ORD 08-578
ORDINANCE NO. 08-57?J
OR/~/NAL
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF FEDERAL WAY, WASHINGTON,
AMENDING THE REGULATION OF RIGHT-OF-
WAY ACTIVITIES. (Amending Ordinance Nos 90-50,
92-134)
WHEREAS, the City of Federal Way regulates activities that occur in the public
right-of-way in order to protect the public use of public rights-of-way, regulate traffic,
and to protect public health or safety; and
WHEREAS, the City wishes to modify the regulations on such activities in order
to provide more responsive service to those who wish to use the City's right-of-ways as
well as to provide a more efficient regulatory process; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, DO ORDAIN AS FOLLOWS
SECTION 1. Chapter 13, Article II, Section 13-28, of the Federal Way City Code
shall be amended to read as follows:
13-28 Permit required for improvement or use.
City read right-of-way shall not be privately improved or used for access or other
purposes and no development appro','al shall be issued "yhich requires use of privately
maintained city right of way unless a permit has been issued pursuant to this article,
except for utility construction 'Nork otherwiso authorized. No development approval
shall be issued which requires use of privately maintained city right-or-way unless a
permit has been issued pursuant to this article. This section shall not apply to driveway
connections from private property to city road right-of-way, utility construction work
otherwise authorized, rights-of-way activities, or general transportation and travel along
the right-of-way.
SECTION 2. Chapter 13, Article V, Section 13-121, of the Federal Way City
Code shall be amended to read as follows:
13-121 Definitions.
ORD # gg -518 ' PAGE I
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
'Activity' means includes, but is not limited to, parades, runs, walks, processions,
marches, races, block parties, demonstrations, exhibitions or organized rallies of any kind
'Nhich occur on a street, sidewalk or other public property and consisting of five or more
persons or two or more vehicles., rallies, and other similar short-term private uses of
public right-of-way which do not involve any significant physical disturbance of the
public right-of-way.
'Block party' means an event organized for the immediate neighborhood that
includes the llSe closure of a dead-end public street which has been approved by all
neighbors who \vill ha','e ingress and egress impaired.
SECTION 3. Chapter 13, Article V, Section 13-122, of the Federal Way City
Code shall be amended to read as follows:
13-122 Violations and penalties.
WillA person commits the offense of unlawful activity if the person knowingly
organizes or participates in an activity on public rights-of-way in violation of this article.
fb1GlA person commits the offense of interfering with an activity ifthe person
knowingly blocks, obstructs, hinders, impedes the passage of, or throws objects on or
toward an activity on public right-of-way or its participants; except that a person may
operate a vehicle that is not part of the activity between the vehicles or persons
comprising an activity if directed to do so by a police officer.
(e}QlAny person violating or failing to comply with any of the provisions of this article
may be punished by a fine of not more than $5,000 or imprisoned for not more than six
months, or both, for each day or part of a day during which the unlawful act or violation
occurs. The person may also be ordered to discontinue the unlawful act or correct the
violation.
{dtffiAny person who fails to comply with the provisions of this article is, in addition to
any criminal penalties, subject to a maximum civil penalty of$5,000 for each day or
portion of the day that the violation continues.
fet!2lNothing in this article limits the right of the city to pursue other lawful, criminal,
civil or equitable remedies to abate, discontinue, correct or discourage unlawful acts
under or in violation of this article.
SECTION 3. Chapter 13, Article V, Section 13-123, of the Federal Way City
Code shall be amended to read as follows:
13-123 General conditions.
The following conditions shall be applicable to any activity permitted under this article:
(1) Participants shall yield the right-of-way to vehicular traffic, unless otherwise provided
for in the permit, or directed otherwise directed by a police officer or other traffic control
ORD # O~.~78 ' PAGE 2
official.
(2) The activity will be conducted in such a manner that will ensure the safety of the
participants and spectators.
(3) The applicant shall be responsible for cleanup of areas and removal of all
paraphernalia and debris resulting from this activity, and will assume responsibility for
any damage resulting from activity.
(4) Except as otherwise prohibited by law or where an exemption is obtained as provided
by this article, A~ll applicants for a permit under this article shall provide obtain and
maintain in full force and effect during the term of the permit general liability insurance
'.'lith a minimum coverage of$5,000 and naming the city as an additional insured for this
activity. The insurance shall provide coverage in an amount that the City determines,
based on the information required in the application under FWCC 13-143, to be
necessary and adequate to protect participants, the public, and the City from injuries or
claims arising from torts or wrongful acts arising from the activity. The amount of the
insurance shall not reflect or be increased because of the content of any constitutionally
protected portion of the activity, but may be reduced or eliminated if the applicant
cooperates with the City to design the event to respond to specific risks, hazards, and
dangers to the public health and safety identified by the City as being reasonably
foreseeable consequences of the permitted event. A certificate for this coverage must be
on file prior to the activity. In lieu of insurance, an applicant may post cash or a bond that
provides the City with the same security as the otherwise required insurance. The
sponsor shall hold harmless the city, its officers, agents, and employees from any claim,
demand, action or judgement judgment for property damage, personal injury or death
arising from this activity.
(5) Tho activity will be conducted in such a manner that will ensure the safety of tho
participants.
(6) The city A right-of-way activity permit is only valid for that portion of the activity
which occurs within the municipal boundary on city right-of way, excluding state right-
of-way.
f+j (QlPermits issued pursuant to this article shall not be transferable by the applicant to
any other person.
SECTION 4. A new section is added to Chapter 13, Article V, of the Federal Way
City Code to read as follows:
13-124 Constitutional protections
This article is not intended, and shall not be applied or construed. to violate any
constitutionally protected rights. No consideration may be given to the content of any
speech. the message of any event. the identity or associational relationships of the
applicant. or to any assumptions or predictions as to the amount of hostility which may be
aroused in the public by the content of speech or message conveyed by the event in the
making of any decision or the use of any discretion under this article.
SECTION 5. Chapter 13, Article V, Section 13-141, of the Federal Way City
ORD # Og-<)7~ , PAGE 3
Code shall be amended to read as follows:
13-141 Right-of-way Activity Permit Required.
It shall be unla'.vful for any person to organize or participate in an activity Activities on a
public right-of-way in this city which either (1 ) are likely to or do substantially obstruct
or interfere with the public use of public rights-of-way, (2) are likely to or do fail to
comply with applicable traffic regulations or controls, (3) are likely to or do create a
substantial risk to public health or safety, or (4) consist of 25 or more people, are
unlawful unless without first having been issued a proper and current ~right-of-way
activity permit has been issued by the City. This section shall not apply to a spontaneous
event occasioned by news or affairs coming into public knowledge less than 2 business
days prior to such event where such event does not occur in the portion of the right-of-
way traveled by vehicles. does not otherwise substantially obstruct or interfere with the
public use of public rights-of-way, does not violate applicable traffic regulations or
controls. and does not create a substantial risk to public health or safety.
SECTION 6. Chapter 13, Article V, Section 13-142, of the Federal Way City
Code shall be amended to read as follows:
13-142 Exemptions.
WillFuneral processions. A funeral procession shall be exempt from obtaining a permit
under this division.
f4w The procession shall proceed to the place of interment by the most direct
route which is both lawful and practicable.
~Dll A funeral procession shall be accompanied by adequate escort vehicles for
traffic control purposes.
~~ All motor vehicles in the procession shall be operated with their lights
turned on.
WillExemption from fee. The following shall be required to obtain a permit, but shall
not be required to pay the applicant fee fees:
f4w Nonprofit organizations, including but not limited to religious, civic,
charitable, benevolent, nonprofit, cultural or youth organizations.
~Dll Fraternal benefit societies, as defined in RCW 48.36.010, fraternal fire
insurance associations, beneficiary corporations or societies organized under and existing
by virtue of RCW 24.16.010 and 24.16.140, inclusive, if such corporations and societies
provide in their bylaws for payment of death benefits as set forth in RCW 24.16.020 and
24.16.100.
~~ Any business or activity which is exempt from payment of such fees as
prescribed by this division by virtue of applicable provisions of the federal or state
Constitution, or applicable federal or state statutes shall bo exempt from the application
payment requirement of this division.
t41@ Any religious society, association or corporation which operates any
charitable hospital, clinic or institution devoted exclusively to the care or healing of
human beings.
ORD # OJ- 578 ' PAGE 4
SECTION 7. Chapter 13, Article V, Section 13-143, of the Federal Way City
Code shall be amended to read as follows:
13-143 Application.
(1) Requirement. Every person or organization required to procure obtain a permit under
any ordinance or any provision of this Code this article shall submit a truthful and
complete an application for such permit to the city clerk.
(2) Time. The application shall be submitted to the city clerk on an approved City form
at least JO-two business days prior to the intended date of the activity or seven days prior
to the intended date of the activity ifit will occur in the portion of the right-of-way
traveled by vehicles, unless the time is these provisions are waived by the city manager.:.
City. Such waiver shall be granted if the City is able to ensure the coordination of
necessary public services, the safety of the public, and reasonable public use the public
right-of-way. Applicants are encouraged to submit applications at least 30 days in
advance for events that may require more significant city services in order to ensure the
best coordination with City personnel. such as events that involve blocking roads or
traffic or events which may block emergency access to areas.
(3) Contents. The application for the permit shall be made to the city clerk, on forms
provided by such officer, 'Nhich application shall include, at a minimum, the following
information:
(+~) Name and address of the applicant. person responsible for the proposed activity.
(;!.h) Date of proposod activity.
(~) Desired route Route, including assembling points.
(44) Number of persons people, vehicles, and/or animals that will be participating in
activity.
(~~) Proposed start Start and end time.
(af) Name and policy number of the applicant's insurance company.
(-+g) Applicant's previous experience with the administration of this type of activity.
(&h) Name, address. email address. and telephone number of the activity coordinator
of the activity and the name, address. email address. and telephone number of an alternate
contact. The coordinator or alternate shall be available to address coordination of public
services and compliance with any conditions set by the City prior to approval of the
permit and thereafter.
(91) Traffic and activity control plan.
(j) Documentation for any requested exemption or waiver.
(Mk) Such other information as may be required by the city clerk for efficient
administration of this article. except that no information shall be required based on the
content of any constitutionally protected activity.
SECTION 8. Chapter 13, Article V, Section 13-144, of the Federal Way City
Code shall be amended to read as follows:
13-144 Fee.
ORD # tJ3.573 , PAGE 5
WillA nonrefundable permit fee shall aocompany all applications under this division,
unless the applicant is exempt pursuant to FWCC 13---l-Gl-142.
wm The city clerk shall issue a receipt to the applicant for the money paid in advance.
Such receipt shall not be construed as approval by the city clerk for the issuance of the
permit.
SECTION 9. Chapter 13, Article V, Section 13-145, of the Federal Way City
Code shall be amended to read as follows:
13-145 Issuance.
WillThe city clerk shall issue permits in the name of the eity City to all persons
applicants qualified under the provisions ofthis article. di'/ision and shall: Prior to
issuing a permit the city clerk shall submit all applications to the police department for its
endorsement as to whether the activity can be conducted without substantially obstructing
or interfering with the public use of public rights-of-way. without creating a substantial
risk to public health or safety. and without violating city or other regulations. The fire
district shall be notified of all applications. (1) Adopt all forms and prescribe the
information required to implement this article.
(2) Submit all applications to the public 'Norks department, fire department, and police
departmont for their endorsements as to compliance by the applicant \'lith all city or other
regulations which they have the duty of enforcing.
WmA permit shall be grunted issued if under the follO'.ving conditions:
f4w The activity can be conducted without endangering public health or safety;
~Dll The activity can be conducted without seriously inconveniencing the
general public substantially obstructing or interfering with the public use of public rights-
of-way;
~~ There is are sufficient available public safety personnel, ifit is determined
that it-is they are necessary to monitor or direct participants, observers or the general
public, to facilitate the safe and orderly conduct of the activity;, and upon payment, by
the applicant~, for the any required public safety personnel, as may be deemed
appropriate necessary by the City city manager based on the information submitted in the
application under FWCC 13-143 and the recommendations of the police department
under this section. Such payment shall not reflect or be increased in any way because of
the content of any constitutionally protected portion of the activity or anticipated reaction
thereto.
(d) The applicant has otherwise complied with this article and the activity can be
conducted without violating applicable laws and regulations.
(e}QlIfthe clerk or police department chief, fire chief or public works director
determines that the activity does not or cannot meet the requirements of this article
di'lision, the city elefk: may:
f4w Propose an alternate route. date, or time.
(2) Propose an alternate date.
(3) Propose an alternate time.
(4tDll Propose other requirements or modifications to make allow the activity to
qualify under this section. acceptable.
ORD # O!(-S?8 , PAGE 6
fB(c) Deny the permit. Notify any applicant of the approval or denial of this
application and shall, upon denial of any permit, state in 'Nriting the reason therefor, the
process for appeal thoreof and deliver it to the applicant.
(6) Deny any application for permit upon written findings that: the granting would be
detrimental to public peaco, health or welfare, or that such application for a permit is not
in compliance with any applicable city regulations.
Wffi When any such registration a permit is denied, the clerk shall issue written findings
that the issuance of the permit would be detrimental to public peace. health. or welfare or
that the activity or application is not in compliance with applicable laws and regulations.
The clerk shall notify the applicant of the denial, the findings. and the process by which
the applicant may appeal such decision pursuant to the process described in FWCC 13
-tW.
SECTION 10. Chapter 13, Article V, Section 13-146, of the Federal Way City
Code shall be amended to read as follows:
13-146 Revocation.
The city clork City may revoke a permit if circumstances reasonably show that the
activity can no longer be conducted consistont ","ith public safety without substantially
obstructing or interfering with the public use of public rights-of-way, without violating
applicable traffic regulations or controls, or without creating a substantial risk to public
health or safety. If a permit is revoked the clerk shall provide notice as provided in 13-
145(4).
SECTION 11. Chapter 13, Article V, Section 13-147, of the Federal Way City
Code shall be amended to read as follows:
13-147 Appeals.
WillAppeal period. An applicant for a permit under this article division shall must
appeal the any decision denying or revoking for revocation or denial of such the permit
within -l-Q ~days ofreceipt issuance ofthe notice of Sl:l6h the denial or revocation,-eF
deffi:al by filing a notice of appeal with the city clerk. Upon receipt by the city clerk of the
notice of appeal from the applicant, a hearing shall be held thereon before a hearing
examiner designated by the city. Notice of the hearing shall be given to the appellant at
least 10 days prior to the hearing. At Sl:l6h the hearing the appellant shall be entitled to be
heard and introduce evidence on his or her own behalf.
~Decision of the hearing examiner. The decision of the hearing examiner shall be
rendered within five days ofthe close of the hearing. The decision shall be in writing and
shall set forth the findings and reasons for the decision, and the applicant shall be notified
in writing. The decision of the hearing examiner is final unless appealedL within 14 days
of issuance, to the city council, by filing sooh a new notice of appeal with the city clerk
within the requirod time period.
(e}QlAppeal to city council. The city council shall hear the an appeal te of the hearing
examiner examiner's decision within 30 days ofthe filing of the notice of appeal. The
ORD # Of{ . 57Z , PAGE 7
city council may adopt, modify, or reverse the decision of the hearing examiner. The
decision of the city council shall be final upon issuance. unless appealed by 'Nrit of
certiori to the superior court '.vithin 10 days of the council decision.
SECTION 12. Chapter 13, Article V, Section 13-148, of the Federal Way City
Code shall be amended to read as follows:
13-148 Block party permits.
The basic conditions for issuance of permit for block party include: (1) In addition to the
information required under FWCC 13-143. applications for block party permits shall
include:
f4w There shall be a designated The name and contact information of a
designated neighborhood representative who will be responsible for meeting any
conditions set by the eity, City or the police department and fire conditions.
~(b) Proof that written approval has been obtained from all persons who will
have ingress and egress impaired by the street closure.
(2) All block party permits shall require at minimum the following conditions:
{&.The street will be closed by use of barricades or other approved devices which
are portable and easily removed.
~ ill The street will be closed except for an emergency lane of at least 12 feet
wide, free and clear of obstructions, for emergency vehicle use.
t411fl The street will be closed except for at least 150 feet from the end of any
cul-de-sac.
SECTION 13. Severability.
Should any section, subsection, paragraph, sentence, clause, or phrase of this
chapter, or its application to any person or situation, be declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the remaining
portions of this chapter or its application to any other person or situation. The City
Council of the City of Federal Way hereby declares that it would have adopted this
chapter and each section, subsection, sentence, clauses, phrase, or portion thereof,
irrespective of the fact that anyone or more sections, subsections, sentences, clauses,
phrases, or portions be declared invalid or unconstitutional.
SECTION 14. Corrections.
The City Clerk and the codifiers of this ordinance are authorized to make
ORD # O~~ 578 , PAGE 8
necessary corrections to this ordinance including, but no limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers
and any references thereto.
SECTION 15. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
SECTION 16. Effective Date. This ordinance shall take effect and be in force
thirty (30) days from and after its passage and publication, as provided by law.
PASSED by the City Council ofthe City of Federal Way this {~~ day of
~aAL
,2008.
CITY OF FEDERAL WAY
ATTEST:
CI
APPROVED AS TO FORM:
~d~~
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
ORD # ~6-578 ' PAGE 9