Ordinance 2023-94 - Laserfiche WebLink

• EV"; ETT ORDINANCE NO. 2023-94 AN ORDINANCE authorizing the closure of certain alleys, adding two new sections to EMC Chapter 46.08. NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: SECTION 1: A new section is hereby added to EMC Chapter 46.08, to read as follows: Alley Closure A. The mayor is authorized to close or authorize closure of any alley or portion thereof for entry or travel by the general public based on a recommendation of the Chief of Police that such a closure is necessary in order to prevent criminal activity occurring in or emanating from the alley. B. Within fifteen (15) days following the closure of any alley or portion thereof, pursuant to subsection 1 of this section, City Council shall conduct a public hearing to determine whether or not the alley or portion thereof shall remain closed. Following the public hearing, City Council may, by resolution: 1. Order the alley or any portion thereof closed by the mayor remain closed for a period not to exceed one year from the date of passage of the resolution, and state the hours of closure; or 2. Order the termination of closure of any alley or portion thereof ordered closed by the mayor. C. Unless otherwise ordered by the Mayor or City Council, any alley or portion thereof ordered closed, pursuant to subsection 1 or 2 of this section, shall remain open to access by the following persons: owners and occupants of the abutting properties and their guests; agents of utilities with facilities in the alley or serving the abutting properties; and government employees and emergency personnel in the performance of their duties. Upon ordering the closure, the traffic engineer shall cause the area to be posted with barricades or signs stating the hours of closure. SECTION 2: A new section is hereby added to EMC Chapter 46.08, to read as follows: Entry to Closed Alley Prohibited A. No person shall enter, remain or go upon any area which has been closed pursuant to section 1 of this ordinance, and is enclosed with fencing or barricades, or posted with "no admittance" or "no trespassing" signs, or both enclosed and posted, except as authorized by law. In any prosecution under this section, it is an affirmative defense that the actor was otherwise legally authorized to enter the area. B. A violation of this section is a misdemeanor.