HomeMy WebLinkAbout10/27/04 AGENDA FILE
239 4th Street · Bremerton, WA 98337 * Phone (360) 478-5280 · Fax (360) 478-5251
OCTOBER 27, 2004
CITY COUNCIL MEETING AGENDA
1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in Council Conference Room
A. General Council Business
2. CALL TO ORDER: 5:30 P.M. in Council Chambers
A. Pledge of Allegiance
B. Invocation
3. PUBLIC SERVICE ANNOUNCEMENTS
4. CONSENT AGENDA
A. Claims & Check Register (#AB04-226)
5. NEW BUSINESS - There are no New Business items this week...
PUBLIC HEARINGS - ORDINANCES AND RESOLUTIONS
A. Ordinance No. 4912 [Second Reading] vacating a portion of the North/South Alley between
13th and 16th Streets; and a portion of 15th Street between Broadway and Warren Avenues
(#AB04-220)
B. Ordinance No. 4913 [Second Reading] vacating a portion of Coontz Street lying between
Callow Avenue and Charleston Boulevard; and the alley lying between Coontz Street and
Charleston Boulevard (#AB04-221)
C. Ordinance No. 4914 [Second Reading] amending Chapter 21.22 of the Bremerton
Municipal Code relating to Appeals of Critical Areas Land Use Decisions and Enforcement
of Violations of the Critical Areas Code (#AB04-222)
D. Ordinance No. 4915 [Second Reading] creating a New Chapter of the Bremerton Municipal
Code relating to the Regulation and Use of Motorized Wheeled Transportation Devices
within the City (#AB04-223)
7. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
CITY COUNCIL STUDY SESSION
Immediately following the City Council Meeting, the Council Members will reconvene in the Council
Conference Room for a LEGISLATIVE REVIEW COMMITTEE to hear presentations on the following
proposed items. Please note that no action will be taken, and the content of these items are subject
to change.
1. 2005 Property Tax Ordinance - Michael Wilson, Financial Services Director
2. FY 2005 Budget Work Session - Overview of Budget- Mayor Cary Bozeman and Michael
Wilson, Financial Services Director
B American$ with Disabilities Act (ADA) accommodations provided upon request. Those requiring special
accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the
Council meeting.
E-mail: citycouncil@ci.bremerton.wa.us * Web: www. ci.bremerton.wa.us
DATE SUBMITTED: BILL
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Approval of Claims and Checks Committ=e Meeting Date:
Register COUNCIL MEETING Date: ~"d)~-,~ ~-q~])~ -
Department: Financial Services
Presenter: Cathy Jolmson
Phone: 473-5296
SUMMARY: Consent agenda item. Approval of payroll, checks and electronic fund transfers.
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount):.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS: CONSENT AGENDA
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Move to Approve: (~-'~:~ ~-~
1) Check#'s 2'~,~/ througlk~.f,(,~/ ~dEFT's & ~
in the ~o~t of $
2) Regular Payroll for the pay period ending ~-~~ in the amount of
3) Retiree Payroll for the pay period ending_ in the amount of $
COUNCm ACTION: ~ Approve ~ Deny ~ Table ~ Continue ~ No Action
DATE SUBMITTED: October 12, 2004 BILL # ~ q ',J~
AGENDA BILL IA A
CITY OF BREMERTON ~
CITY COUNCIL
SUBJECT: Hearing and Ordinance # Committee Meeting Date: 4'e?rCn~oe,~ ~ q, ~c~y
q'q/,~. Vacating a Portion of the COUNCIL MEETING Date: October 20, 2004
North/South Alley Between 13th and 16th Department: PW&U, Engineering
Streets, and a Portion of 15th Street Between Presenter: Michael C. Mecham
Broadway and Warren Avenues. Phone: 473.5288
SUMMARY: The City received a petition from Olympic College to vacate a portion of the
north/south alley between 13th and 16th Streets, and a portion of 15th Street between Broadway and
Warren Avenues. This date has been scheduled for a public hearing in accordance with state law and
the Bremerton Municipal Code for first reading on the proposed ordinance vacating the subject
property.
ATTACHMENTS: 1.) Ordinance # ~tqL,3..; 2.) Site Map
FISCAL IMPACTS (Include Budgeted Amount): No Impact.
APPROVALS: -, ,,/',/f ) ~ ~
DEPARTMENT DIRECTOR ~'~'-- -7
CITY ATTORNEY:
FINANCE DIRECTOR: ~ ,-~"'~,/~ (X
OPERATIONS: /~,'~4~ ~//,.1"1/~ wi CONSENT AGENDA []
RECOMMENDED MOTION:
allo-y hetxxm, a.n 1 Rth anct 1 ~th ~*-C,,C,~3, ~-' a _ ,' r , ~-th ....
A.v_ema~.
B. Move to pass Ordinance # qt/4 L~.on second reading, vacating a portion of the north/south alley
between 13th and 16th Streets, and a portion of 15th Street between Broadway and Warren Avenues.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
ab/Agenda Bills 2004/Broadway 15t~ St, Agenda Bill for Ordinance
1
ORDINANCE NO. q cii~.3..
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, relating to the vacation of streets,
vacating a portion of the north/south alley between 13th and 16th
Streets, and a portion of 15th Street between Broadway and Warren
Avenues and further reserving easements for utilities within the
vacated area.
WHEREAS, the City received a petition to vacate a portion of the north/south
alley between 13th and 16th Streets, and a portion of 15th Street between Broadway and Warren
Avenues in the City of Bremerton, and
WHEREAS, the City passed Resolution No. ~),9q-.2.. declaring its intention to
vacate a portion of the north/south alley between 13th and 16th Streets, and a portion of 15th Street
between Broadway and Warren Avenues, which resolution also set a hearing to take public
comment or consider written objections to the vacation; and
WHEREAS, fewer than fifty percent of the property owners abutting said right-
of-way filed written objections to this action prior to the time set for public hearing herein; and
WHEREAS, a public hearing was held with proper notice on October 20, 2004, in
the City Council Chambers of the Bremerton City Hall to take public comment or consider
written objections to the vacation; and
WHEREAS, the City Council has determined that it is in the best interest of the
public to proceed with the vacation; and
WHEREAS, the City Council finds it appropriate to reserve certain easements
within the area to be vacated; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals are incorporated as if fully set forth herein.
SECTION2. A portion of the north/south alley between 13th and 16th Streets, and
a portion of 15th Street between Broadway and Warren Avenues in the City of Bremerton, as
described in Exhibit A, which is attached and incorporated herein by this reference, is hereby
vacated to the abutting property owner ("Property Owner") including any and all easements
contained therein.
Street Vacation -
Alley 15th Street, Broadway Ave
2
SECTION 3. Easements. The granting of this vacation is subject to and
conditioned upon the following:
a. An easement is reserved for the City of Bremerton, Public Works and Utilities
Department for construction, operation, maintenance and/or repair of City utilities and
appurtenances over, under and upon the entire area vacated pursuant to this ordinance.
b. An easement is reserved for Cascade Natural Gas for operation, maintenance
and/or repair of gas lines and appurtenances over, under and upon the existing facilities within
the area vacated pursuant to this ordinance.
c. An easement is reserved for Puget Sound Energy for operation, maintenance
and/or repair of electrical facilities and appurtenances over, under and upon the existing facilities
within the area vacated pursuant to this ordinance.
d. An easement is reserved for Qwest for operation, maintenance and/or repair of
telecommunication cable and appurtenances over, under and upon the existing facilities within
the area vacated pursuant to this ordinance.
e. Improvements within Easement. Property Owner shall maintain the area over,
under and upon the easement in a condition so as not to interfere with the ability of the City and
other grantees of the easement(s) herein ("Grantee") from constructing, operating, maintaining
and/or repairing their utilities. Any and all improvements placed or constructed within the
easement by the Property Owner shall be at the Property Owner's sole risk and responsibility.
Property Owner shall, within thirty (30) days of request of Grantee, remove, and thereafter
replace, at Property Owners cost and expense any such improvements interfering with Grantees
ability to construct, operate maintain and/or repair its utilities. No notice is required in the event
of an emergency situation. Should Property Owner fail to remove said improvements as
requested or in the event of an emergency, Grantee may remove the improvements at the
Property Owner's cost and expense.
SECTION 4. Additional Conditions. The granting of this vacation is further
subject to and conditioned upon the following:
a. Property Owner shall dedicate Broadway Avenue between 15th and 16th Streets for
public use.
b. Property Owner shall dedicate a public access easement between the existing alley
and Broadway Avenue.
SECTION 5. No vested rights shall be affected by the provisions of this
ordinance.
SECTION 6. Severabilit¥. If any one or more section, 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.
2 Street Vacation -
th
Alley 15 Street, Broadway Ave
SECTION 7. 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 ,2004.
PASSED by the City Council the day of ,2004.
DAREN NYGREN, Council President
Approved this day of ,2004.
CARY BOZEMAN, Mayor
ATTEST: APPROVED AS TO FORM:
PAULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of ., 2004.
EFFECTIVE the day of ,2004.
ORDINANCE NO.
R:~EGAL\Ordinancesh°ublic Works & Utilities\Vacation - Olympic College.doc
3 Street Vacation -
Alley 15th Street, Broadway Ave
4
EXHIBIT A
THAT PORTION OF LOTS 1, 2 AND 3 OF TRACT 6 AND LOT 5 OF TRACT 7 OF WARREN
SMITH'S ACRE TRACTS, AS RECORDED IN VOLUME 2 OF PLATS, PAGE 51, RECORDS
OF KITSAP COUNTY, WASHINGTON, AND OF THAT PORTION OF 15TM STREET LYING
WITHIN A STRIP OF LAND 14 FEET IN WIDTH, THE EAST LINE OF WHICH IS DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT 144.38 FEET NORTH 88°26'26" WEST OF THE NORTHEAST
CORNER OF SAID LOT 3; THENCE SOUTH 01°05'14" WEST A DISTANCE OF 63.59 FEET
TO THE SOUTH LINE OF THE NORTH HALF OF SAID LOT 3, SAID POINT ALSO BEING A
POINT ON THE NORTH LINE OF THE PLAT OF JOHN ROLSTADT'S, 1sT ADDN. TO
BREMERTON AS RECORDED IN VOLUME 4 OF PLATS PAGE 38; THENCE NORTH
88°25'55" WEST ALONG SAID NORTH LINE A DISTANCE OF 2.00 FEET TO THE
NORTHWEST CORNER OF LOT 1 OF SAID PLAT OF JOHN ROLSTAD'S, SAID POINT
ALSO BEING THE NORTHEAST CORNER OF ALLEY IN SAID PLAT; THENCE SOUTH
01°05'14" WEST ALONG THE EAST LINE OF SAID ALLEY A DISTANCE OF 127.17 FEET TO
THE SOUTHWEST CORNER OF LOT 4 OF SAID PLAT OF JOHN ROLSTADT'S, SAID POINT
ALSO BEING ON THE NORTH LINE OF THE SOUTH HALF OF SAID LOT 2 OF TRACT 6;
THENCE SOUTH 88°24'54'' EAST ALONG SAID NORTH LINE A DISTANCE OF 2.00 FEET:
THENCE SOUTH 01 =05'14" WEST A DISTANCE OF 63.59 FEET TO THE SOUTH LINE OF
SAID LOT 2 OF TRACT 6; THENCE NORTH 88°24'23" WEST ALONG SAID LINE A
DISTANCE OF 2.00 FEET; THENCE SOUTH 01°05'14'' WEST A DISTANCE OF 127.17 FEET
TO THE SOUTH LINE OF SAID LOT 1 OF TRACT 6, SAID POINT ALSO BEING THE
NORTHWEST CORNER OF THAT PORTION OF VACATED 15TM STREET, AS RECORDED
UNDER AUDITOR'S FILE NUMBER 200102280038; THENCE SOUTH 01°05'14" WEST
ALONG THE NORTH LINE OF SAID VACATION A DISTANCE OF 30.00 FEET TO THE
SOUTHWEST CORNER THEREOF SAID POINT ALSO BEING ON THE NORTH LINE OF
SAID LOT 5 OF TRACT 7; THENCE SOUTH 01°05'23" WEST A DISTANCE OF 56.00 FEET;
TO THE TERMINUS OF THIS DESCRIBED EAST LINE.
THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO
TERMINATE AT THE SOUTHERLY BOUNDARY OF PARCEL AS DESCRIBED UNDER
AUDITOR'S FILE NUMBER 9403070248 AND THE SOUTH RIGHT-OF-WAY LINE OF 16TM
STREET.
ALSO TOGETHER WITH A PORTION OF 15TM STREET DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 5 OF TRACT 7, A DISTANCE
OF 156.49 FEET SOUTH 88°23'23'' EAST OF THE NORTHWEST CORNER THEREOF, SAID
POINT ALSO BEING ON THE SOUTH RIIGHT-OF-WAY LINE OF SAID 15TM STREET;
THENCE NORTH 88°23'23'' WEST ALONG SAID LINE A DISTANCE OF 39.92 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT, THE RADIUS OF WHICH
BEARS NORTH 22°38'21" WEST A DISTANCE OF 68.00 FEET; THENCE NORTHEASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 57°54'35" AN ARC LENGTH OF
68.73 FEET TO THE WEST LINE OF AN ALLEY 14.00 FEET IN WIDTH; THENCE ALONG
SAID WEST LINE SOUTH 01°05'14" WEST A DISTANCE OF 52.73 FEET TO THE POINT OF
BEGINNING.°
DATE SUBMITTED: October 12, 2004 BILL # Oz[ ~ 7),,2,-!
AGENDA BILL ~~
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Hearing and Ordinance # Committee Meeting Date: ~dpt',e,~ bet-,) 'l, ii o, ~
ti ql3 Vacating the portion of Coontz COUNCIL MEETING Date: October 20, 2004
Street lying between Callow Avenue and Department: PW&U, Engineering
Charleston Blvd. and the alley lying between Presenter: Michael C. Mecham
Coontz Street and Charleston Blvd. Phone: 473.5288
SUMMARY: The City received a petition from Kitsap Transit to vacate the portion of Coontz Street
lying between Callow Avenue and Charleston Blvd. and the alley lying between Coontz Street and
Charleston Blvd. This date has been scheduled for a public heating in accordance with state law and
the Bremerton Municipal Code for first reading on the proposed ordinance vacating the subject
property. This is a Class II tight-of-way and compensation has been paid by Kitsap Transit.
ATTACHMENTS: 1.) Ordinance # ~ qt,~ ; 2.) Site Map
FISCAL IMPACTS (Include Budgeted Amount): No Impact.
APPROVALS: · "'
DEPARTMENT DIRECTO~'
CITY ATTORNEY:
F~ANCE DI~CTOR:
MAYOR:
OPE~TIONS:
CO~CIL P~S~ENT:
~COMMENDED MOTION:
A. M~ve tn appr~vfl tho at*~o~o~ ~dinance on first rea~ing. ~ ~he pomon of C~ ...... eet
B. Move to pass Ordinance ~ q~ ~on second reading, vacating the potion of Coontz Street l~ng
between Callow Avenue and Charleston Blvd. and the alley l~ng between Coontz Street and
Ch~leston Blvd.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
ab/Agenda Bills 2004/Coontz St, Agenda Bill for Ordinance
7
ORDINANCE NO. ~/qt.~3
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, relating to the vacation of streets,
vacating a portion of Coontz Street lying between Callow Avenue
and Charleston Boulevard and the alley lying between Coontz
Street and Charleston Boulevard and further reserving easements
for utilities within the vacated area.
WHEREAS, the City received a petition to vacate a portion of Coontz Street lying
between Callow Avenue and Charleston Boulevard and the alley lying between Coontz Street
and Charleston Boulevard in the City of Bremerton, and
WHEREAS, the City passed Resolution No. ,9,'~q '~ declaring its intention to
vacate a portion of Coontz Street lying between Callow Avenue and Charleston Boulevard and
the alley lying between Coontz Street and Charleston Boulevard, which resolution also set a
hearing to take public comment or consider written objections to the vacation; and
WHEREAS, fewer than fifty percent of the property owners abutting said right-
of-way filed written objections to this action prior to the time set for public hearing heroin; and
WHEREAS, a public hearing was held with proper notice on October 20, 2004, in
the City Council Chambers of the Bremerton City Hall to take public comment or consider
written objections to the vacation; and
WHEREAS, the City Council has determined that it is in the best interest of the
public to proceed with the vacation; and
WHEREAS, the City Council finds it appropriate to reserve certain easements
within the area to be vacated; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals are incorporated as if fully set forth herein.
SECTION2. A portion of Coontz Street lying between Callow Avenue and
Charleston Boulevard and the alley lying between Coontz Street and Charleston Boulevard in the
City of Bremerton, as described in Exhibit A, which is attached and incorporated herein by this
reference, is hereby vacated to the abutting property owner ("Property Owner") including any
and all easements contained therein.
I Street Vacation -
Coontz Street
8
SECTION 3. Easements'. The granting of this vacation is subject to and
conditioned upon the following:
a. An easement is reserved for the City of Bmmerton, Public Works and Utilities
Department for construction, operation, maintenance and/or repair of City utilities over, under
and upon the entire ama vacated pursuant to this ordinance.
b. An easement is reserved for Cascade Natural Gas for operation, maintenance
and/or repair of gas lines and appurtenances over, under and upon the existing facilities within
the area vacated pursuant to this ordinance.
c. Improvements within Easement. Property Owner shall maintain the area over,
under and upon the easement in a condition so as not to interfere with the ability of the City and
other grantees of the easement(s) herein ("Grantee") from constructing, operating, maintaining
and/or repairing their utilities. Any and all improvements placed or constructed within the
easement by the Property Owner shall be at the Property Owner's sole risk and responsibility.
Property Owner shall, within thirty (30) days of request of Grantee, remove, and thereafter
replace, at Property Owners cost and expense any such improvements interfering with Grantees
ability to construct, operate maintain and/or repair its utilities. No notice is required in the event
of an emergency situation. Should Property Owner fail to remove said improvements as
requested or in the event of an emergency, Grantee may remove the improvements at the
Property Owner's cost and expense.
SECTION 4. No vested rights shall be affected by the provisions of this
ordinance.
SECTION 5. Severability. If any one or more section, subsections, or sentences
of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this ordinance and the same shall remain in full force and
effect.
SECTION 6. 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 ,2004.
PASSED by the City Council the day of ,2004.
DAREN NYGREN, Council President
Approved this day of ,2004.
CARY BOZEMAN, Mayor
2 Street Vacation -
Coontz Street
ATTEST: APPROVED AS TO FORM:
PAULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of ,2004.
EFFECTIVE the .day of ,2004.
ORDINANCE NO.
RSLEGAL\Ordinanccsh°ublic Works & Utilities\Vacation - Cooniz,doc
3 Street Vacation -
Coontz Street
EXHIBIT A
A PORTION OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 24
NORTH, RANGE 1 EAST W.M. DESCRIBED AS FOLLOWS:
THE PORTION OF COONTZ STREET (FIFTH STREET) BETWEEN THE EAST
MARGIN OF CHARLESTON BLVD. (WYCOFF AVENUE) AND WEST MARGIN OF
CALLOW AVENUE SOUTH (WASHINGTON AVENUE);
THE ALLEY BETWEEN LOTS 15 THROUGH 24 AND LOTS 25 THROUGH 33, IN
BLOCK 9;
ALL IN THE PLAT OF "CHARLETON", RECORDED IN VOLUME 2, PAGES 16 AND
17, RECORDS OF KITSAP COUNTY, WASHINGTON
1' ST STREET
BE VACATED
03,
03'
~" KITSAP
~ TRANSIT ~ "~
RODGER5 STREET
CITY OF BREMERTON EX~B~T MAP FOR
DEPARTMENT OF PUBLIC WORKS PROPOSED VACATION FOR PORTION
~ UTILITIES
~NOINEERING DIVISION OF COONTZ STREET AND ALLEY
DRAWN BY: MJW DESIGN BY: GF
DATE 9/10/02 DATE 9/10/02
DATE SUBMITTED: October 5, 2004 BILL # & c/-~:;,~.9 i.~2~--
AGENDA BILL
CITY OF BREMERTON 6 C
CITY COUNCIL
SUBJECT: ........... Public~'[;;~22"~;"~l';tTHeanng oh~ Ordinance ........ 71r~Ti][ie'~4~i[ii ;~ii:'' ~c]] i~] ~;~ ..............
amending BMC 21.22 relating to appeals of COUNCIL MEETING Date: Oct. 20 & 27, 2004
critical areas land use decisions and Department: City Attorney's Office
enforcement of violations of the critical areas Presenter: Roger A. Lubovich
code Phone: 473-2345
SUMMARY: The current provisions of BMC 21.22 relating to appeal appeals of critical areas land
use decisions and enforcement of violations of the critical areas code are outdated. The proposed
ordinance updates those provisions to obtain more efficient and effective appeal and enforcement
processing.
ATTACHMENTS:
1) Proposed ordinance
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DIRECTOR;._,. ......
CITY ATTORNEY: "'~_.5,~L_~L2}~~
F~ANCE DIRECTOR: /
OPERATIONS:q~_.~~~
COUNC P,, NT:
RECOM~NDED MOTION:
rMating ta ~pp~alq of 9ritic~ areas land use
2) I move to pass Ordinance No. ~Wq on second reading to update the provisions of the BMC
relating to appeals of critical ~eas land use decisions and enforcement of violations of the critic~
areas cod~.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
13
ORDINANCE NO. ¢~'/~/
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Sections 21.22.300 and
21.22.310 of the Bremerton Municipal Code relating to appeals of
critical areas land use decisions and enforcement of violations of
the critical areas code.
WHEREAS, the current provisions of Section 21.22.300 and 21.22.310 of the
Bremerton Municipal Code relating to appeal of critical areas land use decisions and
enforcement of violations of the critical areas code are outdated; and
WHEREAS, the City Council desires to amend the provisions relating to appeal
and enforcement provisions of the critical areas code in order to obtain more efficient and
effective appeal and enforcement processing; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTIONL The title of Chapter 21.22 entitled "Critical Lands Ordinance" is
hereby amended to read as follows:
Chapter 21.22
CRITICAL AREAS LAND£ ~P. DINANCE
SECTION2. Section 21.22.300 of the Bremerton Municipal Code entitled
"Appeals" is hereby amended to read as follows:
21.22.300 APPEALS.
An appeal ora decision regarding a critical area may be made in accordance with t-he
v ...................................... , ~o amcndcdSection 21.02.935 BMC.
SECTION3. Section 21.22.310 of the Bremerton Municipal Code entitled
"Enforcement" is hereby amended to read as follows:
21.22.310 ENFORCEMENT.
(a) No regulated activity, as defined in Section .030 hereof, shall be conducted
without a permit and without full compliance with this chapter. All activities not allowed or
conditionally approved shall be prohibited, q'~
1
Critical Areas - Appeals and Enforcement
3_4
(b) The Director shall have authority to enforce this chapter, issue delineation
verifications, permits, and violation notices, and process violations through the use of
administrative orders and/or civil and criminal actions as provided for herein. T ...... r .....
................ nt
(c) In the event of violation, the City shall have the authority to order restoration,
enhancement, or creation measures to compensate for the destroyed or degraded critical area. If
work is not completed in a reasonable time following the order, the City may implement a
process to restore or enhance the affected site. or crcateThis includes creation of new wetlands or
streams to offset loss as a result of violation in accordance with Section .270 hereof. The violator
shall be liable for all costs of such action, including administrative costs.
(d) Failure to comply with an administrative order of the director under this section
shall constitute a violation subject to enforcement pursuant to Section .320.
SECTION& A new section, Section 21.22.320 entitled "Violation-Penalty", is
hereby added to the Bremerton Municipal Code to read as follows:
21.22.320 VIOLATION-PENALTY.
(a) Any violation of any provision of this chapter constitutes a civil violation under
Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement and/or
enforcement may be required as provided therein.
(b) In addition to or as an alternative to any other penalty provided in this chapter or
by law~ any person who violates any provision of this chapter shall be guilty of a misdemeanor
pursuant to Section 1.12.020(2) BMC. Each day, or a portion thereof, during which a violation
occurs shall constitute a separate violation.
SECTION 5. SeverabiliO2. If any one or more sections, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this ordinance and the same shall remain in full
force and effect.
SECTION 6. 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 2004
PASSED by the City Council the day of ,2004
2
Critical Areas - Appeals and Enforcement
DAREN NYGREN, Council President
Approved this day of ,2004
CARY BOZEMAN, Mayor
ATTEST: APPROVED AS TO FORM:
PAULA JOHNSTON, Interim City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of ., 2004
EFFECTIVE the _day of ., 2004
ORDINANCE NO.
R:\LEGAL\Ordinances\Community Development\Critical Areas Appeal and Enfl.doc
3
Critical Areas - Appeals and Enforcement
DATE SUBMITTED: October 5, 2004 BILL # ~ - ~2~
AGENDA BILL
CITY OF BREMERTON G b
CITY COUNCIL
SUBJECT: Public Hearing on Ordinance Committee Meeting Date: Oct. 13, 2004
creating a new chapter of the Bremerton COUNCIL MEETING Date: Oct. 20 & 27, 2004
Municipal Code relating to the use of Department: City Attorney's Office
motorized wheeled transportation devices Presenter: Brett C. Vinson
within the city limits Phone: 473-2345
SUMMARY: The current provisions of the BMC do not provide provisions relating to the regulation
and use of motorized wheeled transportation devices within City limits. The proposed ordinance
creates a new BMC chapter, Chapter 10.13, entitled "Motorized Wheeled Transportation Devices"
and further amends BMC Section 6.32.010(t) relating to noise level definitions and Section 13.04.100
entitled "Riding Motor Vehicles, Non-Motorized Vehicles and Horses" to provide for motorized
wheeled transportation devices.
ATTACHMENTS:
1) Proposed Ordinance
2) Memorandum
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY: '~ '- -'tGi, -~
FINANCE DIRECTOR: ~ [6~x
FISCAL/BUDGET' f 7,/~,.~_,¢5:U'//", '_~f~;~-----,~ '
· v I;"":-~' 2-[/Z---/~.~_~- / CONSENT AGENDA []
OPERATIONS: ~L'~':~.~ii ~ ~_~..,
c o UNCILP=STDENT:
RECOMMENDED MOTION.-- 0~
1 I move to annrav~ th ~v uovd ~4 .... ~ ~ ' 'n "
~e regulation and use of motohzed wheeled tran?a~a*;Cn devices and amcndh,~
to previdz far :aid dcvlcc:.
2. I move to pass Ordinance No. ~ g/¢ on second reading creating a new BMC chapter relating to
the regulation and use of motorized wheeled transportation devices and amending other BMC sections
to provide for said devices.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
17
ORDINANCE NO. qq/~
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, creating a new chapter of the Bremerton
Municipal Code to regulate the use of motorized wheeled
transportation devices within the City by establishing a minimum
age requirement for operators, prohibiting use of motorized
wheeled transportation devices on sidewalks and in parks,
regulating use of motorized wheeled transportation devices on
streets, requiring operators to wear helmets and operate such
vehicles safely, amending the provisions of the public disturbance
noise regulations, and amending the Park code relating to
motorized wheeled transportation devices in City parks.
WHEREAS, Revised Code of Washington (RCW) 46.61.710 has authorized use
of motorized foot scooters upon the highways of the state but allowed for local jurisdictions to
limit or otherwise regulate the use of such vehicles; and
WHEREAS, citizens of Bremerton have expressed confusion over where and in
what manner motorized foot scooters and other motorized wheeled transportation devices may
lawfully be operated; and
WHEREAS, unregulated operation of motorized wheeled transportation devices
upon the City's streets and sidewalks increases risk of accidental injury to the operators of the
motorized wheeled transportation devices and injury to other vehicular or pedestrian traffic,
and/or damage to property; and
WHEREAS, shared use of sidewalks by pedestrian and motorized vehicular
traffic increases risk of injury to sidewalk users and reduces the desirability of foot traffic as an
alternative to motor vehicle use within the City, which is contrary to the City's stated policy
goals; and
WHEREAS, restricting the use of motorized vehicular traffic on sidewalks will
improve the cultural, aesthetic, and financial health of the City; and
WHEREAS, RCW 46.61.710 does not establish a minimum age or training
requirements for operation of a motorized foot scooter or other motorized wheeled transportation
devices, thereby creating great risk of injury and/or property damage caused by untrained
operators and/or youthful operators who lack sufficient judgment to safely operate a motorized
vehicle upon public streets; and
WHEREAS, RCW 46.61.7 t 0 does not make use of helmets mandatory for
operators of motorized foot scooter and other motorized wheeled transportation devices,
although the risk of serious injury for operators who do not wear a helmet is clearly at least as
great as for bicyclists who do not wear a helmet, and the City has previously found this danger
great enough to require bicyclists to wear helmets; NOW THEREFORE
1
Motorized Wheeled Transportation Devices
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION L A new chapter, Chapter 10.13, entitled "Motorized Wheeled
Transportation Devices" is hereby added to the Bremerton Municipal Code to read as follows:
Chapter 10.13
MOTORIZED WHEELED TRANSPORTATION DEVICES
10.13.010 DEFINITIONS.
The following words and phrases when used in this chapter shall, for the purpose of this
chapter, have the meanings respectively ascribed to them in this section:
(a) "Motorized wheeled transportation device" shall mean any device which is not
required to be licensed pursuant to RCW 46.16.010 and, is propelled by an electric motor or
liquid fuel engine, and is intended to transport a person on or across land. A motorized wheeled
transportation device shall include, but shall not be limited to, a "motorized foot scooter" as that
term is defined in RCW 46.04.336 and any electric or gas powered scooter, powered board,
motor powered skateboard, or other similar motorized wheeled device, regardless of the manner
in which the device is designed; provided, that a motorized wheeled transportation device shall
not include any motorized wheeled device defined as follows:
Electric-assisted bicycle - RCW 46.04.169
Electric personal assistive mobility device - RCW 46.04.1695
Motorcycle - RCW 46.04.330
Moped - RCW 46.04.304
Motor-driven cycle - RCW 46.04.332
Power wheelchair - RCW 46.04.415
Wheelchair conveyance - RCW 46.04.710
Motorized wheeled transportation device does not include any vehicle that is prohibited
by state law from being operated or used in or upon a street or sidewalk.
(b) "Park" means and includes all city parks, public squares, park drives, parkways,
boulevards, golf courses, and play and recreation grounds under the jurisdiction of the city of
Bremerton parks and recreation department.
(c) "Public place" means and includes publicly owned, leased or operated parking lots or
publicly owned, leased or operated real property, and any public places appropriated to the
public for public use, whether improved or unimproved.
(d) "Right-of-way" shall mean the entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the public for purposes of
vehicular travel and including the sidewalks and shoulder areas.
(e) "Sidewalk" means that portion of a right-of-way that excludes the street but includes
the sidewalk and shoulder area, whether improved or unimproved.
(f) "Street" means that portion of any right-of-way including any highway, avenue, lane,
road, street, drive, place, boulevard, alley, and every way or place in the City of Bremerton open
as a matter of right to public vehicular travel.
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Motorized Wheeled Transportation Devices
10.13.020 DUTY TO OBEY TRAFFIC-CONTROL DEVICES AND RULES
OF THE ROAD.
Except as provided in this chapter, every person operating a motorized wheeled
transportation device upon a street shall have the same rights and duties as operators of bicycles.
10.13.030 NEGLIGENT OPERATION - PROHIBITED.
The negligent operation of a motorized wheeled transportation device on any street shall
be prohibited. For the purposes of this section, the term "negligent" shall mean the failure to
exercise ordinary care, and is the doing of some act that a reasonably careful person would not
do under the same or similar circumstances or the failure to do something that a reasonably
careful person would do under the same or similar circumstances.
10.13.040 PROHIBITED AREAS.
The operation or use of motorized wheeled transportation devices shall not be permitted,
regardless of the age of the operator, in or upon the following areas:
(a) Sidewalks while under power, however, motorized wheeled transportation devices
are permitted in or upon public sidewalks under manual power. Manual power means that the
drive wheel is disengaged from and not propelled by the electric or liquid fuel power source (in
neutral) and that the liquid fuel source (combustion engine) is turned off.
(b) Improved or natural surface recreational trails or pathways.
(c) Parks.
(d) Public places.
(e) Streets with a maximum speed limit in excess of twenty-five (25) miles per hour.
10.13.050 PARENTAL RESPONSIBILITY.
A parent or guardian who has custody of any child or ward under the age of eighteen (18)
shall not authorize or knowingly permit any such child or ward to violate any of the provisions of
this section.
10.13.060 MINIMUM AGE AND HOURS OF OPERATION.
(a) No motorized wheeled transportation device shall be operated on any street unless
the operator is at least fourteen (14) years of age.
(b) A motorized wheeled transportation device shall not be operated on any street
between the hours of 9:00 p.m. and 7:00 a.m.
10.13.070 HELMET, REFLECTORS, LIGHTS.
The following equipment shall be required whenever a motorized wheeled transportation
device is operated on any street within the city:
(a) Helmet required. Any person operating or riding upon any motorized wheeled
transportation device shall, at all times, wear a "motorcycle helmet" as that term is defined in
RCW 46.37.530 or an approved bicycle helmet certified by the United States Consumer Product
Safety Commission (CPSC), the American National Standards Institute (ANSI), or the Snell
foundation, and such helmet shall be worn on the head and shall have the chin strap fastened
securely while the motorized wheeled transportation device is in motion.
(b) Lights and Reflectors Required. Every motorized wheeled transportation device
when in use during the "hours of darkness" as defined in RCW 46.04.200 shall be equipped with
3
Motorized Wheeled Transportation Devices
£0
a lamp on the front which shall emit a white light visible from a distance of at least five hundred
(500) feet to the front and with a red reflector or light on the rear of the motorized wheeled
transportation device visible from a distance of up to five hundred (500) feet from the rear of the
device.
10.13.080 BRAKES REQUIRED.
Motorized wheeled transportation devices shall be equipped with brakes that will enable
the operator to make the braked wheels skid on dry, level, clean pavement.
10.13.090 NOISE.
(a) The operation of a motorized wheeled transportation device shall be subject to the
provisions of BMC 6.32. 110 entitled "Public Disturbance Noises."
(b) No motorized wheeled transportation device powered by a liquid fuel motor shall
be operated unless such device is equipped with a properly working muffler that is designed to
reduce the noise produced by the device.
10.13.100 NO MORE THAN ONE PERSON PERMITTED - TOWING OR
PULLING PROHIBITED.
(a) No more than one person shall operate or ride upon a motorized wheeled
transportation device at the same time. In the event that more than one person operates or rides
upon a device at the same time, each person operating or riding the device shall be in violation of
this section.
(b) No person operating a motorized wheeled transportation device shall tow or pull
another person behind such device. In the event that a person is towed or pulled behind a
motorized wheeled transportation device, the person operating the motorized wheeled
transportation device and the person being towed or pulled shall each be in violation of this
section.
10.13.110 VIOLATION - PENALTY.
(a) Any person violating any provision of this chapter shall be guilty of a civil
infraction and shall be punished by the imposition of a monetary penalty of not more than $150,
exclusive of statutory assessments, provided, conduct that constitutes a criminal offense may be
charged as such and is subject to the maximum penalties allowed for such offenses. Community
service hours may be imposed in lieu of a monetary penalty.
(b) Bremerton Municipal Court - Jurisdiction. The Bremerton Municipal Court shall
have jursidiction to adjudicate, in accordance with applicable laws, any violation of this chapter;
provided that in the event jurisdiction over a juvenile lies with another court, that other court
shall have jurisdiction to adjudicte the offense.
SECTION2. Section 6.32.010(0 relating to noise level definitions of the
Bremerton Municipal Code is hereby amended to read as follows:
"Motor vehicle" means any vehicle which is self-propelled, used primarily for
transporting persons or property upon public highways, and required to be licensed under RCW
46.16.010 or a motorized transportation device as defined in BMC 10.13.010. (Aimraft,
watercraft, and vehicles used on rails or tracks are not motor vehicles as that term is used herein).
4
MoWrized Wheeled Transportation Devices
SECTION 3. Section 13.04.100 entitled "Riding Motor Vehicles, Non-
Motorized Vehicles and Horses" of the Bremerton Municipal Code is hereby amended to read as
follows:
13.04.100 RIDING MOTOR VEItlCLES, NON-MOTORIZED VEHICLES
AND HORSES
DELETE
(a) It is unlawful to ride or drive any bicycle, trtcycle, skateboard ......... ., ...........
vehic-~-, horse or pony over or through any park except a?,ng within and upon the park drives,
parkway, park boulevards and bicycle paths designated for such use, or at a speed in excess of
fifteen miles per hour, except as otherwise authorized by the Director of Parks and Recreation.
(b) It is unlawful to park, ride or drive any motorcycle or motor vehicle upon, over or
through any park except within and upon park drives, parkways, park boulevards, rights-of-way
or parking lots located within a park and designated for such use, except as otherwise authorized
by the Director of Parks and Recreation.
SECTION4. 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.
SECTION 5. 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 ,2004
PASSED by the City Council the day of ,2004
DAREN NYGREN, Council President
Approved this day of ,2004
CARY BOZEMAN, Mayor
ATTEST: APPROVED AS TO FORM:
PAULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of ., 2004
EFFECTIVE the day of _, 2004
ORDINANCE NO.
R:\LEGAL\Ordinances~Police~BMC Motorized foot scooters.doc
5
Motorized Wheeled Transportation Devices
22
Office of the City Attorney
Roger A. Lubovich, City Attorney
Memorandum
TO: City Council Members
From: Brett C. Vinson, Assistant City Attorney
[~e: Motorized Wheeled Transportation Devices
Oste: October 6, 2004
Revised Code of Washington (RCW) 46.61.710 has authorized the use of motorized foot
scooters but does not limit or regulate their use. The State has authorized local jurisdictions to
fill this regulation void. Because of this void, users are not required to wear helmets or obey the
rules of the road as other vehicles must. This ordinance fills that regulatory void of motorized
scooters but also regulates "pocket bikes," and motorized skateboards.
This Ordinance regulates motorized wheeled transportation devices in the following
ways:
1. Requires operators to obey the rules of the road just like bicyclists.
2. Prohibits negligent operation.
3. Prohibits operation on sidewalks ia t~e :ent?_! N~~;-d'&'Vrr~rr;,'*, on recreational trails,
in parks, on publicly owned property, and on streets with a maximum speed in excess of
25 mph.
4. Sets a minimum age of 14 years old and prohibits operation between 9:00 pm and 7:00
anl.
5. Requires helmets, reflectors, lights, brakes and mufflers.
6. Regulates noise under current city code noise provisions.
7. Sets a penalty of $150 for a violation of the provisions of this code.
Additionally, I have attached statistical information regarding motor scooters from the
United States Consumer Product Safety Commission. The statistical data covers the period of
2002 to the present, and displays injury information. The data is also broken down by age. This
statistical information is attached to this memorandum for your review. Attached as Exhibit, A.
Some of the key statistics can be summarized as follows:
,, There was a much higher rate of injury to operators of motor scooters between the
ages of 5 and 14. For example, persons between the ages of 5 and 14 suffered 286
injuries. Operators between the ages of 0 and 4 suffered 14, and operators between
the ages of 15 and 24 suffered 76.
· Most commonly injured body part was the head, face, lower arm, and knee (in the
order listed).
· The most commonly reported injuries were contusions, fractures, and lacerations (in
the order listed).
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MEMORANDUM:
Motorized wheeled tr~m,~portation device~
October 6, 2004
Page: 2
· A vast majority of those injured were treated and released by a physician.
The most common location of the incident causing injury was the street, which
probably includes sidewalks.
· Injuries most commonly occur during the months of March, April, May and June.
Note: The statistics are for "motorized scooters." Due to the federal governments use of the
term "motorized scooters" in generating the statistics, the federal statistics also captured injuries
that occurred while people were using motor scooter disability aids. Most of the injuries to those
in the older age brackets are suffered while using these disability devices. The definition in the
proposed ordinance does not regulate disability devices. Therefore, the statistics representing the
older age brackets are not relevant to our ordinance.
If you have any additional questions, please feel free to contact me.
24