SEATTLE CITY COUNCIL - Record No: CB 120722

• Record No: CB 120722
• Version: 1
• Council Bill No: CB 120722
• Type: Ordinance (Ord)
• Status: Passed
• Current Controlling Legislative Body: City Clerk
• On agenda: 12/12/2023
• Ordinance No: Ord 126971
• Title: AN ORDINANCE related to street and sidewalk use; expanding the indemnification and hold-harmless requirements, which are currently directed toward permittees, to include all those making use of public place, as use is defined in Seattle Municipal Code 15.02.048; and amending Section 15.04.060 of the Seattle Municipal Code.
• Sponsors: Alex Pedersen
• Supporting documents: 1. Central Staff Memo, 2. Presentation, 3. Signed Ordinance 126971, 4. Affidavit of Publication

Date	Ver.	Action By	Action	Result
12/28/2023	1	City Clerk	attested by City Clerk
12/28/2023	1	Mayor	returned
12/28/2023	1	Mayor	Signed
12/18/2023	1	City Clerk	submitted for Mayor's signature
12/12/2023	1	City Council	passed	Pass
12/5/2023	1	Transportation and Seattle Public Utilities	pass	Pass
11/21/2023	1	City Council	referred
11/9/2023	1	Council President's Office	sent for review
11/8/2023	1	City Clerk	sent for review
11/8/2023	1	Mayor	Mayor's leg transmitted to Council

CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
title
AN ORDINANCE related to street and sidewalk use; expanding the indemnification and hold-harmless requirements, which are currently directed toward permittees, to include all those making use of public place, as use is defined in Seattle Municipal Code 15.02.048; and amending Section 15.04.060 of the Seattle Municipal Code.
body
WHEREAS, Ordinance 126732 revised Seattle Municipal Code (SMC) Section 15.04.010 to allow the authorizing official to waive the permit requirement for certain uses of the public place; and
WHEREAS, "use" is defined in SMC Section 15.02.048 as exercising dominion or control over or occupying all or part of a public place with or without the right to do so; and
WHEREAS, the City wishes to protect itself from undue liability or loss resulting from both permitted and unpermitted use of the public place; and
WHEREAS, current code language limits to "permittees" the requirement for street and sidewalk users to defend, indemnify, and hold harmless The City of Seattle from and against any liability and all loss arising out of the use or occupancy of the public place; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. Section 15.04.060 of the Seattle Municipal Code, last amended by Ordinance 126732, is amended as follows:
15.04.060 Indemnity agreements and covenants
A. The permittee, or the ((owner of the object or improvement identified in the permit application if the permittee is not the owner)) individual or entity making use of the public place as defined in Section 15.02.048, whether or not a permit for the use is required or a permit is required but has not been obtained, shall agree to defend, indemnify, and hold harmless The City of Seattle, its officials, officers, employees, and agents from and against:
1. Any liability, claims, actions, suits, loss, costs, expense judgments, attorneys' fees, or damages o...