HomeMy WebLinkAbout5154 ORDINANCE NO. 5154
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, making corrections to the Bremerton
Municipal Code by amending Chapter 992 entitled "Chronic
Nuisance Properties ", Chapter 1112 entitled "Transportation
Development Code ", Chapter 13 10 entitled "Municipal Trees ",
and Chapter 706 entitled "Chickens ", by amending sections of
these chapters correcting references to other provisions of the
Bremerton Municipal Code and updating references to provisions
of the Revised Code of Washington and making other related
amendments
WHEREAS, previous amendments have been made to certain chapters of the
Bremerton Municipal Code resulting in incorrect references to these chapters elsewhere in the
code, and
WHEREAS, the City Council desires to amend certain provisions of the
Bremerton Municipal Code to correct and update these references and to make other related
amendments, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS
SECTION 1. Section 9 92 020 of the Bremerton Municipal Code entitled
"Definitions" is hereby amended to read as follows
9.92.020 DEFINITIONS.
For purposes of this chapter, the following words or phrases shall have the meaning
prescribed below.
(a) "Abate" means to repair, replace, remove, destroy, or otherwise remedy a condition
which constitutes a violation of this chapter by such means and in such a manner and to such an
extent as the applicable City department director or designee(s) determines is necessary in the
interest of the general health, safety and welfare of the community,
(b) "Control" means the ability to regulate, restrain, dominate, counteract or govern
property, or conduct that occurs on a property,
(c) "Chronic nuisance property" means property on which any combination of three or
more nuisance activities occur or exist during any sixty (60) day period,
(d) "Drug- related activity" means any unlawful activity at a property which consists of
the manufacture, delivery, sale, storage, possession, or giving away of any controlled substance
as defined in Chapter 69 50 RCW, legend drug as defined in Chapter 69 41 RCW, or imitation
controlled substances as defined in Chapter 69 52 RCW,
(e) "Nuisance activity" means and includes:
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(1) Any nuisance as defined by State law or local ordinance occurring on,
around or near a property, including but not limited to, violations of the following laws and
regulations
(a) Chapter 9.08 06 BMC, Junk Vehicles,
(b) Fire code, BMC Title 18,
(c) BMC Title 6, Health and Sanitation,
(2) Any criminal conduct as defined by State law or local ordinance occurring
on, around or near a property, including, but not limited to, the following activities or behaviors
(a) Stalking, BMC 9A 32 110,
(b) Harassment, BMC 9A 32 050,
(c) Failure to disperse, BMC 9A 44 030,
(d) Disorderly conduct, BMC 9A 44 020,
(e) Assault, BMC 9A 32 010,
(f) Any domestic violence crimes, BMC 9A 32 070,
(g) Reckless endangerment, BMC 9A 32 020,
(h) Prostitution, BMC 9 24 020,
(i) Patronizing a prostitute, BMC 9 24 040
0) Public disturbance noises, BMC 6 32.120(a),
(k) Lewd conduct, BMC 9A 44 070,
(1) Any firearms /dangerous weapons violations, BMC 9A 24 010
through BMC 9A 24 220,
(m) Drug- related loitering, BMC 9.89 010,
(n) Any dangerous ammal violations, BMC 7 12 040,
(o) Any drug- related activity,
(3) For purposes of this chapter, "nuisance activity" shall not include conduct
where the person responsible is the victim of a crime and had no control over the criminal act,
(f) "Person responsible for property" or "person responsible" means, unless otherwise
defined, any person who has titled ownership of the property or structure which is subject to this
chapter, an occupant in control of the property or structure which is subject to this chapter, a
developer, builder, or business operator or owner who is developing, building, or operating a
business on the property or in a structure which is subject to this chapter and/or any person who
has control over the property and allows a violation of this chapter to continue,
(g) "Person" means natural person, point venture, partnership, association, club,
company, corporation, business trust, organization, or the manager, lessee, agent, officer or
employee of any of them,
(h) "Premises and property" may be used by this chapter interchangeably and means
any public or private building, lot, parcel, dwelling, rental unit, real estate or land or portion
thereof including property used as residential or commercial property,
W "Rental unit" means any structure or that part of a structure, including but not
limited to single - family home, room or apartment, which is rented to another and used as a
home, residence, or sleeping place by one or more persons
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SECTION Z Section 11 12 120 of the Bremerton Municipal Code entitled
"Landscaping in Rights -of -Way, Easements and Access Tracts" is hereby amended to read as
follows
11.12.120 LANDSCAPING IN RIGHTS -OF -WAY, EASEMENTS AND
ACCESS TRACTS.
(a) Preservation of existing street trees and landscaping may be required along City
streets as a condition of permit approval
(b) For any development wherever it is necessary to remove or relocate street
vegetation in connection with the widening of the street or highway, the paving of a sidewalk, or
the installation of ingress or egress, the property owner shall replant such vegetation in size and
kind or replace them according to engineering standards, as determined by the City Engineer,
and BMC 13 10.080
(c) Any existing landscaping in the right -of -way not included in the development plans
that is disturbed by construction activity on private property shall be replaced or restored to its
original condition by the property owner
(d) Landscaping and other improvements within the right -of -way are subject to removal
at the request of the City when the right -of -way is needed for public use
(e) Street Tree and Landscaping Installation Requirement
(1) Street landscape installation or improvement is required when applicable
projects are to be undertaken along mayor arterials and other streets as identified in the
comprehensive plan and in accordance with the engineering standards
(2) Ground cover shall be provided for site frontage right -of -way with a
potential for erosion
(f) Species Selection Selection of tree species shall comply with the engineering
standards, Chapter 13 10 BMC, and the comprehensive plan
(g) Maintenance of plant materials shall be in accordance with Chapters 944 08 and
13 10 BMC
SECTION 3. Section 13 10 090 of the Bremerton Municipal Code entitled
"Nuisance Abatement" is hereby amended to read as follows
13.10.090 NUISANCE ABATEMENT.
On Private Properties - Abatement of nuisances on private property with
trees or shrubs determined to be hazardous or public nuisance to public areas, such as streets and
sidewalks, will be handled in accordance with the nuisance abatement procedures set forth in
Chapter 94 08 of the Bremerton Municipal Code
SECTION 4. Section 13 10 100 of the Bremerton Municipal Code entitled
"Appeal of Abatement Notice" is hereby repealed as follows
1_3.1 0.100 APPEAL OF ABATEMENT lr►TOT -ICE.
A-ppeals of abatement nefiees shall be handled in aeeer-danee mqth the pr-ecedufes set
SECTION S. Section 13 10 090 of the Bremerton Municipal Code entitled
"Chicken Management" is hereby amended to read as follows
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7.06.010 CHICKEN MANAGEMENT.
Chickens may be kept within the city limits of Bremerton, provided
(a) No more than four (4) hens, including chickens and chicks, may be kept per single -
family residential lot pursuant to subsection (n) of this section In no event shall the four (4)
allowed hens, including chickens or chicks, count toward the accumulative total of four (4)
household pets pursuant to BMC 7 08 010
(b) No roosters are allowed
(c) Chickens, except for clucks, shall not be kept inside any permitted dwelling
(d) Henhouses, coops and chicken tractors must be set back at least ten (10) feet from
all property lines
(e) Henhouses, coops and chicken tractors shall be kept at least five (5) feet from any
other structure including decks
(f) Henhouses, coops and clucken tractors shall provide for adequate shelter, be kept
clean and maintained so that dust, manure and odors are not detectable beyond any property line
(g) Henhouses, coops and chicken tractors including chicken runs shall not exceed two
hundred (200) square feet in size and shall not exceed seven (7) feet in height at the structure's
highest point
(h) Henhouses and coops shall provide at least six (6) square feet of space per chicken
(i) Chicken tractors shall provide at least four (4) square feet of space per chicken
0) Henhouses, coops and chicken tractors shall be restricted to the backyard area of a
single - family residential lot
(k) Henhouses, coops and chicken tractors shall be set back from any body of water in
compliance with the City of Bremerton's shoreline master plan and critical areas ordinance as
each are currently enacted or hereinafter amended
(1) Henhouses, coops and chicken tractors shall beset back one hundred (100) feet from
any public or private well
(m) Chickens shall not be allowed to run at large and shall be enclosed within a
henhouse, coop or chicken tractor at all times
(n) Chickens shall be allowed only on single - family residential lots containing a
maximum of one residence
(o) Chicken manure shall be managed so as not to create a nuisance or be in violation of
Chapter X6.02 BMC as currently enacted or hereinafter amended
(p) Chickens shall not be slaughtered
(q) All chicken feed or food set aside for chickens shall be stored in rodent -proof
containers and feeders
(r) All structures used to house or care for chickens, including henhouses, coops and
chicken tractors shall be rodent -proof
(s) Any rodent activity in the vicinity of any clucken structure or enclosure shall require
the licensed owner of the chickens to eradicate the rodents in compliance with local, state and
federal laws
SECTION 6. Section 2 62 045 of the Bremerton Municipal Code entitled
"Municipal Court Hearing Examiner - Procedure - Appeal" is hereby amended to remove a
reference to a code provision that is no longer applicable as follows
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2.62.045 MUNICIPAL COURT HEARING EXAMINER - PROCEDURE -
APPEAL.
The Municipal Court Hearing Examiner shall have jurisdiction to receive and rule on
appeals by aggrieved appellants of administrative decisions after a written complaint has been
denied by the Department Director or designee Appeals to the Municipal Court Hearing
Examiner from any final administrative decision covered by the provisions of this chapter shall
be made within seven (7) working days from the date of appellant's notification of the decision
Date of mailing shall be considered date of notification Appeals shall include the appellant's
name, address and telephone number, the written decision being appealed and the municipal
code section establishing the appeal Appeals shall be accompanied by a filing fee, pursuant to
Chapter 3 01 BMC, which shall be refunded if the appellant substantially prevails The
Municipal Court Judge shall adopt rules for scheduling and conduct of administrative hearings
Enforcement of the administrative decision being appealed to the Municipal Court
Hearing Examiner shall be stayed during the pendency of an appeal which has been properly and
timely filed, provided there is not imminent threat to the public's safety and welfare.
The Municipal Court Hearing Examiner's decision shall be final and conclusive unless
the appellant or the City files for a wnt of certiorari in Krtsap County Superior Court within
thirty (30) days Procedures of tlus section including filing fee and appeal of the Municipal Court
Hearing Examiner's decision shall apply unless different procedures are specified in the
ordinance establishing the administrative appeal
The Municipal Court Hearing Examiner shall have junsdiction to hear and rule on
complaints referred under the City's Code of Ethics, Chapter 2.96 BMC, and to receive and rule
on appeals of administrative decisions specified in the following titles of the Bremerton
Municipal Code
(1) Ammals and Fowl, BMC Title 7,
(32) Traffic, BMC Title 10
All references to Hearing Examiner in Chapter 2 96 BMC and these titles shall mean
Municipal Court Hearing Examiner
SECTION 7. Severabilq 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 8 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
PASSED by the City Council the Z GA day of , 2011
WILL MAUP , Co i
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Approved this O `� day of , 2011
CPA
PATTY L T, Mayor
ATTEST APPROVED AS TO FORM
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CAROL G N, City C rk R GER A LUB ttorn
PUBLISHED the 0 day of > , 2011
EFFECTIVE the da of 3 2011
ORDINANCE NO
R \Legal\ Legal\ Ordinances\ Legal \CodeReferenceCorrections - Updates -2011 doc
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AFFIDAVIT OF PUBLICATION
Account #42742 AD #274741
STATE OF WASHINGTON
COUNTY OF KITSAP
I, Jessica Zuehl - Miller, being first duly sworn on oath, deposes and says That she is now, and at all times
embraced in the publication herein mentioned was the principal clerk of the printers and publishers of
KITSAP SUN, that said newspaper has been approved as a legal newspaper by order of the Superior Court
of the County of Kitsap, in which County it is published and is now and has been for more than six months
prior to the date of the publication hereinafter referred to, published in the English language continually as
a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County,
Washington and is now and during all of said time, was printed in an office maintained in the aforesaid
place of publication of said newspaper, that the following is a true text of an advertisement as it was
published in regular issues (and not in supplement form) of said newspaper on the following date, to wit
And on Aug 8, 2011 such newspaper was regularly distributed to its subscribers during all of said period
The full amount of the fee charged for the foregoing publication is the sum of $50 08 This amount has not
been paid in full
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of August 9, 2011
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ORDINANCE NO 5154
ua�
AN ORDINANCE of the City Council of the City of Bremerton, Washington, making corrections to the
Bremerton Municipal Code by amending Chapter 9 92 entitled "Chronic Nuisance Properties," Chapter
11 12 entitled "Transportation Development Code," Chapter 13 10 entitled "Municipal Trees," and Chapter
7 06 entitled "Cluckens," by amending sections of these chapters correcting references to other provisions
of the Bremerton Municipal Code and updating references to provisions of the Revised Code of
�
Waslugnton and making other related amendments
i
PASSED by the City Council on the 3rd day of August, 2011
The full text of tlus ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600,
Bremerton, WA 98337
August 8, 2011 Ad #20116012
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