HomeMy WebLinkAbout3967 SUMMARY OF ORDINANCE NO. %,~~ ~Ol~
This Ordinance sets forth a City wide uniform code of
ethics, provides for the establishment of an Ethics Commission,
penalties for violations and adds a new chapter to the Bremerton
Municipal Code.
SECTION 1: This section entitles this Ordinance the "Code
of Ethics" ordinance.
SECTION 2: This section provides the purpose of the
ordinance, which is to provide for integrity in government and
insure public confidence in the integrity of City government.
SECTION 3: This section sets forth general principles
requiring City employees to observe the spirit, as well as the
letter, of this Ordinance. In cases of uncertainty as to the
applicability of the ordinance, the employee is to consult with
his or her supervisor and the City Attorney's office.
SECTION 4: This section provides definitions of the
ordinance.
SECTION 5: This section prohibits several types of conduct.
First, City personnel are prohibited from using-their office for
private purposes. Personnel are prohibited from contracting with
businesses where they have an interest, either directly or
iadirectly. Second, persons are prohibited from offering or
giving anything of value to City personnel for an understanding
that future conduct will be affected by the gift. Personnel are
also prohibited from soliciting or accepting anything of value
based upon an agreement to benefit in the future. No gifts, in
any form whatsoever, are allowed to be accepted except where they
have an insignificant or nominal value. Gifts of significant
value can only be accepted where refusal would result in
embarrassment to the City or violate customs or policies of the
donor. In this situation the gifts are to be turned into the
City Clerk and become City property. Third, personnel and
candidates are prohibited from soliciting political contributions
from City personnel, except where the candidate is a member of
the immediate family of the person. Personnel are prohibited
from using their position in the City to induce or coerce any
other person to provide support to a candidate for a political
office. Fourth, City personnel are prohibited from accepting a
compensation for assisting persons to present a matter before the
City. Fifth, City personnel are prohibited from accepting any
compensation other than their salary with the City for doing
their job. Sixth, personnel are prohibited from disclosing
confidential information or inside information for one (1) year
after leaving employment with the City unless that information is
public record. Seventh, City equipment may not be used for any
private purpose. Eighth, City Councilmen are prohibited from
engaging in any ex parte contacts with persons who have, or will
have, pending before the Council any quasi-judicial hearing such
as the granting of a license or a rezone. Ninth, City personnel
are prohibited from using their official influence to effect a
revaluation of property in which they have an interest. In the
event a City employee appears at a public hearing in support of a
measure, they must disclose the nature of their interest before
presenting information in support of the measure. Tenth,
reprisals against persons reporting a potential violation of this
Ordinance are prohibited. Eleventh, a breach of confidentiality
in handling of a matter covered by this Ordinance is a violation.
Twelfth, actions which coerce or induce another to violate the
provisions of this Ordinance are prohibited. Thirteenth, filing
a false report under this Ordinance is prohibited. Fourteenth,
City personnel are required to notify their supervisor when they
are aware of an action which violates the provisions of this
Ordinance.
SECTION 6: This section sets forth an Ethics Commission
constituted of members appointed by both the Mayor and Council.
One member of the Commission is required to be an attorney.
Members are prohibited from holding or campaigning for political
office or being an officer of any political party. Members are
prohibited from making contributions or using their name in City
political campaigns. Members are also prohibited from being a
lobbyist or being an employee of the City. Commission members
are to serve three (3) year terms, which terms will be staggered
after initial appointment. Four (4) members of the Commission
constitute a quorum. A vote of three (3) members is required for
any action of the Co~nission. Finally, the Commission is
empowered to act as a primary investigative officer on violations
of the provisions of this Ordinance, preserve all files and
records of the Commission, and members of the Commission are
subject to removal by the Mayor and Council.
SECTION 7: This section sets forth the criteria required in
a complaint under this Ordinance to the Hearing Examiner. It
further requires the Hearing Examiner to conduct an investigation
of the allegations. If the Hearing Examiner finds that there is
no probable cause to believe that a violation has occurred, he is
required to notify the complainants, prepare and file Findings
and Conclusions on the complaint, and take no further action.
This section also allows the complainant to appeal the
determination of the Hearing Examiner to the Commission. Within
ten (10) days after receipt of the Examiner's decision, the
Commission then has the power to overrule the Hearing Examiner,
if appropriate. This section also provides that the Hearing
Examiner is to certify matters to the Commission where he or she
finds that there is probable cause to believe that a violation
has occurred. Upon receipt of a finding of probable cause the
Commission may either refer the matter to the appropriate law
enforcement personnel or retain the matter for its own formal
investigation. The Commission is required to notify the
complainant in the event it would like to pursue an investigation.
Respondents are allowed to have hearings open to the public, at
their request. Commission hearings will be informal, although
the Commission is given broad powers to question witnesses,
subpoena records and take testimony under oath. The Commission
is required to prepare a record of the proceedings and within
thirty (30) days after conclusion of the hearing, prepare
Findings, Conclusions and an Order for both the complainant and
respondent. Appeals from the Ethics Commission are contained in
the ordinance and this section also provides for enforcement of
orders.
SECTION 8: This section provides for confidentiality of all
matters before the Hearing Examiner and Commission.
SECTION 9: This section allows for free access to all City
records for both the Hearing Examiner and Commission.
SECTION 10: This section sets forth a limitation of one (1)
year on activity for which complaints will be received.
SECTION 11: This section sets forth civil penalties and
other sanctions preserved by this Ordinance.
(1) Whenever the Commission determines that a violation of
any provision of this Ordinance has occurred, it may issue an
order to the violator to comply with any or more of the following
requirements:
a) To cease and desist violation of this Chapter;
b) To file any reports or other documents or
information required by this Chapter;
c) To pay a civil penalty of not more than Five Hundred
Dollars ($500.00), or an amount not exceeding three (3) times the
economic value of anything received or sought in violation of
this Chapter, whichever is greater;
d) To pay any damages sustained by the City which are
caused by the conduct constituting the violation; or
e) To pay a civil penalty of Ten Dollars ($10.00) per
day for each day that a properly completed statement or report
required by B.M.C. 6.01.040 has not been filed within the time
required, up to a maximum of Two Hundred Fifty Dollars ($250.00).
{2) Violators shall be subject to the penalties as set forth
in this Code of Ethics, but may be subject to other liabilities
to the extent that their conduct violates other provisions of the
law including, without limitation, RCW 9A.68.010-050 (Bribery and
Corrupt Influence) and RCW 9A. 80.010 (Abuse of Office), and to
such extent criminal penalties shall be imposed in accordance
with state law.
3) In adition to the above sanctions, should the complainant
violate the confidentiality provisions of B.M.C. 6.01.030(10),
the Ethics Commission shall forthwith order dismissal of the
complainant.
4) Any sanction imposed under this Chapter is in addition
to, and not in lieu of, any other penalty or sanction that may be
imposed according to law or equity including removal or recall
from office, employee disciplinary action, or injunctive relief
to insure that any violation of this Chapter cease and desist
and/or that any statement or other information required by this
Code of Ethics be filed.
SECTION 12: Criminal Penalties:
1) A misdemeanor, as used in this Section, is punishable by
imprisonment in the City jail for not more than ninety (90) days,
or by a fine of not more than Two Hundred Fifty Dollars
($250.00), or by both.
2) Any person or Bremerton City personnel who knowingly
violates any provision of Subsections 3(c), 10 and/or 12 of
B.M.C. 22.01.030 (Ethical Standards and Prohibited Practices
Enumerated) shall be guilty of a misdemeanor.
SECTION 13: This section requires elected and appointed
officials to distribute the Code of Ethics to each employee under
his authority within ninety (90) days after adoption. The
Personnel Office is responsible for maintaining a list of the
documen'ts showing employee review.
SECTION 14: This section sets forth a one (1) year statute
of limitations on criminal actions.
SECTION 15: This section provides that if any section of
the ordinance is invalid, the entire ordinance will not be
invalid.
Any person desiring the full text of the foregoing Ordinance
may so request from the City Clerk and it shall be provided
without charge.
_/. APPROVED by the City Council on the first reading on
ASSED by the City Council of the City of Bremerton, signed
by the Mayor and attested to by the City Clerk in authentication
o~ such passage on/~,/~ ~ , 1985.
----- MORRIE DAWKINS, Mayor
KATHLEEN L. MCCLUSKEY, City Clerk
Director of Administrative Services
NO.
AN ORDINANCE creating a code of ethics,
requiring disclosure of financial interests,
establishing an ethics commission, providing
for criminal and civil sanctions and
penalties for violations, and adding a
new chapter to the Bremerton Municipal Code.
THE CITY COUNCIL OF THE CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1: (B.M.C. 22.01.010) This Chapter shall be
entitled the "Code of Ethics," and is added to the Bremerton
Municipal Code as it is in the best interests of the citizens of
the City of Bremerton to adopt this Code to aide and insure
integrity in City government.
Section 2: (B.M.C. 22.01.020) Purpose: The Bremerton
City Council recognizes the need for integrity in government and
recognizes that the people of Bremerton consider governmental
service to be a public trust. Accordingly, high ethical
standards must be maintained by all persons involved in local
government. Further, public confidence in the integrity of City
officials and employees must be furthered. Finally, City
government must assist City officials and employees in
determining proper ethical actions in various situations. It is
the purpose of this Ordinance to establish ethical standards of
conduct for all officials and employees of the City, and for all
people dealing with Bremerton City government. This Ordinance is
not to be construed so as to impair the ability of City officials
and employees to participate in ceremonial, representational or
informational functions in the pursuit of their official duties.
This Ordinance shall be liberally construed in favor of
protecting the public's interest in full disclosure of conflicts
of interest and promoting ethical standards of conduct for City
officials, employees and persons dealing with Bremerton City
government.
Section 3: (B.M.C. 22.01.030) General Principles:
Each employee of the City of Bremerton is obligated to act
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honestly and in good faith for the best interests of the City.
In varying situations and degrees, personal interest or
activities of an employee will affect the City and may involve
some conflict with interest of the City. This Ordinance is
intended to furnish guidelines and some rules for resolving
problems of this kind.
Every City employee is expected to observe the spirit,
as well as the letter, of this Ordinance. He or she should be
continually alert to potential conflicts of interest and should
scrupulously examine any situation in which a personal benefit or
gain will arise from knowledge acquired in conducting business of
the City or from relationships with members of the public dealing
with the City.
In some cases, personal activities or interest of a
City employee may have some connection with City activities or
interest, but involve no conflict. In some cases a conflict of
interest may exist, but is one of insignificant or very small
proportions. It is recognized that situations of this kind will
arise and, with certain special exceptions, no attempt is made to
prohibit them. On the other hand, personal activities or
interest of a City employee may involve significant conflict with
the activities or interest of the City. In some cases there may
be no actual or significant conflict, but that appearance of
conflict may exist. These various situations either should be
avoided or dealt with under special procedures. The special
procedures ordinarily will be to report the problem to the
appropriate supervisory personnel or to the board set up pursuant
to this Ordinance and secure a determination of a course of
conduct consistent with the principles enumerated herein.
Appropriate conduct for City employees in many situations will be
indicated by the rules and guidelines herein set forth. Doubt
may still exist in some situations. In case of doubt, the best
rule to follow is to report the situation to the City Attorney
for further advice.
Section 4: (B.M.C. 22.01.040) Definitions: The
following words and phrases as used in this Chapter shall, unless
the context clearly indicates otherwise, have the meanings as
follows:
1) "Anything of value" means any real or personal
property of any kind or the voluntary rendition of services of
any kind or the promise of future employment or personal benefit
~orther or not such items are in the form of a gift, loan,
political contribution or award, but shall not include the
following:
a) Informational material transferred for the
purpose of informing the recipient about matters pertaining to
official city business and the nature of which is not to
financially benefit the recipient;
b) Any symbolic presentation the nature of which
is not to financially benefit the recipient;
c) Any reasonable hosting, including travel
expenses, entertainment, meals or refreshments furnished in
connection with appearances, ceremonies and occasions reasonably
relating to official city business;
d) Any honorarium as defined herein; or
e) Relatively inexpensive items of personal
property such as a box of candy or a bouquet of flowers which are
given as a simple act of human kindness, thoughtfulness and
appreciation.
2) "Business" means any corporation, partnership, sole
proprietorship, firm, enterprise, franchise, association,
organization, self-employed individual, consultant, holding
company, joint stock company, receivership, trust or any legal
entity organized for profit.
3) "Business with which an individual is associated"
means any business in which the person or a member of the
person's immediate family:
a) Is a director, officer, partner, employee, or
b) Knowingly owns, directly or indirectly, an
interest (1) that exceeds one-tenth of one percent of the
outstanding stock of all categories if said business is
incorporated, or (2) that exceeds one percent of the net worth of
an unincorporated business, or (3) that exceeds one percent of
all debt obligations of said business, incorporated or
unincorporated, or
c) Attributes five percent (5%) or more of the net
worth of said individual to ownership of a financial interest in
said business.
4) "Candidate" means any individual who seeks election
to public office. Pursuant to R.C.W. 42.17.020 an individual
shall be deemed to seek election when he first:
a) Receives contributions or makes expenditures or
reserves space or facilities with intent to promote his candicacy
for office; or
b) Announces publicly or files for office.
5) "Compensation" means payment in any form for real
or personal property or services of any kind, unless the context
requires a narrower meaning.
6) "Complainant" means any person filing a complaint
of a violation of the Code as set forth in B.M.C. 22.01.070.
7) "Confidential information" means information exempt
from public inspection and copying pursuant to R.C.W. 42.17.310,
and information required under B.M.C. 22.030.030 and 22.01.070.
8) "De minimus" means small, slight or trifling.
9) "Elected or Appointed Official" means any person
elected at a general or special election to any executive,
legislative or judicial city office and any person who is
appointed to fill an elective City of Bremerton office, or who is
appointed by the Mayor or Council to a position of authority.
10) "Ethics Commission" or "Commission" means the
Commission established by B.M.C. Section 22.01.060 of this
Chapter.
11) "Governmental body" means any department, office,
commission, council, board, administration or other establishment
in the administrative, legislative or judicial branch of
Bremerton city government over which Bremerton government may
lawfully exercise ts jurisdiction, or officially appoint
representatives or members.
12) "Hearing Officer" means that person designated in
B.M.C. Sections 22.01.055 and 22.01.070 herein as the proper
person to receive complaints of violations of this Ethics Code
and to make an initial review of such complaints for the purposes
and in the manner as set forth herein.
13) "Immediate family" means spouse (unless a legal
separation exists), dependents, and any other individuals
residing in the person's household.
14) "Honorarium" means reimbursement for expenses in
connection with speeches, lectures, etc., that could not
reasonably be construed as given to influence the conduct of the
official with relation to official matters.
15) "Person" means any individual, business, union,
committee, club or other entity however constituted, organized or
designated, including, without limitation, any political,
educational, religious or charitable association or group.
16) "Bremerton City Employee" means any individual who
is responsible for taking or recommending Bremerton official
action of a nonministerial nature with regard to:
a) Contracting or procurement;
b) Administering or monitoring grants or
subsidies;
c) Planning or zoning;
d) Inspecting, licensing, regulating or auditing
any person;
e) Any other activity where the official action
has an economic impact of greater than a de minimus nature on the
interests of any person.
"Bremerton City Employee" shall not include individuals who
render services at public expense by court appointment.
17) "Bremerton City Personnel" means any employee or
elected or appointed official of the City of Bremerton.
18) "Political contribution" means any advance,
conveyance, distribution, transfer of funds or anything of value,
including personal and professional services for less than full
consideration, loan, payment, pledge, forgiveness of
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indebtedness, forebearance, gift, deposit, subscription or
purchase of a ticket to a testimonial or similar fund-raising
affair in connection with a political campaign and any agreement
or other obligation to make a political contribution.
19) "Respondent" means any person who is named by a
complainant as allegedly violating this Code.
Section 5: (B.M.C. 22.01.050) Ethical Standards and
Prohibited Practices Enumerated:
1) No Bremerton City personnel shall, except for
compensation as provided by law, use his or her office or any
confidential information received thereby for private purposes
including, without limitation: commercial purposes, financial
gain, or present or future employment. Further, City personnel
shall not do indirectly what is prohibited from being done
directly. For example, arrange to have a gift made to another
member of his family or engage in prohibited transactions through
an intermediary. Private purposes are defined as those
activities which involve a conflict of interest with the City of
Bremerton or the appearance of a conflict of interest with the
City. In addition to conflicts of interest, any private purpose
which could reasonably injure the City of Bremerton either by way
of monetary loss or by injury or damage to the good name or
reputation of the City, are prohibited; provided, however, that
the City Council may, by resolution and when it deems it to be in
the best interests of the City, authorize the Mayor to sign a
legal document causing the City to enter into a legal transaction
with a business with which the Bremerton City personnal or a
member of his or her immediate family is associated.
2) a) No person shall offer or give anything of value
to Bremerton City personnel, members of their immediate family or
business with which they are associated or to any candidate for
elected Bremerton City office, member of his or her immediate
family or business with which he is associated based on any
agreement or understanding that the vote or official action of
any Bremerton City personnel or any candidate for elected
Bremerton City office would be determined thereby.
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b) No Bremerton City personnel or candidate for
elected Bremerton City office shall solicit or accept anything of
value based on any agreement or understanding that the vote or
official action of any Bremerton City personnel or any candidate
foc elected Bremerton office would be determined thereby.
c) No Bremerton City personnel or candidate for
elected Bremerton City office shall be allowed to accept a gift
from any other person under the following circumstances:
i. Where the gift is being offered to the
Bremerton City personnel or candidate as a result
of the position which he or she holds or is seeking
to hold with the City of Bremerton.
ii. Notwithstanding other provisions of this
Ordinance, Bremerton City personnel and/or
candidates for elected Bremerton City office may
accept gifts which have insignificant value and
are incidental to normal social contacts. Examples
of such gifts would include, but not be limited to,
certificates of appreciation, plaques, trophies,
and other objects which provide a medium for an
expression of appreciation.
d) Gifts of significant value shall not be
accepted when they are being given to an individual as opposed to
the City. In circumstances where refusal to accept a personal
gift of significant value will result in embarrassment to the
City or violate customs and policies of the donor, the item can
be accepted provided that it immediately be turned over to the
custody of the City Clerk, as City property and be used for the
purpose of display on behalf of the City. Gifts to Bremerton
City personnel and/or candidates for elected Bremerton City
office represented by expense paid pleasure trips, entertainment
and meals or use of vacation facilities, automobiles, boats or
the like may not be accepted.
e) Provisions of this Ordinance regarding gifts
applies not only to present gifts but also includes gifts
designed to take effect in the future after the Bremerton City
personnel or candidate has left active employment with the City.
3) a) No Bremerton City personnel or candidate for
elected Bremerton City office shall knowingly solicit or
encourage, directly or indirectly, any political contribution
from any Bremerton City personnel. City elected officials are
exempt from this provision (i.e., being solicited).
b) Section a) above shall not apply to
contributions by the Bremerton City personnel who are members of
the i~nediate family of the elected official or candidate.
Nothing in this section shall prevent an employee from fully
exercising those rights to participate in political activities
granted by the provisions of RCW 41.06.250.
c) No Bremerton City personnel or candidate for
Bremerton City office shall use the power or authority of his or
her office or position and/or the prospect of future office or
position in a manner intended to induce or coerce any other
person to provide, directly or indirectly, anything of value to
said personnel, candidate or any other person, other than that
which results naturally from the lawful and proper performance of
one's official duties.
4) No Bremerton City personnel shall accept anything
of value, other than compensation as provided by law, for
assisting any person to present a matter to a governmental body,
or to any other Bremerton City personnel.
5) No Bremerton City personnel shall accept anything
of value, other than compensation provided by law, for rendering
the services for which he or she is legally compensated.
6) No former Bremerton City personnel shall, during
the period of one (1) year after leaving City office or
employment, disclose or use any informa%ion gained by reason of
his/her City employment to obtain anything of value for himself
or for any other person unless the information is a matter of
public knowledge or is available to the public on request.
7) No person and no Bremerton City personnel shall:
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a) Use, request, or permit the use of City motor
vehicles, equipment, materials, or property, except in the
conduct of official business.
b) Use, request, or permit the use of City
employee services during City time except in the conduct of
official business.
8) Members of the City Council and Planning Commission
are prohibited from engaging in ex parte contacts with persons
who have a financial interest, directly or indirectly, in matters
which are quasi-judicial in nature and pending for hearing before
the Council or Planning Commission. In addition, where Council
members or Planning Commission members have had ex parte contacts
with persons who have a direct or indirect financial interest in
a matter which was not pending before the City Council or
Planning Commission at the time of the ex parte contact must
inform the City Council or Planning Commission of the contact
with that person and remove him or herself from the hearing
concerning the subject matter of that contact.
9) No Bremerton City personnel shall use his or her
official influence to affect an illegal revaluation of any
property in which he or she, the immediate family or a business
with which he or she is associated has an interest, except
through a lawful appearance at a regularly constituted public
hearing. Further, no Bremerton City personnel shall use his or
her official influence in the form of lobbying for a revaluation
of property in which he or she is interested outside the hearing
process. In the event that Bremerton City personnel appear at a
regularly constituted public hearing in support of a measure
which would cause a revaluation of property in which they have an
interest, they shall be required to disclose the interests prior
to presenting information in support of the measure.
10) No person and no Bremerton City personnel shall
engage in or aid and abet any act or reprisal against any person
as a consequence of that person's having made a report of
violation to the Hearing Officer. Institution of formal court
proceedings shall not be considered an act of reprisal.
(11) No person and no Bremerton City personnel shall commit
or allow any breach of confidentiality as required by this Code of Ethics
in connection with any report or investigation of a violation.
(12) No person and no Bremerton City personnel shall knowingly
and intentionally induce or coerce or attempt to induce or coerce anyone
to violate any provision of this Code of Ethics.
(13) No person and no Bremerton City personnel shall knowingly
file a false charge or report of violation of this Code of Ethics with
the Hearing Officer.
For purposes of this subsection, every unqualified state-
ment of that which one does not know to be true is equivalent to a state-
ment of that which he or she knows to be false.
(14) All Bremerton City personnel are required, under the terms
of this Ordinance, to notify their immediate supervisory whenever they are
aware of an action or contemplated action by other Bremerton City personnel
which may violate the provisions of this Ordinance.
Section 6: (B.M.C. 22.01.060) Ethics Commission:
(1) There is established an "Ethics Commission" composed of
five (5) members. Two members of this Commission shall be appointed by the
Mayor. Two members shall be appointed by the Ctiy Council. These Four (4)
members shall appoint a fifth member and shall serve without pay.
(2) At least one (1) member of the Commission shall be licensed
to practice law in the State of Washington, and all members shall be registered
voters in the City of Bremerton.
(3) The Council appointees shall be designated as Position #1
and #3. The Mayoral positions shall be designated as Position #2 and #4.
Position #5, which is the position chosen by the other four Commissioners,
shall initially serve for one (1) year. Positions #1 and #3, #2 and #4 shall
serve for two (2) and three (3) years, respectively. The original member shall
be
- 10-
appointed within sixty (60) days after adoption of this Ordinance.
Thereafter, each member shall serve a term of three (3) years.
4) No member of the Commission, during his or her
tenure, shall:
a) Hold or campaign for elective office;
b) Be an officer of any political party or
political committee;
c) Make contributions, or permit his or her name
to be used in support of, or in opposition to, any candidate for
city office;
d) Lobby or employ or assist a lobbyist.
e) Be an employee of the City of Bremerton or be
performing any contracts with the City of Bremerton.
5) No person shall be eligible for appointment to more
than one (1) three-year term, except as provided in subsection
(6) below.
6) An individual appointed to fill a vacancy occurring
other than by the expiration of a term of office shall be
appointed for the unexpired term of the member he succeeds, but
shall be eligible for appointment to one full three-year term
thereafter only if one (1) year or less remains in the term he is
appointed to fill. Any vacancy occurring on the Commission shall
be filled within sixty (60) days in the manner in which that
position was originally filled. A vacancy shall not impair the
powers of the remaining members to exercise all the powers of the
Commission.
7) The Commission may select a presiding officer in
the manner it deems appropriate.
8) Four members of the Commission shall constitute a
quorum and a vote of three members is required for any action or
recommendation of the Commission. The Commission shall meet as
frequently as it deems necessary, provided that ten days advance
written notice is mailed to each Commission member and to any
person who has filed a request to be notified of such meetings.
9) In addition to other duties prescribed by the Code
of Ethics, the Commission shall:
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a) Following a determination of probable cause by
the Rearing Officer, act as the primary investigative body ~or
violations of the provisions of this ordinance;
b) Preserve all files, statements, correspondence
and records of proceedings for a period of seven years.
10) When, in the judgment of the Mayor, a member of the
Ethics Commission has violated any provision of this Ethics Code
or other law or has engaged in any of the activities prohibited
in subsection (4) above, the Mayor may recommend that said member
shall, by order of the Council, be removed from the Co~m/ission, a
vacancy declared and a new member appointed as provided in
subsection (6) above. Further, the Council as a whole may, by a
two-thirds (2/3) vote, remove a member of the Ethics Commission.
Section 7. (B.M.C. 22.01.070) Enforcement Procedures:
1) Any person who has personal knowledge of a
violation of this Ethics Code may file a complaint of said
violation with the Hearing Officer. Complaints shall be
submitted on a form prepared by the Ethics Conuuission and shall
be delivered to the Hearing Officer at a location to be
determined by the Hearing Officer in a sealed blank envelope.
Complaints shall include, but not be limited to, the following:
a) Identity of complainant;
b) Identity of alleged Ethics Code violator;
c) Detailed description of activity constituting
violation including dates and locations of violations;
d) Section of Ethics Code believed to be violated;
e) Identity of other persons with knowledge
regarding alleged violation; if known;
f) Sworn statement by complainant that all
information contained in complaint is based on personal
knowledge;
g) Sworn promise by complainant to maintain
confidentiality regarding fact that complaint has been filed
and/or the contents thereof unless and until such time as the
Ethics Commission finds that a violation of the Ethics Code did
occur.
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h) Written acknowledgement by complainant that he
or she has been informed that the breach of his or her promise of
confidentiality is in itself a violation of the Ethics Code and
will subject the complainant to both the criminal and civil
penalties as set forth herein.
2) Upon receipt of the above-described complaint, the
Hearing Officer shall conduct such investigation of the
allegations contained therein as he or she deems necessary and
appropriate in order to make an initial determination as to
whether probable cause exists to believe that a violation of this
Ethics Code has occurred.
3) If the Hearing Officer is satisfied that there is
no probable cause to believe that a violation of this Ethics Code
has occurred, he or she shall:
a) So notify the complainant and the subject of
the complaint;
b) Prepare written findings and conclusions
regarding the complaint stating the factual basis for said
findings and the legal basis for said conclusions;
c) File said findings, conclusions and a notice of
no probable cause with the Ethics Commission;
d) If he or she believes a criminal act of a type
not covered by the Ethics Code was committed~ submit his or her
file to the appropriate law enforcement authorities;
e) Take no further action other than as specified
above and maintain confidentiality regarding his or her
investigation.
4) In the event complainant believes that the Hearing
Officer did not fairly and impartially review his or her
complaint prior to determining no probable cause, complainant may
file a request for reconsideration with the Chair of the
Commission. An affidavit containing a sworn statement made under
oath that the Hearing Officer did not make a fair and impartial
review because of reasons of conflict of interest, bias or
prejudice must be attached to the request for reconsideration.
13
a) The affidavit must set forth facts and reasons
for the belief that the conflict of interest, bias or prejudice
exists.
b) The affidavit shall be filed no more than ten
(10) days after complainant receives notice of the Hearing
Officer's original finding of no probable cause.
c) The Chair shall rule on the adequacy of the
affidavit prior to referring the affidavit to the Commission.
The Commission shall then review the original complaint, the
affidavit, any other written materials which were considered by
the Hearing Officer, and the Hearing Officer's findings and
conclusions, to determine if probable cause exists. If four (4)
Commission members find that probable cause does exist, the
Commission shall:
(1) Prepare and file its own written findings
and conclusions;
(2) Proceed as set forth in B.M.C. Section
22.01.070(6) herein.
d) Should it appear to the satisfaction of four
(4) members of the Commission at any time that any of the
affidavits presented to it pursuant to this section are presented
in bad faith or solely for the purpose of harassing a respondent
or prolonging the investigation, the Commission shall order the
complainant submitting them to pay to the Commission and the
respondent the amount of reasonable expenses which the filing of
the affidavit caused it to incur, including reasonable attorneys
fees, and shall declare no violation has occurred.
5) If the Hearing Officer finds probable cause to
believe an Ethics Code violation has occurred, he or she shall:
a) Prepare written findings and conclusions
regarding the complaint stating the factual basis for said
findings and the legal basis for said conclusions;
b) File said findings and conclusions and a notice
of probable cause with the Ethics Commission;
14
c) If he believes a criminal act of a type not
covered by the Ethics Code was committed, submit his file to the
appropriate law enforcement authorities;
d) Take no further action other than as specified
above and maintain confidentiality regarding the complaint, the
investigation and findings.
6) Except as set forth herein, the Hearing Officer and
the Commission shall keep in strict confidentiality the fact that
a complaint has been received, the contents of the complaint, the
identity of the party making the complaint, the results of the
investigation and the Hearing Officer's findings and conclusions.
7) Upon receipt of the Hearing Officer's findings of
probable cause, the Commission may choose between the two courses
of action as follows:
a) Refer the matter to the office of the City
Attorney for criminal prosecution; provided that, upon a
determination that the proof beyond a reasonable doubt necessary
for criminal conviction is not available, the City Attorney may
refer the matter back to the Commission for proceedings
consistent with the civil burden of proof; e.g., a simple
preponderance of the evidence, or
b) Retain the matter for its own formal
investigation with a view toward the ultimate imposition of a
civil penalty or penalties in the event it is determined an
actual violation has occurred.
8) Should the Commission decide to retain the matter
for its own formal investigation pursuant to subsection (6), part
(b) above, the Commission shall notify, in writing, the
complainant, and the respondent, of its decision to pursue a
formal investigation by way of holding a hearing to determine if
a violation has occurred.
9) Respondents shall be informed as to their rights to
have the hearing either open or closed to the public. All
hearings shall be closed to the public unless the respondent
submits a written request that the hearing be open.
15
10) a) Hearings conducted by the Commission shall be
informal with technical rules of evidence not applying to the
proceedings except the rules of privilege recognized by law. The
respondent may be represented by legal counsel and/or by his or
her bargaining representative and may present and cross examine
witnesses and give evidence before the Commission. The
Commission may call witnesses on its own motion and compel the
production of books, records, papers or other evidence needed.
To that end the Ethics Commission shall issue subpoenas and
subpoenas duces tecum at the request of the Commission or the
person complained against. All testimony shall be under oath
administered by a member of the Commission. The Con~nission may
adjourn its hearing from time to time in order to allow for the
orderly presentation of evidence.
b) Upon motion of respondent or upon its own
motion, the Commission may temporarily stay or permanently
suspend its investigation when, in its informed discretion, the
manifest needs of justice and fairness will be better served
thereby.
c) The Commission shall prepare an official record
of the hearing, including all testimony which shall be recorded
manually or by mechanical device, and exhibits; provided, the
Commission shall not be required to transcribe such records
unless an individual entitled to knowledge of the contents of the
record presents a requst accompanied by payment of the cost of
transcription.
11) Within thirty (30) days after the conclusion of the
hearing, the Commission shall, based upon a preponderance of the
evidence, make and fully record in its permanent records,
findings of fact, conclusions of law, and an order containing the
final disposition including where appropriate the civil
sanctions(s) imposed. A copy of the findings, conclusions and
order shall be forwarded by registered mail to the complainant
and to the respondent at addresses provided by both persons to
the Commission.
16
12) Any person found, by final written order of the
Commission, to be in violation of this Code of Ethics may appeal
the Commission's decision in the manner and form as provided by
State law.
13) If no appeal is perfected within the thirty (30)
days following the date of the Commission's final order, and
voluntary compliance with the order does not occur, the City
Attorney shall petition in Superior Court for enforcement of the
Commission's order in a manner patterned after that which is
currently provided for enforcement of orders entered by the State
Public Disclosure Commission in R.C.W. 42.17.397 (Laws of
Washington, 1975-76 2d Ex. S.C. 112-13).
Section 8: (B.M.C. 22.01.080) Confidentiality: Any
activity performed by the Rearing Examiner or the Ethics
Commission shall be kept in strict confidence. However, at the
time the Commission renders a written decision upon conclusion of
its investigation, copies of the decision shall be delivered to
the Mayor and all members of the Bremerton City Council. Such
opinion may also be released to the public at the discretion of
the Commission with such omissions as may be necessary to protect
the confiaence and privacy of City officers and/or employees.
Section 9: (B.M.C. 22.01.090) Access to City Records:
The Hearing Examiner and the Ethics Commission shall be provided
free access to all City records with the exception of those
privileged records in the custody and control of the City
Auditor, the City Attorney and Police Department, Internal
Affairs Investigator.
Section 10: (B.M.C. 22.01.100) Limitation Upon
Investigation: No complaint shall be considered by the Hearing
Examiner or the Ethics Commission for alleged conduct in
violation of the provisions of this Ordinance which occurred more
than one (1) year prior to the filing of the Complaint.
Section 11: (B.M.C. 22.01.110) Civil Penalties - Other
Sanctions Preserved:
1) Whenever the Commission determines that a violation
of any provision of this Code has occurred, it may issue an order
17
to the violator to comply with any one or more of the following
requirements:
a) To cease and desist violation of this Chapter;
b) To file any reports or other documents or
information required by this Chapter;
c) To pay a civil penalty of not more than five
hundred dollars ($500.00), or an amount not exceeding three (3)
times the economic value of anything received or sought in
violation of this Chapter, whichever is greater;
d) To pay any damages sustained by the City which
are caused by the conduct constituting the violation; or
e) To pay a civil penalty of ten dollars ($10.00)
per day for each day that a properly completed statement or
report required by B.M.C. 6.01.040 has no't been filed within the
time required, up to a maximum of two hundred fifty dollars
($250.00).
2) Violators shall be subject to the penalties as set
forth in this Code of Ethics, but may be subject to other
liabilities to the extent that their conduct violates other
provisions of the law, including without limitation, R.C.W.
9A.68.010-050 (Bribery and Corrupt Influence) and R.C.W.
9A.80.010 (Abuse of Office), and to such extent criminal
penalties shall be imposed in accordance with state law.
3) In addition to the above sanctions, should the
Complainant violate the confidentiality provisions of B.M.C.
6.01.030(10), the Ethics Commission shall forthwith order
dismissal of the complaint.
4) Any sanction imposed under 'this Chapter is in
addition to and not in lieu of any other penalty or sanction that
may be imposed according to law or equity, including removal or
recall from office~ employee disciplinary action, or injunctive
relief to ensure that any violation of this Chapter cease and
desist and/or that any statement or other information required by
this Code of Ethics be filed.
Section 12: (B.M.C. 22.01.120) Criminal Penalties:
18
1) A misdemeanor, as used in this section, is
punishable by imprisonment in the City jail for not more than
ninety (90) days, or by a fine of not more than two hundred fifty
dollars ($250.00), or by both.
2) Any person or Bremerton City personnel who
knowingly violates any provision of subsections 3(c), 10 and/or
12 of B.M.C. 22.01.030 (Ethical Standards and Prohibited
Practices Enumberated) shall be guilty of a misdemeanor.
Section 13: (B.M.C. 22.01.130) Miscellaneous
Administrative Provisions:
It shall be the responsibility of all elected or
appointed officials to distribute this Code of Ethics Ordinance
to each employee or Commission member under their official
authority or jurisdiction. Distribution must be made within
sixty (60) days of its effective date. The Personnel Department
shall assure that all employees have initialed a list or roster
acknowledging that they have received and understand the Code of
Ethics Ordinance requirements; this shall be accomplished within
ninety (90) days of its effective date. The lists shall be
maintained as public documents. After the initial notification
to City personnel thereafter, on an annual basis, all City
employees shall be re-advised of the contents of the Ordinance
and shall so acknowledge by initial on a roster to be retained in
the Personnel office. The responsibility of distributing the
Code of Ethics Ordinance shall be continuous, requiring present
and future elected officials to distribute up-to-date copies of to
all new ~ployees and to require written indication of receipt of
such copies.
Section 14: (B.M.C. 22.01.140) Limitation on Actions:
Prosecutions for misdemeanors as set forth in this Code
of Ethics must be commenced within one (1) year after the date
when the violation occurred.
Any other action brought under the provisions of this
Ethics Code must be commenced within two (2) years after the date
when the violation occurred. For purposes of this limitation,
19
the filing of a complaint with the Hearing Officer shall be
deemed to have "commenced" an action.
Section 15: (B.M.C. 22.01.150) Severability:
1) If any section, subsection, paragraph, sentence,
clause or phrase of this Chapter is for any reason held to be
invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of this Chapter; it
is being hereby expressly declared that this Chapter and each
section, subsection, paragraph, sentence, clause, and phrase
thereof would have been adopted irrespective of the fact that any
one (1) or more other sections, subsections, paragraphsa,
sentences, clauses, or phrases be declared invalid or
unconstitutional.
APPROVED by the City Council on the first reading
this ~f;~ day of ~~ , 1985.
PASSED by City Council of the City of
Bremerton, Washington, signed by the Mayor and attested by the
City Clerk in authentication of such passage this ~-~day of
~.~z , 1985.
M~R~E DAWK~NS
Mayor
ATTEST:
KATHLEEN L. McCLUSKEY
City Clerk
20
This Ordinance adopts, by reference, state mandated building .~
codes as well as permissive codes with modification. %~
SECTION 1: This section entitled this Ordinance "City of
Bremerton Building and Fire Safety Code."
SECTION 2: This section repeals all existing ordinances
pertaining to the Building Exit Code, the Uniform Building Code,
the Building Inspector, the Dangerous Building Code, the Plumbing
Code, the Swimming Pool Code, the Fire Code a~d Fire Prevention
Code, the Life Safety Code, the Mechanical Code including
provisions relating to gas fitters and mechanical installer's
license requirements, the Sign Code, and billboard requirements.
SECTION 3: This section provides that the purppse of the
ordinance is to enhance the health, safety and welfare of the
public as a whole by insuring that buildings, dwellings,
structures and land will be constructed, maintained and/or used
in a manner so as to reduce hazards, increase durability, and
require consistent patterns of community development.
SECTION 4: This section adopts, by reference, the 1982
edition of the Uniform Administrative Code, except Table 3(b);
the 1982 edition of the Uniform Building Code and Uniform
Building Code Standards, including appendices in Chapters 1, 7,
11, 32, 35, 38, 49, 55 and 79; the 1982 edition of the Uniform
Mechanical Code, including Chapter 22 and appendices A, B and C;
the 1982 edition of the Uniform Fire Code and Uniform Fire Code
Standards, including appendices I(a), I(b), II(b), II(c), III(a),
III(b), IV(a), V(a) and VI(a); the 1982 edition of the Uniform
Plumbing Code and Standards, including appendices A, B, C, D, G
and F, except for Chapter 11; the 1982 edition of the Uniform
Sign Code; the 1982 edition of the Uniform Code for the Abatement
of Dangerous Buildings and two sets of regulations promulgated by
the Washington State Building Code Advisory Council entitled
"Regulation for Barrier Free Facilities"; 'and the 1983 Washington
State Energy Code.
1
SECTION 5: This section states that in case of a conflict
among the codes adopted in Section 4, the Code first named shall
govern.
SECTION 6: This section sets out abbreviations for the
titles of the various codes listed in Section 4.
SECTION 7: This section charges the Building Official with
the administration and enforcement of the City of Bremerton
Building and Fire Safety Code, except for Section 4(d) of the
Uniform Fire Code which shall be enforced by the Fire Chief and
Appendix 70 of the Uniform Building Code which shall be enforced
by the City Engineer.
SECTION 8: This section provides amendments to Part I,
Chapter 3; Part IV, Chapter 25; Part X, Chapter 54; and Appendix
Chapter I of the Uniform Building Code. The amendmehts to Part
I, Part IV and Part X include deleting permit requirements of
§301(a) for buildings within group R-3 and group M occupancies
where repair costs are less than $200.00; deleting exceptions
contained in §301(b)(1)(2); broadening a permit exemption
contained in ~301(b)(8) to include installation of floor covering
material; consolidating the plan review fee of §304(b) when an
individual submits plans for two or more identical buildings of
group R-3 or group M occupancies; deleting the requirement of
§305(e) for an underfloor inspection; exempting group R and M
occupancies from the foundation ventilation requirements of
§2516(c)(6) and instead requiring group R and M occupancies to
comply with the 1979 foundation ventilation requirements;
requiring that group R occupancies be subject to Chapter 54,
except that for R-3 occupancies glazing located more than
eighteen inches (18") above the surface used as a walking
surface, glazing which is no greater than eighteen inches (18")
in any dimension and glazing protected by a guardrail, handrail,
or other approved barrier are not considered hazardous locations
under §5406(d).
The amendments to Appendix Chapter 1 entitled "Life
Safety Requirements for Existing Buildings" include redfining and
renumbering the stated purpose of §108(a) to be to protect the
general public as a whole and amending and renumbering S108(b) to
allow an owner eighteen (18) months after notice of
non-compliance with the Appendix to submit plans for compliance
and another eighteen (18) months to bring the building into
conformance with the Appendix; provided, however, that this
lenient time compliance requirements does not apply if the
existing building is otherwise declared to be dangerous under the
Uniform Code for the Abatement of Dangerous Buildings. A new
subsection is added to the appendices clarifYi0ng the
responsibilities of owners, occupants and tenants. This new
subsection states that the owner of a building remains liable for
code violations, even though an obligation is imposed on
occupants of the building and even though the owner has, by
agreement, imposed on the occupant the duty of furnishing
required equipment to comply with this code. Every owner, or his
agent, is also responsible for keeping that part of the building
or premises which he occupies or controls in a clean, sanitary
and safe condition, including the shared or public areas in a
building containing two (2) or more dwelling units. This
"responsibility" subsection further imposes on an owner the duty
to furnish required and approved sanitary facilities and
facilities for the prevention and extermination of insect and
rodent infestation. The occupant of a dwelling unit is
responsible for keeping in a clean, sanitary and safe condition
that part of the dwelling of premises which he occupies and this
includes properly disposing of his rubbish, garbage or other
organic waste and maintaining where required by the health
ordinance or the health officer approve devices, equipment or
facilities. A new subsection is added designating substandard
buildings as public nuisances and requiring abatement under the
procedures of §203(b) of the Uniform Building Code using the more
lenient compliance time requirements of Appendices Chapter 1,
unless the condition also constitutes a dangerous building, in
which case compliance time requirements as set forth in the
Uniform Code for the Abatement of Dangerous Buildings must be
followed. A new section is added defining a nuisance as a public
3
nuisance known as common law or in equity jurisprudence as an
attractive nuisance, overcrowding, insufficient ventilation or
illumination, inadequate or unsanitary sewage or plumbing
facilities, uncleanliness and conditions which render air, food
or drink unwholesome or detrimental to human health. The exit
requirements contained in §109(b) are renumbered and the
requirement that exterior stairs be of non-combustible
construction is deleted. A new subsection is added to the exit
requirements of the appendices, which require~ that every
dwelling unit or guestroom shall have access directly to the
outside or to a public corridor; all buildings or portions
thereof shall be provided for exits, exit ways and appurtenances
as required by Chapter 38 of the U.B.C. A new section is added
defining substandard buildings to include public nuisances
defined above, buildings with inadequate exits, inadequate fire
protections or fire fighting equipment, and improper occupancy.
SECTION 9: This section provides amendments to Appendix
Division 1-A of the Uniform Fire Code, entitled Life Safety
Requirements to Existing Buildings. Because this appendix is
identical to Appendix Chapter 1 of the Uniform Building Code, the
amendments contain the same modifications and additions set forth
in the second paragraph of §8 above.
SECTION 10: This section sets forth amendments to the
Uniform Plumbing Code. §20.6 is amended to allow the owner of
real property to obtain a permit to do plumbing or drainage work
on his real property. The schedule of fees in §20.7 is
supplemented to provide for no fee when a plumbing permit is
obtained in conjunction with a building permit for new or
remodeled work for group R-3 and group M occupancies and to
include permit fees for each private swimming pool for each
semi-public swimming pool and for each public swimming pool of
$40.00, $50.00 and $75.00, respectively. §20.9 is amended to add
a provision subjecting any person who calls for, and receives, a
test and/or inspection where in fact the work is not ready to be
tested and/or inspected shall pay to the administrative authority
4
a fee of $30.00 which must be paid prior to any further call for
inspection and/or test.
SECTION 11: This section provides amendments to the Uniform
Sign Code. §23 is amended to add a definition of billboard.
§1501 is added to require signs to conform to zoning regulations.
§1502 is added to require persons who own billboards to keep on
file with the City Clerk a certificate of insurance for the
amount of $1,000,000.00 per occurrence for bodily injury and
property damage unless the solid portion of the billboard's
advertising surface contains less than forty-eight square feet
(48'). §1503 is added to require billboards to be constructed
and maintained in those districts within the City authorized by
the current City zoning ordinance. §1504 is added to provide
that the vertical dimension of a solid face billboard shall not
exceed fifteen feet (15') nor be more than thirty feet (30')
above the ground or sidewalk, depending on whether the Building
Official determines that the ground beneath the sidewalk is below
sidewalk grade. This section also requires that billboards
located on the ground have an open space of at least eighteen
inches (18") between the lower edge thereof and the ground and
provides that this open space may be occupied by lattice work if
the open spaces in said lattice are at least equal in width to
the width of the members of which the lattice is constructed.
§1505 is added to prohibit billboards placed on walls or roofs of
buildings from interfering with the use of any fire escape,
standpipe, necessary window, or egress from the building. In
addition, this section provides that billboards shall not project
into the street or alley a greater distance than is permitted for
appendiges on buildings. §1506 is added to prohibited billboards
other than electric signs on roofed buildings from having an
advertising surface whose vertical dimension exceeds twenty feet
(20') and provides that the billboard shall not be higher than
twenty-five feet (25') above the roof. Electric signs shall not
be higher than seventy-five feet (75') above the roof. In
addition, this section provides that vents supporting the face of
a billboard shall have located above the roof of a building be at
least six feet (6') apart and the bottom of the face shall be at
least five feet (5') above the roof. The advertising surface of
such billboard must be no closer to the front lot line than five
feet (5') or be in line with the average depth of the front line
of the buildings adjacent on each side. §1507 is added to
provide that any billboard which becomes unsafe or defective
shall be removed and made to conform to the terms and
requirements of this Code. The owner of the billboard or
the owner of the ground upon which the billboard is built is
responsible for compliance. §1508 is added to require every bill
poster to contain the bill poster's name on every structure or
portion thereof upon which he places advertisements.
SECTION 12: This section entitled "Mobile Homes" provides a
definition of mobile home as a factory assembled str~cture having
more than 320 square feet of gross floor area capable for using
as a dwelling unit with its own chasis and capable of being towed
on public highways through the use of its own axles and wheels;
provided, that a mobile home does not lose its character as a
mobile home by removal of its wheels and axles or its placement
on a permanent foundation. This section excludes mobile homes
from the provisions of the Uniform Building Code, the Uniform
Mechanical Code, the Uniform Plumbing Code as such code applies
to internal plumbing, and from the regulations for Barrier Free
Facilities. The remainder of this Building and Fire Safety Code
ordinance, however, applies to mobile homes. This section also
requires that a person obtain a permit from the Building
Official, at a cost of $75.00 or $50.00 if the mobile home is to
be placed within a mobile park, before the mobile home is located
or placed on any lot or parcel. The Building Official is charged
with issuing the permit if the mobile home conforms to the
requirements of the zoning ordinance and meets the mobile home
installation requirements of WAC 296-150(B).
SECTION 13: This section entitled "Factory Built Housing"
provides a definition of factory built housing to include any
structure designed primarily for human occupancy (other than a
mobile home) the structure or any room of which is either
6
entirely or substantially prefabricated or assembled at a place
other than the building site. This section excludes factory
built housing from the provisions of the Uniform Building Code,
the Uniform Mechanical Code, the Uniform Plumbing Code as such
code applies to internal plumbing, and regulations for Barrier
Free Facilities. The remainder of the Building and Fire Safety
Code applies to factory built housing. This section also
requires each factory built housing'to have a permanent
foundation and prohibits location of a factory built house on any
lot or parcel until the Building Official approves a foundation
plan and issues a permit, the individual pays a fee in the amount
of $75.00, the Building Department determines that the unit of
factory built housing meets the requirement of the zoning
ordinance, and that the foundation forms have been p~operly set,
and the Building Department subsequently determines that the
foundation has been properly constructed once said foundation is
poured, the forms removed and the mud still in place.
SECTION 14: This section entitled "Penalties" provides:
"Unless otherwise more specifically provided, any
person, firm or corporation violating any of the provisions of
the City of Bremerton Building and Fire Safety Code shall be
deemed guilty of a misdemeanor and each such person, firm or
corporation shall be deemed guilty of a separate offense for each
and every day or portion thereof during which any violation of
any provisions of the City of Bremerton Building and Fire Safety
Code is committed, continued or permited and, upon conviction of
any such violation, such person, firm or corporation shall be
punished by a fine of not more than Five Hundred Dollars
($500.00) or by imprisonment for not more than ninety (90) days
or by both such fine and imprisonment for each violation."
SECTION 15: This section provides that if any portion of
this ordinance is found invalid, the remainder of the ordinance
shall not be affected.
Any person desiring the full text of the foregoing Ordinance
may so request from the City Clerk and it shall be provided
without charge.
APPROVED by the City Council on the first reading on
~, ~,,' ,~ , 1985.
P ED by the City Council of the City of Bremerton, signed
by the Mayor and attested to by the City Clerk in authentication
of such passage on ~zz~z~ /9 f._~ , 1985.
MO"~R%~ '~)AWK~NS, ~a~or
ATTEST:
KATHLEEN L. MCCLUSKEY, City Clerk
Director of Administrative Services
City of Bremerton
8