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HomeMy WebLinkAbout03/26/03 AGENDA FILE 239 4th Street · Bremerton, WA 98337" Phone (360) 478-5280 · Fax (360) 478-5251 * * * AMENDED * * * CITY COUNCIL MEETING AGENDA MARCH 26, 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 3. CON~ENT AGENDA A. Minutes of Meeting - March 19, 2003 (#AB03-044) B. Purchase of Fairway Mower for the Gold Mountain Golf Complex (#AB03-045) 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. PUBLIC RECOGNITION - Comments limited to 3-minutes 8. NEW BUSINESS A. Set Entry Level Salary Range for Management & Professional Employees hired since January 1, 1994 above Step 1 (#AB03-047) 9. PUBLIC HEARINGS - ORDINANCES & RESOLUTIONS A. Ordinance No. 4850 (Second Reading) repealing and replacing Chapter 9,88 and Title 9A of the Bremerton Municipal Code (#AB03-043) B. Ordinance (First Reading) amending Section 6.32.110 of the Bremerton Municipal Code (#AB03-046) 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING E-mail: citycouncil@ci.bremerton.wa.us * Web: www. ci.bremerton.wa.us CITY COUNCIL MEETING MARCH 26, 2003 SPEAKERS LIST If you wish to make an announcement, inform the Council of an issue, or ask a general question...Please provide information be/ow so staff will be able to contact you. Thank you. NAME ADDRES S/TEl ~EPHONE TOPIC The next Council Meetinq will be held on Wednesday, April 9th. A Monthly Study Session will be held on Wednesday, April 2na. COMMENTS TO TilE. BREMERTON CITY COUNCIL Wednesday, March 26, 2003 by Helen Miller MY FAMILY AND I WOULD LIKE TO EXPRESS OUR SUPPORT OF OUR MILITARY - AT HOME AND ABROAD, IN THESE STRESSING TIMES. I WOULD ALSO LIKE TO THANK A LOCAL BUSINESSMAN, CHUCK HATF. I.WOOD, FOR HIS SUPPORT OF A LOCAL "SUPPORT OUR TROOPS" RALLY LAST SATURDAY - WHICH I LEARNED WAS BEING HELD FROM KVI RADIO - 570 ON YOUR AM DIAL. IN THE SAME VEIN, 1T IS INTERESTING TO NOTE THAT THE ANTI AMERICAN PROTESTS LAST WEEK COST THE SEATTLE TAXPAYERS ONE MILLION DOLLARS FOR THE EXTRA POLICE WORK AND MAN HOURS EXPENDED IN PROTECTING THE "RIGHTS" OF THESE PEOPLE TO BE ANTI AMERICAN AND ANTI-MILITARY ON THE PUBLIC STRI~.I~TS, AND IN THE PROCESS PARALYZING TRAFFIC AND DISRUPTING THE LIVES OF DECENT AMERICANS GOING ABOUT THEIR WORKDAY LIVES. KEEPING IN MIND THE EXTRA MILLION DOLLARS THAT SEA'I'ILEITES ARE PAYING FOR POLICE AND FIRE PRO~ON FOR ONE UNSCHEDULED WEEKS WORK - I WAS DISTURBED TO HEAR LAST EVENING THAT EVEN THOUGH THE MANY CITIT~.NS VOICED THEIR OPPOSITION TO THE EXECUTIVE BRANCITS INTENTION TO REMOVE MONEY FROM THE FIRE AND POLICE PUBLIC SAFETY BONDS TO PAY THE SALARY FOR A CITY ADMINISTRATOR, AND A MAJORITY VOTE OF THE CITY COUNCIL SUPPORTED ~lR POSITION - THE EXECUTIVE BRANCH IS AGAIN PROPOSING THAT THE ADMINISTRATORS PAY BE PARTIAI.I.Y (65%) FUNDED OUT OF THE MONEY EARMARKF. D FOR POLICE AND FIRE PROTECT/ON. THE PUBLIC WH.I. REMEMBER THAT MR. BOT~MAN TOLD THEM THAT NOT A NICKg. I, OF THAT PUBLIC SAFETY BOND MONEY WOULD GO TO ANYTHING EXCEPT POLICE AND FIRE SALARIES AND EQUIPMENT. ANY FUNDING FOR AN ADMINISTRATIVE SALARY SHOULD COME OUT OF THE GENERAL FUND - WHERE SUCH EXPENDITURES ARE MORE VISIBLE TO CASUAL AUDIT. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: MARCH 26, 2003 ORIGINATING DEPT: CITY COUNCIL MINUTES OF MEETING - MARCH 19, 2003 ORIGINATOR: CAROL ARENDS, PRESIDENT DATE SUBMITTED: MARCH 20, 2003 2. ~: (Comment on back if necessary) 3. EXHIBITS: ENDORSEMENT [] INFORMATION [] APPROVED FOR SUBMITTAL BY COUNCIL PRESIDENT: MAYOR: 4. SUMMARY STATEMENT AND REOUIREMENT 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: 3^ 8. AGENDA BILL NO.: 03 - 09¢ 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING. BUDGETS. FACILITIES. EOUIPMENT OR OTHER RESOURCF~.q~. 11. RESEARCH SOURCES: TAPE #1884 CITY COUNCIL MEETING MINUTES March 19, 2003 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4m Street, Bremerton, Washington, Wednesday, March 19, 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 Olsen. Also present were City Attorney Roger Lubovich; Acting Deputy City Clerk Cherie Henry; and Council Assistant Christine Grenier Ellingson. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Pastor Butch Hall of Kitsap Lake Baptist Church. 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 "FY 2002 BUDGET STATUS REPORT". CONSENT AGENDA A. Minutes of Meeting - March 12, 2003 (#AB03-041) #0085 M/SICIU (McConnell/Olsen) Move to approve Consent Agenda as presented. 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. #0100 M/S/C (Younger/McConnell) On March 19, 2003 the Council approved payment for Check Numbers 279392 through 279582 in the amount of $567,766.04; and Regular Payroll in the amount of $850,321.19 for the pay period ending March 15, 2003. Voted in favor of Motion: Nygren, Rollman, Shepherd, Younger, Maupin, Short, Olsen, and Arends Abstained: McConnell (pending inquiry into several expenditures and payroll issues) Motion carried: 8-Yes; 1-Abstention COUNCIL MEMBER REPORTS Wayne Olsen mentioned that he was proud to be turning 66 years old this Friday. Cecil I~lcConnell asked the public to say a prayer for the troops and innocent civilians who may soon be in harms way. [A moment of silence was observed...] Daren Nvaren invited citizens to attend the next District 3 meeting at 7:00 P.M. on Tuesday, March 25 to discuss 'BREMERTON TRANSPORTATION ISSUES" with representatives from Kitsap Transit. Ed Rollman commented on the groundbreaking ceremony for the Government Center, and specifically thanked Carol Arends for recognizing the Council members, and also Cecil McConnell and Eric Younger for their attendance at the event even though he did not vote in favor of the project due to their concerns over the City's financial obligations to the project. Lastly, he acknowledged Jackie Sousa of "Goodie's" and announced that the shop has moved to a bigger location at Pacific Avenue. TAPES #1884 City Council Reg. Mtg. Minutes March 19, 2003 Page 2 of 4 Mike Shepherd was pleased with the discussion regarding the Smith Cove revitalization and block- watch programs during the Evergreen Association meeting held last night; and announced the next District 5 Neighborhood Meeting would be held Thursday, March 20, beginning at 6:30 P.M. at the Memorial Lutheran Church to discuss issues surrounding the local homeless population. Eric Younger thanked Ed Rollman for acknowledging his and Cecil McConnell's attendance at the ground breaking ceremony. Will Maupin reported on his attendance along with Council member Mike Short at the Bremerton Naval Station ribbon-cuffing ceremony for the new Pier Delta, and thanked County Commissioner Patty Lent and Mayor Cary Bozeman for acknowledging their predecessors, former County Commissioner Tim Botkin and former Mayor Lynn Horton in the ground breaking ceremony for their initial involvement in this project, and were deserving of some of the credit. Mike Short provided a briefing on the issues discussed at the Transportation Policy Board meetings of both the Puget Sound Regional Council in Seattle, and the local Kitsap Regional Coordinating Council; and also attended the Puget Sound Naval Base Association's (PSNBA) Breakfast. President Arends thanked the Council members individually for their efforts in attending events such as the ground breaking ceremony for the Government Center; the ribbon cutting ceremony for Pier Delta; and the PSNBA Breakfast. She noted the increasing number of important meetings and events that Council members are invited to attend, and stressed how much easier it is and how much she appreciates it when everyone shares in the responsibility. Lastly, she announced that she would be attending the Puget Sound Regional Council's General Assembly Meeting & Dinner in Seattle tomorrow where they will present the VISION 2020 awards. MAYOR'S REPORT · Mayer Bozeman referred to the concerns raised by Council member Eric Younger, and noted that the Administration is working to resolve this issue as soon as possible; · Briefly discussed the status of obtaining the Public Safety Building; and the work starting on the Government Center and the Hotel Conference Center; · Was pleased to announce the $1.2 million grant obtained by Congressman Norm Dicks solidified the plans for the marina expansion; · Had no updates to report on the waterfront condominiums, the redevelopment plan for Westpark, or Eastpark, but noted that Daren Nygren and Gary Sexton may soon have information to report; · Announced that ice will be laid at the Bremerton Ice Arena on Friday, and the Grand Opening is planned for May 17; · He noted the engineering contract is about to be signed on the Tunnel Project; · Established that the Navy must receive approval for all off-base construction, which is temporarily holding up the parking garage project; · Emphasized that the new Pier Delta could now homeport a second carrier, which is good news; · Attended the fundraising breakfast for the Boy Scouts at the Admiral Theater; and lastly, · Thanked Chris Hugo and his staff at the Department of Community Development for their efforts in issuing permits in a short time frame for all the important projects in Bremerton. PUBLIC RECOGNITION H. Emily Moshay announced that a Grand Opening event is planned at Goodies new location at 4th & Pacific; thanked Council member Mike Short for attending the PSNBA Breakfast; and informed the public that a "Positively Bremerton" group has been formed to help improve community morale. TAPES #1884 City Council Reg. Mtg. Minutes March 19, 2003 Page 3 of 4 Del Knauss charged that the Municipal Services Coordinator received several pay increases during a 10-month period through improper process, and requested the complaint be forwarded to the City Auditor. Helen Miller read a statement into the record which 1) suggested that either the new Government Center or the Hotel & Conference Center bear the name of the honorable Norman Dicks, U.S. Congressman for our area, for his "unfailing interest and dedicated support'; and 2) supported the Council Members in their effort to come into compliance with the Bremerton Municipal Code with respect to the pay increase issue. John Lyall, a member of the "Positively Bremerton Association", complimented the Council on their positive attitude, and asked that the Council work hard to continue the progress. Bill Hoke, a member of the "Positively Bremerton Association", thanked the Council for the support towards progress and urged Council to continue to focus on the future. Gene Sampley, Public Works & Utilities Director, informed the public that 11th Street will be closed east bound from Chester to Warren on Saturday, March 22 so that repairs and improvements can be made with little impact to the City. Kvle Kruger, member of the "Positively Bremerton Association", commented on the possibilities for the City and was hopeful for what is yet to come. 8A - CONTRACT AWARD FOR PROCUREMENT OF SEISMIC BRACES FOR THE CASAD DAM INTAKE TOWER {#AB03-042): Gene Sampley, Public Works and Utilities Director explained that 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 the DWSRF loan. This purchase 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 to award the 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. There were no comments from the public. #1580 MIS/CIU (Maupin/McConnell) Move to award the 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 and authorize the Mayor to execute the necessary contract documents for the purchase. 9A - ORIplNANCE NO. 4849 {SECOND READING) AMENDING CHAPTER 21.22.240 OF THE BREMEI~TON MUNICIPAL CODE RELATING TO THE WETLAND EXTRAORDINARY HARDSHIP TEST (#AB03-040): The first reading of this ordinance was heard on March 12, 2003. Dri Ralph, Environmental Planner with the Department of Community Development was available to answer questions. There were no comments from the public. #1638 MIS/CIU (Olsen/McConnell) Move to pass Ordinance No. 4849 on second reading. 5 TAPES #1884 City Council Reg. Mtg, Minutes March 19, 2003 Page 4 of 4 9B - ORDINANCE (FIRST READING) REPEALING AND REPLACING CHAPTER 9.88 AND TITI F 9A OF THE BREMERTON MUNICIPAL CODE (#AB03-043): Simon Stocker, Assistant City Attorney, stated that many of the current provisions of Chapter 9.88 and Title 9A of the Bremerton Municipal Code are outdated, and that this proposed ordinance would increase the efficiency of our efforts to prosecute crimes by adopting additional state criminal offenses into our code and by improving the language in many of the existing provisions. There were no comments from the public. Mr. Rollman referred to the segment on "MISCHIEF ON BRIDGES", and expressed his concern that suicidal individuals should not be punished, but instead helped. Mr. Stocker responded that no changes are being proposed for this provision in the code, however, did point out that when people attempt to jump off of bridges, it places rescue crews at risk with their reckless behavior, and should be made responsible. Also, it may also be an action that motivates a person to seek help. Mr. Rollman questioned the "FREEDOM TO DISPERSE" provision, and asked if it would apply to anyone wishing to peacefully protest against the war. Mr. Stocker answered that it does not prohibit freedom to peacefully assemble for protests. Mr. Younger emphasized that the "MISCHIEF ON BRIDGES" provision was a tool for law enforcement, and was in place to also address people who are playing on the bridge, and therefore did not support the removal of this segment from the Bremerton Municipal Code. Mr. Nyqren and Mr. McConnell agreed, and after elaborating further on the issue, supported no change. Mr. Shepherd agreed with Mr. Rollman, and could not support the "criminalization" of mental illness. Mr. Maupin asked if the language was removed, does the City still have the authority to help suicidal jumpers? Mr. Stocker replied yes. Mr. Short was confident that at the scene, an individual would be cited for the act, but then be recommended for psychiatric assistance. #2292 M/S/C (Younger/Olsen) Move to approve the proposed ordinance on first reading. Voted in favor of Motion: Younger, Maupin, Short, Olsen, McConnell, Nygren, and Arends Voted opposed to Motion: Shepherd and Rollman Motion carried: 7-Yes; and 2-No With no further business, the regular meeting of the City Council was adjourned at 6:40 P.M. The Council then reconvened in the Council Conference Room for a Study Session to discuss the "FY 2002 BUDGET STATUS REPORT". Prepared and Submitted by: LORI SMITH Legislative Assistant Attest: PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Purchase of a Fairway Mower FOR AGENDA OF: 26 March 2003 For the Gold Mountain Golf Complex ORIGINATING DEPT: Parks & Recreation ORIGINATOR: Jim Spencer, Director DATE SUBMITFED: 18 March 2003 2. CLKARANCES: 3. EXHIBITS: (Commit ma t~ if nee~ary) Ci~ AUo~: E~g~ ~ --RO~D BY CO~C~ P~ ~R ~ ~YOR:~ ~C~P~S~: ~ ~ 4. SU~RY STA~NT ~ ~QUI~NT FOR COUN~L A~ON: We ~h m ~e a role ~ purc~ of a J~n LF 3~ 4-wd 31 ~ ~ay mower for ~ld M~nln Go~mpl~ ~m M~n~ Cm~n~ Co~y, he., w~ is &e oMy d~ ~ ~ sell ~s p~ in &e ~. ~s ~e ~1 r~l~e one of ~ ~o rmimg Toro mwm. ~ F~ G~ Su~d~ ~ p~i~ l~bsou ~ well ~ Toro ~ mow~m, ~ f~d ~e J~s~ m ~ s~ofi~ M ~ &o n~ of~e Goff Co~l~. p~ ~il brag &e m~l~'s ~y mower fl~ t~ m ~r (4) l~b~m ~ o~ ( 1 ) T~. ~r g~ is m ~e~ly ~ &e fl~ wi~ l~n ~may mw¢n, s~ ~r ~ f~ ~em m ~ ~e mo~ rel~ble m~mr. ~ ~ of&is mower h ~2,888.96 (Mclud~ ~ m) ~ is mlely ~d~ by &e Golf C~ F~ 407. ~s ~ pm is included in &e 2~3 ~. S. RECOMMENI~ATION: Motion to approve the sole source purchase of the lacobson LF 3400 4-wd 31 hp Fairway Mower. 9. RESPONSIBLE OFFICIAL: Jim Spencer ENFORCEMENT OFFICIAL: Jim Spencer EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED A~.~ COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL #: 03 ~' 0 ~" 7 2. CLEARANCE COMMENTS: ,4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION icontinued~: IMPACT OF NON-PA~SSAGE: The Golf Complex would not replace an existing fairway mower which is not reliable, and breaks down on a regular basis, The mower is necessary to maintain the complex at its current standards. 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EOUIPMENT OR OTHER RESOURCES: This mower has been budgeted for 2003 in Fund 407 (Golf'Complex) 7. RES~ARCH SOURCES: AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: PJ%TIFYING THE SALARIES FOR AGENDA OF: March 26, 2003 OF THE INTIAL HIRES OF CERTAIN ORIGINATING DEPT: Finance Dept. "MANAGEMENT AND PROFESSIONAL ORIGINATOR: Michael R. Wilson EMPLOYEESS DATE SUBMITTED: March 26, 2003 2. CT.~-~RANCES: (co~u~ent on back if necessary) 3. EXHIBITS: City Attorney ~~'~ March 18, 2003 Memorandum Director, Finance '~ from the Finance Director Director, Human Resources(_ &~. '_C~rJ~,-,~~ anddelated attachments Budget Finance Committee ~ o~/~'~ Operations Committee ~11~_~- ~ ENDORSEM~WT-~~ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. S~]~ STAT~ /~ ~UI~ FOR CO%~CIL ACTION: After review of appointments of employees covered under ~his "management and professional" classification, there does not appear to be any formal record that the City Council approved the hiring of certain "management and professional" staff at salary levels above Rate 1. In order to correct this error or oversight, a list of such employees (see Attachment "A") is herewith submitted, together with a request that the City Council confirms and approves the respective salary rates of these employees. In addition, a brief statement on the background/ experience of each employee (see Attachment "B") which provides justification and support for such request is also submitted for review. 8. P~CO~NDATION: The City Council approve a motion to ratify the salaries of the initial hires of''management and professional" employees based the salary bands and rates on the dates of hire as set forth under Attachment "A". 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED __~ED COUNCIL DIRECTIVE: DATE: NO: 03- oq7 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES 7. RESEARCH SOURCES Department of Finance 239 Fourth Street, Bremerton, WA 98337 Telephone: 360-478-5590 Fax: 360-478-5200 mwilson@ci, bremerton, wa.us Michael R. Wilson, Director of Finance TO: Bremerton City Cc~ncil FROM: Michael R. Wilson[ Director of Finance"-' SUBJECT: Entry level Salaries DATE: March 18, 2003 Under Bremcrton Municipal Code, the initial salary rate of newly-appointed "management and professional" staffshall be set at a level no lower than Rate 1 of the salary band. When it is in the best interest of the City to attxact the most qualified candidates, the initial salary rate for a new management or professional staff member may exceed Rate 1 provided such rate is approved by the City Council. This condition of obtaining City Council approval for setting initial salaries does not apply, however, to employees covered under existing labor agreements (Fire, Police and Teamsters). After review of appointments of employees covered under this "management and professional" classification, there does not appear to be any formal record that the City Council approved the hiring of certain "management and professional" staffat salary levels above Rate 1. In order to correct this error or oversight, we are herewith submitting a list of such employees (see Attach- ment "A") together with a request that the City Council confirms and approves the respective salary rotes of these employees. In addition, we are providing a brief statement on the background/ experience of each employee (see Attachment "B") which provides justification and support for such request. Recommendation: The City Council approve a motion to ratify the salaries of the initial hires of "management and professional" employees based the salary bands and rates on the dates of hire as set forth under Attachment "A". ATTACHMENT "A" Management/Professional h/red since 1-1-94 above Step 1 Management/ Last Name Title Date Hired Band/Rate 2 Coxon WWTP Manager 1/10/1994 Bg/R_3 15 Pearler-Stewart Artminlstrafive Analyst (Reclass) 1/01/1998 B1 lfR5 3 Sholtis Administrative Analyst 2/01/1998 Bll/R4 4 Price Project Manager 4/01/1998 B7fR7 5 Earl Project Manager 1/01/1999 B7/R.8 16 Rife Asst. CityAttomey-PT 2/16/1998 B9/R3 17 Rife Asst. City Attorney - FT 1/01/2000 Bg/R6 6 Sharp CS Officer/HR Specialist 5/01/2000 B14/R2 7 St. Pierre Asst. City Attorney 6/30/2000 Bg/P.5 8 Davis CS Officer/HR Specialist 2/01/2001 B14/R6 9 Korpi Managing Engineer 6/20/2001 B7fR4 10 Huff-Menees Municipal Services Coordinator 2/01/2002 B9/R8 11 Swem Legal Assistant 2/28/2002 B6/R5 12 Miller Project Manager 5/01/2002 B15fR6 13 Rogerson Planning Manager 7/01/2001 B15/R4 14 Comstock Comm. Development Program Coord. 1/02/2003 B10fR5 ATTACHMENT"B" Pat Coxon - Prior to his return to the City in November of 1995, Pat had over 13 years with Bremerton and six years as Plant Manager at the existing wastewater treamaent plant (WWTP). He was hired at a higher rate based on this previous experience with the City and his documented history in management of the WWTP. Pat was hired as the WVCFP Plant Manager when the City terminated it contract with Metcalf & Eddy and assumed operation and maintenance responsibilities for the WWTP and Pump Stations. Lynn Price - Lynn Price was originally hired as the Transportation Senior Engineer replacing Mark Souza who had resigned. Lynn came to the City with over 25 years experience with Tacoma Public Works in a similar position. His strong technical skill and experience as a senior engineer and project manager on federally funded projects made him the top candidate for this position. When the first phase of the SR-304/Gateway Project was implemented, Lynn was reassigned in a lateral move as the Project Manager for tiffs multiphase project. Bob Earl - Bob Earl was originally hired as an individual contractor to perform construction management for the City's CSO Reduction Plan implementation and worked as such for three years. Bob demonstrated Ms value to the City and was asked to consider full time employment as a Project Manager. This position was presented to and approved by City Council as a budget adjustment. The position was offered to Bob at a rote, including benefits, as close to his consultant rate as possible. Luke Korpi - Luke was hired as the Transportation Senior Engineer (currently Transportation Managing Engineer). I-I/s experience and expertise made Luke the top candidate for this position. The salary level was based on his existing salary as a senior engineer with the City of Seattle. Dan Miller - Dan was originally hired in 1993 as the Project Manager for City capital projects under the Public Works & Utilities Department until he resigned in October 2001. Approximately six months after his resignation, with the revitalization efforts in the City, Dan was asked to remm to Bremarton for this same purpose. Dan agreed and was rehired as Project Manager at a rate of pay that would have been commensurate with what he would have been at had he not resigned. John Poppe - Council approved hiring John at Band 4 Step 6 on August 24, 1994. Paul Rogerson: Paul was hired at mid-range because he was the most experienced finalist in number of years of professional practice and range of experience. He left the position of Planning Director for Grays Harbor County at a similar salary level. Prior to that, Paul was the Director of Community Development for Shelton, a position that entailed most of the functions of the Director position in Bremerton. This was a lateral career move for Paul that had more to do with lifestyle preference than "moving up" in career development. I-lis starting salary reflected that lateral move. Denise Comstock: Denise was hired at mid-range to assume the duties that Debbie Pearler- Stewart had executed as an Administrative Analyst. Just prior to the hire, at the Director's suggestion, the two Administrative Analyst positions in the CD Department were reclassified as a Community Development Program Administrator and a CD Program Coordinator to establish a slight staff hierarchy in the CDBG/HOME program environment. There are minimal distinctions between the duties of the two positions, other than the matter of program oversight, and there was a slight downward adjustment of the Program Coordinator salary range to reflect this. Denise Comstock was hired as a highly experienced and knowledgeable professional with years of experience in CDBG and Housing program administration at the State and local level and as a private consultant. She needed little guidance and no training to perform 1 her new duties. In terms of salary, this was a lateral move for Denise from her previous employment at the sa.me salary. It was also close to the entry-level salary of the prior Administrative Analyst position, and some of the finalists for Debbie's vacancy expressed expectations of compensation. Kathy Sharp: Kathy was hired above rate one because she had over twenty years experience in Human Resources and a Bachelor's in Business Administration which was above the minimum requirements for the position. Annie Davis: Annie was hired above rate one because she had a master's degree in Education with a Business major and 20 years of experience in Human Resources. She also had over six years experience in state government that had a classified system (civil service) which was above the qualifications. Tim Sholfis: Tim was hired at Band 11, Rate 4 because he had previous work experience with NYPD in the areas of live scan fingerprinting and Automated Fingerprint Information System (AFIS), a Masters Degree and 90 plus credit hours in Economic and Business Administration, several years of management experience, and other skills and abilities valuable to the position that other candidates did not possess. Theima Swem: Theima was hired from a Seattle law fzrm in February 2002. She is a nationally certified legal assistant and, at the time of her hire, had over eight years paralegal and secretarial experience. She is a superb employee and has been rated as "exceeding expectations" in all of her evaluations. Thelma was initially hired at Band 6, rate 5 and took a si~mfficant pay cut when she accepted this position. I was not aware at the time of her hire that Council approval was required to hire her at a rate higher than rate 1. Sherrill Huff-Menees: Sherrill was hired above rate one becanse she had over twanty years prior public service, including eight years as Kitsap County Auditor; two years as Assistant Director of the Washington State Lottery; and the Director of the Lottery's Management Services Division; two years as Executive Director of the Kitsap Regional Coordinating Council; four years on the Bremerton City Council, two as Council President; four years as representative to Puget Sound Regional Council; she was also the Interim Director of Community Development Block Grant and Housing Rehab Program for the City of Bremarton in 1987. David St. Pierre: David was hired as an Assistant City Attorney in June 2000 at Band 9, Rate 5. Mr. St. Pierre lel~ City employment in July 2001. There is no one currently working in the City Attorney's Office to speak to the reasons why Mr. St. Pierre was hired at rate 5. Debbie Peavler: Debbie was hired as and Administrative Analyst at Bund 11, RS. She is no longer worldng for the City. Knute Rife: Kunte was hired as an Assistant City Attorney at Band 9, Rate 3. There is no one currently working in the City Attorney's Office to speak to the reasons why Mr. Rife was hired at rate 5 or why when he was place at Rate 6 when he went fulltime. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA: March t-9-arM 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. CLEARANCES:_(Com~_en~ton back if necessary) 3. EXHIBITS: " ---~. PROPOSED ORDINANCE A/to. ~8 ~ ROG~E..~.~. L~UB}DVICH, City Attorney LETTER OF EXPLANATION FROM JEFF JAHNS FISCAL & ~]~.DGET CHAIRMAN OPERATIONS CHAIRMAN COUNCIL PRESIDENT ENDORS 3eT [] [] 4. SUMMARY STATEMENT AND REQUIREMENT 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 pass Ordinance No. /'/~ ~'O 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~ D}TE: YA COUNCIL DIRECTIVE: 8. AGENDA BILL NO.: ~'~5' - ~ ~,,N 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RE~qOURCES: 11. RESEARCH SOURCES: ORDINANCE NO. q 5'O 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 paraphemalia 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 enforcement 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 entitled "Marijuana" is hereby created to read as follows: Chapter 9.88 MARIJUANA 9.88.010 DEFINITIONS. "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 from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. Criminal Code 9.88.020 MARIJUANA POSSESSION. Any person found guilty of possession of forty (40) grams or less of marijuana shall be guilty of a misdemeanor. 9.88.030 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. 9.88.040 MISDEMEANOR VIOLATIONS - 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 ofimprisoument 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. 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. 2 Criminal Code 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. 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 charter 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 cimumstances 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 ($1,000.00), or by imprisonment for not mom than ninety (90) 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 ($5, 000.00), or by imprisonment for not more than Three Hundred Sixty Five (365) 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. 3 Criminal Code 13 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 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. 4 I ~ Criminal Code 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. 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 the same force and effect as if set forth herein in full. 9A.08.080 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 Washin~on 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 Criminal Code 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 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 prima facie intent RCW 66.44.070 Certified analysis ispr#nafacie 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 enfomement of title Criminal Code 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. 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 be guilty of a gross misdemeanor. 9A.20.050 CONTRIBUTING TO DELINQUENCY OF A CHILD. A person is guilty of contributing to the delinquency ora 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. Criminal Code 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 uny school ground, or street, sidewalk, or public way adjacent thereto, without lawful reason, and intentionally causes substantial disruption of the activities of the school. 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 Commtmicating 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 performunce RCW 9.68A.160 Penalty 9A.20.080 SEXUAL MISCONDUCT WITH A MINOR IN TIlE 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 und 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 und 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 8 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 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 herein 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 EXEMPTIONS. 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 thc 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 herein in full. Criminal Code 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 force and effect as if set forth herein in full. 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 fome 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 police animal, 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 or police animal 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 or police animal 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 10 Criminal Code 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, 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 three 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 MINOR. 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 fi'om 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; 11 C:~ l Criminal Code (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 (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 condors 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 govemments, 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. (0 "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. 12 ~ Criminal Code 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 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 9.46.3 l0 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. 13 ~ Criminal Code 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. 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. 14 ~,~ Criminal Code 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. 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 rome 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 fi-om 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. 15 ~ Criminal Code 9A.36.020 THEFT - 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 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 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 SHOPPING 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. 16 ~ Crimhtal Code 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. 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.04.110 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. 17 ~['~ Criminal Code 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. 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 amended 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 18 ~ Criminal Code 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. 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 fi.om 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. 19 ~ ~ Criminal Code 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: (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 disrupts" 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, walls 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, commonly 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. 20 aD Criminal Code 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 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 intemourse. (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: (I) 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. 21 ~l Criminal Code 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 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. Severabilitv. 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. 22 ~. Criminal Code 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 _, 2002 PASSED by the City Council the day of ., 2002 CAROL ARENDS, Council President Approved this day of ,2002 CARY BOZEMAN, Mayor ATTEST: 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:\LEGAL\Ordinances~Criminal Code Update.doc 23 ~ ~ Criminal Code Kitsap County Prosecuting Attorney's Office Russell D. Hauge August 1, 2002 Please reply to: Adult Crimina, I & ~i~iStf6;atige ProsecutingAitomey iI L~ tt , Roger Lubovich Bremerton City Attorney t 239- 4th Street Carol I. Maves Bremerton, WA 98337 Office Administrator Re: Suggested Modifications to Cnrmnal Pomons of the Bremerton Iv[umc~pa.l~od0 Christian C. Casad Case Management Dear Mr. Lubovich: ' - Division Chief I am the chief deputy prosecutor m charge of the Bremerton Municipal Court prosecution contract with Michael B. Savage the City. I write this letter concerning the criminal portion of the Bremerton Municipal Code. Trial Division Chief Overall, the Code works just fine 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 Distxict/Municipal Olympia which have not been considered by the council. Division Chief There is no rush on this project. I will be out of the office from 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 <JJahns~co.kitsap.wa.us>. Sue A. Tanner Civil/Child Support Sincerely yours, Division Chief RUSSELL D. HAUGE Prosecuting Att; ' C~ief Depu~ rosecuting Attorney cc: Russell Hauge AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA: March 26 and April 9, 2003 PUBLIC HEARING ON ORDINANCE AMENDING ORIGINATING DEPT: City Attorney's Office BMC SECTION 6.32.110 ORIGINATOR: Simon Stocker DATE SUBMITTED: March 13, 2003 2. CLEARANCES: (Comment on back if necessary) 3. EXItIBITS: PROPOSED ORDINANCE DECLINE TO PROSECUTE NOTICE APPROVED FOR SUBMITTAL: CHAIRMAN COUNCIL PRESIDENT ENDORSEMENT [-] ~~ON [~ ~ MA¥O 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The current provisions of BMC Section 6.32.110 result in the inability to enforce limits on the volume of sound emitted from audio equipment when the source of such sound is located upon the property of thc operator of the audio equipment. The proposed ordinance eliminates thc exception to the volume limit on property of thc operator of audio equipment. 5. RECOMMENDATION: Move to approve the proposed ordinance on first reading. Move to pass Ordinance No. on second reading. 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION: PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDE~ ~T~: 7 COUNCIL DIRECTIVE: 8. 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 thc City Council of the City of Bremerton, Washington, amending Section 6.32.110 of thc Bremerton Municipal Code relating to Public Disturbance Noises. WHEREAS, the current provisions of Section 6.32.110 of the Bremerton Municipal Code relating to public disturbance noises results in an inability to enforce limits on the volume of sound emitted from audio equipment when the source of such sound is located upon the property of the operator of the audio equipment; and WHEREAS, the City Council finds that this provision results in the inability to apply the City's noise restrictions for individuals who emit loud sounds from their property, which defeats the purpose of having the restrictions; and WHEREAS, the City Council desires to protect the public from public disturbances noises by limiting the volume of sound that may be emitted from audio equipment regardless of whether the audio equipment is being operated upon the property of the operator; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION1. Section 6.32.110 of the Bremerton Municipal Code entitled "Public Disturbance Noises" is hereby amended to read as follows: 6.32.110 PUBLIC DISTURBANCE NOISES It is hereby unlawful and declared a public nuisance for any person to cause, or for any person in possession of property to allow, noise defined in this section. For prosecution under this section, evidence of sound level through the use of a sound level meter reading shall not bc necessary to establish a commission of the offense. Provisions of this section shall be cumulative and not exclusive, and shall not affect any other claim, cause of action or remedy including any prosecution for violation of sections regulating environmental noise. The following shall be public disturbance noises: (a) The frequent, repetitive or continuance sound of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law. (b) The creation of frequent, repetitive or continuous noise in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within District I so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property. (c) The use ora sound amplifier or other device capable of producing or reproducing amplified sound upon public streets for the purpose of commercial advertising or sales or for attracting thc attention of the public to any vehicle, structure or property or the contents therein except as permitted by law, and except that vendors who sole method of selling is from a moving vehicle shall be exempt from this subsection. Public Disturbance Noises (d) Sound from motor vehicle sound systems, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than 50 feet from the vehicle itself. (e) Sound from audio equipment, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than 50 feet from the soume, and if net cperatcd u~cn the prc.~c,~y cf Lbo c~crator. (f) The creation of any loud noises which emanate frequently, or repetitively or continuously from any building, structure or property which unreasonably disturbs the peace, comfort and repose of others. SECTION2. Severabilit~. 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. SECTION3. Effective Date. This ordinance shall take effect and be in force ten (I0) 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. R:\LEGAL\OrdinanceskNoise Ordinance Amendment. doc 2 ,~_ Public Disturbance Noises Kitsap County Prosecunng Attorney's Office Russell D. Hauge Decline to Prosecute Notice Carol I. Mares Office Administrator TO: Bremcrton PD, Evidence/Property, FAX 360-415-5466 Christian C. Cased FROM: Cindy P. Goetzmann, WSBA No. 30274, Deputy Prosecuting Attorney Case Management REPLY TO: ' Bremerton Municipal C~urt Division Division Chief DATE: February 21, 2003 Michael B. Savage SUSPECT: Trial Division Chief Jeffrey J. Jahns DistricfflVlunicipal Most Serious Crime Type - Malicious Mischief (Gross Misdemeanor/Misdemeanor) Division Chief Offense Date-January 13, 2003 Greg R. Hubbard Your Report Number-;2~0~~:~, Referred By - KeVin M. Crane, BPD416 Juvenile Seized personal property.~ ~ne ~ Division Chief Seized contraband? None Rape kit? None Sue A. Tanner Seized firearm? None. Civil/Child Support Division Chief Reason(s) for Decline to Prosecute Our decline reason - Insufficient Evidence Unfortunately, the suspect does not appear to have violated the law since the noise was emanating from his property. See statute attached. you may appeal the decline decision to Chris Ca, ad (adult felony), Gr~g Hubbard ~uvenile}, Jeff Jahn~ (adult misdemeanor), or Ru~ Hauge Public Disturbance Noises =On or between=, in the =county/city~, State of Washington, the above-named =d/r= did cause, or being in possession of property did allow, public disturbance noises, to-wit: (a) the frequent, repetitive or continuance sound of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law; and/or (b) the creation of frequent, repetitive or continuous noise in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within District I so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property; and/or (c) the use of a sound amplifier or other device capable of producing or reproducing amplified sound upon public streets for the purpose of commercial advertising or sales or for attracting the attention of the public to any vehicle, structure or property or the contents therein except as permitted by law, and except for vendors whose sole method of selling is from a moving vehicle; and/or (d) sound fi.om motor vehicle sound systems, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than 50 feet from the vehicle itself; and/or .(e) sound from audio equipment, such as tape l)lavers, radios, and"e~pact disc players, operated at a volume so as to be audible ~reater than 50 feet from the souree~_~f~hot operated upon the property of the operator; and/or (f) the c~'eation of any other loud noises whicl"r"~manate fi.equently, or repetitively or continuously from any building, structure or property which unreasonably disturbs the peace, comfort and repose of others; contrary to Bremerton Municipal Code 6.32.110. (MAXIMUM PENALTY FOR SECOND OR SUBSEQUENT VIOLATION WITHIN A 24 HOUR PERIOD-Ninety (90) days in jail or $1,000 fine, or both, pursuant to BMC 6.32.120(a) and 1.12.020(2), plus restitution, assessments and court costs.) JIS Code: 6.32.110.2 Pub Nuisance Noise Disturb 2nd Vio