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Ordinance 0409ORDIM Al CE L 0. 409 . An Ordinance relating to and regalatirg the use and occupancy / of and the conduct of persons in and upon public places in the 0--C City of Edmonds, and the space above and beneath the surface of -t the same, prescribing penalties for violation of its provisions. LOW therefore, the City Council of the City of Edmonds do ordain as follows: SECTIOY, 1: This Ordinance is declared to be an exercise of the police power of the State of Washington, and of the City of r Edmonds, for the public safety, comfort and convenience thereof Q and its provisions shall be liberally construed for the accom- plishment of that purpose. SECTI01. 2: Lothing in this Ordinance shall be construed to ~� curtail or abridge the right of any person to prosecute a civil action for damages by reason of injury to person or property re- salting from the negligence of any other person in any public place, or the space above or beneath the same, ror shall the issuance of a permit hereunder be construed as relieving the persons accepting the same, or any person, from liability to the City, nor from any damages acc-ruirg to or suffered by any person, caused by the occupation, obstruction of or encroach- ment on any public place. SECTI01, 3: It shall be unlawful for any person to construct erect or maintain'in, upon, over or under any public place any qq sign, building extension, staging, swinging scaffold, clock or G�qy any other thing or structure; or to move any building along or across ary public place or street; or to use or occupy any park- ir_g strip; or to allow ary vehicle to be in or upon any public place other than that portion used as a roadway; or to open, ex- cavate or in any manner listurb or break the surface or founda- tion of any permanert pavement, or to alter the established grade of any street or to disturb the surface of, dig up, cut, excavate or fill in any public place; or construct or remove any sidewalk, cross walk, gutter, sewer pipes, water pipes or mains or to do ary work in any public place without obtaining and having a written permit from the Mayor of the City of Edmonds so to do. r r � SECTI01: 4: In order to obtain permits the person desiring same shall file an application with the Clerk of the City of Ed- monds, which application shall contain an accurate descriotion o� the portion of the public place desired to be occupied or used, the use to which it is desired to put the same and where it is desired to erect a structure or any other thing whatsoever. SECTIOr, 5: Ir order to obtain permits to move any building��� through, along, across the streets, or any public place, an ap- plication therefor shall state the street number and legal de-" scription of the premises upon which said building is situated and of the premises to which said building is to be moved and an exact route to be followed in the moving of said building, the method of moving sam_- , end the time to commence and finish mov- ing and any other questions which the Mayor of the City of 214 C) Edmonds may deem'fea-.able. SECTIOE 5: The applicant shall pay to the City Clerk of Ed- � ords the sum of Ter (v,10.00) Dollars and take -.--is receipt there- for, at the time of filing said application and in event said ap- plioation is approved or denied said fee shall be retained and turned into the Current Expense Fund. SECTIOT: 7: The Grartee of a permit to move a building along or across aLy public place shall bear any and all expenses of whatsoever nature that may be occasioned by such moving. If the ,�v�o)"Mayor of the City of Edmonds finds that the proposed occupation r or use will unduly interfere with the rights of the public, or ` other persors in such public place, he may refuse a permit, or he may require the applicant for a permit to execute and -deliver to the City an agreene)�t in writing containing a covenant on the part of said applicant, his heirs, executors, administrators and assigns, to forever hold and save the City of Edmonds free and harmless from any and all claims, actions or damages of every kind and deseriptior�, which may accrue to or be suffered by any person by reason of the use and occupation of such public place, or of the cor_structior, existence, maintenance or use of such structure. Such agreement shall contain a stipulation that the permit is wholly of a temporary nature, that it vests ro per- marent right whatsoever, and that upon five (5) days notice posted on the buildirt- structure or obstruction whatsoever,the same may be revoked, and the structure, building or obstruction ordered removed immediate y. If rot so removed by the applicant for permit same may be moved by order of the Mayor of the City of Edmonds, in any marrer that he may deem fit and the,expenses thereof charged to said applicant. To secure said agreement the Mayor of the City of Edmonds eA;��may require from applicant a Bond or a cash deposit in a Buff i- c:iert sum to guarar_tee and safeguard the City of Edmonds against any lass whatsoever. SECTIU 8: Any person who shall violate or fail to comply with any of the provisions of this Ordinance, or permit or suffer ,r ary property under his control to be or remain in any public place y in a manner herein forbidden, or when the same does not comply with the provisions hereof or who shall fail to remove any ob- struction or discontinue the use or occupancy of any public place when ordered to do so by the Mayor of the City of Edmonds, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be pur_ished by a fine in any sum rot exceeding One Hundred � y ($100.00) Dollars or by imprisormert in the City jail for a term pt/yt not exceeding Thirty (30) days, or by both such fine ar_d imprison- ment, and each day a-y person shall continue to violate or fail to comply with the � ovisiors of this Ordinance, shall be deemed and considered a sep_rate offense. SECTI01: 9: All other Ordinances and parts of Ordinances in conflict herewith are hereby repealed. SECTION 10: Th-�- Ordinance shall take effect and be in force AuA ter, days from and a -"tier its passage and approval. Passed the City Council the 2rd day of October 1928. Approved by the Mayor the 2nd day of October 1928. Geo-M-Leyda, 01---rk. F..L.Fourtrer, Mayor. 11 I hereby cent - that the, above and foregoing is a true and correct copy of Ordir-__ ce I:o.409 of the City of Edmonds, Mash. Geo.1.Leyda, City Clerk.