HomeMy WebLinkAbout03/19/03 AGENDA FILE
239 4th Street · Bremerton, WA 98337 · Phone (360) 478-5280 ,, Fax (360) 478-5251
CITY COUNCIL MEETING AGENDA
MARCH 19, 2003
1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in Council Conference Room
A. General Council Business
2. CALL TO ORDER: 5:30 P.M. in Council Chambers
A. Pledge of Allegiance
B. Invocation ~,
3. CONSENT AGENDA
A. Minutes of Meeting - March 12, 2003 (#AB03-041) {
4. CLAIMS/CHECK REGISTERS
5. COUNCIL MEMBER REPORTS
6. MAYOR'S REPORT
7. PUBLIC RECOGNITION - Comments limited to 3-minutes
8. NEW BUSINESS
A. Contract Award for Procurement of Seismic Braces for the Casad Dam Intake Tower
(#AB03-042)
9. PUBLIC HEARINGS - ORDINANCES & RESOLUTIONS
A. Ordinance No. 4849 (Second Reading) amending Chapter 21.22.240 of the
Bremerton Municipal Code relating to the Wetland Extraordinary Hardship Test
(#AB03-040)
B. Ordinance (First Reading) repealing and replacing Chapter 9.88 and Title 9A of the
Bremerton Municipal Code (#AB03-043)
10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
E-mail: cltycouncil@ci.bremerton.wa.us · Web: www. ci.bremerton.wa.us
CITY COUNCIL MEETING
MARCH 19, 2003
SPEAKERS LIST
/f you wish to make an announcement, inform the Council of an issue, or ask a genera/question...Please
provide information below so staff will be able to contact you.
Thank you.
NAME f~ ADDRESS/TELEPHONE TOPIC
;~ ,4
2.
Join the growing crowd of enthusiastic residents business owners, and
commtmity leaders who believe Bremex. ton is POS1TIVEIY a great place to live,
worl~ play and invest! Letg work together to keep the buzz soundlng good!
Bremerton is truly at a crossroad. We have come a long way toward rebuilding Bremerton, but
there is still much to be done. It is critically important we work together--the city government,
businesses, the media--to avoid negative messages which could destroy this POSITIVELY brilliant
image so many people have worked to create. This is the moment we have been waiting for and
it must be nurtured and protected if Bremerton is to prevail as a world class waterfront city we
can all enjoy.
Today, there are countless Bremertonians of all ages, backgrounds and heritage; true believers,
pouring hundreds of thousands of their own money, life savings, paychecks and late night man
hours into rebuilding this great city -- home by home, business by business. They POSITIVELY
believe in Bremerton's future; paying taxes, providing employment opportunities and supporting
a flourishing business, cultural and artisitic community They POSITIVELY need our support.
The mission of this new Asscoation is to ensure the media, elected officials, business and civic
groups continue to send POSITIVELY glowing updates to our neighbors, investors and visitors.
We may still be a li~le rough around the edges, but together we can use our energy and tax
dollars to bring a productive, constructive and positive new face to beautiful Bremerton!
Positively Bremerton Association is a privately sponsored organization open to anyone who is POSIVITELY excited about Bremerton's future.
We are just getting started and expect to have a newsletter/website in the next 30 days for sharing ideas and information about City govern-
ment updates and dates of important meetings. For next few weeks, Cafe Destino on McKenzie St across from Evergreen Park, will be the main
headquarters, but look for notices in all your favorite art galleries and eateries.! If you want to become a member, just drop off your name, address,
email and nhone number to Cafe Destino: attn: Kvle Cruver/H.Emilv Moshav. Thanks for all your ~ositive su~ort.
19 MARCH, 2003 PRESENTATION TO BREMERTON CITY COUNCIL Page 1 of 2
by Helen Miller
FOR MANY YEARS AND SEVERAL ADMINISTRATIONS - DREAMS AND IDEAS, SOMETIMES
LABELED AS "HAREBRAINED" OR "IMPOSSIBLE" WERE PROPOSED BY CITY AND COUNTY
OFFICIALS - FOR THE REVITALIZATION OF BREMERTON.
SOME OF THESE "IDEA PEOPLE", 1N DOING SO - PUT THEIR POLITICAL CAREERS ON THE
LINE; WHILE OTHERS WERE RIDICULED BECAUSE OF THEIR EXPRESSED IDEAS
BUT, EVERYONE INVOLVED, FROM THOSE IN THE HEADLINES TO THOSE WORKING
BEHIND THE SCENES - SHARED A COMMON GOAL ... TO MAKE KITSAP COUNTY A BETTER
PLACE TO LIVE BY REVITALIZING LONG DORMANT DOWNTOWN BREMERTON.
DREAMS TOOK ON REALITY THIS MONTH SIGNIFIED BY THE GROUNDBREAKING FOR
BOTH THE CONFERENCE CENTER AND GOVERNMENT CENTER.
AT TI-IlS MOMENT IN TIME, I BELIEVE THAT WE SHOULD REMEMBER THAT WITHOUT THE
UNFAILING INTEREST AND DEDICATED SUPPORT OF THE HONORABLE NORMAN DICKS,
U.S. CONGRESSMAN FOR OUR DISTRICT - AND HIS STAFF - THAT NONE OF THIS WOULD
HAVE MATERIALIZED.
WITH THIS IN MIND, I PROPOSE THAT ONE OF THESE NEW CENTERS BEAR HIS NAME, AS A
TOKEN OF OUR APPRECIATION FOR HIS UNWAVERING SUPPORT - WITHOUT WHICH THE
CITY OF BREMERTON COULD HAVE BECOME A GHOST TOWN - SUCH AS BEFELL MANY
OTHER SHIPYARD COMMUNITIES ACROSS OUR COUNTRY.
WE MUST Al I. REMEMBER THAT A GROUNDBREAK1NG IS ONLY A BEGINNING. IT IS NOT
THE END. MUCH WORK AND MANY DANGERS LIE AHEAD ALONG THAT ROAD TO
COMPLETION.
19 MARCH, 2003 PRESENTATION TO BREMERTON CITY COUNCIL Page 2 of 2
ONE SUCH DANGER IS THE EFFECT WHICH WOULD RESULT FROM NOT CORRECTING CITY
VIOLATIONS OF THE BMC. THE CODE STATES THAT "EVERY.ACE F.41LURE TO.4CT, TH.4TIS
CONTRARY TO THIS CODE SH.4LL BE .4 CODE VIOLATION. CODE VIOLATIONS SHALL BE CIVIL
INFRACTIONS OR CRIMIN.4L M[SDEME.4NORS." AND AS SUCH MAy BE PROSECUTED.
SUCH ACTIONS ON THE PART OF ELECTED OR APPOINTED OFFICIALS, OF NOT LIVING UP
TO THEIR OATH OF OFFICE, AND NOT COMPLYING WITH THEIR STATUTORY FUNCTIONS
AND RESPONSIBILITIES, WOULD INDEED BE DESTRUCTIVE; TO THE CITY'S IMAGE AND
REPUTATION; TO THE EXTENT THAT THEY HAD NOT BEEN IMMEDIATELY CORRECTED
BY THE CHIEF EXECUTIVE.
OUR LEGISLATORS, THE CITY COUNCIL, RECENTLY RESPECTFULLY REQUESTED THE
OPPORTUNITY TO REVIEW THE CODE VIOLATIONS RELATED TO PERSONNEL HIRING AND
PAY AWARDS. THESE HIRINGS AND AWARDS SHOULD HAVE BEEN SANCTIONED BY THE
COUNCIL IN ADVANCE; AS REQUIRED BY THE BMC.
WE MUST GIVE THE COUNCIL THE OPPORTUNITY TO CORRECT THESE VIOLATIONS BY
CERTAIN DEPARTMENTS AND OFFICIALS WHO HAVE NOT ADHERED TO THE LOCAL
CODES AND STATUTES, WHETHER OUT OF EXPEDIENCY, IGNORANCE OR GUILE, THERE
IS NO EXCUSE. THE CITY NEEDS TO BE IN COMPLIANCE WITH THE LAW. SUCH OUTLAW
ACTIONS AND ATTITUDES ARE DESTRUCTIVE TO THE FUTURE OF OUR COMMIYN1TY.
LACKING CONTRARY INFORMATION, WE MUST ASSUME THAT THESE ACTIONS AND
DECEPTIONS, HAVING BEEN IGNORED AFTER BEING IDENTIFIED FOR HIM, ARE
COMPLICITLY CONDONED BY OUR CITY ATTORNEY.
AGENDA BILL
BREMERTON CITY COUNCIL
1. J..~,J_.$.!F.~T: FOR AGENDA OF: MARCH 19, 2001
ORIGINATING DEPT: CITY COUNCIL
MINUTES OF MEET1NG- MARCH 12, 2003 ORIGINATOR: CAROL ARENDS, PRESIDENT
DATE SUBMITTED: MARCH 13, 2003
2. ~: (Comment on backifnecessary) 3. EXHIBITS:
ENDORSEMENT [~ INFORMATION [~] APPROVED FOR SUBMITTAL By
CO ~I~5IL PRESIDEN~ .
MAYOR:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
5. RECOMMENDATION:
6. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
7. NOTICE OF ACTION:
PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE:
COUNCIL DIRECTIVE:
8. AGENDA BILL NO.:
/
9. IMPACT OF NON-PASSAGE:
10. IMPACT ON STAFFING. BUDGETS. FACILITIES. EOUIPMENT OR OTHER RESOURCES:
11. RESEARCH SOURCES:
TAPES #1882 & #1883
CITY COUNCIL MEETING MINUTES
March 12, 2003
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, March 12, 2003, at 5:30
P.M., with Council President Carol Arends presiding. Council members present were Mike Short, Will
Maupin, Eric Younger, Mike Shepherd, Ed Rollman, Daren Nygren, Cecil McConnell, and Wayne
OIsen. Aisc present were City Attorney Roger Lubovich; Deputy City Clerk Paula Johnston; and
Legislative Assistant Lori Smith.
The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell~
followed by the invocation provided by Pastor Rick Bodrie of the Calvary Chapel.
President Arends made the following announcements:
1. A Pre-Council session was held in the Council Conference Room to discuss updates to the
meeting Agenda; and
2. A Study Session will be held immediately following the regular Council Meeting tonight in the
Council Conference Room to discuss the "JOB DESCRIPTION FOR THE MUNICIPAL SERVICES
COORDINATOR POSITION".
CONSENT AGENDA
A. Minutes of Meeting - February 28, 2003 (#AB03-030)
B. Renewal of Fee Agreements with Jane Ryan Koler, PLCC; Carol A. Morris, PC; Buckley
and Leaders; Keating, Bucklin and McCormack, Inc.; and McGavick Graves, P.S. (#AB03-
031 )
C. Public Works Agreement with BRI, Incorporated (#AB03-032)
D. Contract Modification Agreement No. 1 to Professional Services Agreement with HDR
Engineering for CSO Program Engineering Design Services (#AB03-033)
#0035 M/SIC (McConnell/Olsen) Move to approve Consent Agenda as presented.
Voted in favor of Motion: Olsen, McConnell, Nygren, Rollman, Shepherd, Younger, Maupin, Short,
and Arends
Abstained: Shepherd
Motion carried: 8-Yes; 1-Abstention
CLAIMS & CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those
expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a
listing that had been made available to the Council.
#0075 M/S/C/U (Younger/McConnell) On March 12, 2003 the Council approved payment for Check
Numbers 279005 through 279391 in the amount of $1,451,712.70; Regular Payroll in the amount of
$1,030,459.87 for the pay period ending February 28, 2003; and Retiree Payroll in the amount of
$144,629.04 for the pay period ending February 28, 2003.
COUNCIL MEMBER REPORTS
Mike Short thanked all of the citizens who attended the District 9 meeting on Monday, March 10 to
discuss the proposed "Hydro Fest & Regatta" planned for Kitsap Lake in April.
Will Maupin summarized the issues discussed at several meetings he attended this past week; and
commented how impressed he was with the "Bremerton Night" event in Olympia.
TAPES #1882 & #1883
City Council Reg. Mtg. Minutes
March 12, 2003
Page 2 of 5
Eric Youn.qer thanked the citizens who attended the combined District 6 & 7 Neighborhood meeting
held last Thursday and thanked Gary Sexton, Economic Development Director for his presentation.
Mike Shepherd was also pleased with the turn-out and organization of the "Bremerton Night" event;
announced an Evergreen Neighborhood meeting at 6:30 P.M. on Tuesday, March 18 at the Destino
Caf~ located at the corner of Sheldon & McKenzie; and lastly, announced the next District 5
neighborhood meeting from 6:30 to 8:00 P.M. on Thursday, March 20 at the Memorial Lutheran
Church located at 10t'& Veneta.
Ed Rollman discussed several meetings he recently attended, including the CenCom Policy Board,
Parking Committee, and Downtown Library Committee; and commended Bob Tulp for his efforts in
installing skateboard-blocking brackets to prevent further damage to the curbs.
Daren Ny,qren reported on a number of meetings and activities he has recently participated in
including the Parking Committee meeting along with Council member Rollman; the YMCA Volunteer
Appreciation Banquet with Mr. & Mrs. Rob Forbes; he toured the Harrison Hospital Sleep Clinic where
he learned about the programs and state-of-the-art equipment added to the Hospital; he will be
reviewing the sentencing standards with a committee formed by the Kitsap County Prosecutor; and
lastly, he invited citizens to attend the next District 3 meeting at 7:00 P.M. on Tuesday, March 25 to
discuss "Bramerton Transportation Issues" with representatives from Kitsap Transit.
President Arends was glad to be back after a vacation that included trips to Minnesota and Hawaii;
and reported on her attendance at numerous events and meetings including the KRCC Policy Board,
Health Board, Kitsap Transit, and Emergency Management Board meetings; the Downtown Library
Committee meeting; the First Friday Art Walk last week; and the District 6 & 7 Neighborhood
meeting. She too thanked Gary Sexton for his presentation.
MAYOR'S REPORT
· Mayor Bozeman saluted several local citizens for their "dreams" and "visions" in investing and
opening new businesses in Bremerton including the owners of Caf~ Destino, La Fermata,
Goodies Candy Shop, American Financial; and Campanas Bay Bowl; and
· Summarized the current investment and permitting activity on new Bremerton projects for the next
15 months.
PUBLIC RECOGNITION
Allen Shute thanked the City for the efforts in providing video tapes of City Council meetings to the
local library. Paula Johnston also reported that the Bremerton Municipal Code would soon be an
addition to the City's web site.
Don Larson announced the Sinclair Intet Clean Up event would be held Saturday, April 19. He
requested assistance from the City in obtaining the use of a dumpster.
Lanette Duchesneau expressed her frustration at the lack of response from the City in making it
safer for the children who need to use the crosswalk at 11th Street & Montgomery to get to Naval
Avenue Elementary School.
8A- PUBLIC COMMENT PERIOD FOR GRANT APPLICATION FOR CONFERENCE CENTER
BROWNFIELDS (#AB03-34): Gary Sexton, Economic Development Director, announced that the
City of Bremerton and Kitsap Transit Authority are seeking public comments on the City's pending
TAPES #1882 & #1883
City Council Reg. Mtg. Minutes
March 12, 2003
Page 3 of 5
application to the U.S. Environmental Protection Agency (EPA) for a Brownfields grant that could
secure up to $600,000 for cleaning up brownfields sites located in Bremerton. Comments will be
accepted from Monday, March 10 through 5:00 P.M. on Friday, March 14, 2003. It was announced
that the complete grant application would be made available for public review.
There were no comments from the public.
No Council Action was required on this item.
8B - PROPOSAL TO PURCHASE A 2003 AMBULANCE FROM BRAUN NORTHWEST, INC
(#AB03-035): Fire Chief Al Duke summarized that the attached contract proposal is for a purchase of
a 2003 ambulance from BRAUN NORTHWEST, INC. There are currently three Braun ambulances in the
fleet, and that this ambulance would replace the 1992 Road Rescue unit that will be surplused this
year. The City of Bremerton has in effect an Intergovernmental Purchasing Agreement that has
allowed the City to purchase off the Central Pierce Fire and Rescue District #15 bid.
There were no comments from the public.
#1340 M/S/C/U (Short/McConnell) Move to authorize the Mayor to sign and enter into a contract
proposal with BRAUN NORTHWEST, INC. for the purchase of a 2003 ambulance.
8C - REAL ESTATE PURCHASE AND SALE AGREEMENT FOR FIRE STATION PROPERTY AT
811 PARK AVENUE; AND RESOLUTION NO. 2887 AUTHORIZING AN INTERFUND LOAN
(#AB03-036): Kathleen McCluskey, Administrative Services Director, stated that the attached
agreement is for the pumhase of approximately 1.1 acres of property at 811 Park Avenue for the new
Fire Station Headquarters to be built with Public Safety Bond Proceeds. The Council is being asked
to approve the Real Estate Purchase & Sale Agreement with Jerry & Marilyn Clark in the amount of
$550,000; and to approve the interfund loan from the Equipment Rental Reserve Fund to the Public
Safety Bond Fund in the amount of $800,000, which will be used to cover the cost for the acquisition
of the Clark property as well as any additional real property necessary for the project and demolition
cost for the siting of the new Fire Station.
There were no comments from the public.
#2000 M/S/C/U (Shepherd/Olsen) Move to approve Real Estate Purchase and Sale Agreement.
#2025 M/S/C/U (Shepherd/Olsen) Move to adopt Resolution No. 2887, authorizing an interfund loan.
8D - BID AWARD TO AIR SYSTEMS ENGINEERING, INC. FOR THE MECHANICAL UPGRADER
AT THE GLENN JARSTAD AQUATIC CENTER; AND BUDGET ADJUSTMENT NO. 2003-1
(#AB03-037): Jeff Elevado, Aquatics & Athletics Manager for the Parks & Recreation Department,
announced that bids were opened on Tuesday, February 18, 2003 for the Mechanical Upgrades at
the Glenn Jarstad Aquatic Center. A total of three (3) bids were received for this project. The Iow
bidder was AIR SYSTEMS ENGINEERING, INC. from Tacoma, WA for the lump-sum bid id $242,566.00.
The total contract amount including Washington State Sales Tax is $263,184.11.
In addition to this bid award, is a request for a Budget Adjustment of $260,400.00. The Council is
asked to approve the move of an unspent 2002 UPARR Grant Award of $182,280 and the 2002
CDBG match of $78,120 for the UPARR Grant to the budgeted 2003 CDBG Grant funded project of
$50,000 entitled "Jarstad Rehabilitation" to support this bid award of $263,184.11, and provide a total
HVAC Rehabilitation Project Budget of $310,400.
There were no comments from the public.
TAPES #1882 & #1883
City Council Reg. Mtg. Minutes
March 12, 2003
Page 4 of 5
#2225 M/S/C/U (Nygren/Maupin) Move that Council approve the contract award to AIR SYSTEMS
ENGINEERING, INC. of Tacoma for the Mechanical Upgrades at the Glenn Jarstad Aquatic Center in
the amount of $263,184.11; and authorize the Mayor to execute the contract subject to current City
Administrative Policies and Procedures. Additionally, approve the related budget adjustment subject
to current City Administrative Policies and Procedures.
8E - INTERLOCAL AGREEMENT TO PURCHASE THREE (3) FIRE ENGINES FROM SEAGRAVF
CORPORATION (#AB03-038): Fire Chief Al Duke explained that the contract proposal is for three
(3) Fire Engines as outlined in the Bond issue. The City wishes to pumhase the SEAGRAVE engines
for the reasons listed in the attached Bremerton Fire Department Apparatus Specification Committee
Minutes. In addition this purchase will continue our effort to standardize the fleet which results in
increased safety because the controls for each apparatus in our fleet will be the same. This will also
create greater efficiency during maintenance of the apparatus. The City has received an excellent
price through an Interlocal Cooperative Agreement with the City of Radcliff, Kentucky. Pat McGaney
and GreR Bowman, Firefighters with the Bremerton Fire Department and members of the Fire
Department Apparatus Specification Committee, provided a briefing on the reasons why the
committee recommended the purchase of the new fire engines from SEAGRAVE CORPORATION.
There were no comments from the public.
#3163 M/S/C/U (McConnell/Olsen) Move to find that the findings and recommendation of the Fire
Department Apparatus Specification Committee (attached) are an appropriate basis for acquisition of
fire apparatus through governmental agency; That this agreement to purchase through an Interlocal
Agreement with the City of Radcliff, Kentucky complies with the provisions of BMC 2.76 and is
therefore exempt form our standard requirements to purchase by bid call; and further, that the Mayor
is authorized to finalize and execute necessary documents to purchase three (3) Engines from the
SEAGRAVE CORPORATrON, of Clintonville, Wisconsin, subject to approval of the City Attorney.
8F - SOLE SOURCE PURCHASE OF ONE (1) QUINT AERIAL APPARATUS FROM SEAGRAVF
CORPORATION (#AB03-039): Fire Chief Al Duke stated that the contract proposal is for the
purchase of one (1) Quint Aerial Apparatus via a sole source contract with the SEAGRAVE
CORPORATION. The City wishes to purchase this SEAGRAVE apparatus as a sole source because it
will continue our effort to standardize the fleet. This has several benefits including increased safety
because the controls for each apparatus in our fleet will be the same thereby reducing the risk of a
mistake. Also, this will bring about greater efficiency during maintenance of the apparatus. The City
has received a good price and is within the budgeted amount specified. Pat McGaney and Gre.cI
Bowman, Firefighters with the Bremerton Fire Department and members of the Fire Department
Apparatus Specification Committee, highlighted the criteria used prior to selecting SEAGRAVE
CORPORATION as the manufacturer for the quint aerial apparatus.
There were no comments from the public.
#3571 M/S/C/U (Younger/McConnell) Move to find that the findings and recommendation of the Fire
Department Apparatus Specification Committee (attached) are an appropriate basis for a sole source
acquisition; That the City will be benefited by making this purchase as a sole source pumhase from
the manufacturer; And further, that the Mayor is authorized to finalize and execute necessary
purchase agreements to purchase one (1) Quint Aerial Apparatus from the SEAGRAVE CORPORATION
via a sole source contract subject to the approval of the City Attorney.
9A - ORDINANCE (FIRST READING) AMENDING CHAPTER 21.22.240 OF THE BREMERTON
MUNICIPAL CODE RELATING TO THE WETLAND EXTRAORDINARY HARDSHIP TEST (#AB03-
TAPES #1882 & #1883
City Council Reg. Mtg. Minutes
March 12, 2003
Page 5 of 5
040): Chris HuRo, Director of the Community Development Depadment and Adrianne "Dri" Ralph,
Environmental Planner with the Community Development Department, explained that the current
provisions of BMC 21.22.240 relating to the Wetland extraordinary hardship test result in the
circumvention of the original intent of the test and may result in the unintended regulatory taking of
property and confusion regarding the applicability of certain test criterion. The proposal ordinance
amends provisions relating to the requirements of meeting the test in order to allow for the
reasonable use of property.
Helen Miller asked if the code is being changed to accommodate permit requests; would like to know
if there is a definition for "all reasonable economic use"; questioned the definition of "diminished
value"; and emphasized that when you purchase property, you are not guaranteed an economic use
of the property. Ms. Ralph responded that courts have not outlined what "all economic use" is, but
there is a test available to determine diminished value. The wetland permit has not been issued as
discussed by Ms. Miller and staff is working with the applicant to go through the appropriate process.
Mr. Hugo also added that the question isn't whether 70% or 80% of the value has been taken, the
criteria that has been implemented is that the City can potentially take all the value - it is not a matter
of degree, it is all or nothing, and that is where the vulnerability lies.
Mr. Short believed that the proposed changes were a reasonable compromise to protect the
wetlands as well as protect the rights of property owners. However, he noted the permit process is
not complete, and appropriate restrictions can still be placed.
#0525 MISIClU (Short/Olsen) Move to approve the proposed ordinance on first reading.
With no further business, the regular meeting of the City Council was adjourned at 7:26 P.M. The
Council then reconvened in the Council Conference Room for a Study Session to discuss the "JOB
DESCRIPTION FOR THE MUNICIPAL SERVICES COORDINATOR POSITION".
Prepared and Submitted by:
LORI SMITH
Legislative Assistant
Attest:
PAULA JOHNSTON, Deputy City Clerk
CAROL ARENDS, City Council President
City of Bremerton
CNP J/Islcge
c: Normal Distribution;
File
7
AGENDA Bll
BREMERTON CITY COUNCIL
1. SUB,JECT: BID AWARD FOR FOR AGENDA OF: March 19, 2003
PROCUREMENT OF SEISMIC BRACES FOR ORIGINATING DEPT: PW&U Engineering Division
THE CASAD DAM INTAKE TOWER ORIGINATOR: Michael C. Mecham, City Engi~J~l~
DATE SUBMITTED: March 6, 2003
2. CLEARANCES: (comn~ntonbacki~njme,.ssar~) ,/j__ 3. / EXHIBITS
Director, Public Works/Utilities
City Attorney B.A' Bidsite TabulatiOnMap
Administrative Services Director
Budget & F~nance Comrmttee
Operations Committee
ENDORS
MAYOR
C-'OUNCIL PRESIDENT
~ ~ APPROVED BY COUNCIL I~;p, ESIDENT FOR SUBMITIAL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
Bids were opened for the Casad Dam Intake Tower Seismic Brace, Fabrication and Supply project on March 5,
2003. There was only a single bid received for this project. Star Seismic LLC was the lowest responsive bidder
with a bid of $159,548 (including sales tax.) The Engineer's estimate for the project is $130,000 to $170,000. This
project is funded by a DWSRF loan.
This pumhase includes fabrication and supply of six unbonded seismic braces for the Casad Dam Intake Tower
Seismic Upgrade project. The braces will be installed at a later date under a separate contract for the construction
of this project.
The requested action before the City Council is award of a bid in the amount of $159,548 with Star Seismic LLC
for the fabrication and supply of seismic braces for the Casad Dam Intake Tower.
8. RECOMMENDATION:
Move to award the bid in the amount of $159,548 with Star Seismic LLC for the fabrication an~_supply of seismic
braces for the Casad Dam Intake Tower and authorize the Mayor to execute the necessary con, ct documents for
the purchase.
9. RESPONSIBLE OFFICIAL: City Engineer
ENFORCEMENT OFFICIAL: N/A
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION E..~A
PULLED__ TABLED __ APPROVED __ DISAPPROVED
COUNCIL DIRECTIVE 7AT
11. AGENDA BILL NO: c
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
There is a short construction window available each year during September and October when the Union River
reservoir is drawn down. The delay in materials acquisition may cause a delay in the installation of the braces of up
to one year.
6. IMPACT ON STAFFING, BUDGETS~ FACILITIES, EQUIPMENT OR OTI-rE~R RESOURCES:
Staffing: No Impacts.
Budget: The Casad Dam Intake Tower Seismic Upgrade Project is funded by a Drinking Water State
Revolving Fund (DWSRF) loan and is included in the 2002 and 2003 Budget.
Facilities: No Impacts.
7. RESEARCH SOURCES
· -.~0~ab, Agenda Bills, 2003, procurement of Seismic Braces for the Casad Dam Intake Tower
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PROJECT SITE
SITE MAP
/!
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: PUBLIC HEARING ON FORAGENDA:
ORDINANCE AMENDING CH. 21.22.240 O~G~ATING DEPT: Community Development
RELAT~G TO THE WETLAND O~G~ATOR: Adfia~e Ralph
EXT~ORD~ARY HA~SHIP TEST DATE SUBMITTED: 13 February 2003
2. C,~CES: (Cogent on back ifnecess~) 3. EXHIBITS:
Staff R~o~, Plying Commission November
? t (,, 5 , L~ (lC / Minutes, DNS, ~d PROPOSED O~ANCE
ROG~ A. LUB0~CH, City Attorney
OPE~TIONS CHAI~N CO~CIL P~SIDENT
ENDORSE~
MiYO
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The current provisions of BMC Section 21.22.240 relating to the Wetland extraordinary hardship test result in
the circumvention of the original intent of the test and may result in the unintended regulatory taldng of
property and confusion regarding the applicability of certain test criter/on. The proposed ordinance amends
provisions relating to the requirements of meeting the test in order to allow for the reasonable use of property.
5. RECOMMENDATION:
~c~;'c t~ aiw .... ~L: ~ro~ca~d ard!nanee ~n fir:t reading.
Move to pass Ordinance No. 4~¢ ~ on second reading.
6. RESPONSIBLE OFFICIAL: Director of Community Development
ENFORCEMENT OFFICIAL: Director of Cozmnunity Development
EXPIRATION DATE: n/a
REVIEW DATE: rda
7. NOTICE OF ACTION:
COUNcILPULLED []DiRECTivE:TABLED [] APPROVED [] DISAPPROVED [] AMENDED ~~:
8. AGENDA BILL NO.: ~3--
9. IMPACT OF NON-PASSAGE:
Exposes city to takings claims. Undermines the intent of the Extraordinary Hardship Test contained in the
Critical Lands Ordinance (BMC 21.22.240).
10. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
None.
11. RESEARCH SOURCES:
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Section 21.22.240 of the
Bremerton Municipal Code, entitled "Extraordinary Hardship
Test," modifying the criteria required to demonstrate that an
extraordinary hardship exists.
WHEREAS, the current provisions of Section 21.22.240 of the Bremerton
Municipal Code relating to the Extraordinary Hardship Test result in the circumvention
of the original intent of the test and in an impractical application of the regulation; and
WHEREAS, the current provisions of Section 21.22.240 of the Bremerton
Municipal Code relating to the Extraordinary Hardship Test may result in the unintended
regulatory taking of property; and
WHEREAS, the current provisions of Section 21.22.240 of the Bremerton
Municipal Code relating to the Extraordinary Hardship Test may result in confusion
regarding the applicability of certain test criterion; and
WHEREAS, this proposal was reviewed to ensure compliance with SEPA
and was issued a determination of non-significance on November 19, 2002; and
WHEREAS, on November 12, 2002, the Bremerton planning commission
held a public hearing on this proposed change, and after careful consideration has
recommended that the Bremerton City Council make the proposed amendment; and
WHEREAS, the City Council desires to amend provisions relating to the
requirements of meeting the test in order to allow for the reasonable use of property; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Wetland Extraordinary Hardship Test
SECTION 1. Section 21.22.240 of the Bremerton Municipal Code entitled
"Extraordinary Hardship Test" is hereby amended to read as follows:
21.22.240 Extraordinary Hardship Test.
An extraordinary hardship exists when the standards of this chapter deny all reasonable
economic use of the property. Diminished value shall not be considered an extraordinary
hardship. To demonstrate extraordinary hardship, the applicant must demonstrate the following:
(ab) There is no reasonable economic use or value with less impact on the wetland or
stream;
(_be) There are no feasible on-site altematives to the proposed activity or use (e.g.,
reduction in density or use intensity, scope or size, change in timing, phasing or implementation,
layout revision or other site planning considerations) that would allow reasonable economic use
with less adverse impact;
(cd) The proposed activity or use will be mitigated to the maximum extent possible
and result in minimum feasible alteration or impairment of functional characteristics of the site,
including contours, vegetation, fish and wildlife habitat, groundwater, surface water and
hydrological conditions;
(de) The proposed activity or use complies With all local, state, and federal laws and
will not jeopardize the continued existence of endangered, threatened, sensitive or priority
habitat or species; and
(el) The inability to derive reasonable economic use is not the result of actions by the
applicant in segregating or dividing the property in a way that makes the property unable to be
developed after the effective date of this ordinance.
SECTION2. Severabilitv. If any one or more sections, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not
Wetland Extraordinary Hardship Test
affect the validity of the remaining portion of this ordinance and the same shall remain in full
force and effect.
SECTION3. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
APPROVED by the City Council the day of ,2003
PASSED by the City Council the day of ,2003
CAROL ARENDS, Council President
Approved this day of ,2003
CARY BOZEMAN, Mayor
ATTEST: APPROVED AS TO FORM:
KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of ,2003
EFFECTIVE the day of ,2003
ORDINANCE NO.
RSLEGAL\Ordinances\Community Development\Wetland extraordinary hardship.doc
Wetland Extraordinary Hardship Test
CITY OF BREMERTON
DEPARTMENT OF COMMUNITY DEVELOPMENT
CURRENT LAND USE STAFF REPORT
REGARDING:
12 February 2003
SUMMARY
1. Applicant: City of Bremerton
Department of Community Development
286 4th Street
Bremerton, WA 98337
2. Location: The text amendment would be applicable citywide.
3. Attachments: Notice of Application with intent to DNS, SEPA Checklist,
and Draft Ordinance.
4. Bremerton Municipal Code (BMC): Critical Lands Ordinance 21.22.240
5. Application: PL02-0063
BACKGROUND
The intent of the Extraordinary Hardship Test found in the wetlands section of the
Critical Lands Ordinance is to avoid denial of "all reasonable economic use" of a
property. The current ordinance is constructed such that an applicant must be
able to show that the property and their proposal to develop that property, meet
all seven of the criterion established in the test.
Currently the criteria include:
(a) The activity or use is a water-dependent project that requires wetland
access as an essential element of its function;
(b) There is no reasonable economic use or value with less impact on
the wetland or stream;
(c) There are no feasible on-site alternatives to the proposed activity or
use (e.g., reduction in density or use intensity, scope or size, change in timing,
Staff Report 1
Text Amendment to 21.22,240
phasing or implementation, layout revision or other site planning considerations)
that would allow reasonable economic use with less adverse impact;
(d) The proposed activity or use will be mitigated to the maximum extent
possible and result in minimum feasible alteration or impairment of functional
characteristics of the site, including contours, vegetation, fish and wildlife habitat,
groundwater, surface water and hydrological conditions;
(e) The proposed activity or use complies with all local, state, and federal
laws and will not jeopardize the continued existence of endangered, threatened,
sensitive or priority habitat or species; and
(f) The inability to derive reasonable economic use is not the result of
actions by the applicant in segregating or dividing the property in a way that
makes the property unable to be developed after the effective date of this
ordinance.
(g) Diminished value shall not be considered on extraordinary hardship.
The proposed text amendment would remove criterion (a) and incorporate
criterion (g) into the descriptive paragraph introducing the test.
The removal of criterion (a) is a result of the Department of Community
Development's belief that criterion (a) undermines the intent of the ordinance and
could potentially preclude "reasonable economic use" of some properties.
The remaining criteria establish a test that is strenuous and offers significant
protection to Bremerton's critical wetland areas. This text amendment should
impact very few Bremerton properties.
FINDINGS
1. Criterion (a) from the Extraordinary Hardship Test (21.22.240) potentially
undermines the intent of the test.
2. Criterion (g) from the Extraordinary Hardship Test (21.22.240) is a
directive statement and best fits into the introductory section of this
regulation as opposed to a criterion an applicant must address in a
wetland permitting process.
3. The remaining criteria establish a test that adequately responds to the
intent of the ordinance.
4. The Department of Community Development issued a DNS on 19
November 2002. No comments were received by any citizens or state
agencies indicating a need for further environmental review.
5. The Department of Community Development has notified all applicable
state agencies about this text amendment in accordance with RCW
36.70A.106.
6. No comments have been received from any Agency or interested party.
The time period for state comment has been exhausted.
Staff Report 2
Text Amendment to 21.22.240 /~
CONCLUSIONS
1. Criterion (a) from the wettand section of the Bremerton Critical Lands
Ordinance found in BMC 21.22.240 should be removed.
2. Criterion (g) from the wetland section of the Bremerton Critical Lands
Ordinance found in BMC 21.22.240 should be struck as a criterion and
inserted in the introductory, guiding paragraph of the same ordinance.
3. All other provisions of the Critical Lands Ordinance found in the Bremerton
Municipal Code pertaining to wetlands and development regulation and
limitation shall remain unchanged.
4. The Planning Commission recommends the attached draft ordinance to
the Bremerton City Council for passage.
Staff Report 3
Text Amendment to 21.22.240 J ~
Minutes of
Planning Commission Special Meeting
November 12, 2002
1. Call to Order
The meeting was called to order by Chairman Kosusko at 5:32 p.m.
II. Roll Call
Those present were: Chairman Kosusko, Commissioner Buckingham, Commissioner Cockburn,
Commissioner Dingfield, Commissioner Kennedy, Commissioner Nelson and Commissioner Wood.
Quorum certified.
III. Approval of Agenda
Commissioner Kosusko introduced the agenda. A motion was made by Commissioner Buckingham
and seconded by Commissioner Kennedy to approve the agenda as written. Called for a vote:
Buckingham: yes; Cockburn: yes; Dingfield: yes; Kennedy: yes; Nelson: yes; Wood: yes, and Kosusko:
yes. Agenda approved.
IV. Approval of Minutes
The October 15, 2002, minutes were presented for approval by Commissioner Kosusko. A motion
was made by Commissioner Nelson and seconded by Commissioner Dingfield to approve the
minutes as corrected. Called for a vote: Buckingham: yes; Cockbum: abstained; Dingfield: yes;
Kennedy: yes; Nelson: yes; Wood: yes; and Kosusko: yes. Minutes approved as corrected.
V. Public Meeting
Chairman Kosusko moved directly to thc call to the public portion.
A. Call to the Public (public comments on any item not on tonight's agenda). Seeing no comments
from the public, Commissioner Kosusko moved onto thc public meeting portion.
B. Public Meeting
1. Public Hearing: Commissioner Kosusko then opened the meeting up for public hearing.
a. PL02-0063 - To perform a text amendment to the Bremerton Municipal Code,
Section 21.22.240. The proposal will remove criterion "(a)" from the Extraordinary
Hardship Test located within the wetlands section o£the Critical Lands Ordinance.
Ms. Ralph presented on this item. She explained that this is a relatively small text
amendment to the extraordinary hardship test of our critical area ordinance dealing
specifically with wetlands. The idea behind an extraordinary hardship test in the
Plmming Co~ranission Special Meeting November 12, 2002 Page 1 of 20
wetland section of that ordinance is - if someone has a legally established parcel and
the requirements of that section deny all reasonable economic use of the parcel, that if
they can meet this list of criteria - then they can do something on that parcel to
provide some economic use of the property. This is for us to avoid a regulatory
taking.
Currently there are seven different criteria in the extraordinary hardship test. It is our
departments position that the first of the criteria under-minds the overall intent of the
extraordinary hardship test. The last criterion isn't really a criterion at all, but more a
directive statement that should be included in the first paragraph, which is the
directive paragraph of the test.
So this text amendment simply removes the first criterion which states that "the
activity or use is a water dependent project that requires wetland access as an
essential element of its function." The more directive statement that we propose to
move to the introductory paragraph is "Diminished value shall not be considered on
extraordinary hardship."
Ms. Ralph said that was it and asked if the group had any questions.
Commissioner Cockburn asked why we are looking at this [making this change]?
Ms. Ralph answered that we are looking at this because we have an applicant who
has a parcel that is subject to the extraordinary hardship test. It's a complicated code
to get through until you actually get to the extraordinary hardship test. You have to
go through a number of different places before you "have to pass the extraordinary
hardship." At this point you must pass the extraordinary hardship before your project
can go forward. Part of what is required is a wetland delineation report, a specialist
being hired, going through the whole process. We did that and this applicant got to
this point in the process where he has to pass the extraordinary hardship test and as
we go through the criterion that make up the extraordinary hardship - this applicant
meets all that first criteria. Or could meet all, but the first criteria prohibits that
application. It just brought it to our attention. Not to say that this text amendment
shouldn't happen regardless - but that is what brought it to our attention.
Commissioner Cockburn asked that if we have a certain amount of wetlands, and
there is a limited supply - wouldn't we want to have those properties just developed
for something that was water-dependent? Not just a parking lot or something.
Ms. Ralph said that if you look at the other criteria it would still make it so that you
couldn't put a parking lot there. That is probably not the least intrusive thing you
could do on that parcel. Our question was - on this small parcel, what could possibly
be done that would be water dependent and you NEED a wetland for? This prompted
a short discussion about water-dependent uses and economic benefit.
Ms. Ralph stated that we are certainly not saying that we would encourage
development in a wetland or its associated buffer by removing this criterion. This in
NO WAY indicates that. We are saying that there is not a lot of water, wetland
dependent projects that you can do that provide economic gain. Most parcels in the
City are large enough that part of the parcel has upland property. So we would
Planrdng Commission Special Meeting November 12, 2002 Page 2 of 20
require that the house or proposed project be put in the upland property. But for the
very rare occasion that we get an application where that is not possible - then the
extraordinary hardship test would kick in. It still has to go through all the different
regulations that are applicable in the overall critical area ordinance which include: no
net loss of wetland, mitigate on-site and off-site depending on what the proposal is
and what it will actually impact. All those things are still applicable, but this
extraordinary hardship test would be usable.
Commissioner Kosusko asked if there were any other questions (from the
commission). Seeing none, he asked if there were any comments from the public on
this item. Seeing none, he then closed the public comment portion of the hearing and
retumed to discussion.
Commissioner Wood stated that this proposal makes sense, especially removing
criterion (g) because it is not really criterion. It seems pretty straight forward.
Commissioner Buckingham stated that he agrees. It does seem pretty straight
forward. He said that having cr/terion (a) as it was makes the test virtually impossible
to apply. He says that he can see how it could put us in a position of creating a
regulatory "taking." There is no point in having a test that no one can possibly meet.
This seems like a reasonable thing to do.
Commissioner Cockburn stated that he wasn't sure that in the case of critical lands
that are wetlands - that we don't want to make it nearly impossible. And that if we
are going to do something that takes this wetland and develops it that we do want to
make it as hard as possible. ][fit is truly a wetland that we do want to make it
something that is related to the wetlands. So we don't just have something that could
fit and have a better economic fit on some other property that isn't so critical.
Commissioner Kosusko asked if would be possible to retain this first element but
rewrite it. Instead of saying "water dependent project" it's doesn't have to be water
related, it just has to be something that is not detrimental. This prompted a lively
discussion.
Commissioner Dingfield said that it seems that people wanting to develop a piece of
property have to go through a number of other hoops before they get to tiffs hoop.
She said that she doesn't have any fears about the critical wetlands being threatened
by taking that criterion off because the standards are pretty high. If they are impacted
and mitigation has to occur then you are still going to meet the intent of wetlands.
The properties and the intent are going to be protected.
Commissioner Nelson concurred. He said that his concern would be that people
wouldn't be able to develop on wetlands if it is determined to be that. Certainly this
test won't allow that to happen. It seems to be pretty straight forward as far as he is
concerned. The change in language seems to be appropriate. He said that he could
not visualize a water dependent project. This again prompted a short discussion of
what that would be - but no one could think of one that would provide economic
benefit.
Mr. Hugo asked Ms. Ralph if there were any examples in the text.
Plmming Cormnission Special Meeting November 12, 20,,02,., Page 3 of 20
Ms. Ralph said that there are no examples in the text. She said that she had done
some research with other municipalities and this criterion reads a lot like something
you would read in the Shoreline Master Program variance process. In that process
you can have water dependent uses, such as a marina or boat launch. She said that
she couldn't find any municipality that had anything even remotely like this. Aside
from conservancy places that have trails and such through wetlands - the only
examples of those are pretty large scale, high end wetlands, she could think of no
other water dependent uses requiring a wetland.
In the case of our applicant, we're talking about a tenth of an acre of wetland. It is a
very small site, very little is economically feasible. Even the idea of access, it is true
it could be a water dependent use but it wouldn't provide any economic benefit. No,
aside from a larger wetland or use as a nature reserve she hasn't found any examples.
Commissioner Cockburn asked if the entire tenth of an acre was a wetland.
Ms. Ralph answered, "Yes." In fact, more of the site is a wetland but a tenth of an
acre is the part that would be disturbed.
Commissioner Coekburn stated that some property that is a wetland never will be
developed. He then shared that he personally inherited one sixth ora farm along
Ebby Sloe. With the change in drainage for generations it had been dyke property. It
was allowed to be flooded and became a wetland. We couldn't keep it with its
original source and had to sell it to the city as a park. We.just couldn't maintain
development on that property. It was a wetland - my grandfather destroyed the
wetland to put a farm on it. Some property is not developable.
Ms. Ralph responded by saying that there are parcels that will still not be
developable. Those properties will not pass the rest of the criteria. But this particular
parcel is next door to a single family home and is proposed to be a single family
home. There is possibility of only one other parcel in that area being developed
without being sub-divided and if the others were short platted or long platted we
would make the wetland protection a criteria. There are a lot of methods to protect
wetlands. This is the desperation measure. When it gets down to this one they can
either do nothing on a legally short platted lot or we allow them to do as little as
possible and seize some economic gain.
Commissioner Kosusko asked if there are provisions elsewhere for replacing a
wetland that is disturbed.
Ms. Ralph said that yes. We have a zero net loss policy, so that should still be the
case - whether they are increasing the value and function ora wetland on site or they
are doing off-site mitigation.
Mr. Hugo asked Ms. Ralph to talk briefly about what the wetlands report suggested
could be done - even though we don't like to focus on specific projects as we are
proposing legislative changes.
Planning Conzmission Special Meeting November 12, 2002 Page 4 of 20
Ms. Ralph explained that the case we're dealing with is an after-the-fact permitting
process. This applicant received a building permit from our office without indicating
on his original application that he was building on a wetland. So we started some
code enforcement. She went out and walked around and it is definitely a wetland.
We sat down with this applicant, and she has talked extensively with his wetland
specialist. The specialist has done a lot to reconnect the hydrology of this parcel. It
is across the street from the park at Kitsap Lake. It is a very difficult scenario. She
said that when she first saw it she could not have guessed that it was a type one
wetland.
There are four different qualities of wetland and this one is the top of those
classifications. It is a type one wetland because it used to be forested. It also has
been disturbed already because of what the neighbors have done to it. So this wetland
report and some of the mitigations that will be required if we give him the wetland
permit would be: reconnecting the hydrology; putting notice to the title so that it will
be a permanent deed restrictions and always be a wetland and its associated buffers;
and some suggestions of near off-site things that could potentially be done. The
report was quite extensive. We are talking to the Department of Fisheries and Tribes
about different things that can be done to mitigate this site.
The applicant is a relatively young contractor and has had no experience with
wetlands before and getting a dramatic crash course. The Army Corp of Engineers
has permitted the filling of this tenth of an acre requiring some low impact
development things for reducing the impervious surface and footprint of the house.
A motion was made by Commissioner Buckingham and seconded by
Commissioner Kennedy to recommend to the City Council for approval of text
amendment PL02-0063. Called for a vote: Buckingham: yes; Cockburn: no;
Dingfield: yes; Kennedy: yes; Nelson: yes; Wood: yes; and Kosusko: yes. Motion
carries.
b. Draft Ordinance - Shoreline Master Program Amendments - Proposed
Ordinance which would amend Chapters 3, 4, and 5 of the City of Bremerton
Shoreline Master Program relating to downtown waterfront site development
standards regarding shoreline setbacks, view corridors, and height restrictions in the
Downtown District.
Mr. Hugo presented on this draft ordinance. He started with a brief history of
downtown regulation changes. Beginning in late summer 2000 the City started
looking at new downtown policies and regulations, which the Planning Co]rmaission
was a part of since last year we were engaged in the 2001 Comprehensive Plan
revisions. That package included the downtown development policies and the
proposed downtown regulations. The policies and regulations were broken apart mid-
year 2001 and the regulations were set aside. The policies went forward and were
accompanied by Peter Calthorp's work - policies and Illustrative Plan, which was
adopted by Council last November or December. The regulations have been sitting
there every since. As we begin looking at adopting the regulations recommended by
the Planning Commission, we discovered some linkages - the zoning references to
the shoreline environment in the downtown waterfront district went ali the way back
to the DWURP (Downtown Waterfront Urban Renewal Plan). The DWUPd~ was
PlarmJng comrmssion Special Meeting November 12, 2002 Page 5 of 20
City of Bremerton
Department of Community Development
DETERMINATION OF NONSlGNIFICANCE
Application File #: PL 02-0063
Date Issued: November 19, 2002
Date Published: November 22, 2002
ACTION: APPROVED
PROPOSAL: To perform a text amendment to the Bremerfon Municipal Code, section 21.22.240. The
proposal will remove criterion "(a)" from the Extraordinary Hardship Test located within the
wetlands section of the Critical Lands Ordinance.
LOCATION: The text amendment would be applicable citywide
PROPONENT: City of Bremerton
Department of Community Development
286 4th Street
Bremerton, WA 98337
The SEPA Responsible Official of the City of Bromerton hereby makes the following Findings and Conclusions based
upon a review of the Environmental Checklist, comments received in response to the Notice of Application issued on
November 2, 2002, other information on file with the City of Bremerton, and the policies, plans and regulations
designated by the City of Bremerfon as a basis for the exercise of substantive authority under the Washington State
Environmental Policy Act (SEPA) pursuant to RCW 43.21C.060.
CONCLUSIONS OF RESPONSIBLE OFFICIAL:
The Responsible Official concludes that the proposal does not have a probable significant impact on the environment,
and an Environmental impact Statement is no required pursuant to RCW 43.21.C.030(2)(c). This decision was made
after a review of the completed Environmenta~ Checklist, other information in the file with the City of Bremerton, and
existing regulations. This information is available to the public upon request.
This Determination of Nonsignificance (DNS) is issued after using the optional DNS process in WAC 197-11-355.
Them is no further comment period on the DNS.
RESPONSIBLE OFFICIAL: Christopher R. Hugo, Director
Department of Community Development
City of Bremerton
286 Fourth Street
Bremerton, WA 98337
STAFF CONTACT: Dri Ralph, (360) 478-5845
LEAD AGENCY: City of Bremerton
DATE OF ISSUE: November 19, 2002
DATE OF PUBLICATION: November 22, 2002
APPEAL DEADLINE: December 6, 2002
~-C~istopher R. Hugo, Responsible Official
NOTE: Pursuant to RCW 43.21 C.075 and City of Bremerton environmental regulations (BMC Chapter 21.12.210),
decisions of the Responsible Official may be appealed. Appeals must be filed with the appropriate fees at the
Department of Community Development located at the Bremer~on Permit Center, 288 Fourth Street, Bremerfon,
98337. Appeals must be filed by the date indicated above as "Appeal Deadline." if you appeal, you should be
prepared to make specific factual objections.
NOTE: The issuance of this DNS does not constitute project approval. The applicant must comply with all other
applicable requirements of the City of Bremerten and State of Washington prior to adoption of the ordinance.
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUB,JECT: FOR AGENDA: March 19 and 26, 2003
PUBLIC HEARING ON ORDINANCE REPEALING ORIGINATING DEPT: City Attorney's Office
AND REPLACING BMC CHAPTER 9.88 AND ORIGINATOR: Simon Stocker
TITLE 9A. DATE SUBMITTED: March 6, 2003
2. CLEARANI~ES:.(12~r[t on back if necessary) 3. EXHIBITS:
.... ~ ........ ~ PROPOSED ORDINANCE
R ~ '
OGE~A. LUBJOVICH, C~ty Attorney LETTER OF EXPLANATION FROM JEFF JAHNS
FISt~AL & 8'UDGET CHAIRMAN
OPERATIONS CHAIRMAN
COUNCrL PRESIDENT
ENDORSEM~.,I~T [] :---~IN~ORMATION []
MAYOR
4. SUMMARY STATEMENT AND REQUIRF._MENT FOR COUNCIL ACTION:
Many of the current provisions of Chapter 9.88 and Title 9a of the Bremerton Municipal Code are outdated.
The proposed ordinance will increase the efficiency of our efforts to prosecute crimes by adopting additional
state criminal offenses into our code and by improving the language contained in many of the existing
provisions.
5. RECOMMENDATION:
Move to approve the proposed ordinance on first reading.
Move to pass Ordinance No. on second reading.
6. RESPONSIBLE OFFICIAL: City Attorney's Office
ENFORCEMENT OFFICIAL: Bremerton Police Department
EXPIRATION DATE: n/a
REVIEW DATE: n/a
7. NOTICE OF ACTION:
PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED AD~:
COUNCIL DIRECTIVE:
S. AGENDA BILL NO.: ~ '~'' (~- ~,,
9. IMPACT OF NON-PASSAGE:
10. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
11. RESEARCH SOURCES:
ORDINANCE NO.
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, Repealing and Replacing Chapter 9.88 of
the Bremerton Municipal Code relating to Marijuana, and
Repealing and Replacing Title 9A of the Bremerton Municipal
Code Relating to Crimes.
WHEREAS, the possession of drag paraphernalia is a criminal offense within the
State of Washington; and
WHEREAS, the current provisions of Chapter 9.88 of the Bremerton Municipal
Code relating to Marijuana results in the inability of the City of Bremerton to Charge for
Possession of Drag Paraphernalia; and
WHEREAS, the current provisions of Title 9A of the Bremerton Municipal Code
relating to Crimes have not been updated since 1994; and
WHEREAS, the current provisions of Title 9A of the Bremerton Municipal Code
relating to Crimes often results in the ineffective enfomement of law; and
WHEREAS, the City Council desires to update the provisions relating to criminal
offenses in order to more efficiently convict, punish and rehabilitate criminal offenders; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 9.88 of the Bremerton Municipal Code entitled
"Marijuana" is hereby repealed in its entirety and a new Chapter 9.88 entitied "Marijuana" is
hereby created to read as follows:
Chapter 9.88
MARIJUANA
9.88.010 MARIJUANA POSSESSION.
Any person found guilty of possession of forty (40) grams or less of marijuana shall be
guilty of a misdemeanor.
9.88.020 DEFINITION.
"Drag Paraphernalia" is defined as currently set forth in RCW 69.50.102, or hereinafter
amended.
"Marijuana" is defined as: All parts of the plant of the genus Cannabis L., whether
growing or not; the seeds thereof; the resin extracted from any part of the plant; and every
compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin.
It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made
1
~ ~ Criminal Code
from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or
preparation of the mature stalks (except the rosin extracted therefrom), fiber, oil or cake, or the
sterilized seed of the plant which is incapable of germination.
9.88.030 MISDEMEANOR VIOLPsTIONS - MINIMUM IMPRISONMENT.
A person who is convicted of a misdemeanor violation of BMC 9.88.010 or BMC
9.88.040 shall be punished by imprisonment for not less than twenty-four consecutive hours, and
by a fine of not less than two hundred fifty dollars. On a second or subsequent conviction, the
fine shall not be less than five hundred dollars. These fines shall be in addition to any other fine
or penalty imposed. Unless the court finds that the imposition of the minimum imprisonment will
pose a substantial risk to the defendant's physical or mental well-being or that local jail facilities
are in an overcrowded condition, the minimum term of imprisonment shall not be suspended or
deferred. If the court finds such risk or overcrowding exists, it shall sentence the defendant to a
minimum of forty hours of community service. If a minimum term of imprisonment is suspended
or deferred, the court shall state in writing the reason for granting the suspension or deferral and
the facts upon which the suspension or deferral is based. Unless the court finds the person to be
indigent, the minimum fine shall not be suspended.
9.88.040 POSSESSION OF DRUG PARAPHERNALIA.
RCW 69.50.412, with the exception of those provisions contained herein for which a
violation constitutes a felony crime, is hereby adopted by reference as currently enacted and as
hereinafter amended from time to time, and shall be given the same force and effect as if set
forth herein in full.
SECTION 2. Title 9A of the Bremerton Municipal Code entitled "Criminal Code"
is hereby repealed in its entirety and a new Title 9A entitled "Criminal Code" is hereby created to
read as follows:
Title 9A
CRIMINAL CODE
Chapter 9A.04
GENERAL PROVISIONS
9A.04.010 APPLICATION OF GENERAL PROVISIONS OF THE CODE.
The provisions of 9A.04.020 and 9A.04.110 of this chapter are applicable to offenses
defined by this title unless this title specifically provides otherwise.
9A.04.020 PURPOSES - PRINCIPLES OF CONSTRUCTION.
RCW 9A.04.020, is adopted by reference as currently enacted and as hereinafter
amended from time to time, and shall be given the same force and effect as if set forth herein in
full.
9A.04.030 PROOF BEYOND A REASONABLE DOUBT.
RCW 9A.04.100 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
Criminal Code
9A.04.040 COMMON LAW TO SUPPLEMENT ORDINANCES.
The provisions of the common law relating to the commission of crime and the
punishment thereof, insofar as not inconsistent with the Constitution and statutes of the state, and
with the chaxter and ordinances of the city, shall supplement all ordinances of this title.
9A.04.050 SENDING LETTER. WHEN COMPLETE.
RCW 9.01.130 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.04.060 DEFINITIONS.
RCW 9A.04.110 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.04.070 SEVERABILITY.
If any provision of the criminal code contained in this title or its application to any person
or circumstance is held invalid, the remainder of the title, or the application of the provision to
other persons or circumstances is not affected, and to this end the provisions of this title are
declared to be severable.
9A.04.080 DESIGNATION OF CRIMES
(a) Misdemeanor. A misdemeanor is any crime punishable by a fine of not
more than one thousand dollars, or by imprisonment for not more than ninety days, or by both
such fine and imprisonment.
(b) Gross Misdemeanor. A Gross misdemeanor is any crime punishable by a
fine of not more than Five thousand dollars, or by imprisonment for not more than Three
Hundred Sixty Five days, or by both such fine and imprisonment.
(c) Default penalty. Whenever the performance of any act [or omission] is
prohibited by any provision within this criminal code, and no penalty for the violation of such
provision is provided, the committing of such act [or omission] shall be a misdemeanor.
9A.04.090 RESERVED.
9A.04.100 ENFORCEMENT.
(a) Application. The provisions of this title are applicable to offenses defined by this title
or another ordinance, unless this title or such other ordinance specifically provides otherwise.
(b) Costs of Prosecution. Whenever anyone is convicted of an offense under any section
of this penal code or section of any other city ordinance, in addition to the fine imposed, he may
be required to pay the costs of prosecution. In default of such payment, he may be imprisoned
until such fine is paid or worked out on the basis of twenty-five dollars per each day of
imprisonment.
9A.04.110 RESTITUTION.
In addition to the penalties provided elsewhere in this title, the court, at the court's
discretion, may order the defendant to make restitution to the victim of the ordinance violation.
Restitution shall be made by payment of a sufficient sum to the victim to pay the victim for
damages and losses caused by the ordinance violation. Such restitution shall be ordered to be
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paid in a lump sum, forthwith, unless the court finds that the defendant cannot pay the amount in
a lump sum, in which case restitution shall be ordered to be paid in installments. A defendant's
poverty shall not prevent the court from ordering restitution, provided that the defendant's
poverty shall be considered in fixing the amounts of monthly payments. If conditions change, the
court may order a change in the amounts of installments or in the frequency of payment of
installments. Nothing in this section shall be interpreted as preventing any victim of a crime from
prosecuting a civil suit for damages resulting from a violation of this title.
9A.04.120 GENERAL REQUIREMENT OF CULPABILITY.
RCW 9A.08.010 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.04.130 LIABILITY OF CONDUCT OF ANOTHER, COMPLICITY.
RCW 9A.08.020 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.04.140 CRIMINAL LIABILITY OF CORPORATIONS AND PERSONS
ACTING UNDER A DUTY TO ACT IN THEIR BEHALF.
RCW 9A.08.030, with the exception of subsection (5) thereof, is hereby adopted by
reference as currently enacted and as hereinafter amended from time to time, and shall be given
the same force and effect as if set forth herein in full.
9A.04.150 OMISSION, WHEN NOT PUNISHABLE.
RCW 9.01.110 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.04.160 PEOPLE CAPABLE OF COMMITTING CRIMES - CHILDREN.
RCW 9A.04.050 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full
9A.04.170 CITIZEN IMMUNITY IF AIDING OFFICER.
RCW 9.01.055 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
Chapter 9A.08
DEFENSES
9A.08.010 DEFINITIONS.
RCW 9A. 16.010 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.08.020 USE OF FORCE - WHEN LAWFUL.
RCW 9A. 16.020 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
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9A.08.030 DURESS.
RCW 9A. 16.060 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.08.040 INSANITY.
RCW 9A.12.010 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.08.050 INTOXICATION.
RCW 9A. 16.090 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.08.060 ENTRAPMENT.
RCW 9A. 16.070 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.08.070 ACTION FOR BEING DETAINED ON MERCANTILE
ESTABLISHMENT PREMISES FOR INVESTIGATION - REASONABLE GROUNDS
AS DEFENSE.
RCW 9A. 16.080 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given thc same force and effect as if set forth herein in full.
9A.08.050 USE OF FORCE ON CHILDREN -- POLICY - ACTIONS
RESUMED UNREASONABLE.
RCW 9A. 16.100 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
Chapter 9A.12
ALCOHOLIC BEVERAGES
9A.12.010 ALCOHOLIC BEVERAGE CONTROL - ENFORCEMENT.
The following sections of Chapter 66 RCW, with the exception of those provisions
contained therein for which a violation constitutes a felony crime, are hereby adopted by
reference as currently enacted and as hereinafter amended from time to time, and shall be given
the same force and effect as if set forth herein in full, and wherever the word "title" or words
"this title" are used therein the same shall be construed to mean and refer to RCW Title 66, and
"this act" shall mean and refer to the Washington State Liquor Act:
RCW 66.04.010 Definitions
RCW 66.04.011 "Public place" not to include certain parks picnic areas
RCW 66.08.010 Title liberally construed
RCW 66.20.160 "Card of identification", "Licensee", "store employee" defined for
certain purposes
RCW 66.20.200 Unlawful acts relating to card identification and certification card
RCW 66.28.080 Permit for music and dancing upon licensed premises
RCW 66.28.090 Licensed premises open for inspection - Failure to allow
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RCW 66.44.010 Local officers to enforce law - Authority of board - Liquor
enforcement officers
RCW 66.44.040 Sufficiency of description of offenses in complaints, informations,
process, etc.
RCW 66.44.050 Description of offense in words of statutes - Proof required
RCW 66.44.060 Proof of unlawful sale establishes primafacie intent
RCW 66.44.070 Certified analysis is primafacie evidence of alcoholic content
RCW 66.44.080 Service of process on corporation
RCW 66.44.100 Opening or consuming liquor in public places
RCW 66.44.130 Sales of liquor by drink or bottle
RCW 66.44.150 Buying liquor illegally
RCW 66.44.160 Illegal possession, transportation of alcoholic beverages
RCW 66.44.170 Illegal possession of liquor with intent to sell - Prima facie
evidence, what is
RCW 66.44.175 Violations of law
RCW 66.44.180 Jurisdiction
RCW 66.44.200 Sales to persons apparently under the influence of liquor
RCW 66.44.210 Obtaining liquor for ineligible person
RCW 66.44.240 Drinking in public conveyance - Penalty against carrier
RCW 66.44.250 Minor applying for permit
RCW 66.44.270 Furnishing liquor to minors - Possession, use
RCW 66.44.280 Minor applying for permit
RCW 66.44.290 Minor purchasing liquor
RCW 66.44.291 Minor purchasing or attempting purchase liquor - Penalty
RCW 66.44.300 Treating minor, etc., in public place where liquor sold
RCW 66.44.310 Minors frequenting tavern Misrepresentation of age
Classification of licenses
RCW 66.44.316 Musicians eighteen years and older permitted to enter and remain
upon licensed premises during employment
RCW 66.44.320 Sales of liquor to minors a violation
RCW 66.44.325 Unlawful transfer to a minor of an identification of age
RCW 66.44.340 Employees eighteen years and over allowed to sell and carry beer
and wine for class E and/or F licensed employers
RCW 66.44.350 Employees eighteen years and over allowed to serve and carry
liquor, clean up, etc., for class A, C, D and/9 or H licensed
employers
RCW 66.44.370 Resisting Or opposing officers in enforcement of title
Chapter 9A.16
ANTICIPATORY OFFENSES
9A.16.010 CRIMINAL ATTEMPT.
RCW 9A.28.020, with the exception of those provisions contained therein for which a
violation constitutes a felony crime are adopted by reference as currently enacted and as
hereinafter amended from time to time, and shall be given the same force and effect as if set
forth herein in full.
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9A.16.020 CRIMINAL SOLICITATION.
RCW 9A.28.030, with the exception of those provisions contained therein for which a
violation constitutes a felony crime is adopted by reference as currently enacted and as
hereinafter amended from time to time, and shall be given the same force and effect as if set
forth herein in full.
9A.16.030 CRIMINAL CONSPIRACY.
RCW 9A.28.040, with the exception of those provisions contained therein for which a
violation constitutes a felony crime is adopted by reference as currently enacted and as
hereinafter amended from time to time, and shall be given the same force and effect as if set
forth herein in full.
Chapter 9A.20
MINORS
9A.20.010 DEFINITIONS.
RCW 13.32A.030 is hereby adopted by reference as currently enacted and as hereinafter
amended from time to time, and shall be given the same force and effect as if set forth herein in
full.
9A.20.020 LEAVING CHILD UNATTENDED IN PARKED AUTOMOBILE.
RCW 9.91.060, with the exception of those provisions contained therein for which a
violation constitutes a felony crime, is hereby adopted by reference as currently enacted and as
hereinafter amended from time to time, and shall be given the same force and effect as if set
forth herein in full.
9A.20.030 SUPPLYING TOBACCO TO MINOR - POSSESSION BY MINOR.
It is unlawful for any person to knowingly sell, give, furnish or cause to be furnished to
any minor any cigarette, cigar or tobacco in any form or for a minor to possess the same. Every
person violating this section shall bc guilty of a gross misdemeanor.
9A.20.050 CONTRIBUTING TO DELINQUENCY OF A CHILD.
A person is guilty of contributing to the delinquency of a child if, by act or omission, he
knowingly causes or encourages a child to commit or otherwise contributes to a child's
commission of a delinquent act.
9A.20.060 DISRUPTION OF SCHOOL ACTIVITIES - PENALTY.
A person is guilty of disruption of school activities if he comes into or remains in any
school building, classroom or upon any school ground, or street, sidewalk, or public way
adjacent thereto, without lawful reason, and intentionally causes substantial disruption of the
activities of the school.
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9A.20.070 SEXUAL EXPLOITATION OF CHILDREN
The following sections of Chapter 9.68A RCW, with the exception of those provisions
contained therein for which a violation constitutes a felony crime, are hereby adopted by
reference as currently enacted and as hereinafter amended from time to time, and shall be given
the same force and effect as if set forth herein in full are adopted by reference:
RCW 9.68A.001 Legislative finding
RCW 9.68A.011 Definitions
RCW 9.68A.090 Communicating with minor for immoral purposes
RCW 9.68A. 105 Additional fee assessment
RCW 9.68A. 110 Certain defenses barred, permitted
RCW 9.68A. 150 Allowing minor on premises of live erotic performance
RCW 9.68A.160 Penalty
9A.20.080 SEXUAL MISCONDUCT WITH A MINOR IN THE SECOND
DEGREE.
RCW 9A.44.096, with the exception of those provisions contained therein for which a
violation constitutes a felony crime, is hereby adopted by reference as currently enacted and as
hereinafter amended from time to time, and shall be given the same force and effect as if set
forth herein in full.
9A.20.090 UNLAWFUL HARBORING OF A MINOR
The following sections of Chapter 13.32A RCW, with the exception of those provisions
contained therein for which a violation constitutes a felony crime, are hereby adopted by
reference as currently enacted and as hereinafter amended from time to time, and shall be given
the same force and effect as if set forth herein in full:
RCW 13.32A.030 Definitions
RCW 13.32A.080 Unlawful harboring of a minor -- Penalty -- Defense -- Prosecution
of adult for involving child in commission of offense
Chapter 9A.24
FIREARMS AND DANGEROUS WEAPONS
9A.24.010 TERMS DEFINED.
RCW 9.41.010 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full,
together with the following:
"Air gun" means the following: air guns, air pistol, air rifle, BB gun and toy guns of any kind or
nature when so designed, contrived, modified and used to propel, by compressed air or other gas
or spring any pellet, dart BB, rock or other hard substance a distance of more than twenty-five
feet with sufficient force to break windows or injure persons or animals.
9A.24.020 CARRYING PISTOL.
RCW 9.41.050, with the exception of those provisions contained therein for which a
violation constitutes a felony crime, is hereby adopted by reference as currently enacted and as
Criminal Code
hereinafter amended from time to time, and shall be given the same force and effect as if set
forth herein in full.
9A.24.030 EXCEPTION.
RCW 9.41.060 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth heroin in full.
9A.24.040 ISSUANCE OF LICENSES TO CARRY.
RCW 9.41.070 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.24.050 DELIVERY TO MINORS AND OTHERS FORBIDDEN.
RCW 9.41.080, with the exception of those provisions contained therein for which a
violation constitutes a felony crime, is adopted by reference as currently enacted and as
hereinafter amended from time to time, and shall be given the same force and effect as if set
forth herein in full.
9A.24.060 SALES REGULATED - APPLICATION TO PURCHASE -
GROUNDS FOR DENIAL.
RCW 9.41.090 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.24.070 EXEMFFIONS.
RCW 9.41.093 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.24.080 DENIAL OF APPLICATION - APPEAL.
RCW 9.41.095 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.24.090 FORFEITURE OF FIREARMS, ORDER BY COURTS - RETURN
TO OWNER - CONFISCATION BY LAW ENFORCEMENT OFFICER.
RCW 9.41.098 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.24.100 DEALER'S LICENSES, BY WHOM GRANTED AND CONDITION
THEREOF - WHOLESALE SALES EXCEPTED - PERMITS PROHIBITED.
RCW 9.41.110 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth heroin in full.
9A.24.110 CERTAIN TRANSFERS FORBIDDEN.
RCW 9.41.120 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same fome and effect as if set forth herein in full.
Criminal Code
9A.24.120 FALSE INFORMATION FORBIDDEN.
RCW 9.41.130, with the exception of those provisions contained therein for which a
violation constitutes a felony crime, is adopted by reference as currently enacted and as
hereinafter amended from time to time, and shall be given the same force and effect as if set
forth herein in full.
9A.24.130 ALTERATION OF IDENTIFYING MARKS PROHIBITED.
RCW 9.41.140, with the exception of those provisions contained therein for which a
violation constitutes a felony crime, is adopted by reference as currently enacted and as
hereinafter amended from time to time, and shall be given the same force and effect as if set
forth herein in full.
9A.24.140 EXCEPTIONS.
RCW 9.41.150 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.24.150 ALIEN'S LICENSE TO CARRY FIREARMS - EXCEPTION.
RCW 9.41.170 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.24.160 AIMING OR DISCHARGING FIREARMS, OR DISCHARGING
EXPLOSIVES PROHIBITED - PENALTY -EXCEPTIONS.
(a) It is unlawful for any person to;
(1) Aim any gun, pistol, revolver or other firearm whether loaded or not, at or
towards any human being, or willfully discharge any firearm, air gun, or other weapon, or throw
any deadly missile in a public place, or in any place where any person might be endangered
thereby, although no injury results; or
(2) Fire, discharge, explode or cause to be exploded any object containing
gunpowder or other explosive material or fluid, or firecracker in a public place, or in any place
where any person might be endangered thereby.
(b) Subsection (a) of this section shall not apply to or effect the following:
(1) The aiming or discharge of any firearm, other weapon or explosive described
in subsection (a) by a law enforcement officer engaged in the performance of his or her powers
or duties; or
(2) The aiming or discharge of a firearm, as defined in Section 9A.24.010, or
airgun upon a rifle or pistol firing range which has been issued a business license by the City for
such purpose; or
(3) A firearm or other explosive device described in subsection (a) of this section
which is discharged within the City where the person so discharging the same has procured, in
addition to any license or permit required under RCW Chapter 70.77, a written permit issued by
the chief of police granting such person permission to discharge such firearm or weapon at the
time, place, in the manner and for the purpose the permit was issued. Such permit shall not issue
unless and until the chief of police finds as fact that:
A. Such discharge is essential for the protection of a growing or
matured crop,
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B. The applicant has not been convicted in the state, or elsewhere, of
a crime of violence nor of moral turpitude,
C. The applicant has a bona fide current permit from the state or from
a department of the United States authorizing the applicant to so protect such crop or crops.
D. Such discharge can reasonably be accomplished without
endangering other persons or property;
Such permits may be annual permits which expire on June 30th of each year and upon the
payment of a fee therefor in the sum of throe dollars, shall be limited to the use of birdshot, shall
immediately terminate upon any damage, destruction, or undue hazard to other persons or
property, or upon violation of the terms of its issue. A permittee under this chapter violating any
condition of such permit, or giving false information in application therefor, shall not again be
eligible for a permit.
9A.24.170 USE OF FIREARMS BY NIINOR.
RCW 9.41.240, is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.24.180 DANGEROUS WEAPONS - EVIDENCE.
RCW 9.41.250 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.24.190 DANGEROUS EXHIBITIONS.
RCW 9.41.260 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.24.200 WEAPONS APPARENTLY CAPABLE OF PRODUCING BODILY
HARM, CARRYING EXHIBITING, DISPLAYING OR DRAWING UNLAWFUL -
PENALTY - EXCEPTIONS.
RCW 9.41.270 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.24.210 POSSESSING DANGEROUS WEAPONS ON SCHOOL
PROPERTY.
RCW 9.41.280 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.24.220 WEAPONS PROHIBITED IN CERTAIN PLACES.
(a) A weapon is defined as follows:
(1) Any firearm;
(2) Any dangerous weapon as listed in RCW 9.41.250;
(3) Any explosive defined in RCW 70.74.010;
(4) Any devices commonly known as "nun-chu-ka sticks", consisting of two
or more lengths of wood, metal, plastic, or similar substance connected with wire, rope or other
means;
(5) Any device commonly known as "throwing stars", which are multi-
pointed, metal objects designed to embed upon impact from any aspect; or
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(6) Any air gun, including any air pistol or air rifle, designed to propel a BB,
pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas.
(b) It is unlawful for any person to enter the following places when he knowingly
possesses or knowingly has under his control a weapon:
(1) A courtroom or judge's chamber, and areas used in connection with court
proceedings, including, jury rooms, court offices, waiting areas, and corridors adjacent to the
above areas used in connection with court proceedings.
(2) That portion of an establishment classified by the State Liquor Control
Board as off-limits to persons under twenty-one years of age.
(c) Subsection (a) does not apply to:
(1) Law enforcement personnel or
(2) A person engaged in military activities sponsored by the federal or state
governments, while engaged in official duties; or
(3) Security personnel while engaged in official duties.
(4) Any person who is involved in a convention, showing, demonstration,
lecture, or firearms safety course authorized by school authorities in which the firearms or
collectors or instructors are handled or displayed;
(5) Any student or employee of a private military academy when on the
property of the academy;
(6) Any person while the person is participating in a firearms or air gun
competition approved by the school or the school district;
(7) Any person who has been issued a license under RCW 9.41.070, while
picking up or dropping off a student;
(8) Any person legally in possession of a firearm or dangerous weapon that is
secured within an attended vehicle or concealed from view within a locked unattended vehicle
while conducting legitimate business at the school; or
(9) Any person who is in lawful possession of an unloaded firearm, secured in
a vehicle while conducting legitimate business at the school.
(d) Areas connected with court facilities where weapons are prohibited shall be
clearly marked and notices posted at each entrance of the court facility that weapons are
prohibited in the restricted areas.
(e) A stationary locked box shall be provided within the court room building to
receive weapons for safekeeping, or the court shall designate an official within the building to
receive weapons for safekeeping, during the owner's visit to restricted
areas of the court facility.
(f) "Weapon - free zone" signs shall be posted around school facilities giving
warning of the prohibition of the possession of weapons on school grounds.
(g) Any person violating this section is guilty of a misdemeanor.
Chapter 9A.28
GAMBLING
9A.28.010 GAMBLING - PROHIBITIONS.
The following sections of Chapter 9.46 RCW, with the exception of those provisions
contained therein for which a violation constitutes a felony crime, are hereby adopted by
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reference as currently enacted and as hereinafter amended from time to time, and shall be given
the same force and effect as if set forth herein in full:
RCW 9.46.010 Legislative declaration
RCW 9.46.020 Definitions
RCW 9.46.030 Certain gambling activities authorized
RCW 9.46.110 Taxation of gambling activities - Limitations - Restrictions
RCW 9.46.113 Taxation of gambling activities - Disbursement
RCW 9.46.130 Inspection and audit of premises, paraphernalia, books and records
- Reports for the commission
RCW 9.46.150 Injunctions - Voiding of licenses, permits or certificates
RCW9.46.170 False or misleading entries or statements, refusal to produce
records, as violations - Penalty
RCW 9.46.185 Causing person to violate chapter as violation - Penalty
RCW 9.46.190 Violations relating to fraud or deceit - Penalty
RCW 9.46.192 Cities and towns - Ordinances enacting certain sections of chapter -
Limitations - Penalties
RCW 9.46.193 Cities and towns - Ordinances adopting certain sections of chapter
- Jurisdiction of courts
RCW 9.46.196 Defrauding or cheating other participant or operator as violation -
Causing another to do so as violation - Penalty
RCW 9.46.198 Working in gambling activity without license as violation - Penalty
RCW 9.46.210 Enforcement - Commission as a law enforcement agency
RCW 9.46.240 Gambling information, transmitting or receiving as violation -
Penalty
RCW 9.46.285 Chapter as exclusive authority for licensing and regulation of
gambling activities
RCW 9.46.310 Licenses for manufacture, sale, distribution or supply of gambling
devices.
9A.28.020 GAMBLING - RULES REGARDING.
Pursuant to the authority of RCW 35.21.180, the Washington Administrative Code,
Chapter 230, is adopted by reference as currently enacted and as hereinafter amended from time
to time, and shall be given the same force and effect as if set forth herein in full.
Chapter 9A.32
ASSAULT
9A.32.010 ASSAULT.
RCW 9A.36.041 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.32.020 RECKLESS ENDANGERMENT.
RCW 9A.36.050 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
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9A.32.030 COERCION.
RCW 9A.36.070 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.32.050 HARASSMENT.
RCW 9A.46.020 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.32.060 TELEPHONE CALLS TO HARASS, INTIMIDATE, TORMENT
OR EMBARRASS.
The following sections of Chapter 9.61 RCW, with the exception of those provisions
contained therein for which a violation constitutes a felony crime, are hereby adopted by
reference as currently enacted and as hereinafter amended from time to time, and shall be given
the same force and effect as if set forth herein in full:
RCW 9.61.230 Defined.
RCW 9.61.240 Permitting telephone to be used.
RCW 9.61.250 Offense where deemed committed.
9A.32.070 DOMESTIC VIOLENCE - STATE STATUTES ADOPTED BY
REFERENCE.
RCW Chapter 10.99, with the exception of those provisions contained therein for which a
violation constitutes a felony crime, is adopted by reference as currently enacted and as
hereinafter amended from time to time, and shall be given the same force and effect as if set
forth herein in full.
9A.32.080 ORDER FOR PROTECTION AND RESTRAINING ORDER -
STATE STATUTES ADOPTED BY REFERENCE.
RCW 26.09.300 and RCW Chapters 26.50 and 10.14, with the exception of those
provisions contained therein for which a violation constitutes a felony crime, are hereby adopted
by reference as currently enacted and as hereinafter amended from time to time, and shall be
given the same force and effect as if set forth herein in full.
9A.32.090 CUSTODIAL INTERFERENCE.
The following statutes of the State, with the exception of those provisions contained
therein for which a violation constitutes a felony crime, are adopted by reference as currently
enacted and as hereinafter amended from time to time, and shall be given the same force and
effect as if set forth herein in full:
RCW 9A.40.070 Custodial interference in the second degree.
RCW 9A.40.080 Custodian interference - Assessment of costs - Defense - Consent
defense, restricted.
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9A.32.100 INTERFERING WITH THE REPORTING OF DOMESTIC.
VIOLENCE
RCW 9A.46.150 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.32.110 STALKING.
RCW 9A.46.110, with the exception of those provisions contained therein for which a
violation constitutes a felony crime, is adopted by reference as currently enacted and as
hereinafter amended from time to time, and shall be given the same force and effect as if set
forth herein in full.
9A.32.120 CRIMINAL MISTREATMENT.
The following sections of Chapter 9A.42 RCW, with the exception of those provisions
contained therein from which a violation constitutes a felony crime, are hereby adopted by
reference as currently enacted and as hereinafter amended from time to time, and shall be given
the same force and effect as if set forth herein in full:
9A.42.005 Findings and intent -- Christian Science treatment -- Rules of evidence
9A.42.010 Definitions
9A.42.035 Criminal mistreatment in the third degree
9A.42.037 Criminal mistreatment in the fourth degree
9A.42.040 Withdrawal of life support systems
9A.42.045 Palliative care
9A.42.050 Defense of financial inability
9A.42.080 Abandonment of a dependent person in the third degree - Exception
9A.42.090 Abandonment of a dependent person - Defense
9A.42.110 Leaving a child in the care of a sex offender
Chapter 9A.36
THEFT AND ROBBERY
9A.36.010 DEFINITIONS.
RCW 9A.56.010 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.36.020 TItEFT - DEFINED.
RCW 9A.56.020 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.36.030 THEFT IN THE THIRD DEGREE.
RCW 9A.56.050 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.36.040 UNLAWFUL ISSUANCE OF CHECKS OR DRAFTS.
RCW 9A.56.060, with the exception of those provisions contained therein for which a
violation constitutes a felony crime, is hereby adopted by reference as currently enacted and as
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hereinafter amended from time to time, and shall be given the same force and effect as if set
forth herein in full.
9A.36.050 REPEALED.
9A.36.055 THEFT OF RENTAL PROPERTY
RCW 9A.56.096 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.36.060 SItOPPING CART THEFT.
RCW 9A.56.270 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.36.070 THEFT OF CABLE TELEVISION SERVICES.
RCW 9A.56.220 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.36.080 POSSESSING STOLEN PROPERTY - DEFINITIONS, CREDIT
CARDS, PRESUMPTION.
RCW 9A.56.140 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.36.090 POSSESSING STOLEN PROPERTY IN THE THIRD DEGREE.
RCW 9A.56.170 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.36.100 RESTORATION OF STOLEN PROPERTY - DUTY OF OFFICERS.
RCW 9.54.130 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.36.110 MALICIOUS MISCHIEF IN THE THIRD DEGREE.
RCW 9A.48.090 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.36.120 MALICIOUS MISCHIEF AND PHYSICAL DAMAGE - DEFINED.
RCW 9A.48.100(1) is adopted by reference as currently enacted and as hereinafter
amended from time to time, and shall be given the same force and effect as if set forth herein in
full.
9A.36,130 TRESPASS - DEFINITIONS.
RCW 9A.52.010 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.36.140 CRIMINAL TRESPASS IN THE FIRST DEGREE.
RCW 9A.52.070 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
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9A.36.150 CRIMINAL TRESPASS IN THE SECOND DEGREE.
RCW 9A.52.080 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.36.160 SURVEILING.
(a) Definitions:
(1) "Building shall have the same meaning as in RCW 9A.04.1 l0 as now or
hereafter amended. Each room shall constitute a separate building. Restrooms, locker rooms and
bedrooms are specifically included in this definition.
(2) "Curtilage" shall be within 10 feet from the exterior of the wall of any
building, regardless of whether the premises is enclosed.
(b) It shall be unlawful for any person to enter or remain in or upon the curtilage of a
building or premises of another for the purposes of observing, photographing, videotaping or
filming another person, under circumstances where the other person has a reasonable expectation
of privacy.
(c) Violation of this section shall be a gross misdemeanor.
9A.36.170 CRIMINAL TRESPASS - DEFENSES.
RCW 9A.52.090 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.36.180 VEHICLE PROWLING.
RCW 9A.52.100 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.36.190 COMPUTER TRESPASS IN THE SECOND DEGREE.
RCW 9A.52.120 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.36.200 COMPUTER TRESPASS - COMMISSION OF OTHER CRIME.
RCW 9A.52.130 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.36.210 MAKING OR HAVING BURGLARY TOOLS.
RCW 9A.52.060 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.36.220 FAILURE TO PAY FARE - PUBLIC CONVEYANCE.
It is unlawful for a person in public to refuse to pay the proper fare in a public
conveyance.
9A.36.230 OBSTRUCTING IDENTITY OF MACHINE.
RCW 9A.56.180 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
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9A.36.240 RECKLESS BURNING IN THE SECOND DEGREE.
The following sections of Chapter 9A.48 RCW, with the exception of those provisions
contained therein for which a violation constitutes a felony crime, are hereby adopted by
reference as currently enacted and as hereinafter araended from time to time, and shall be given
the same force and effect as if set forth herein in full:
RCW 9A.48.010 Definitions
RCW 9A.48.050 Reckless burning in the second degree
RCW 9A.48.060 Reckless burning -- Defense
Chapter 9A.40
OBSTRUCTION OF JUSTICE
9A.40.010 DEFINITIONS.
RCW 9A.72.010 and RCW 9A.76.010 are adopted by reference as currently enacted and
as hereinafter amended from time to time, and shall be given the same force and effect as if set
forth herein in full.
9A.40.020 OBSTRUCTING A LAW ENFORCEMENT OFFICER
RCW 9A.76.020 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.40.030 REFUSING TO SUMMON AID FOR PEACE OFFICER.
RCW 9A.76.030 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.40.040 RESISTING ARREST.
RCW 9A.76.040 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.40.050 FALSE REPORTING.
RCW 9A.84.040 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full
9A.40.060 RENDERING CRIMINAL ASSISTANCE - DEFINITION OF
TERMS.
RCW 9A.76.050 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full
9A.40.070 RENDERING CRIMINAL ASSISTANCE - RELATIVE DEFINED.
RCW 9A.76.060 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.40.075 RENDERING CRIMINAL ASSISTANCE IN THE SECOND
DEGREE.
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~ Criminal Code
RCW 9A.76.080 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.40.080 RENDERING CRIMINAL ASSISTANCE IN THE THIRD
DEGREE.
RCW 9A.76.090 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.40.090 COMPOUNDING A CRIME.
RCW 9A.76.100 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.40.100 ESCAPE IN THE THIRD DEGREE. PENALTY.
RCW 9A.76.130 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.40.110 BAIL JUMPING.
RCW 9A.76.170, with the exception of those provisions contained therein for which a
violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as
hereinafter amended from time to time, and shall be given the same force and effect as if set
forth herein in full.
9A.40.120 MAKING A FALSE STATEMENT TO A PUBLIC SERVANT.
RCW 9A.76.175 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.40.130 FALSE SWEARING.
RCW 9A.72.040 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.40.140 JURY TAMPERING.
RCW 9A.72.140 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.40.150 TAMPERING WITH PHYSICAL EVIDENCE.
RCW 9A.76.150 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
Chapter 9A.44
PUBLIC DISTURBANCES
9A.44.010 DEFINITIONS.
The following definitions are applicable in Sections 9A.44.020 - 9A.44.080, unless the
context otherwise requires:
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~ Criminal Code
(a) "Peace" as used in the phrase "public peace" means the tranquility enjoyed by
members of a community where good order presides.
(b) "Public place" means an area generally visible to public view and includes streets,
sidewalks, bridges, alleys, plazas, parks, driveways, parking lots and buildings 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.
(c) "Unreasonably dismpts" means to substantially impair the conduct of the meeting
by intentionally committing acts in violation of implicit customs or usages or of explicit rules for
governance of the meeting he or she knew, or as a reasonable man or woman should have
known.
9A.44.020 DISORDERLY CONDUCT.
RCW 9A.84.030 is adopted by reference as currently enacted and as hereinafter
amended from time to time, and shall be given the same force and effect as if set forth herein in
full.
9A.44.030 FAILURE TO DISPERSE.
RCW 9A.84.020 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.44.040 EXPECTORATING.
It is unlawful for a person to expectorate upon the floor, wails or furniture of any public
conveyance, public building or any store open to and used by the public.
9A.44.050 MISCHIEF ON BRIDGES.
It is unlawful for any person to intentionally:
(a) Throw, drop or otherwise cause any object or missile to be thrown, dropped or
released form any portion of any bridge, including the bridges crossing the Port Washington
Narrows, comanonly known as the Bremerton-Manette and Warren Avenue Bridges; or
(b) Jump, leap or go upon with the intent of jumping or leaping from any portion of
any bridge, including the Port Washington Narrows, commonly known as the Bremerton-
Manette and Warren Avenue Bridges.
9A.44.060 UNLAWFUL BUS CONDUCT.
(a) A person is guilty of unlawful bus conduct if, while on or in a municipal transit
vehicle and with knowledge that such conduct is prohibited, he or she:
(1) Smokes or carries a lighted or smoldering pipe, cigar or cigarette; or
(2) Discards litter other than in designated receptacles; or
(3) Plays any radio, recorder, or other sound-producing equipment, except that
nothing herein shall prohibit use of such equipment when connected to earphones that limit the
sound to the individual listeners or the use of a communication device by an employee of the
owner or operator of the municipal transit vehicle; or (4) Spits or expectorates; or
(5) Carries any flammable liquid, explosive, acid, or other article or material
likely to cause harm to others, except that nothing herein shall prevent a person from carrying a
20
~7 Criminal Code
cigarette, cigar, or pipe lighter or carrying a firearm or ammunition in a way that is not otherwise
prohibited by law.
(b) A municipal transit vehicle includes every motor vehicle, street car, train, trolley
vehicle, and any other device, which: (1) is capable of being moved within, upon, above or
below a public highway; (2) is owned or operated by the Kitsap County Public Transit Authority;
and (3) is used for the purpose of carrying passengers, together with incidental baggage and
freight on a regular schedule.
9A.44.070 LEWD CONDUCT.
(a) (1) A person is guilty of lewd conduct if he intentionally performs a lewd act
in a public place or at a place and under circumstances where such act could be observed by the
public.
(2) The owner or operator of premises open to the public is guilty of a
misdemeanor if he intentionally permits lewd conduct in a public place under his control.
(b) "Lewd act" means:
(1) Public exposure of one's genitals, buttocks, or any portion of the female
breast below the top of the areola; or
(2) Public touching, caressing or fondling of the genitals or female breast;
(3) Public urination or defacation in a place other than a washroom or toilet
room; or
(4) Public masturbation; or
(5) Public sexual intercourse.
(c) "Public" or "public display" means easily visible from a public thoroughfare or
from property of others, or in a public place in manner so obtrusive as to make it difficult for an
unwilling person to avoid exposure.
(d) This chapter shall not be construed to prohibit:
(1) Plays, operas, musicals or other dramatic works which are not obscene;
(2) Classes, seminars and lectures held for scientific or education purposes;
(3) Exhibitions or dances which are not obscene.
9A.44.080 INTRODUCING CONTRABAND IN THE THIRD DEGREE.
RCW 9A.76.160 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.44.090 RIOT.
RCW 9A.84.010 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
Chapter 9A.48
MALICIOUS PROSECUTION - ABUSE OF PROCESS
9A.48.010 MALICIOUS PROSECUTION.
RCW 9.62.010, with the exception of those provisions contained therein for which a
violation constitutes a felony crime, is adopted by reference as currently enacted and as
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hereinafter amended from time to time, and shall be given the same force and effect as if set
forth herein in full.
9A.48.020 INSTITUTING SUIT IN NAME OF ANOTHER.
RCW 9.62.020 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
9A.48.030 CRIMINAL IMPERSONATION.
RCW 9A.60.040 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
Chapter 9A.52
CONTEMPT
9A.52.010 CONTEMPT.
The following sections of Chapters 7.21 RCW and 9.23 RCW, with the exception of
those provisions contained therein for which a violation constitutes a felony crime, are hereby
adopted by reference as currently enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth herein in full:
RCW 7.21.010 Definitions
RCW 7.21.020 Sanctions - Who may impose
RCW 7.21.030 Remedial sanctions - Payment for losses
RCW 7.21.040 Punitive sanctions -- Fines
RCW 7.21.050 Sanctions - Summary imposition -- Proceedure
RCW 7.21.060 Administrative or proceedings -Petition to court for imposition of
sanctions
RCW 7.21.070 Appellate review
RCW 9.23.010 Criminal contempt.
SECTION2. Severability. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Ordinance and the same shall remain in full
force and effect.
SECTION 3. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
APPROVED by the City Council the . day of ,2002
PASSED by the City Council the day of ,2002
CAROL ARENDS, Council President
22
~ Criminal Code
Approved this day of ,2002
CARY BOZEMAN, Mayor
AFFFEST: APPROVED AS TO FORM:
KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of ,2002
EFFECTIVE the day of ,2002
ORDINANCE NO.
R:~LEOAL\Ordinances\Criminal Code Update.doc
23
~0 Criminal Code
Kitsap County Prosecuting Attorney's Office
Russell D. Hauge August 1, 2002 Please reply to: Adult Criminal ~ ~'t~ati~e ~j~i~i~n$
Prosecuting Attorney Roger Lubovich ii ~ ~ : ~
Bremerton City Attorney i "~ - ~
239-4th Street }[!~i ['!JG -- 5 }
Carol I. Maves Bremerton, WA 98337 I ' ~
Office Administrator ~ ~ ~
Re: Suggested Mothficatmns to Cnn'anal Portmns of the Bremerton M4~micipal~:~b :~ :
Christian C. Casad
Case Management Dear Mr. Lubovich:~-
Division Chief
am the chief deputy prosecutor in charge of the Bremerton Municipal Court prosecution contract with
Michael B. Savage the City. I write this letter concerning the criminal portion of the Brcmerton Municipal Code.
Trial
Division Chief Overall, the Code works just f'me for processing and prosecuting adult misdemeanor and infraction
offenders. I do have some Code items I would like to bring to your attention, however, along with my
Jeffrey J. Jahns suggestions for possible action. Many of the suggested enactments result from legislative action in
District/Municipal Olympia which have not been considered by the council.
Division Chief
There is no rash on this project. I will be out of the office fi'om August 19th through September 13th.
Greg R. Hubbard
Juvenile Please feel free to contact me if you have any questions, comments, or otherwise want to discuss my
Division Chief suggestions. My direct line is 360-337-4982, and my e-mail address is <JJalms~co.kitsap.wa.ns>.
Sue A. Tanner
Civil/Child Support Sincerely yours,
Division Chief RUSSELL D. HAUGE
Proxsecuting Att~
ecuting Attorney
cc: Russell Hauge