. No grantee may locate or maintain its telecommunications facilities to unreasonably interfere with the use of City property or the rights-of-way by the City, by the general public or by other persons authorized to use or be present in or upon the City property and rights-of-way. Unreasonable interference includes disruption to vehicular or pedestrian traffic on City property or the rights-of-way, interference with other City utilities, and such other activities that will present a hazard to public health, safety or welfare when alternative methods of construction would result in less disruption. All such facilities shall be moved by the grantee, at the grantee's cost, temporarily or permanently, as determined by the Director unless provisions of the grantee's tariff filed with the Washington Utilities and Transportation Commission otherwise control. If any grantee's tariff or if a change in the state law alters the responsibility for payment of relocation costs, then all affected grantees shall comply therewith.

K.

Damage to property. No grantee nor any person acting on a grantee's behalf shall take any action or permit any action to be done which may impair or damage any City property, rights-of-way of the City, other ways or other property, whether publicly or privately owned, located in, on or adjacent thereto.

L.

Damage to facilities. Unless directly and proximately caused by the willful, intentional, grossly negligent or malicious acts of the City, the City shall not be liable for any damage to or loss of any telecommunications facility upon City property or within the rights-of-way of the City as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling or work of any kind on such City property or within the rights-of-way by or on behalf of the City.

M.

Maintenance of facilities. Each grantee shall maintain its facilities in good and safe condition and in a manner that complies with all applicable federal, state and local requirements.

N.

Abandonment of facilities.

1.

If the grantee abandons use of its cable, ducts or other facilities authorized under a license, master permit, or lease, then the facilities shall be removed from the rights-of-way or City property to the satisfaction of the City at the grantee's cost. In lieu of removal the City may permit the improvements to be abandoned in place in such a manner as the City may prescribe. Upon permanent abandonment, the grantee shall submit to the City a proposal and instruments for transferring ownership to the City.

2.

Upon revocation or termination of a license, master permit or lease, grantee shall to the satisfaction of the City and, without cost or expense to the City, within ten calendar days remove its facilities unless permitted by the City to be left in place in such manner as the City may prescribe. If grantee determines to remove such facilities, or any portion thereof, then grantee, at its sole expense, shall restore the rights-of-way where disturbed by such removal under the supervision and to the satisfaction of the City.

3.

Any such facilities, which are not removed within 120 days of either such date of termination or revocation or of the date the City issued a permit authorizing removal, whichever is later, shall become the property of the City at the City's option. The grantee shall notify the City to record facilities abandoned.

O.

Emergency removal or relocation of facilities. The City retains the right and privilege to cut or move any telecommunications facilities located within the rights-of-way or City property, as the City may determine to be necessary, appropriate or useful in response to any public health or safety emergency with imminent substantial harm to life or property. The City shall not be liable to any service provider, non-service provider, or any other party for any direct, indirect or any other such damages suffered by any person or entity of any type as a direct or indirect result of the City's actions under this subsection.

P.

Relocation of facilities.

1.

The City may require service providers or non-service providers to relocate authorized facilities within the right-of-way when reasonably necessary for construction, alteration, repair, or improvement of the right-of-way for the purposes of public welfare, health, or safety. The City shall notify both service providers and non-service providers as soon as practicable of the need for relocation and shall specify the date by which relocation shall be completed. In calculating the date the relocation must be completed, the City shall consult with the affected service providers and non-service providers and consider the extent of facilities to be relocated, the service's requirements, and the construction sequence for the relocation, within the City's overall project construction sequence and constraints, to safely complete the relocation. Each service provider and non-service provider shall complete the relocation by the date specified, unless the City establishes a later date for completion, after a showing by the service provider or non-service provider that the relocation cannot be completed by the date specified using best efforts in meeting safety and service requirements.

2.

A service provider may not seek reimbursement for its relocation expenses from the City under paragraph 1 of this subsection except in the limited circumstances as provided for in RCW 35.99.060.

3.

The City may require the relocation of facilities at the service provider's or non-service provider's expense in the event of an unforeseen emergency that creates an immediate threat to the public safety, health or welfare.

4.

A cable communications system operator shall, by a time specified by the City, protect, support, temporarily disconnect, relocate, or remove any of its property when required by the City by reason of traffic conditions; public safety; public rights-of-way construction and repair (including regrading, resurfacing or widening); public right-of-way vacation; construction, installation or repair of sewers, drains, water pipes, power lines, signal lines, tracks, or any other type of government-owned system or utility, public work, public facility, or improvement; or for any other purpose where the work involved would be aided by the removal or relocation of the cable communications system. Collectively, such matters are referred to below as the "public work."

5.

Except in the case of emergency, the City shall provide written notice describing where the public work is to be performed at least one week prior to the deadline by which a cable communications system operator must protect, support, temporarily disconnect, relocate or remove its facilities. Such action on the part of the franchisee shall be undertaken at no cost to the City. Provided that, in an emergency, or where a cable communications system creates or is contributing to an imminent danger to health, safety or property, the City may protect, support, temporarily disconnect, remove, or relocate any or all parts of the cable communications system without further notice, and charge the cable communications system operator for costs incurred.

Q.

Movement for others.

1.

To accommodate the construction, operation, or repair of the facilities of another person authorized to use the public rights-of-way or public property, a franchisee shall, by a time specified by such person, protect, support, temporarily disconnect, temporarily relocate or remove its facilities. The franchisee must be given written notice describing where the construction, operation or repair is to be performed at least 15 days prior to the time by which its work must be completed. The City may resolve disputes as to responsibility for costs associated with removal, relaying, or relocation of facilities among entities authorized to install facilities in the streets or on public property if such entities are unable to do so themselves.

2.

A cable communications system operator shall, on the request of any person holding a valid permit issued by a governmental authority, temporarily raise or lower its wires by a time specified to permit the moving of buildings or other objects. A cable communications system operator shall be given not less than seven days advance notice to arrange for such temporary wire changes. The expense of such temporary removal, relaying, relocation, or raising or lowering of wires shall be paid by the person requesting the same.

R.

Removal of unauthorized facilities. Within 30 days following written notice from the City, any grantee that owns, controls or maintains any unauthorized telecommunications system, facility or related appurtenances within the rights-of-way or City property shall, at its own expense, remove such facilities or appurtenances from the rights-of-way or City property. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances:

1.

Upon expiration or termination of the grantee's license, master permit, or lease.

2.

Upon abandonment of a facility within the rights-of-way or City property. Any property of a grantee shall be deemed abandoned if left in place 90 days after expiration or termination of a license, master permit or lease.

3.

If the system or facility was constructed or installed without prior grant of a license, master permit or lease, unless said system or facility was constructed or installed prior to the effective date of this chapter.

4.

If the system or facility was constructed or installed without prior issuance of a required construction permit or use permit.

5.

If the system or facility was constructed or installed at a location not permitted by the grantee's license, master permit, or lease.

The City may, in its sole discretion, allow a grantee, or other such persons who may own, control or maintain telecommunications facilities within the rights-of-way or City property to abandon such facilities in place. No facilities of any type may be abandoned in place without the express written consent of the City. Any plan for abandonment or removal of a grantee's facilities must be first approved by the Director, and all necessary permits must be obtained prior to such work.

Upon permanent abandonment of the facilities in place, at the City's option, the property shall become that of the City, and the grantee shall submit to the Director an instrument in writing, subject to approval by the City Attorney, transferring to the City the ownership of such facilities.

The provisions of this subsection shall survive the expiration, revocation, or termination of a license, master permit or lease granted under this chapter or under any other City approval.

S.

Failure to remove or relocate. If a grantee is required to remove, relocate, change or alter the telecommunications facilities constructed, operated and/or maintained hereunder and fails to do so, the City may cause such to occur and charge the grantee for the costs incurred.

T.

Duty to provide information. Within 30 days of a written request from the City, each grantee shall furnish the City with information sufficient to demonstrate:

1.

That grantee has complied with all requirements of this chapter.

2.

That all sales, utility and/or telecommunications taxes due the City in connection with the telecommunications services and facilities provided by the grantee have been properly collected and paid by the grantee.

3.

All books, records, maps and other documents, maintained by the grantee for its facilities within the rights-of-way shall be made available for inspection by the City at reasonable times and intervals.

Nothing in this subsection shall be construed to require a grantee to violate state or federal law regarding subscriber privacy, nor be construed to require a grantee to disclose proprietary or confidential information without adequate safeguards for its confidential or proprietary nature or unless required by state law.

U.

Facilities maps. Each grantee shall maintain accurate maps and improvement plans which show the location, size, and a general description of all facilities installed in the public rights-of-way and any power supply sources (including voltages and connections). Maps shall be based upon post-construction inspection to verify location. Each grantee shall provide a map to the City showing the location of its facilities, in such detail and scale as may be directed by the City Public Works Director and update the map annually and whenever the facility expands or is relocated. Copies of maps shall be provided in hard copy and on disk, in a commercially available electronic format specified by the City Public Works Director.

V.

Assignments or transfers of grant. Working control of a right-of-way license, master permit or lease may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of the grantee, by operation of law or otherwise, without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed except as provided by ordinance and then only on such reasonable conditions as may be prescribed therein.

1.

The grantee and the proposed assignee or transferee of the grant or system shall provide and certify the following information to the City not less than 45 days prior to the proposed date of transfer:

(a)

Complete information on the nature, terms and condition of the proposed transfer or assignment.

(b)

All information required of a license, master permit or lease applicant pursuant to PAMC 11.14.100 with respect to the proposed transferee or assignee.

(c)

All deposits or charges and application fees required pursuant to this chapter.

2.

Unless otherwise provided in a license, master permit or lease, the grantee shall reimburse the City for all direct and indirect costs and expenses reasonably incurred by the City in considering a request to transfer or assign a license, master permit or lease. No assignment or transfer shall be deemed approved until all such costs and expenses have been paid.

3.

Any transfer or assignment of a license, master permit or lease without prior written approval of the City under this subsection or pursuant to a license, master permit or lease agreement shall be void and is cause for revocation of the grant.

W.

Transactions affecting control of grant. Any transactions, which singularly or collectively result in a change of working control of the grantee or the working control of a telecommunications system, shall be considered an assignment or transfer requiring City approval pursuant to PAMC 11.14.100. Transactions between affiliated entities are not exempt from City approval unless said affiliated entities are named in the initial application.

A grantee shall within ten calendar days notify the City prior to any proposed change in, transfer of, or acquisition by any other party of control of a grantee's company. Every change, transfer, or acquisition of control of a grantee's company shall cause a review of the proposed transfer. In the event the City denies its consent and such change, transfer or acquisition of control has been effected, the City may cancel the license, master permit or lease. Approval shall not be required for mortgaging purposes or if said transfer is from a grantee to another person or entity controlling, controlled by, or under common control with a grantee.

X.

Revocation or termination of grant. A license, master permit, or lease granted by the City to use or occupy rights-of-way or City property may be revoked for the following reasons:

1.

Construction or operation in the rights-of-way or City property without a license, master permit or lease grant of authorization.

2.

Construction or operation at an unauthorized location.

3.

Any interconnection with the telecommunications facilities of other telecommunications carriers, operators and providers that are not properly licensed or permitted by the City.

4.

Unauthorized substantial transfer of control of grantee.

5.

Unauthorized assignment of a license, franchise, master permit or lease.

6.

Unauthorized sale, assignment or transfer of a grantee's license, master permit or lease, assets, or a substantial interest therein.

7.

Misrepresentation by or on behalf of a grantee in any application or written or oral statement upon which the City relies in making the decision to grant, review or amend any license, master permit or lease pursuant to this chapter.

8.

Abandonment of telecommunications facilities in the rights-of-way or upon City property.

9.

Failure to relocate or remove facilities as required in this chapter.

10.

Failure to pay taxes, compensation, fees or costs when and as due the City.

11.

Insolvency or bankruptcy of the grantee.

12.

Violation of any material provision of this chapter.

13.

Violation of the material terms of a license, master permit or lease agreement.

14.

Violation of any state or federal law relating to use of public rights-of-way by service providers.

15.

Violation of any applicable state or federal safety laws and standards.

16.

Violation of any applicable City ordinances, construction codes, regulations or standards.

17.

Failure to cooperate with the City to ensure that facilities are installed, maintained, repaired and removed within the right-of-way in such a manner and at such points so as to not inconvenience the public use of the right-of-way or to adversely affect the public health, safety and welfare.

18.

Failure to obtain a required use permit or right-of-way construction permit before constructing, installing, maintaining, repairing or removing identified facilities.

Y.

Notice and duty to cure. In the event that the Director believes that grounds exist for revocation of a license, master permit, lease or franchise, the City shall notify franchisee or grantee in writing of any alleged violation ("violation notice") of a franchise or this chapter. The violation notice shall: (1) identify the violation; (2) direct the franchisee or grantee to cure the violation or show cause why the violation cannot or should not be cured; and (3) state the time for the franchisee or grantee's response, which shall be at minimum 30 days from the date of issuance of the violation notice, except for violations that present a danger to public health, safety or welfare, in which case the time for response may be shortened.

Within the time period designated for response the franchisee or grantee shall respond in writing to the City indicating that: (1) the franchisee or grantee contests the violation notice and describing all facts relevant to its claim; or (2) the franchisee or grantee has completely cured the violation, in which case the franchisee or grantee shall provide documentation demonstrating that the violation has been completely cured; or (3) the franchisee or grantee has begun to correct the violation; however, the violation cannot be corrected immediately despite the cable communications system operator's continued due diligence, in which case the franchisee or grantee shall describe in detail the steps already taken and operator's proposed plan and time schedule for completely curing the violation. Correction of the violation is not complete until all damages and penalties owed are paid in full.

Z.

Hearing. In the event that a grantee fails to provide evidence reasonably satisfactory to the Director as provided in PAMC 11.14.120, the Director shall refer the apparent violation or non-compliance to the City's Hearing Examiner for action to revoke in accordance with the provisions of PAMC 11.14.120. The City shall provide the grantee with notice and a reasonable opportunity to be heard concerning the matter. If the franchisee or grantee contests the violation notice or the City determines that the franchisee or grantee has failed to completely cure the violation, to submit an acceptable plan to cure the violation, or to work diligently to cure the violation, the City shall schedule a hearing before the City's Hearing Examiner ("violation hearing"). The City shall provide cable communications system operator written notice of the violation hearing at least 20 days prior to the hearing ("hearing notice").

AA.

The hearing notice shall indicate: (1) the time and place of the violation hearing; (2) the nature of the violation; and (3) the franchisee or grantee right to present oral and written testimony at an open and public meeting.

BB.

At the violation hearing, the City's Hearing Examiner shall hear and consider evidence from the franchisee or grantee, City staff and members of the public regarding the alleged violation. The franchisee or grantee, shall be given an opportunity to present any and all evidence relating to the alleged violation.

CC.

If, based upon the evidence presented at the violation hearing, the City's Hearing Examiner finds that the franchisee or grantee has violated its franchise, this chapter or any applicable state or federal law, the City's Hearing Examiner may issue an order assessing liquidated damages if provided for by the franchisee or grantee franchise, or, subject to this Section 11.14.120 and the terms of the franchisee or grantee's franchise, revoke or shorten the franchise.

DD.

Revocation and termination. The City's Hearing Examiner may revoke a franchise or reduce the term of a franchise if it finds, after complying with procedures set forth above, that a franchisee or grantee has violated this chapter or its franchise; has defrauded or attempted to defraud the City or subscribers; or has attempted to evade the requirements of this chapter or its franchise. Except as to violations that are impossible to cure, and as provided in PAMC 11.14.120, the franchise may only be revoked if the franchisee: (A) was given notice of the default; and (B) was given 30 days to cure the default; and (C) the franchisee failed to cure the default, or to propose a schedule for curing the default acceptable to the City where it is impossible to cure the default in 30 days.

EE.

Exception for certain acts. No opportunity to cure is required for repeated violations, and fraud and attempted fraud shall be deemed incurable. Further, the City may declare a franchise forfeited without opportunity to cure where a franchisee: (A) voluntarily stops providing service it is required to provide; or (B) transfers the franchise without the prior consent of the City.

FF.

Exception for bankruptcy. A franchise will terminate automatically by force of law 120 calendar days after an assignment for the benefit of creditors or the appointment of a receiver or trustee to take over the business of the franchisee, whether in a receivership, reorganization, bankruptcy assignment for the benefit of creditors, or other action or proceeding. However, the franchise may be reinstated within that 120-day period, if: (A) such assignment, receivership or trusteeship has been vacated; or (B) such assignee, receiver or trustee has fully complied with the terms and conditions of this chapter and the franchise, and has executed an agreement, approved by any court having jurisdiction, assuming and agreeing to be bound by the terms and conditions of this chapter and the franchise. In the event of foreclosure or other judicial sale of any of the facilities, equipment or property of a franchisee, the City may revoke the franchise following a public hearing before the City's Hearing Examiner by serving notice upon the franchisee and the successful bidder at the sale, in which event the franchise and all rights and privileges thereunder will be revoked and will terminate 30 calendar days after serving such notice, unless: (A) the City has approved the transfer of the franchise to the successful bidder; and (B) the successful bidder has covenanted and agreed with the City to assume and be bound by the terms and conditions of the franchise and this chapter and the obligations and liabilities of its predecessor franchisee.

GG.

Effect of termination or forfeiture. Upon termination or forfeiture of a franchise, whether by action of the City as provided above, or by passage of time, the franchisee must stop using the cable communications system for the purposes authorized by the franchise. The City may take possession of some or all of franchisee's facilities, or require the franchisee or its bonding company to remove some or all of the franchisee's facilities from the City, and restore affected property to its same or better condition. This provision does not permit the City to remove facilities that are used to provide any non-cable service for which the franchisee holds a valid franchise issued by the City or for which the franchisee is otherwise authorized by operation of state law to use the public rights-of-way to provide.

HH.

Remedies cumulative. Remedies provided for under this chapter or under a franchise shall be cumulative. Recovery by the City of any amounts under insurance, the performance bond, the security fund or letter of credit, does not limit a franchisee's duty to indemnify the City; or relieve a franchisee of its franchise obligations or limit the amounts owed to the City.

II.

Standards for revocation or lesser sanctions. If the City's Hearing Examiner determines that a grantee willfully violated or failed to comply with any of the provisions of this chapter or a license, franchise or lease granted under this chapter, or through willful misconduct or gross negligence failed to heed or comply with any notice given the grantee by the City under the provisions of this chapter, then the grantee shall, at the election of the City Council, forfeit all rights conferred hereunder and the license, master permit, or lease may be revoked or annulled by the Council. The Council may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to pursue other remedies, including obtaining an order from the superior court having jurisdiction compelling the grantee to comply with the provisions of this chapter and any license, master permit, or lease granted hereunder, and to recover damages and costs incurred by the City by reason of the grantee's failure to comply. The Council shall utilize the following factors in analyzing the nature, circumstances, extent and gravity of the violation and in making its determination:

1.

Whether the misconduct was egregious.

2.

Whether substantial harm resulted.

3.

Whether the violation was intentional.

4.

Whether there is a history of prior violations of the same or other requirements.

5.

Whether there is a history of overall compliance.

6.

Whether the violation was voluntarily disclosed, admitted or cured.

JJ.

Incorporation by reference. The provisions of this chapter shall be incorporated by reference in any license, master permit or lease approved hereunder. The provisions of any proposal submitted and accepted by the City shall be incorporated by reference in the applicable license, master permit, or lease. In the event of any conflict between the proposal, this chapter, and the license, master permit, or lease, the license, master permit or lease shall be the prevailing document.

(Ord. 3550 § 2, 2/16/2016; Ord. 3083 § 1(part), 6/29/2001)

A.

Police power. In accepting any license, master permit or lease, the grantee acknowledges that its rights hereunder are subject to the legitimate rights of the police power of the City to adopt and enforce general ordinances necessary to protect the safety and welfare of the public, and the grantee agrees to comply with all applicable general laws enacted by the City pursuant to such power.

B.

City remedies. The City may seek legal or equitable relief to enjoin any acts or practices and abate any condition, which constitutes or will constitute a violation of the applicable provisions of this chapter. Violation of the terms of this chapter may also result in the revocation of any license, master permit or lease, approval, or other permit issued or granted hereunder.

C.

Other remedies. Nothing in this chapter shall be construed as limiting any judicial remedies that the City may have, at law or in equity, for enforcement of this chapter.

D.

No waiver. The failure of the City to enforce any provision of this chapter on any occasion shall not operate as a waiver or estoppel of this right to enforce any provision of this chapter on any other occasion, nor shall the failure to enforce any prior ordinance affecting telecommunications facilities or telecommunications system grantees act as a waiver or estoppel against application of this chapter or any other provision of applicable law.

(Ord. 3083 § 1 (part), 6/29/2001)

A.

The captions to sections throughout this chapter are intended solely to facilitate reading and reference to the sections and provisions of this chapter. Such captions shall not affect the meaning or interpretation of this chapter.

B.

Calculation of time. Unless otherwise indicated, when the performance or doing of any act, duty, matter, or payment is required under this chapter or any franchise, and a period of time or duration for the fulfillment of doing thereof is prescribed and is fixed herein, the time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period of time.

C.

Severability. If any term, condition or provision of this chapter shall, to any extent, be held to be invalid or unenforceable by a valid order of any court or regulatory agency, the remainder hereof shall be valid in all other respects and continue to be effective. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding on the franchisee and the City.

(Ord. 3550 § 3, 2/16/2016)

Sections 11.14.010 through 11.14.140 apply to franchises and cable communications systems as well as right-of-way licenses, franchises, master permits, use permits, and facilities leases. Sections 11.14.160, 11.14.170, 11.14.180 and 11.14.190 of this chapter, are additional provisions that apply specifically to cable communications systems. With regard to cable system franchises, in the event there is any conflict or apparent conflict between sections 11.14.010 through 11.14.140 and sections 11.14.160 through 11.14.180, the provisions in sections 11.14.160 through 11.14.190 shall control.

(Ord. 3550 § 4, 2/16/2016)

A.

Franchise required. No person may construct or operate a cable communications system in the City without first obtaining a grant of a franchise from the City pursuant to this chapter.

B.

Exceptions to franchise requirement. The following persons or entities shall not be required to obtain a franchise under this title:

1.

The City of Port Angeles;

2.

A UVPP that is only delivering cable service or other communications service to subscribers.

C.

Failure to obtain a franchise.Consistent with the requirements of due process, any person who constructs or operates a cable communications system in the City without first obtaining a franchise as required by this chapter may, in the City's discretion, be subject to:

1.

Forfeiture, by operation of law, of the person's cable communication system located in the public rights-of-way that are not authorized by an existing franchise; and/or

2.

A requirement that the cable communication system be removed, at such person's cost, and that penalties and damages allowed by law be paid.

D.

Existing franchises. Grantees of franchises existing as of the effective date of this chapter shall, in addition to all the obligations and duties prescribed by the terms of their existing franchises, be subject to the substantive and procedural requirements herein, except as prohibited by applicable law. Nothing herein is intended to invalidate a lawful, existing franchise or to waive any obligations imposed by such a franchise, or deny any existing franchisee of any contractual or other rights it may have with respect to its existing franchise. Notwithstanding the foregoing, provisions of this chapter that expressly refer to a "franchise granted pursuant to this chapter" shall not apply to franchises initially granted prior to the effective date of this chapter.

E.

Form of franchise. A franchise shall be issued in the form of written agreement, approved by resolution of the City Council, and must be accepted by the franchisee to become effective.

F.

Filing an application. A person seeking to: (1) obtain a franchise; (2) transfer a franchise: (3) extend the term of an existing franchise; (4) renew a franchise; or (5) modify an existing franchise to add new services that are required to be authorized by a franchise pursuant to this chapter, shall submit a signed original of its application and six copies to the City Clerk. The application must conform to all of the requirements of this chapter. Requests for other types of franchise modifications may be processed by the City without an application, and submitted for approval. However, nothing herein shall prevent the City from requiring an application in the event the City determines, based on the nature of the requested modification, that the public interest would best be served by the submission of an application pursuant to this chapter.

G.

Application fee.

1.

Reasonable costs. An applicant shall pay all reasonable costs incurred by the City related to the processing of any application. Costs shall include, but not be limited to, the costs of services rendered by any City employee, agent or representative, including consultants and attorneys.

2.

The initial deposit for the consideration of an application for issuance, renewal, transfer, or modification of a franchise is set forth in a resolution authorized by Chapter 1.25 PAMC, see Appendix A. The City may, as costs are incurred, draw upon the deposit to recover its administrative costs, including, but not limited to, the reasonable cost of outside consultants retained by the City related to the City's consideration and processing of a franchise. The City, at any time, may require the applicant to deposit additional sums prior to further consideration if it appears that the initial deposit or subsequent deposits will be exhausted prior to the final action on the application. In the event the amount of the deposit of an applicant is in excess of the amount needed for City review, the applicant will be refunded any such excess amount. In addition, upon franchise or license approval the applicant must reimburse the City for its publication expenses incurred in connection with the granting of a franchise or license within 30 days after the City furnishes a statement of such expenses.

H.

Nature of franchise.

1.

Scope. A franchise granted pursuant to this chapter shall authorize and permit a franchisee to construct, operate, maintain and repair a cable communications system, or an OVS to provide cable service in the City, and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain facilities appurtenant to such system in, on, over, under, upon, across, and along the public rights-of-way, and along such other public property that the City may authorize a franchisee to use. Rights granted may not be subdivided or subleased.

2.

Nothing passes by implication. A franchise shall not convey rights other than as expressly stated in a franchise agreement; no rights shall pass by implication.

3.

Franchise not in lieu of other authorizations. A franchise shall not include, or be a substitute for:

(a)

Compliance with requirements for the privilege of transacting and carrying on a business within the City, including, but not limited to, complying with the conditions the City may establish before constructing facilities for, or providing, non-cable services;

(b)

Any permit, agreement or authorization required in connection with operations on or in public rights-of-way or public property, including by way of example and not limitation, permits for construction, repair and maintenance activities in the right-of-way;

(c)

Any permits or agreements for occupying any other property of the City or private entities to which access is not specifically granted by the franchise.

4.

Franchise not a grant of property rights. A franchise does not convey title, equitable or legal, in the public rights-of-way.

5.

Franchise non-exclusive. No franchise shall be exclusive, or prevent the City from issuing other franchises or authorizations, or prevent the City from itself constructing, operating, or repairing its own cable communications system with or without a franchise.

6.

Franchise term. Every franchise shall be for a term of years, which term shall be ten years, unless a franchise specifies otherwise.

7.

Costs borne by franchisee. Unless otherwise specifically stated in a franchise, or required by law, all acts which a franchisee is required to perform under the franchise or applicable law must be performed at the franchisee's expense.

8.

Failure to perform. If a cable communications system operator fails to perform work that it is required to perform within the time provided for performance, the City may perform the work and bill the operator therefor. The operator shall pay the amounts billed within 30 days.

I.

Administration of ordinance; adoption of regulations.

1.

Adoption of regulations. The City of Port Angeles may from time to time adopt regulations, including but not limited to customer service standards, to implement the provisions of this chapter. This chapter, and any regulations adopted pursuant to the ordinance codified herein, are not contracts with any franchisee, and may be amended at any time.

2.

Delegation. The City Manager or his/her designees are hereby authorized to administer the provisions of this chapter and any franchise issued pursuant thereto, and to provide any notices (including noncompliance notices) and to take any action on the City's behalf that may be required hereunder or under applicable law.

3.

No waiver. The failure of the City, upon one or more occasions, to exercise a right or to require compliance or performance under a franchise or any other applicable law shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance, unless such right has been specifically waived in writing.

4.

Administration of public, educational and government access. The City may designate one or more entities, including itself, to control and manage the use of public, educational and governmental access channels, facilities and equipment.

J.

Transfers.

1.

Prior approval required. Every franchise shall be deemed to be held in trust, and to be personal to the franchisee. Any transfer that is made without the prior approval of the City shall be deemed invalid and a material violation of the franchise.

2.

Exception for mortgages. Notwithstanding any other provision of this chapter, pledges in trust or mortgages of the assets of a cable communications system to secure the construction, operation, or repair of the system may be made without application and without the City's prior consent. However, no such arrangement may be made without the City's prior consent if it would in any respect under any condition: (A) prevent the cable communications system operator or any successor from complying with the franchise or applicable law; or (B) permit a third party to succeed to the interest of the operator, or to own or control the system, without the prior consent of the City. Any mortgage, pledge or lease shall be subject to and subordinate to the rights of the City under any franchise, this chapter, or other applicable law.

3.

Transferee acceptance required. No City consent to a transfer shall be valid unless the transferee has, in writing, accepted and agreed to abide by all of the terms and conditions of the franchise and this chapter and to assume all obligations and liabilities thereunder, whether arising before or after the date of transfer, of its predecessor franchisee.

K.

General conditions upon construction, operation and repair and use of the public rights-of-way.

1.

Franchisee must follow local rules. The construction, operation, and repair of cable communications systems shall be performed in compliance with Chapters 13.10, 13.12, and 13.14 PAMC, and applicable provisions of PAMC Title 11, and all other applicable laws, ordinances, departmental rules, regulations and practices affecting such system. By way of example, and not limitation, local rules include zoning and safety codes, construction standards, regulations for providing notice to persons that may be affected by system construction, and directives governing the time, place and manner in which facilities may be installed, repaired and maintained in the public rights-of-way. Persons engaged in the construction, operation or repair of communications facilities shall exercise reasonable care in the performance of all their activities and shall use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage, injury or nuisance to the public or to property.

2.

No permit without franchise. A franchise is required before a permit may be issued for work associated with the construction, maintenance or operation of a cable communications system. Any permit issued for such work to a person providing cable service that does not hold a franchise shall vest no rights in the permittee; the permit may be revoked at will, and the permittee shall remove all facilities installed under the permit upon the City's demand.

3.

No interference. Interference with the use of the public rights-of-way by others, including others that may be installing cable communications systems, must be minimized. The City may require a person using the public rights-of-way to cooperate with others through joint trenching and other arrangements to minimize adverse impacts on the public rights-of-way.

4.

Plans for and publicizing work. Work shall be publicized as the City may direct from time to time. The publication of work may be used to notify the public and operators of other communications systems, of the impending work, in order to minimize inconvenience and disruption to the public.

(a)

Each cable communications system operator shall provide the City a plan for any initial system construction, or for any substantial rebuild, upgrade or extension of its facility, which shall show its timetable for construction of each phase of the project, and the areas of the City that will be affected.

(b)

The City may from time to time, when the City receives an application for a permit to use a particular route, or upon the City's own initiative, designate by published order a route or proposed route for installation of cable communications system facilities and may: (1) require all persons who wish to emplace underground facilities along that route or any part thereof to install them during a specified period; and (2) otherwise prohibit emplacement of such facilities along the route or any part thereof for 24 months or after such other, longer period as is necessary to protect the public interest.

5.

Prompt repairs. Any and all public rights-of-way, other public property, or private property that is disturbed or damaged during the construction, operation, maintenance or repair of a cable communications system shall be promptly repaired by the operator at the operator's cost. Public property and public rights-of-way must be restored to the satisfaction of the City and to a condition as good or better than before the disturbance or damage occurred. No tree trimming shall be performed without the permission of the City and other affected authorities, and any tree trimming must be performed in strict accordance with the City Code.

6.

System subject to inspection. Every cable communications system shall be subject to inspection and testing by the City. Each operator must respond to requests for information regarding its system and plans for the system as the City may from time to time issue, including requests for information regarding its plans for construction, operation and repair and the purposes for which the plant is being constructed, operated or repaired.

7.

Underground services alert. Each operator of a cable communications system that places facilities underground shall be a member of the regional notification center for subsurface installations (Utility Notification Center) and shall field mark the locations of its underground communications facilities upon request. The operator shall identify the location of its cable communication system for the City at no charge.

8.

Plan for construction. Every franchisee shall specify for the City a construction schedule that will apply to any required construction, upgrade or rebuild of the cable communications system. The schedule shall provide for the prompt completion of the project, and shall show its timetable for construction of each phase of the project, with benchmarks for deliverables and the areas of the City that will be affected. The City shall have the right to impose penalties on the operator for a failure to meet the accepted timetable and benchmarks.

9.

Use of facilities by the City. The City shall have the right to install and maintain, free of charge, upon any poles or in any conduit owned by a franchisee, any wire and pole fixtures that do not unreasonably interfere with the cable service operations of the franchisee.

10.

Construction bond. Every operator of a cable communications system shall obtain and maintain a bond to ensure the faithful performance of its responsibilities under this chapter and any franchise. The amount of the bond shall be set in the City franchise, but shall not be less than ten percent of the estimated cost of constructing a new system (in the case of a new build) and shall include a sufficient amount to cover the removal of facilities and/or restoration of City facilities within the right-of-way. In the case of an existing system the bond shall not be less than $250,000.00 and shall also include a sufficient amount to cover the removal of facilities and/or restoration of City facilities within the right-of-way. The bond is not in lieu of any additional bonds that may be required through the permitting process. The bond shall be in a form acceptable to the City Attorney. Bonds must be obtained prior to the effective date of any franchise, transfer or franchise renewal, unless a franchise specifically provides otherwise.

11.

Security fund. Every cable communications system operator shall establish and maintain a cash security fund or provide the City an irrevocable letter of credit in the amount of $100,000.00 to secure the payment of fees owed, to secure any other performance promised in a franchise, and to pay any taxes, fees, penalties or liens owed to the City. The letter of credit shall be in a form and with an institution acceptable to the City. Should the City draw upon the cash security fund or letter of credit, the cable communications system operator shall, within ten days, restore the fund or the letter of credit to the full required amount. This security fund/letter of credit may be waived or reduced by the City for a franchisee where the City determines in its discretion that a particular franchisee's operations are sufficiently limited that a security fund/letter of credit is not necessary to secure the required performance. The City may from time to time require a franchisee to change the amount of the required security fund/letter of credit to reflect changed risks to the City and to the public, including delinquencies in taxes or other payments to the City. The cash security fund or letter of credit must be obtained prior to the effective date of any franchise, transfer or franchise renewal, unless a franchise specifically provides otherwise.

L.

Books and records.

1.

Generally. Each cable communications system operator shall provide the City access to, and permit copying of, books and records related in whole or in part to the construction, operation, or repair of the cable communications system, or a group of systems of which the system is a part that may be relevant to the City's monitoring and enforcement of the operator's franchise or this chapter, so that the City may inspect and copy these books and records. The records shall include, but are not limited to, revenue records and other records related to compliance with any provision of this chapter or a franchise. A franchisee is responsible for obtaining or maintaining the necessary possession or control of all such books and records, so that it can produce the documents upon request. Books and records must be maintained for a period of five years, except that a franchise may specify a shorter period for certain categories of voluminous books and records where the information contained therein can be derived simply from other materials. The phrase "books and records" shall be read expansively to include information in whatever format stored.

2.

Production. Books and records requested shall be produced to the City by a time and at a location in the City designated by the City Manager. However, if the requested books and records are too voluminous, or for security reasons the franchisee reasonably believes they cannot be copied and moved, then the franchisee may request that the inspection and, if necessary, copying take place at some other location mutually agreed to by the City and the franchisee, provided that: (1) the franchisee must make necessary arrangements for copying documents selected by the City after its review; and (2) the franchisee must pay all travel and additional copying expenses incurred by the City (above those that would have been incurred had the documents been produced in the City) in inspecting those documents or having those documents inspected by its designee.

M.

Reports.

1.

Obligation to submit. The City Manager may from time to time direct a franchisee to prepare reports and to submit those reports by a date certain, in a format prescribed by the City Manager, in addition to those required by this chapter.

2.

Annual reports. Unless an exemption is granted by the City Manager, no later than 90 days after the end of the operator's fiscal year, a franchisee shall submit the following information:

(a)

A fully audited or certified revenue report from the previous calendar year for the cable communications system, and a certified statement setting forth the computation of gross revenues used to calculate the franchise fee for the preceding year and a detailed explanation of the method of computation showing: (i) gross revenues by category (e.g., basic service, pay, pay-per-view, advertising, installation, equipment, late charges, miscellaneous, other); and (ii) what, if any, deductions were made from gross revenues in calculating the franchise fee (e.g., bad debt, credits and refunds), and the amount of each deduction.

(b)

A report showing the following on a quarterly basis for the most recently completed fiscal year:

(i)

The number of service calls (calls requiring a truck roll) received during the prior quarter and the percentage of service calls compared to the subscriber base; and

(ii)

The total estimated hours of known outages as a percentage of total hours of operation. An outage is a loss of sound or video on any signal, or a significant deterioration of any signal affecting two or more subscribers.

(c)

An ownership report, indicating all persons who at the time of filing control or own an interest in the franchisee of ten percent or more.

3.

Contemporaneous reports. Within ten days of their receipt or (in the case of documents created by the operator or its affiliate) filing, a franchisee shall provide the City with copies of:

(a)

Notices of deficiency or forfeiture related to the operation of the system; and

(b)

Any request for protection under bankruptcy laws, or any judgment related to a declaration of bankruptcy by the franchisee or by any partnership or corporation that owns or controls the franchisee directly or indirectly.

N.

Other records required. Unless the City waives the requirement, a franchisee shall at all times maintain:

1.

Complaint records. Records of all complaints received, their nature and resolution. The term "complaints" refers to complaints about any aspect of the franchisee's operations or customer service.

2.

Outage records. Records of outages known to the franchisee, their cause and duration.

3.

Complaint response. Records of service calls for repair and maintenance indicating the date and time service was requested, the date of acknowledgment and date and time service was scheduled (if it was scheduled), and the date and time service was provided, and (if different) the date and time the problem was solved.

4.

Installation records. Records of installation/reconnection and requests for service extension, indicating date of request, date of acknowledgment, and the date and time service was extended.

5.

Customer service. Records sufficient to show whether the franchisee has complied with each customer service standard that applies to it.

O.

Privacy. A franchisee shall take all reasonable steps required so that it is able to provide reports, books and records to the City, including by providing appropriate subscriber privacy notices. Each franchisee shall be responsible for redacting data that applicable law prevents it from providing to the City. Nothing in this section shall be read to require a franchisee to violate state or federal subscriber privacy laws. Notwithstanding the foregoing, and unless applicable law entitles the franchisee to withhold such information from the City, a franchisee is not entitled to withhold or redact any information on the grounds that it contains proprietary or confidential information.

P.

Procedures for paying franchise fees and fees in lieu of franchise fees.

1.

Fees paid quarterly. The franchise fee, or fee in lieu of franchise fee, in the amount or amounts and on the terms set out in the franchise, shall be paid quarterly unless otherwise specified in a franchise. Payment for each quarter shall be received by the City not later than 45 days after the end of each calendar quarter.

2.

Quarterly statement. Unless a franchise provides otherwise, a franchisee or other entity subject to a fee, shall file with the City within 45 days of the end of each calendar quarter a statement showing gross revenues during the preceding quarter and the number of subscribers served.

3.

Acceptance of payment not a release. No acceptance by the City of any payment shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of such payment be construed as a release of any claim the City may have for additional sums payable.

4.

Fee not in lieu of taxes. Neither the franchise fee, nor the fee paid in lieu of the franchise fee, is a payment in lieu of any tax, fee or other assessment of general applicability (including any such tax, fee or assessment imposed on both utilities and operators or their services, but not including a tax, fee, or assessment which is unduly discriminatory against operators or cable subscriber(s)).

5.

Failure to pay franchise fee. In the event that a fee payment is not received by the City on or before the due date set forth, or in a franchise, or the fee owed is not fully paid, the person subject to the fee will be charged interest from the due date at an interest rate equal to three percent above the rate for three-month federal treasury bills at the most recent United States Treasury Department sale of such treasury bills occurring prior to the due date of the franchise fee payment.

6.

Final statement of gross revenues. Within 90 days of the date a franchisee ceases operations under a franchise (whether because of franchise termination, transfer, bankruptcy or for any other reason), the franchisee shall file a final statement of gross revenues covering the period from the beginning of the calendar year in which the operations ceased to the date operations ceased. The statement shall contain the information and be certified as required by section 1.16.3.(A).

(Ord. 3719 § 1, 9/5/2023; Ord. 3550 § 5, 2/16/2016)

A.

Applications—Generally.

1.

Application required. An application must be filed for an initial and renewal cable system franchise, or for approval of a transfer.

2.

Application content. The City Manager may specify the information that must be provided in connection with an application, and the form in which the information is to be provided. At a minimum each application must identify the applicant, show that the applicant is financially, technically and legally qualified to construct, maintain and operate the cable system, contain a pro forma showing capital expenditures and expected income and expenses for the first five years the applicant is to hold the franchise, and show that the applicant is willing to comply with its franchise obligations. In addition, any application for an initial or renewal franchise or rebuild of the applicant's system and/or facilities, must describe in detail the cable system that the applicant proposes to build, show where it will be located, set out the system construction schedule, and show that the applicant will provide adequate channels, facilities and other support for public, educational and government use (including institutional network use) of the cable system. The detailed description of the physical facilities proposed shall include at least the following:

(a)

A description of the channel capacity, technical design, performance characteristics, headend, PEG access (and institutional network, if required) facilities and equipment;

(b)

The location of proposed facility and facility design, including a description of the miles of plant to be installed, and a description of the size of equipment cabinets, shielding and electronics that will be installed along the plant route, the power sources that will be used and a description of the noise, exhaust and pollutants, if any, that will be generated by the operation of the same; provided, however, that, if some of the descriptive data is not available at the time of application, the franchise may be issued subject to conditions that the data be filed and approved by the City before construction begins and that the franchise will be deemed to be forfeited if the data is not supplied and approved; provided, further, that the foregoing proviso does not authorize the grant of a franchise where there is not sufficient information to appraise the impact of the applicant's proposal;

(c)

A map of the general route the facility will follow; a designation of the portions of the system that will be placed above ground and the portions that will be placed underground, and the construction techniques that the applicant proposes to use in installing the system above ground and underground; a schedule for construction of the facility, describing when and where construction will begin, how it will proceed, benchmarks indicating the schedule completion of portions of the system and when construction will be completed; and the expected effect on right-of-way usage, including information on the ability of the public rights-of-way to accommodate the proposed system;

(d)

A description, where appropriate, of how services will be converted from existing facilities to new facilities, and what will be done with existing facilities;

(e)

A demonstration of how the applicant will reasonably meet the future cable-related needs and interests of the community, including descriptions of the capacity, facilities and support for public, educational, and governmental use of the system (including institutional networks) applicant proposes to provide and why applicant believes that the proposal is adequate to meet the future cable-related needs and interests of the community;

(f)

A demonstration of the financial qualifications of the applicant, including at least the following:

(i)

The proposed rate structure, including projected charges for each service tier, installation, converters, and all other proposed equipment or services;

(ii)

A statement regarding the applicant's financial ability to complete the construction to meet the timeframe proposed and to operate the cable system proposed certified by the applicant's chief financial officer;

(iii)

A demonstration of the applicant's technical ability to construct and/or operate the proposed cable system;

(iv)

A demonstration that the applicant is legally qualified, which proof must include a demonstration that the applicant:

(A)

Has received, or is in a position to receive, necessary authorizations from state and federal authorities;

(B)

Has not engaged in conduct (fraud, racketeering, violation of antitrust laws, consumer protection laws, or similar laws) that might lead the City to conclude that the applicant cannot be relied upon to comply with requirements of a franchise or provisions of this chapter, or to deal honestly with the City or its residents; and

(C)

Is willing to enter into a franchise, to pay required compensation and to abide by the provisions of applicable law, including those relating to the construction, operation or repair of its facilities; and has not entered into any agreement that would prevent it from doing so.

(g)

The applicant must not have submitted an application for an initial or renewal franchise to the City, which was denied on the ground that the applicant failed to propose a cable system meeting the cable-related needs and interests of the community, or as to which any challenges to such franchising decision were finally resolved (including any appeals) adversely to the applicant, within three years preceding the submission of the application;

(h)

The extent that the applicant is in any respect relying on the financial or technical resources of another person, including another affiliate; proofs should be provided for that person;

(i)

A description of the applicant's prior experience in cable system ownership, construction, and operation, and identification of cities and counties in Washington in which the applicant or any of its principals have a cable franchise or any interest therein, provided that an applicant that holds a franchise for the City and is seeking renewal of that franchise need only provide this information for other cities and counties in Washington where its franchise is scheduled to expire during the 12-month period prior to the date its application is submitted to the City and for other cities and counties in Washington where its franchise had been scheduled to expire during the 12-month period after the date its application is submitted to the City. If an applicant has no other franchise in Washington, it shall provide the information for its operations in other states; and

(j)

An affidavit or declaration of the applicant or authorized officer thereof certifying the truth and accuracy of the information in the application, and certifying that the application meets all requirements of applicable law.

3.

To be accepted for filing, an original and six copies of a complete application must be submitted. All applications shall include the names and addresses of persons authorized to act on behalf of the applicant with respect to the application.

4.

An applicant (and the transferor and transferee, in the case of a transfer application) shall respond to any request for information from the City, by the time specified by the City.

5.

Incomplete applications. An application may be rejected if it is incomplete, or if the response to the City's requests for information is not timely and complete.

B.

Application for an initial franchise or renewal franchise.

1.

Scope. This section establishes additional provisions that apply to an application for an initial franchise, or a renewal franchise application that is not governed by 47 U.S.C. §§ 546(a)—(g).

2.

Process. Any person may apply for an initial or renewal franchise by submitting an application therefore on that person's own initiative, or in response to a request for proposals issued by the City. If the City receives an unsolicited application, it may choose to issue a request for additional proposals, and require the applicant to amend its proposal to respond thereto. The City shall promptly conduct such investigations as are necessary to act on an application.

3.

Consideration of application. In determining whether to grant a franchise, the City may consider:

(a)

The extent to which an applicant for renewal has substantially complied with the applicable law and the material terms of any existing cable franchise;

(b)

Whether an applicant's quality of service under its existing franchise, including signal quality, response to customer complaints, billing practices, and the like has been reasonable in light of the needs of the community;

(c)

Where the applicant has not previously held a cable system franchise in the City, whether the applicant's record in other communities indicates that it can be relied upon to provide high-quality service throughout any franchise term;

(d)

Whether the applicant has the financial, legal, and technical ability to provide the services, facilities, and equipment set forth in an application, and to satisfy any minimum requirements established by the City;

(e)

Whether the applicant's application is reasonable to meet the future cable-related needs and interests of the City, taking into account the cost of meeting such needs and interests;

(f)

Whether issuance of a franchise is in the public interest considering the immediate and future effect on the public rights-of-way, public property, and private property that will be used by the applicant's cable system;

(g)

Whether issuance of the franchise would reduce or increase competition in the provision of cable service in the City; and

(h)

Such other matters as the City is authorized or required to consider.

4.

Issuance of franchise.If the City determines that issuance of a franchise would be in the public interest considering the factors described above, it may offer a franchise agreement to the applicant. No franchise shall become effective until the franchise is unconditionally accepted by the applicant, approved by the City Council, and the franchise agreement is signed by both parties.

C.

Application for renewal franchise filed pursuant to 47 U.S.C. § 546.

1.

Scope. This section establishes additional provisions that apply to applications for renewal governed by 47 U.S.C. §§ 546(a)—(g).

2.

Process. A franchisee that intends to exercise rights under 47 U.S.C. §§ 546(a)—(g) shall submit a notice in writing to the City in a timely manner clearly stating that it is activating the procedures set forth in those sections. The City shall thereafter commence any proceedings that may be required under federal law, and upon completion of those proceedings, the City may issue a request for renewal proposals and an application may be submitted for renewal. The City may preliminarily deny the application by resolution, and if the application is preliminarily denied, the City may conduct such proceedings and by resolution establish such procedures and appoint such individuals as may be necessary to conduct any proceedings to review the application.

D.

Application for transfer.

1.

Scope. This section establishes additional provisions that apply to applications for transfer approval.

2.

Information. An application for transfer must contain all the information required by the City Manager, subsection A.2, and all information required by any FCC franchise transfer form.

3.

Consideration of application. In determining whether a transfer application should be granted, denied, or granted subject to conditions, the City may consider the legal, financial and technical qualifications of the transferee to operate the cable system in compliance with the terms and conditions of the franchise and applicable law; whether the transferor franchise is in compliance with its franchise; whether the transferee owns or controls any other cable system in the City, whether operation by the transferee may eliminate or reduce competition in the delivery of cable service in the City; and whether operation by the transferee or approval of the transfer would otherwise adversely affect subscribers, the public, or the City's interest under this chapter, the franchise, or other applicable law. The proposed transferee shall pay all reasonable costs incurred by the City in reviewing and evaluating the applications.

4.

Minimum conditions. In order to obtain approval of a transfer, an applicant must show, at a minimum, that: the transferee is qualified; the transfer will not adversely affect the interests of subscribers, the public, or the City; and that all franchise non-compliance issues have been resolved or, alternatively, that the transferee will assume all liability for or such franchise noncompliance issues, known or unknown, arising before the date of the transfer. No transfer application shall be granted unless the transferee agrees in writing that it will abide by and accept all terms of this chapter and the franchise, and that it will assume all of the obligations, liabilities and responsibility for all acts and omissions, known and unknown, of its predecessor franchisee, whether arising before or after the date of the transfer, for all purposes.

E.

Qualifications of applicant.

1.

Standards.

(a)

The applicant must be willing to comply with the provisions of this chapter and applicable laws; and to comply with such requirements of a franchise as the City may lawfully require.

(b)

The applicant must not have had any cable system or OVS franchise validly revoked (including any appeals) by the City within three years preceding the submission of the application.

(c)

The applicant must not have had an application to the City for an initial or renewal cable system franchise denied on the ground that the applicant failed to propose a cable system meeting the cable-related needs and interests of the community, or as to which any challenges to such franchising decision were finally resolved (including any appeals) adversely to the applicant, within three years preceding the submission of the application; and must not have had an application for an initial or renewal OVS franchise denied on any ground within three years of the application.

(d)

The applicant shall not be issued a franchise if, at any time during the ten years preceding the submission of the application, applicant was convicted of fraud, racketeering, anticompetitive actions, unfair trade practices or other conduct of such character that the applicant cannot be relied upon to deal truthfully with the City and the subscribers, or to substantially comply with its obligations.

(e)

Applicant must have the necessary authority under Washington and federal law to operate a cable system, or show that it is in a position to obtain that authority.

(f)

The applicant shall not be issued a franchise if it files materially misleading information in its application or intentionally withholds information that the applicant lawfully is required to provide.

(g)

For purposes of paragraphs B through O of this section, the term applicant includes any affiliate of applicant. Provided, however, an applicant shall be provided a reasonable opportunity to show that a franchise should issue even if the requirements of paragraph B.3.C(iv)(B) are not satisfied, by virtue of the circumstances surrounding the matter and the steps taken by the applicant to cure all harms flowing therefrom and prevent their recurrence, the lack of involvement of the applicant's current principals, or the remoteness of the matter from the operation of a cable system.

(h)

Franchise fee. A cable system operator shall pay to the City a franchise fee in an amount equal to five percent of gross revenues, or such other amount as may be specified in the franchise; provided, however, that if the franchise specifies an amount, that amount shall be subject to increase should federal limits on fee payments be eliminated or changed and other operators are subject to a higher fee.

(i)

Bundled services. In the event that the franchisee, during the term of the franchise, offers bundled, tied, or combined cable services (which are subject to the franchise fee) with non-cable services (which may not be subject to the franchise fee) to subscribers, the combined revenues from such bundled services shall be allocated in proportion to the stand-alone rates or prices for each individual bundled service advertised by the franchisee through its marketing materials or on its published rate card. In the event the franchisee does not advertise or publish separate stand-alone prices for any or all the individual services in the bundled service, the percentage that the price for the combined services is discounted from the regular retail rates of the individual stand-alone services shall be pro-rated across all of the services in the bundled package; provided, however, that the net revenues derived from services subject to mandatory tariff rates imposed by the Washington Public Utilities Commission (or other governmental entity having such authority) shall be deducted from the combined bundled service revenue to determine the revenue subject to the franchise fee. As an example, a franchisee may offer a "bundle" of video, voice and data services for a flat fee of $75.00 where the stand-alone retail rate for each of the services purchased on an individual basis would equal $100.00. Assuming that there is no service subject to the mandated tariff rate, the franchisee would apply a 25 percent discount to each service in the bundle. Thus, if the franchisee's stand-alone retail rate for the cable service portion of the bundle were $50.00, for franchise fee computation purposes grantee would recognize cable service revenue in the amount of $37.50 and pay a franchise fee on that revenue.

(j)

The definition of gross revenue is to be as inclusive as possible consistent with existing applicable law. If a change in federal law occurs subsequent to the effective date of this chapter, such change shall not impact the gross revenues definition in such a way to reduce gross revenues, unless the change in law specifically preempts the affected portion of the definition above.

F.

No exclusivity. A franchisee may not require a subscriber or a building owner or manager to enter into an exclusive contract as a condition of providing or continuing service. However, nothing herein prevents a franchisee from entering into an otherwise lawful, mutually desired exclusive arrangement with a building owner or manager of a multiple dwelling unit or commercial subscriber.

G.

Rate regulation and consumer protection.

1.

All rates subject to regulation. The City may regulate the operator's rates and charges, to the extent it is not prohibited from doing so by law. The City will regulate rates in accordance with FCC rules and regulations, where applicable. Except to the extent FCC rules provide otherwise, all rates and charges that are subject to regulation, and changes in those rates or charges must be approved in advance. The City Manager may take any required steps to file complaints, toll rates, issue accounting orders or take any other steps required to comply with FCC rate regulation rules. The City Council shall be responsible for issuing rate orders that establish rates or order refunds.

2.

No rate discrimination. Except to the extent preempted by federal or state law, an operator is prohibited from discriminating in its rates or charges or from granting undue preferences to any subscriber, potential subscriber, or group of subscribers or potential subscribers; provided, however, that a franchisee may offer temporary, bona fide promotional discounts in order to attract or maintain subscribers, so long as such discounts are offered on a non-discriminatory basis to similar classes of subscribers throughout the franchise area; and a franchisee may offer discounts for the elderly, the disabled, or the economically disadvantaged, and such other discounts as it is expressly entitled to provide under federal law, if such discounts are applied in a uniform and consistent manner.

3.

Redlining prohibited. An operator shall not deny access or charge different rates to any group of subscribers or potential subscribers because of the income of the residents of the local area in which such group resides.

4.

Customer service.

(a)

Each operator must satisfy FCC, state, and the City's cable customer service standards and consumer protection standards. The City cable customer service standards may be adopted by resolution of the City Council. In the case of a conflict among standards, the stricter standard shall apply to the full extent permitted by law.

(b)

For violation of cable customer service standards, penalties will be imposed as follows:

(i)

Two hundred dollars for each day of each material breach, not to exceed $600.00 for each occurrence of material breach.

(ii)

If there is a subsequent material breach of the same provision within 12 months, $400.00 for each day of each material breach, not to exceed $1,200.00 for each occurrence of the material breach.

(iii)

If there is a third or additional material breach of the same provision within 12 months of the first, $1,000.00 for each day of each material breach, not to exceed $3,000.00 for each occurrence of the material breach.

(c)

Any penalty assessed under this section will be reduced dollar for dollar to the extent any liquidated damage provision of a franchise imposes a monetary obligation on a franchisee for the same customer service failures.

(Ord. 3550 § 5, 2/16/2016)

A.

Additional definitions.

1.

"OVS agreement" means a contract entered into in accordance with the provisions of this chapter between the City and an OVS franchisee setting forth the terms and conditions under which the OVS franchise will be exercised.

B.

Applications for grant or renewal of franchises.

1.

Initial and renewal franchise—Application.

(a)

A written application shall be filed with the City for grant of an initial or renewal OVS franchise.

(b)

To be acceptable for filing, a signed original of the application shall be submitted together with six copies. The application must conform to any applicable request for proposals, and contain all information required. All applications shall include the names and addresses of persons authorized to act on behalf of the applicant with respect to the application.

(c)

Contents of applications. The City Manager may specify the information that must be provided in connection with a request for proposals or an application for an initial or renewal franchise. At a minimum, each application must: identify the applicant, where it plans to construct its system, and the system construction schedule; show that the applicant will provide adequate channels, facilities and other support for public, educational and government use (including institutional network use) of the OVS; and show that the applicant is financially, technically and legally qualified to construct and operate the OVS. The application must contain the following information:

(i)

Identity of the applicant; the persons who exercise working control over the applicant; and the persons who control those persons, to the ultimate parent.

(ii)

A proposal for construction of the OVS that includes at least the following:

(1)

A description of the services that are to be provided over the facility.

(2)

Identification of the area of the City to be served by the proposed system, including a description of the proposed franchise area's boundaries.

(3)

The location of proposed facility and facility design, including a description of the miles of plant to be installed, and a description of the size of equipment cabinets, shielding and electronics that will be installed along the plant route, the power sources that will be used and a description of the noise, exhaust and pollutants, if any, that will be generated by the operation of the same.

(4)

A map of the route the facility will follow a designation of the portions of the system that will be placed above ground and the portions that will be placed underground, and the construction techniques that the applicant proposes to use in installing the system above ground and underground; a schedule for construction of the facility, describing when and where construction will begin, how it will proceed, benchmarks for completion of phases, and when it will be completed; expected effect on rights-of-way usage, including information on the ability of the public rights-of-way to accommodate the proposed system, including, as appropriate given the system proposed, an estimate of the availability of space in conduits and an estimate of the cost of any necessary rearrangement of existing facilities.

(5)

A description, where appropriate, of how services will be converted from existing facilities to new facilities, and what will be done with existing facilities.

(6)

Evidence satisfactory to the City that the applicant has the financial resources to complete the proposed project, and to construct, operate and repair the proposed facility over the franchise term. It is not the intent of the City to require an applicant to prove that the services it proposes to offer will succeed in the marketplace.

(7)

Evidence satisfactory to the City that applicant is technically qualified to construct, operate and repair the proposed facility. At a minimum, the applicant must show that it has experience or resources to ensure that work is to be performed adequately, and can respond to emergencies during and after construction is complete.

(8)

Evidence satisfactory to the City that the applicant is legally qualified, which proof must include a demonstration that the applicant:

(A)

Has received, or is in a position to receive, necessary authorizations from state and federal authorities;

(B)

Has not engaged in conduct (fraud, racketeering, violation of antitrust laws, consumer protection laws, or similar laws) that allows City to conclude the applicant cannot be relied upon to comply with requirements of franchise, or provisions of this chapter;

(C)

Is willing to enter into a franchise, to pay required compensation and to abide by the provisions of applicable law, including those relating to the construction, operation or maintenance of its facilities, and has not entered into any agreement that would prevent it from doing so;

(D)

An affidavit or declaration of the applicant or authorized officer thereof certifying the truth and accuracy of the information in the application, and certifying that the application meets all requirements of applicable law;

(E)

To the extent that the applicant is in any respect relying on the financial or technical resources of another person, including another affiliate, the proofs should be provided for that person. An applicant will be presumed to have the requisite financial, or technical or legal qualifications to the extent such qualifications have been reviewed and approved by a state agency of competent jurisdiction; or if applicant is a holder of a franchise in the City for a cable system or open video system, and conduct under such other franchise provides no basis for additional investigation.

C.

Procedure for applying for grant of a franchise.

1.

A person may apply for an initial or renewal franchise on its own initiative or in response to a request for proposals. Upon receipt of an application, the City shall promptly proffer the applicant a proposed OVS agreement, which shall be mailed to the person requesting its issuance and made available to any other interested party. The City may request such additional information, as it deems appropriate.

2.

An applicant shall respond to requests for information completely, and within the time directed by the City, and must strictly comply with procedures, instructions and requirements the City may establish.

3.

An application may be rejected if it is incomplete or the applicant fails to follow procedures or respond fully to information requests.

D.

Evaluation.

1.

In evaluating a franchise application, the City may consider the following:

(a)

The extent to which the applicant has substantially complied with the applicable law and the material terms of any existing City OVS franchise;

(b)

Whether the applicant has the financial, technical and legal qualifications to hold an OVS franchise;

(c)

Whether the application satisfies any minimum requirements established by the City for, or will otherwise provide adequate public, educational and governmental use capacity, facilities or financial support (including with respect to institutional networks);

(d)

Whether issuance of a franchise would require replacement of property or involve disruption of property, public services, or use of the public rights-of-way;

(e)

Whether the approval of the application may eliminate or reduce competition in the delivery of cable service in the City.

E.

Issuance. If the City finds that it is in the public interest to issue a franchise considering the factors above, and such other matters as it is required or entitled to consider, and subject to the applicant's entry into an appropriate OVS agreement, it shall issue a franchise. Prior to deciding whether or not to issue a franchise, the City may hold one or more public hearings or implement other procedures under which comments from the public on an application may be received.

F.

Legal qualifications. In order to be legally qualified:

1.

The applicant must be willing to comply with the provisions of this chapter and applicable laws, and to comply with such requirements of an OVS agreement as the City may lawfully require.

2.

The applicant must not hold a cable system franchise, or have pending an application for a cable system franchise.

3.

The applicant must not have had any cable system or OVS franchise validly revoked (including any appeals) by the City within three years preceding the submission of the application.

4.

The applicant may not have had an application for an initial or renewal cable system franchise to the City denied on the grounds that the applicant failed to propose a cable system meeting the cable-related needs and interests of the community, or as to which any challenges to such franchising decision were finally resolved (including any appeals) adversely to the applicant, within three years preceding the submission of the application.

5.

The applicant may not have had an application for an initial or renewal OVS franchise denied on any grounds within three years of the applications.

6.

The applicant shall not be issued a franchise if, at any time during the ten years preceding the submission of the application, applicant was convicted of fraud, racketeering, anticompetitive actions, unfair trade practices or other conduct of such character that the applicant cannot be relied upon to deal truthfully with the City and the subscribers or to substantially comply with its obligations.

7.

Applicant must have the necessary authority under Washington and federal law to operate an OVS, and must be certified by the FCC under Section 653 of the Cable Act, 47 U.S.C. § 573.

8.

The applicant shall not be issued a franchise if it files materially misleading information in its application or intentionally withholds information that the applicant lawfully is required to provide.

9.

For purposes of this section, the term applicant includes any affiliate of applicant. Provided, however, an applicant shall be provided a reasonable opportunity to show that a franchise should issue even if the requirements of paragraphs B through M are not satisfied, by virtue of the circumstances surrounding the matter and the steps taken by the applicant to cure all harms flowing therefrom and prevent their recurrence, the lack of involvement of the applicant's principals, or the remoteness of the matter from the operation of a cable system.

G.

Transfers.

1.

City approval required. No transfer shall occur without prior written notice to and approval of the City.

2.

Application.

(a)

A franchisee shall promptly notify the City of any proposed transfer, and submit an application for its approval.

(b)

The City may specify information that must be provided in connection with a transfer application. At a minimum, an application must: describe the entities involved in the transaction and the entity that will hold the franchise; describe the chain of ownership before and after the proposed transaction; show that the entity that will hold the franchise will be legally, financially and technically qualified to do so; attach complete information on the proposed transaction, including the contracts or other documents that relate to the proposed transaction, and all documents, schedules, exhibits, or the like referred to therein; and attach any shareholder reports or filings with the Securities and Exchange Commission ("SEC") that discuss the transaction.

(c)

For the purposes of determining whether it shall consent to a transfer, the City or its agents may inquire into all qualifications of the prospective transferee and such other matters as the City may deem necessary to determine whether the transfer is in the public interest and should be approved, denied, or conditioned. If the transferee or franchisee refuses to provide information, or provide incomplete information, the request for transfer may be denied.

H.

Determination by the City.

1.

In deciding whether a transfer application should be granted, denied or granted subject to conditions, the City may consider the legal, financial and technical qualifications of the transferee to operate the OVS; whether the incumbent OVS operator is in compliance with its OVS agreement and this chapter and, if not, the proposed transferee's commitment to cure such non-compliance; whether the transferee owns or controls any other OVS or cable system in the City, and whether operation by the transferee may eliminate or reduce competition in the delivery of cable service in the City; and whether operation by the transferee or approval of the transfer would adversely affect subscribers, the public, or the City's interest under this chapter, the OVS agreement, or other applicable law.

2.

In order to obtain approval of a transfer, an applicant must show, at a minimum, that: the transferee is qualified; the transfer will not adversely affect the interests of subscribers, the public, or the City; and that non-compliance issues have been resolved. No application shall be granted unless the transferee agrees in writing that it will abide by and accept all terms of this chapter and the franchise, and that it will assume the obligations, liabilities and responsibility for all acts and omissions, known and unknown, of the previous franchisee, whether arising before or after the transfer, for all purposes. The proposed transferee shall pay all reasonable costs incurred by the City in reviewing and evaluating the applications.

I.

Minimum requirements.

1.

PEG access. No OVS operator shall be issued a franchise or commence construction of an OVS system, until: (A) it agrees to match in all respects the highest PEG obligations borne by any franchised cable system operator in the City; or (B) it agrees to PEG obligations acceptable to the City.

2.

Institutional network. Any OVS operator that constructs an I-Net shall: (A) match in all respects the highest institutional network obligations borne by any franchised cable system operator in the City; or (B) agree to alternative institutional network obligations acceptable to the City.

3.

Construction provisions. Every OVS agreement shall specify the construction schedule that will apply to any required construction, upgrade or rebuild of the OVS. The schedule shall provide for prompt completion of the project, considering the amount and type of construction required.

4.

Testing. Each OVS operator shall perform at its expense such tests as may be necessary to show whether or not it is in compliance with its obligations under this chapter or a franchise.

5.

Consumer protection provisions. Every franchisee must satisfy customer service consumer protection requirements established from time to time under state or local law and applicable to OVS.

J.

Special termination rules. If a franchisee's FCC OVS certification is revoked or otherwise terminates as a result of the passage of time or as a matter of law, the City may revoke the OVS franchise after a hearing. The OVS franchise may also be revoked if federal regulations or statutory provisions governing OVS are declared invalid or unenforceable, or are repealed.

K.

Rate regulation. The City may regulate a franchisee's rates and charges except as prohibited by law, and may do so by amendment to this chapter, separate ordinance, by amendment to an OVS agreement, or in any other lawful manner.

L.

Fee in lieu of franchise fee.

1.

OVS operators. In lieu of the franchise fee, an OVS franchisee shall pay a fee of five percent of the gross revenues of the franchisee, its affiliates or any OVS operator of the OVS.

2.

Persons leasing OVS capacity.

(a)

A person leasing capacity from an OVS operator, other than a person whose revenues are included in the payment made in paragraph L.1, immediately above, shall pay the City a fee, in lieu of the franchise fee in the amount of five percent of the gross revenues of such person.

(b)

Notwithstanding the foregoing, where the OVS franchisee charges an entity, other than an affiliate, to use its OVS (the "use payments"); and that entity recovers those use payments through charges to its subscribers that are included in the entity person's gross revenues; and that person fully recovers the use payments through the charges to its subscribers and pays a fee on those charges pursuant to paragraph L.1, immediately above, then franchisee may deduct from its gross revenues the use payments it receives from that person.

M.

Exclusive contracts. A franchisee may not require a subscriber or a building owner or manager to enter into an exclusive contract as a condition of providing or continuing service, nor, subject to applicable law, may a franchisee enter into any arrangement that would effectively prevent other persons from using the OVS to compete in the delivery of cable services with a franchisee or its affiliates.

(Ord. 3550 § 6, 2/16/2016)

A.

Connections to cable system; use of antennae.

1.

Subscriber right to attach. To the extent consistent with federal law, subscribers shall have the right to attach VCR receivers, and other terminal equipment to a franchisee's cable system. Subscribers also shall have the right to use their own remote control devices and converters, and other similar equipment.

2.

Removal of existing antennae. A franchisee shall not, as a condition of providing service, require a subscriber or potential subscriber to remove any existing antenna, or disconnect an antenna except at the express direction of the subscriber or potential subscriber, or prohibit installation of a new antenna, provided that such antenna is connected with an appropriate device and complies with applicable law.

B.

Discrimination prohibited.

1.

No retaliatory actions. A cable communications system operator shall not discriminate among persons or the City or take any retaliatory action against a person or the City because of that entity's exercise of any right it may have under federal, state, or local law, nor may the operator require a person or the City to waive such rights as a condition of taking service.

2.

Employment and hiring practices. A cable communications system operator shall not refuse to employ, discharge from employment, or discriminate against any person in compensation or in terms, conditions, or privileges of employment because of race, color, creed, national origin, sex, sexual orientation, age, disability, religion, ethnic background or marital status. A cable communications system operator shall comply with all federal, state and local laws and regulations governing equal employment opportunities, and hiring practices, as the same may be amended from time to time.

C.

Transitional provisions.

1.

Persons operating without a franchise. The operator of any cable communications system facility installed as of the effective date of this chapter, for which a franchise is required under this chapter, shall have three months from the effective date of this chapter to file one or more applications for a franchise. Any operator timely filing such an application under this section 11.14.190 shall not be subject to a penalty for failure to have such a franchise so long as said application remains pending; provided, however, nothing herein shall relieve any cable communications system operator of any liability for its failure to obtain any permit or other authorization required under other provisions of the City Code, and nothing herein shall prevent the City from requiring removal of any facilities installed in violation of the City Code.

2.

Persons holding franchises. Any person holding an existing franchise for a cable communications system may continue to operate under its existing franchise to the conclusion of its present term (but not any renewal or extension thereof) with respect to those activities expressly authorized by the franchise; provided that, such person shall be subject to the other provisions of this chapter to the extent permitted by law.

3.

Persons with pending applications. Pending applications shall be subject to this chapter. A person with a pending application shall have 30 days from the effective date of this chapter to submit additional information to comply with the requirements of this chapter governing applications.

D.

Relation to Title 11 of the City Code.

1.

This chapter shall apply to cable communications systems and cable communications system operators in lieu of the following provisions of PAMC Title 11: §§ 11.14.010, 11.14.020, 11.14.080, 11.14.120, 11.14.140, 11.14.170, 11.14.180, and 11.14.190. Except as provided in the preceding sentence, PAMC Title 11 shall apply to all cable communications systems and cable communications system operators, and PAMC Title 11 shall apply fully, without these limitations, to the extent any cable communications system operator uses its system to provide any non-cable services.

(Ord. 3550 § 7, 2/16/2016)

All houses and buildings fronting on any public street or avenue in the City shall be numbered in conformity with the provisions contained in this chapter.

(Ord. 493 § 1, 4/29/1915)

Buildings on the east side of any street running north and south within the City shall be entitled to receive odd numbers, and buildings on the west side thereof, even numbers; and buildings on the north side of any street running east and west within the City shall be entitled to receive odd numbers, and buildings on the south side thereof, even numbers.

(Ord. 493 § 2, 4/29/1915)

The initial point or base line for numbering buildings, fronting on streets running north and south shall be First Street, assumed as 100 and from such initial point of base line 100 constitutes the basis or representation number for each block fronting on such streets, to increase in the ratio of 100 for each successive block running south or north as the case may be.

(Ord. 493 § 1, 4/29/1915)

The initial point or base line for numbering buildings fronting upon streets running east and west shall be Laurel Street assumed as 100 and from such initial point or base line east or west 100 constitutes the basis or representation number for each block fronting on such streets, to increase in the ratio of 100 for each successive block east or west, and it is further ordered, that for convenience in location or address, all streets or avenues running west from Laurel Street, and all streets running east from Laurel Street shall be known and designated as East . . . . . . or West . . . . . . Street, adding the prefix east or west to the same as the case may be, to such streets east or west from Laurel Street.

(Ord. 493 § 4, 4/29/1915)

It shall be the duty of the City Engineer to prepare and keep in his office plats of lots and blocks of the City, and to enter thereon in such manner as to enable all persons interested to readily ascertain the same, the house numbers of all buildings and building lots in accordance with the action of the City Council heretofore had or hereafter ordained, and to make additions thereto, from time to time as necessities of the case may require, and any person desiring to obtain the number or numbers for house numbering purposes shall be so informed by the City Engineer or his assistants, free of cost on proper application therefor.

(Ord. 493 § 5, 4/29/1915)

Each door on all streets shall be entitled to a number, and vacant land or lots between buildings fronting on such streets shall be entitled to two numbers for each lot and a fraction thereof shall be entitled to a fractional number between adjoining lots thereto.

(Ord. 493 § 6, 4/29/1915)

It shall be the duty of the Building Official or designee to notify the owner or owners of unnumbered houses of the requirements of this chapter that unless such proper number is placed thereon within 30 days thereafter on such house or houses, the Building Official shall cause a complaint to be made against such offending owner or owners and upon conviction thereof, be punished as provided in section 1.24.010.

(Ord. 3155 § 1, 1/30/2004; Ord. 493 § 7, 4/29/1915)

No person shall display on any house or building fronting on any street or avenue in the City any numbering different from the numbering in this chapter.

(Ord. 493 § 8, 4/29/1915)

The purpose of this chapter is to prohibit pedestrian interference on sidewalks in the City of Port Angeles.

No person shall be cited under this section unless the person engages in conduct prohibited by this section after having been notified by a law enforcement officer that the conduct violates this section.

(Ord. 3366 § 3, 6/26/2009; Ord. 3198 § 1 (part), 5/13/2005)

The following definitions apply in this section:

A.

"Aggressively beg" means to beg with the intent to intimidate another person into giving money or goods.

B.

"Intimidate" means to engage in conduct which would make a reasonable person fearful or feel compelled.

C.

"Beg" means on a public right-of-way or in a public place to ask by words, bodily gestures, signs, or other means, for money or goods as a charity, or in exchange for labor.

D.

"Obstruct pedestrian or vehicular traffic" means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact.

E.

"Obstruct a sidewalk" means to sit or lie down upon a public sidewalk, or upon a blanket, chair, stool, or any other object placed upon a public sidewalk.

1.

Exceptions. The prohibition in subsection E. shall not apply to any person:

a.

Sitting or lying down on a public sidewalk due to a medical emergency;

b.

Who, as the result of a disability, utilizes a wheelchair, walker, or similar device to move about the public sidewalk;

c.

Operating or patronizing a commercial establishment conducted on the public sidewalk pursuant to a street use permit; or a person participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted on the public sidewalk pursuant to a street use or other applicable permit;

d.

Sitting on a chair or bench located on the public sidewalk which is supplied by a public agency or by the abutting private property owner;

e.

Sitting on a public sidewalk within a bus stop zone while waiting for public or private transportation.

F.

"Public place" means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.

(Ord. 3366 § 3, 6/26/2009; Ord. 3198 § 1 (part), 5/13/2005)

A person is guilty of pedestrian interference if, in a public place, he or she intentionally:

A.

Obstructs pedestrian or vehicular traffic; or

B.

Aggressively begs; or

C.

Obstructs a sidewalk.

(Ord. 3198 § 1 (part), 5/13/2005)

Violation of any portion of this chapter is a misdemeanor.

(Ord. 3198 § 1 (part), 5/13/2005)

It shall be unlawful for the parent or the guardian of any child under 16 years of age to authorize or knowingly permit any such child to violate any provision of this chapter.

(Ord. 3198 § 1 (part), 5/13/2005)

If any section, subsection, sentence, clause, phrase or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this chapter.

(Ord. 3198 § 1 (part), 5/13/2005)

The City Clerk and the codifiers of this chapter are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto.

(Ord. 3198 § 1 (part), 5/13/2005)

There is created a Transportation Benefit District (TBD) to be known as the Port Angeles Transportation Benefit District or "district" with geographical boundaries comprised of the corporate limits of the City as they currently exist or as they may exist following future annexations.

(Ord. 3593 § 3, 11/21/2017; Ord. 3578 § 3, 4/4/2017)

Pursuant to Chapter 36.74 RCW, from and after the effective date of this ordinance, the City of Port Angeles assumes all of the rights, powers, immunities, functions, and obligations of the Port Angeles Transportation Benefit District previously established in this chapter, and the City of Port Angeles is hereby vested with each and every right, power, immunity, function, and obligation granted to or possessed by the Port Angeles Transportation Benefit District under Chapter 36.73 RCW, this chapter, and any other applicable law as of the effective date of this ordinance. The governing body of the Port Angeles Transportation Benefit District is abolished and the rights, powers, functions and obligations previously exercised or performed by the governing body of the Port Angeles Transportation Benefit District are vested in the Port Angeles City Council.

(Ord. 3593 § 3, 11/21/2017)

A.

The Port Angeles City Council shall be vested with the authority to exercise the statutory powers set forth in Chapter 36.73 RCW and this chapter.

B.

The City Council shall implement the material change policy previously adopted by the Port Angeles Transportation Benefit District that addresses major plan changes that affect project delivery or the ability to finance the plan, pursuant to the requirements set forth in RCW 36.73.160(1).

C.

The City Council shall issue an annual report, pursuant to the requirements of RCW 36.73.160(2).

(Ord. 3593 § 3, 11/21/2017; Ord. 3578 § 3, 4/4/2017)

The City, acting by and through its City Council, shall have and exercise all powers and functions provided by law to fulfill the purposes of Chapter 36.73 and this chapter, including without limitation the power to request voter approval of, and thereafter impose and collect, a sales and use tax in accordance with RCW 82.14.0455.

(Ord. 3593 § 3, 11/21/2017; Ord. 3578 § 3, 4/4/2017)

The funds generated by the Transportation Benefit District shall be used for transportation improvements that preserve, maintain and operate the existing transportation infrastructure of the City, consistent with the requirements of Chapter 36.73 RCW. The funds may be utilized for any lawful purpose under the chapter; but all funds raised through the TBD shall be expended only for such preservation, maintenance and operation in accordance with the provisions of Chapter 36.73 RCW as the same exists or is hereafter amended. The funds expended by the district shall preserve, maintain and operate the City's previous investments in the transportation infrastructure, reduce the risk of transportation facility failure, improve safety, continue the cost-effectiveness of the City's infrastructure investments, and continue the optimal performance of the transportation system. Additional transportation improvement projects may be funded only after compliance with the provisions of RCW 36.73.050(2)(b) following notice, public hearing and enactment of an authorizing ordinance.

(Ord. 3578 § 3, 4/4/2017)

The Transportation Benefit District shall be automatically dissolved when all indebtedness of the district has been retired and when all of the district's anticipated responsibilities have been satisfied. Street preservation, maintenance and operation are ongoing, long-term obligations of the City.

(Ord. 3578 § 3, 4/4/2017)

As authorized pursuant to RCW 36.73, this chapter shall be liberally constructed to permit the accomplishment of its purposes.

(Ord. 3578 § 3, 4/4/2017)