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Home My WebLink About03/20/2013 AGENDA CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 ** *AMENDED * ** MARCH 20, 2013 CITY COUNCIL MEETING AGENDA 1 BRIEFING 5 00 — 5 30 P M in COUNCIL CONFERENCE ROOM 603 A General Council Business 2 CALL TO ORDER 5 30 P M in FIRST FLOOR CHAMBERS A Pledge of Allegiance B Invocation 3 PUBLIC RECOGNITION 4 MAYOR'S REPORT 5 BPD BRIEFING — City of Bremerton Police Chief Steve Strachan 6 CONSENT AGENDA A Claims & Check Register B Minutes of Meeting — March 6, 2013 C Minutes of Study Session — March 13, 2013 D Purchase of four 2013 Chevrolet Malibu Police Vehicles through State Contract No 04306 E Ordinance No 5207 repealing Ordinance No 5089, and adopting Resolution No 3189 relating to new Standards for Indigent Defense F Acceptance of $15,000 Grant from the Washington State Office of Public Defense G Annual Basic Life Support (BLS) Agreement between Handlers Racing Association, the City of Bremerton, and South Kitsap Fire & Rescue (SKFR) H Ordinance No 5208 amending Chapter 9A 32 entitled "Assault" and Chapter 9A 44 entitled "Public Disturbances" of the Bremerton Municipal Code (BMC) I Resolution No 3190 approving Pacific Avenue Head -in Angle Parking adjacent to the Downtown Post Office J Purchase of 2008 Crafco Supershot 125D crack sealer from Partner Construction Products 7 GENERAL BUSINESS A Ordinance No 5209 amending Chapters 15 01 and 15 04 of the Bremerton Municipal Code (BMC) relating to Stormwater (Pulled down from the Consent Agenda ) B Ordinance No 5206 repealing Chapters 10 10 entitled "Restricted Parking Zones" and 10 11 entitled "Parking Enforcement ", establishing a new Chapter 10 10 entitled "Parking Code ", and amending Chapter 11 10 of the Bremerton Municipal Code (BMC) C Resolution No 3188 amending "Municipal Court — Rate Table B ", and reestablishing fees, fines, and penalties regarding parking and related matters 8 COUNCIL MEMBER REPORTS 9 EXECUTIVE SESSION A 10- minutes to discuss "Potential Litigation" per RCW 42 30 110(1)(i) —Action anticipated 10 ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING The Bremerton Transportation Benefit District (TBD) Board will meet after a brief recess... ® Americans with Disabilities Act (ADA) accommodations provided upon request Those requiring special accommodations please contact the City Clerk at (360) 473 -5323 by noon on the day preceding the Meeting BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO COMMENT SO YOUR NAME CAN BE INCLUDED IN THE RECORD d -w ZA plwnj P r REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ seeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeI SUBJECT. Claims & Check Register Study Session Date COUNCIL MEETING Date March 20, 2013 Department Financial Services Presenter Shannon Corin Phone 473 -5323 SUMMARY: Approval of the following checks and electronic fund transfers 1) Check #'s 352526 through 352821 and EFT's 12650 through 12697 in the amount of $2,689,295 40 2) Regular Payroll for the pay period ending February 28, 2013 in the amount of $2,863 55 3) Regular Payroll for the pay period ending March 15, 2013 in the amount of $676,413 32 ATTACHMENTS FISCAL IMPACTS (Include Budgeted Amount) STUDY SESSION AGENDA ❑x No Discussion ❑ Full Presentation STUDY SESSION ACTION. px Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION Move to approve consent agenda as presented COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 AGENDA BILL CITY OF BREMERTON to fs CITY COUNCIL SUBJECT: COUNCIL MEETING Date March 20, 2013 Department City Council Minutes of Meeting Presenter Greg Wheeler March 6, 2013 Council President Phone (360) 473 -5280 SUMMARY. Attached is a summary of the City Council Meeting ATTACHMENTS Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount) N/A STUDY SESSION AGENDA ❑x No Discussion ❑ Full Presentation STUDY SESSION ACTION- ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION- Move to approve the Consent Agenda as presented COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, March 6, 2013 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, March 6, 2013, at 5 00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6 Street, Bremerton, Washington, with Council President Greg Wheeler presiding Council Members present were Nick Wofford, Eric Younger, Carol Arends, Faye Flemister, Wendy Priest, Adam Brockus, Leslie Daugs, and Jim McDonald Also present were City Attorney Roger Lubovich, City Clerk Shannon Conn, and Legislative Assistant Lori Smith A COUNCIL BRIEFING was held to discuss General Council Business at 5 00 PM in the Council Conference Room, immediately following was the Council Meeting at 5 30 PM The Pledge of Allegiance was led by Council Member Jim McDonald followed by the invocation provided by Pastor Rick Glomstad of Sylvan Way Baptist Church PUBLIC RECOGNITION Mike Walton Bremerton Family YMCA Marketing Director, reported on upcoming activities including the next Resolution Run to be held on April 7, and encouraged people to support the "Strong Kids Campaign Roy Runyon would be hosting a Bremerton City Charter Convention to discuss proposed Charter amendments on Monday, March 18 from 6 30 to 8 00 PM at the Kitsap Regional Library, Sylvan Way Branch, and encouraged citizens to read the Charter which is available on the City's website Jerry McDonald announced the 3` Annual Concierge Tour would be held on Wednesday, March 20, and that he was also working to bring more entertainment back to the Bremerton Boardwalk MAYOR'S REPORT — Mayor Patty Lent • Proclaimed the Month of March 2013 as "American Red Cross Month ", which was accepted by Executive Director Karen McKay Bevers and a group of dedicated Red Cross volunteers, • Introduced Sara Green Harrison Medical Center, who stated an enrollment period would be held from April 3 to 10 for persons interested in participating in a 20 -year Cancer Prevention Study, • Presented a Community Service Plaque to Holly James in appreciate of 10 years of dedicated service on the Civil Service Commission, and • Proclaimed the Month of March 2013 as "Brain Injury Awareness Month ", which was accepted by Suzanne Griffin INFORMATION ONLY Eric Stevens, Interim Executive Director of the Kitsap Humane Society, and Dr. Jen Stoneauist Director of Shelter Medicine, discussed the launching of Kitsap Humane Society's Trap /Neuter /Return Program (for Stray and Feral Cats) in the City of Bremerton CONSENT AGENDA 6A — Claims & Check Register Check Numbers 352437 through 352525, and EFT -12620 through EFT -12649 in the amount of $1,252,268 97, Regular Payroll (Pay Out) for the pay period ending February 15, 2013 in the amount of $15, 038 83, Regular Payroll for the pay penod ending February 28, 2013 in the amount of $618,464 59, and Retiree Payroll ending February 28, 2013 in the amount of $61,254 61 61B — Minutes of Meeting — February 20, 2013 6C — Minutes of Study Session — February 27, 2013 City Council Reg Mtg Minutes Wednesday, March 6, 2013 Page 2 of 3 6D — Resolution No 3187 repealing Resolution No 2980, and adopting new Bremerton City Council Rules and Procedures There were no comments from the public 06:04:50 M /S /C /U (Flemister/Wofford) Move to approve the CONSENT AGENDA as presented GENERAL BUSINESS 7A — APPROVAL TO PROCEED WITH PLANS FOR EXPANSION OF HARBORSIDE CONFERENCE CENTER FACILITIES Mayor Lent explained that the proposal being presented is for the expansion of the Harborside Conference Center facilities into the top floor of the adjoining Kitsap Transit budding The top floor is owned by Kitsap Transit and consists of appropriately 7,000 square feet Kitsap Transit has offered to lease the space to the City with first two years at no charge The City will seek funding for the tenant improvements for the Public Facilities District City Clerk Shannon Corin established that a letter of support was submitted from Patricia Graf- Hoke from the Kitsap Peninsula Visitor & Convention Bureau, and will be included as part of the record Ms. Graf -Hoke was also in attendance and provided additional comments of support Barbara Rush Director of Operations from Columbia Hospitality Conference Center provided further details about the need for the proposed expansion of the Kitsap Harborside Conference facilities Jerry McDonald agreed that the expansion of Bremerton's facilities was necessary to compete with facilities in nearby Seattle and Tacoma Larry Meyers asked Council to seriously study all the numbers to be sure that they are fully educated about the project and what it will cost the City City Attorney Roger Lubovich clarified that if there is interest in this proposal, the action tonight is only for approval to pursue the RFP, but all final documents will come back for Council approval Ms. Priest asked if language could be made a part of the Motion to assure that any further action will come back to Council 06:25:40 Motion was made by Daugs, and seconded by McDonald Comments and questions were provided by Daugs, McDonald, Priest, and Younger, with responses provided by Mayor Lent, Ms Hasart, and Roy Runyon, Vice -Chair of the Kitsap Public Facilities District 06:29:55 M /S /C (Daugs /McDonald) Move to authorize the Mayor to proceed with plans for the expansion of the Harborside Conference Center facilities into the top floor of the Kitsap Transit budding and to present to the Council any required funding and lease proposals for final action Voted in favor of Motion Daugs, Brockus, Priest, Flemister, Arends, Younger, McDonald, Wheeler Abstained Wofford Motion carries 8 -Yes, 1- Abstention COUNCIL MEMBER REPORTS Leslie Daugs announced that Kitsap Habitat for Humanity will be accepting applications to build homes on March 11 at 10 00 AM or March 16 at Noon at First Christian Church located at 811 Veneta Avenue in Bremerton Additional meetings will be held on March 19 at 6 00 PM and March 16 at Noon at First Lutheran Church at 2483 Mitchell Road SE in Port Orchard Please contact (360) 479- 3853 or visit www kitsaphabitat orq for more information City Council Reg Mtg Minutes Wednesday, March 6, 2013 Page 3 of 3 Adam Brockus will be hosting a District 3 Community Meeting on March 26 from 6 30 to 8 00 PM at the Bremerton Senior Center located at the corner of East 13' Street & Nipsic Avenue with featured guest speaker new Police Chief Steve Strachan, and also announced an upcoming meeting by the Bremerton Transportation Benefit District (TBD) Board will also be held in the Chambers following the Bremerton City Council Meeting on Wednesday, March 20 Wendy Priest reminded citizens of the St Patrick's Day Parade in downtown Bremerton on Saturday, March 16 beginning at 10 00 AM Faye Flemister thanked all the residents of Districts 4, 5, 6, and 7 for participating in the Multi- District Community meeting on Monday, March 4 Carol Arends agreed that it was a good meeting on Monday, and invited women to a "Girl's Night OuV event at ClayWerks located at 330 Callow Avenue on Thursday, March 21 from 6 00 to 8 00 PM Nick Wofford thanked all of the Red Cross and AmenCorps volunteers who were in attendance tonight and again encouraged residents to consider volunteering in the community Greg Wheeler was pleased with the citizens who turned out for the Multi- District Community meeting held Monday, and thanked Becky Hasart, Finance Director and Chal Martin, Public Works Director for attending and answering questions Council recessed from 6 37 to 7 32 PM for a 55 -Minute Executive Session to discuss `Pending Litigation" and Potential Litigation" per RCW 42 30 110 (1)(/) 07:32:00 M /S /C /U (McDonald /Daugs) Move to authorize the City Attorney to bring a lawsuit and take any necessary legal action regarding the nuisance property at 1127 and 1129 North Callow Avenue With no further business, President Wheeler adjourned the Council Meeting at 7 33 PM Prep Wed and Submitted by *w5jb LO I SMITH Legislative Assistant Attest SHANNON CORK City Clerk GREG WHEELER, City Council President GW SC Is cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ mmmmmmsmmmmmmmmmmmmmmmmmmmmmmmmmmmmmsmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmaI SUBJECT. COUNCIL MEETING Date March 20, 2013 Department City Council Minutes of Study Session Presenter Greg Wheeler March 13, 2013 Council President Phone (360) 473 -5280 SUMMARY: Attached is a summary of the City Council Meeting ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount) N/A STUDY SESSION AGENDA ❑x No Discussion ❑ Full Presentation STUDY SESSION ACTION ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION- Move to approve the Consent Agenda as presented COUNCIL ACTION- ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, March 13, 2013 A Study Session of the City Council of the City of Bremerton was called to order in the Council Conference Room of the NORM DICKS GOVERNMENT CENTER, 345 6 th Street, Bremerton, Washington, Wednesday, March 13, 2013, at 500 PM, with Council President Greg Wheeler presiding Council Members present were Nick Wofford, Eric Younger, Carol Arends, Faye Flemister, Wendy Priest, Adam Brockus, Leslie Daugs, and Jim McDonald Lori Smith, Legislative Assistant, was present to provide staff support President Wheeler emphasized that the Study Session was open to the public but there would be no opportunities for input or participation, and announced that approved items by Council will be placed on the March 20, 2013 Council Meeting Agenda, or as indicated A NO PRESENTATION PLANNED 1 Resolution amending "Municipal Court — Rate Table B ", and reestablishing fees, fines, and penalties regarding parking and related matters General Business 2 Purchase of four (4) 2013 Chevrolet Malibu Police Vehicles through State Contract No 04306 Consent Agenda 3 Ordinance to repeal Ordinance No 5089, and adopt a resolution relating to new Standards for Indigent Defense Consent Agenda 4 Acceptance of $15,000 Grant from the Washington State Office of Public Defense Consent Agenda 5 Annual Basic Life Support Agreement between Handlers Racing Association, the City of Bremerton, and South Kitsap Fire & Rescue (SKFR) Consent Agenda 6 Ordinance amending Chapter 9A 32 entitled "Assault' and Chapter 9A 44 entitled "Public Disturbances" of the Bremerton Municipal Code (BMC) Consent Agenda 7 Ordinance amending Chapters 15 01 and 15 04 of the Bremerton Municipal Code (BMC) relating to Stormwater Consent Agenda 8 Resolution approving Pacific Avenue Head -in Angle Parking adjacent to the Downtown Post Office Consent Agenda B FULL PRESENTATION ITEM(S) 9 Purchase of 2008 Crafco Supershot 125D crack sealer from Partner Construction Products Consent Agenda 10 Update on Pacific Avenue Reconstruction Project Information Only 11 Ordinance repealing Chapters 10 10 entitled "Restricted Parking Zones" and 10 11 entitled "Parking Enforcement', establishing a new Chapter 10 10 entitled "Parking Code ", and amending Chapter 11.10 of the Bremerton Municipal Code (BMC) General Business C GENERAL COUNCIL BUSINESS 1 Public Works Committee Briefing — Adam Brockus, Chair 2 General Council Reports and other General Council Business (As necessary ) City Council Study Session Minutes Wednesday, March 13, 2013 Page 2of2 With no further business, President Wheeler adjourned the Council Study Session at 8 00 PM Prepared and Submitted by LORI SMITH Legislative Assistant Attest SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW SC Is cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ a ��s�a� 00 EE 00 M 00 N00E0EEE0EE0a00000a0Na000EE00E00EEM0MaaaEEaaRaNI SUBJECT Purchase of four 2013 Study Session Date March 13, 2013 Chevrolet Malibu staff cars for Police COUNCIL MEETING Date March 20, 2013 Department ERR Presenter Jim Orton Phone x 5359 SUMMARY: The approved 2013 budget for Equipment Repair & Replacement (ERR) includes replacement of five (5) staff /detective cars It is the intent of the Police Department and ERR to replace four (4) this year and keep the fifth car at least one more year Requested is authorization to purchase four (4) 2013 Chevrolet Malibu's utilizing State Contract No 04306 for a total cost of $72,710 40 including Washington state sales tax The authorized State contract dealer is Bud Clary Auto Dealerships of Longview Washington ATTACHMENTS Purchase of four Chevrolet Malibu staff cars for Police FISCAL IMPACTS (Include Budgeted Amount) The replacement vehicles are budgeted for replacement The 2013 Vehicle Replacement budget is $384,000 STUDY SESSION AGENDA ❑x No Discussion ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION- Move to approve the purchase of four (4) 2013 Malibu's Police Vehicles for Staff /Detectives through the State of Washington Contract No 04306 in the amount of $72,710 40 including Washington state sales tax COUNCIL ACTION. ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 Current Contract Information Contract No. 04306 Page 3 ONLINE ORDERS MAYBE PLACED AT htws://fortress wa rov/deeinetivehrea/vehmenwhtnL TO MINIMIZE PRODUCTION DELAYS ORDER AS EARLYAS POSSIBLE, BEFORE MARCH 31, 2012. AUTOMOBILE - MID SIZE SEDAN 4CYL VEHICLE TYPE • 4 DOOR SEDAN MAKE/MO - CHEVROLET MALIBU EQUIPMENT INCLUDED IN NET PRICE - Air Bags, Driver & Front Passenger w /Side Airbags - Auxiliary Power Outlets - 2.4 Liter 4 Cylinder Gas Engine - Mirrors, Dual Power Adjustable - Automatic Overdrive Transmission, 6 speed - Electric Rear Window Defroster - Power Steering - All Factory Standard Equipment Including: - P225/50R17 Steel Belted All Season Radial Tires (1) Inside Emergency Trunk Release - Tire Sealant with inflator kit Cloth Front Bucket Seats, Rear Bench - Power Brakes, 4 Wheel Anti Lock Brake System, Traction Control (5 Passenger Seating) - Intermittent wipers Daytime Running Lights - Air Conditioning Height Adjustable Driver's Seat - Light Tinted Glass All Around Power Windows/Doorlocks - Cruise ControVrilt Steering Wheel 36 Month/36,000 Mile Warranty Bumper to Bumper, - Color Keyed Carpeted Floor Mats (F&R) 5Yr /100,000 Mile Drivehmin - AM/FM Radio w /CD - Set of Four Keys, Remote Keyless Entry W/Two Transmitters VEHICLE MEETS THE DEPARTMENT OF ECOLOGY SPECIFICATIONS FOR LOW EMISSION VEHICLES Emission Certification: TIER 2 BIN 5 NHTSA CRASH TEST RATINGS (20121 Gas Mileage 22 City 33 Hwy FRONTAL (D/P) 4/4 Mercury Free Vehicle SIDE (F/R) 5/5 ROLLOVER 4 DEALER Bud Clary Auto Dealerships (W262) DEALER CONTACT John Slater or Jim Scott PO Box 127 PHONE 1- 800 -899 -1926 Longview, WA 98632 EMAIL jslater@budclary com FEDERAL TAX ID NO 91- 0699054 DELIVERY 60-90 Days ARO PAYMENT TERMS *$200 Per Vehicle Discount for Payment Within 20 Days of Delivery, Net 30 NET PRICE (Vehicle equipped as above, delivered to any point within the State of Washington, exclusive of Federal Excise and before 8Z% State Sales Tax mcludmg a 3% Velucle Tax): COMMODITY CODE VEHICLE DESCRIPTION ORDER 077 PRICE EACH PRICE EXTENSION 2312 -050-001 Automobile, Midsize, 4 Door Midsize Sedan, 2012 Chevrolet Malibu LS (1ZS69) 4 $16.800.00* $67,200 NO COST EXTERIOR COLORS INDICATE QUAN77TYOF COLOR(S) SELECTED , White , Imperial Blue 1 . Silver Ice Gold Mist I Mocha Steel — I (Complimentary standard interior color will be selected by Dealer) (1) Not Tire Chain Compatible Cturent Contract Information Contract No. 03511, Automobiles Pries Sheet Order Form - Page 4 ORDSB CODE OPTTONDBSCMMON 94= BE ICU RA pglCg AEMMLOA 2312 -0SO-010 Credit for pickup from selling Dealer (Orders for Eastem $(100.00) $ WA ) PLR * (Deduct 2312 -050 -011 Credit for pickup from selling Dealer (Orders for Western $(100.00) WA) LR 2312 -050 -012 , to LR)* $30.00 2312 -050-013 Engine Block Heater 0 $66.00 2312 -050 -014 Keys, Set of 2 Instead of 4 LIt)* educt $ 25.00 2312 -050 -015 Remote Keyless Entry Additional Transmitter Coded to $75.00 Vehicle PLR)* P 2312 -050 -016 Remote Vehicle Starter System (S6P ) $251.00 2312 -050 -017 Spare Tire Full Size se in Trunk LR * $325.00 2312 -050-018 Truck pno Net $15500 2312 -050-019 Stock Vehicle Upcharge, Dealer Stock Vehicle With All $250.00 Contract Rapired Equipment (Call Dealer For Availability) (No Other Factory Options Available) (D elivery Within 7 Days When Available ) pLR )* 2312 -050-020 Undercoatm (PLR)* $195.00 2312 -050 -021 Manufacturer to Dealer. Order Acknowledgement $0.00 Document Faxed to Customer (DLR)* 2312 -050 -022 Fire Extinguisher, 2.5# Dry Chemical ABC Rated W/ $38.00 Mounting Bracket, Delivered W/ Velucle, Uninstalled LR * 2312 -050 -023 Flare Kit, 3 piece Triangle W/ Storage Box for Roadside $35.00 Emergency use, Delivered W/ Velncle, Uninstalled LR * SUBTOTAL 67 +8.2% SST S SI0.40 TOTAL 72 710.40 Attn Council Members (FYI) DD From: Becky Hasart Sent: Thursday, March 14, 2013 8 AM To: City Council cc: Patty Lent Subject: List of 2013 replacement vehicles As requested [at the Study Session] last night Thanks, Becky Becky Hasart Director of Financial Services City of Bremerton 345 6th Street #600 Bremerton, WA 98337 360- 473 -5722 VEH # DEPT DESC REPL COST Salv 0046 401 1993 Eager Bvr Trailer 25,000 1,000 2124 001 -25 2001 Ford E450 Ambl 150,000 $5,000 Note 1 1500 001 -20 2001 FORD TAURUS 25,000 1,500 Staff 1547 001 -20 2006 Ford Crown Victoria 42,000 1,200 Patrol 1536 001 -20 2003 FORD TAURUS SE 25,000 1,700 Staff/Det 1519 001 -20 2002 DODGE STRATUS 25,000 1,500 Staff/Det 1520 001 -20 2002 DODGE STRATUS 25,000 1,500 Staff/Det 1521 001 -20 2002 DODGE STRATUS 25,000 1,500 Staff/Det 1805 001 -51 2001 JOHN DEERE 4100 21,000 3,000 1836 001 -51 2000 JOHN DEERE 4100 21,000 3,000 TOTAL 384,000 Note 1 -2124 will be replaced in 2013 and shifted down to reserve status and 2115 will be sold AGENDA BILL CITY OF BREMERTON to c CITY COUNCIL 0 ME00E00EEEN00EE000a0M0EEEEE0000000m00a0E0000000000MN000M00M00NN0a0EE0EMN0EE0a00E000E0aI SUBJECT: Ordinance No 5207 and Study Session Date March 13, 2013 Resolution No 3189 relating to new COUNCIL MEETING Date March 20, 2013 standards for indigent defense Department Municipal Court Presenter Dawn Nelson Phone 473 -5242 SUMMARY: Ordinance 5089 was passed in 2009 to formally adopt Public Defense Standards On June 15, 2012, the Supreme Court issued New Standards for Indigent Defense and Certification Compliance These new standards were taken into consideration when the new public defense contract was entered into in November 2012 Bremerton is currently in compliance with these new standards Ordinance 5089 is being repealed and the new standards are being adopted by resolution ATTACHMENTS. Ordinance No 5207 repealing Ordinance No 5089 and Resolution No 3189 with attached Supreme Court Order relating to new standards for indigent defense FISCAL IMPACTS (Include Budgeted Amount) None STUDY SESSION AGENDA N No Discussion ❑ Full Presentation STUDY SESSION ACTION N Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION 1) Move to pass Ordinance No 5207 repealing Ordinance No 5089 2) Move to adopt Resolution No 3189 adopting new standards for indigent defense COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 ORDINANCE NO. / A 01 AN ORDINANCE of the City Council of the City of Bremerton, Washington, repealing Ordinance No 5089 relating to standards for the delivery of public defense services WHEREAS, new standards for the delivery of public defense services are being adopted by Resolution, and WHEREAS, prior to adoption of new public defense standards, the current standards adopted by Ordinance No 5089 need to be repealed, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Ordinance No 5089 of the Bremerton Municipal Code relating to standards for the delivery of public defense services is hereby repealed in its entirety SECTION 2. SeverabillU If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect SECTION 3. Effective Date This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law PASSED by the City Council the day of 5 2013 GREG WHEELER, Council President Approved this day of , 2013 PATTY LENT, Mayor 1 Repealing Ordinance No. 5089 Related to Public Defense Services ATTEST APPROVED AS TO FORM SHANNON CORIN, City Clerk ROGER A LUBOVICH, City Attorney PUBLISHED the day of , 2013 EFFECTIVE the day of 9 2013 ORDINANCE NO R \Legal \Legal \Ordinances \legal\Repealing Ordinance No 5089- Standards for Delivery of Public Defense Services doe 2 Repealing Ordinance No. 5089 Related to Public Defense Services RESOLUTION NO. 3 1 a a A RESOLUTION of the City Council of the City of Bremerton, Washington, adopting new standards for the delivery of public defense services WHEREAS, RCW 10 101 030 requires the City of Bremerton to adopt standards for the delivery of public defense services for indigent persons, and WHEREAS, the City Council desires to adopt new updated public defense service standards, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS- SECTION 1. Adoption To ensure that indigent criminal defendants receive high - quality legal representation through a public defense system that efficiently and effectively protects the constitutional requirement of effective assistance of counsel, the City hereby adopts the standards for delivery of public defense services for indigent persons issued by the Supreme Court of Washington Order No 25700 -A -1004 incorporated herein as Attachment A SECTION 2. Severabilyy If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect SECTION 3. Effective Date This Resolution shall take effect and be in force immediately upon its passage PASSED by the City Council the day of , 2013 GREG WHEELER, Council President ATTEST APPROVED AS TO FORM SHANNON CORIN, City Clerk ROGER A LUBOVICH, City Attorney R \Legal\Legal\Resolutions\Legal\Public Defense Standards (2013) doc 1 Standards for Delivery of Public Defense Services ATTACHMENT A ' THE SUPREME COURT OF WASHINGTON ORDER IN THE MATTER OF THE ADOPTION OF NEW ) STANDARDS FOR INDIGENT DEFENSE AND ) NO. 25700-A- �Wp A CERTIFICATION OF COMPLIANCE ) The Washington State Bar Association having recommended the adoption of New Standards for Indigent Defense and Certification of Compliance, and the Court having considered the amendments and comments submitted thereto, and having determined that the proposed amendments will aid in the prompt and orderly administration of justice; Now, therefore, it is hereby ORDERED: (a) That the standards and certificate as attached hereto are adopted. (b) That the New Standards for Indigent Defense, except Standard 3.4, will be published in the Washington Reports and will become effective September 1, 2012, New Standard 3.4 will be published in the Washington Reports and become effective on September 1, 2013. DATED at Olympia, Washington this tv day of June, 2012. rn " 06 co _ 1 .; 5 rV1 ATTACHMENT A ' Page 2 IN THE MATTER OF THE ADOPTION OF NEW STANDARDS FOR INDIGENT DEFENSE AND CERTIFICATION OF COMPLL4NCE w �� • �" � �_ • 1. � \ 6 -eG i f ATTACHMENT A ' STANDARDS FOR INDIGENT DEFENSE The following Standards for Indigent Defense are adopted pursuant to CrR 3. 1, CrRLJ 3.1 and JuCR 9.2 and shall have an effective date concurrent with the effectiveness of amendments to those rules approved by the Court July 8, 2010 (effective July 1, 2012); Standard 3: Caseload Limits and Types of Cases 3.1 The contract or other employment agreement or government budget shall specify the types of cases for which representation shall be provided and the maximum number of cases which each attorney shall be expected to handle. 3.2 The caseload of public defense attorneys shall allow each lawyer to give each client the time and effort necessary to ensure effective representation. Neither defender organizations, county offices, contract attorneys nor assigned counsel should accept workloads that, by reason of their excessive size, interfere with the rendering of quality representation. As used in this Standard, "quality representation" is intended to describe the minimum level of attention, care, and skill that Washington citizens would expect of their state's criminal justice system. 3.3 General Considerations Caseload limits reflect the maximum caseloads for fully supported full -time defense attorneys for cases of average complexity and effort in each case type specified. Caseload limits assume a reasonably even distribution of cases throughout the year. The increased complexity of practice in many areas will require lower caseload limits. The maximum caseload limit should be adjusted downward when the mix of case assignments is weighted toward offenses or case types that demand more investigation, legal research and writing, use of experts, use of social workers, or other expenditures of time and resources. Attorney caseloads should be assessed by the workload required, and cases and types of cases should be weighted accordingly. If a defender or assigned counsel is carrying a mixed caseload including cases from more than one category of cases, these standards should be applied proportionately to determine a full caseload. In jurisdictions where assigned counsel or contract attorneys also maintain private law practices, the caseload should be based on the percentage of time the lawyer devotes to public defense. The experience of a particular attorney is a factor in the composition of cases in the attorney's caseload. The following types of cases fall within the intended scope of the caseload limits for criminal and juvenile offender cases in Standard 3.4 and must be taken into account when assessing an attorney's numerical caseload: partial case representations, sentence violations, specialty or therapeutic courts, transfers, extraditions, representation of material witnesses, petitions for conditional release or final discharge, and other matters that do not involve a new criminal charge. Standai ds for Indigent Defense Washington State Bar Association i - - Page 1 1325 Fowth Ave - Suite 600 - Seattle, WA 98101 -2339 f ATTACHMENT A STANDARDS FOR INDIGENT DEFENSE Definition of case: A case is defined as the filing of a document with the court naming a person as defendant or respondent, to which an attorney is appointed in order to provide representation. In courts of limited jurisdiction multiple citations from the same incident can be counted as one case. 3.4 Caseload Limits The caseload of a full -time public defense attorney or assigned counsel should not exceed the following: 150 Felonies per attorney per year; or 300 Misdemeanor cases per attorney per year or, in jurisdictions that have not adopted a numerical case weighting system as described in this Standard, 400 cases per year; or 250 Juvenile Offender cases per attorney per year; or 80 open Juvenile Dependency cases per attorney; or 250 Civil Commitment cases per attorney per year; or 1 Active Death Penalty trial court case at a time plus a limited number of non death penalty cases compatible with the time demand of the death penalty case and consistent with the professional requirements of Standard 3.2 or 36 Appeals to an appellate court hearing a case on the record and briefs per attorney per year. (The 36 standard assumes experienced appellate attorneys handling cases with transcripts of an average length of 350 pages. If attorneys do not have sign cant appellate experience and/or the average transcript length is greater than 350 pages, the caseload should be accordingly reduced.) Full time Rule 9 interns who have not graduated from law school may not have caseloads that exceed twenty -five percent (25 %) of the caseload limits established for full time attorneys. [Effective September 1, 2013] 3.5 Case Counting The local government entity responsible for employing, contracting with or appointing public defense attorneys should adopt and publish written policies and procedures to implement a numerical case - weighting system to count cases. If such policies and procedures are not adopted and published, it is presumed that attorneys are not engaging in case weighting. A numerical case weighting system must: A. recognize the greater or lesser worldoad required for cases compared to an i average case based on a method that adequately assesses and documents the workload involved; B. be consistent with these Standards, professional performance guidelines, and the Rules of Professional Conduct; Standards for Indigent Defense Washington State Bar Association Page 2 - 1325 Fourth Ave - Suite 600 Seattle, WA 98101 -2539 ATTACHMENT A STANDARDS FOR INDIGENT DEFENSE C. not institutionalize systems or practices that fail to allow adequate attorney time for quality representation; and D. be periodically reviewed and updated to reflect current workloads; and E. be filed with the State of Washington Office of Public Defense. Cases should be assessed by the workload required. Cases and types of cases should be weighted accordingly, Cases which are complex, serious, or contribute more significantly to attorney workload than average cases should be weighted upwards. In addition, a case weighting system should consider factors that might justify a case weight of less than one case. Notwithstanding any case weighting system, resolutions of cases by pleas of guilty to criminal charges on a first appearance or arraignment docket are presumed to be rare occurrences requiring careful evaluation of the evidence and the law, as well as thorough communication with clients, and must be counted as one case. 3.6 Case Weighting The following are some examples of situations where case weighting might result in representations being weighted as more or less than one case. The listing of specific examples is not intended to suggest or imply that representations in such situations should or must be weighted at more or less than one case, only that they may be, if established by an appropriately adopted case weighting system. A. Case Weighting Upwards: Serious offenses or complex cases that demand more - than- average investigation, legal research, writing, use of experts, use of social workers and/or expenditures of time and resources should be weighted upwards and counted as more than one case. B. Case Weighting Downward: Listed below are some examples of situations where case weighting might justify representations being weighted less than one case. However, care must be taken because many such representations routinely involve significant work and effort and should be weighted at a full case or more. i. Cases that result in partial representations of clients, including client failures to appear and recommencement of proceedings, preliminary appointments in cases in which no charges are filed, appearances of retained counsel, withdrawals or transfers for any reason, or limited appearances for a specific purpose (not including representations of multiple cases on routine dockets). ii. Cases in the criminal or offender case type that do not involve filing of new criminal charges, including sentence violations, extraditions, Standards for Indigent Defense Washington State Bar Association - - - - Page 3 - -1325 Fourth Ave - Suite 600 Seattle, WA 98101 -2539 ATTACHMENT A STANDARDS FOR INDIGENT DEFENSE I representations of material witnesses, and other matters or representations of clients that do not involve new criminal charges. Non - complex sentence violations should be weighted as at least 1/3 of a case. iii. Cases in specialty or therapeutic courts if the attorney is not responsible for defending the client against the underlying charges before or after the client's participation in the specialty or therapeutic court. However, case weighting must recognize that numerous hearings and extended monitoring of client cases in such courts significantly contribute to attorney workload and in many instances such cases may warrant allocation of full case weight or more. iv. Cases on a criminal or offender first appearance or arraignment docket where the attorney is designated, appointed or contracted to represent groups of clients on that docket without an expectation of further or continuing representation and which are not resolved at that time (except by dismissal). In such circumstances, consideration should be given to adjusting the caseload limits appropriately, recognizing that case weighting must reflect that attorney workload includes the time needed for appropriate client contact and preparation as well as the appearance time spent on such dockets. V. Representation of a person in a court of limited jurisdiction on a charge which, as a matter of regular practice in the court where the case is pending, can be and is resolved at an early stage of the proceeding by a diversion, reduction to an infraction, stipulation on continuance, or other alternative non - criminal disposition that does not involve a finding of guilt, Such cases should be weighted as at least 1/3 of a case. Related Standards American Bar Association, Standards for Criminal Justice, 4-12, 5-4.3. American Bar Association Guidelines for the Appointment and Performance of Defense Counsel In Death Penalty Cases. D iWcl American Bar Association, Ethical Obligations of Lawyers Who Represent Indigent Criminal Defendants When Excessive Caseloads Interfere With Competent and Diligent Representation, May 13, 2006, Formal Opinion 06 -441. L Liftil, The American Council of Chief Defenders Statement on Caseloads and Workloads, (2007). .aid American Bar Association Eight Guidelines of Public Defense Related to Excessive Caseloads. Lin c National Advisory Commission on Criminal Standards and Goals, Task Force on Courts, 1973, Standard 1312. American Bar Association Disciplinary Rule 6 -101, American Bar Association Ten Principles of a Public Defense Delivery System. J Ugllc Standards for Indigent Defense Washington State Bar Association - - - - Page 4 _ - 1325 Fourth -Ave - Suite 600 Seattle, WA 98101 -2539 I � ATTACFEVIENT A STANDARDS FOR INDIGENT DEFENSE ABA Standards of Practice for Lawyers who Represent Children in Abuse & Neglect Cases, (1996) American Bar Association, Chicago, IL. The American Council of Chief Defenders Ethical Opinion 03 -01 (2003) National Legal Aid and Defender Association, Standards for Defender Services, Standards IV -1 National Legal Aid and Defender Association, Model Contract for Public Defense Services (2002). g gK NACC Recommendations for Representation of Children in Abuse and Neglect Cases (2001) ILM City of Seattle Ordinance Number: 121501 (2004) M inljc Seattle -King County Bar Association Indigent Defense Services Task Force, Guideline Number 1 Washington State Office of Public Defense, Parents Representation Program Standards Of Representation (2009) L LInlic Keeping Defender Workloads Manageable, Bureau of Justice Assistance, U S Department of Justice, Indigent Defense Series #4 (Spangenberg Group, 2001) & 5.2 Administrative Costs A. Contracts for public defense services shall provide for or include administrative costs associated with providing legal representation. These costs should include but are not limited to travel, telephones, law library, including electronic legal research, financial accounting, case management systems, computers and software, office space and supplies, training, meeting the reporting requirements imposed by these standards, and other costs necessarily incurred in the day -to -day management of the contract. B. Public defense attorneys shall have 1) access to an office that accommodates confidential meetings with clients and 2) a postal address, and adequate telephone services to ensure prompt response to client contact. 6.1 Investigators Public defense attorneys shall use investigation services as appropriate. Standard 13: Limitations on Private Practice Private attorneys who provide public defense representation shall set limits on the amount of privately retained work which can be accepted. These limits shall be based on the percentage of a full -time caseload which the public defense cases represent. Standard 14: Qualifications of Attorneys 14.1 In order to assure that indigent accused receive the effective assistance of counsel to i which they are constitutionally entitled, attorneys providing defense services shall meet the following minimum professional qualifications: A. Satisfy the minimum requirements for practicing law in Washington as determined by the Washington Supreme Court; and Standards fot Indigent Defense Washington State Bar Association - - - - - - Page 5 1325 FourthAve - Suite 600 Seattle, WA 98101 -2539 i I � ATTACHM ENT A ' STANDARDS FOR INDIGENT DEFENSE B. Be familiar with the statutes, court rules, constitutional provisions, and case law relevant to their practice area; and C. Be familiar with the Washington Rules of Professional Conduct; and D. Be familiar with the Performance Guidelines for Criminal Defense Representation approved by the Washington State Bar Association; and E. Be familiar with the consequences of a conviction or adjudication, including possible immigration consequences and the possibility of civil commitment proceedings based on a criminal conviction; and F. Be familiar with mental health issues and be able to identify the need to obtain expert services; and G. Complete seven hours of continuing legal education within each calendar year in courses relating to their public defense practice. 14.2 Attorneys' qualifications according to severity or type of case A. Death Penalty Representation. Each attorney acting as lead counsel in a criminal case in which the death penalty has been or may be decreed and which the decision to seek the death penalty has not yet been made shall meet the following requirements: i. The minimum requirements set forth in Section 1; and ii. At least five years criminal trial experience; and iii. Have prior experience as lead counsel in no fewer than nine jury trials of serious and complex cases which were tried to completion; and iv. Have served as lead or co- counsel in at least one aggravated homicide case; and V. Have experience in preparation of mitigation packages in aggravated homicide or persistent offender cases; and vi. Have completed at least one death penalty defense seminar within the previous two years; and vii. Meet the requirements of SPRC 2. Attorneys working toward qualification for a particular category of cases under this standard may associate with lead counsel who is qualified undet this standard for that category of cases, 2 SPRC 2 APPOINTMENT OF COUNSEL At least two lawyers shall be appointed for the trial and also for the direct appeal. The trial court shall retain responsibility for appointing counsel for trial The Supreme Court shall appoint counsel for the direct appeal Notwithstanding RAP 15.20 and (h). the Supi eme Court will determine all motions to withdraw as counsel on appeal Standards for indigent Defense Washington State Bar Association - - — - Page 6- - - 1325 Fourth Ave - Suite 600 - Seattle, WA 98101 -2539 ATTACHMENT A STANDARDS FOR INDIGENT DEFENSE The defense team in a death penalty case should include, at a minimum, the two attorneys appointed pursuant to SPRC 2, a mitigation specialist and an investigator. Psychiatrists, psychologists and other experts and support personnel should be added as needed. B. Adult Felony Cases - Class A Each attorney representing a defendant accused of a Class A felony as defined in RCW 9A.20,020 shall meet the following requirements: i. The minimum requirements set forth in Section 1; and ii. Either: a. has served two years as a prosecutor; or b. has served two years as a public defender; or two years in a private criminal practice; and iii. Has been trial counsel alone or with other counsel and handled a significant portion of the trial in three felony cases that have been submitted to a jury. C. Adult Felony Cases — Class B Violent Offense Each attorney representing a defendant accused of a Class B violent offense as defined in RCW 9A.20.020 shall meet the following requirements. i. The minimum requirements set forth in Section l; and ii. Either; a. has served one year as a prosecutor; or b. has served one year as a public defender; or one year in a private criminal practice; and iii. Has been trial counsel alone or with other counsel and handled a significant portion of the trial in two Class C felony cases that have been submitted to a jury. D. Adult Sex Offense Cases A list of attorneys who meet the requirements of prgfictency and experience, and who have demonstrated that they are learned In the law of capital punishment by virtue of training or experience, and thus are qualoed for appointment in death penalty trials and for appeals will be recruited and maintained by a panel created by the Supreme Court, All counsel for trial and appeal must have demonstrated the proficiency and commitment to quality representation which Is appropriate to a capital case Both counsel at trial must have five years' experlence in the practice of criminal law be familiar with and experienced in the utilization of expert witnesses and evidence, and not be presently serving as appointed counsel in another active trial level death penalty case One counsel must be, and both may be, qual{fled for appointment in capital trials on the list, unless circumstances exist such that it is to the defendant's interest to appoint otherwise qualified counsel learned in the law of capital punishment by virtue of training or experience. The trial court shall make, findings offact l f'good cause isfoundfor not appointing list counsel At least one counsel on appeal must have three years' experience in the field of criminal appellate law and be learned In the law of capital punishment by virtue of training or experience. In appointing counsel on appeal, the Supreme Court will consider the list, but will have the, final discretion in the appointment of counsel J UDW Standards for Indigent Defense Washington State Bar Association - - — page 7 - - 1 -325 Fourth -Ave -- Suite 600 - Seattle, WA 98101 -2539 ATTACHMENT A STANDARDS FOR INDIGENT DEFENSE Each attorney representing a client in an adult sex offense case shall meet the following requirements: L The minimum requirements set forth in Section 1 and Section 2(C); and ii. Been counsel alone of record in an adult or juvenile sex offense case or shall be supervised by or consult with an attorney who has experience representing juveniles or adults in sex offense cases. F. Adult Felony Cases - All other Class B Felonies, Class C Felonies, Probation or Parole Revocation Each attorney representing a defendant accused of a Class B felony not defined in Section 2(C) or (D) above or a Class C felony, as defined in RCW 9A.20,020, or involved in a probation or parole revocation hearing shall meet the following requirements: i. The minimum requirements set forth in Section 1, and ii. Either: a. has served one year as a prosecutor; or b. has served one year as a public defender; or one year in a private criminal practice; and iii. Has been trial counsel alone or with other trial counsel and handled a significant portion of the trial in two criminal cases that have been submitted to a jury; and iv. Each attorney shall be accompanied at his or her first felony trial by a supervisor if available. F. Persistent Offender (Life Without Possibility of Release) Representation Each attorney acting as lead counsel in a "two - strikes" or "three strikes" case in which a conviction will result in a mandatory sentence of life in prison without parole shall meet the following requirements: L The minimum requirements set forth in Section 1; 3 and ii. Have at least: a. four years criminal trial experience; and b, one year experience as a felony defense attorney; and C. experience as lead counsel in at least one Class A felony trial; and d. experience as counsel in cases involving each of the following: 1. Mental health issues; and 3 RCW 10,101.060 (1)(a)(id) provides that counties receiving funding from the state Office of Public Defense under that statute must require "attorneys who handle the most serious cases to meet spec fed qualifications as set forth in the Washington state bar association endorsed standards for public defense services or participate in at least one case consultation per case with ogee of public defense resource attorneys who are so qual yled The most serious cases include all cases of murder in the first or second degree, persistent offender cases, and class A felonies, " Standards for Indigent Defense Washington State Bar Association - - -- - - - Page -8— -- -- - - - - - -- -- -1325 Fourth -Ave -- Suite -600 - - -- - - - - -_ _ Seattle, WA 98101 -2539 s - ATTACHMENT A STANDARDS FOR INDIGENT DEFENSE 2. Sexual offenses, if the current offense or a prior conviction that is one of the predicate cases resulting in the possibility of life in prison without parole is a sex offense; and 3. Expert witnesses; mid 4. One year of appellate experience or demonstrated legal writing ability. G. Juvenile Cases - Class A Each attorney representing a juvenile accused of a Class A felony shall meet the following requirements: i. The minimum requirements set forth in Section 1, and ii. Either: a. has served one year as a prosecutor; or b, has served one year as a public defender; one year in a private criminal practice; and iii. Has been trial counsel alone of record in five Class B and C felony trials; and iv. Each attorney shall be accompanied at his or her first juvenile trial by a supervisor, if available. H. Juvenile Cases - Classes B and C Each attorney representing a juvenile accused of a Class B or C felony shall meet the following requirements: i. The minimum requirements set forth in Section 1; and ii. Either: a. has served one year as a prosecutor; or b. has served one year as a public defender; or one year in a private criminal practice, and iii, has been trial counsel alone in five misdemeanor cases brought to a final resolution; and iv, Each attorney shall be accompanied at his or her first juvenile trial by a supervisor if available. I. Juvenile Sex Offense Cases Each attorney representing a client in a juvenile sex offense case shall meet the following requirements: L The minimum requirements set forth in Section 1 and Section 2(H); and ii. Been counsel alone of record in an adult or juvenile sex offense case or shall be supervised by or consult with an attorney who has experience representing juveniles or adults in sex offense cases. Standards for Indigent Defense Washington State Bar Association - - - -- Page - 9 132 -5- Fourth Ave ---Suite -600 Seattle, WA 98101 -2539 I ATTACHMENT A STANDARDS FOR INDIGENT DEFENSE J. Juvenile Status Offenses Cases. Each attorney representing a client in a "Becca" matter shall meet the following requirements: i. The minimum requirements as outlined in Section 1; and ii. Either: a. have represented clients in at least two similar cases under the supervision of a more experienced attorney or completed at least three hours of CLE training specific to "status offense" cases; or b. have participated in at least one consultation per case with a more experienced attorney who is qualified under this section. K Misdemeanor Cases Each attorney representing a defendant involved in a matter concerning a simple misdemeanor or gross misdemeanor or condition of confinement, shall meet the requirements as outlined in Section 1. L. Dependency Cases Each attorney representing a client in a dependency matter shall meet the following requirements: i. The minimum requirements as outlined in Section 1; and I Attorneys handling termination hearings shall have six months dependency experience or have significant experience in handling complex litigation. iii. Attorneys in dependency matters should be familiar with expert services and treatment resources for substance abuse. iv. Attorneys representing children in dependency matters should have knowledge, training, experience, and ability in communicating effectively with children, or have participated in at least one consultation per case either with a state Office of Public Defense resource attorney or other attorney qualified under this section. M. Civil Commitment Cases Each attorney representing a respondent shall meet the following requirements: i. The minimum requirements set forth in Section l; and ii. Each staff attorney shall be accompanied at his or her first 90 or 180 day commitment hearing by a supervisor; and iii. Shall not represent a respondent in a 90 or 180 day commitment hearing unless he or she has either: a. served one year as a prosecutor, or b. served one as a public ublic defender, or one year in a private civil Y commitment practice, and C. been trial counsel in five civil commitment initial hearings; and Standards for Indigent Defense Washington State Bar Association -!---------Page-10 -4 325 -Four -th- Ave -quite -600 + l I Seattle, WA 98101 -2539 � ATTACIRVIENT A ' STANDARDS FOR INDIGENT DEFENSE iv. Shall not represent a respondent in a jury trial unless he or she has conducted a felony jury trial as lead counsel; or been co- counsel with a more experienced attorney in a 90 or 180 day commitment hearing. N. Sex Offender i°Predator" Commitment Cases Generally, there should be two counsel on each sex offender commitment case. The lead counsel shall meet the following requirements: L The minimum requirements set forth in Section 1; and ii. Have at least: a. Three years criminal trial experience; and b. One year experience as a felony defense attorney or one year experience as a criminal appeals attorney; and C. Experience as lead counsel in at least one felony trial; and d. Experience as counsel in cases involving each of the following: 1. Mental health issues; and 2. Sexual offenses; and 3. Expert witnesses; and e. Familiarity with the Civil Rules; and f One year of appellate experience or demonstrated legal writing ability. Other counsel working on a sex offender commitment cases should meet the Minimum Requirements in Section 1 and have either one year experience as a public defender or significant experience in the preparation of criminal cases, including legal research and writing and training in trial advocacy. O. Contempt of Court Cases Each attorney representing a respondent shall meet the following requirements: L The minimum requirements set forth in Section 1; and ii. Each attorney shall be accompanied at his or her first three contempt of court hearings by a supervisor or more experienced attorney, or participate in at least one consultation per case with a state Office of Public Defense resource attorney or other attorney qualified in this area of practice. P. Specialty Courts Each attorney representing a client in a specialty court (e.g., mental health court, drug diversion court, homelessness court) shall meet the following requirements: L The minimum requirements set forth in Section 1; and ii. The requirements set forth above for representation in the type of practice involved in the specialty court (e g., felonry, misdemeanor, juvenile); and iii. Be familiar with mental health and substance abuse issues and treatment alternatives. ! Standards for Indigent Defense Washington State Bar Association - - - -- - - - -- -- Page 1 -1- - - -- — - -- - - - -- - - -- -- - - -- -- 13- 25- I -oorth Ave -- -Suite 600 Seattle, WA 98101 -2539 ATTACHMENT A ' STANDARDS FOR INDIGENT DEFENSE 14.3 Appellate Representation. Each attorney who is counsel for a case on appeal to the Washington Supreme Court or to the Washington Court of Appeals shall meet the following requirements; A. The minimum requirements as outlined in Section 1; and B. Either; i. has filed a brief with the Washington Supreme Court or any Washington Court of Appeals in at least one criminal case within the past two years; or ii. has equivalent appellate experience, including filing appellate briefs in other jurisdictions, at least one year as an appellate court or federal court cleric, extensive trial level briefing or other comparable work. C. Attorneys with primary responsibility for handling a death penalty appeal shall have at least five years' criminal experience, preferably including at least one homicide trial and at least six appeals from felony convictions, and meet the requirements of SPRC 2. RALJ Misdemeanor Appeals to Superior Court; Each attorney who is counsel alone for a case on appeal to the Superior Court from a Court of Limited Jurisdiction should meet the minimum requirements as outlined in Section 1, and have had significant training or experience in either criminal appeals, criminal motions practice, extensive trial level briefing, clerking for an appellate judge, or assisting a more experienced attorney in preparing and arguing an RALJ appeal. 14.4 Legal Interns A. Legal interns must meet the requirements set out in APR 9. B. Legal interns shall receive training pursuant to APR 9 and in offices of more than seven attorneys, an orientation and training program for new attorneys and legal interns should be held. i Standai ds for Indigent Defense Washington State Bar Association 1-3-2-5-Fourth-Ave - -Suite -600- -- — - - - - -- - - - - - Seattle, WA 98101 -2539 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ eeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee SUBJECT. Office of Public Defense Grant Study Session Date March 13, 2013 Acceptance — 2013 COUNCIL MEETING Date March 20, 2013 Department Municipal Court Presenter Dawn Nelson Phone 473 -5242 SUMMARY The Bremerton Municipal Court applied to the Office of Public Defense for a grant and was awarded a grant in the amount of $15,000 00 The funds are intended to be used for improving the quality of public defense services, including continuing to adjust pay compensation for contracted attorneys, adding attorneys to reduce public defense caseloads, and complying with the new Supreme Court Public Defense Standards ATTACHMENTS Letter of Acknowledgment and Face Sheet FISCAL IMPACTS (Include Budgeted Amount) The OPD funding is a revenue source for $15,000 to be used directly for public defense in the City of Bremerton Municipal Court The funds will be fully expended as part of the 2013 Public Defense Contract There are no matching funds needed STUDY SESSION AGENDA ❑x No Discussion ❑ Full Presentation STUDY SESSION ACTION ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION. Move to accept the grant from the Office of Public Defense in the amount of $15,000 COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 � � � w w 1 0 dl WASHINGTON STATE (360) 586 -3164 Internet Email opd @opd wa gov OFFICE OF PUBLIC DEFENSE FAX (360) 586 -8165 October 9, 2012 I Dawn Nelson ; Court Administrator Bremerton Municipal Court 550 Park Avenue Bremerton, WA 98337 f Re Chapter 10 101 RCW Application for City Grant Funds 1 Dear Ms Nelson { The Washmgton State Office of Public Defense (OPD) is pleased to announce the award of RCW 10 101 080 City Grant funds to the City of Bremerton The total projected award is $15,000 for use in 2013 Enclosed is a short Grant Agreement for your review and signature by an authorized representative of the City of i Bremerton The signed Grant Agreement should be returned to OPD by October 31, 2012 A conformed copy will be sent you your records A copy of OPD's policy on authorized uses is enclosed The grant funds will be mailed to you in mid - December If you want the check mailed to a different person or office, please let us know If the City of Bremerton uses state BARS coding, these grant funds should be received under BARS revenue code 334 01.2X. Chapter 10 101 RCW requires cities awarded funds to demonstrate to OPD that they are either meeting the public defense standards referenced in RCW 10.101.030, or that the funds received are used to make appreciable demonstrable improvements in the delivery of public defense services In addition, the Washington Supreme Court recently adopted statewide Standards for Indigent Defense and Attorney Certification of Compliance OPD's Public Defense Services Managers are available to assist the city and its public defense attorneys in implementing these new Supreme Court requirements Please feel free to contact Kathy Kuriyama at (360) 586 -3164 We look forward to receiving the city's mid -year report in July 2013 (as required in the Grant Agreement), as well as visiting your program at least one time during the year Sincerely, �i panne Moore, Director Enclosures c Presiding Judge James M, Docter, Bremerton Municipal Court 711 Capitol Way South Suite - f 06 P — Box 40957 Olympia, Washington 98504 -0957 Grant Agreement No. GRT13192 I ' FACE SHEET WASHINGTON STATE OFFICE OF PUBLIC DEFENSE 1- Grantee - - - -2 Grantee Representative City of Bremerton Dawn Nelson 345 6th Street, Suite 600 Court Administrator _ Bremerton, WA 98337 Bremerton Municipal Court 550 Park Avenue Bremerton, WA 98337 3. Office of Public Defense (OPD) 4 OPD Representative 711 Capitol Way South, Suite 106 Joanne I Moore PO Box 40957 Director Olympia, WA 98504 -0957 Office of Public Defense 711 Capitol Way South, Suite 106 PO Box 40957 1 Olympia, WA 98504 -0957 5. Grant Amount 6 Grant Period $15,000 January 1, 2013 through December 31, 2013 7. Grant Purpose The Chapter 10101 RCW city grants are competitive grants for the purpose of improving the quality of public defense services in Washington municipalities See Chapter 10101 RCW ) i The Office of Public Defense (OPD) and Grantee, as defined above, acknowledge and accept the terms of this Grant and attachments and have executed this Grant on the date below to start January 1, 2013 and end December 31, 2013 The rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by reference Special Terms and Conditions of the City Grant and General Terms and Conditions of City Grant FOR THE GRANTEE FOR OPO i Name, Title > r• SzrviCe$ Jo$Dine i Moore, Director AAanacier _ ' I 0 Date Date AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ ��a��0MaM000N000000N00000N SUBJECT. Basic Life Support Agreement Study Session Date 3 -13 -13 between Handlers Racing Association, the COUNCIL MEETING Date 3 -20 -13 City of Bremerton and South Kitsap Fire & Department Fire Rescue Presenter Al Duke, Fire Chief Phone 473 -5380 SUMMARY This is a three way agreement between the Race Handlers Association, the City of Bremerton and South Kitsap Fire & Rescue to provide one fire engine with Firefighter and one Firefighter /EMT as a minimum This agreement has been on -going for a number of years The Race Handlers Association will reimburse the City at the actual cost The Fire Department shall hire individuals on overtime to cover the event and not take away from the on -duty staffing ATTACHMENTS Agreement for Basic Life Support Services between Race Handlers Association, the City of Bremerton and South Kitsap Fire & Rescue FISCAL IMPACTS (Include Budgeted Amount) A budget adjustment will need to made at the end of the contract, but will be cost neutral STUDY SESSION AGENDA 0 No Discussion ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION Move to approve the Basic Life Support Agreement between the Race Handlers Association, the City of Bremerton and South Kitsap Fire & Rescue and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/0212011 BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN THE CITY OF BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION This Agreement is entered into between SOUTH KITSAP FIRE & RESCUE, a Washington State Municipal Corporation, hereinafter referred to as the "DISTRICT ", the City of Bremerton Fire Department, a Washington State Municipal Corporation, hereinafter referred to as "CITY," and HANDLERS RACING ASSOCIATION, a Washington nonprofit corporation, and the principals in HANDLERS RACING ASSOCIATION, namely GORDON HOWELL and BARBARA HOWELL, husband and wife HANDLERS RACING ASSOCIATION and the principals therein shall hereinafter be referred to as "ASSOCIATION," and shall each be jointly and severally liable for all obligations imposed upon the ASSOCIATION herein The ASSOCIATION has requested the CITY and the DISTRICT to provide basic life support services at BREMERTON RACEWAY regarding raceway events to be held commencing in April 2013, and concluding in October 2013 The scheduled race dates are set forth as follows April 5 May 3 June 1 July 5 August 16 September 20 October 11 April 6 May 4 June 2 July 6 August 17 September 21 October 12 April 7 May 5 June 3 July 7 August 18 September 22 October 13 April 26 May 10 June 14 July 12 August 23 September 27 April 27 May 11 June 15 July 13 August 24 September 28 April 28 May 12 June 16 July 14 August 25 September 29 May 31 June 28 July 19 June 29 July 20 June 30 July 21 These said dates will hereinafter be referred to simply as "race dates" The CITY and the DISTRICT, through their career firefighters have agreed to provide the services hereinafter set forth on the race dates 2013 Basic Life Support Services Agreement Between City of Bremerton Fire Department And Handlers Racing Association Page 1 of 7 Now, therefore, in consideration of the foregoing recitals, and the promises and covenants of the parties hereinafter set forth, they agree as follows 1 Services provided The CITY and DISTRICT, through their career firefighters, will provide a fully equipped fire truck together with one firefighter and one Firefighter /EMT, at a minimum, on each race date Indicated herein CITY and DISTRICT personnel at each race date event shall be prepared to provide basic life support services and be equipped with radio communications to request Immediate response of advanced life support services In the event such services are required The CITY and DISTRICT will coordinate staffing and equipment for each event The fire truck and firefighters will be prepared to provide Immediate fire protection The response goal of the CITY's and DISTRICT's resources Is estimated to be approximately 60 seconds from notification of Incident It is expressly understood the response services will be provided in a safe manner according to CITY and DISTRICT standard operating procedures CITY and DISTRICT personnel will also have the ability to request additional personnel and resources as required Notwithstanding anything to the contrary, however, if emergency conditions are present In the territorial areas served by the CITY and /or DISTRICT on any race date, which conditions require the services of the equipment and personnel covered by this Agreement, then and in any such event, the services and equipment to be provided by the CITY and DISTRICT on any such race date shall be withdrawn In the event emergency conditions prevent the providing of CITY and /or DISTRICT personnel and equipment, a representative of the CITY and /or DISTRICT shall attempt to notify GORDON HOWELL or BARBARA HOWELL as soon as possible at (360) 674 -2280 Service times On Friday race dates, the services provided by the CITY and DISTRICT shall commence at 4 00 PM and shall end at approximately 9 00 PM The May 31 race and the June 28 race events shall begin at 1100 AM On the race dates falling on Saturdays, the services to be provided by the CITY and DISTRICT shall commence at 9 00 AM and shall cease at approximately 6 00 PM On Sunday race dates, the services to be provided by the CITY and DISTRICT shall commence at 9 00 AM and end at approximately 7 00 PM 2013 Basic Life Support Services Agreement Between City of Bremerton Fire Department And Handlers Racing Association Page 2 of 7 2 Compensation For each race date event on which the CITY and DISTRICT provides the service Identified herein, the ASSOCIATON shall compensate the DISTRICT at a rate of the District's actual staff overtime cost plus $250 per weekend for equipment usage and fuel Compensation checks will be made payable to "South Kitsap Fire & Rescue," and tendered to the DISTRICT at 1974 Fircrest Drive SE Port Orchard, WA 98366, within 10 days of receiving an Invoice from the DISTRICT office The CITY shall provide the DISTRICT Its actual overtime staffing costs within 5 days of each event for which the City provides staffing and Is entitled to compensation PROVIDED, HOWEVER, if the CITY and /or the DISTRICT representatives appear at a race event to provide the services called for herein, and if the races that day are canceled for any reason, or rained out, compensation shall be paid to the DISTRICT at a minimum of 2 hours 3 Orientation by ASSOCIATION From time -to -time, the ASSOCIATION shall conduct orientations at Bremerton Raceway at times mutually agreeable to the ASSOCIATION and CITY/ DISTRICT, to allow CITY and DISTRICT personnel who are new to the facility to familiarize themselves with the different types of race cars and their characteristics and the services they may be called upon to provide On March 16, and March 30, from 10 00 AM to 3 00 PM, the ASSOCIATION will conduct extended technical inspections at the Bremerton National Airport parking lot CITY and DISTRICT personnel may Inspect and orient themselves to all types of race cars participating In the ASSOCIATION events 4 Location of CITY and DISTRICT personnel and equipment on race dates On each race date, the ASSOCIATION shall provide a safe area for the CITY and DISTRICT equipment to be located and their respective personnel to observe rate events The ASSOCIATION shall also provide to the CITY and DISTRICT personnel, and their equipment, an immediate response route to access racing equipment and spectators 5 ASSOCIATION representative An ASSOCIATION representative shall be designated and available throughout each race day event on which CITY and DISTRICT services are provided, to meet with CITY and DISTRICT personnel to answer any questions and address any concerns CITY and DISTRICT personnel may 2013 Basic Life Support Services Agreement Between City of Bremerton Fire Department And Handlers Racing Association Page 3 of 7 have The ASSOCIATION representative designated on each race date shall seek to diligently solve any concerns raised by CITY and DISTRICT personnel to the satisfaction of CITY and DISTRICT personnel 6 Insurance coverage Prior to the commencement of CITY and DISTRICT services hereunder, the ASSOCIATION shall deliver to the CITY and DISTRICT, for review by the CITY and DISTRICT's insurance representative, a copy of the ASSOCIATION's insurance policy covering race day events, which policy shall provide acceptable coverage for CITY and DISTRICT property damaged at any race day event, liability coverage for the benefit of CITY and DISTRICT personnel regarding any and all property damaged by CITY and DISTRICT personnel, liability coverage regarding any injury to persons caused by CITY and DISTRICT personnel, and coverage for any injuries occurring to CITY and DISTRICT personnel Prior to commencement of the CITY and DISTRICT services identified herein, the said insurance policy must be reviewed and accepted in writing by the CITY and DISTRICT insurance representatives, to their mutual satisfaction The said insurance policy must also provide that it will not be canceled or altered in any fashion without first providing the CITY and DISTRICT thirty (30) days advance written notice 7 Hold harmless In addition to the insurance coverage provided in section 6 hereof, the ASSOCIATION shall fully and completely, defend, indemnify, and hold the CITY and DISTRICT, their personnel, and CITY and DISTRICT representatives, harmless from any and all liability, of every kind and nature whatsoever, to which the CITY and DISTRICT, their personnel, or representatives are subjected, or are threatened to be subjected to, because of services provided herein and the attendance of the CITY and DISTRICT, their personnel and equipment at such events IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE ASSOCIATION'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER 8 Termination This Agreement, and the services provided by the CITY and DISTRICT herein, except as provided below, shall terminate at the conclusion of the last 2013 Basic Life Support Services Agreement Between City of Bremerton Fire Department And Handlers Racing Association Page 4 of 7 race date event on October 13, 2013 Provided, however, and notwithstanding anything to the contrary herein, any party may terminate this Agreement and the services and obligations contained herein by providing the other parties with advance written notice of its intent to terminate this Agreement at least ten (10) days prior to the termination date stated in the notice All said termination notices, and other written notices, shall be directed to the parties at the following address Handlers Racing Association at 2219 SW Pine Road, Port Orchard, WA 98367, and to the City of Bremerton Department at 911 Park Avenue, Bremerton, WA 98337 and South Kitsap Fire & Rescue at 1974 Fircrest Drive, Port Orchard, WA 98366 9 Cooperation of the parties The parties shall strive to cooperate with one another at all times so the terms and spirit of this Agreement may be fully implemented in a safe and harmonious manner 10 Complete Agreement This Agreement constitutes the full and complete Agreement of the parties and shall supersede any prior verbal or written agreements and understanding of the parties regarding the matters contained herein Any changes or amendments hereto shall be in writing and signed by all parties 11 Legal action In the event legal action becomes necessary to enforce the terms of this Agreement, or regarding the terms of this Agreement, the prevailing party(s) in any such action shall be entitled to receive from the losing party(s) its /their reasonable attorney fees and costs involved in the action The venue for any such action shall lie in Kitsap County, Washington 12 Authority to sign The individuals signing this document in a representative capacity, hereby warrant and represent that they possess full legal authority to bind their respective organizations to the terms thereof 2013 Basic Life Support Services Agreement Between City of Bremerton Fire Department And Handlers Racing Association Page 5 of 7 HANDLERS RACING ASSOCIATION Date of signing , 2013 by by GORDON E HOWELL BARBARA F HOWELL President Secretary/Treasurer PRINCIPALS IN ASSOCIATION Date of signing , 2013 by by GORDON E HOWELL BARBARA F HOWELL 2219 SW Pine Road 2219 SW Pine Road Port Orchard, WA 98367 Port Orchard, WA 98367 (360) 340 -4463 (360) 340 -4463 2013 Basic Life Support Services Agreement Between City of Bremerton Fire Department And Handlers Racing Association Page 6 of 7 CITY OF BREMERTON: Date of signing 1 2013 By Its Approved as to form Attest ROGER LUBOVICH SHANNON CORIN City Attorney City Clerk South Kitsap Fire & Rescue Date of signing , 2013 By by PAUL GOLNIK, Board Chair DUSTY WILEY, Board Vice Chair By by GERALD PREUSS, Commissioner DAVE GELSLEICHTER, Commissioner By by WAYNE SENTER, Fire Chief RICHARD GROSS, District Secretary 2013 Basic Life Support Services Agreement Between City of Bremerton Fire Department And Handlers Racing Association Page 7 of 7 AGENDA BILL CITY OF BREMERTON to CITY COUNCIL SUBJECT: Ordinance No 5208 amending Study Session Date March 13, 2013 Chapter 9A 32 and Chapter 9A 44 of the COUNCIL MEETING Date March 20, 2013 Bremerton Municipal Code Department City Attorney's Office Presenter Roger A Lubovich Phone 473 -2345 SUMMARY: The proposed ordinance amends Chapter 9A 32 by adding language relating to cyberstalking and further amends Chapter 9A 44 of the Bremerton Municipal Code to update provisions relating to unlawful transit conduct and indecent exposure ATTACHMENTS. Proposed Ordinance No 5208 FISCAL IMPACTS (Include Budgeted Amount) None STUDY SESSION AGENDA ❑x No Discussion ❑ Full Presentation STUDY SESSION ACTION. ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION Move to pass Ordinance No 5208 amending Chapter 9A 32 of the Bremerton Municipal Code entitled "Assault" and amending Chapter 9A 44 of the Bremerton Municipal Code entitled "Public Disturbances " COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 ORDINANCE NO. 5ao 8 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 9A32 of the Bremerton Municipal Code entitled "Assault" and amending Chapter 9A 44 of the Bremerton Municipal Code entitled "Public Disturbances " WHEREAS, the City Council desires to amend Chapter 9A 32 of the Bremerton Municipal Code to add language relating to cyberstalkmg and further to amend Chapter 9A 44 of the Bremerton Municipal Code to update provisions relating to unlawful transit conduct and indecent exposure, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Chapter 9A 32 of the Bremerton Municipal Code entitled "Assault" is hereby amended to read as follows CHAPTER 9A.32 ASSAULT 9A.32.010 ASSAULT. RCW 9A 36 041 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full 9A.32.020 RECKLESS ENDANGERMENT. RCW 9A 36 050 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full 9A.32.030 COERCION. RCW 9A 36 070 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full 9A.32.050 HARASSMENT. RCW 9A 46 020 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full 9A.32.060 TELEPHONE CALLS TO HARASS, INTIMIDATE, TORMENT OR EMBARRASS. The following sections of Chapter 9 61 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full RCW 9 61 230 Defined RCW 9 61 240 Permitting telephone to be used RCW 9 61 250 Offense where deemed committed 1 Criminal Code Update 2013 9A.32.070 DOMESTIC VIOLENCE - STATE STATUTES ADOPTED BY REFERENCE. Chapter 10 99 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full 9A.32.080 ORDER FOR PROTECTION AND RESTRAINING ORDER - STATE STATUTES ADOPTED BY REFERENCE. RCW 26 09 300 and Chapters 10 14 and 26 50 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full 9A.32.090 CUSTODIAL INTERFERENCE. The following statutes of the State, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full RCW 9A 40 070 Custodial interference in the second degree RCW 9A 40 080 Custodian interference - Assessment of costs - Defense - Consent defense, restricted 9A.32.100 INTERFERING WITH THE REPORTING OF DOMESTIC VIOLENCE. RCW 9A 46 150 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full 9A.32.110 STALKING. RCW 9A 46 110, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full 9A.32.120 CRIMINAL MISTREATMENT. The following sections of Chapter 9A 42 RCW, with the exception of those provisions contained therein from which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full RCW 9A 42 005 Findings and intent - Christian Science treatment - Rules of evidence RCW 9A 42 010 Definitions RCW 9A 42 035 Criminal mistreatment in the third degree RCW 9A 42 037 Criminal mistreatment in the fourth degree RCW 9A 42 040 Withdrawal of life support systems RCW 9A 42 045 Palliative care. RCW 9A 42 050 Defense of financial inability RCW 9A 42 080 Abandonment of a dependent person in the third degree - Exception RCW 9A 42 090 Abandonment of a dependent person - Defense RCW 9A 42 110 Leaving a child in the care of a sex offender 2 Criminal Code Update 2013 9A.32.130 SEXUAL MOTIVATION. RCW 9 94A 835, entitled "Special allegation - Sexual motivation - Procedures," is adopted by reference as currently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full 9A.32.140 CYBERSTALKING. RCW 9 61260, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time and shall be given the same force and effect as if set forth herein in full SECTION Z Chapter 9A 44 of the Bremerton Municipal Code entitled "Public Disturbances" is hereby amended to read as follows CHAPTER 9A.44 PUBLIC DISTURBANCES 9A.44.010 DEFINITIONS. The following definitions are applicable in BMC 9A 44 020 through 9A 44 080, unless the context otherwise requires (a) "Peace" as used in the phrase "public peace" means the tranquility enjoyed by members of a community where good order presides (b) "Public place" means an area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots and buildings open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them (c) Unreasonably disrupts" means to substantially impair the conduct of a meeting by intentionally committing acts in violation of implicit customs or usages or of explicit rules for governance of the meeting he or she knew, or as a reasonable man or woman should have known 9A.44.020 DISORDERLY CONDUCT. RCW 9A 84 030 is adopted by reference as currently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full 9A.44.030 FAILURE TO DISPERSE. RCW 9A 84 020 is adopted by reference as currently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full 9A.44.040 EXPECTORATING. It is unlawful for a person to expectorate upon the floor, walls or furniture of any public conveyance, public building or any store open to and used by the public 9A.44.050 MISCHIEF ON BRIDGES. It is unlawful for any person to intentionally (a) Throw, drop or otherwise cause any object or missile to be thrown, dropped or released from any portion of any bridge, including the bridges crossing the Port Washington Narrows, commonly known as the Bremerton -Manette and Warren Avenue Bridges, or 3 Criminal Code Update 2013 (b) Jump, leap or go upon with the intent of jumping or leaping from any portion of any bridge, including the Port Washington Narrows, commonly known as the Bremerton - Manette and Warren Avenue Bridges 9A.44.060 UNLAWFUL BUS TRANSIT CONDUCT. RCW 9 91 025 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full and vvaLaa kno wledge that stieh eenduet is 7 6r snielder«ing pipe or- crgarc ccer (2) Dts r-ds l,tte« other t d ted o :. .. 11 Lll.+l Lll ul r�lr c rc�rgn u�v �r - rcc�i t a[c 1 n.T, - (3) P lays my rad io a er -de „tl,e« s ou nd pr- equipmen exeep th ne herein shall pr-ehibit use of stieh equipment whea eenneeted to eafphenes that ltmit the seund-to the i ndiv i dual liste « th e o f et. d a b an em of the 6 er- of t f a veh iele, yr (4) Spits -or- expeete -a4es, er eause hafm te ethers, exeept that nothing her-eta shall prevent a per-son ffein eafr-ying a , ei l, ..,t �n «' ^•' r a J b a fi « e L Vll 111 K w ay th t e prohibited by law (b) A n unir Y 1 t t 1, 1 1 des every mots el"ele, s t« t , t rain , t ll L t pubhe high ay, (2) is evffied or- operated by the Kitsap Counly Pubhe Transit Authefity, and (3) is used fer- the purpose of eaffytng passengers, tegethef with ineidental baggage and ffet&, on a ,1., eked le 9A.44.065 URINATING IN PUBLIC. (a) A person is guilty of the crime of urinating in public if he or she intentionally urinates or defecates in a public place, other than a washroom or toilet room, or at a place and under circumstances where such act could be observed by any member of the public (b) Any violation of the provisions of this section shall be an infraction, and any person found in violation shall be subject to a penalty not to exceed two hundred fifty dollars ($25000) 9A.44.070 INDECENT EXPOSURE RCW 9A 88 010 with the exception of those provisions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time and shall be given the same force and effect as if set forth herein in full (a) (1) A per-son is guilty ef lewd eenduet if he intentionally per-femis a lewd aet in a pubhe (2) The e ete of the ,bh &y o . a_m_ r � / e tl e M KLV l VL j.Jl L�111 e to t he intent, yv ell, a lil its le ,1 et i n b p tm L een �' uw (b) zewd ae " means (1) Pub he o f - ,tt � / " j r •••• a uv Va one' a 1 , b L •,, •• pe f th f ema l e b reast be' ' e f the o te el t op ' 1, o f th ef � / a� a �b g F t breast, 4 Criminal Code Update 2013 (4) Pubbe sexual tn4efee (. ) n e" 6r- "p display" faean - ealo from p + i er ughfiff or- ffem (u) This e hapter- shall not be eenstfued to prohibit (2) Classes e....naf -s and legit'wes held f t� ed uea 4 ien � � �, � va uvicza . uiav � , ( o not ebseene- 9A.44.080 INTRODUCING CONTRABAND IN THE THIRD DEGREE. RCW 9A 76 160 is adopted by reference as currently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full 9A.44.090 RIOT. RCW 9A 84 010 is adopted by reference as currently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full ) 9A.44.100 PEDESTRIAN INTERFERENCE. (a) The following definitions apply in this section (1) "Aggressively beg" means to beg with the intent to intimidate another person into giving money or goods (2) "Intimidate" means to engage in conduct which would make a reasonable person fearful or feel compelled (3) "Beg" means to ask for money or goods as a charity, whether by words, bodily gestures, signs, or other means (4) "Obstruct pedestrian or vehicular traffic" means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact Acts authorized as an exercise of one's constitutional right to picket or to legally protest, and acts authorized by a permit issued pursuant to the Bremerton Municipal Code, shall not constitute obstruction of pedestrian or vehicular traffic (5) "Public place" means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and grounds enclosing them (b) A person is guilty of pedestrian interference if, to a public place, he or she intentionally (1) Obstructs pedestrian or vehicular traffic, or (2) Aggressively begs (c) Pedestrian interference is a misdemeanor 9A.44.110 LASERS. Chapter 9A 49 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full 5 Criminal Code Update 2013 SECTIONS. Severabilrty 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 4. 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 day of 5 2013 GREG WHEELER, Council President Approved this day of , 2013 PATTY LENT, Mayor ATTEST APPROVED AS TO FORM SHANNON CORIN, City Clerk ROGER A LUBOVICH, City Attorney PUBLISHED the day of , 2013 EFFECTIVE the day of , 2013 ORDINANCE NO R \Legal\Legal \Ordinances \legal \Chapter 9A Criminal Code update 2013 doc 6 Criminal Code Update 2013 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No 3190 approving Study Session Date 3/13/13 Pacific Avenue Head -in Angle Parking COUNCIL MEETING Date 3/20/13 Adjacent to the Downtown Post Office Department PW &U Presenter Fndriksson Phone 473 -2354 SUMMARY: The proposed redevelopment of Pacific Avenue will provide multiple benefits, including sustainab►lity through drainage improvements, traffic calming, reduced vehicular speeds, and implementation of pedestrian corridor improvements as identified in the Non - Motorized Transportation Plan adopted by City Council in 2007 and the Downtown Regional Center Sub Area Plan dated December 19, 2007 To improve parking on Pacific Avenue at the Post Office, head -in angle parking is proposed WAC 308 -330 recommends a resolution by Council approving angle parking and authorizing temporary street closures as appropriate ATTACHMENTS Resolution No 3190, Parametrix Parking Memo FISCAL IMPACTS (Include Budgeted Amount) None implementation of the head -in angle parking will be included in the scope of the upcoming Pacific Avenue project STUDY SESSION AGENDA ❑x No Discussion ❑ Full Presentation STUDY SESSION ACTION px Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION. Move to pass Resolution No 3190 to approve head -in angle parking on Pacific Avenue adjacent to the Downtown Post Office frontage COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 RESOLUTION NO. 3 19 O A RESOLUTION of the City Council of the City of Bremerton, Washington, to modify parking on Pacific Avenue along the Downtown Post Office frontage from parallel to head -in angle parking WHEREAS, residents have requested, and the City identified a need for additional on- street parking on Pacific Avenue along the Downtown Post Office frontage, and WHEREAS, BMC 10 04 010 adopts the Model Traffic Ordinance as set out in the Washington Administrative Code (WAC) Chapter 308 -330, and WHEREAS, in order to permit angle parking on a city street, WAC 308- 330- 270(4) recommends a resolution by the City after the City's Traffic Engineer has conducted an engineering and traffic investigation, and WHEREAS, the City Engineer has conducted an engineering and traffic investigation regarding installing head -in angle parking along the Pacific Avenue frontage, and WHEREAS, changing Pacific Avenue parallel parking spaces to head -in angle parking spaces would significantly increase the amount of on- street parking spaces on Pacific Avenue, and WHEREAS, the City Council finds that modifying Pacific Avenue along the Downtown Post Office frontage to be nose -in angle parking increases available public parking spaces on Pacific Avenue, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS SECTION 1. Head -in angle parking on Pacific Avenue along the Downtown Post Office frontage shall be created as determined by the City Engineer and consistent with the City Engineer's engineering and traffic investigation SECTION 2. The Public Works and Utilities Department may temporarily close any part or all of Pacific Avenue to traffic during construction as deemed necessary SECTION 3. Severability If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect 1 Pacific Avenue SECTION 4. Effective Date This Resolution shall take effect and be in force immediately upon its passage PASSED by the City Council of the City of Bremerton, Washington this day of 1 2013 GREG WHEELER, Council President APPROVED AS TO FORM ATTEST ROGER A LUBOVICH, City Attorney SHANNON CORIN, City Clerk 2 Pacific Avenue ENGINEERING . PLANNING. ENVIRONMENTAL SCIENCES 4660 KITS" WAY, SUITE A BREMERTON, WA 98312 -2357 T 360 377 0014 P 360 479 5961 www pammetnx com TECCOHNUCAL MEMORANDUM L7613 �� DID o wAS `fi Date March 1, 2013 c� To Gunnar Fridriksson, P E - City of Bremerton From David Dmkuhn, P E - Parametiix Subject Angle -In Parking Options Analysis �� ('� i &314 GIsT� C? cc Tom Knuckey, P E - City of Bremerton Chal Martin, P E - City of Bremerton��i Project Number 233 - 1896 -112 Project Name Pacific Avenue Improvements - 6th to 11th This technical memorandum presents the results of an analysis of angle -in parking options for the Pacific Avenue Improvements project Specifically, an analysis of angle -in parking options for the area in front of the Post Office was conducted The analysis was performed at the request of the City in response to recent public comments regarding packing demand As described below, a parking configuration consisting of six head-in/back out stalls was found to be optimal and is recommended The of iginal parking design concept for the area was parallel packing — resulting in a total of three parking stalls An analysis of a head- in/back out configuration was conducted due to the desirability of this configuration in an urban commercial- retail center Parking stall layout was optimized using Washington State Department of Transportation (WSDOT) dimensional standards and an analysis of passenger vehicle turning movements was conducted using current American Association of Highway Transportation Officials (AASHTO) guidelines A six -stall configuration at a 60- degree angle was found to provide the maximum number of stalls within the available space As shown on the attached figure, passenger vehicles using this layout are able to back out without encroaching into the adjacent pedestrian crosswalk Since the more desirable head -in configuration was found to work well, a back- in/head out configuration was not analyzed AGENDA BILL CITY OF BREMERTON _ CITY COUNCIL SUBJECT: Purchase of 2008 Crafco Study Session Date March 13, 2013 Supershot 125D crack sealer from Partner COUNCIL MEETING Date March 20, 2013 Construction Products Department Public Works & Utilities Presenter Jim Orton Phone X5359 SUMMARY: In 2013 the Street Department will begin scheduled street repair and maintenance The majority of the work that City crews will be undertaking is a crack sealing /Raised Pavement Markers (RPM) replacement program In order to accomplish this task the Street department will require a crack sealing machine A request for quotes was sent out for a used machine and two quotes were received (see attached) The Street Department requests authorization to purchase a 2008 Crafco Supershot 125D from Partner Construction Products of Seattle WA in the amount of $27,293 35 including Washington State sale tax ATTACHMENTS: Bids from Partner Construction and from J &K Associates FISCAL IMPACTS (Include Budgeted Amount) This is not a budgeted item in the 2013 budget Funding will come from the Street Fund, with a category budget adjustment to follow later this year This adjustment will not change the aggregate total for the Street Expense Fund STUDY SESSION AGENDA ❑ No Discussion ❑x Full Presentation STUDY SESSION ACTION N Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION Move to authorize the purchase of 2008 Crafco Supershot 125D crack sealer from Partner Construction Products of Seattle WA in the amount of $27,293 35 including WA state sales tax COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 PARTNER CONSTRUCTION PRODUCTS INC. PAVEMENT MAINTENANCE MATERIALS AND EQUIPMENT Remittance to: 208 - 932.6683 206-932 -6681 FAX Washington Warehouse: Bob Major 3518 W. Marginal Way SW 8965 Sands Ave NE Terminal 7 -B Bainbridge Island, Wa. Seattle, Wa. 98106 206 - 932 -6683 98110 QUOTATION bmaJord1northsound.net Data Salesman Customer I Bid date I F.O.B 11912013 BOB BREMERTON MAJOR Customer: CITY OF BREMERTON PUBLIC WORKS Phone: 360- 473 -5359 ATTN. JIM ORTON tn(?a mbremerton wa us FAX: Project: USED CRAFCO CRACK SEALER PRICE QUOTE QTY Unit Description Unit Price Amount $ 1 EA 2008 CRAFCO SUPERSHOT 125D S/N XXXX8286 $ 25,132.00 $ 25132.00 HOURS -1935 $ NEW MATERIAL PUMP INSTALLED 1113 $ _ 3 CYL ISUZU DIESEL $ OR $ 1 EA 2009 CRAFCO SUPERSHOT 125D SIN XXXX8014 $ 28 839.52 $ 28,839.52 HOURS 1320 $ 3 CYL ISUZU DIESEL $ S $ BOTH MELTERS ARE IN EXCELLENT MECHANICAL $ CONDITION AND ARE STORED INSIDE UNDER COVER. $ WE ARE CURRENTLY REPLACING THE MATERIAL PUMP $ ON THE 2008 SINCE IT WAS SHOWING ITS AGE AT THE END $ OF LAST SEASON. THE MATERIAL TANK IS CHIPPED OUT $ AND CLEANED IN THE PROCESS. $ 1 EA NEW CRAFCO SUPERSHOT 125D 45 DAYS LEAD TIME $ 39,500.00 $ 39,500.00 $ ABOVE PRICES EXCLUDE WA STATE SALES TAX $ _ $ $ f Prices may vary with quantity, state tag to be added where applicable. This agreement is contingent upon strikes or other delays beyond our control c lia ' • •' • - INC • . • N DEMAND FEATURES: DIESEL FUELED 420 N. Roosevelt Ave. - Chandler AZ 85226 1.800 - 528.8242 - (602) 276 -0406 - FAX (480) 961 -0815 www.cmfco.com APRiL 2011 GENERAL The propose of these specification is to describe a double -boiler type melter applicator that is specifically designed for and shall be capable of beating and applying all grades of asphalt rubber sealan fiber del asphalt sealant and specification joint sealant without hither equipment mod on. It may be used for the application of immune, colored sealant and fillers This unit shall be the mennRctoret's currant production model meaufacdnnd in the United States of America. The machme shall be capable of starting at ambient temperature and bringing the sealant material up to application temperature in one hour or less All qualified bidders must have and maintain a complete inventory of repair pmts and have experienced feetory-tiamed service personnel for this cgmpmeat A comprehensive safety manual and an ogidationaUm intenance CD shall be supplied with each umL A feetory-tamed person shall be made available for initial start -up and ttauung in the operation of the metier The material should be heated in a kettle or welter constructed as a double boiler, with space between the inner and outer shells filled with oil or other heatrtraosfia medium. Thermostatic control for the heat - transfer medium shall be provided and shall have suffrcrmt sensitivity to mamtam awl= temperatnme within the menufsetruer's specified 8130cstiation temperature range. Temperature indicating devices shall have mtwals no greater then 5°F (2 8°C) and shall be calibrated as required to assure accuracy The mcher shall have continuous sealant agitation and a mixing system to provide uniform viscosity and temperature of material being applied. Do not attempt to apply 2- component or PVC coal tar products with ibis unit REQUIRED SAFETY FEATURES The unit shall have a safety shutoff feature on the lid that mitomatrcally stops the agitator when the hd is opened. The applicator wend shall be equipped with an automate shutoff featma that will stop the now of sealant when the handle rs released or dropped. The sealent line pressure will automatically cease when the sealan flow 0 stopped. The operator shall not be required to perform any additional activity other than releasing the wand tugger switch to cease sealant line pressure. There shall be no valves is the Ire to allow interruption of sealant flow fiom the pump to the wand end The lest transfer oil shall adequately and efficiently bring the sealant material to apphcahon temperature without the use of a heat transfer o circulation pump. This cbmmates the potential exposure of personnel to pressurized hot heat transfer oil. TOWING FRAN Z AND JACK Thus unit shall be trailer mounted. The longitudinal side fames and tongue members of the trailer shall be on one continuous piece construction composed of bot rolled steel channel having the minimum dimensions of 4 inches (10 16 cm) web, 3/16 inch ( 48 cm) thickness with 159 mch (4 01 cm) flanges. The configuration of the channels shall be cold formed with the on the outside 8angea resulting in a one -pieta flame member with no eroas welding of or on the flanges to avoid any possibility of flange stress cracking The tougue shall be equipped with an appropriate heavy duty hall or pmde hitch and shall be adjustable in height above ground level from a minimum of 14 inches (35 6 cm), to a maximum of 32 mch es (81 3cm), permitting practically level towing with a wide range of towing vehicles. The towmg hitch shall be bolted to the hitch plate for easy height adjustment and/or conversion to other type hitches A screwy -port tunpe jack shall be fimnishe& It shall be a heavy duty type with a load capacity of 7,000 Bounds (3,175 kg) and it shall be side mounted and swing away for positive road clearance while under tow RUNNING GEAR The unit shall be equipped with a single independent rubber torsional suspension having a safe load capacity of 5,200 pounds (2268 kg), electric Makes, modular wheels and ST225n5 R15 toes (Load Range D) This suspension ehmmatea sprmgs aid shackles that nest and reduce ground clearance The molter shall have dual LED taillights, stop lights and turn signals. Lights shall be ICC approved. A license plate holder shag be attached to the driver's side tadbghL All molter fluid tanks shag be positioned no lower than the deck level, mounted on top of the channel flame members to assure prober ground clearance The unit shall also be equipped with two safety chains not less than 48 mcbes (1219cm) of 31 inch ( 79 cm) coil proof cham, attached to the tongue with a drilled type clevis pin on the end attached to the frame and straw type clevis pm on the opposite end Total slopping weight is approximately 2,800 pounds (1,2701x8) HEATING TANK The material heating tank shall be a minimum of 37 inches (93 98 cm) diameter by 28 75 inches (73 02 cm) deep having a mmrmum capacity of 133 75 gallons (506.3 1) at ambient temperatim The tank will have a tear fr jacket shall create a reservoir that shag hold a minimum of 34 8 one 129 Qandre om the pump and rear plug outlet A double boiler type gall ( 1) require no more than 40 gallons (152 1) of heat ttanafar oil at 70 (Note. at 500 (260 the heating oil will expand approximately 18%) The jacket shall wrap wound 100% of the outside area of the circular material tank and Bottom and allow for complete circulation of the Heated transfer oil The tank and jacket shall be made of not less than 3116 mch ( 94 cm) rolled sheet stwL There shall be one plug to allow the entire beat transfer oil system to be dtamed. The heat transfer oil shall be of ISO grade 68 EXPANSION TANK A sealed expansion tank for but transfer oil shag be provided to mmrmrze oil oxidation and prevent moisture condensation into the beet transfer oil Overflow down tubes am unacceptable HYDRAULIC SYSTEM The hydraulic art= shall moorporste a single hydraulic pump to power the agitation and pumping system. All valves shall be solenoid operated by toggle switch and wand handle switch The controls will allow far bidirectional operation of the sealant pump A flow control valve will be mounted on the rear of the unit to allow the operator to adjust the pump operational speed. The minimum 26 gallon (98 42 1) hydraulic tank will be equipped with an internal 10 -micren f dl flow filter The filter shall be equipped with a restriction mdicater to Indicate the need for sernce A sight gap level indicator equipped with a thermometer to measure oil temperature will be mounted on the tank and located where it is easily viewed. INSULATION The besting tank shall be insulated with a mmrmum of 1 inch (2 54 cm) thick high tem4ierattue ceramic insulation and covered by a 22 -gauge (07®) steel outer wrapper Fiberglass and rock wool insulation are unacceptable due to their moistme retention properties resulting in a signtficmt loss of then insulating value over an eighteen -month period. LOADING HATCH A low profile angled ltd opening for loading shall be required at the top of the material tank and shall be located on the curbside of the machine for operator safety The loading height shall be a mmimum of 50 inches (127 em) and shall not exceed 59 inches (149 em) for correct ergonomic hftmg and fume exposure This will allow the operation of the egwpment, including sealant loading, from cuibsrde Loedmg systems that require the operator to step onto the melter are mmsceeptable The opening shall have a minimum area of 252 square inches (1,625 square cm), while not exceeding 275 square inches (1,774 square cm) in order to prevent heat loss, and shall be lunged to allow placement of a block of sealant onto ltd and closure of hd for easy, aobh- splash loading. HEATING SYSTEM The beat transfer oil is heated by one 12 -volt 250,000 BTU high efficiency fbmW air diesel fired burner dnoctly at the bottom of the limit iransfer oil tank. The total arm exposed to the burner shall be a minimum of 5,244 square mches (33,632sq cm) The material tank shall have a minimum of 4,267 square inches (27,529sq cm) of oom act with the heat trimsfer od This provides fora melt rate of 1,000 pounds (454 kg) per hour IGNITION OF BURNER The burner shall be lit by a constant duty high voltage transformer powering an electric spark ignitor This ignitor shall work in conjunction with a sensor that detects a lack of burs or ignWon and shuts down the fuel supply The thermostat control is located on the curbside of the machine for operator safety INTEGRATED CONTROL SYSTEM The molter applicator shall have ekxtiome thermostat controls that will automatically regulate hot oil, material and hose temperatures and in turn display these tempetadnss on digital readouts. The controls shall operate at temperature ranges needed for proper application of sealant They shall be activated by a single power switch, which will then turn on the agitator and pump at the proper time by use of interlocks The interlock for the agitation system will not allow the agitator to be activated until the material temperature reaches 275° and the interlock for the pumping system will not allow the pump to be activated until the hose temperature reaches 325° All temperature cowls shall be contained in a single weatherproof oontiol box This control box shall also contain the engin e ignition controls, hour meter and any engine gauges DRIVE AND DRIVE CONTROLS The motive force to the aguator and material pump shall be hydraulic motors driven by a single hydraulic pump The drive controls governing the rotational speed of the material pump shall be controlled by adjustable hydraulic valves The drive controls governing the speed of the material pump shall be controlled fiom the rear of the mWime The material pump will have mfimte speed control and is electrically actuated by a toggle switch on the control panel or a switch on the hand wand, AGITATION The sealant material shall be mixed by a hydraulically driven, full sweep vertical agitator with two opposing horizontal paddles and vertical rises attac ed to the ends This feature ensures that material remains in complete suspension and that the hot material stays in the lower area of the tank and does not get splashed or thrown to the upper areas of the tank The agitation system shall be chain driven fiom the hydraulic motor to the agitator The agnatar rotates in both directions For additional safety the agitator will shut off automatically when the loading batch is opened. BI-DIRECTIONAL VARIABLE SPEED PUMPING UNIT A hardened steel gear pump is located in the I of die matenal tank attached to the bottom of the tank. Pumping of material is controlled by a switch on the hand wand and output is controlled hydraulically The pump and agitator drive shaft stands vertically attached to two motors on the top surface of the tank. One motor rotates an axial tube having radial mums blades at the chamber bottom The second motor drives a coaxial shaft running through the tube to the pump Sealant pumping shall be on demand When pumping stops, all line pressure and sealant flow shall stop No external plumbing or reticulation back into the tank is acceptable No internal or external valves shall be used in the pumping and sealant delivery system. The pump shall be capable of dehvering sealant at a rate that exceeds the malt rate of the unit ACTIVE PUMP PROTECTION The pump shall be completely encircled by a protective screen. The screen shall not allow anything larger than % inch (1 27 cm) in size to pass from the sealant tank into the pump suction port. The screen shall continuously rotate 360° around the pump whenever the sealant agitator is engaged. The active screen will protect the pump from foreign object damage and will self -clean as it rotates around the sealant pump and suction POIL SEALANT HOSE AND APPLICATOR WAND Both the hose and wand are boated by low voltage electric current and are temperature regulated. Due to weight and safety consideration, an oil - jacketed hose is unacceptable The hose shall be specially manufactured for handlmg hgwd asphalt products up to 500"1 (260"C) at 500 par (34 47 bar) working pressure Hose shall not be leas than 18 feet (5 48 m) in length. For maxmrum operator safety it shall be made of stainless steel braid with a 3/4 inch (191 cm) inside diameter and shall be Teflon Imed. Further, it shall be heavily insulated to prevent hot material floor leaking oat. Total diameter of the lose shall be not greater than 2 1/4 inch (5 72 cm) The total weight of the hose shall not exceed 20 pounds (9 07 kg) The hose is to be wrapped with a mmnmum of three electrical wues with termmal ends. The wins will be capable of heating the hose to 400"F (204 °C) in leas than 45 minutes and have variable temperature control capability. A digital readout displays the temperature. The hand wand shall be constructed of steel with sufficient strength to withstand normal day - today operation. Material flow is controlled by a trigger switch. For greater operator mobility, the connection between the wand and hose shall be tbrougb a 360 swivel There shall be no obatructron or valves between the material pump and the wand end The losers supported by a 6 R boom (183 m), which swivels side to aids on dual pillow block bearings The boom >s centered at the rear of the machine ENGINE The unit shall be equipped with a diesol engine complying with the following specifications Electric Start Three Cylinder 25 4 HP (18 84 kw) 314" (79 7 mm) Stroke Constant Speed Mechamcai Governor 68.6 eum. (1 12 n Displacement Full Flow Oil Filter 3 05" (77 4 mm) Bore 22 to 1 Compression ratio Water Cooled The engine speed is preset at the factory for optimal alternator ou4m to prover the heated wand and Bose Engine Shutdown Package (low oil pressure & high temperature) FUEL CAPACITY The metier shall have a 26 gallon (98 42 1) diesel flicl tank for operation of the entire umL The unit will be capable of operating for a minunum of 12 hours on one tank of fuel The tank shall be equipped with hill length sight gauges for fuel level indication protected in a steel cover PAINT All painted surfaces shall be coated with DuPont two-part epoxy prmoer and DuPont two-part urethane paint applied by DuPont certified painters OPTIONS (X If to be Included:) 2 -S /16 inch Ball Hitch 2 inch Pmde Hitch 3 inch Pmtle Hitch 2 inch Ball Hitch V -shaped Squena (Qty 3 inch Apphcator Disk Cold Air Lance 1!2 inch round Sealing Tip Extra Electric Hose Hot Air Lance Lockable Battery Cover Extra Hydraulic Filter Auto Loader Lockable Engine Cover Fire Extrnguisher Mounted on the Trailer Frame Sealant Tip Adapter Mast Mounted Strobe Light Tool Box Overnight Heater Custom Paint Hitch Extension, 29° Hitch Extension, 34° TRAINING An authorized, factory- tramed representative will be made available for a full day of training at a facility designated by the bidding agency At this training session a complde operational, mechanical and safety overview will occur The CD manual will be viewed and discussed with all concerned persormeL Addmonally, the representative will be available at that tmie for "on the job" safety and field tramm& SAFETY AND TRAINING MANUALS A written Safety Manual will be provided to the bidding agency PARTS Bidders must show proof that a large stock of parts for the model of equipment upon which he is bidding is maintained at his facility AWARD Equipment is for use by the Highway Department and must meet the requirements of that agency as interpreted by the Highway Commissioner: Prior to award the Purchasing Agency may require a vast to the supplier's facility to assure supplier has plant capacity to manuf etu er and deliver equipment on time as required If it is determined that the supplier cannot supply as requested, this is dust cause for cancellation WARRANTY The manta ictiuer shall warranty the equipment for one year or as otherwise noted in the manufacturer's standard warranty policy QUALIFICATIONS OF BIDDERS No bid will be considered unless the bidder can meet the following conditions 1 That it has in operation a PoWservice location and keeps a sufficient stock of parts on hand at all tines. 2 That it is bidding upon the stock model chassis that meets the requirements of the specifications without material changes or modtfications The model a reguLuly advertised and sold as having a capacity of not less than called for herein The bidder has been engaged in the manubeturc of equipment of the type bid upon for at least twenty -foar months. APPROVED EQUAL The approved make and model for this specification is a Cn*o Super Shot 125 Diesel Fueled Melter Applicator for crack sealing. Bidders oflbrmg to supply other than the approved maim and model must supply a detailed descrption of the equipment being othred. For purposes of comparison a separate list of all deviations to this specification must be attached to your bid document Pnor to bid award an on -site demonstration of the equipment offered may be requested. All bidders o that then mint co lies with all &8 other than the approved model listed will be required to provide an on -site demonstration to ven fY rep specification requirements before then bid will be considered. Failure to carry out the provisions noted herein is deemed sufficient reason to reject the biddcea proposal. 3 J &K ASSOCIATES 323 2 0d Ave. Snohomish, WA 98240 Phone: 206- 940 -6924 Fax: 425 -827 -2481 www.jandkassociatesequip.com E -mail: jimsauersoa hotmad.com January 7, 2013 Mr. Jim Orton Fleet Manager City of Bremerton 100 Oyster Bay Ave N Bremerton, WA 98312 Mr. Orton, We are pleased to propose the 2013 Marathon Trailer Mounted Crack and Joint Sealing Equipment. This unit is a new /demonstrator, used for trade show purposes. The Rubberized asphalt sealer is equipped as follows: KERA 451ED Diesel Fired Rubberized Asphalt Kettle Traffer • 2900lbs • 171 overall length • 80" wide • 82" height • 43" loading height Material Vat • Round bottom material vat with a 145 gallon operating capacity Oil Jacket • Oil jacketed vat with a 30 -gallon capacity, heating 3,447 sq. in. • Hydraulic motor drives a 20 Slim rotary gear pump • Drain plug located in the bottom front of vat to release condensation Insulation • 2" fiberglass insulation all sides, bottom has 2" Insulation plus 1 '%" ceramic cover Overskin • Outside cover in 14ga. HRMS and welded Cover • Loading door is 18" x 26" curb -side reverse load, anti- splash • Top mounted oil expansion tank Trailer • Trailer is 5" all steel welded construction • Adjustable 18" to 30" latch with 3" portal eye • Two 3500 lb axles with leaf springs • Four (4) FT4225 x 75R15 tires 10 ply Trailer (cont.) • Stop, turn and tail lights • 14 gauge fenders welded • Electric brakes • Adjustable 5,000 lb. swivel jack • 3/8" x 4 ft. trailer safety chains Power • 26 by liquid cooled Kohler diesel engine with electric start, which provides power to the hydraulic system • 18 gallon fuel tank • 12 volt battery in a weather proof battery box Hydraulic System • Hydraulic system is direct drive by engine to control agitation, heating oil circulation and sealant delivery system • 12 gpm rotary gear pump • 18 gallon hydraulic oil reservoir Agitation • Hydraulic driven agitation system • Drive linkage to agitator comes with bronze bushings • Floating reciprocating agitation system • Scrapes complete round bottom • Mounted on sealed pillow block self - aligning ball bearings • Three (3) position, forward and reverse control valve Under -fired Heating System • One (1) 320,000 BTU diesel burner • Exhaust stacks with rain covers • Automatic temperature control with auto ignition, controls the oil and material temperatures • One (1) 1500 watt, 110 volt electric overnight heater Sealant Delivery & Heated Hose System 2" Roper pump • Driven by hydraulic motor • Patented 18 ft. Oil Heated Hose system- double plumbed, hose within a hose, aircraft quality braided, with Teflon lmmg Heat bath oil circulated around and in full contact with sealant line • No clean out required • 4 -ft. wand. trigger control, double plumbed hot oil circulating with Y4" nozzle and shoulder strap. No heat compartment required. No hose clean out when using re- heatable sealant. No re- circulating of material back to vat. No air blow out required. • 60" swmg arm Temperature Indicators • -50°F to 550 °F sealant temperature mdreator • -50°F to 550°F oil vat temperature indicator Price F O.B. Bremerton, WA $33,940 00 Additional Budget Options Available: • Electric Breakaway Switch c/w Battery . add $350.00 • 10 lb. Fire Extinguisher c/w Bracket.. add $229.00 • Strobe Light add $395 00 • "Slow Moving' Vehicle Sign ... add $109.00 • Flashing Arrow Stick Traffic Advisory with Controller.. add $1,290.00 • 80 CFM Air Compressor with 40 ft air Hose...add $10,200.00 • Patented 25 ft. Oil Heated Hose System, in lieu of standard ..add $650.00 • 200,000 BTU Hand Held Vapor Propane Torch c/w 15 ft Hose and Bottle holder add $425 00 • Electric Brakes, rear axle. add $175 00 • Hydraulic Surge Brakes... add $1,490.00 • Hydraulic Surge Brakes, both axles ... add $1,740 00 • Tool Box.. add $325 00 • 2" Gravity Pour Molasses Valve ... add $950.00 • LED Trailer Lights add $250 00 • Micro Switch to stop agitation when lid is opened ... add $125.00 • 1/8" Concrete Tip ... add $20.00 • %" Concrete Tip.. add $20.00 • 3" OD Banding Disc Tip.. add $20.00 • 3" OD Swivel Sealing Shoe Tip ... add $148 00 • 5" OD Sealing Shoe .add $149 00 • Electric Fuel gauge ... add $229.00 • Green Burner light indicator... add $300.00 • Custom Paint ... add $250.00 • Vapor Hot Air Crack Cleaner HACC2V with shield igniter, for extreme conditions, increased heat, increased airstream velocity, heated air temperature 600 ° - 2500° degrees, exit heated air G 3000 ft per second, propane 5 to 20 psi, lance weight with strap. 11 Ibs add $2,557 00 • Wheel Kit for Hot Air Crack Cleaner $27100 Delivery 6 -8 weeks after receipt of order. Payment required within 30 days after receipt of equipment. Note- The highlighted items are recommendations only for the purpose of customer ease and safety of operation. Sincerely, Jun Sauers AGENDA BILL CITY OF BREMERTON CITY COUNCIL 7A SUBJECT: Ordinance No 5209 amending Study Session Date March 13, 2013 Chapters 15 01 and 15 04 of the Bremerton COUNCIL MEETING Date March 20, 2013 Municipal Code relating to stormwater Department Public Works & Utilities Presenter Chal Martin Phone 473 -5758 SUMMARY: This Ordinance updates the provisions of Chapter 15 04 of the Bremerton Municipal Code relating to stormwater and updates definitions set forth in Chapter 15 01 of the Bremerton Municipal Code and makes related changes ATTACHMENTS: Staff Summary and Proposed Ordinance No 5209 FISCAL IMPACTS (Include Budgeted Amount) None STUDY SESSION AGENDA ® No Discussion ❑ Full Presentation STUDY SESSION ACTION. -9 8eneent Agenda- XGeneral Business ❑ Public Hearing Ct +twt Was taped down �wK -?ke- CVwse*t- + 'qyekdq) RECOMMENDED MOTION: Move to pass Ordinance No 5209 amending Chapter 15 01 and Chapter 15 04 of the Bremerton Municipal Code relating to stormwater and making other related changes COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 BMC Title 15 01 and 15 04 Update Background Information for City Council Study Session In January 2007, the Washington State Department of Ecology issued the Western Washington Phase II Municipal Stormwater Permit to the City of Bremerton This Permit regulates discharges from Small Municipal Separate Storm Sewers (MS4s) in Western Washington in compliance with • State of Washington Water Pollution Control Law, Chapter 90 48 Revised Code of Washington • Federal Water Pollution Control Act Title 33 United States Code, Section 1251 et seq • The National Pollutant Discharge Elimination System, 40 CFR 122 EPA Administered Permit Programs The Stormwater Permit is very specific in defining the requirements for compliance The Permit is issued to the City of Bremerton and applies to all City activities with compliance oversight and reporting from Public Work & Utilities The City of Bremerton is required to have regulatory authority to carry out the provisions of the Stormwater Permit and covers • Illicit Discharge Detection and Elimination • Controlling Runoff from New Development, Redevelopment and Construction Sites • Pollution Prevention and Operation and Maintenance for Municipal Operations Title 15 01 and 15 04 updates provide the City with regulatory tools needed to comply with the Stormwater Permit requirements by 1) Adopting the following manuals and standards for development and O &M • "Washington State Stormwater Guidance Manual for Western Washington" (SWMMWW) by Department of Ecology • "Low Impact Development Guidance Manuals" (LID) • "Kitsap County Stormwater Management Manual" • "City of Bremerton Standards of Work in the Rights -of -Way" • "City of Bremerton Engineering Design and Construction Standards" 2) Providing regulatory support to develop and implement policies and procedures to meet requirements of the Stormwater Permit Specific language is required to be in Bremerton's municipal code or included by reference to • Provide framework for development permitting and review process • Promote and allow the use of LID for stormwater control • Provide authority for inspection of stormwater facilities, monitoring and escalated enforcement, if needed, to comply with permit requirements ORDINANCE NO. 5a 0'? AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending the stormwater provisions of Chapter 15 04 of the Bremerton Municipal Code and the definitions set forth in Chapter 15 01 of the Bremerton Municipal Code WHEREAS, the City Council desires to update the provisions of Chapter 15 04 of the Bremerton Municipal Code relating to stormwater and to update the definitions set forth in Chapter 15 01 of the Bremerton Municipal Code and make related changes, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Section 15 01 of the Bremerton Municipal Code entitled "General Provisions" is hereby amended to add a new section as follows 15.01.015 STANDARD UPDATES The Public Works Director or designee is authorized to update and revise all Standards in this title as deemed appropriate SECTION 2. Section 15 01 020 of the Bremerton Municipal Code entitled "Definitions" is hereby repealed in its entirety and a new section, Section 15 01.020 entitled "Definitions" is hereby created to read as follows 1 G Al 020 DE ITi0NS :Mfi4 tpFmi; li se d ill th title shall meaff the fellewing, exeept where the eefite*t etheFw1se r n daily shail mean the total "antity dwided by the sHom—h-eff- of n n n n bstanees into the distfibutten system of the Sup pubhe water- > > n r and pr-event baek siphenage or- bask flem " BaSM r ifteluding, but not 11fafted to, " Best rr n n > > Pr-event Or. r-e&ee Pollution 14 and desefibed in the Manual 1 Stormwater Code Updates " five (9) days eA twenty (29) degrees eentigFade- ( (1 ) girls"...„.,." " ,le " the "ts and Fo.Y,oyal_ef 1... �otat ....,. teehateal, or- ekeffileal Methods (2) "Capital " > > legal fees, land, fight of > > " " " a"f «"a in RGW QA 24 020( a nd - " " i nv olved ..t the pr- e a„"t. o ,..,£.... o .,n_o.._l iv es te e L_f f than five (5) yeffs, wolsoss; Ohme id-le land is r-egisteFed ift a fed-eimw of st—Fite sim- eealsopfoatiofi- > > er- drainage " system The eemeetien fee will melude the eests of tapping the water- mam, sewer- or- stefffiwater- > > " " 2 > > " GFitteal areas faeans as defined in the City's Ofitie.-All O-Ediftaflees, mohieb inelude wetlands, afeas with a entieal r-eehar-ging off-eet aft aquifeFs used for- potable water- > geelegieall areas Am An Rees fa as ifieltmhog tmstable slepes, > > dEmn > > sewage, Bypass > > and " " 2 Stormwater Code Updates () "Petent.e.,rr fne s the rele of ste..... m ate...., eff &om the site at a slower- mte than it is eelleeted by the stofmwatoF faeil" f the differ-eflee being held ill temp efafy Stefage " Detention rr means an above @F below gr-otmd f tank pend or- Fmo than it is ealleated by the dfainage f6eility system Them is little or- no infiltmtien ef stefed AOMWat F- r n shall mean the Difeetef: of Publie Wefks and Utilities er- my " Drainage other- duly authemed r-opr-esentative designated by the Pffeetef as the per-sea Fespensible fe basin watefshed- Le\ ! 1 \ rr i 3ti t (E RU) shall 7i ) sha ... ni t o f flea .... of fi . «a a„ C C'Ctl' t II f wind f g eolo g teal age Detael..,..ent and m ov e me nt of se.l a eek fi n b water-, f f t f Of: gFaVity n n f n fh r ffil„ ... a nt et vvratcva "Ernes' vaken" meae t, mee t o _t1. t 1 " Ercistmg site n fReaffs l;e...le..ele..e . l sites ...tl. ste..... F ail t tL, t h b eem senstmeted to fneet the standards in the minimum r-equirements of the ordifianee eedified Hi this seetien e*istmg site eenditions shall mean the emsting eenditiens en the site >re...le e.l sites that .le t ha te to f � 1 t tl, t t .. � .... ... .. t, .. . t �,� c c�nee n sr v c - acvrczr -ric vrcrc x vv-c ri a c- niwc the fainifaum f ercisting site eenditions shall faean the eenditions that existed pne to leenl 5 n e a vr e ..den v a et at.e n ..,l of the e ee.7.fie.1 .n th s .. et.en TF est.e the st.e f .. a.,fe bn d000mented by n a nl,et ,1 1, appr-epm � l r � r h f + Fe all -sites n n v t sen lit Sys 4er-" y s e a .s.n .1 Z � s f t b t .. c 4 =varJ iv For- all undeveleped sites outside efwater- "a!" sonsitive f emstmg site eenditiens shall faean the existing eenditiens en the site- " EMended n f sanit n n r n designatiefis of the Feder-a! Emer-geney Management Ageney and the National Reed Insufanee f e lefine � ' —` (g) (1 rr a nnrr nnn n n n .rl .n tL. C t. r `b' \ vavbavasaa� a f f 3 Stormwater Code Updates sliding, m4hEraake or- other- goologteal > > > distRbutien, tmosfoissiefiF eolleetlefi, later-eeption, aed Stefoge faellitles that will be paid by flow eidstaffleFs to the Cloy utility P v " " " pmvefits er- r-etffds the entry of water- into the soil faande as tmder- natuml eenditiefis pfler- to > > patios, > > paeked mtheo mateneAs, and eiled, " five htmdfed (2,500) squo&e feet of impeFvieus suFfeee or-ea For- puTeses ef eemputatien ef rates and > > " " " Pafking lot n apaftmofit > > ete " Dnveway n " Sump pump stefffiwater- Pmeff te a sewer- systefa er- to the gF@tmd suffaee A sump pump that oolleets an 4 Stormwater Code Updates feetpant to be eemeeto--d to Oh-e- 'WARAffy Sewef System This to dhe high Potefitt eentmination of releAtvely elean gr-eund water- by homan waste, deter-gents er. other. heasehold " IMPFOved r shall fnean any mea whish has been altered soob that VV " Industfial n thouseAd �wo hundfed (1,200) and ene thousand eight huftdfed (1,899) failliffaffis per- hter- n r stefmwateF systefa &eugh open pipe joints, I M-w-ambele walls, and cfaeked !7\ nT l- fl o .,rr sb,.11 faean ,,.ter or . o ther ..le,.«_ water _ that e«tefs the s «A... > ea b asins, y&F an f em d a t ieft d mins, manhole oevefs, and other- openings to the wastewmef syste 0\ 0\ " batefel n diameter-, eenstmeted within a pubite fight of way between the famalmeAmok sewer- and the rr r " Mafmal n n r of individual gRoder- > > eenstmetion > a t wafflu repatfs, or- dfiving ever- the gRade pump tank or- apptHUnaoees, emising damage The Difeeter- has the diser-ehen to deteffflime whether- of fiet an r n r means, m the following ef;deF of pr-efer-onee aetion and its *mplefaentation by using appr-opfiate teehaelogy or- by taking affifmative steps to avoid of: r-eduee impaets-, affeeted e De 1,,...« , ., el.«.. «.,t. «.. the . ,, ,t e time by « «e.er.,..t..« And IV Compensation for- the irapaet by > en or- prwvidiffg " Multi r an (2) residential if-ving tMits f IN r n means the leeatieft efthese > swa pr-opefty p n r aetivities > me eens > > eenver-siens &efn timber- land te other- uses, and subdivision and sheft subdivision of land as 5 Stormwater Code Updates n & M eests opefaung and maintaining the uhlity System, > but not neeessaRly limited to, laber-, supplies and > > and e..ts " Oeoupied r n plan n r > > > > Fadleaettw health or- other. s4stanee mte emy wateFs of the swe as will or. is likely to er-ea4e a fmismee or- mode > or- to > > to 1westeek, wild > > fish or. other- aquatle life [2\ "P shall fa ean sin gle t..,,et e f land 1.,,.1.1..... > pe ., (3) " Premises " " PE-essiffive r n rr shall fneaft any > e > fieu the pubho sewers n A A Faetit s efl an a d eve l epe d si > S d eve i epmen t ffle eens A- f - A h - A' - ; ffl_ Affi: I SIA - h — R I S - A d-emqRstwo-man- loas been pr-ev*eusly identified as having existmg a r develepments or- areas wAin a drainage basin- " Reimbwsement n shall mean an agmement enter-ed into installer- fef: all or- pai4 of the eests for- tastallation or- eMeasieft ef the Utility System n r designed eithef to hold wateF fer- a eensider-able length of time and then release it by evaper-atiefl, pleffit > an ifi to th gFoun or- to hold suffaeo and steFmwater- fu n n > t Fmspef t , of: dispose of waste mauer- not eenstituting stofm eF suffaee water- permitted by er- under- this Gede te enterr the sewer- systefa 6 Stormwater Code Updates r \ " Sept., a ^*err ^hell fae wa ste etv al_Pum ^ e " Sewage " shall faeon the liquid wastes and all eenstituents thefem that efe relmed to the use ef soeh sanitation > tellets, bathtubs, Showes, sinks, dishwashes, washing > gafbage gmdefs, > my othef wFAef: that enters sanitar-y or- oefabined sewefs befefe er. after- disehafge by a user- shall thereafter. Oise be ealle rr rr n n /Al "Single fi gail p ff eel a pat" shall m ean a par- w h.eh_ h as be developed wA a single family liviag unit " Site " development " Slope " ratio, > the fifst flumber. is the fifty (50) per-eent slope ExpEessed in > > -;I 4filifiety (90) degFees slope bomg vei4ieal (fammatma) and fefty five (4 5) degrees being a- n r > > oil er- a dead end sump n n system, utility piping meluding the eest of all manholes, distfibutieff System, r n k%Hik or- lateml Saflftffy Sewer- of the City, &Eeept these G" sewer. lines idefitifieEl by4he n n rr " twelve (12) mehes in diameter- and eefistfueted to awerdanee with etffent uttlity standards " Standafd water- n eight (8) mehes to diameter- and eensWdeted in weekkiftee with euffent Utility stand rr n means that peftion efpmeipiteAten that does net natufally evaporate, but flows via ever4md flow, mtefflow, ohaimels of: pipes n " > eetivey, > n n System, dfafRage > > swales, ditehes, eulvei4s, stmet 7 Stormwater Code Updates guaer-s, > n Manual " Manual " DesigH Manual (Novefabor- 1992) and Slieh other- Standffds of the G" ffieefpomtod to the " System rr (P) "St9M O W SyS n (t) Ti "T-99" — tetel isp eaded s o l i d s ) S h a ll «,e f.etonels th eAe. > > > sewage, liquids, and whieh are /„1 !1 \ rri l e,.ele«e.l « eels" sh fa ean any par- o f F eel p h a "Uneeeopied r n rr n r to whieh > > n n shall faean the water-, wastewater-, and steffawater- utility systeffis of the Gitf- n r anyuser- whose wastewater- e*eoods "Wastewater-2 shall mean liquid wastes, and all eenstituents disselved e suspeaded > residential, eefammial, or- industnal users of the wastewate n n " Sewage n n system pumping, tfoating, and disposing of sewage, n system" "Water—shed" > > or- bedy of water- as identified and nombeFed by the State of washfflg4 " Wetlands " r > I; > pfe-valeftee of vegetation Pfpteally adopted fef life ift satffatod set! eenditiefis 15.01.020 DEFINITIONS. The terms used in this title shall mean the following, except where the context otherwise requires "Active Account" shall mean an account that has current usage, billing and payment activi 8 Stormwater Code Updates "Active Water Service" shall mean that the water meter for the service location has registered consumption "AKART" shall mean All Known, Available, and Reasonable methods of prevention, control, and Treatment See also the State Water Pollution Control Act, RCW 90 48 010 and RCW 90 48 520 "As- graded" shall mean the extent of surface conditions on completion of rgrading_ "Average daily" shall mean the total quantity divided by the number of days of waste or stormwater discharge or water use by the typical user in a user class "Backflow" shall mean the flow of water or other liquids, mixtures or substances into the distnbution system of the public water supply from any source or sources other than the intended source "Backflow prevention device" shall mean a device to counteract back pressure and prevent back siphonag-e or back flow "Bulkhead" shall mean a seawall or rock embankment constructed along the waterfront to protect the land behind it from erosion by waves and tidal action of the sea "Cubic feet" (CF) shall mean cubic feet of measure "Caliper" shall mean the diameter of any tree trunk as measured at a height of four feet above the ground on the upslope side of the tree "Capital costs" shall mean the total costs of physical system improvements (exclusive of repair and replacement costs covered under operation and maintenance costs), including, but not limited to, the costs of direct construction, en mg eenng, financing, legal fees, real estate, n t -of- way, debt service, and other costs associated with such improvements "Cleanng" shall mean the destruction and removal of vegetation by manual, mechanical, or chemical methods This definition shall include grubbing vegetation "Cleanng and Grading Permit" shall mean the wntten approval of the City of Bremerton building inspector to proceed with the act of cleanng_propeM within the city limits of Bremerton The Cleanng and Gradmg Permit includes the associated approved plans and an y conditions of approval as well as the permit form itself "Combined sewer" shall mean a sewer intended to convey sanitary sewage, mdustnal wastes, and storm and surface water in a single system "Commercial I" shall mean any user whose business or non - residential wastewater discharges whose total suspended solids and biochemical oxygen demand is less than 201 mg/1 "Commercial II" shall mean any user whose business or non - residential wastewater discharges whose total suspended solids and biochemical oxygen demand ranges from 401 to 600 mgll "Commercial III" shall mean any user whose business or non - residential wastewater discharges whose total suspended solids and biochemical oxygen demand ranges from 201 to 400 mg/1 The commercial III user shall have some form of pre - treatment in place to reduce the discharge strength The user must have an appropriately sized, properly installed regularly maintained and sufficiently documented type of treatment device in place to help reduce the strength of their sewer discharge "Commercial business with living units" shall mean a business with residential living units attached, the utility rates will be based on the business type "Commercial property" shall mean a parcel of property which is developed for nonresidential purposes 9 Stormwater Code Updates "Commercial Special" shall mean any user whose business or non - residential wastewater discharge whose Total Suspended Solids (TSS) and Biochemical Oxygen Demand (BOD) exceeds 601 mg/l These users will be charized for wastewater services on the basis of their specific discharge, which provides equitable recovery of the City's cost of conveying, owning operating, and maintaining the wastewater treatment system, rather than average class strength "Condo" shall mean an apartment that is individually owned but the land is jointly owned by all homeowners "Connection fee" shall mean charges made for connection to the utility system The connection fees will include the costs of tapping the water main, sewer main or storm mam installing the service and meter, restoring the surface, and all other costs associated with the physical connection of the customer system to the City utility system "Construction charge and special fees" shall mean those charges made by the City to cover its unreimbursed construction costs for installing special facilities not covered by connection fees and general facility fees "Contract user" shall mean any user who, by virtue of the amount, strength, or location of its discharge or the conditions of service, requires a contractual basis for service to be equitably served "Creek" shall mean those areas where surface waters flow sufficiently to produce a defined channel or bed A defined channel or bed is indicated by hydraulically sorted sediments or the removal of vegetative litter or loosely rooted vegetation by the action of moving water The channel or bed need not contain water year around This definition is not meant to include stormwater runoff devices or other entirely artificial watercourses unless they are used to store and/or convey pass- through stream flows naturally occumng pnor to construction "Critical area" shall mean any area designated as a critical area pursuant to RCW 36 70A 170 and BMC 20 14 "Cross connection" shall mean any physical arrangement whereby a public water supply is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or other device which contains or may contain contaminated water, sewage, or other waste or liquids of unknown or unsafe gualgy that may be capable of imparting contamination to the public water supply as a result of backflow Bypass arrangements, jumper connections, removal sections, swivel or change over devices, and other temporary or permanent devices through which or because of which backflow could occur are considered to be a cross connections "Deactivated meters" shall mean utility accounts where the customer request that water and wastewater services and billing be suspended The customer will not be billed for water or wastewater services but shall be billed for stormwater services "Degradation" shall mean deterioration of an area including, but is not limited to, impacts such as sedimentation, erosion, and loss of shading light, and noise "Department" shall mean the Department of Public Works and Utilities "Development" shall mean any activity that requires federal, state, or local approval for the use or modification of land or its resource These activities include but are not limited to subdivision and short subdivisions, binding plans, planned unit developments, variances, shoreline substantial development, clearing activity; excavation, embankment, fill and grade work, converting fallow land or undeveloped land to agricultural purposes, activity conditionally allowed, building or construction, revocable encroachment permits, and septic approval 10 Stormwater Code Updates "Development area" shall mean an area where the movement of earth, or a change in the existing soil cover (both vegetative and non-vegetative) and/or the existing soil topography occurs as a result of an applicant's development plans "Developed lot" shall mean a lot or parcel of land upon which a structure(s) is located, which cannot be more intensively developed pursuant to the Bremerton zoning code, and which cannot be further subdivided pursuant to City subdivision regulations "Director" shall mean the Director of Public Works and Utilities or any other duly authorized representative desi ang_ted by the Director as the person responsible for technical direction of this Code "Drainage basin" shall mean an area from which runoff water collects to be discharged into a stream or other water -body. "Drainage plan" shall mean a plan for receiving, handling, and transporting stormwater or surface water runoff within the site "Drip line of a tree" shall mean a line projected to the ground delineating the outermost extent of foliage in all directions "Dry season" shall mean the months of May through September "Duplex" shall mean a residential unit containing two separate dwelling units with an y configuration or two dwelling units located on one parcel "Earth" shall mean the natural mineral and organic material forming the soil and its underlying substance For the purposes of this chapter, earth shall include sand, gravel, and ledge rock "Ecology" shall mean the Washington State Department of Ecology, "Emergency" shall mean a situation demanding immediate action with threat to life, property or environment "Engineered fill" shall mean soil fill, which is wetted or dried to near its optimum moisture content, placed in lifts of 12 inches or less and each lift compacted to a minimum percent compaction as sQecified by a geotechmcal engineer "Engineering Design and Construction Standards" shall mean the City of Bremerton's Standards for Work in Rights of Way "Equivalent Residential Unit" (ERU) shall mean a unit of measurement equivalent to an average single family residence This measurement shall be used to determine sewer general facility_ charges ERUs cannot be transferred from one property or account to another property or account "Excavate" shall mean the mechanical removal of earth material, including soil, sand, gravel, rock, concrete or asphalt "Existing. Service" shall mean a functioning water service line or sewer lateral that is physically located at the parcel "Existing site conditions" shall mean For developed sites with stormwater facilities that have been constructed to meet the standards in the minimum requirements of the ordinance codified in this section, existing site conditions shall mean the existing conditions on the site; For developed sites that do not have stormwater facilities that meet the minimum requirements, existing site conditions shall mean the conditions that existed pnor to local government adoption of the ordinance codified in this section If in question, the existing site conditions shall be documented by aerial photograph records, or other appropriate means, 11 Stormwater Code Updates For all sites in water quality sensitive areas, existing site conditions shall mean undisturbed forest for the purpose of calculating runoff characteristics, and/or For all undeveloped sites outside of water quality sensitive areas, existing site conditions shall mean the existing conditions on the site. "Expanded Service " shall mean the increase in water service based on the addition or increase in size in water meter(s) serving the customer, the increase in wastewater service based on equivalent residential units or the increase in stormwater service based on impervious surface units "Extended line" shall mean a privately financed water, wastewater or stormwater main constructed with the written approval of the Director or their designee "Fill" means a deposit of earth material placed by artificial means to increase the "round surface elevation or to replace excavated material "Force main" shall mean a samtary sewer pressurized ape system used to transfer wastewater from a sewer lift station to the wastewater treatment facility "Foumlex" shall mean a residential unit containing four separate dwelling units with any configuration or four dwelling units located on one parcel. "Geologically hazardous areas" shall mean areas as defined in the City's Critical Areas Ordinance and includes areas that because of their susceptibility to erosion, sliding earthquake or other geological events are not suited to the siting of commercial, residential or industrial development consistent with public health or safety concerns "Geotechmcal engineer" shall mean a professional engineer currently registered in the state of Washington, qualified by reason of experience and education in the practice of geotechmcal engineering, and designated by the owner as the geotechmcal engineer of record for the project "General Facilities Charges" (GFC) shall mean the charge established to reflect the proportionate cost share for existing source, treatment, distribution, transmission, collection, interception, and storage facilities that will be paid on all new and/or expanded utility connections to the City utility "Grading" shall mean the movement of earth material through mechanical or other means to create the finished surface and contour of a protect site "Ground cover" shall mean a dense covering of small plants such as salal, lyy, ferns, mosses, grasses, or other types of vegetation with a trunk or stem size less than four inches in diameter and which normally cover the ground "Ground water" shall mean water in a saturated zone or stratum beneath the surface of land or a surface water body "Grubbing" shall mean the act of removing vegetation by the roots "Hundred cubic feet" (HCF) shall mean hundred cubic feet of measure "Hard Surface" An impervious surface, a permeable pavement, or a vegetated roof "Hazardous materials" means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of, or otherwise managed "Health officer" shall mean the Kitsap Health District Health Officer or designee "Hy 2erchlonnated" means water that contains more than 10mg/L chlorine 12 Stormwater Code Updates "Illicit discharge" means anv direct or indirect non - stormwater discharge to the city's storm drain system, except as expressly exempted by this chapter "Illicit connection" means any man -made conveyance that is connected to a municipal separate storm sewer without a permit, excluding roof drains and other similar type connections Examples include sanitary sewer connections, floor drams, channels, pipelines, conduits, inlets, or outlets that are connected directly to the municipal separate storm sewer system "Inactive account" shall mean an account that has no current usage, billing or payment activi "Inactive water service" shall mean that the water meter for the service location has not registered any noticeable consumption Some of the reasons for inactivity would be by a customer's request, shut off for non - payment, requested deactivation or the water meter has been removed for non -usage "Industrial user" (See Commercial SQecial) "Infiltration" shall mean ground water entenng the wastewater or stormwater system through open pipe joints, cracks in manhole walls, and cracked pipe "Inflow" shall mean rainwater or other clean water that enters the wastewater system through roof leader connections, catch basins, yard and foundation drains, perforated manhole covers, and other openings to the wastewater system "Impervious / Hard Surface Unit" (IHSU) shall mean a configuration or conglomeration of impervious surface One (1) impervious surface unit (IHSU) is equivalent to two thousand five hundred (2,500) square feet of impervious surface area " Imiroper stormwater inflow or Improper connection" shall mean any kind of stormwater connection or inflow to the wastewater system prohibited by this chapter including, but not limited to roof drains, parking lot drains, curtain drains, dnvewav drains and sump pumps "Roof drams" shall mean any downspout, scupper or device that collects and conveys stormwater runoff from a roof surface, "Parking lot drain" shall mean any drain or catch basin that collects stormwater runoff located within the confines of a parking lot such as those in pay parkmg lots, apartment complexes, shopping centers, etc, "Dnveway dram" shall mean a drain typically located below street grade at the bottom of a sloped dnvewav, and/or "Sump pump" shall mean a pump that conveys ground water or stormwater runoff to a storm system or to the ground surface A sump pump that collects and conveys ground water or stormwater runoff from the area outside of the building's foundation footprint to the wastewater system is an improper connection A sump pump that collects and conveys ground water or stormwater runoff from the area within the building's foundation footprint is required to be connected to the wastewater system Kitsap County Health Distnct code requires sump pumps located within the foundation footpnnt to be connected to the wastewater system This is due to the potential for contamination by human waste, detergents or other household chemicals or oils which are not appropriate to discharge into a stormwater system ) "Improved premises" shall mean any area which has been altered such that the runoff from the site is greater than runoff pnor to development "Lakes" shall mean natural or artificial bodies of water of two or more acres and/or where the deepest part of the basin at low water exceeds two meters (6 6 feet) Artificial bodies of water with a recirculation system approved by the public works department are not included in this definition 13 Stormwater Code Updates "Land development permit" shall mean a preliminary or final plat for a single- family residential development, a building, permit; site plan, preliminary or final planned unit development plan "Lateral sewer" shall mean a sanitary sewer constructed within a public nght -of -way between the mainline /trunk sewer and the nght -of -way line in accordance with current Engineering Design and Construction Standards "Low Impact Development" (LID) shall mean a stormwater and land use management strategy that strives to mimic pre - disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on -site natural features, site planning, and distributed stormwater management practices that are integrated into a project design "Mainline sewer " (See trunk sewer) "Mechanical equipment" shall mean all motorized equipment used for earth moving, trenching, excavation, gardening, landscaping, and e�propertv maintenance exceeding 12 horsepower in size "Multi - family units" shall mean a parcel of property which has been legally developed with more than two (2) residential living units "Municipal Separate Storm Sewer System" (MS4) means a conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man -made channels, or storm drains, which are; Owned or operated by the City of Bremerton, Designed or used for collecting or conve sang stormwater, and Not part of a Publicly Owned Treatment Works (POTW) and not a combined sewer "Native growth area" shall mean a restrictive area where all native, predevelopment vegetation shall not be disturbed or removed except for removal pursuant to an enhancement program approved pursuant to this chapter or to remove dead or diseased vegetation The purpose of the area is to protect steep slopes, slopes with erosion potential, landslide and seismic hazards, creeks, wetlands and/or npanan corridors, wildlife, and areas shown on the environmentally sensitive areas map This area shall be defined during the development review process and shown on the recorded plat, short plat or approved site plan "Natural location" shall mean the location of those channels swales and other non - manmade conveyance systems as defined by topographic contours existing for the subject property, as defined from maps or photographs, or such other historical means as appropriate "New development" shall mean the following activities land disturbing activities, structural development, including construction, installation or expansion of a building or other structure, creation of impervious and hard surfaces, Class IV — general forest practices that are conversions from timber land to other uses: and subdivision and short subdivision of land as defined in RCW 58 17 020 All other forest practices and commercial agriculture are not considered new development "National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit" shall mean a permit issued by the Environmental Protection Agency (EPA) (or by the Washington Department of Ecology under authonly delegated pursuant to 33 USC Section 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area -wide basis 14 Stormwater Code Updates "Non- stormwater discharge" shall mean any discharge to the storm drain system that is not composed entirely of stormwater "Notice of Intent for Construction Activity" means the application form for coverage under the Construction Stormwater General Permit " 01eration and maintenance costs" (O & M costs) shall mean the total cost of operating and maintaining the utility system, including, but not necessarily limited to, costs for labor, supplies and materials, utility services, vendor services, equipment usage, testing, taxes and assessments "Occupied property" shall mean real property on which a structure exists that is being served and being billed by an existing or r temporary utility facility "Open space" shall mean land set aside for public or pnvate use within a development that is not built upon " Outfall" shall mean point source as defined by 40 CFR 122 2 at the point where a discharge leaves the MS4 and discharges to waters of the State Outfall does not include pipes, tunnels, or other conveyances which connect segments of the same stream or other surface waters and are used to convey pnmanly surface waters 6 a culverts) "Partially developed lot" shall mean a lot or parcel of land upon which a structure is located and which is of sufficient area so as to be capable of accommodating additional development pursuant to the Bremerton zoning code, or which may be subdivided in accordance with the Cqy of Bremerton subdivision chapter "Permanent Stormwater Quality Control Plan" (PSOC) shall mean a plan which includes permanent BMPs for the control of pollution from stormwater runoff after construction and/or land disturbing activity has been completed "Permeable" shall mean soil or other material that allows the infiltration or passage of water or other liquids " Penneable pavement" shall mean pervious concrete, porous asphalt, permeable pavers or other forms of pervious or porous paving material intended to allow passage of water through the pavement section It often includes an aggregate base that provides structural support and acts as a stormwater reservoir "Permit" shall mean a written legal authorization to conduct an action "Person" shall mean any individual, association, organization, partnership, firm, corporation or other entity recognized zed by law and acting as either the owner of a premises or as the owner's agent "Pervious Surface" shall mean any surface material that allows stormwater to infiltrate into the ground Examples include lawn, landscape, pasture, native vegetation areas, and permeable pavements "Pollution" shall mean contamination or other alteration of the Qhysical, chemical, or biological properties, of waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or inlunous to the public health, safety or welfare, or to alter the ecosystem so as to endanger domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life Further defined in the Washington State Surface Water Quality Standards (Chapter 173 -201A WAQ, Ground Water Quality Standards (Chapter 173 -200 WAC), Sediment Management Standards 15 Stormwater Code Updates (Chanter 173 -204 WAC), or human health -based criteria m the national Toxics Rule (Federal R_ egister, Vol 57, NO 246, Dec 22, 1992, pages 60848 - 60923) "Premises" shall mean a single tract of land, buildmg, or portion of a building under a single control and ownership_ "Pressure line" shall mean a sanitary sewer through which wastewater must be forced by pumping or gravity pressure to a point of collection "Publicly Owned Treatment Works" (POTW) shall mean any device or system used m treatment of municipal sewage or industrial wastes of a liquid nature which is publicly owned "Public Utilities Construction Agreement" (PUCA) shall mean an agreement between the City, the developer, and the developer's contractor to construct utility improvements to serve a proposed development "Reimbursement agreement" shall mean an agreement entered into between the installer of a utility facility and the Department for the purpose of reimbursing the installer for all or part of the costs for installation or extension of the utility system by subsequent development for the facility defined in the agreement "Removal" shall mean the actual destruction or causing the effective destruction through damagmg, poisoning or other direct or indirect actions resulting in the death of a tree or rground cover "Rockery or rock wall" shall mean one or more courses of large rocks stacked near vertical in front of an exposed soil face to protect the soil face from erosion and sloughing_ "Routine landscape maintenance" shall mean pruning, weeding, nlantmg annuals, mowing turf lands and ground cover management which is undertaken by a person in connection with the normal mamtenance and repair of property This definition does not include falling or toppmg of trees or removal of invasive plants resulting from lack of regular mamtenance "Sanitary sewage" shall mean the liquid wastes and all constituents therein that are related to the use of such sanitation facilities, toilets, bathtubs, showers, sinks, dishwashers, washing machines, garbage grinders, and other devices However, any other water that enters sanitary or combined sewers before or after discharge by a user shall thereafter also be called sewage "Sewage" is essentially synonymous with the term "wastewater," except that wastewater may also contain liquid wastes discharged from industrial operations or processes "Sanitary sewer" shall mean only those portions of the utility system which are designated to carry, transport, or dispose of wastewater "Sedimentation" shall mean the process of vity- induced settling, sinking and deposition of fragmented rock, soil, or organic particles displaced, transported, and deposited by erosive water -based processes "Septage waste" shall mean waste material pumped from an on -site wastewater disposal system such as a septic tank or cesspool or holding � "Siltation" shall mean deposition of soil, sand, and gravel on the surface or in stormwater conveyance systems as a result of erosion in tnbutary areas and transport by runoff water "Single- family parcel or unit" shall mean a parcel which has been developed with a single - family living unit "Site" shall mean the portion of a piece of property which is directly subiect to development "Slope" shall mean the inclination of a surface expressed in a ratio of horizontal run to vertical rise measured as a numerical ratio percent or in degrees Expressed as a ratio the first number is the horizontal distance (nun) and the second is the vertical distance (rise) as 2 1 A 2 1 16 Stormwater Code Updates slope is a fifty (50) percent slope Expressed in degrees, the slope is the angle from the honzontal plane, with a ninety (90) degrees slope being vertical (maximum) and forty -five (45) degrees being a 1.1 or one hundred 0 00) percent slope "Standards" shall mean the current En mg eenng Design and Construction Standards for the City of Bremerton "Standard construction costs" shall mean the total cost of installation of a utilitypipmg system, including the cost of all manholes, distnbution system, or mcidental work necessary to place the utility system in service, meeting the minimum size and installation requirements of the utility for the intended service "Standard gravity sanitary sewer" shall mean a sanitary trunk sewer conveying flow to a point of collection without pumping and constructed in accordance with current En ngi eenng Design and Construction Standards "Standard rgravity sewer connection" shall mean a connection made to a gravity trunk or lateral sanitary sewer of the City, except those City sewer lines located on the waterfront or pressure sewer line "Standard stormwater sewer" shall mean a stonnwater lme not less than twelve (12) inches in diameter and constructed in accordance with current En nig eenng Design and Construction Standards "Standard water main" shall mean a water distnbution lme constructed in accordance with current En ing eenng Design and Construction Standards " Stormwater Management Manual' or " Stormwater Manual" shall mean the latest version of the Washmgton Department of Ecology Stormwater Management Manual for Western Washington, Kitsap County Stonnwater Management Manual and the Low Impact Development (LID) Guidance Manual for Kitsap County, Low Impact Development Technical Guidance Manual for Puget Sound (LID Manual) by Washmgton State University and Puget Sound Partnership and such other standards mcorporated in the "Engineenng Design and Construction Standards " " Stormwater Pollution Prevention Plan" (SWPPP) shall mean a report contaming a narrative and drawings used to explain and justify the pollution prevention decisions made for a particular project The narrative contains concise information concerning existing site conditions, construction schedules, and other pertinent items that are not contained on the drawings The drawings and notes descnbe where and when the vanous BMPs should be installed, the performance the BMPs are expected to achieve, and actions to be taken if the performance goals are not achieved It also means a document which descnbes the best management practices and activities to be implemented by a person to identify sources of pollution or contamination at a premises and the actions to eliminate or reduce pollutant discharges to stormwater, stonnwater conveyance systems, and/or receiving waters to the maximum extent practicable " Stormwater Site Plan" shall mean a comprehensive site plan and report containing all o the technical information and analysis necessary for the City of Bremerton to evaluate a proposed new development or redevelopment project for compliance with the Bremerton Municipal Code, and the Stormwater Manual Contents of the stormwater site plan will vary with the type and size of the project, and individual site charactenstics " Stonnwater system" shall mean all facilities for collecting transporting pumping, treating and discharging stormwater "Sub - basin" shall mean the smallest unit into which the land surface is subdivided for hydrologic study purposes 17 Stormwater Code Updates "SWMMWW" shall mean the current version of the Washington State Department of Ecology's Stormwater Management Manual for Western Washington "Townhouse" shall mean a row of homes that share common walls but ownership includes the land to each individual owner "Tree" shall mean an leg woody plant characterized by one main stem or trunk and many branches and having a caliper of four inches or greater, or a multi - stemmed trunksystem with a definitely formed crown "Tnplex" shall mean a multifamily residential unit containing three separate dwelling units with any configuration or three dwelling units located on one parcel "Undeveloped parcel" shall mean any parcel of real property that has not been altered by grading or filling of f the ground surface, or by construction of any improvement or other impervious surface area that affects the hydraulic properties of the parcel "Uniform Plumbing Code" (UPC) shall mean the latest version of the Uniform Plumbing Code that has been accepted by the City of Bremerton "Undeveloped parcel" shall mean real property on which no structure reguinng utility service exists or real property which has had no active service for water, wastewater or stormwater "User" shall mean any person, business, or institution owning or controlling_ property_ for which utility service is provided and who is responsible for an account "User parcel" shall mean any parcel of land within the utility service area to which water, wastewater, or stormwater service is currently provided or to which a charge is imposed therefore, or any other land with any significant man -made impervious surface "Utility" shall mean the water, wastewater, and stormwater utility systems of the City "Utility Service Agreement" (USA) shall mean an agreement that the person requesting utility service suns, which constitutes a contract with the Utility "Utility service rates" shall mean the rates charged for services These will include the zero usage fixed fees which are for the maintenance and repair of the Utility infrastructure and commodity charge for usage Based on service location, other associated rates fees and charges may be applied to the customer's account "Wastewater" shall mean liquid wastes, and all constituents dissolved or suspended therein, discharged by residential, commercial, or industrial users of the wastewater facilities system "Wastewater" is essentially s rY ionymous with the term "sewage " "Wastewater system" shall mean all facilities for collecting, transporting, pumping, treating, and disposing of sewage, including sludge utilization "Water meter" shall mean a device used to measure and record the amount of water flowing through a pipe "Water system" shall mean all facilities for treatment, storage pumping transmission and distribution of water "Watershed" shall mean a geographic region within which water drains into a particular river, stream, or body of water as identified and numbered by the State of Washington Water Resource Inventory Areas (WRIAs) as defined in Chapter 173 -500 WAC "Wetlands" shall mean those areas as defined in the City's Critical Areas Ordinance and include areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support a prevalence of vegetation typically adopted for life in saturated soil conditions Wetlands generally include swamps, marshes, bogs, and similar areas 18 Stormwater Code Updates "Wetponds" shall mean drainage facilities for water quality treatment that contain permanent pools of water that are filled during the initial runoff from a stone event They are designed to optimize water qualgy by Rrovidmg retention time in order to settle out particles of fine sediment to which pollutants such as heavy metals absorb They also allow biologic activity to occur that metabolizes nutrients and organic pollutants "Wet season" shall mean the months of October through Apnl SECTION 3. Chapter 15 04 of the Bremerton Municipal Code entitled " Stonmwater" is hereby repealed in its entirety and a new section, Chapter 15 04 entitled " Stonmwater" is hereby created to read as follows .4 1 G AA Al A PURR S > , 15 020 COMPREHENSIVE PLAN. N pf% efRGW 37 67 039 The Plan shall be appr-eved by the Mayer-, adopted by the Q�. ?5,04 0 S 77 A 1277 iTV drainages Utility system either- tketigh natufal disehaf to > 15 A40 L`GU A TEED A CT144TIES G.A-B-sisten-t- AvIth thp mimmufa r-eqHir-ements eentalified- I-;;- this; Seettell, the City shall appr-ev ,. d isa ,,, th f tt,.,, ing .,etiyities ,, .,loss e to , 15 nA nA 1 (a) New Develepleent (b) Redevelopment 15.04^041 E EARDTi/1NS. agaeulvafe > Class P# Genefal fer-est pfaettees that afe eon-veEsiens &eie timbef: land to other- uses, afe e*efapt highway Fights of way is r-egulated by Chapter- 173 270 WAG, the Puget Sound Highway R+tae Prregmm 19 Stormwater Code Updates Goner-A. BMPs shall be used to eefAr-el pellutien ffem stefmwatef: BNWs shall be use" e faontalBMPs sheold be oefisider-ed ExPeFifnental BMP fee gea as a fneans f (b) Small Pafeel Minimum Requir-ements Gr-eatien er- addition of less thEm 5,009 squafe feet of impefvietis suffaee e&eo - t 1 f Waited to one mute Aeoess petats shall be stabilized wA qaaffy spA or- emshed Feek to ffimimizze the tr-aeking ef sediment onto pab r-eads (2) Stabiltza4io of Dei*uded roar got! stabili.-a4ten All e*posed seils shall be stabilized by suitable appheatieft 8 RMPs n e..d ifi but net , t.... t ie to s od „_ o ther- v e getation , ..last e ti, , t � 5 v acr - - , " _ _ - tt - 7 f t f appiteation efgr-otmd base on afeas to be paved All BMPs shall be 7 designed- am—d maintam pr-eyedby-the City F etebei -1 aeu" pFil 30,, fie seils shall remain expesed for- mem than 2 days From May 1 ugh f fer- fne 7 7 fa u l e h ing , or- by a embinotieft of these (4 ) M sintefia See meinta eit t «+.., e.t pe effne ee o their intended fimetieft (5) Other- BMPs As .1 ' J osrrer icpp roPirir G fl11irTCeTaiEiSRCe the QtLGQt.Tl7S mer-eased funeff shall be applied (1) New develepment f squafe f ee t , 7 , 7 20 Stormwater Code Updates feet 4-4- A.11- i-;--w development that moludo's s-he o-r-emien er- addition- of 5,090 squafe > I-offims OWN;- one aer-o, shall eemply wA Minimum RoqtwOfHOfitS in Seetions (e)(4) thr-eugh (e)(13) Plan that meWdes a Small Par-eel ESC Plan and PSQG Plan- Requirements- (2) Redevelopment New development InififfRum f-equiFements to Seetions (e)(3) dffough (8)(P), shall apply to that peAten - --f Rhe site that is being redeveloped, afid sewee eoahvel BWARS; shall be applied to the entire site, ineltidtag adjoiniag par-eels if they are pai4 of the pMeet H ift addition to the above r . fellewHig eenditions apply, a stofmweAor- faaaagetment plan shall be pEepafed that ifteludes a deteEmined by the > si meluding adjoining pafeels if they are pai4 of the pMoet An adopted and implemented basin pim may be osed to develep fedevelopment A \ gm site .....,..t..,. th 1 a er-e w ith 500% e impefvieffi e' deetimented water- quality problem S*eet to Weal pfiefities, a doeumented water- quail pFeblefa meludes, but is not lifaited to, water- bodies the Clean Water- > a d esigna t e d as ne suppoi b ene fi eta l oses, 3nnn l l(r v n v„) .. 3040)( l Clea vn) o f the Water- Water- er- n ,.t ., n ot o ,l o„te t„ mee ..,,.t q 1 +. ✓v�� goals standaMs or- water- quality III- 1i in Washington State's i nt Seufov Assessment required under- seetion 319(a) of the Clean WatoF Aet that, without additional aetieft watef qua!" standards mastwes have been identified thfough a basin plaft, the wateffibed ffmking pr-eeess tifider- Ch gFeatef: thaft @ne aei:e shall eemply with ef%ion and Sediment Control Requffements below All fiew development and mdevelopment that moludes land disPcifbmg aoiwities of less thao 1 aer-o shall oemply with the small pareel minifaufn Fequmments feund in Seetleft (b), abeve 21 Stormwater Code Updates 30, ne soils -shall Few- eapesed fer- faefe- soil sifialfl- F-e-affi-ameNposed fer-mor-e than 7 days PFiorrte leaving the site, steFffiwater-nmeffshaij pass H Delineate eleafing and easement limits la the field, stake ead flag eleafmg lifnits aaWer- any easements, , Pr-opeAies adjaeent to the pr-ejeet site shall be pr-ateeted ffefa sediment deposition BNWs- intended e tr-ap- se�r�eQ site Abe -ee eted- step n�� —These BNPs shall be fimetienal before land disPmbing aeti-vities take plaee Eaft4en stfuetoms Sueb as Rand Sediment Control Re"ir-ement IV Cut and fill slopes Cut emd fill slopes shall be designed and eenstmeted in a manaer- that w44 raintinize erosion In addition, slopes shall be stabilized in aeeefflmee with 3 (a) due to iner-eases in the velufne,veleeit�-, and peak flew rate of stofmwaterr mooff fien+4� pr- ojeet sit Ivii Stabilization of tempemr-y eenvoyanee ehafmels and eatlets All te"eFffy oft site eenveyanee ehamels shall be designed, eenstmeted and Stabilized to PFe'vefit er &Olm the e*Peeted veleetty of fiew 48fa a 2 year-, 2 4 heuf &equeney stofm fef the developed eendition Stabilizatiefiadeqtiatetepr-eivefiter-estotiefeiitiets,adjaee str-eaffibaaks, slepes and de%%stfoam Fewhes shall be pr-ovided at the eudets of all e8fiveyaRee Systems - Paneff shall fiet enter- the eefiveyanee system w4eut fist being filtered or- other-wise tFeated to ix Under-grretmd utility eenstmetien ( n) Whefe f e asible , a th 990 f eftFe sh b epened eA ene- tifne- eviewated matefial shall be plaeed en the uphill side of tfofiehes- (v) avaav vwusvraub rave sISA[ fCTJGi1Cf LSrCpZTsGdSilIpnt x - 'fiemst etieft oeeess Foutes 22 Stormwater Code Updates Iloilo ".10M ■ • MV �. F-T. vffmr...w9 .. MIN 1 1 0 1 1 wmptq� I fig ir •, . Y_ ON • • . S ON • • Y Y A _ • • Y Y. Y _ • mr- J,V, I • , \ Y IKT r. • .4.11 d-o-volopment pMeNts- Sh-MIR A-e-aEluet Em analysis of off site water- qual" impaets fesulting fr-efa the pr-9jeet and shall faitigate these impaets The analysis shall emend a fHflll;:Rmm Af AAA and fnitigated shall > at a fmaimum, but not be limited to F«..o..,..h,,.,I. R 1) Requffement #9 Basin Plafming Adopted and based basm plafts imay be used te modify any or. gill of-thol whieved by the basin plan will eqaal or- emeed that whieh would be aehieved by the Mmiffmm Requifements to the absenee efa basin plan Basin plans IN Mote and ioelude-,.as a6hieN'S wide pollutant rzeduetion goals Standards develeped frefn basin pleas shall not fnedify any of the above r-e"ir-efaefits unti! the basm plan is fefmally adopted and f6ll ifoplefaeated by leeal gevemment Basin plans shall be developed weefding to an appr-o-ved epefatien shall be identified (14) — ESepkeas ;W-R-R-Affift finding of faet is prepared, that addresses the fellewing > fifflOtIOR, faeil" maintefianee, based upon satind engineefing, are Pally met, > > and te the "ality of wa4efs of the State, md IA fid orb RERIUCE CONNUC WNS 25 Stormwater Code Updates • 1! ► VN.'W hi WE LVA 01 6 74AWMIALVA rpjr NPHYS 5 • 5 \ \ Y . Y. Y. \ > > EIH Seetion, the City shall hold the r-espensible paFPy liable fer- all eests Of > replaoment, 1 G AA . 1 AA INTEIRMUm10 - X 0 F 9 E R34 G-E > > or- any ether-neeessffywedc Up City shall not be hold r-espensible fer- any damage te a pFiyato pr-epoFty Fesultifig fF@Iff > > pr-evisiefis of this Gede- > �Vled > 15.04.110 CHANGED SITE CONDITIONS, 1 G nA 120 PROHIBITED r�v� Vielations ifflad-eu- -Seetien shall be punishable as a misdemeaner- unless ether-wise tadimed- by the > t e d is t ur b , > > me pipe > t oo l s, b ut id ings, > > eelfflee w or- under- the eentfol of the DepaAfnent the disehaFge tote any stefmwater- > pipe, d fam, > Fa d ea d amma wi > > > e diteh or- natural water- eou > d e b Fis, > as d e & e d m th is e sys animals gases in suffietent quantity, either- singly er- by intefeetteam. et-h-e-F-wastes te eefistiwte a > wateo- (4) Afiy stfong aeid (pH lewer- than 5 5) or- alkaline (pH higher- than 9 5) e any ether- eef:Feswe waste eapable ef eausing dafnage er- h—Agg-AFF-I *-A- oh-e- stpaetffes, eqmpfnefit or- (5) Any septage er- wastewater- 15.04.130 OYL 1- S:FORA4MTAT-ER INFLOW TO THE WASTEWATER SYSTEM ' 27 Stormwater Code Updates s ■ ! NO limim ■ MrMaW.Ifffl." P.9 R Y. ■ ! Y. r.- -s- ■ ■ ! ! ■ • Y.. ■ I. Y. ■ INA 1 7 -M ■ • ■ MET 90"IMMINT.9TTITrol. A1.10" T5 Y. \ ROO IN W M3 Y-m r • r r r r, Y. • r \ r r S r � _ ITTYWRTIMS Im I w.gvn _ REMSIMMU r AMMM \ \ 1 r r \ r W. _ \ r Chapter 15.04 STORMWATER 15.04.010 PURPOSE. This Chanter establishes availability, conditions of service, system improvement requirements, and the operation and maintenance of the stormwater utility system for the collection and treatment of surface drainage 15.04.020 ADOPTION OF MANUALS. The following manuals are hereby adopted by reference as currently published and as hereinafter amended Department of Ecology Stormwater Management Manual for Western Washmgton, Kitsap County Stormwater Management Manual, Low Impact Development (LID) Guidance Manual for Kitsap County, Low Impact Development Technical Guidance Manual for Puget Sound (LID Manual) by Washington State University and Puget Sound Partnership, and City of Bremerton Standards of Work in the Rights of Way (En mg_ eenng Design and Construction Standards) 15.04.030 DEFINITIONS. In addition to definitions set forth in BMC 15 01020, the definitions set forth in the manuals adopted in Section 15 04 020 above are hereby incorporated If definitions in BMC 15 01 020 conflict with definitions in the manuals the definitions set forth in BMC 15 01 020 shall prevail 15.04.040 STORMWATER COMPREHENSIVE PLAN. A Stormwater Comprehensive Plan shall be developed by the Department meeting the provisions of RCW 35 67 030 The Plan shall be approved b the adopted by the City Council and administered by the Director 15.04.050 STORMWATER MANAGEMENT PROGRAM (SWMP) A Stormwater Management Program shall be administered by the City of Bremerton pursuant to the Western Washington Phase II Municipal Stormwater NPDES Permit currently in effect and issued by the Washington State Department of Ecology in compliance with provisions of the State of Washington Water Pollution Control Law Chapter 90 48 RCW and The Federal Water Pollution Control Act (The Clean Water Act) Title 33 United States Code Section 1251 et sec 15.04.060 SERVICE AREA. Stormwater service is considered available to all of the public and private property within the City of Bremerton Stonmwater service area includes all public and pnvate properties within the City of Bremerton through either natural dramages, direct discharge to receiving water or constructed conveyance systems Service is considered available for all properties in the City of Bremerton however stone drainage mitigation may be required pursuant to BMC 15 04.070. 30 Stormwater Code Updates 15.04.070 REGULATED ACTIVITIES. Consistent with the minimum requirements contained in this Section, the City shall agRprove or disapprove the following activities, unless exempted in Section 15 04 080 below (a) New Development; (b) Redevelopment, (c) Construction site activities, and (d) Property Maintenance, Repair or Replacement activities meeting specific thresholds as defined by SV;NlMWW 15.04.080 EXEMPTIONS. Commercial agriculture, and forest practices regulated under Title 222 WAC, except for Class IV General Forest practices that are conversions from timber land to other uses are exemlt from the provisions of this Section Development undertaken by the Washington State Department of Transportation in state highway nghts -of -way iy_ s regulated by Chapter 173 -270 WAC, the Puget Sound Highway Runoff Program All other new development and redevelopment is subject to the minimum requirements of this Ordinance 15.04.090 STORMWATER SYSTEMS / ENGINEERING DESIGN AND CONSTRUCTION STANDARDS GENERAL. All stormwater sewers and appurtenances shall be installed by the Department or a contractor in accordance with the manuals adopted in Section 15 04 020 above A covenant and/or easement shall be recorded with the Kitsap County Auditor's office for each property containing or served by stormwater drainage facilities This covenant/easement shall be in a form approved by the City Attorney The covenant/easement shall identify requirements and liability for preservation and maintenance of LID facilities approved under this chapter and pnvately held in individual or undivided ownership or intended for public ownership, shall restnct conversion of LID facilities, and shall grant the City access to LID facilities on pnvate property to allow inspection, maintenance, and repair as required 15.04.100 LOW IMPACT DEVELOPMENT — ALTERNATIVE STANDARDS. (a) The City encourages low impact development (LID) best management practices (BMPs), as an alternative to conventional stormwater management systems that rely on detention ponds and closed conveyance LID is intended to manage runoff close to the source of generation and to mimic the predeveloped hydrologic condition of a site (b) LID is accomplished first through minimizing the he impervious surface coverage and second by managing runoff through dispersion, infiltration, evapo - transpiration or a combination of these approaches Use of LID BMPs may reduce or eliminate the need for conventional detention facilities but does not remove the obligation to comply with the minimum requirements of the Stormwater Manual (c) A vanety of BMPs to minimize impervious surfaces and to manage stormwater have been developed and tested for use in Western Washington These BMPs and the overall LID approach are descnbed in the LID Manual (d) The menu of LID BMPs identified in the LID Guidance Manual are accepted by the City for use in stormwater site plans to address the minimum requirements for flow control 31 Stormwater Code Updates and runoff treatment in this chanter, subject to the specifications, performance standards, and design cntena in the LID Manual and review and approval under this chapter (e) A covenant and/or easement shall be recorded with the Kitsap County Auditor's office for each property containing or served by storm drainage facilities This covenant/easement shall be in a form approved by the City Attorney The covenant/easement shall identify requirements and liability for preservation and maintenance of low impact development facilities approved under this chapter and pnvately held in individual or undivided ownership or intended for public ownership, shall restnct conversion of LID facilities, and shall grant the City access to low impact development facilities on pnvate property to allow inspection, maintenance, and repair 15.04.110 SERVICE CONNECTIONS. All service connections shall be in accordance with the En ing_ eenng Design & Construction Standards as adopted in Section 15 04 020 above A service connection shall extend from the property and to the stonmwater drainage system and shall be maintained by the property owner IHSUs cannot be transferred from one property or account to another property or account 15.04.120 ON -SITE PRIVATE DEVELOPMENT or REDEVELOPMENT IMPROVEMENTS. All new or re- development projects shall provide on -site water quality and quantity improvements to include conveyance facilities, retention/detention ponds, under - drains, infiltration facilities, or other on -site stormwater dmmage facilities necessary to mitigate any mcrease in stormwater runoff, control off -site discharge of stormwater and provide stormwater quality treatment All storm drainage improvements shall be in accordance with the Engineenng Design & Construction Standards and the Bremerton Municipal Code On -site facilities shall be regularly maintained, cleaned, serviced and repaired by the owner Any facility that has not been serviced or maintained and is not functioning as designed is nonconfonning.pursuant to City standards and will be subiect to abatement under Section 15 04 080 Constructed facilities shall not be removed 15.04.130 STORM DRAINAGE SAMPLING STATIONS. When required by the Department, the property owner shall install and maintain at their expense, a storm drainage sampling station down stream from the pnvate stormwater drainage facilities to facilitate observation, sampling, and measurement of surface drainage and stormwater flows pnor to discharge into the City's storm drainage system The storm dramage sampling station shall be located as approved by the Department and constructed m accordance with Standards 15.04.140_ ABATEMENT OF NONCONFORMING, UNAUTHORIZED OR UNSAFE CONDITIONS. The Department shall be responsible for the ante rgri , safety, and continuity of the stormwater system As a condition of the Uttlity Service Agreement, the property owner shall grant the Department the authonty to make inspections at any reasonable time The Director or their designee may enter onto such property �pect conditions or to perform any duties 32 Stormwater Code Updates imposed upon the Department by this Code provided the Department shall first make reasonable efforts to contact the owner or person responsible for such property The Department shall have recourse to every remedy provided by law to secure entry and abate nonconforming, illegal, unauthorized, or unsafe conditions Such remedies may include, but not be limited to, securing property owner's correction, revocation, suspension, or discontinuation of service, permits, or authorizations, removal, reconstruction, replacement, or alteration of unauthorized condition, or all other powers and remedies that may be available under this Title, and regulations and procedures adopted hereunder Expense incurred by the Stormwater Utility in abating such conditions shall constitute a civil debt owed to the Stormwater Utility and will be collected from the owner, in accordance with the current Assessments, Rates, Fees and Charges 15.04.150 STORMWATER SYSTEM OPERATION AND MAINTENANCE. The Department shall be responsible for the operation, maintenance and repair of the stormwater system and appurtenances under its jurisdiction and located within the public right - of -way, dedicated utility easements and City owned property The Department shall not be responsible for servicing private systems connected to the City's stormwater main line, except as provided in this chapter When maintenance, repair, or replacement of publicly -owned facilities is required, due to user activities resulting in unsafe, nonconforming, or unauthorized conditions as set forth in this Section, the City shall hold the responsible party liable for all costs of repairs, replacement, and mspection, and any other cost incurred to the City as a result of such activities 15.04.160 CONSTRUCTION AND MAINTENANCE OF PRIVATE STORMWATER FACILITIES. (a) All stormwater facilities required under this chapter shall be constructed and maintained as set forth in the Stormwater Management Manual and the permits and/or approvals of the Ci (b) Maintenance of private stormwater facilities (1) The person or persons holding title to the property and the applicant required to construct a stormwater facility shall remain responsible for the facility's continual performance, operation, and maintenance in accordance with the standards and requirements of the Stormwater Management Manual, this chapter, and the permits and/or approvals of the City and shall remain responsible for any liability as a result of these duties Language designating the responsible parties shall be printed on the face of the plat documents, covenant, easement or other agreement recorded with the Kitsap County Auditor's office for each property containing or served by said stormwater drainage facilities This covenant/easement shall be in a fonn approved by the City Attorney (2) The City shall have authority to periodically enter upon the property and inspect the facilities to ensure such compliance and to issue orders requiring maintenance and/or repair In event that the titleholders or other responsible parties do not effect such maintenance and/or repairs, the City may perform such work, and the cost thereof shall be recoverable by the City from said titleholders or other responsible parties and/or by filing a lien against the property (3) When an inspection identifies an exceedence of the maintenance standard or a non- confonning, unauthorized condition, maintenance /repair shall be performed in accordance with the following schedule 33 Stormwater Code Updates i Within 1 year for typical maintenance of facilmes except catch basins 11 Within 6 months for typical maintenance 111 Within 2 years for maintenance that requires capital construction of less than $25,000 15.04.170 INTERRUPTION OF SERVICE. Stonnwater service may be temporanly discontinued in an emergency without notice to customers or for the purpose of making repairs extension or any other necessary work Whenever reasonable, and in cases where it has advance knowledge the Department will provide notice of such emergency using g ppropnate methods of communication The City shall not be held responsible for any damage to a12nvate property resulting from interruption, failure of the stormwater system or failure of the property owner to comply with provisions of this Code 15.04.180 CHANGED SITE CONDITIONS. When an alteration to an existing_ parcel of property requires a building or grading permit a new stormwater Utility Service Agreement shall be required if any existing stormwater connections do not meet the current Engineenniz Design and Construction Standards However this requirement shall only apply if the improvement can be installed for 25% or less of the total improvement cost of the protect or if in the Iudgment of the Director, the improvements are necessM to protect other upstream and downstream properties 15.04.190 PROHIBITED ACTS. Violations under this section shall be punishable as a misdemeanor and subject to conditions of BMC 15 04 210 unless otherwise indicated a Unlawful Tampenng It shall be unlawful for any 12erson, unless duly authonzed by the Department, to disturb, interfere with or damage any stonmwater facilities including pine machinery, tools, buildings, improvements or other appurtenances belonging to connected with or under the control of the Department (b) Prohibited discharges (1) No person shall throw, drain or otherwise discharge cause or allow others under his/her control to throw, drain or otherwise discharge into the municipal storm drains stem any matenals other than stormwater 2 Exam les of prohibited contaminants include but are not limited to the following Acids, alkalis, or bases, Animal carcasses, Antifreeze and other automotive Rroducts Bark and other fibrous materials, Battenes, Chemicals not normally found in uncontaminated water, Chlonne, bromine, or other dlsmfectants Construction matenals, Degreasers and/or solvents, Domestic animal wastes, Drain cleaners, 34 Stormwater Code Updates Dyes, unless avoroved by the City, Flammable or explosive matenals, Food wastes, Heated water, Lawn chppings, leaves, or branches, Metals in either particulate or dissolved form, Paints, stains, resins, lacquers, or varnishes, Pesticides, herbicides, or fertilizers, Petroleum products including but not limited to oil, gasoline, grease, fuel oil and heating oil, Radioactive matenal, Recreational vehicle waste, Sewage, Silt, sediment, concrete, cement or rg avel, Soaps, detergents, or ammonia, Steam cleaning_ wastes, Swimming pool cleaning wastewater or filter backwash, Trash or debns Any other process - associated discharge except as otherwise allowed in this section and Any hazardous matenal or waste not listed above (c) Allowable discharges The following�t Mes of discharges shall not be considered illegal discharges for the purposes of this chanter unless the City determines that the We of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or groundwater Air conditioning condensation, Discharges from emergency fire-fighting activities, Diverted stream flows, Flows from npanan habitats and wetlands, Footing drains, Foundation drains, hmgation water from agncultural sources that is commingled with urban stormwater, Rising ground waters, Spnngs, Uncontaminated ground water infiltration as defined in 40 CFR 35 2005(20) and Uncontaminated ppumned ground water (d) Conditional Discharges The following types of discharges shall not be considered illegal discharges for the purposes of this chanter, if they meet the stated conditions, or unless the City determines that the type of discharge whether singly or m combmation with others, is causmg or is likely to cause pollution of surface water or groundwater (1) Potable water, including water from water line flushing hyper chlonnated water line flushing, fire hydrant system flushing and pipelme hydrostatic test water These planned discharges shall be de- chlonnated to a concentration of 0 1 ppm or less pH- adjusted if necessary and in volumes and velocities controlled to prevent re- suspension of sediments in the stormwater system (2) Lawn watenng and other irrigation runoff These types of discharges shall be permitted if the amount of runoff is minimized through water conservation efforts 35 Stormwater Code Updates (3) De- chlorinated swimming poot discharges These discharges shall be de- chlonnated to a concentration of 0 1 ppm or less, pH- adjusted and reoxygemzed if necessary. volumetncally and velocity controlled to prevent re- suspension of sediments in the stormwater system (4) Street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents These discharges shall be permitted, if the amount of street wash and dust control water used is minimized At active construction sites street sweeping must be performed prior to washing the street (5) Non - stormwater discharges covered by another NPDES permit These discharges shall be in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations (6) Other non - stonnwater discharges These discharges shall be in comQliance with the requirements of a stormwater pollution prevention plan (SWPPP) reviewed and approved by the City, which addresses control of such discharges by applyorg AKART to prevent contaminants from entenng surface or ground water (e) Prohibited Connections (1) The construction, use, maintenance, or continued existence of illicit connections to the stormwater system is prohibited (2) This prohibition expressly includes, without limitation, illicit connections made or the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection (3) A person is considered to be in violation of this section, if the person connects a line conveyor sewage ewage to the MS4 or allows such a connection to continue (f) Any discharge that exceeds the following daily maximum pollutant limits Ammonia 50 0 mg/_L Arsenic 0 10 mg/L Cadmium 0 10 mg/ Chromium(hexavalent) 0 25 mg/L Chromium(total) 10 mg/L Copper(total) 0 75 mg/L Cyanide(free) 0 20 mg/L Cyanide (total) 0 64 mg/L Lead 0 25 mg/L Mercury (total) 0 010 mg/L Molybdenum 10 mg/L Nickel 0 60 mg/L Selenium 0 10 m //LL Silver (total) 0 20 mg/LL Zinc 2 0 mg/L 15.04.200 ELIMINATION OF IMPROPER STORMWATER INFLOW TO THE WASTEWATER SYSTEM. (a) Purpose The purpose of this section is to significantly reduce improper stormwater inflow to the wastewater system in order to eliminate or reduce instances of combined sewer overflow events and surcharged sanitary sewers due to the improper inflows, which are detnmental to public 36 Stormwater Code Updates health and welfare, and to maximize efficient operation of the wastewater collection system and treatment plant (b) Stormwater connections to the wastewater system is prohibited, as of January 1, 2005 A property that maintains a stormwater connection after January 1, 2005 is charged a fee for the connection pursuant to BMC 15 06 050(b) Rates — Stormwater — Improper Stormwater Inflow to Wastewater System (c) Director's Authonty to Order Disconnection (1) Purpose The Director has the authonty to order the disconnection of improper stormwater inflow to the wastewater system where that disconnection is necessary to meet combined sewer overflow reduction and elimination of sanitary sewer surcharging The Order of Disconnection will generally be in target areas as defined elsewhere in this section (2) Notice Director's Order of Disconnection will be provided in writing and will establish an effective date by which the improper stormwater inflow shall be discontinued The effective date shall be no sooner than ninety (90) days from the date of the letter The effective date may be extended in writing by the Director (d) Target Areas The Director may identify target areas within the wastewater service area (sewer or storm drainage basins or sub - basins) which have the highest priority for reduction of improper stormwater inflow to the wastewater system based upon combined sewer overflow events and sanitary sewer surcharge problems (e) Abatement of Improper Stormwater Inflow Whenever an improper stormwater inflow to the wastewater system exists subsequent to the disconnection requirements specified elsewhere in this section, the Director may abate the condition including, reconstruction, replacement or removal on public or private property as specified elsewhere in this chapter 15.04.210 VIOLATION ENFORCEMENT — PENALTY (a) Any violation of any provision of this title constitutes a civil violation under Chapter 104 BMC for which a monetary penalty may be assessed and abatement 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 title shall be guilty of a misdemeanor 1ursuant BMC 1 12 020 Penalties SECTION 4. Section 20 14 630 of the Bremerton Municipal Code entitled "Development Standards" is amended by amending Subsection 20 14.630(h) and Subsection 20 14 630(1) to correct a citation and title within the subsections as follows 20.14.630 DEVELOPMENT STANDARDS. The following standards shall apply to any land or vegetation modification or construction within a geologically hazardous area as classified per BMC 20 14 620 and its buffer as described herein The Department will approve, approve with conditions or deny the development proposal based on its ability to meet the development standards The Department will also consider any proposed mitigation measures or buffer reductions included in a geotechnlcal report per subsection (c) of this section 37 Stormwater Code Updates (a) Areas of high geologic hazard as classified per BMC 20 14 620(a) shall be subject to the following standards (1) Building and Impervious Surface Buffer No construction of any structure or impervious surface is allowed within fifty (50) feet of the top and toe of the slope, unless reductions supportable by a geotechmcal report are approved (2) Native Vegetation Buffer Native vegetation shall be in place from the toe of the slope to twenty-five (25) feet beyond the top of the slope, unless modifications supportable by a geotechmcal report are approved Native vegetation shall meet the standards of subsection (g) of this section (b) Areas of moderate geologic hazard as classified per BMC 20 14.620(b) shall be subject to the following standards (1) Building and Impervious Surface Buffer No construction of any structure or impervious surface is allowed within twenty-five (25) feet of the top and toe of the slope, unless reductions supportable by a geotechmcal report are approved (2) Native Vegetation Buffer Native vegetation shall be in place from the toe of the slope to twenty-five (25) feet beyond the top of the slope, unless modifications supportable by a Geotechmcal Report are approved Native vegetation shall meet the standards of subsection (g) of this section (c) Reductions with Geological or Geotechmcal Report Modifications and/or reductions to the buffers prescribed per subsections (a)(1) and (2) and (b)(1) and (2) of this section may be granted if a geotechmcal or geological report demonstrates that modified or reduced buffers, through design and engineering solutions, will provide protection to the proposed development and adjacent properties equal to that of the standard buffer Such reports are subject to third -party review per BMC 20 14 660(h) Reductions shall re utilize the mitigation and performance standards listed per BMC 20 14 650 to the greatest possible extent Requirements for geotechmcal and geological reports are outlined in BMC 20 14 660 (d) Buffer Increase. Should the Department determine based on a geological or geotechmcal report that greater buffers than required per subsections (a)(1) and (2) and (b)(1) and (2) of this section are necessary to protect the proposed development and adjacent properties, greater buffers may be required The Department may require an applicant to submit a geotechmcal report with any proposal for land alteration that is located within two hundred (200) feet of an area of high or moderate geologic hazard if it determines through site visit, review of available documents, or history of prior events in the area, that the proposal could potentially require increased buffers to ensure safety (e) Elimination of Danger Trees Within high or moderate geologic hazard areas, removal of danger trees may be allowed only if such activity is approved by the Department, provided a certified arbonst in the State of Washington makes a written determination that the trees proposed for elimination present a legitimate safety hazard (f) Vegetation Thinning Within high or moderate geologic hazard areas, minor pruning of vegetation or trees for view enhancement may be allowed only if such activity is approved by the Department The following are allowable methods and techniques for vegetation thinning, except that mature or old- growth trees shall only be treated per method in subsection (f)(5) of this section (1) Tree Thinning The selective removal of branches in the inner crown of the tree, provided no more than twenty-five (25) percent of a tree's leaf - bearing crown is 38 Stormwater Code Updates removed An even distribution of interior small branches and foliage on remaining limbs shall be maintained to avoid over - thinning (2) Tree Raising The removal of the lower branches of a tree in order to provide clearance for passage or vistas After raising, the height of the pruned portion shall not exceed one -third (1/3) of the total tree height, provided, that removal of branches from the lower portion shall not exceed twenty-five (25) percent of the tree's leaf - bearing crown (3) Tree Reduction Reducing the height or spread of a tree for clearance or vistas by selectively removing leaders and terminals of branches Cuts should be made to lateral branches at unions, whereby the cut branch is at least one -third (1/3) the diameter of the stem at the union No more than twenty-five (25) percent of a tree's crown mass shall be removed, unless it can be demonstrated that further reduction is necessary for functions such as utility clearance (4) Tree Topping Topping shall be used as a last resort when it can be demonstrated that methods in subsections (f)(1) through (3) of this section are not feasible, or when it can be demonstrated by a certified arbonst that topping is less harmful to the particular species of tree than other listed methods Topping is the indiscriminate cutting of branches and laterals to stubs at a specific tree height or spread, often exceeding twenty-five (25) percent of a tree's crown mass Topping is harmful to a tree and creates unsightly regrowth that requires future trimming at frequent intervals When tree topping is used in a geologically hazardous area, the root system shall remain in place (5) Pruning Mature Trees Mature and old -growth trees are more susceptible to permanent damage or death from pruning Pruning of mature trees should only be done as a corrective or preventative measure, such as the removal of decayed, rubbing, or crowded branches (6) Brush Removal Clearing of noninvasive brush, shrubs, natural grasses and other such vegetation shall be the minimum necessary to maintain vistas, passage and other necessary functions (g) Native Vegetation Native vegetation shall be of appropriate plant selection and species to perform slope stabilization and erosion prevention functions The Department may require vegetation enhancement with appropriate species, and may call for an analysis of the relationship between vegetation and slope stability per BMC 20 14 660(e)(1) Valid scientific resources such as Washington State Department of Ecology documents "Vegetation Management A Guide For Puget Sound Bluff Property Owners," and "Erosion Control Using Vegetation" should be consulted when vegetation is proposed for slope stabilization and erosion control purposes (h) Erosion Control Clearing or grading of any area within a high or moderate geologic hazard area or within two hundred (200) feet of the high or moderate geologic hazard area shall be limited to the period between May 1 st to October 1 st, unless the applicant provides an erosion and sedimentation control plan prepared by a qualified professional licensed in the State of Washington that specifically and realistically identifies methods of erosion control for wet weather conditions All land modification proposals shall be consistent with the guidelines set forth in BMC 15 04 942090. Stormwater Systems / Engineering Design and Construction Standards Gen-, ai gystefa Development and Genstmetten StandaFds The faces of all cut and fill slopes shall be protected to prevent erosion as required by the engineered erosion and sedimentation control plan (i) Stormwater Runoff At no time shall concentrated stormwater runoff be allowed to surface flow directly over a moderate or high geologically hazardous area or its buffer on a 39 Stormwater Code Updates subject site or on neighboring properties To reduce potentially harmful stormwater runoff discharge from impervious surfaces, the Department may approve reductions to required parking standards, provided it can be demonstrated that such reductions would not significantly impact neighboring properties Stormwater discharge shall meet all standards set forth in BMC 15 04 94 090. Stormwater Systems / En mg_ eenng Design and Construction Standards General 0) Significant Development Risk In cases where a geotechmcal report indicates a significant risk to public health, safety and welfare, the Department shall deny or require revision of the site development proposal (k) Utilities, Trails, and Roads The following activities are allowable within geologically hazardous areas and buffers, provided it can be demonstrated through a geotechnical report that construction will not significantly increase landslide or erosion risk (1) Public or private trails approved by the Department per the provisions of this chapter, (2) Public or private utilities, (3) Public roads and related infrastructure (1) On -Site Sewage Disposal On -site sewage disposal should be avoided in areas of high geologic hazard and their buffers In cases where such areas cannot be avoided, review by a geologist or a geotechmcal engineer licensed in the State of Washington will be required in coordination with the Kitsap County Health District (m) Construction for Earthquake Loads All construction must meet the requirements of the City Building Code as set forth in Chapter 17 04 BMC SECTION S. Severabrhty 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 PASSED by the City Council the day of , 2013 GREG WHEELER, Council President Approved this day of , 2013 PATTY LENT, Mayor 40 Stormwater Code Updates ATTEST APPROVED AS TO FORM- SHANNON CORIN, City Clerk ROGER A LUBOVICH, City Attorney PUBLISHED the day of , 2013 EFFECTIVE the day of , 2013 ORDINANCE NO R TegalTegal\OrdmancesTublic Works & Utilities \Title 15 Updates 2013 \Chapters 15 01 & 15 04 Final doc 41 Stormwater Code Updates AGENDA BILL 17 CITY OF BREMERTON CITY COUNCIL SUBJECT Ordinance No 5206 creating a Study Session Date February 27, 2013 & new parking code March 13, 2013 COUNCIL MEETING Date March 20, 2013 Department City Clerk & Legal Presenter Shannon Corin & Roger Lubovich Phone 473 -5323 & 473 -2345 SUMMARY: The proposed ordinance repeals Chapter 10 10 BMC entitled "Restricted Parking Zones" and Chapter 10 11 BMC entitled "Parking Enforcement', and adopts a new chapter, Chapter 10 10 of the Bremerton Municipal Code entitled "Parking Code" The proposed ordinance consolidates and updates provisions of the existing codes In addition, the proposed ordinance amends Chapter 11 10 of the Bremerton Municipal Code relating to decommissioning and recommissioning of driveways and makes other related changes ATTACHMENTS- Proposed Ordinance No 5206 FISCAL IMPACTS (Include Budgeted Amount) None STUDY SESSION AGENDA ❑ No Discussion O Full Presentation STUDY SESSION ACTION ❑ Consent Agenda x❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No 5206 creating a new parking code and amending Chapter 11 10 of the Bremerton Municipal Code COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 ORDINANCE NO. 5-a d L AN ORDINANCE of the City Council of the City of Bremerton, Washington, repealing Chapter 10 10 BMC of the Bremerton Municipal Code entitled "Restricted Parking Zones" and Chapter 10 11 BMC of the Bremerton Municipal Code entitled "Parking Enforcement ", adopting a new chapter, Chapter 10 10 of the Bremerton Municipal Code entitled "Parking Code ", amending Chapter 11 10 of the Bremerton Municipal Code relating to decommissioning and recommissioning of driveways and making other related changes WHEREAS, the City Council desires to repeal its existing parking code set forth in Chapters 10 10 and 10 11 of the Bremerton Municipal Code and adopt a new parking code relating to parking restrictions for vehicles including recreational vehicles, boats or vessels, or trailers, and WHEREAS, the City Council desires to add language to Chapter 11 10 of the Bremerton Municipal Code currently set forth in Chapter 10 10 of the of the Bremerton Municipal Code relating to decommissioning and recommissioning of driveways, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Chapter 10 10 of the Bremerton Municipal Code entitled "Restricted Parking Zones" and Chapter 10 11 of the Bremerton Municipal Code entitled "Parking Enforcement" are hereby repealed in their entirety SECTION 2. A new chapter, Chapter 10 10 of the Bremerton Municipal Code entitled "Parking Code" is hereby adopted to read as follows Chapter 10.10 PARKING CODE 10.10.010 DEFINITIONS. For the purpose of this chapter, the words and phrases set forth in this section are defined as follows "Boat or Vessel" means every description of watercraft used or capable of being used as a means of transportation on the water including marine vehicle trailered or nontrailered P g ( ) "Block" means the area comprised of properties along each side of a street between two (2) intersections or an intersection and a road end "BMC" means Bremerton Municipal Code "City Parking Facility" means City owned or controlled parking facility, including parking garages and parking lots, whether paid or unpaid parking 1 Parking Code - Chapter 10.10 BMC i "Department" means the Department of Financial Services, unless another department is referenced "Director" means Director of Financial Services or other department director authorized by the Mayor to enforce this chapter, or their designee, including, but not limited to, parking enforcement officer, unless another director is referenced "Downtown core" means that area in downtown Bremerton from and including Warren Avenue east to the waterfront and from and including 6th Street south to the waterfront and the Puget Sound Naval Shipyard "Motor vehicle" means any self - propelled vehicle such as a car, truck, van, motorcycle, or any other similar self - propelled vehicle "Paid parking zone" means the street, or part thereof, within the City where parking spaces are restricted to paid parking "Parking generator" means anything that significantly increases commuter parking demand Examples include, but are not limited to ferry terminals, schools, hospitals, business districts, and military installations "Parking permit" means a permit issued by the City that exempts the permit holder, when displayed properly, from the parking restrictions in effect in the permit holder's restricted parking zone "Passenger load only zone" means a parking space reserved for passenger loading only These spaces will be marked with the time restriction applicable to them "Peak parking hours" means those hours in a day where a particular vicinity experiences the greatest demand for parking "Permit only zone" means a prescribed area where on- street parking is reserved for the exclusive use of the permit holders in the prescribed vicinity and their visitors holding a permit "RCW" means Revised Code of Washington "Recreational vehicle" means a travel trailer, motor home, truck camper, or camping trailer that is primarily designed and used as temporary living quarters, is either self - propelled or mounted on or drawn by another vehicle, is transient and is not immobilized or permanently affixed to a mobile home lot and further includes a dune buggy or off -road vehicle (trailered or nontrailered) "Resident," as used in this chapter, refers to an individual living in a dwelling unit or a business owner operating a business on property owned or leased by the business owner "Resident vehicle" means a motor vehicle parked in a prescribed residential area by a resident of the area "Residential area" means a contiguous area containing public rights -of -way or parts thereof primarily abutted by residential property or residential use "Restricted parking zone" means an area of the City subject to parking restrictions including time limits or other restrictions contained in this chapter including paid parking zones, passenger load only zones and other restricted parking areas or spaces both in residential and nonresidential areas "Residential restricted parking zone" means a restricted parking zone in a residential area "Street" means any right -of -way, highway, avenue, lane, road, drive, place, boulevard, alley, way, sidewalk, planting or parking strip, shoulder and every way or place in the City of Bremerton open as a matter of right to public vehicular travel or parking or other similar public use 2 Parking Code - Chapter 10.10 BMC "Trailer" means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a hitch or other connector, and ordinarily used for transporting items upon public rights -of -way "Vehicle" means motor vehicle, car, truck, vehicle, van, tractor, bus, trailer (including boat trailer with or without a boat situated thereon), recreational vehicle, tractor or semi - trailer, motorcycle or boat or vessel (trailered or nontrailered), whether licensed or unlicensed, or motorized or nonmotonzed, unless otherwise defined "Visitor vehicle" means a motor vehicle parked by a person who is visiting a resident within a residential restricted parking zone 10.10.020 PARKING ADMINISTRATION. Collection of parking fees, maintenance of parking meters or other collection devices, and the issuance of parking permits shall be administered by the Department of Financial Services, which shall promulgate procedures to administer permits as authorized in this chapter, including processes for establishing proof of residency, vehicle ownership, use or control, and for the revocation of permits for misuse Appropriate parking fee schedules, permit fees and related services as well as fines and penalties for violations shall be set by the City Council and are set forth in Chapter 3 01 BMC Fees may be collected by the use of parking meters, pay boxes or other devices and through the issuance of parking permits authorized by this chapter The Director shall, in a manner consistent with this chapter, establish, locate and post parking restrictions within the City rights -of -way where required to regulate parking 10.10.030 NONRESIDENTIAL RESTRICTED PARKING ZONES. The creation, deletion or boundary changes of restricted parking zones as defined in BMC 10 10 010 above in nonresidential areas may be initiated either (1) By the decision of the Director following a finding by the Director of Public Works & Utilities, or designee, that the change is in the best interest of the community and will improve the health, safety or welfare of the community, or (2) By motion, resolution or ordinance of the City Council as deemed appropriate 10.10.040 RESIDENTIAL RESTRICTED PARKING ZONES. (a) Creation The creation, deletion or boundary changes or time change of residential restricted parking zones as defined in BMC 10 10 010 above may be initiated either (1) By a venfied petition of property owners as provided for in Subsection (b) below for either a one (1), two (2), three (3), or four (4) hour parking restriction time period , or (2) By the decision of the Director following a finding by the Director of Public Works & Utilities, or designee, that the change is in the best interest of the community and will improve the health, safety or welfare of the community, or (3) By motion, resolution or ordinance of the City Council as deemed appropriate The City Council may, at any time, create a residential restricted parking zone or it may delete or change the boundary of a residential restricted parking zone created pursuant to Subsections (a)(1) and (a)(2) above (b) Petitions Property owners in a residential area as defined in BMC 10 10 010 above may seek to create, delete or change the boundary of a residential restricted parking zone or to change a parking restriction time period to a new parking restriction time period that is authorized in subsection (a)(1) above by submitting a venfied petition of at least two- thirds (2/3) 3 Parking Code - Chapter 10.10 BMC of the property owners of each parcel of property located within the block indicating support for the change Upon submittal of a venfied petition, the Director of Public Works & Utilities must make a finding that (1) There is an identifiable parking generator, (2) It appears that seventy -five percent (75 %) or more of the parking spaces located on the petitioning block are being used at peak parking hours, (3) The conditions described in subsections (b)(1) and (b)(2) of this subsection exist on at least three (3) contiguous blocks, (4) Whether the proposed parking restriction time period is appropriate, and (5) The parking restriction time period being changed has been in effect for at least one year (c) Appeal Appeals relating to the creation, deletion, boundary change or change of a parking restriction time period to a new parking restriction time period of a residential restricted parking zone may be made by a property owner within the designated permit area to the Municipal Court Hearing Examiner pursuant to BMC 10 10 140 below The right to appeal exists only when such creation, deletion, boundary change or time change was completed under Subsections (a)(1) above by a venfied petition or (a)(2) above by a Director's decision If such creation, deletion, boundary change or time change is subject to appeal, the City Clerk shall post notice in the particular residential area of the future location and boundaries of the proposed residential restricted parking zone and of the right of the property owner to appeal the designation within seven (7) working days A timely appeal will stay the action until the Municipal Court Hearing Examiner's review and decision The Hearing Examiner shall be authorized to deny the creation, deletion, boundary change or time change if he /she determines that significant errors were made in the process that created a substantial likelihood that the creation, deletion, boundary or time change would have failed had proper procedures been followed or if he /she determines that the creation, deletion or boundary change is not in the best interest of the community The change shall be enforceable following the expiration of the appeal period or at such time as any appeal filed is denied Until such time, the parking restriction previously in place, if any, shall continue (d) Posting (1) If the creation, deletion, boundary change or time change is subject to appeal under Subsection (c) of this section, the creation, deletion, boundary change or time change shall become effective at such time as notice is posted in the affected area of the location and boundaries of the residential restricted parking zone, and either (i) The seven (7) working day appeal period has expired without an appeal being filed, or (u) At such time as a decision of the Hearing Examiner is issued on an appeal filed under subsection (b) of this section (2) If the creation, deletion, boundary change or time change is not subject to appeal under Subsection (c) of this section, the creation, deletion, boundary change or time change shall become effective upon posting of applicable parking restriction signage in the residential restricted parking zone (e) Permit Only Zone Effective April 1, 2013, permit only zones cannot be created nor can their boundaries be changed by petition Permit only zones in effect on January 1, 2013 are grandfathered and may remain in effect or be deleted by petition The City Council may, at any time, create, delete or change the boundary of a permit only zone 4 Parking Code - Chapter 10.10 BMC 10.10.050 PARKING PERMITS. (a) Residential Parking Permits Residential parking permits may be issued to park in a residential restricted parking zone for motor vehicles not exceeding twenty-two (22) feet in length or having a maximum gross vehicle weight in excess of ten thousand (10,000) pounds only upon application of the following persons (1) A legal resident of the residential restricted parking zone who has a motor vehicle registered in his or her name, or who has a motor vehicle for his exclusive use and under his control (2) A person who owns or leases commercial property and actively engages in business activity within a residential restricted parking zone Permits will be issued for one (1) year terms and be renewed upon expiration conditioned upon meeting the residency requirements for a permit There shall be a limit of two (2) residential parking permits issued per dwelling unitibusiness location, unless parking availability allows a greater number not to exceed four (4) permits per dwelling unit as determined by the Director in his or her sole discretion (b) Visitor Parking Permits Visitor parking permits are authorized for residents of a residential restricted parking zone for bona fide transient use for visitors to the residence No dwelling unit or place of business located in a residential restricted parking zone shall be issued more than one (1) visitor permit It shall be the responsibility of the resident to control the use of the permit Bona fide transient uses include visiting guests, babysitters, repair persons and other similar visitors The following is prohibited (1) Parking in excess of seven (7) days within any thirty (30) day period unless approved administratively prior to such use, or (2) Parking more than one (1) block from the permitted residence, or (3) Use of visitor permits by residents for the residents vehicles Visitor permits shall only be used for visitor vehicles (c) Service Parking Permits Service parking permits may be issued, on a short term temporary basis, for parking of vehicles on a street for a period of time exceeding a parking restriction time period established in Section 10 10 030 and Section 10 10 040(a) above when necessary Service parking permits may be issued to landlords or their contractors for building improvements, individuals working in a home service industry (home health care, etc ), or for other short term use for the providing of services to a residence or to a business in a residential restricted parking zone or a nonresidential restricted parking zone Service parking permits, and any extensions thereto, shall be issued for a period not to exceed thirty (30) days unless the Director determines that a longer period is warranted The City may require proof of ongoing continuous work and of a City business or landlord license, as applicable, as a condition to maintaining or extending a valid permit (d) DisplaX Parking permits shall state thereon the particular restricted parking zone, the license number of the motor vehicle for which it is issued and the expiration date Permits shall be displayed so as to be clearly visible through the rear window of the vehicle on the left side thereof or the front windshield on the left side when necessary A parking permit shall not guarantee or reserve to the holder thereof an on- street parking space within the designated residential parking area (e) The Director may establish policies for the issuance of parking permits Parking permits may be issued throughout different times of the year based on zones or other criteria (f) Permits issued pursuant to this section are not subject to the parking restriction time periods such as one (1), two (2), three (3), or four (4) hour parking set forth in Section 5 Parking Code - Chapter 10.10 BMC 10 10 030 and Section 10 10 040(a) above, however, they are subject to the five (5) day parking restriction set forth in Section 10 10 070(b)(1) below unless otherwise permitted with a temporary parking permit pursuant to Section 10 10 070(b)(4) below 10.10.060 PARKING FOR DISABLED PERSONS. (a) As authorized pursuant to RCW 46 61582, a person who has received a current and valid special disabled person's card, decal or license plate from the Washington State Department of Licensing under RCW 46 19 050 shall be allowed to park a vehicle being used to transport such person in parking meter spaces free of charge and in nonmetered spaces for unlimited periods of time in parking zones or areas which are otherwise restricted as to the length of time parking is permitted except as otherwise provided in subsection (b) of this section This section shall have no application to those zones or areas in which the stopping, parking or standing of all vehicles is prohibited or which are reserved for special types of vehicles Such person shall not be permitted the foregoing privilege unless the person obtains and displays a distinguishing card, decal, or license plate issued pursuant to RCW 46 19 050 (b) No person shall stop, stand or park a vehicle in a parking space reserved for disabled persons provided on street or on private property without charge without obtaining and displaying a special license plate, card, or decal issued pursuant to RCW 46 19 050, provided, pursuant to RCW 46 19 050, a time limitation of four (4) hours is imposed on the use of such parking spaces for on- street parking when so signed and a time restriction of four (4) hours is imposed on the use of nonreserved, on- street parking spaces by vehicles displaying the special parking placards when such time restriction is clearly posted (c) A parking space or stall for a disabled person shall be identified as described in RCW 46 6158 1, including fine, time limitation (if applicable), and tow -away information Notwithstanding any provision in this chapter, in accordance with RCW 46 6158 1, failure of the person owning or controlling the property where required parking spaces are located to erect and maintain the sign is a Class 2 civil infraction under Chapter 7 80 RCW for each parking space that should be so designated The person owning or controlling the property where the required parking spaces are located shall ensure that the parking spaces are not blocked or made inaccessible, and failure to do so is a Class 2 civil infraction (d) No person shall make inaccessible the access aisle located next to a space reserved for physically disabled persons (e) Special Plate, Card or Decal Issued by another Jurisdiction RCW 46 61 583 is hereby adopted by reference 10.10.070 PARKING VIOLATIONS. In addition to those statutes set forth in the Washington Model Traffic Ordinance as adopted pursuant to Chapter 10 04 BMC restricting standing, stopping and parking of vehicles, it shall be unlawful and punishable as a civil infraction for any person to commit any of the following actions (a) Parking in Time Limit - and No Repark Zones (1) Downtown Core Where a time limit and no reparking is established by official signs, no vehicle may be reparked on either side of the same named street (i e , Pacific Avenue or 5th Street) in the downtown core during the same calendar day after the expiration of the posted time limit For purposes of this section, a vehicle shall be deemed to be reparked and in violation of this section even if the vehicle is moved prior to the expiration of the posted time limit and is reparked on either side of the same named street 6 Parking Code - Chapter 10.10 BMC (2) Residential Where posted, it is unlawful for a vehicle to remain parked, or to be reparked within four (4) blocks of the original parking location within a restricted parking zone, if the parking time or combined parking time for the vehicle exceeds the time limitations of the parking zone Vehicles issued permits under Chapter 10 10 BMC shall be exempt from posted time limits according to the terms of the permit, however, they will not be exempt from the time restrictions set forth in Subsections (b)(1), (b)(2) and (b)(3) below (b) Parking or Storage of Vehicles within Street Except when otherwise provided by Subsection (b)(4) below, the parking or storage of vehicles within any street shall be subject to the following parking restrictions in addition to other parking restrictions set forth in this chapter (1) Time Restriction — No Rep ark The parking or storage of any vehicle in the same parking location on a street in excess of five (5) consecutive calendar days without movement shall be unlawful If any time after the initial five (5) consecutive calendar day period the vehicle is still parked in the same location on the street in violation of the five (5) day parking restriction and is then reparked on the street within the same block for any period of time up to twenty four (24) hours, it shall be considered to be parked in the same location within the street and therefore still in violation of the five (5) day parking restriction (2) Recreational Vehicles, Boats or Vessels, and Trailers — Additional Restrictions No person shall park any recreational vehicle, boat or vessel, or trailer, as defined in Section 10 10 010, above on any street for longer than twenty-four (24) hours, unless such activity is authorized pursuant to a temporary permit pursuant to subsection (b)(4) below (3) Oversized Vehicles — Additional Restrictions The City Council finds that the parking and storage of commercial trucks, vans, tractor trailers, and semi - trailers, or combination thereof, exceeding twenty -two (22) feet in length (including any attached trailer) or with a maximum gross vehicle weight exceeding ten thousand (10,000) pounds presents unacceptable risks and hazards to public health, safety, and welfare when such vehicles are parked or stored on any street at times when such vehicles are not engaged in business or commercial activity Accordingly, no commercial truck, vehicle, van, trailer, or semi - trailer, or combination thereof exceeding twenty-two (22) feet in length (including any attached trailer) or with a maximum gross vehicle weight exceeding ten thousand (10,000) pounds, whether licensed or unlicensed, may be stored or parked upon any street for longer than twenty-four (24) hours, unless such activity is authorized pursuant to a temporary permit pursuant to Subsection (b)(4) below (4) Temporary Parking Permits - Exception to Time Restrictions A vehicle may park on a street for a period of time that exceeds the time restrictions set forth in this section, Section 10 10 070, as well as any parking restriction time period established in Section 10 10 030 and Section 10 10 040(a) above if it has been specifically permitted, on a temporary short term limited basis and for the period of time permitted Such a permit may be issued, (t) to a resident when necessary such as when the resident will be out of town or some other similar short term use, (u) with a public works right -of -way permit or other similar City or State authorization for construction or other related public purpose, or (iii) when otherwise authorized by the Director for good reason (c) Unauthorized Disabled Parking It is a traffic infraction for any person to park a vehicle in a public place provided on private property without charge or on public property reserved for physically disabled persons without a placard or special license plate as provided for in BMC 10 10 060 above and RCW 46 19 050 If a person is charged with a violation, the person shall not be determined to have committed an infraction if the person produces in court or before 7 Parking Code - Chapter 10.10 BMC the court appearance the placard or special license plate required under this section Additionally, it is a traffic infraction pursuant to subsection (a) of this section for any vehicle displaying the placard or special license plate as provided for in BMC 10 10 060 above and RCW 46 19 050 to violate any time restrictions imposed on nonmetered, on- street parking places reserved for persons with physical disabilities as well as nonreserved, on- street parking spaces (d) Parkin on n City Property A motor vehicle parking or standing on property owned, leased, or operated by the City is subject to the following restrictions (1) Only motor vehicles belonging to persons who work for the City, who are transacting business with the City or who otherwise have specific permission from the City, may be parked upon such property, and (2) Where pavement markings or signs designate parking stalls on such property, all motor vehicles must be parked within such stalls and not elsewhere on such property, unless otherwise authorized by the City, and (3) Where a parking stall or stalls is designated by pavement markings or signage, any motor vehicle parked in these stalls must be parked within the designated limits of the parking space as indicated (e) Parking against Traffic Except when otherwise provided by City code, ordinance or resolution, it shall be unlawful for any vehicle to stop or park on a street unless (1) Stopped or parked parallel (or at an angle when authorized) to the traveled portion of the street, (2) In the direction of authorized traffic movement of the street immediately adjacent thereto, and (3) Within twelve (12) inches of the curb or as close as practicable to the edge of the shoulder In the event of a conflict between the provisions of this Subsection (m) and RCW 46 61 575 adopted as part of the Washington Model Traffic Ordinance pursuant to Chapter 10 04 BMC, the provisions of this subsection shall apply (f) Expired Registration It is unlawful to park any vehicle on a street or on public property without valid, current vehicle license plates or registration tab displayed according to law (g) Inoperable Motor Vehicle It is unlawful to park or store an inoperable motor vehicle on a street or on public property For purposes of this subsection, an "inoperable motor vehicle" is defined as a motor vehicle which is (1) by any reason of dismantling, disrepair, or other cause is incapable of being propelled under its own power, (2) unsafe for operation on the streets and highways of this State due to inability to comply with the Washington Model Traffic Ordinance as adopted pursuant to Chapter 10 04 BMC, or (3) damaged to such extent as to render it illegal for operation on any street, including but not limited to any of the following broken head or taillights, broken or missing mirrors, cracked or missing window or windshield, deflated tires, missing seats or steering wheel or other general conditions that would render a vehicle incapable of being driven on a public highway (h) Junk and Abandoned Vehicles Enforcement of junk and abandoned vehicles may be pursuant to Chapter 46 55 RCW adopted as part of the Washington Model Traffic Ordinance pursuant to Chapter 10 04 BMC 8 Parking Code - Chapter 10.10 BMC (i) Counterfeit Permits It is unlawful for any person to copy, reproduce, or otherwise counterfeit a parking permit or to possess any counterfeit copy or facsimile of a City parking permit 0) Unauthorized Use of Permit It is unlawful for any person issued a parking permit by the City to (1) Lend, sell or assign said permit to another, (2) Display any permit issued to another, or (3) Display any permit issued when the recipient of the permit is no longer eligible pursuant to Chapter 10 10 BMC (k) Tampering with Parking Meters or Collection Devices No person shall deface, inure, tamper with, open, or willfully break, destroy, or impair the usefulness of any parking meter or collection device (1) Unlawful Parking in City Lot In addition to other enforcement remedies, it is unlawful to park any vehicle on a City-owned parking lot or structure without paying the posted fee or parking in excess of posted time limits or in violation of use restrictions (m) Obliterating Tire Markings It is unlawful to conceal, obliterate, or erase markings on vehicle tires made by a parking enforcement officer for the purpose of recording parking time (n) False Application It is unlawful for any person to intentionally provide false or misleading information on any application for a parking permit (o) Failure to Surrender Permit The Director is authorized to revoke the residential parking permit of any person found to be in violation of its intended use Upon written notification of permit revocation by the Director, it shall be unlawful for any person to fail to surrender a parking permit as directed (p) Parking Fee — Nonpayment It is unlawful to park a vehicle in any parking space monitored by a parking fee collection device, including parking meters, without payment as indicated on the collection device (q) Parking Fee — Time Permitted It is unlawful to park a vehicle in any parking space monitored by a collection device, including parking meters, for a consecutive period of time longer than that limited period of time for which parking is lawfully permitted in the time zone, irrespective of the amount of money deposited in such collection device (r) Habitation in Vehicles No person shall park and/or occupy any vehicle on any street for the purpose of habitation in such vehicle For purpose of this section, habitation means to camp, live or occupy within such vehicle for residential purposes 10.10.080 ENFORCEMENT PROCEDURES. (a) Enforcement Officer The parking regulations set forth in this chapter and the Washington Model Traffic Ordinance as adopted pursuant to Chapter 10 04 BMC shall be enforced by the, (1) City's police officers and other law enforcement officers, and/or (2) City's parking enforcement officers, as applicable The City's parking enforcement officers include parking enforcement officers with limited commission as set forth in subsection (d) below and those City officials authorized by the Director of Financial Services or by the Director of Public Works & Utilities to enforce provisions of this chapter (b) Notice of Infraction If any vehicle is found parked, standing, or stopped in violation of this chapter, or otherwise violates the provisions of this chapter, the enforcement officer finding the vehicle shall take its license number and may take any other information 9 Parking Code - Chapter 10.10 BMC displayed on the vehicle which may identify its user and shall conspicuously affix to the vehicle a notice of parking infraction A notice of parking infraction represents a determination that a parking infraction has been committed (c) Registered Owner — Responsible for Violation In any parking violation case involving an infraction relating to the stopping, standing, or parking of a vehicle, the registered owner of the vehicle shall be responsible for the violation unless the registered owner can provide proof that the vehicle was sold or stolen or other similar event in which the registered owner had no direct or indirect control of the vehicle (d) Limited Commission Officers The City's Police Department is authorized to appoint parking enforcement officers with a limited commission to issue notices of infractions for violations of the City's parking regulations 10.10.090 FINES AND PENALTIES. Unless specifically set forth elsewhere in this chapter, the fines and penalties for parking violations of the provisions of this chapter and provisions of the Washington Model Traffic Ordinance as adopted pursuant Chapter 10 04 BMC, defined as an infraction, shall be pursuant to Chapter 3 01 BMC and Chapter 10 04 BMC 10.10.100 FAILURE TO RESPOND — ADDITIONAL PENALTY. Any person who has been issued a notice of infraction relating to parking pursuant to BMC 10 10 080(b) above and who fails to respond as provided in RCW 46 63 110, as adopted by the Washington Model Traffic Ordinance pursuant to Chapter 10 04 BMC pursuant to Chapter 10 04 BMC, shall pay an additional penalty of twenty-five dollars ($25 00), regardless of the disposition of the notice of infraction This enhanced penalty shall be in addition to a misdemeanor citation which may be issued for failure to respond to a notice of infraction 10.10.110 VEHICLE IMPOUND — OTHER ENFORCEMENT. Any vehicle parked and/or used in violation of this chapter, Chapter 10 10 BMC, or any regulation or restriction established thereunder, or any other applicable provision of the Bremerton City Code or of any ordinance, is an unauthorized vehicle declared to be a nuisance which may be summarily abated by the impounding and removal of the vehicle as follows (a) Impound with Notice As authorized pursuant to RCW 46 55 080(1), an unauthorized vehicle left within a street may be impounded under the direction of a police officer or parking enforcement officer after notice of such proposed impoundment has been securely attached to and conspicuously displayed on the vehicle for a period of twenty-four (24) hours prior to such impoundment pursuant to RCW 46 55 085 under the following circumstances (1) Violations of Parking Code When such vehicle is parked and/or used in violation of the provisions of this chapter or any other law, ordinance or regulation, or (2) Chronic Nuisance A vehicle is hereby declared to be a chronic nuisance and subject to impound as provided herein when (i) Outstanding Infractions When a vehicle is parked on any street or City parking facility within the City and there are three (3) or more outstanding parking infractions issued against the vehicle for each of which a person has failed to respond, failed to appear at a requested hearing, or failed to pay a parking infraction for at least 45 days from the date of the filing of the notice of infraction (ii) Multiple Infractions When a vehicle is parked on any street within the downtown core as defined in BMC 10 10 010 above and said vehicle has been issued six (6) or more parking infractions while parked on any street within the City, whether paid or 10 Parking Code - Chapter 10.10 BMC I unpaid, within the preceding ninety (90) days Furthermore, such vehicle may not park on any street within the downtown core for a period of ninety (90) days from the date of issuance of the notice of impoundment (b) Impound without Notice As authorized pursuant to RCW 46 55 080(1), a vehicle may be impounded under the direction of a police officer or parking enforcement officer, with or without citation and without giving prior notice to its owner as required in Subsection (a) above hereof, only under the following circumstances (1) Public Safety When a vehicle is unattended upon a street where the vehicle constitutes an obstruction to traffic orjeopardizes public safety as defined in RCW 46 55 113, or (2) City Parking Facility When an unauthorized vehicle is parked in a City owned or controlled parking facility which is properly posted with parking restrictions pursuant to RCW 46 55 070 (c) Other Impoundment In addition to the impound provisions set forth in Subsections (a) and (b) above and those penalties established pursuant to this chapter, a vehicle in violation of any of the parking regulations established herein may be impounded by a registered tow truck operator at the direction of a police officer pursuant to those requirements established in WAC 308 - 330 -406 and other related sections of the Washington Model Traffic Ordinance as adopted pursuant to Chapter 10 04 BMC (See RCW 46 55 113) (d) Immobilization of vehicle In lieu of impoundment, a vehicle may be immobilized with a restraining device (ie boot) A vehicle that has been immobilized for forty- eight (48) or more hours may be impounded, unless the vehicle needs to be towed sooner for public safety reasons as set forth is subsection (b)(1) above as determined by the police officer or parking enforcement officer 10.10.120 COSTS OF IMPOUND. (a) The registered owner shall be responsible for all towing and storage costs relating to impounds of a nuisance vehicle If the vehicle is immobilized pursuant to this chapter, the Police Department shall affix to said vehicle a notice setting forth procedures for release and directing, that in addition to the payment of fines or posting bail, the owner shall pay an administrative immobilization fee of one hundred dollars ($100 00) before the vehicle may be released (b) If impounded or immobilized, the vehicle shall not be released until the Police Department, or its designee, parking enforcement officer or towing company, as applicable, receives a receipt or other notice from the court showing that all infractions and crimes relating to standing, stopping or parking the vehicle have been paid or otherwise resolved unless such release is otherwise approved by the Police Department, or its designee or parking enforcement officer for good reason 10.10.130 ENFORCEMENT - EXEMPT PERIODS. Time restrictions on parking, as set forth in this chapter, shall not be effective on City holidays identified in BMC 102 020 or such additional days specifically exempted by Council resolution, except that enforcement in residential restricted parking zones shall be at the times posted 10.10.140 APPEAL. Appeals relating to the creation, deletion, boundary change or time change of a restricted parking zone pursuant to BMC 10 10 040(c) above and appeals of t-r- af€ie- parking infractions and 11 Parking Code - Chapter 10.10 BMC impoundments pursuant to this Chapter shall be filed with and heard by the Municipal Court Hearing Examiner pursuant to BMC 2 62 045 Failure to appear at the scheduled hearing will be deemed a waiver of any rights to contest the declaration SECTION 3. Chapter 11 10 of the Bremerton Municipal Code end "Sidewalks — Duties of Abutting Property Owners" is hereby amended to add a new section relating to decommissioning and recommissioning of driveways as follows Chapter 11.10 SIDEWALKS - DUTIES OF ABUTTING PROPERTY OWNERS 11.10.010 n r A r_rmE_r 4 NGE OF HAZARDOUS CONDITIONS PROHIBITED. (a) It shall be the duty of persons occupying property abutting on public sidewalks to keep those sidewalks free of snow, ice, obstruction or other objectionable thing It shall be the duty of the owner and/or any person, firm, or corporation occupying or having charge or control of any premises abutting upon any public street, right -of -way, or alley, or beneath such public sidewalk area in the City to construct, place, cause, create, maintain, or permit to remain upon any sidewalk then beoveea the adjaeent edge of the tEffeled pei4tea of sueh fight of way and the abaoing any condition, structure, or object dangerous or hazardous to the use of said rtght- ef wvt y sidewalk by the members of the general public including, but not limited to, the following conditions (1) Defective sidewalk surfaces including, but not limited to, broken or cracked cement, stub -toes, depressions within or between sidewalk joints, (2) Defective cement surfaces placed adjacent to the public sidewalk or defects at the puncture between said cement surfaces and said public sidewalks, including stub - toes or depressions at said junction, (3) Defects in sidewalks or public ways caused or contributed to by the roots of trees or similar growth or vegetation located either on private adjoining property or on the parking strip portion of any such street right -of -way, (4) Defective conditions caused by tree limbs, foliage, brush or grass on or extending over such public sidewalks or rights -of -way, (5) Defective conditions on the planting strip, unless posted for parking, (6) Defects resulting from accumulation of ice and snow on public sidewalks or on the right -of -way between the curbline or, if there is no curbline, then between the adjacent edge of the traveled portion of the street roadway and the abutting property line, (7) Defects consisting of foreign matter on the public sidewalks including, but not limited to, gravel, oil, grease, or any other foreign subject matter that cause pedestrians using said sidewalk to fall, stumble or slip by reason of the existence of such foreign matter, (8) Defective handrails or fences or other similar structures within or immediately adjacent to said right -of -way (b) The term "person occupying property" shall mean owners, tenants, subtenants and licensees who occupy or are end to occupy and make general use of property (1) In the case of apartment houses, rooming houses, courts, and similar buildings, the term "person occupying property" shall mean that person or persons owning or in control and management of the building on the property 12 Parking Code - Chapter 10.10 BMC (2) In the case of office buildings, duplexes and other property occupied by more than one (1) person, firm or family and not included in subsection (b)(1) of this section the term "person occupying property" shall mean each of the owners or occupants of such building whose premises are on the sidewalk level and they shall be responsible for so much of the sidewalk as is adjacent to their premises (c) For purposes of this section the term "sidewalk" shall mean part of any n hg t -of way located between the curbline or if there is no curbline then between the adiacent edge of the traveled portion of such right -of -way and the abutting property line (4) Construction or reconstruction of a sidewalk by the abutting property owner may be required when necessary for public safety and convenience pursuant to Chapter 35 69 RCW 11.10.020 DUTY TO MAINTAIN, CLEAN AND REPAIR SIDEWALK. Whenever any public right -of -way in the City has been improved by the construction of a sidewalk along either side thereof, the duty and expense of the maintenance, cleaning, repair and renewal of said sidewalk, including the erection or maintenance of suitable barriers along the outer margin of said sidewalk where the same is elevated more than two (2) feet above the abutting property, shall be upon the owner of the directly abutting property All such repairs shall be made after application for and issuance of a proper building permit therefor, as required by law, and all of such work to be duly inspected and approved by the city engineer or designee 11.10.030 SIDEWALK RELOCATION. Any person, firm or corporation desiring to change or relocate any sidewalk in front of and abutting its property shall make application in writing to the engineering department of the city, and such application shall contain, among others, the exact location of such proposed change or relocation, the location of any new sidewalk to be laid and the connections and locations of other sidewalks upon such street, no change or relocation of any sidewalk shall be made until the issuance of an appropriate permit therefor 11.10.040 DRIVEWAYS - DECOMMISSIONING AND RECOMMISSIONING. The provisions of this section authorize the decommissioning of driveways not formally abandoned pursuant to City right -of -way standards in order to allow street parking on parts of streets fronting the decommissioned driveways and further provide for the recommissioning of said driveways when appropnate fal Decommissioning of Driveways The owner of the property upon which a driveway is located may apply for a decommissioning of the driveway by the filing of a written request on a form and with the information required by the Department and by the payment of the re uired fee set forth in Rate Table G of the Ci of Bremerton's rate and fee schedule Upon meeting these conditions and a determination of the Director that the dnveway is no longer re uired and that the area of the street fronting the driveway may be used for street parking, the Ci will Dost the area of the street fronting the decommissioned dnveway as authorized for street parking_ Recommissioning of Driveways The owner of the property upon which a decommissioned driveway is located may apply for a recommissioning of the driveway The request shall be made by the filing of a written request on a form and with the information required by the Department and by the payment of the required fee set forth in Rate Table G of the Cqy of Bremerton's rate and fee schedule Upon meet these conditions and a determination of the Director that the driveway may be recommissioned the City will remove 13 Parking Code - Chapter 10.10 BMC the street suns which authorized parking on the area of the street fronting the decommissioned driveway Lcj The City may, at any time, remove the street signs which authorized parking on the area of the street fronting the decommissioned driveway and prohibit such parking due to public safety or other related reasons 11.10.848050 VIOLATION - PENALTY. (a) Any violation of any provision of this chapter constitutes a civil violation under Chapter 104 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 BMC 1 12 020(2) Each day, or a portion thereof, during which a violation occurs shall constitute a separate violation SECTION 4. Severab&U 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 S. 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 day of , 2013 GREG WHEELER, Council President Approved this day of 1 2013 PATTY LENT, Mayor ATTEST APPROVED AS TO FORM SHANNON CORIN, City Clerk ROGER A LUBOVICH, City Attorney PUBLISHED the day of 9 2013 EFFECTIVE the day of , 2013 ORDINANCE NO R \Legal\ Legal \Ordinances \Finance \Parking\Parkmg Code BMC 10 10 - 2013 - Final doc 14 Parking Code - Chapter 10.10 BMC -- a PARKING: Time Limited The following list of cities within Washington State and with a population of 10,000 ci ti zens or j 3 more, contain with their Municipal Code references to limits on parking Aberdeen Chapter 10.20 - PARKING Section 10.20.050 Basic limit. Unless otherwise provided by ordinance it is unlawful to park any vehicle for a tune longer than twenty-four (24) hours on any street in the city of Aberdeen. (Prior code § 9 09.040) Auburn Chapter 10.36 - STOPPING, STANDING AND PARKING; Section 10.36.260 Seventy- two -hour parking limit. No owner, driver or other person having charge of any vehicle shall permit such vehicle to stand or to be parked in any street in the city for more than 72 hours consecutively (Ord. 5212 §1 (Exh. F), 1999, 1957 code § 9 22.210) I Bellevue Title 11- VEHICLES AND TRAFFIC; Section 11.23.020 Parking - Over 24 hours prohibited. No person having control over a vehicle may park such vehicle upon any public street or public way or leave such vehicle in the same public place for a period exceeding 24 hours (Ord 4611 §6,1993 ) Bellingham Chapter 11.33.060 — STOPPING, STANDING OR PARKING A Except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or official traffic control device, no person shall stop, stand, or park a vehicle. #25. For a consecutive period of longer than 24 hours in one place upon the city street; Bothell Chapter 10.30 — MISCELLANEOUS PARKING REGULATIONS Section 10.30.060 Abandoning vehicles unlawful. No person shall leave or permit a vehicle to remain on any highway or private property without the permission of the owner longer than 24 hours; provided, however, said vehicle may remain on the highway not to exceed 72 hours if it is lawfully parked. (Ord 1627 § 1,1996; Ord 920 5 4,1979) Camas Chapter 10.08 — STOPPING, STANDING AND PARKING Section 10.08.020 Time limit — Nonposted streets Except for those streets with posted time limits for parking as provided for in Section 10.08 010, it is unlawful to park any vehicle on any street for a period longer than seventy-two (72) hours (Prior code §4.08 020) Centralia Chapter 11.20 - STOPPING, STANDING AND PARKING Section 11.20.040 Two -hour parking from 7 a m. to 6 p m C It is unlawful for a motor vehicle to be parked on any public street or avenue in the city of Centralia for a period of greater than forty-eight (48) hours Cheney Chapter 11.48 - PARKING Section 11.48.040 Continuous time limit. It is unlawful to park and leave standing upon any public nght -of -way, including any parking lot owned or controlled by the city unless an extended period of parking is approved by the chief of police, any velucle, trailer, coach, parts or any other conveyance for a continuous period longer than seventy-two (72) hours The police department, after diligent inquiry to locate the owner thereof, may unpound the vehicle or other property under provisions of Section 11.60 020 of this code, and RCW Chapter 46 55. (ord P -76 § 3 (part), 1993) Edmonds Chapter 8.52 - RESIDENTIAL PARKING ZONE REGULATIONS Section 8.52.010 Residential parking permits defined When properly issued and displayed, a residential parking permit (permit) shall exempt a specified vehicle, while parked within a specific limited parking zone for which the permit was issued, from citation for parking longer than the posted time limit for that particular zone and no other, provided, that the permit shall not authorize parking for more than 72 consecutive hours in any one location or as specified specifically in this chapter The permit shall not guarantee a parking space, nor shall it exempt the vehicle or operator from observing zones where parking is prohibited at all tunes, including but not limited to no parking zones, load zones, fire zones and all other applicable regulations contained in ECC Title 8 (Ord 3606 § 1, 2006) Elle_ nsburg Chapter 8.12 — PARKING RESTRICTED Section 8.12.040 24 -hour parking restriction A no person shall stop, stand, or park any vehicle on any street in the city of Ellensburg for a period longer than 24 hours Enumclaw Chapter 10.18 — STOPPING, STANDING AND PARKING Section 10.18.110 All day parking No person shall park or stand in any vehicle upon any street or public way for a period exceeding 24 hours, regardless of any other regulation then in effect When any velucle is parked or stands for a period exceeding 24 hours, the vehicle is deemed to constitute a hazard or obstruction to traffic or is deemed an abandoned vehicle and may be impounded as provided in EMC 10 31020 (Ord 1261 § 1, 1979) Everett Chapter 46.28 — PARKING Section 46.28.220 Use of streets and alleys — Parking over seventy-two hours, storage of vehicles prohibited. B No person shall park any vehicle at the same location on any city street or other public right -of -way within the city for more than seventy-two continuous hours without driving the vehicle through or across a street intersection If the vehicle being parked in violation of this subsection is subject to a more restncttve statute or ordinance, the statute or ordinance with the more restrictive tune period controls. Kennewick Chapter 11.36 — MISCELLANEOUS DRIVING RULES Section 11.36.050 Storing of Vehicles on Public Right of Way No person may allow a stationary vehicle to remain upon a public way for more than seventy two (72) consecutive hours A person may continuously park a vehicle on that portion of the public way immediately fronting his residence for a period not to exceed two (2) weeks if all vehicles owned by members of the household are stored on the premises or solely on the public way immediately fronting the residence The movement of a vehicle for the primary purpose of avoiding the provisions of this subsection is not a defense to a charge of violating this subsection. (Ord 3660 § 4, 1995, Ord 3165 § 1, 1988, Ord 2723 § 1, 1984) Lake Forest Park Chapter 10.12 - PARKING Section 10.12.015 No extended parking No one shall park or permit a privately owned vehicle to remain on any highway, street, public right -of -way, or public property located within the city of Lake Forest Park for more than 72 hours (Ord. 824 § 2, 2000) Lonai ew Chapter 11.44 — STOPPING, STANDING AND PARKING Section 11.44.145 Tune limits — nonposted streets & public property In addition to time limits otherwise set forth in this code, whether or not posted upon streets, publicly owned or controlled parking facilities, or other public property, it is unlawful to park any vehicle in one place upon a city street, a publicly owned or controlled parking facility, or other public property within the city limits of Longview for a time period exceeding 72 consecutive hours The maximum fine for such parking violation shall be the sum of $35 00 (Ord. 2813 § 1, 2001; Ord 2746 § 2,1999) Lynden Chapter 10.08 — PARKING AND LOADING Section 10.08.071 Parking of vehicles restricted A. No motor vehicle or nonmotorized vehicle shall remain upon the city streets or j rights -of -way in one location for more than seventy-two consecutive hours. I i I Mercer Island Chapter 10.74 PERMIT PARKING f Section 10.74.020 Parking permits A. Permits Required. A valid Mercer Island parking permit must be obtained from the city and prominently displayed, as directed by the city, on any vehicle parked on z any city street or in any off - street parking lot with posted restrictions requiring such permit. Such parking permit does not guarantee a parking space, does not authorize parking for more than 72 consecutive hours in any one location and does not exempt I the permit holder from observing zones where parking is prohibited at all or specified tunes for safety reasons or for reasons other than those related to the parking permit, including but not limited to permanent or temporary no parking zones, loading zone, fire zones, and disabled parking areas I a i Moses Lake Chapter 10.12 — PARKING REGULATION Section 10.12.037 Parking Time Limited and Regulated No velucles as define in MLMC 8 50 020 J chall be habitually parked or stored continuously in any one block upon any public street or highway in the City of Moses Lake at any time for a period longer than two hundred and forty (240) hours, regardless of any other regulations then in effect When any velucle is parked or stored for a period exceeding two hundred and forty (240) hours, the vehicle is deemed to constitute a hazard or obstruction to traffic or is deemed an abandoned vehicle and may be impounded as provided for in MLMC 8 54 (Ord 2261, 6/27/06) Mount Vernon Chapter 10.20 - PARKING ZONES Section 10.20.150 Parking over 24 hours prohibited No person having control over a vehicle may park such vehicle upon any public street or public way or leave such vehicle in the same public place for a period exceeding 24 hours When any vehicle is parked or stands for a period exceeding 24 hours, the vehicle may be deemed to constitute a hazard or obstruction to traffic or an abandoned vehicle, and may be impounded in accordance with MVMC 10 06 020 (Ord 3304 § 5, 2005) Olympia Chapter 10.16 - STOPPING, STANDING AND PARKING Section 10.16.055 Residential Parking Program Established D There are established iesidenual program guideline requirements within the City, as follows. 3 The registered vehicle must be moved at least once every five days Port Angeles Chapter 10.10 — PARKING Section 10.20.060 General Manner of Parking and restrictions thereon , D (2) If the vehicle is parked on a City street for an unreasonable period of tune, which for f the purposes of this Subsection, shall be more than fourteen consecutive days Port Townsend Chapter 10.04 — PARKING 1 Section 10.04.200 Twenty-four hour parking. E In the absence of other time hmitation, it is unlawful for the owner, or other person } in possession of any velucle, to park or stand, or cause or permit to be parked or stood, such vehicle on any street or public right -of -way in the city for a period of a more than 24 consecutive hours, and provided that this section shall apply to city- owned off-street parking areas established as such, and further provided that nothing herein shall prevent the limiting of parking to a lesser period for tune, either by ordinance or by order of the chief of police. (Ord. 1812 § 2,1978, Ord 1509 § 1, 1967). Puyallup Chapter 10.36 — STOPPING, STANDING AND PARKING Section 10.36.110 Extended parking and certain vehicles prohibited It is unlawful to park upon the public streets of the city for more than 72 consecutive hours any vehicle or motor vehicle In addition, no person shall park a vehicle on any street or alley, except in an industrial zone, as defined in the zoning code of the city at any time except while actually loading or unloading if the vehicle is a truck and /or trailer or other conveyance which is over 84 inches wide For the purposes of this section, "vehicle" means and includes every device capable of being moved upon a public highway and in, upon or by which any persons or property is or may be transported or drawn upon a public highway, and the term "motor vehicle" means every velucle which is self-propelled. (Ord 2119 § 1,1987; Ord 2048 § 1,1985; Ord 1953 § 1, 1982) R edmond Chapter 10.52 — STOPPING, STANDING, PARKING Section 10.51.110 All day parking No person shall park or stand any vehicle upon any street or public way for a period exceeding twenty -four hours, regardless of any other regulation then in effect. When any vehicle is parked or stands for a period exceeding twenty-four hours, the vehicle shall be deemed to constitute a hazard or obstruction to traffic or an abandoned vehicle and may be impounded as provided in Section 10 04.070. (Ord. 417 § 2, 1987, Ord 304 § 901,1963) R enton Chapter 10 -10 PARKING REGULATIONS Section 10 -10 -14 Extended unauthorized parking A. No person shall park a vehicle on any street or other municipal property for a period of time longer than seventy-two (72) consecutive hours, unless an official posted sign provides a shorter period of tune, or unless otherwise provided by law Seattle SDOT — 72 hour On- Street Parking Ordinance The City of Seattle has many signs posted around the city that limit the amount of time a vehicle may park on the street (such as a 2 -hour limit between 7 a m. — 6 p m, etc) Regardless of whether or not there is any sign posted, the City's Traffic Code does not allow a vehicle to be parked on a city street for longer than 72 hours. The Traffic Code also prohibits junk motor vehicles from being left on City Streets. Sumner Chapter 10.36 — PARKING Section 10.36.114 Storage of vehicles or material in right -of -way The parking and storage of motor vehicles and other objects upon city streets and right -of- way for any of the following purposes or in the following manner is prohibited. A. Parking or storage of a motor vehicle which is temporarily or permanently inoperative for any reason whatsoever, including lack of proper license, except parking for emergency repairs not requiring more than 48 consecutive hours total time shall be permitted, Tukwila Chapter 9.20 - LOCAL TRAFFIC AND PARKING REGULATIONS Section 9.20.040 Parking on City streets and highways prohibited No person shall stop, park, leave standing, or store any vehicle, whether attended or unattended, on any street or highway within the City for more than 72 hours. Such parking may be summarily abated by issuing a notice of infraction and /or by impounding the vehicle in the same manner as provided in TMC 9 20.090. Provided, however, that any such vehicle stopped, parked, stored or left unattended on any street or highway within the City without a valid registration plate will be subject to immediate issuance of a notice of infraction without regard to the length of time the vehicle has been stopped, parked, stored or left unattended. The impounding of such a vehicle shall not prevent or preclude the institution and prosecution of charges in the Municipal Court or elsewhere for violation of this section (Ord 1975 § 1 (part), 2001) Chapter 9.20 — LOCAL TRAFFIC AND PARKING REGULATIONS Section 9.20.050 Parking in restricted areas B Residential Parking Permits — Residents who can prove their residence is on a street with limited parking hours can apply for a residential parking permit at Tukwila City Hall. Residents may park in one spot, including on a street with a sign denoting hmnted hours for parking for no longer than 72 hours, and shall follow all other applicable laws for parking on City streets. (Ord 1975 § 1 (part), 2001). Vancouver Chapter 9.64 — STOPPING, STANDING AND PARKING Section 9.64.050 Limitation on all night and prolonged parking (a) No person shall stop, stand or park a vehicle upon any street described in subsection (b) below between the hours of two a in and five a m no person shall stop, stand or park a vehicle upon any street in the city of Vancouver for any prolonged period of time which will render such parking inconvenient to residents to the vicinity of such parking or will interfere with the reasonable operation of the public works department or fire department Any vehicle parked in violation of this section may be removed in accordance with the tow provisions of the traffic code. Walla Walla Chapter 10.13 STOPPING, STANDING AND PARKING Section 10.13.090 Prohibited purposes A. No person shall park any vehicle, including camping trailers, travel traders, mobile home, campers, boats or recreational vehicles or automobiles, trucks or other vehicles, upon a roadway in the city for the purpose of 1. Repairing or rehabilitating any moperauve vehicle, except repairs, necessitated by an emergency, which can be accomplished within a single seventy-two hour period, 2 Storing, such vehicle for any period exceeding twenty-four consecutive hours; 3. Habitating in such vehicle or occupying such vehicle for residential purposes B. No person shall park any vehicle used primarily for commercial purposes upon any roadway in a residential area for any period exceeding eight consecutive hours (Ord 98 -24 § 4,1998; Ord. 95 -20 § 1 (part), 1995) Washou Chapter 10.32 — PARKING Section 10.32.030 Time limits — towaways for violation No person shall stop, stand or park any vehicle on any of the city streets for a period longer than 24 hours at any one time except that no person shall park for a period in excess of two hours at any one time at "B" Street from the west corner of 17` Street to the east corner of 22" d Street and no person shall park for a period in excess of two hours on 17` 18` and 19` Street between "A" and "B" Streets, and no person shall park during the hours between 8 00 a m and 5 00 p m. during weekdays, for a period in excess of 20 minutes at any one time on "C" Street between W and 17` Street on the north side of "C" Street in front of City Hall In the event that a vehicle is left standing on the streets for a period in excess of that prescribed herein, any police officer shall have the right and authority to impound the vehicle, have it towed to a place of safety and the owner of the vehicle shall be liable for the cost of towing and storage. (Ord 901 § 1,1998; Ord 432 § 1, 1974, Ord. 418 § 1, 1970, Ord 357 § 4,1967). Wenatchee Chapter 8.48 — ABANDONED VEHICLES Section 8.48.080 Unlawful to abandon junk motor vehicles. No person shall willfully leave a junk motor vehicle on private property for more than 24 hours without the permission of the person having the right to possession of the property, or upon or within the right -of -way of any highway or other property open to the public for purposes of vehicular travel or parking for 24 hours or longer without notification to the chief of police of the reasons for leaving the motor velucle in such a place For the purposes of this section, the fact that the motor vehicle has been so left without permission or notification is prima facie evidence of abandonment. Any person convicted of violating this chapter shall be assessed any and all costs incurred by the city in disposing of such vehicle (Ord 2711 § 9, 1988) Yarrow Point Chapter 10.04 — TRAFFIC CODE Section 10.04.055 Parking Zones established D. Seventy -two hour parking. Parking on all other streets and avenues within the town, not otherwise addressed in subsections A, B and C of this sections, shall be limited to 72 hours. From: Lori Smith on behalf of City Council Sent: Wednesday, March 20, 2013 12 47 PM To: 'Rand' Cc: City Council, City Clerk Subject: RE Citizen Comment - Kitsap Sun Article 'Shuffling Cars' (R Moffatt) Mr Moffatt, Thank you for your letter, which I have provided to the Council Members for their review and consideration Your comments will also be made a part of the record Thank you, Lori Lori Smith Legislative Assistant Bremerton City Council (360) 473 -5280 From: Rand (mailto rmoffatt(5)wavecable.com Sent: Wednesday, March 20, 2013 11:32 AM To: City Council Cc: letters@kitsupsun com Subject: 'Shuffling Cars' Hello, I am new to the area The beauty of Western Washington is overwhelming I am impressed by the abounding kindness I receive at every contact But, why is the City of Bremerton so thoughtless imagining that the 'Shuffling of Cars' is note worthy? This seems so mean spirited And, short sighted Surely, the City of Bremerton might find another way to find crime And, should there be no crime I am certain that there are plenty of 'need based requirement's' deserving the City's attention Not the 'shuffling of cars' Let us realize — this is an embarrassing use of the Council's time Moving one's cars is not the issue The lack of free parking might be the answer Bremerton is not a metropolis Small businesses not only benefit from free parking but also from the City workers parking They eat and shop during their off -hours And, if the City of Bremerton was offering parking for their employees they would not need to park on the street Maybe employees are making too much in salary and should fund their own space? i Bremerton seems to be a kind community Why behave contrary engaging with such insidious issues? R Moffatt rmoffatt @wavecable com i � f � 2 AGENDA BILL " 7 Co CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No 3188 amending Study Session Date February 27, 2013 & and reestablishing fees, fines and penalties March 13, 2013 regarding parking and related matters COUNCIL MEETING Date March 20, 2013 Department City Clerk Presenter Shannon Conn Phone 360- 473 -5323 SUMMARY: A review of the current fines and penalties for parking infractions was done by the Municipal Court, City Clerk, Legal and Impark Administration proposes the changes to simplify the parking fine structure and be comparable to other jurisdictions ATTACHMENTS: Resolution No 3188 FISCAL IMPACTS (Include Budgeted Amount) An estimated $8,000 increase to the Parking Fund revenue for 2013 STUDY SESSION AGENDA 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda x❑ General Business ❑ Public Hearing RECOMMENDED MOTION - Move to adopt Resolution No 3188 amending and reestablishing fees, fines and penalties regarding parking and related matters COUNCIL ACTION. ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01125/13 RESOLUTION NO. -316 6 A RESOLUTION of the City Council of the City of Bremerton, Washington, amending and reestablishing fees, fines and penalties regarding parking and related matters WHEREAS, the City Council desires to amend and reestablish the fees, fines and penalties regarding to parking and related matters set forth in the Municipal Court - Rate Table B as established by Resolution No 3168, NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS SECTION I Rate Table amended Fees, fines and penalties set forth in Municipal Court - Rate Table B as established by Resolution No 3168 are hereby amended and reestablished herein by this Resolution as set forth in Exhibit A, attached hereto and incorporated herein by reference SECTION 2. Effective Date of Sections I The amendment and restatement of fees, fines and penalties set forth in Section 1 above shall be effective , 2013 SECTION 3 Severability If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect SECTION 4 Effective Date This Resolution shall take effect and be in force immediately upon its passage PASSED by the City Council of the City of Bremerton, Washington this day of , 2013 GREG WHEELER, Council President APPROVED AS TO FORM ATTEST ROGER A LUBOVICH, City Attorney SHANNON CORIN, City Clerk R \ Legal \Legal\Resolutions\Finance\2013 Rates and Fees Tables\2013 Resolution amending Rate Table B doe 1 2013 Rates and Fees - Table B MUNICIPAL COURT — RATE TABLE B All Rates Listed Are "Not To Exceed" Fees B. Municipal Court RATE 1 HEARING EXAMINER APPEAL $65 2. PARKING PENALTIES Overtime or Reparkmg or- Non Pa��ent in G011eetIOR Deviees- I s ' Violation in 30 Days $25 2 nd Violation in 30 Days $3250 3` Violation in 30 Days $5-6100 Non - Payment in Collection Devices 25 Loading Zones $1725 No Parking $45 Wrong Way $45 Parked on Sidewalk $5-645 Fire Hydrant $45 12" From Curb $4-025 Physically Disabled (Public and Private) $250450 Counterfeiting or User of Counterfeit Permits, $500 Tokens or Script Unauthorized Use of Permits $4 -50250 Replacement of parking permit $10-00 Blocked Driveway $4504 Expired Tabs $4500 30 Foot to Stop Sign $4504 Double Parked $4500 No Stopping/No Standing $4500 2 2013 Rates and Fees - Table B Failure to Respond — Additional Penalty 25 59-09 All parking infractions set forth in Chapter 10 10 BMC not 279030 identified above 3. PARKING FEES Residential Parking Permits — Each additional permit issued in 100 excess of two permits per dwelling unit Petition for Creation of Residential Restricted Parking Zone 100 Administrative Immobilization Fee (i e booth 100 -34 TRAFFIC PENALTIES Inattentive Dnvmg $12400 3 2013 Rates and Fees - Table B 9A Move to authorize City Attorney to initiate legal action to determine the City's jurisdiction over the property located at 1321 North Callow Avenue, Bremerton, Washington. I ______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 - Phone (360) 473-5280 MARCH 20, 2013 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00 – 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. PUBLIC RECOGNITION 4. MAYOR'S REPORT 5. BPD BRIEFING – City of Bremerton Police Chief Steve Strachan 6. CONSENT AGENDA A. Claims and Check Register B. Minutes of Meeting - March 6, 2013 C. Minutes of Study Session - March 13, 2013 D. Purchase of four (4) 2013 Chevrolet Malibu Police Vehicles through State Contract No. 04306 E. Ordinance No. 5207 repealing Ordinance No. 5089; and adopting Resolution No. 3189 relating to new Standards for Indigent Defense F. Acceptance of $15,000 Grant from the Washington State Office of Public Defense G. Annual Basic Life Support Agreement between Handlers Racing Association, the City of Bremerton and South Kitsap Fire & Rescue (SKFR) H. Ordinance No. 5208 amending Chapter 9A.32 entitled "Assault" and Chapter 9A.44 entitled "Public Disturbances" of the Bremerton Municipal Code (BMC) I. Ordinance No. 5209 amending Chapters 15.01 and 15.04 of the Bremerton Municipal Code (BMC) relating to stormwater J. Resolution No. 3190 approving Pacific Avenue Head-In Angle Parking adjacent to the Downtown Post Office K. Purchase of 2008 Crafco Supershot 125D Crack Sealer from Partner Construction Products 7. GENERAL BUSINESS A. Ordinance No. 5206 repealing Chapters 10.10 entitled "Restricted Parking Zones" and 10.11 entitled "Parking Enforcement"; establishing a new Chapter 10.10 entitled "Parking Code"; and amending Chapter 11.10 of the Bremerton Municipal Code (BMC) B. Resolution No. 3188 amending "Municipal Court - Rate Table B"; and reestablishing fees, fines and penalties regarding parking and related matters 8. COUNCIL MEMBER REPORTS 9. EXECUTIVE SESSION A. 10-minutes to discuss “Potential Litigation” per RCW 42.30.110(1)(i) – Action anticipated… 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING The Bremerton Transportation Benefit District (TBD) Board will meet after a brief recess… Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at (360) 473-5323 by noon on the day preceding the Meeting. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Claims & Check Register Study Session Date: COUNCIL MEETING Date: March 20, 2013 Department: Financial Services Presenter: Shannon Corin Phone: 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1) Check #’s through and EFT’s through in the amount of $ . 2) Regular Payroll for the pay period ending February 28, 2013 in the amount of $2,863.55. 3) Regular Payroll for the pay period ending March 15, 2013 in the amount of $ . ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve consent agenda as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Meeting March 6, 2013 COUNCIL MEETING Date: March 20, 2013 Department: City Council Presenter: Greg Wheeler Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, March 6, 2013 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, March 6, 2013, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Greg Wheeler presiding. Council Members present were Nick Wofford, Eric Younger, Carol Arends, Faye Flemister, Wendy Priest, Adam Brockus, Leslie Daugs, and Jim McDonald. Also present were City Attorney Roger Lubovich; City Clerk Shannon Corin; and Legislative Assistant Lori Smith. A COUNCIL BRIEFING was held to discuss General Council Business at 5:00 PM in the Council Conference Room, immediately following was the Council Meeting at 5:30 PM. The Pledge of Allegiance was led by Council Member Jim McDonald followed by the invocation provided by Pastor Rick Glomstad of Sylvan Way Baptist Church. PUBLIC RECOGNITION Mike Walton, Bremerton Family YMCA Marketing Director, reported on upcoming activities including the next Resolution Run to be held on April 7; and encouraged people to support the “Strong Kids Campaign. Roy Runyon would be hosting a Bremerton City Charter Convention to discuss proposed Charter amendments on Monday, March 18 from 6:30 to 8:00 PM at the Kitsap Regional Library, Sylvan Way Branch; and encouraged citizens to read the Charter which is available on the City’s website. Jerry McDonald announced the 3rd Annual Concierge Tour would be held on Wednesday, March 20, and that he was also working to bring more entertainment back to the Bremerton Boardwalk. MAYOR’S REPORT – Mayor Patty Lent…  Proclaimed the Month of March 2013 as “American Red Cross Month”, which was accepted by Executive Director Karen McKay Bevers and a group of dedicated Red Cross volunteers;  Introduced Sara Green, Harrison Medical Center, who stated an enrollment period would be held from April 3 to 10 for persons interested in participating in a 20-year Cancer Prevention Study;  Presented a Community Service Plaque to Holly James in appreciate of 10 years of dedicated service on the Civil Service Commission; and  Proclaimed the Month of March 2013 as “Brain Injury Awareness Month”, which was accepted by Suzanne Griffin. INFORMATION ONLY Eric Stevens, Interim Executive Director of the Kitsap Humane Society; and Dr. Jen Stonequist, Director of Shelter Medicine, discussed the launching of Kitsap Humane Society’s Trap/Neuter/Return Program (for Stray and Feral Cats) in the City of Bremerton. CONSENT AGENDA 6A – Claims & Check Register: Check Numbers 352437 through 352525, and EFT-12620 through EFT-12649 in the amount of $1,252,268.97; Regular Payroll (Pay Out) for the pay period ending February 15, 2013 in the amount of $15, 038.83; Regular Payroll for the pay period ending February 28, 2013 in the amount of $618,464.59; and Retiree Payroll ending February 28, 2013 in the amount of $61,254.61. 6B – Minutes of Meeting – February 20, 2013 6C – Minutes of Study Session – February 27, 2013 City Council Reg. Mtg. Minutes Wednesday, March 6, 2013 Page 2 of 3 6D – Resolution No. 3187 repealing Resolution No. 2980; and adopting new Bremerton City Council Rules and Procedures There were no comments from the public… 06:04:50 M/S/C/U (Flemister/Wofford) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 7A – APPROVAL TO PROCEED WITH PLANS FOR EXPANSION OF HARBORSIDE CONFERENCE CENTER FACILITIES: Mayor Lent explained that the proposal being presented is for the expansion of the Harborside Conference Center facilities into the top floor of the adjoining Kitsap Transit building. The top floor is owned by Kitsap Transit and consists of appropriately 7,000 square feet. Kitsap Transit has offered to lease the space to the City with first two years at no charge. The City will seek funding for the tenant improvements for the Public Facilities District. City Clerk Shannon Corin established that a letter of support was submitted from Patricia Graf- Hoke from the Kitsap Peninsula Visitor & Convention Bureau, and will be included as part of the record. Ms. Graf-Hoke was also in attendance and provided additional comments of support. Barbara Rush, Director of Operations from Columbia Hospitality Conference Center provided further details about the need for the proposed expansion of the Kitsap Harborside Conference facilities. Jerry McDonald agreed that the expansion of Bremerton’s facilities was necessary to compete with facilities in nearby Seattle and Tacoma. Larry Meyers asked Council to seriously study all the numbers to be sure that they are fully educated about the project and what it will cost the City. City Attorney Roger Lubovich clarified that if there is interest in this proposal, the action tonight is only for approval to pursue the RFP, but all final documents will come back for Council approval. Ms. Priest asked if language could be made a part of the Motion to assure that any further action will come back to Council. 06:25:40 Motion was made by Daugs, and seconded by McDonald … Comments and questions were provided by Daugs, McDonald, Priest, and Younger; with responses provided by Mayor Lent, Ms. Hasart, and Roy Runyon, Vice-Chair of the Kitsap Public Facilities District. 06:29:55 M/S/C (Daugs/McDonald) Move to authorize the Mayor to proceed with plans for the expansion of the Harborside Conference Center facilities into the top floor of the Kitsap Transit building and to present to the Council any required funding and lease proposals for final action. Voted in favor of Motion: Daugs, Brockus, Priest, Flemister, Arends, Younger, McDonald, Wheeler Abstained: Wofford Motion carries: 8-Yes; 1-Abstention COUNCIL MEMBER REPORTS Leslie Daugs announced that Kitsap Habitat for Humanity will be accepting applications to build homes on March 11 at 10:00 AM or March 16 at Noon at First Christian Church located at 811 Veneta Avenue in Bremerton. Additional meetings will be held on March 19 at 6:00 PM and March 16 at Noon at First Lutheran Church at 2483 Mitchell Road SE in Port Orchard. Please contact (360) 479- 3853 or visit www.kitsaphabitat.org for more information. City Council Reg. Mtg. Minutes Wednesday, March 6, 2013 Page 3 of 3 Adam Brockus will be hosting a District 3 Community Meeting on March 26 from 6:30 to 8:00 PM at the Bremerton Senior Center located at the corner of East 13th Street & Nipsic Avenue with featured guest speaker new Police Chief Steve Strachan; and also announced an upcoming meeting by the Bremerton Transportation Benefit District (TBD) Board will also be held in the Chambers following the Bremerton City Council Meeting on Wednesday, March 20. Wendy Priest reminded citizens of the St. Patrick’s Day Parade in downtown Bremerton on Saturday, March 16 beginning at 10:00 AM. Faye Flemister thanked all the residents of Districts 4, 5, 6, and 7 for participating in the Multi-District Community meeting on Monday, March 4. Carol Arends agreed that it was a good meeting on Monday; and invited women to a “Girl’s Night Out” event at ClayWerks located at 330 Callow Avenue on Thursday, March 21 from 6:00 to 8:00 PM. Nick Wofford thanked all of the Red Cross and AmeriCorps volunteers who were in attendance tonight and again encouraged residents to consider volunteering in the community. Greg Wheeler was pleased with the citizens who turned out for the Multi-District Community meeting held Monday; and thanked Becky Hasart, Finance Director and Chal Martin, Public Works Director for attending and answering questions. Council recessed from 6:37 to 7:32 PM for a 55-Minute Executive Session to discuss “Pending Litigation” and Potential Litigation” per RCW 42.30.110 (1)(i). 07:32:00 M/S/C/U (McDonald/Daugs) Move to authorize the City Attorney to bring a lawsuit and take any necessary legal action regarding the nuisance property at 1127 and 1129 North Callow Avenue. With no further business, President Wheeler adjourned the Council Meeting at 7:33 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Assistant Attest: ________________________________________ SHANNON CORIN, City Clerk ________________________________________ GREG WHEELER, City Council President GW :SC:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Study Session March 13, 2013 COUNCIL MEETING Date: March 20, 2013 Department: City Council Presenter: Greg Wheeler Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, March 13, 2013 A Study Session of the City Council of the City of Bremerton was called to order in the Council Conference Room of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, Wednesday, March 13, 2013, at 5:00 PM, with Council President Greg Wheeler presiding. Council Members present were Nick Wofford, Eric Younger, Carol Arends, Faye Flemister, Wendy Priest, Adam Brockus, Leslie Daugs, and Jim McDonald. Lori Smith, Legislative Assistant, was present to provide staff support. President Wheeler emphasized that the Study Session was open to the public but there would be no opportunities for input or participation; and announced that approved items by Council will be placed on the March 20, 2013 Council Meeting Agenda; or as indicated. A. NO PRESENTATION PLANNED 1. Resolution amending “Municipal Court – Rate Table B”; and reestablishing fees, fines, and penalties regarding parking and related matters General Business 2. Purchase of four (4) 2013 Chevrolet Malibu Police Vehicles through State Contract No. 04306 Consent Agenda 3. Ordinance to repeal Ordinance No. 5089; and adopt a resolution relating to new Standards for Indigent Defense Consent Agenda 4. Acceptance of $15,000 Grant from the Washington State Office of Public Defense Consent Agenda 5. Annual Basic Life Support Agreement between Handlers Racing Association, the City of Bremerton, and South Kitsap Fire & Rescue (SKFR) Consent Agenda 6. Ordinance amending Chapter 9A.32 entitled “Assault” and Chapter 9A.44 entitled “Public Disturbances” of the Bremerton Municipal Code (BMC) Consent Agenda 7. Ordinance amending Chapters 15.01 and 15.04 of the Bremerton Municipal Code (BMC) relating to Stormwater Consent Agenda 8. Resolution approving Pacific Avenue Head-in Angle Parking adjacent to the Downtown Post Office Consent Agenda B. FULL PRESENTATION ITEM(S) 9. Purchase of 2008 Crafco Supershot 125D crack sealer from Partner Construction Products Consent Agenda 10. Update on Pacific Avenue Reconstruction Project Information Only 11. Ordinance repealing Chapters 10.10 entitled “Restricted Parking Zones” and 10.11 entitled “Parking Enforcement”; establishing a new Chapter 10.10 entitled “Parking Code”; and amending Chapter 11.10 of the Bremerton Municipal Code (BMC) General Business C. GENERAL COUNCIL BUSINESS 1. Public Works Committee Briefing – Adam Brockus, Chair 2. General Council Reports and other General Council Business (As necessary…) City Council Study Session Minutes Wednesday, March 13, 2013 Page 2 of 2 With no further business, President Wheeler adjourned the Council Study Session at 8:00 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Assistant Attest: ________________________________________ SHANNON CORIN, City Clerk ________________________________________ GREG WHEELER, City Council President GW :SC:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of four 2013 Chevrolet Malibu staff cars for Police Study Session Date: March 13, 2013 COUNCIL MEETING Date: March 20, 2013 Department: ERR Presenter: Jim Orton Phone: x 5359 SUMMARY: The approved 2013 budget for Equipment Repair & Replacement (ERR) includes replacement of five (5) staff/detective cars. It is the intent of the Police Department and ERR to replace four (4) this year and keep the fifth car at least one more year. Requested is authorization to purchase four (4) 2013 Chevrolet Malibu’s utilizing State Contract No. 04306 for a total cost of $72,710.40 including Washington state sales tax. The authorized State contract dealer is Bud Clary Auto Dealerships of Longview Washington. ATTACHMENTS: Purchase of four Chevrolet Malibu staff cars for Police FISCAL IMPACTS (Include Budgeted Amount): The replacement vehicles are budgeted for replacement. The 2013 Vehicle Replacement budget is $384,000. STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of four (4) 2013 Malibu’s Police Vehicles for Staff/Detectives through the State of Washington Contract No. 04306 in the amount of $72,710.40 including Washington state sales tax. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. 5207 and Resolution No. 3189 relating to new standards for indigent defense Study Session Date: March 13, 2013 COUNCIL MEETING Date: March 20, 2013 Department: Municipal Court Presenter: Dawn Nelson Phone: 473-5242 SUMMARY: Ordinance 5089 was passed in 2009 to formally adopt Public Defense Standards. On June 15, 2012, the Supreme Court issued New Standards for Indigent Defense and Certification Compliance. These new standards were taken into consideration when the new public defense contract was entered into in November 2012. Bremerton is currently in compliance with these new standards. Ordinance 5089 is being repealed and the new standards are being adopted by resolution. ATTACHMENTS: Ordinance No. 5207 repealing Ordinance No. 5089 and Resolution No. 3189 with attached Supreme Court Order relating to new standards for indigent defense. FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: 1) Move to pass Ordinance No. 5207 repealing Ordinance No. 5089. 2) Move to adopt Resolution No. 3189 adopting new standards for indigent defense. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 1 Repealing Ordinance No. 5089 Related to Public Defense Services ORDINANCE NO. 5207 AN ORDINANCE of the City Council of the City of Bremerton, Washington, repealing Ordinance No. 5089 relating to standards for the delivery of public defense services. WHEREAS, new standards for the delivery of public defense services are being adopted by Resolution; and WHEREAS, prior to adoption of new public defense standards, the current standards adopted by Ordinance No. 5089 need to be repealed; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Ordinance No. 5089 of the Bremerton Municipal Code relating to standards for the delivery of public defense services is hereby repealed in its entirety. SECTION 2. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the___________ day of ____________________, 2013 _________________________________ GREG WHEELER, Council President Approved this ________ day of ________________________, 2013 _________________________________ PATTY LENT, Mayor 2 Repealing Ordinance No. 5089 Related to Public Defense Services ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the________ day of ______________________, 2013 EFFECTIVE the_________day of ______________________, 2013 ORDINANCE NO. ____________ R:\Legal\Legal\Ordinances\legal\Repealing Ordinance No. 5089-Standards for Delivery of Public Defense Services.doc 1 Standards for Delivery of Public Defense Services RESOLUTION NO. 3189 A RESOLUTION of the City Council of the City of Bremerton, Washington, adopting new standards for the delivery of public defense services. WHEREAS, RCW 10.101.030 requires the City of Bremerton to adopt standards for the delivery of public defense services for indigent persons; and WHEREAS, the City Council desires to adopt new updated public defense service standards; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Adoption. To ensure that indigent criminal defendants receive high-quality legal representation through a public defense system that efficiently and effectively protects the constitutional requirement of effective assistance of counsel, the City hereby adopts the standards for delivery of public defense services for indigent persons issued by the Supreme Court of Washington Order No. 25700-A-1004 incorporated herein as Attachment A. SECTION 2. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council the___________ day of ____________________, 2013 _________________________________ GREG WHEELER, Council President ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney R:\Legal\Legal\Resolutions\Legal\Public Defense Standards (2013).doc AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Office of Public Defense Grant Acceptance – 2013 Study Session Date: March 13, 2013 COUNCIL MEETING Date: March 20, 2013 Department: Municipal Court Presenter: Dawn Nelson Phone: 473-5242 SUMMARY: The Bremerton Municipal Court applied to the Office of Public Defense for a grant and was awarded a grant in the amount of $15,000.00. The funds are intended to be used for improving the quality of public defense services, including continuing to adjust pay compensation for contracted attorneys, adding attorneys to reduce public defense caseloads, and complying with the new Supreme Court Public Defense Standards. ATTACHMENTS: Letter of Acknowledgment and Face Sheet FISCAL IMPACTS (Include Budgeted Amount): The OPD funding is a revenue source for $15,000 to be used directly for public defense in the City of Bremerton Municipal Court. The funds will be fully expended as part of the 2013 Public Defense Contract. There are no matching funds needed. STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to accept the grant from the Office of Public Defense in the amount of $15,000. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Basic Life Support Agreement between Handlers Racing Association, the City of Bremerton and South Kitsap Fire & Rescue Study Session Date: 3-13-13 COUNCIL MEETING Date: 3-20-13 Department: Fire Presenter: Al Duke, Fire Chief Phone: 473-5380 SUMMARY: This is a three way agreement between the Race Handlers Association, the City of Bremerton and South Kitsap Fire & Rescue to provide one fire engine with Firefighter and one Firefighter/EMT as a minimum. This agreement has been on-going for a number of years. The Race Handlers Association will reimburse the City at the actual cost. The Fire Department shall hire individuals on overtime to cover the event and not take away from the on-duty staffing. ATTACHMENTS: Agreement for Basic Life Support Services between Race Handlers Association, the City of Bremerton and South Kitsap Fire & Rescue. FISCAL IMPACTS (Include Budgeted Amount): A budget adjustment will need to made at the end of the contract, but will be cost neutral. STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Basic Life Support Agreement between the Race Handlers Association, the City of Bremerton and South Kitsap Fire & Rescue and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/2011 2013 Basic Life Support Services Agreement Between City of Bremerton Fire Department And Handlers Racing Association Page 1 of 7 BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN THE CITY OF BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION This Agreement is entered into between SOUTH KITSAP FIRE & RESCUE, a Washington State Municipal Corporation, hereinafter referred to as the “DISTRICT”, the City of Bremerton Fire Department, a Washington State Municipal Corporation, hereinafter referred to as “CITY,” and HANDLERS RACING ASSOCIATION, a Washington nonprofit corporation, and the principals in HANDLERS RACING ASSOCIATION, namely GORDON HOWELL and BARBARA HOWELL, husband and wife. HANDLERS RACING ASSOCIATION and the principals therein shall hereinafter be referred to as “ASSOCIATION,” and shall each be jointly and severally liable for all obligations imposed upon the ASSOCIATION herein. The ASSOCIATION has requested the CITY and the DISTRICT to provide basic life support services at BREMERTON RACEWAY regarding raceway events to be held commencing in April 2013, and concluding in October 2013. The scheduled race dates are set forth as follows: April 5 May 3 June 1 July 5 August 16 September 20 October 11 April 6 May 4 June 2 July 6 August 17 September 21 October 12 April 7 May 5 June 3 July 7 August 18 September 22 October 13 April 26 May 10 June 14 July 12 August 23 September 27 April 27 May 11 June 15 July 13 August 24 September 28 April 28 May 12 June 16 July 14 August 25 September 29 May 31 June 28 July 19 June 29 July 20 June 30 July 21 These said dates will hereinafter be referred to simply as “race dates”. The CITY and the DISTRICT, through their career firefighters have agreed to provide the services hereinafter set forth on the race dates. 2013 Basic Life Support Services Agreement Between City of Bremerton Fire Department And Handlers Racing Association Page 2 of 7 Now, therefore, in consideration of the foregoing recitals, and the promises and covenants of the parties hereinafter set forth, they agree as follows: 1. Services provided. The CITY and DISTRICT, through their career firefighters, will provide a fully equipped fire truck together with one firefighter and one Firefighter/EMT, at a minimum, on each race date indicated herein. CITY and DISTRICT personnel at each race date event shall be prepared to provide basic life support services and be equipped with radio communications to request immediate response of advanced life support services in the event such services are required. The CITY and DISTRICT will coordinate staffing and equipment for each event. The fire truck and firefighters will be prepared to provide immediate fire protection. The response goal of the CITY’s and DISTRICT’s resources is estimated to be approximately 60 seconds from notification of incident. It is expressly understood the response services will be provided in a safe manner according to CITY and DISTRICT standard operating procedures. CITY and DISTRICT personnel will also have the ability to request additional personnel and resources as required. Notwithstanding anything to the contrary, however, if emergency conditions are present in the territorial areas served by the CITY and/or DISTRICT on any race date, which conditions require the services of the equipment and personnel covered by this Agreement, then and in any such event, the services and equipment to be provided by the CITY and DISTRICT on any such race date shall be withdrawn. In the event emergency conditions prevent the providing of CITY and/or DISTRICT personnel and equipment, a representative of the CITY and/or DISTRICT shall attempt to notify GORDON HOWELL or BARBARA HOWELL as soon as possible at (360) 674-2280. Service times. On Friday race dates, the services provided by the CITY and DISTRICT shall commence at 4:00 PM and shall end at approximately 9:00 PM. The May 31 race and the June 28 race events shall begin at 11:00 AM. On the race dates falling on Saturdays, the services to be provided by the CITY and DISTRICT shall commence at 9:00 AM and shall cease at approximately 6:00 PM. On Sunday race dates, the services to be provided by the CITY and DISTRICT shall commence at 9:00 AM and end at approximately 7:00 PM. 2013 Basic Life Support Services Agreement Between City of Bremerton Fire Department And Handlers Racing Association Page 3 of 7 2. Compensation. For each race date event on which the CITY and DISTRICT provides the service identified herein, the ASSOCIATON shall compensate the DISTRICT at a rate of the District’s actual staff overtime cost plus $250 per weekend for equipment usage and fuel. Compensation checks will be made payable to “South Kitsap Fire & Rescue,” and tendered to the DISTRICT at 1974 Fircrest Drive SE Port Orchard, WA 98366, within 10 days of receiving an invoice from the DISTRICT office. The CITY shall provide the DISTRICT its actual overtime staffing costs within 5 days of each event for which the City provides staffing and is entitled to compensation. PROVIDED, HOWEVER, if the CITY and/or the DISTRICT representatives appear at a race event to provide the services called for herein, and if the races that day are canceled for any reason, or rained out, compensation shall be paid to the DISTRICT at a minimum of 2 hours. 3. Orientation by ASSOCIATION. From time-to-time, the ASSOCIATION shall conduct orientations at Bremerton Raceway at times mutually agreeable to the ASSOCIATION and CITY/ DISTRICT, to allow CITY and DISTRICT personnel who are new to the facility to familiarize themselves with the different types of race cars and their characteristics and the services they may be called upon to provide. On March 16, and March 30, from 10:00 AM to 3:00 PM, the ASSOCIATION will conduct extended technical inspections at the Bremerton National Airport parking lot. CITY and DISTRICT personnel may inspect and orient themselves to all types of race cars participating in the ASSOCIATION events. 4. Location of CITY and DISTRICT personnel and equipment on race dates. On each race date, the ASSOCIATION shall provide a safe area for the CITY and DISTRICT equipment to be located and their respective personnel to observe rate events. The ASSOCIATION shall also provide to the CITY and DISTRICT personnel, and their equipment, an immediate response route to access racing equipment and spectators. 5. ASSOCIATION representative. An ASSOCIATION representative shall be designated and available throughout each race day event on which CITY and DISTRICT services are provided, to meet with CITY and DISTRICT personnel to answer any questions and address any concerns CITY and DISTRICT personnel may 2013 Basic Life Support Services Agreement Between City of Bremerton Fire Department And Handlers Racing Association Page 4 of 7 have. The ASSOCIATION representative designated on each race date shall seek to diligently solve any concerns raised by CITY and DISTRICT personnel to the satisfaction of CITY and DISTRICT personnel. 6. Insurance coverage. Prior to the commencement of CITY and DISTRICT services hereunder, the ASSOCIATION shall deliver to the CITY and DISTRICT, for review by the CITY and DISTRICT’s insurance representative, a copy of the ASSOCIATION’s insurance policy covering race day events, which policy shall provide acceptable coverage for: CITY and DISTRICT property damaged at any race day event; liability coverage for the benefit of CITY and DISTRICT personnel regarding any and all property damaged by CITY and DISTRICT personnel; liability coverage regarding any injury to persons caused by CITY and DISTRICT personnel; and coverage for any injuries occurring to CITY and DISTRICT personnel. Prior to commencement of the CITY and DISTRICT services identified herein, the said insurance policy must be reviewed and accepted in writing by the CITY and DISTRICT insurance representatives, to their mutual satisfaction. The said insurance policy must also provide that it will not be canceled or altered in any fashion without first providing the CITY and DISTRICT thirty (30) days advance written notice. 7. Hold harmless. In addition to the insurance coverage provided in section 6 hereof, the ASSOCIATION shall fully and completely, defend, indemnify, and hold the CITY and DISTRICT, their personnel, and CITY and DISTRICT representatives, harmless from any and all liability, of every kind and nature whatsoever, to which the CITY and DISTRICT, their personnel, or representatives are subjected, or are threatened to be subjected to, because of services provided herein and the attendance of the CITY and DISTRICT, their personnel and equipment at such events. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE ASSOCIATION'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 8. Termination. This Agreement, and the services provided by the CITY and DISTRICT herein, except as provided below, shall terminate at the conclusion of the last 2013 Basic Life Support Services Agreement Between City of Bremerton Fire Department And Handlers Racing Association Page 5 of 7 race date event on October 13, 2013. Provided, however, and notwithstanding anything to the contrary herein, any party may terminate this Agreement and the services and obligations contained herein by providing the other parties with advance written notice of its intent to terminate this Agreement at least ten (10) days prior to the termination date stated in the notice. All said termination notices, and other written notices, shall be directed to the parties at the following address: Handlers Racing Association at 2219 SW Pine Road, Port Orchard, WA 98367, and to the City of Bremerton Department at 911 Park Avenue, Bremerton, WA 98337 and South Kitsap Fire & Rescue at 1974 Fircrest Drive, Port Orchard, WA 98366. 9. Cooperation of the parties. The parties shall strive to cooperate with one another at all times so the terms and spirit of this Agreement may be fully implemented in a safe and harmonious manner. 10. Complete Agreement. This Agreement constitutes the full and complete Agreement of the parties and shall supersede any prior verbal or written agreements and understanding of the parties regarding the matters contained herein. Any changes or amendments hereto shall be in writing and signed by all parties. 11. Legal action. In the event legal action becomes necessary to enforce the terms of this Agreement, or regarding the terms of this Agreement, the prevailing party(s) in any such action shall be entitled to receive from the losing party(s) its/their reasonable attorney fees and costs involved in the action. The venue for any such action shall lie in Kitsap County, Washington. 12. Authority to sign. The individuals signing this document in a representative capacity, hereby warrant and represent that they possess full legal authority to bind their respective organizations to the terms thereof. 2013 Basic Life Support Services Agreement Between City of Bremerton Fire Department And Handlers Racing Association Page 6 of 7 HANDLERS RACING ASSOCIATION: Date of signing:___________, 2013 by:_______________________ by: ________________________ GORDON E. HOWELL BARBARA F. HOWELL President Secretary/Treasurer PRINCIPALS IN ASSOCIATION: Date of signing:__________, 2013 by:_______________________ by:________________________ GORDON E. HOWELL BARBARA F. HOWELL 2219 SW Pine Road 2219 SW Pine Road Port Orchard, WA 98367 Port Orchard, WA 98367 (360) 340-4463 (360) 340-4463 2013 Basic Life Support Services Agreement Between City of Bremerton Fire Department And Handlers Racing Association Page 7 of 7 CITY OF BREMERTON: Date of signing:__________, 2013 ___________________________ By:________________________ Its:________________________ Approved as to form: Attest: :__________________________ ___________________________ ROGER LUBOVICH SHANNON CORIN City Attorney City Clerk South Kitsap Fire & Rescue Date of signing:___________, 2013 By:________________________ by:__________________________ PAUL GOLNIK, Board Chair DUSTY WILEY, Board Vice Chair By:________________________ by:__________________________ GERALD PREUSS, Commissioner DAVE GELSLEICHTER, Commissioner By:________________________ by:__________________________ WAYNE SENTER, Fire Chief RICHARD GROSS, District Secretary AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. 5208 amending Chapter 9A.32 and Chapter 9A.44 of the Bremerton Municipal Code Study Session Date: March 13, 2013 COUNCIL MEETING Date: March 20, 2013 Department: City Attorney’s Office Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: The proposed ordinance amends Chapter 9A.32 by adding language relating to cyberstalking and further amends Chapter 9A.44 of the Bremerton Municipal Code to update provisions relating to unlawful transit conduct and indecent exposure. ATTACHMENTS: Proposed Ordinance No. 5208 FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5208 amending Chapter 9A.32 of the Bremerton Municipal Code entitled “Assault” and amending Chapter 9A.44 of the Bremerton Municipal Code entitled “Public Disturbances.” COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 1 Criminal Code Update 2013 ORDINANCE NO. 5208 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 9A.32 of the Bremerton Municipal Code entitled “Assault” and amending Chapter 9A.44 of the Bremerton Municipal Code entitled “Public Disturbances.” WHEREAS, the City Council desires to amend Chapter 9A.32 of the Bremerton Municipal Code to add language relating to cyberstalking and further to amend Chapter 9A.44 of the Bremerton Municipal Code to update provisions relating to unlawful transit conduct and indecent exposure; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 9A.32 of the Bremerton Municipal Code entitled "Assault" is hereby amended to read as follows: CHAPTER 9A.32 ASSAULT 9A.32.010 ASSAULT. RCW 9A.36.041 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.32.020 RECKLESS ENDANGERMENT. RCW 9A.36.050 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.32.030 COERCION. RCW 9A.36.070 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.32.050 HARASSMENT. RCW 9A.46.020 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.32.060 TELEPHONE CALLS TO HARASS, INTIMIDATE, TORMENT OR EMBARRASS. The following sections of Chapter 9.61 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full: RCW 9.61.230 Defined. RCW 9.61.240 Permitting telephone to be used. RCW 9.61.250 Offense where deemed committed. 2 Criminal Code Update 2013 9A.32.070 DOMESTIC VIOLENCE - STATE STATUTES ADOPTED BY REFERENCE. Chapter 10.99 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.32.080 ORDER FOR PROTECTION AND RESTRAINING ORDER - STATE STATUTES ADOPTED BY REFERENCE. RCW 26.09.300 and Chapters 10.14 and 26.50 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.32.090 CUSTODIAL INTERFERENCE. The following statutes of the State, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full: RCW 9A.40.070 Custodial interference in the second degree. RCW 9A.40.080 Custodian interference - Assessment of costs - Defense - Consent defense, restricted. 9A.32.100 INTERFERING WITH THE REPORTING OF DOMESTIC VIOLENCE. RCW 9A.46.150 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.32.110 STALKING. RCW 9A.46.110, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.32.120 CRIMINAL MISTREATMENT. The following sections of Chapter 9A.42 RCW, with the exception of those provisions contained therein from which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full: RCW 9A.42.005 Findings and intent - Christian Science treatment - Rules of evidence. RCW 9A.42.010 Definitions. RCW 9A.42.035 Criminal mistreatment in the third degree. RCW 9A.42.037 Criminal mistreatment in the fourth degree. RCW 9A.42.040 Withdrawal of life support systems. RCW 9A.42.045 Palliative care. RCW 9A.42.050 Defense of financial inability. RCW 9A.42.080 Abandonment of a dependent person in the third degree - Exception. RCW 9A.42.090 Abandonment of a dependent person - Defense. RCW 9A.42.110 Leaving a child in the care of a sex offender. 3 Criminal Code Update 2013 9A.32.130 SEXUAL MOTIVATION. RCW 9.94A.835, entitled "Special allegation - Sexual motivation - Procedures," is adopted by reference as currently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.32.140 CYBERSTALKING. RCW 9.61.260, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. SECTION 2. Chapter 9A.44 of the Bremerton Municipal Code entitled “Public Disturbances” is hereby amended to read as follows: CHAPTER 9A.44 PUBLIC DISTURBANCES 9A.44.010 DEFINITIONS. The following definitions are applicable in BMC 9A.44.020 through 9A.44.080, unless the context otherwise requires: (a) "Peace" as used in the phrase "public peace" means the tranquility enjoyed by members of a community where good order presides. (b) ”Public place" means an area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots and buildings open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them. (c) Unreasonably disrupts" means to substantially impair the conduct of a meeting by intentionally committing acts in violation of implicit customs or usages or of explicit rules for governance of the meeting he or she knew, or as a reasonable man or woman should have known. 9A.44.020 DISORDERLY CONDUCT. RCW 9A.84.030 is adopted by reference as currently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.44.030 FAILURE TO DISPERSE. RCW 9A.84.020 is adopted by reference as currently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.44.040 EXPECTORATING. It is unlawful for a person to expectorate upon the floor, walls or furniture of any public conveyance, public building or any store open to and used by the public. 9A.44.050 MISCHIEF ON BRIDGES. It is unlawful for any person to intentionally: (a) Throw, drop or otherwise cause any object or missile to be thrown, dropped or released from any portion of any bridge, including the bridges crossing the Port Washington Narrows, commonly known as the Bremerton-Manette and Warren Avenue Bridges; or Formatted: Indent: First line: 0.5" 4 Criminal Code Update 2013 (b) Jump, leap or go upon with the intent of jumping or leaping from any portion of any bridge, including the Port Washington Narrows, commonly known as the Bremerton- Manette and Warren Avenue Bridges. 9A.44.060 UNLAWFUL BUS TRANSIT CONDUCT. RCW 9.91.025 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (a) A person is guilty of unlawful bus conduct if, while on or in a municipal transit vehicle and with knowledge that such conduct is prohibited, he or she: (1) Smokes or carries a lighted or smoldering pipe, cigar or cigarette; or (2) Discards litter other than in designated receptacles; or (3) Plays any radio, recorder, or other sound-producing equipment, except that nothing herein shall prohibit use of such equipment when connected to earphones that limit the sound to the individual listeners or the use of a communication device by an employee of the owner or operator of the municipal transit vehicle; or (4) Spits or expectorates; or (5) Carries any flammable liquid, explosive, acid, or other article or material likely to cause harm to others, except that nothing herein shall prevent a person from carrying a cigarette, cigar, or pipe lighter or carrying a firearm or ammunition in a way that is not otherwise prohibited by law. (b) A municipal transit vehicle includes every motor vehicle, street car, train, trolley vehicle, and any other device, which: (1) is capable of being moved within, upon, above or below a public highway; (2) is owned or operated by the Kitsap County Public Transit Authority; and (3) is used for the purpose of carrying passengers, together with incidental baggage and freight, on a regular schedule. 9A.44.065 URINATING IN PUBLIC. (a) A person is guilty of the crime of urinating in public if he or she intentionally urinates or defecates in a public place, other than a washroom or toilet room, or at a place and under circumstances where such act could be observed by any member of the public. (b) Any violation of the provisions of this section shall be an infraction, and any person found in violation shall be subject to a penalty not to exceed two hundred fifty dollars ($250.00). 9A.44.070 LEWD CONDUCTINDECENT EXPOSURE. RCW 9A.88.010, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (a) (1) A person is guilty of lewd conduct if he intentionally performs a lewd act in a public place or at a place and under circumstances where such act could be observed by the public. (2) The owner or operator of premises open to the public is guilty of a misdemeanor if he intentionally permits lewd conduct in a public place under his control. (b) "Lewd act" means: (1) Public exposure of one’s genitals, buttocks, or any portion of the female breast below the top of the areola; or (2) Public touching, caressing or fondling of the genitals or female breast; or (3) Public masturbation; or 5 Criminal Code Update 2013 (4) Public sexual intercourse. (c) "Public" or "public display" means easily visible from a public thoroughfare or from property of others, or in a public place in manner so obtrusive as to make it difficult for an unwilling person to avoid exposure. (d) This chapter shall not be construed to prohibit: (1) Plays, operas, musicals or other dramatic works which are not obscene; (2) Classes, seminars and lectures held for scientific or education purposes; (3) Exhibitions or dances which are not obscene. 9A.44.080 INTRODUCING CONTRABAND IN THE THIRD DEGREE. RCW 9A.76.160 is adopted by reference as currently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.44.090 RIOT. RCW 9A.84.010 is adopted by reference as currently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full.) 9A.44.100 PEDESTRIAN INTERFERENCE. (a) The following definitions apply in this section: (1) "Aggressively beg" means to beg with the intent to intimidate another person into giving money or goods. (2) "Intimidate" means to engage in conduct which would make a reasonable person fearful or feel compelled. (3) "Beg" means to ask for money or goods as a charity, whether by words, bodily gestures, signs, or other means. (4) "Obstruct pedestrian or vehicular traffic" means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. Acts authorized as an exercise of one’s constitutional right to picket or to legally protest, and acts authorized by a permit issued pursuant to the Bremerton Municipal Code, shall not constitute obstruction of pedestrian or vehicular traffic. (5) "Public place" means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and grounds enclosing them. (b) A person is guilty of pedestrian interference if, in a public place, he or she intentionally: (1) Obstructs pedestrian or vehicular traffic; or (2) Aggressively begs. (c) Pedestrian interference is a misdemeanor. 9A.44.110 LASERS. Chapter 9A.49 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. Formatted: No underline Formatted: No underline 6 Criminal Code Update 2013 SECTION 3. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 4. 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___________ day of ____________________, 2013 _________________________________ GREG WHEELER, Council President Approved this ________ day of ________________________, 2013 _________________________________ PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the________ day of ______________________, 2013 EFFECTIVE the_________day of ______________________, 2013 ORDINANCE NO. 5208 R:\Legal\Legal\Ordinances\legal\Chapter 9A Criminal Code update 2013.doc AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. 5209 amending Chapters 15.01 and 15.04 of the Bremerton Municipal Code relating to stormwater Study Session Date: March 13, 2013 COUNCIL MEETING Date: March 20, 2013 Department: Public Works & Utilities Presenter: Chal Martin Phone: 473-5758 SUMMARY: This Ordinance updates the provisions of Chapter 15.04 of the Bremerton Municipal Code relating to stormwater and updates definitions set forth in Chapter 15.01 of the Bremerton Municipal Code and makes related changes. ATTACHMENTS: Staff Summary and Proposed Ordinance No. 5209 FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5209 amending Chapter 15.01 and Chapter 15.04 of the Bremerton Municipal Code relating to stormwater and making other related changes. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 BMC Title 15.01 and 15.04 Update Background Information for City Council Study Session In January 2007, the Washington State Department of Ecology issued the Western Washington Phase II Municipal Stormwater Permit to the City of Bremerton. This Permit regulates discharges from Small Municipal Separate Storm Sewers (MS4s) in Western Washington in compliance with:  State of Washington Water Pollution Control Law, Chapter 90.48 Revised Code of Washington  Federal Water Pollution Control Act Title 33 United States Code, Section 1251 et seq.  The National Pollutant Discharge Elimination System, 40 CFR.122 EPA Administered Permit Programs The Stormwater Permit is very specific in defining the requirements for compliance. The Permit is issued to the City of Bremerton and applies to all City activities with compliance oversight and reporting from Public W ork & Utilities. The City of Bremerton is required to have regulatory authority to carry out the provisions of the Stormwater Permit and covers:  Illicit Discharge Detection and Elimination  Controlling Runoff from New Development, Redevelopment and Construction Sites  Pollution Prevention and Operation and Maintenance for Municipal Operations Title 15.01 and 15.04 updates provide the City with regulatory tools needed to comply with the Stormwater Permit requirements by: 1) Adopting the following manuals and standards for development and O&M:  “Washington State Stormwater Guidance Manual for Western Washington” (SWMMWW) by Department of Ecology  “Low Impact Development Guidance Manuals” (LID)  “Kitsap County Stormwater Management Manual”  “City of Bremerton Standards of Work in the Rights-of-Way”  “City of Bremerton Engineering Design and Construction Standards” 2) Providing regulatory support to develop and implement policies and procedures to meet requirements of the Stormwater Permit. Specific language is required to be in Bremerton’s municipal code or included by reference to:  Provide framework for development permitting and review process  Promote and allow the use of LID for stormwater control  Provide authority for inspection of stormwater facilities, monitoring and escalated enforcement, if needed, to comply with permit requirements Stormwater Code Updates 1 ORDINANCE NO. ________ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending the stormwater provisions of Chapter 15.04 of the Bremerton Municipal Code and the definitions set forth in Chapter 15.01 of the Bremerton Municipal Code. WHEREAS, the City Council desires to update the provisions of Chapter 15.04 of the Bremerton Municipal Code relating to stormwater and to update the definitions set forth in Chapter 15.01 of the Bremerton Municipal Code and make related changes; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 15.01 of the Bremerton Municipal Code entitled “General Provisions“ is hereby amended to add a new section as follows: 15.01.015 STANDARD UPDATES The Public Works Director or designee is authorized to update and revise all Standards in this title as deemed appropriate. SECTION 2. Section 15.01.020 of the Bremerton Municipal Code entitled “Definitions” is hereby repealed in its entirety and a new section, Section 15.01.020 entitled “Definitions” is hereby created to read as follows: 15.01.020 DEFINITIONS. The terms used in this title shall mean the following, except where the context otherwise requires: (a) (1) "Average daily" shall mean the total quantity divided by the number of days of waste or storm water discharge or water use by the typical user in a user class. (2) "As-graded" means the extent of surface conditions on completion of grading. (b) (1) "Backflow" shall mean the flow other than in the intended direction of flow of water or any foreign liquids, gases, or substances into the distribution system of the public water supply. (2) "Backflow prevention device" shall mean a device to counteract back pressure and prevent back siphonage or back flow. (3) "Basin plan" means a plan and all implementing regulations and procedures including, but not limited to, land use management adopted by ordinance for managing surface and storm water management facilities and features within individual subbasins. (4) "Best management practice" or "BMP" means physical, structural, and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of water, and have been approved by Washington State Department of Ecology. BMPs are listed and described in the Manual. Stormwater Code Updates 2 (5) "BOD" (denoting biochemical oxygen demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees centigrade. (c) (1) "Clearing" means the destruction and removal of vegetation by manual, technical, or chemical methods. (2) "Capital costs" shall mean the total costs of physical system improvements (exclusive of repair and replacement costs covered under operation and maintenance costs), including, but not limited to, the costs of direct construction, engineering, financing, legal fees, land, right-of-way, debt service, and other costs associated with such improvements. (3) "C.F." shall mean cubic feet of measure. (4) "Combined sewer" shall mean a sewer intended to convey sanitary sewage, industrial wastes, and storm and surface water. (5) "Commercial agriculture" means those activities conducted on lands defined in RCW 84.34.020(2), and activities involved in the production of crops or livestock for wholesale trade. An activity ceases to be considered commercial agriculture when the area on which it is conducted is proposed for conversion to a nonagricultural use or has lain idle for more than five (5) years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity. (6) "Commercial unit" shall mean a parcel of property which is developed for nonresidential purposes. (7) "Connection fee" shall mean charges made for connection to the utility system. The connection fee will include the costs of tapping the water main, sewer or stormwater system, installing the service and meter, restoring the surface, and all other costs associated with the physical connection of the customer system to the City utility system. (8) "Construction charge and special fees" shall mean those charges made by the City to cover its unreimbursed construction costs for installing special facilities not covered by connection fees and general facility fees. (9) "Contract user" shall mean any user who, by virtue of the amount, strength, or location of its discharge or the conditions of service, requires a contractual basis for service to be equitably served. (10) "Critical areas" means as defined in the City's Critical Areas Ordinances, areas which include wetlands, areas with a critical recharging effect on aquifers used for potable water, fish and wildlife habitat conservation areas, frequently flooded areas, geologically hazardous areas, including unstable slopes, and associated areas and ecosystems. (11) "Cross connection" shall mean any physical arrangement whereby a public water supply is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or other device which contains or may contain contaminated water, sewage, or other waste or liquids of unknown or unsafe quality that may be capable of imparting contamination to the public water supply as a result of backflow. Bypass arrangements, jumper connections, removal sections, swivel or change over devices, and other temporary or permanent devices through which or because of which backflow could occur are considered to be cross connections. (d) (1) "Department" shall mean the Department of Public Works and Utilities. (2) "Design storm" means a prescribed hyetograph and total precipitation amount (for a specific duration recurrence frequency) used to estimate runoff for a hypothetical Stormwater Code Updates 3 storm of interest or concern for the purposes of analyzing existing drainage, designing new drainage facilities or assessing other impacts of a proposed project on the flow of surface water. (A hyetograph is a graph of percentages of total precipitation for a series of time steps representing the total time during which the precipitation occurs.) (3) "Detention" means the release of stormwater runoff from the site at a slower rate than it is collected by the stormwater facility system, the difference being held in temporary storage. (4) "Detention facility" means an above or below ground facility, such as a pond or tank, that temporarily stores stormwater runoff and subsequently releases it at a slower rate than it is collected by the drainage facility system. There is little or no infiltration of stored stormwater. (5) "Director" shall mean the Director of Public Works and Utilities or any other duly authorized representative designated by the Director as the person responsible for technical direction of this Code. (6) "Drainage basin" means a geographic and hydrologic subunit of a watershed. (e) (1) "Equivalent residential unit (ERU)" shall mean a unit of measurement to determine wastewater general facility charges and shall be based on two hundred thirty-six (236) gallons per customer day. (2) "Erosion" means the wearing away of the land surface by running water, wind, ice, or other geological agents, including such processes as gravitational creep. Detachment and movement of soil or rock fragments by water, wind, ice, or gravity. (3) "Erosion and sediment control (ESC) plan" means a plan which includes control of pollution from stormwater runoff during construction. (4) "Excavation" means the mechanical removal of earth material. (5) "Existing site conditions" means: i. For developed sites with stormwater facilities that have been constructed to meet the standards in the minimum requirements of the ordinance codified in this section, existing site conditions shall mean the existing conditions on the site. ii. For developed sites that do not have stormwater facilities that meet the minimum requirements, existing site conditions shall mean the conditions that existed prior to local government adoption of the ordinance codified in this section. If in question, the existing site conditions shall be documented by aerial photograph records, or other appropriate means. iii. For all sites in water quality sensitive areas, existing site conditions shall mean undisturbed forest for the purpose of calculating runoff characteristics. iv. For all undeveloped sites outside of water quality sensitive areas, existing site conditions shall mean the existing conditions on the site. (6) "Extended line" shall mean a privately financed utility water, sanitary sewer or stormwater main constructed with the written approval of the Director. (f) (1) "Fill" means a deposit of earth material placed by artificial means. (2) "Frequently flooded areas" means the one hundred (100) year floodplain designations of the Federal Emergency Management Agency and the National Flood Insurance Program. (g) (1) "Geologically hazardous areas" means areas as defined in the City's Critical Areas Ordinance and includes areas, that because of their susceptibility to erosion, Stormwater Code Updates 4 sliding, earthquake or other geological events, are not suited to the siting of commercial, residential or industrial development consistent with public health or safety concerns. (2) "General facilities charges (GFC)" shall mean the charge established to reflect the proportionate cost share for existing source, treatment, distribution, transmission, collection, interception, and storage facilities that will be paid by new customers to the City utility. (3) "Gravity line" shall mean a sanitary sewer conveying flow to a point of collection without pumping. (4) "Ground water" means water in a saturated zone or stratum beneath the surface of land or a surface water body. (h) (1) "H.C.F." shall mean hundred cubic feet of measure. (2) "Health officer" shall mean the Bremerton/Kitsap County Health Department's Health Officer. (i) (1) "Impervious surface" means a surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development, and/or a surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads and other gravel surfaces, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces. (2) "Impervious surface unit" shall mean a configuration or conglomeration of impervious surface estimated to contribute an amount of runoff to the City's stormwater drainage system which is approximately equal to that created by the average single- family residential parcel. One (1) impervious surface unit (ISU) is equivalent to two thousand five hundred (2,500) square feet of impervious surface area. For purposes of computation of rates and charges, only whole impervious units are considered; fractions are truncated (not rounded up). (3) "Improper stormwater inflow" shall mean any kind of stormwater connection or inflow to the wastewater system prohibited by this chapter including, but not limited to: roof drains, parking lot drains, curtain drains, driveway drains and sump pumps. (i) "Roof drains" shall mean any roof drain, downspout, scupper or device that collects and conveys stormwater runoff from a roof surface. (ii) "Parking lot drain" shall mean any drain or catch basin that collects stormwater runoff located within the confines of a parking lot such as those in pay parking lots, apartment complexes, shopping centers, etc. (iii) "Driveway drain" means a drain typically located below street grade at the bottom of a sloped driveway. (iv) "Sump pump" means a pump that conveys ground water or stormwater runoff to a sewer system or to the ground surface. A sump pump that collects and conveys ground water or stormwater runoff from the area outside of the building's foundation footprint to the sanitary sewer system is an improper connection. A sump pump that collects and conveys ground water or stormwater runoff from the area within the building's foundation footprint to the sanitary sewer system is required to be connected to the sanitary sewer system. (Kitsap County Health Department code requires sump pumps located within the foundation Stormwater Code Updates 5 footprint to be connected to the sanitary sewer system. This is due to the high potential for contamination of relatively clean ground water by human waste, detergents or other household chemicals or oils which are not appropriate to discharge into a stormwater sewer system.) (4) "Improved premises" shall mean any area which has been altered such that the runoff from the site is greater than runoff prior to development. (5) "Industrial user" shall mean a business or other nonresidential property having a wastewater discharge in which the sum of BOD and TSS strength is between one thousand two hundred (1,200) and one thousand eight hundred (1,800) milligrams per liter. (6) "Infiltration" shall mean ground water entering the sanitary sewer or stormwater system through open pipe joints, cracks in manhole walls, and cracked pipe. (7) "Inflow" shall mean rainwater or other clean water that enters the sanitary sewer through roof leader connections, catch basins, yard and foundation drains, perforated manhole covers, and other openings to the wastewater system. (l) (1) "Lateral sewer" shall mean a sanitary sewer not less than six (6) inches in diameter, constructed within a public right-of-way between the mainline/trunk sewer and the right-of-way line in accordance with current utility standards. (m) (1) "Mainline sewer." See trunk sewer. (2) "Manual." See Stormwater Management Manual. (3) "Misuse of individual grinder pumps" means activity by the occupant of a residence that causes damage to the grinder pump or appurtenances. Such activities include, but are not limited to, discharging harmful substances into the grinder pump such as toys, diapers or construction materials; attempting to make unauthorized repairs; or driving over the grinder pump tank or appurtenances, causing damage. The Director has the discretion to determine whether or not an occupant's activities caused such damage. (4) "Mitigation" means, in the following order of preference: i. Avoiding the impact altogether by not taking a certain action or part of an action; ii. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts; iii. Rectifying the impact by repairing, rehabilitating or restoring the affected environment; iv. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; and v. Compensation for the impact by replacing, enhancing, or providing substitute resources or environments. (5) "Multi-family units" shall mean a parcel of property which has been legally developed with more than two (2) residential living units. (n) (1) "Natural location" means the location of those channels, swales, and other non-manmade conveyance systems as defined by topographic contours existing for the subject property, either from maps or photographs, or such other means as appropriate. (2) "New development" means the following activities: land disturbing activities, structural development, including construction, installation or expansion of a building or other structure; creation of impervious surfaces; Class IV – general forest practices that are conversions from timber land to other uses; and subdivision and short subdivision of land as Stormwater Code Updates 6 defined in RCW 58.17.020. All other forest practices and commercial agriculture are not considered new development. (o) (1) "O & M costs" (operation and maintenance) shall mean the total cost of operating and maintaining the utility system, including, but not necessarily limited to, costs for labor, supplies and materials, utility services, vendor services, equipment usage, testing, taxes and assessments. (2) "Occupied property" shall mean real property on which a structure exists that is being served by an existing or temporary utility facility. (p) (1) "Permanent stormwater quality control (PSQC) plan" means a plan which includes permanent BMPs for the control of pollution from stormwater runoff after construction and/or land disturbing activity has been completed. (2) "Pollution" means contamination or other alteration of the physical, chemical, or biological properties, of waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life. (3) "Premises" shall mean a single tract of land, building, or portion of a building under a single control and ownership. (4) "Pressure line" shall mean a sanitary sewer through which wastewater must be forced by pumping or gravity pressure to a point of collection. (5) "Pretreatment" shall mean any physical, chemical, or biological process to remove, neutralize, or modify one or more constituents of a waste stream prior to discharge into the public sewers. (r) (1) "Redevelopment" means, on an already developed site, the creation or addition of impervious surfaces, structural development including construction, installation or expansion of a building or other structure, and/or replacement of impervious surface that is not part of a routine maintenance activity, and land disturbing activities associated with structural or impervious redevelopment. (2) "Regional retention/detention system" means a stormwater quantity control structure designed to correct existing or predicted excess surface water runoff problems of a basin or subbasin. The area downstream has been previously identified as having existing or predicted significant and regional flooding and/or erosion problems. This term is also used when a detention facility is used to detain stormwater runoff from a number of different businesses, developments or areas within a drainage basin. (3) "Reimbursement agreement" shall mean an agreement entered into between the installer of a utility facility and the Department for the purpose of reimbursing the installer for all or part of the costs for installation or extension of the utility system. (4) "Retention/detention facility (R/D)" means a type of drainage facility designed either to hold water for a considerable length of time and then release it by evaporation, plant transpiration, and/or infiltration into the ground; or to hold surface and stormwater runoff for a short period of time and then release it to the surface and stormwater drainage system. (s) (1) "Sanitary sewer" shall mean only those portions of the utility system which are designated by the Director to carry, transport, or dispose of waste matter not constituting storm or surface water permitted by or under this Code to enter the sewer system. Stormwater Code Updates 7 (2) "Septage waste" shall mean waste material pumped from an on-site wastewater disposal system such as a septic tank or cesspool or holding tank. (3) "Sewage" shall mean the liquid wastes and all constituents therein that are related to the use of such sanitation facilities, toilets, bathtubs, showers, sinks, dishwashers, washing machines, garbage grinders, and other devices. However, any other water that enters sanitary or combined sewers before or after discharge by a user shall thereafter also be called sewage. "Sewage" is essentially synonymous with the term "wastewater," except that wastewater may also contain liquid wastes discharged from industrial operations or processes. (4) "Single-family parcel or unit" shall mean a parcel which has been developed with a single-family living unit. (5) "Site" means the portion of a piece of property which is directly subject to development. (6) "Slope" means the degree of deviation of a surface from the horizontal; measured as a numerical ratio, percent, or in degrees. Expressed as a ratio, the first number is the horizontal distance (run) and the second is the vertical distance (rise), as 2:1. A 2:1 slope is a fifty (50) percent slope. Expressed in degrees, the slope is the angle from the horizontal plane, with a ninety (90) degrees slope being vertical (maximum) and forty-five (45) degrees being a 1:1 or one hundred (100) percent slope. (7) "Source control BMP" means a BMP that is intended to prevent pollutants for entering stormwater. Examples of source control BMPs are erosion control practices, maintenance of stormwater facilities, constructing roofs over storage and working areas, oil water separation devices, and directing wash water and similar discharges to the sanitary sewer or a dead end sump. (8) "Standard construction costs" shall mean the total cost of installation of a utility piping system, including the cost of all manholes, distribution system, or incidental work necessary to place the utility system in service, meeting the minimum size and installation requirements of the utility for the intended service. (9) "Standard sewer connection" shall mean a connection made to a gravity trunk or lateral sanitary sewer of the City, except those City sewer lines identified by the Director as a waterfront or pressure sewer line. (10) "Standard sanitary sewer" shall mean a sanitary trunk sewer not less than eight inches in diameter and constructed in accordance with current utility standards. (11) "Standard stormwater line" shall mean a stormwater line not less than twelve (12) inches in diameter and constructed in accordance with current utility standards. (12) "Standard water main" shall mean a water distribution line not less than eight (8) inches in diameter and constructed in accordance with current Utility standards. (13) "Stormwater" means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, channels or pipes into a defined surface water channel, or a constructed infiltration facility. (14) "Stormwater drainage system" means constructed and natural features which function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat or filter stormwater. (15) "Stormwater facility" means a constructed component of a stormwater drainage system, designed or constructed to perform a particular function, or multiple functions. Stormwater facilities include, but are not limited to, pipes, swales, ditches, culverts, street Stormwater Code Updates 8 gutters, detention basins, retention basins, constructed wetlands, infiltration devices, catchbasins, oil/water separators, sediment basins and modular pavement. (16) "Stormwater Management Manual" or "Manual" means the Manual adopted by reference by the City which may include excerpts from the King County Stormwater Design Manual (November 1992) and such other standards of the City incorporated in the "System Development and Construction Standards Manual." (17) "Stormwater system" shall mean all facilities for collecting, transporting, pumping, treating and discharging stormwater. (t) (1) "TSS" (denoting total suspended solids) shall mean materials that either float on the surface of, or are in suspension in, water, sewage, or other liquids, and which are removable by laboratory filtering. (u) (1) "Undeveloped parcels" shall mean any parcel of real property that has not been altered by grading or filling of the ground surface, or by construction of any improvement or other impervious surface area that affects the hydraulic properties of the parcel. (2) "Unoccupied parcel" shall mean real property on which no structure requiring utility service exists. (3) "User" shall mean any person, business, or institution owning or controlling property for which utility service is provided and who is responsible for an account. (4) "User parcel" shall mean any parcel of land within the utility service area to which water, sewer, or stormwater service is currently provided or to which a charge is imposed therefor, or any other of land with any significant man-made impervious surface. (5) "Utility" shall mean the water, wastewater, and stormwater utility systems of the City. (v) (1) "Verified strength user" shall mean any user whose wastewater exceeds the strength limits of the industrial user class or who desires to be charged for wastewater service on the basis of its specific discharge rather than average class strength. (w) (1) "Wastewater" shall mean liquid wastes, and all constituents dissolved or suspended therein, discharged by residential, commercial, or industrial users of the wastewater facilities system. "Wastewater" is essentially synonymous with the term "sewage." (2) "Wastewater system" shall mean all facilities for collecting, transporting, pumping, treating, and disposing of sewage, including sludge utilization. (3) "Water system" shall mean all facilities for treatment, transmission and distribution of water. (4) "Watershed" means a geographic region within which water drains into a particular river, stream, or body of water as identified and numbered by the State of Washington Water Resource Inventory Areas (WRIAs) as defined in Chapter 173-500 WAC. (5) "Wetlands" means those areas as defined in the City's Critical Areas Ordinance and include areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adopted for life in saturated soil conditions. 15.01.020 DEFINITIONS. The terms used in this title shall mean the following, except where the context otherwise requires: “Active Account” shall mean an account that has current usage, billing and payment activity. Stormwater Code Updates 9 “Active Water Service” shall mean that the water meter for the service location has registered consumption. “AKART” shall mean All Known, Available, and Reasonable methods of prevention, control, and Treatment. See also the State Water Pollution Control Act, RCW 90.48.010 and RCW 90.48.520. "As-graded" shall mean the extent of surface conditions on completion of grading. "Average daily" shall mean the total quantity divided by the number of days of waste or stormwater discharge or water use by the typical user in a user class. "Backflow" shall mean the flow of water or other liquids, mixtures or substances into the distribution system of the public water supply from any source or sources other than the intended source. "Backflow prevention device" shall mean a device to counteract back pressure and prevent back siphonage or back flow. “Bulkhead” shall mean a seawall or rock embankment constructed along the waterfront to protect the land behind it from erosion by waves and tidal action of the sea. "Cubic feet” (CF) shall mean cubic feet of measure. “Caliper” shall mean the diameter of any tree trunk as measured at a height of four feet above the ground on the upslope side of the tree. "Capital costs" shall mean the total costs of physical system improvements (exclusive of repair and replacement costs covered under operation and maintenance costs), including, but not limited to, the costs of direct construction, engineering, financing, legal fees, real estate, right-of- way, debt service, and other costs associated with such improvements. "Clearing" shall mean the destruction and removal of vegetation by manual, mechanical, or chemical methods. This definition shall include grubbing vegetation. “Clearing and Grading Permit” shall mean the written approval of the City of Bremerton building inspector to proceed with the act of clearing property within the city limits of Bremerton. The Clearing and Grading Permit includes the associated approved plans and any conditions of approval as well as the permit form itself. "Combined sewer" shall mean a sewer intended to convey sanitary sewage, industrial wastes, and storm and surface water in a single system. “Commercial I” shall mean any user whose business or non-residential wastewater discharges whose total suspended solids and biochemical oxygen demand is less than 201 mg/l. “Commercial II” shall mean any user whose business or non-residential wastewater discharges whose total suspended solids and biochemical oxygen demand ranges from 401 to 600 mg/l. “Commercial III” shall mean any user whose business or non-residential wastewater discharges whose total suspended solids and biochemical oxygen demand ranges from 201 to 400 mg/l. The commercial III user shall have some form of pre-treatment in place to reduce the discharge strength. The user must have an appropriately sized, properly installed regularly maintained and sufficiently documented type of treatment device in place to help reduce the strength of their sewer discharge. “Commercial business with living units” shall mean a business with residential living units attached; the utility rates will be based on the business type. "Commercial property" shall mean a parcel of property which is developed for nonresidential purposes. Stormwater Code Updates 10 “Commercial Special” shall mean any user whose business or non-residential wastewater discharge whose Total Suspended Solids (TSS) and Biochemical Oxygen Demand (BOD) exceeds 601 mg/l. These users will be charged for wastewater services on the basis of their specific discharge, which provides equitable recovery of the City’s cost of conveying, owning, operating, and maintaining the wastewater treatment system, rather than average class strength. “Condo” shall mean an apartment that is individually owned but the land is jointly owned by all homeowners. "Connection fee" shall mean charges made for connection to the utility system. The connection fees will include the costs of tapping the water main, sewer main or storm main installing the service and meter, restoring the surface, and all other costs associated with the physical connection of the customer system to the City utility system. "Construction charge and special fees" shall mean those charges made by the City to cover its unreimbursed construction costs for installing special facilities not covered by connection fees and general facility fees. "Contract user" shall mean any user who, by virtue of the amount, strength, or location of its discharge or the conditions of service, requires a contractual basis for service to be equitably served. “Creek” shall mean those areas where surface waters flow sufficiently to produce a defined channel or bed. A defined channel or bed is indicated by hydraulically sorted sediments or the removal of vegetative litter or loosely rooted vegetation by the action of moving water. The channel or bed need not contain water year around. This definition is not meant to include stormwater runoff devices or other entirely artificial watercourses unless they are used to store and/or convey pass-through stream flows naturally occurring prior to construction. “Critical area” shall mean any area designated as a critical area pursuant to RCW 36.70A.170 and BMC 20.14. "Cross connection" shall mean any physical arrangement whereby a public water supply is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or other device which contains or may contain contaminated water, sewage, or other waste or liquids of unknown or unsafe quality that may be capable of imparting contamination to the public water supply as a result of backflow. Bypass arrangements, jumper connections, removal sections, swivel or change over devices, and other temporary or permanent devices through which or because of which backflow could occur are considered to be a cross connections. “Deactivated meters” shall mean utility accounts where the customer request that water and wastewater services and billing be suspended. The customer will not be billed for water or wastewater services but shall be billed for stormwater services. “Degradation” shall mean deterioration of an area including, but is not limited to, impacts such as sedimentation, erosion, and loss of shading, light, and noise. "Department" shall mean the Department of Public Works and Utilities. “Development” shall mean any activity that requires federal, state, or local approval for the use or modification of land or its resource. These activities include, but are not limited to, subdivision and short subdivisions; binding site plans; planned unit developments; variances; shoreline substantial development; clearing activity; excavation; embankment; fill and grade work; converting fallow land or undeveloped land to agricultural purposes; activity conditionally allowed; building or construction; revocable encroachment permits; and septic approval. Stormwater Code Updates 11 “Development area” shall mean an area where the movement of earth, or a change in the existing soil cover (both vegetative and non-vegetative) and/or the existing soil topography occurs as a result of an applicant’s development plans. “Developed lot” shall mean a lot or parcel of land upon which a structure(s) is located, which cannot be more intensively developed pursuant to the Bremerton zoning code, and which cannot be further subdivided pursuant to City subdivision regulations. "Director" shall mean the Director of Public Works and Utilities or any other duly authorized representative designated by the Director as the person responsible for technical direction of this Code. "Drainage basin" shall mean an area from which runoff water collects to be discharged into a stream or other water-body. “Drainage plan” shall mean a plan for receiving, handling, and transporting stormwater or surface water runoff within the site. “Drip line of a tree” shall mean a line projected to the ground delineating the outermost extent of foliage in all directions. “Dry season” shall mean the months of May through September. “Duplex” shall mean a residential unit containing two separate dwelling units with any configuration or two dwelling units located on one parcel. “Earth” shall mean the natural mineral and organic material forming the soil and its underlying substance. For the purposes of this chapter, earth shall include sand, gravel, and ledge rock. “Ecology” shall mean the Washington State Department of Ecology. “Emergency” shall mean a situation demanding immediate action with threat to life, property or environment. “Engineered fill” shall mean soil fill, which is wetted or dried to near its optimum moisture content, placed in lifts of 12 inches or less and each lift compacted to a minimum percent compaction as specified by a geotechnical engineer. “Engineering Design and Construction Standards” shall mean the City of Bremerton’s Standards for Work in Rights of Way. “Equivalent Residential Unit” (ERU) shall mean a unit of measurement equivalent to an average single family residence. This measurement shall be used to determine sewer general facility charges. ERUs cannot be transferred from one property or account to another property or account. "Excavate" shall mean the mechanical removal of earth material, including soil, sand, gravel, rock, concrete or asphalt. “Existing Service” shall mean a functioning water service line or sewer lateral that is physically located at the parcel. "Existing site conditions" shall mean: For developed sites with stormwater facilities that have been constructed to meet the standards in the minimum requirements of the ordinance codified in this section, existing site conditions shall mean the existing conditions on the site; For developed sites that do not have stormwater facilities that meet the minimum requirements, existing site conditions shall mean the conditions that existed prior to local government adoption of the ordinance codified in this section. If in question, the existing site conditions shall be documented by aerial photograph records, or other appropriate means; Stormwater Code Updates 12 For all sites in water quality sensitive areas, existing site conditions shall mean undisturbed forest for the purpose of calculating runoff characteristics; and/or For all undeveloped sites outside of water quality sensitive areas, existing site conditions shall mean the existing conditions on the site. “Expanded Service “ shall mean the increase in water service based on the addition or increase in size in water meter(s) serving the customer, the increase in wastewater service based on equivalent residential units or the increase in stormwater service based on impervious surface units. "Extended line" shall mean a privately financed water, wastewater or stormwater main constructed with the written approval of the Director or their designee. "Fill" means a deposit of earth material placed by artificial means to increase the ground surface elevation or to replace excavated material. “Force main” shall mean a sanitary sewer pressurized pipe system used to transfer wastewater from a sewer lift station to the wastewater treatment facility. “Fourplex” shall mean a residential unit containing four separate dwelling units with any configuration or four dwelling units located on one parcel. "Geologically hazardous areas" shall mean areas as defined in the City's Critical Areas Ordinance and includes areas that because of their susceptibility to erosion, sliding, earthquake or other geological events are not suited to the siting of commercial, residential or industrial development consistent with public health or safety concerns. “Geotechnical engineer” shall mean a professional engineer currently registered in the state of Washington, qualified by reason of experience and education in the practice of geotechnical engineering, and designated by the owner as the geotechnical engineer of record for the project. "General Facilities Charges” (GFC) shall mean the charge established to reflect the proportionate cost share for existing source, treatment, distribution, transmission, collection, interception, and storage facilities that will be paid on all new and/or expanded utility connections to the City utility. “Grading” shall mean the movement of earth material through mechanical or other means to create the finished surface and contour of a project site. “Ground cover” shall mean a dense covering of small plants such as salal, ivy, ferns, mosses, grasses, or other types of vegetation with a trunk or stem size less than four inches in diameter and which normally cover the ground. "Ground water" shall mean water in a saturated zone or stratum beneath the surface of land or a surface water body. “Grubbing” shall mean the act of removing vegetation by the roots. "Hundred cubic feet” (HCF) shall mean hundred cubic feet of measure. “Hard Surface” An impervious surface, a permeable pavement, or a vegetated roof. “Hazardous materials” means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. "Health officer" shall mean the Kitsap Health District Health Officer or designee. “Hyperchlorinated” means water that contains more than 10mg/L chlorine. Stormwater Code Updates 13 “Illicit discharge” means any direct or indirect non-stormwater discharge to the city's storm drain system, except as expressly exempted by this chapter. “Illicit connection” means any man-made conveyance that is connected to a municipal separate storm sewer without a permit, excluding roof drains and other similar type connections. Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the municipal separate storm sewer system. “Inactive account” shall mean an account that has no current usage, billing or payment activity. “Inactive water service” shall mean that the water meter for the service location has not registered any noticeable consumption. Some of the reasons for inactivity would be by a customer’s request, shut off for non-payment, requested deactivation or the water meter has been removed for non-usage. “Industrial user” (See Commercial Special). "Infiltration" shall mean ground water entering the wastewater or stormwater system through open pipe joints, cracks in manhole walls, and cracked pipe. "Inflow" shall mean rainwater or other clean water that enters the wastewater system through roof leader connections, catch basins, yard and foundation drains, perforated manhole covers, and other openings to the wastewater system. "Impervious / Hard Surface Unit” (IHSU) shall mean a configuration or conglomeration of impervious surface. One (1) impervious surface unit (IHSU) is equivalent to two thousand five hundred (2,500) square feet of impervious surface area. "Improper stormwater inflow or Improper connection" shall mean any kind of stormwater connection or inflow to the wastewater system prohibited by this chapter including, but not limited to: roof drains, parking lot drains, curtain drains, driveway drains and sump pumps. "Roof drains" shall mean any downspout, scupper or device that collects and conveys stormwater runoff from a roof surface; "Parking lot drain" shall mean any drain or catch basin that collects stormwater runoff located within the confines of a parking lot such as those in pay parking lots, apartment complexes, shopping centers, etc; "Driveway drain" shall mean a drain typically located below street grade at the bottom of a sloped driveway; and/or "Sump pump" shall mean a pump that conveys ground water or stormwater runoff to a storm system or to the ground surface. A sump pump that collects and conveys ground water or stormwater runoff from the area outside of the building's foundation footprint to the wastewater system is an improper connection. A sump pump that collects and conveys ground water or stormwater runoff from the area within the building's foundation footprint is required to be connected to the wastewater system. (Kitsap County Health District code requires sump pumps located within the foundation footprint to be connected to the wastewater system. This is due to the potential for contamination by human waste, detergents or other household chemicals or oils which are not appropriate to discharge into a stormwater system.) "Improved premises" shall mean any area which has been altered such that the runoff from the site is greater than runoff prior to development. “Lakes” shall mean natural or artificial bodies of water of two or more acres and/or where the deepest part of the basin at low water exceeds two meters (6.6 feet). Artificial bodies of water with a recirculation system approved by the public works department are not included in this definition. Stormwater Code Updates 14 “Land development permit” shall mean a preliminary or final plat for a single-family residential development; a building permit; site plan; preliminary or final planned unit development plan. "Lateral sewer" shall mean a sanitary sewer constructed within a public right-of-way between the mainline/trunk sewer and the right-of-way line in accordance with current Engineering Design and Construction Standards. “Low Impact Development” (LID) shall mean a stormwater and land use management strategy that strives to mimic pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design. "Mainline sewer." (See trunk sewer). “Mechanical equipment” shall mean all motorized equipment used for earth moving, trenching, excavation, gardening, landscaping, and general property maintenance exceeding 12 horsepower in size. "Multi-family units" shall mean a parcel of property which has been legally developed with more than two (2) residential living units. “Municipal Separate Storm Sewer System” (MS4) means a conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains, which are; Owned or operated by the City of Bremerton; Designed or used for collecting or conveying stormwater; and Not part of a Publicly Owned Treatment Works (POTW) and not a combined sewer. “Native growth area” shall mean a restrictive area where all native, predevelopment vegetation shall not be disturbed or removed except for removal pursuant to an enhancement program approved pursuant to this chapter or to remove dead or diseased vegetation. The purpose of the area is to protect steep slopes, slopes with erosion potential, landslide and seismic hazards, creeks, wetlands and/or riparian corridors, wildlife, and areas shown on the environmentally sensitive areas map. This area shall be defined during the development review process and shown on the recorded plat, short plat or approved site plan. "Natural location" shall mean the location of those channels, swales, and other non- manmade conveyance systems as defined by topographic contours existing for the subject property, as defined from maps or photographs, or such other historical means as appropriate. "New development" shall mean the following activities: land disturbing activities, structural development, including construction, installation or expansion of a building or other structure; creation of impervious and hard surfaces; Class IV – general forest practices that are conversions from timber land to other uses; and subdivision and short subdivision of land as defined in RCW 58.17.020. All other forest practices and commercial agriculture are not considered new development. “National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit” shall mean a permit issued by the Environmental Protection Agency (EPA) (or by the Washington Department of Ecology under authority delegated pursuant to 33 USC Section 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis. Stormwater Code Updates 15 “Non-stormwater discharge” shall mean any discharge to the storm drain system that is not composed entirely of stormwater. “Notice of Intent for Construction Activity” means the application form for coverage under the Construction Stormwater General Permit. “Operation and maintenance costs" (O & M costs) shall mean the total cost of operating and maintaining the utility system, including, but not necessarily limited to, costs for labor, supplies and materials, utility services, vendor services, equipment usage, testing, taxes and assessments. "Occupied property" shall mean real property on which a structure exists that is being served and being billed by an existing or temporary utility facility. “Open space” shall mean land set aside for public or private use within a development that is not built upon. “Outfall” shall mean point source as defined by 40 CFR 122.2 at the point where a discharge leaves the MS4 and discharges to waters of the State. Outfall does not include pipes, tunnels, or other conveyances which connect segments of the same stream or other surface waters and are used to convey primarily surface waters (i.e. culverts). “Partially developed lot” shall mean a lot or parcel of land upon which a structure is located and which is of sufficient area so as to be capable of accommodating additional development pursuant to the Bremerton zoning code; or which may be subdivided in accordance with the City of Bremerton subdivision chapter. "Permanent Stormwater Quality Control Plan” (PSQC) shall mean a plan which includes permanent BMPs for the control of pollution from stormwater runoff after construction and/or land disturbing activity has been completed. “Permeable” shall mean soil or other material that allows the infiltration or passage of water or other liquids. “Permeable pavement” shall mean pervious concrete, porous asphalt, permeable pavers or other forms of pervious or porous paving material intended to allow passage of water through the pavement section. It often includes an aggregate base that provides structural support and acts as a stormwater reservoir. “Permit” shall mean a written legal authorization to conduct an action. “Person” shall mean any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner of a premises or as the owner's agent. “Pervious Surface” shall mean any surface material that allows stormwater to infiltrate into the ground. Examples include lawn, landscape, pasture, native vegetation areas, and permeable pavements. "Pollution" shall mean contamination or other alteration of the physical, chemical, or biological properties, of waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare, or to alter the ecosystem so as to endanger domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life. Further defined in the Washington State Surface Water Quality Standards (Chapter 173-201A WAC), Ground Water Quality Standards (Chapter 173-200 WAC), Sediment Management Standards Stormwater Code Updates 16 (Chapter 173-204 WAC), or human health-based criteria in the national Toxics Rule (Federal Register, Vol. 57, NO. 246, Dec. 22, 1992, pages 60848-60923). "Premises" shall mean a single tract of land, building, or portion of a building under a single control and ownership. "Pressure line" shall mean a sanitary sewer through which wastewater must be forced by pumping or gravity pressure to a point of collection. “Publicly Owned Treatment Works” (POTW) shall mean any device or system used in treatment of municipal sewage or industrial wastes of a liquid nature which is publicly owned. “Public Utilities Construction Agreement” (PUCA) shall mean an agreement between the City, the developer, and the developer’s contractor to construct utility improvements to serve a proposed development. "Reimbursement agreement" shall mean an agreement entered into between the installer of a utility facility and the Department for the purpose of reimbursing the installer for all or part of the costs for installation or extension of the utility system by subsequent development for the facility defined in the agreement. “Removal” shall mean the actual destruction or causing the effective destruction through damaging, poisoning or other direct or indirect actions resulting in the death of a tree or ground cover. “Rockery or rock wall” shall mean one or more courses of large rocks stacked near vertical in front of an exposed soil face to protect the soil face from erosion and sloughing. “Routine landscape maintenance” shall mean pruning, weeding, planting annuals, mowing turf lands and ground cover management which is undertaken by a person in connection with the normal maintenance and repair of property. This definition does not include falling or topping of trees or removal of invasive plants resulting from lack of regular maintenance. "Sanitary sewage" shall mean the liquid wastes and all constituents therein that are related to the use of such sanitation facilities, toilets, bathtubs, showers, sinks, dishwashers, washing machines, garbage grinders, and other devices. However, any other water that enters sanitary or combined sewers before or after discharge by a user shall thereafter also be called sewage. "Sewage" is essentially synonymous with the term "wastewater," except that wastewater may also contain liquid wastes discharged from industrial operations or processes. "Sanitary sewer" shall mean only those portions of the utility system which are designated to carry, transport, or dispose of wastewater. “Sedimentation” shall mean the process of gravity-induced settling, sinking and deposition of fragmented rock, soil, or organic particles displaced, transported, and deposited by erosive water-based processes. "Septage waste" shall mean waste material pumped from an on-site wastewater disposal system such as a septic tank or cesspool or holding tank. “Siltation” shall mean deposition of soil, sand, and gravel on the surface or in stormwater conveyance systems as a result of erosion in tributary areas and transport by runoff water. "Single-family parcel or unit" shall mean a parcel which has been developed with a single-family living unit. "Site" shall mean the portion of a piece of property which is directly subject to development. "Slope" shall mean the inclination of a surface expressed in a ratio of horizontal run to vertical rise measured as a numerical ratio, percent, or in degrees. Expressed as a ratio, the first number is the horizontal distance (run) and the second is the vertical distance (rise), as 2:1. A 2:1 Stormwater Code Updates 17 slope is a fifty (50) percent slope. Expressed in degrees, the slope is the angle from the horizontal plane, with a ninety (90) degrees slope being vertical (maximum) and forty-five (45) degrees being a 1:1 or one hundred (100) percent slope. "Standards” shall mean the current Engineering Design and Construction Standards for the City of Bremerton. “Standard construction costs" shall mean the total cost of installation of a utility piping system, including the cost of all manholes, distribution system, or incidental work necessary to place the utility system in service, meeting the minimum size and installation requirements of the utility for the intended service. "Standard gravity sanitary sewer" shall mean a sanitary trunk sewer conveying flow to a point of collection without pumping and constructed in accordance with current Engineering Design and Construction Standards. "Standard gravity sewer connection" shall mean a connection made to a gravity trunk or lateral sanitary sewer of the City, except those City sewer lines located on the waterfront or pressure sewer line. "Standard stormwater sewer" shall mean a stormwater line not less than twelve (12) inches in diameter and constructed in accordance with current Engineering Design and Construction Standards. "Standard water main" shall mean a water distribution line constructed in accordance with current Engineering Design and Construction Standards. "Stormwater Management Manual" or "Stormwater Manual" shall mean the latest version of the Washington Department of Ecology Stormwater Management Manual for Western Washington, Kitsap County Stormwater Management Manual and the Low Impact Development (LID) Guidance Manual for Kitsap County, Low Impact Development Technical Guidance Manual for Puget Sound (LID Manual) by Washington State University and Puget Sound Partnership and such other standards incorporated in the "Engineering Design and Construction Standards." “Stormwater Pollution Prevention Plan” (SWPPP) shall mean a report containing a narrative and drawings used to explain and justify the pollution prevention decisions made for a particular project. The narrative contains concise information concerning existing site conditions, construction schedules, and other pertinent items that are not contained on the drawings. The drawings and notes describe where and when the various BMPs should be installed, the performance the BMPs are expected to achieve, and actions to be taken if the performance goals are not achieved. It also means a document which describes the best management practices and activities to be implemented by a person to identify sources of pollution or contamination at a premises and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable. “Stormwater Site Plan” shall mean a comprehensive site plan and report containing all of the technical information and analysis necessary for the City of Bremerton to evaluate a proposed new development or redevelopment project for compliance with the Bremerton Municipal Code, and the Stormwater Manual. Contents of the stormwater site plan will vary with the type and size of the project, and individual site characteristics. "Stormwater system" shall mean all facilities for collecting, transporting, pumping, treating and discharging stormwater. “Sub-basin” shall mean the smallest unit into which the land surface is subdivided for hydrologic study purposes. Stormwater Code Updates 18 “SWMMWW” shall mean the current version of the Washington State Department of Ecology’s Stormwater Management Manual for Western Washington “Townhouse” shall mean a row of homes that share common walls but ownership includes the land to each individual owner. “Tree” shall mean any living woody plant characterized by one main stem or trunk and many branches and having a caliper of four inches or greater, or a multi-stemmed trunk system with a definitely formed crown. “Triplex” shall mean a multifamily residential unit containing three separate dwelling units with any configuration or three dwelling units located on one parcel. "Undeveloped parcel" shall mean any parcel of real property that has not been altered by grading or filling of the ground surface, or by construction of any improvement or other impervious surface area that affects the hydraulic properties of the parcel. “Uniform Plumbing Code” (UPC) shall mean the latest version of the Uniform Plumbing Code that has been accepted by the City of Bremerton. "Undeveloped parcel" shall mean real property on which no structure requiring utility service exists or real property which has had no active service for water, wastewater or stormwater. "User" shall mean any person, business, or institution owning or controlling property for which utility service is provided and who is responsible for an account. "User parcel" shall mean any parcel of land within the utility service area to which water, wastewater, or stormwater service is currently provided or to which a charge is imposed therefore, or any other land with any significant man-made impervious surface. "Utility" shall mean the water, wastewater, and stormwater utility systems of the City. “Utility Service Agreement” (USA) shall mean an agreement that the person requesting utility service signs, which constitutes a contract with the Utility “Utility service rates” shall mean the rates charged for services. These will include the zero usage fixed fees which are for the maintenance and repair of the Utility infrastructure and commodity charge for usage .Based on service location, other associated rates, fees and charges may be applied to the customer’s account "Wastewater" shall mean liquid wastes, and all constituents dissolved or suspended therein, discharged by residential, commercial, or industrial users of the wastewater facilities system. "Wastewater" is essentially synonymous with the term "sewage." "Wastewater system" shall mean all facilities for collecting, transporting, pumping, treating, and disposing of sewage, including sludge utilization. “Water meter” shall mean a device used to measure and record the amount of water flowing through a pipe. "Water system" shall mean all facilities for treatment, storage, pumping, transmission and distribution of water. "Watershed" shall mean a geographic region within which water drains into a particular river, stream, or body of water as identified and numbered by the State of Washington Water Resource Inventory Areas (WRIAs) as defined in Chapter 173-500 WAC. "Wetlands" shall mean those areas as defined in the City's Critical Areas Ordinance and include areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adopted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Stormwater Code Updates 19 “Wetponds” shall mean drainage facilities for water quality treatment that contain permanent pools of water that are filled during the initial runoff from a storm event. They are designed to optimize water quality by providing retention time in order to settle out particles of fine sediment to which pollutants such as heavy metals absorb. They also allow biologic activity to occur that metabolizes nutrients and organic pollutants. “Wet season” shall mean the months of October through April. SECTION 3. Chapter 15.04 of the Bremerton Municipal Code entitled “Stormwater” is hereby repealed in its entirety and a new section, Chapter 15.04 entitled “Stormwater” is hereby created to read as follows: Chapter 15.04 STORMWATER 15.04.010 PURPOSE. The ordinances codified in this section establish availability, conditions of service, system improvement requirements, and the operation and maintenance of the stormwater system for the collection and treatment of surface drainage. 15.04.020 COMPREHENSIVE PLAN. A Stormwater Comprehensive Plan shall be developed by the Department meeting the provisions of RCW 37.67.030. The Plan shall be approved by the Mayor, adopted by the City Council and administered by the Director. 15.04.030 SERVICE AVAILABILITY. Stormwater service is considered available to all of the public and private property owners residing within the service area and drainage basins which contribute stormwater into the Utility system either through natural drainages, direct discharge to receiving water, or constructed conveyance systems as identified in the Comprehensive Plan. 15.04.040 REGULATED ACTIVITIES. Consistent with the minimum requirements contained in this Section, the City shall approve or disapprove the following activities, unless exempted in 15.04.041. (a) New Development (b) Redevelopment 15.04.041 EXEMPTIONS. Commercial agriculture, and forest practices regulated under Title 222 WAC, except for Class IV General forest practices that are conversions from timber land to other uses, are exempt from the provisions of this Section. Development undertaken by the Washington State Department of Transportation in state highway rights-of-way is regulated by Chapter 173-270 WAC, the Puget Sound Highway Runoff Program. All other new development and redevelopment is subject to the minimum requirements of this Ordinance. Stormwater Code Updates 20 15.04.042 SYSTEM DEVELOPMENT AND CONSTRUCTION STANDARDS. (a) Stormwater Best Management Practices (BMPs) General: BMPs shall be used to control pollution from stormwater. BMPs shall be used to comply with the standards in this Section. BMPs are in the Manual. Experimental BMPs: In those instances where appropriate BMPs are not in the Manual, experimental BMPs should be considered. Experimental BMPs are encouraged as a means of solving problems in a manner not addressed by the Manual in an effort to improve stormwater quality technology. Experimental BMPs must be approved in accordance with the approval process outlined in the Manual. (b) Small Parcel Minimum Requirements The following new development shall be required to control erosion and sediment during construction, to permanently stabilize soil exposed during construction, to comply with Small Parcel Requirements 1 through 5 below, and to prepare a small parcel stormwater management plan: Individual, detached, single family residences and duplexes. Creation or addition of less than 5,000 square feet of impervious surface area. Land disturbing activities of less than one (1) acre. (1) Construction Access Route. Construction vehicle access shall be, whenever possible, limited to one route. Access points shall be stabilized with quarry spall or crushed rock to minimize the tracking of sediment onto public roads. (2) Stabilization of Denuded Areas. Soil stabilization: All exposed soils shall be stabilized by suitable application of BMPs, including but not limited to, sod or other vegetation, plastic covering, mulching, or application of ground base on areas to be paved. All BMPs shall be selected, designed and maintained as approved by the City. From October 1 through April 30, no soils shall remain exposed for more than 2 days. From May 1 through September 30, no soils shall remain exposed for more than 7 days. (3) Protection of Adjacent Properties. Adjacent properties shall be protected from sediment deposition by appropriate use of vegetative buffer strips, sediment barriers or filters, dikes or mulching, or by a combination of these measures and other appropriate BMPs. (4) Maintenance. All erosion and sediment control BMPs shall be regularly inspected and maintained to ensure continued performance of their intended function. (5) Other BMPs. As required by the City, other appropriate BMPs to mitigate the effects of increased runoff shall be applied. (c) Large Development Minimum Requirements (1) New development i. All new development that includes the creation or addition of 5,000 square feet, or greater, of new impervious surface area; and/or land disturbing activity of one acre or greater, shall comply with Minimum Requirements in Sections (c)(3) through (c)(13). Stormwater Code Updates 21 Compliance shall be demonstrated through the implementation of an approved Stormwater Site Plan consisting of a Large Parcel ESC Plan and a PSQC Plan, as appropriate. ii. All new development that includes the creation or addition of 5,000 square feet, or greater, of new impervious surface area, and/or land disturbing activity of less than one acre, shall comply with Minimum Requirements in Sections (c)(4) through (c)(13) and the Small Parcel Minimum Requirements. Compliance shall be demonstrated through the implementation of an approved Stormwater Site Plan that includes a Small Parcel ESC Plan and PSQC Plan. This Section does not apply to the construction of individual, detached, single family residences and duplexes. Those types of new development are included in the Small Parcel Minimum Requirements. (2) Redevelopment i. Where redevelopment of 5,000 square feet or greater occurs: New development minimum requirements in Sections (c)(3) through (c)(13), shall apply to that portion of the site that is being redeveloped, and source control BMPs shall be applied to the entire site, including adjoining parcels if they are part of the project. ii. In addition to the above requirements, where one or more of the following conditions apply, a stormwater management plan shall be prepared that includes a schedule for implementing the minimum requirements to the maximum extent practicable as determined by the Director, for the entire site, including adjoining parcels if they are part of the project. An adopted and implemented basin plan may be used to develop redevelopment requirements that are tailored to a specific basin. (A) Existing sites greater than 1 acre with 50% or more impervious surface. (B) Sites that discharge to a receiving water that has a documented water quality problem. Subject to local priorities, a documented water quality problem includes, but is not limited to, water bodies: I. Listed in reports required under section 305(b) of the Clean Water Act, and designated as not supporting beneficial uses; II. Listed under section 304(l)(1)(A)(i), 304(l)(1)(A)(ii), or 304(l)(1)(B) of the Clean Water Act as not expected to meet water quality standards or water quality goals; III. Listed in Washington State's Nonpoint Source Assessment required under section 319(a) of the Clean Water Act that, without additional action to control nonpoint sources of pollution cannot reasonably be expected to attain or maintain water quality standards. (C) Sites where the need for additional stormwater control measures have been identified through a basin plan, the watershed ranking process under Ch. 400-12 WAC, or through Growth Management Act Planning. (3) Minimum Requirement #1 -- Erosion and Sediment Control All new development and redevelopment that includes land disturbing activities of equal to or greater than one acre shall comply with erosion and Sediment Control Requirements below. Compliance with the Erosion and Sediment Control Requirements shall be demonstrated through implementation of an approved Large Parcel Erosion and Sediment Control Plan. All new development and redevelopment that includes land disturbing activities of less than 1 acre shall comply with the small parcel minimum requirements found in Section (b), above. Stormwater Code Updates 22 Compliance with small parcel requirements shall be demonstrated through implementation of a Small Parcel Erosion and Sediment Control Plan. The following erosion and sediment control requirements shall be met: i. Stabilization and sediment trapping. All exposed soils shall be stabilized by suitable application of BMPs. From October 1 to April 30, no soils shall remain exposed for more than 2 days. From May 1 to September 30, no soils shall remain exposed for more than 7 days. Prior to leaving the site, stormwater runoff shall pass through a sediment pond or sediment trap, or other appropriate BMPs. ii. Delineate clearing and easement limits. In the field, stake and flag clearing limits and/or any easements, setbacks, sensitive/critical areas and their buffers, trees and drainage courses. iii. Protection of adjacent properties. Properties adjacent to the project site shall be protected from sediment deposition. iv. Timing and stabilization of sediment trapping measures. Sediment ponds and traps, perimeter dikes, sediment barriers, and other BMPs intended to trap sediment on-site shall be constructed as a first step in grading. These BMPs shall be functional before land disturbing activities take place. Earthen structures such as dams, dikes, and diversions shall be seeded and mulched according to the timing indicated in Erosion and Sediment Control Requirement. v. Cut and fill slopes. Cut and fill slopes shall be designed and constructed in a manner that will minimize erosion. In addition, slopes shall be stabilized in accordance with 3(a). vi. Controlling off-site erosion. Properties and waterways downstream from development sites shall be protected from erosion due to increases in the volume, velocity, and peak flow rate of stormwater runoff from the project site. vii. Stabilization of temporary conveyance channels and outlets. All temporary on-site conveyance channels shall be designed, constructed and stabilized to prevent erosion from the expected velocity of flow from a 2-year, 24-hour frequency storm for the developed condition. Stabilization adequate to prevent erosion of outlets, adjacent streambanks, slopes and downstream reaches shall be provided at the outlets of all conveyance systems. viii. Storm drain inlet protection. All storm drain inlets made operable during construction shall be protected so that stormwater runoff shall not enter the conveyance system without first being filtered or otherwise treated to remove sediment. ix. Underground utility construction. The construction of underground utility lines shall be subject to the following criteria: (A) Where feasible, no more than 500 feet of trench shall be opened at one time. (B) Where consistent with safety and space considerations, excavated material shall be placed on the uphill side of trenches. (C) Trench dewatering devices shall discharge into a sediment trap or sediment pond. x. Construction access routes. Stormwater Code Updates 23 Wherever construction vehicle access routes intersect paved roads, provisions must be made to minimize the transport of sediment (mud) onto the paved road. If sediment is transported onto a road surface, the roads shall be cleaned thoroughly at the end of each day. Sediment shall be removed from roads by shoveling or sweeping and be transported to a controlled sediment disposal area. Street washing shall be allowed only after sediment is removed in this manner. xi. Removal of temporary BMPs. All temporary erosion and sediment control BMPs shall be removed within 30 days after final site stabilization is achieved or after the temporary BMPs are no longer needed. Trapped sediment shall be removed or stabilized on site. Disturbed soil areas resulting from removal shall be permanently stabilized. xii. Dewatering construction sites. Dewatering devices shall discharge into a sediment trap or sediment pond. xiii. Control of pollutants other than sediment on construction sites. All pollutants other than sediment that occur on-site during construction shall be handled and disposed of in a manner that does not cause contamination of stormwater. xiv. Maintenance. All temporary and permanent erosion and sediment control BMPs shall be maintained and repaired as needed to assure continued performance of their intended function. All maintenance and repair shall be conducted in accordance with an approved manual. xv. Financial liability. Performance bonding, or other appropriate financial instruments, shall be required for all projects to ensure compliance with the approved erosion and sediment control plan. (4) Minimum Requirement #2 -- Preservation of Natural Drainage Systems Natural drainage patterns shall be maintained, and discharges from the site shall occur at the natural location, to the maximum extent practicable. (5) Minimum Requirement #3 -- Source Control of Pollution Source control BMPs shall be applied to all projects to the maximum extent practicable as determined by the Director. Source control BMPs shall be selected, designed, and maintained according to an approved manual. An adopted and implemented basin plan (Minimum Requirement #9) may be used to develop source control requirements that are tailored to a specific basin. However, in all circumstances, source control BMPs shall be required for all sites. (6) Minimum Requirement #4 -- Runoff Treatment BMPs All projects shall provide treatment of stormwater. Treatment BMPs shall be sized to capture and treat the water quality design storm, defined as the 6-month, 7-day return period storm. The first priority for treatment shall be to infiltrate as much as possible of the water quality design storm, only if site conditions are appropriate and ground water quality will not be impaired. Direct discharge of untreated stormwater to ground water is prohibited. All treatment BMPs shall be selected, designed, and maintained according to an approved manual. Stormwater treatment BMPs shall not be built within a natural vegetated buffer, except for necessary conveyance systems as approved by the local government. An adopted and implemented basin plan may be used to develop runoff treatment requirements that are tailored to a specific basin. (7) Minimum Requirement #5 -- Streambank Erosion Control Stormwater Code Updates 24 The requirement below applies only to situations where stormwater runoff is discharged directly or indirectly to a stream, and must be met in addition to meeting the for Runoff Treatment BMPs requirements: Stormwater discharges to streams shall control streambank erosion by limiting the peak rate of runoff from individual development sites to not to exceed the pre-existing conditions for 2-year, 24-hour design storm while maintaining the existing condition peak runoff rate for the 10-year, 24-hour and 100-year, 24-hour design storms. As the first priority, streambank erosion control BMPs shall utilize infiltration to the fullest extent practicable, only if site conditions are appropriate and ground water quality is protected. Streambank erosion control BMPs shall be selected, designed, and maintained according to an approved manual. Stormwater treatment BMPs shall not be built within a natural vegetated buffer, except for necessary conveyance systems as approved by the City. An adopted and implemented basin plan may be used to develop streambank erosion control requirements that are tailored to a specific basin. (8) Minimum Requirement #6 -- Wetlands The requirements below apply only to situations where stormwater discharges directly or indirectly through a conveyance system into a wetland, and must be met in addition to meeting the Runoff Treatment BMPs. i. Stormwater discharges to wetlands will be treated to the extent practical prior to discharge. ii. Discharges to wetlands shall maintain the hydroperiod and flows of existing site conditions to the extent necessary to protect the characteristic uses of the wetland. Prior to discharging to a wetland, alternative discharge locations shall be evaluated, and natural water storage and infiltration opportunities outside the wetland shall be maximized. iii. Created wetlands that are intended to mitigate for loss of wetland acreage, function and value shall not be designed to also treat stormwater. iv. In order for constructed wetlands to be considered treatment systems, they must be constructed on sites that are not wetlands and managed for stormwater treatment. If these systems are not managed and maintained in accordance with an approved manual for a period exceeding three years, these systems may no longer be considered constructed wetlands. Discharges from constructed wetlands to waters of the State (including discharges to natural wetlands) are regulated under Ch. 90.48 RCW, Ch. 173-201 WAC, and Ch. 173-200 WAC. v. Stormwater Treatment BMPs shall not be built within a natural vegetated buffer, except for necessary conveyance systems as approved by the City. An adopted and implemented basin plan may be used to develop requirements for wetlands that are tailored to a specific basin. (9) Minimum Requirement #7: Water Quality Sensitive Areas Where local governments determine that the minimum requirements don't provide adequate protection of water quality sensitive areas, either on-site or within the basin, more stringent controls shall be required to protect water quality. Stormwater Treatment BMPs shall not be built within a natural vegetated buffer, except for necessary conveyance systems as approved by the local government. An adopted and implemented basin plan may be used to develop requirements for water quality sensitive areas that are tailored to a specific basin. (10) Minimum Requirement #8: Off-Site Analysis and Mitigation Stormwater Code Updates 25 All development projects shall conduct an analysis of off-site water quality impacts resulting from the project and shall mitigate these impacts. The analysis shall extend a minimum of one- fourth of a mile downstream from the project. The existing or potential impacts to be evaluated and mitigated shall include, at a minimum, but not be limited to: i. Excessive sedimentation ii. Streambank erosion iii. Discharges to ground water contributing or recharge zones iv. Violations of water quality standards v. Spills and discharges of priority pollutants (11) Minimum Requirement #9: Basin Planning Adopted and implemented watershed-based basin plans may be used to modify any or all of the Minimum Requirements, provided that the level of protection for surface or ground water achieved by the basin plan will equal or exceed that which would be achieved by the Minimum Requirements in the absence of a basin plan. Basin plans shall evaluate and include, as necessary, retrofitting of BMPs for existing development and/or redevelopment in order to achieve watershed-wide pollutant reduction goals. Standards developed from basin plans shall not modify any of the above requirements until the basin plan is formally adopted and fully implemented by local government. Basin plans shall be developed according to an approved manual. (12) Minimum Requirement #10: Operation and Maintenance An operation and maintenance schedule shall be provided for all proposed stormwater facilities and BMPs, and the party (or parties) responsible for maintenance and operation shall be identified. (13) Minimum Requirement #11: Financial Liability Performance bonding or other appropriate financial instruments shall be required for all projects to ensure compliance with these standards. (14) Exceptions Exceptions to minimum requirements #1 through #11 may be granted prior to permit approval and construction. An exception may be granted following a public hearing, provided that a written finding of fact is prepared, that addresses the following: i. The exception provides equivalent environmental protection and is in the public interest; and that the objectives of safety, function, environmental protection and facility maintenance, based upon sound engineering, are fully met; ii. That there are special physical circumstances or conditions affecting the property such that the strict application of these provisions would deprive the applicant of all reasonable use of the parcel of land in question, and every effort to find creative ways to meet the intent of the minimum standards has been made; iii. That the granting of the exception will not be detrimental to the public health and welfare, nor injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the State; and iv. The exception is the least possible exception that could be granted to comply with the intent of the Minimum Requirements. 15.04.050 SERVICE CONNECTIONS. All service connection shall be in accordance with the System Development and Construction Standards. Stormwater Code Updates 26 A service connection to a closed Stormwater drainage facility shall be extended from the conveyance facility to a point adjacent to the property line and shall be maintained by the property owner. 15.04.060 ON-SITE (PRIVATE) IMPROVEMENTS. New multi-family (exceeding two units), commercial or industrial developments shall provide, at their own cost, on-site water quality and quantity improvements to include, but not be limited to, conveyance facilities, retention/detention ponds, under-drains, separators, or other on- site facilities that are required to limit the off-site discharge of stormwater and to control stormwater quality. Improvements shall be in accordance with the System Development and Construction Standards. On-site facilities shall be regularly maintained, cleaned, serviced and repaired. Any inoperable facility shall be considered a nonconforming condition and subject to abatement under Section 15.04.080. 15.04.070 SAMPLING STATIONS. When required by the Department, the property owner shall install and maintain at their expense, a manhole in the connection to facilitate observation, sampling, and measurement of surface drainage and stormwater flows and contaminant loadings. The manhole shall be located as approved by the Department and constructed in accordance with System Development and Construction Standards. 15.04.080 ABATEMENT OF NONCONFORMING, UNAUTHORIZED OR UNSAFE CONDITIONS. The Department shall be responsible for the integrity, safety, and the continuity of the stormwater system. As a condition of the Utility Service Agreement, the property owner shall grant the Department the authority to make inspections at any time if the Department or other appropriate agency has reasonable cause to believe there exists on the premises a nonconforming, unauthorized, or unsafe condition or to verify no such condition exists. The Director or his/her designee may enter onto such property to inspect the condition or to perform any duties imposed upon the Department by this Code, Provided, The Department shall first make reasonable efforts to contact the owner or person responsible for such property. The City shall have recourse to every remedy provided by law to secure entry and abate the condition. Such remedy may include, but not be limited to, securing property owner's correction; revocation, suspension, or discontinuation of service, permits, or authorizations; removal, reconstruction, replacement, or alteration of unauthorized condition; or all other powers and remedies which may be available under law, this Title, and regulations and procedures adopted hereunder. Expense incurred by the Department in abating such conditions shall constitute a civil debt owed to the City which shall be collectable in the same manner as any other civil debt. 15.04.090 STORMWATER SYSTEM MAINTENANCE. The Department shall be responsible for the operation, maintenance and repair of the stormwater system and appurtenances under its jurisdiction and located within the public right- of-way, dedicated utility easements an owned property. The Department shall not be responsible for servicing private systems extending from the City's stormwater line, except as provided in this chapter. Stormwater Code Updates 27 When maintenance, repair, or replacement of publicly-owned facilities is required, due to user activities resulting in unsafe, nonconforming, or unauthorized conditions as set fort in this Section, the City shall hold the responsible party liable for all costs of repairs, replacement, and inspection, and any other cost incurred to the City as a result of such activities. 15.04.100 INTERRUPTION OF SERVICE. Stormwater service may be temporarily discontinued in an emergency without notice to customers or for the purpose of making repairs, extension, or any other necessary work. The City shall not be held responsible for any damage to a private property resulting from interruption, failure of the stormwater system, or failure of the property owner to comply with provisions of this Code. Whenever reasonable, and in cases where it has advance knowledge thereof, the Department will notify all customers to be affected by an interruption of service in the official City newspaper or by employees of the Department for areas affected. 15.04.110 CHANGED SITE CONDITIONS. When an alteration to an existing parcel of property requires a building or grading permit, a new stormwater Utility Service or Development Agreement shall be required if any existing stormwater connections do not meet the current standards and requirements. 15.04.120 PROHIBITED ACTS. Violations under this section shall be punishable as a misdemeanor unless otherwise indicated: (a) Unlawful Tampering. It shall be unlawful for any person, unless duly authorized by the Department, to disturb, interfere with, or damage any stormwater facilities, including pipe, machinery, tools, buildings, improvements, or other appurtenances belonging to, connected with, or under the control of the Department. (b) Prohibited Discharges. It shall be unlawful for any person to discharge or cause the discharge into any stormwater manhole, pipe, drain, ditch or natural water course any of the following materials and substances: (1) Any garbage, rubbish, dead animals, or any substance which will obstruct, or have a tendency to obstruct, the flow of any sewer, drain, ditch or natural water course. (2) Erosion, debris, and sediments from construction or excavation. (3) Any pollution, as defined in this chapter, into the stormwater system, gases in sufficient quantity, either singly or by interaction with other wastes to constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters. (4) Any strong acid (pH lower than 5.5) or alkaline (pH higher than 8.5) or any other corrosive waste capable of causing damage or hazard to the structures, equipment or personnel of the City. (5) Any septage or wastewater. 15.04.130 ELIMINATION OF IMPROPER STORMWATER INFLOW TO THE WASTEWATER SYSTEM. (a) Purpose. Stormwater Code Updates 28 The purpose of this section is to significantly reduce improper stormwater inflow to the wastewater system in order to eliminate or reduce instances of combined sewer overflow events and surcharged sanitary sewers due to the improper inflows, which are detrimental to public health and welfare; and to maximize efficient operation of the wastewater collection system and treatment plant. (b) Disconnection Required by 2005. Disconnection of all improper stormwater inflow to the wastewater system shall be made by January 1, 2005, unless continued connection is authorized by the Director where no practicable alternative for elimination of the improper stormwater inflow is available. (c) Director's Authority to Order Early Disconnection. (1) Purpose. The Director has the authority to order the disconnection of improper stormwater inflow to the wastewater system prior to January 1, 2005, where that disconnection is necessary to meet combined sewer overflow reduction plans and for elimination of sanitary sewer surcharging. The Order of Early Disconnection will generally be in target areas as defined elsewhere in this section. (2) Notice. Notice of a Director's Order for Early Disconnection will be provided in writing. The notice will establish an effective date by which the improper stormwater inflow shall be discontinued. The effective date shall be no sooner than ninety (90) days from the date of the letter. The effective date may be extended in writing by the Director. (d) Target Areas. The Director may identify target areas within the wastewater service area (sewer or storm drainage basins or subbasins) which have the highest priority for reduction of improper stormwater inflow to the wastewater system based upon combined sewer overflow events and sanitary sewer surcharge problems. (e) Residential Disconnection Assistance Program. (1) Program Overview. The Director shall establish a program to assist residential property owners in the elimination of improper stormwater inflow to the wastewater system (the Program). The Program may include, but not be limited to; technical assistance to residential property owners, provision of supplies for incorporation of work upon residential property, work in the right-of-way that supports the residential property improvements and funding of residential property improvements through grants and loans. (2) Program Funding. The City Council shall periodically establish funding for the program, as well as setting limits and terms for loans and grants to participating residential property owners. If additional work is required beyond the limits established, it shall be performed by the owner at his/her expense. (3) Eligible Participants. This Program may be utilized only by the owners of single family or duplex (2 or less units) residences with improper stormwater inflow to the wastewater system, which were in existence prior to January 1, 1995. The Program participants must eliminate all practicable improper stormwater inflow to the wastewater system from the property. (4) Target Areas. The Director may implement and make available this Program throughout the wastewater service area, or instead only in target areas within the wastewater service area. When the Director issues an Order for Early Disconnection of improper stormwater inflow in an area where the Program is being implemented, the Director shall inform the owner of the availability of the Program. Participation in the Program shall be voluntary; owners declining to participate shall be required to proceed with removal of the improper private Stormwater Code Updates 29 stormwater inflow to the wastewater system by the established effective date at the owner's expense. (5) Scope of Work. The Director shall determine for each participating property the scope of work for reduction of improper stormwater inflow to the wastewater system which may be paid for with Program funds, with the goal of achieving the most cost- effective and timely reductions. (6) Application and Agreement Owners who wish to participate in the Program must make application to the Department. The application will include the name of the applicant, property location, scope of work, estimate of cost, method of performing the work (contractor or owner) and other data as the Director deems appropriate. Applications will be accepted, evaluated and funded on a first come/first served basis subject to prioritization of target areas. Once an application is approved for funding the applicant will enter into an agreement with the City that will include the scope of work, eligible amount and loan or grant terms. (7) Residential Property Work Funded by the City. i. (a) Contractor performed work. Participating owners shall select a contractor in accordance with a competitive process established by the Director. After City review and verification of the contractor selection process and contract price, the owner shall contract with the selected contractor for performance of the approved scope of work. The City shall not be a party to such contract. The owner's contract shall require the contractor to secure any building, right-of-way, or other permits as may be necessary, if the owner has not separately secured such permits. (b) Owner Performed Work. The Director may establish rules authorizing reimbursement or partial reimbursement for owner-performed work. The owner shall secure any building, right-of-way or other permits as may be necessary. ii. Release. As a condition to participation in the Program, the owner shall release the City and it's officers and employees from all liability relating to the work. iii. Payment. After the work is inspected and approved for conformance with the scope of work by the City, the Director shall authorize payment of the eligible amount provided in the agreement from funds appropriated to the Program. Partial payments will not be made. iv. Deferred Reimbursement. The Director may establish a deferred reimbursement program whereby a residential property owner who performs the work necessary to discontinue the improper stormwater inflows from the property for which the Program does not have funds immediately available can have the eligible amount reimbursed at a later date when funds are available. v. Maintenance. Participating owners shall be responsible for maintaining any improvements constructed under this Program. vi. Director Rules. The Director may establish policies, procedures and such further criteria as are required to implement this Program. (f) Abatement of Improper Stormwater Inflow. Whenever an improper stormwater inflow to the wastewater system exists subsequent to the disconnection requirements specified elsewhere in this section, the Director may abate the condition including; reconstruction, replacement or removal on public or private property as specified elsewhere in this chapter. Stormwater Code Updates 30 Chapter 15.04 STORMWATER 15.04.010 PURPOSE. This Chapter establishes availability, conditions of service, system improvement requirements, and the operation and maintenance of the stormwater utility system for the collection and treatment of surface drainage. 15.04.020 ADOPTION OF MANUALS. The following manuals are hereby adopted by reference as currently published and as hereinafter amended: Department of Ecology Stormwater Management Manual for Western Washington; Kitsap County Stormwater Management Manual; Low Impact Development (LID) Guidance Manual for Kitsap County; Low Impact Development Technical Guidance Manual for Puget Sound (LID Manual) by Washington State University and Puget Sound Partnership; and City of Bremerton Standards of Work in the Rights of Way (Engineering Design and Construction Standards). 15.04.030 DEFINITIONS. In addition to definitions set forth in BMC 15.01.020, the definitions set forth in the manuals adopted in Section 15.04.020 above are hereby incorporated. If definitions in BMC 15.01.020 conflict with definitions in the manuals, the definitions set forth in BMC 15.01.020 shall prevail. 15.04.040 STORMWATER COMPREHENSIVE PLAN. A Stormwater Comprehensive Plan shall be developed by the Department meeting the provisions of RCW 35.67.030. The Plan shall be approved by the Mayor, adopted by the City Council and administered by the Director. 15.04.050 STORMWATER MANAGEMENT PROGRAM (SWMP) A Stormwater Management Program shall be administered by the City of Bremerton pursuant to the Western Washington Phase II Municipal Stormwater NPDES Permit currently in effect and issued by the Washington State Department of Ecology in compliance with provisions of the State of Washington Water Pollution Control Law Chapter 90.48 RCW and The Federal Water Pollution Control Act (The Clean Water Act) Title 33 United States Code, Section 1251 et seq. 15.04.060 SERVICE AREA. Stormwater service is considered available to all of the public and private property within the City of Bremerton. Stormwater service area includes all public and private properties within the City of Bremerton through either natural drainages, direct discharge to receiving water or constructed conveyance systems. Service is considered available for all properties in the City of Bremerton however storm drainage mitigation may be required pursuant to BMC 15.04.070. Stormwater Code Updates 31 15.04.070 REGULATED ACTIVITIES. Consistent with the minimum requirements contained in this Section, the City shall approve or disapprove the following activities, unless exempted in Section 15.04.080 below. (a) New Development; (b) Redevelopment; (c) Construction site activities; and (d) Property Maintenance, Repair or Replacement activities meeting specific thresholds as defined by SWMMWW. 15.04.080 EXEMPTIONS. Commercial agriculture, and forest practices regulated under Title 222 WAC, except for Class IV General Forest practices that are conversions from timber land to other uses, are exempt from the provisions of this Section. Development undertaken by the Washington State Department of Transportation in state highway rights-of-way is regulated by Chapter 173-270 WAC, the Puget Sound Highway Runoff Program. All other new development and redevelopment is subject to the minimum requirements of this Ordinance. 15.04.090 STORMWATER SYSTEMS / ENGINEERING DESIGN AND CONSTRUCTION STANDARDS GENERAL. All stormwater sewers and appurtenances shall be installed by the Department or a contractor in accordance with the manuals adopted in Section 15.04.020 above. A covenant and/or easement shall be recorded with the Kitsap County Auditor’s office for each property containing or served by stormwater drainage facilities. This covenant/easement shall be in a form approved by the City Attorney. The covenant/easement shall identify requirements and liability for preservation and maintenance of LID facilities approved under this chapter and privately held in individual or undivided ownership or intended for public ownership, shall restrict conversion of LID facilities, and shall grant the City access to LID facilities on private property to allow inspection, maintenance, and repair as required. 15.04.100 LOW IMPACT DEVELOPMENT – ALTERNATIVE STANDARDS. (a) The City encourages low impact development (LID) best management practices (BMPs), as an alternative to conventional stormwater management systems that rely on detention ponds and closed conveyance. LID is intended to manage runoff close to the source of generation and to mimic the predeveloped hydrologic condition of a site. (b) LID is accomplished first through minimizing the impervious surface coverage and second by managing runoff through dispersion, infiltration, evapo-transpiration, or a combination of these approaches. Use of LID BMPs may reduce or eliminate the need for conventional detention facilities but does not remove the obligation to comply with the minimum requirements of the Stormwater Manual. (c) A variety of BMPs to minimize impervious surfaces and to manage stormwater have been developed and tested for use in Western Washington. These BMPs and the overall LID approach are described in the LID Manual. (d) The menu of LID BMPs identified in the LID Guidance Manual are accepted by the City for use in stormwater site plans to address the minimum requirements for flow control Stormwater Code Updates 32 and runoff treatment in this chapter, subject to the specifications, performance standards, and design criteria in the LID Manual and review and approval under this chapter. (e) A covenant and/or easement shall be recorded with the Kitsap County Auditor’s office for each property containing or served by storm drainage facilities. This covenant/easement shall be in a form approved by the City Attorney. The covenant/easement shall identify requirements and liability for preservation and maintenance of low impact development facilities approved under this chapter and privately held in individual or undivided ownership or intended for public ownership, shall restrict conversion of LID facilities, and shall grant the City access to low impact development facilities on private property to allow inspection, maintenance, and repair. 15.04.110 SERVICE CONNECTIONS. All service connections shall be in accordance with the Engineering Design & Construction Standards as adopted in Section 15.04.020 above. A service connection shall extend from the property and to the stormwater drainage system and shall be maintained by the property owner. IHSUs cannot be transferred from one property or account to another property or account. 15.04.120 ON-SITE PRIVATE DEVELOPMENT or REDEVELOPMENT IMPROVEMENTS. All new or re-development projects shall provide on-site water quality and quantity improvements to include conveyance facilities, retention/detention ponds, under-drains, infiltration facilities, or other on-site stormwater drainage facilities necessary to mitigate any increase in stormwater runoff, control off-site discharge of stormwater and provide stormwater quality treatment. All storm drainage improvements shall be in accordance with the Engineering Design & Construction Standards and the Bremerton Municipal Code. On-site facilities shall be regularly maintained, cleaned, serviced and repaired by the owner. Any facility that has not been serviced or maintained and is not functioning as designed is nonconforming pursuant to City standards and will be subject to abatement under Section 15.04.080. Constructed facilities shall not be removed. 15.04.130 STORM DRAINAGE SAMPLING STATIONS. When required by the Department, the property owner shall install and maintain at their expense, a storm drainage sampling station down stream from the private stormwater drainage facilities to facilitate observation, sampling, and measurement of surface drainage and stormwater flows prior to discharge into the City’s storm drainage system. The storm drainage sampling station shall be located as approved by the Department and constructed in accordance with Standards. 15.04.140 ABATEMENT OF NONCONFORMING, UNAUTHORIZED OR UNSAFE CONDITIONS. The Department shall be responsible for the integrity, safety, and continuity of the stormwater system. As a condition of the Utility Service Agreement, the property owner shall grant the Department the authority to make inspections at any reasonable time. The Director or their designee may enter onto such property to inspect conditions or to perform any duties Stormwater Code Updates 33 imposed upon the Department by this Code provided the Department shall first make reasonable efforts to contact the owner or person responsible for such property. The Department shall have recourse to every remedy provided by law to secure entry and abate nonconforming, illegal, unauthorized, or unsafe conditions. Such remedies may include, but not be limited to, securing property owner's correction; revocation, suspension, or discontinuation of service, permits, or authorizations; removal, reconstruction, replacement, or alteration of unauthorized condition; or all other powers and remedies that may be available under this Title, and regulations and procedures adopted hereunder. Expense incurred by the Stormwater Utility in abating such conditions shall constitute a civil debt owed to the Stormwater Utility and will be collected from the owner, in accordance with the current Assessments, Rates, Fees and Charges. 15.04.150 STORMWATER SYSTEM OPERATION AND MAINTENANCE. The Department shall be responsible for the operation, maintenance and repair of the stormwater system and appurtenances under its jurisdiction and located within the public right- of-way, d edicated utility easements and City owned property. The Department shall not be responsible for servicing private systems connected to the City's stormwater main line, except as provided in this chapter. When maintenance, repair, or replacement of publicly-owned facilities is required, due to user activities resulting in unsafe, nonconforming, or unauthorized conditions as set forth in this Section, the City shall hold the responsible party liable for all costs of repairs, replacement, and inspection, and any other cost incurred to the City as a result of such activities. 15.04.160 CONSTRUCTION AND MAINTENANCE OF PRIVATE STORMWATER FACILITIES. (a) All stormwater facilities required under this chapter shall be constructed and maintained as set forth in the Stormwater Management Manual and the permits and/or approvals of the City. (b) Maintenance of private stormwater facilities. (1) The person or persons holding title to the property and the applicant required to construct a stormwater facility shall remain responsible for the facility’s continual performance, operation, and maintenance in accordance with the standards and requirements of the Stormwater Management Manual, this chapter, and the permits and/or approvals of the City and shall remain responsible for any liability as a result of these duties. Language designating the responsible parties shall be printed on the face of the plat documents, covenant, easement or other agreement recorded with the Kitsap County Auditor’s office for each property containing or served by said stormwater drainage facilities. This covenant/easement shall be in a form approved by the City Attorney. (2) The City shall have authority to periodically enter upon the property and inspect the facilities to ensure such compliance and to issue orders requiring maintenance and/or repair. In event that the titleholders or other responsible parties do not effect such maintenance and/or repairs, the City may perform such work, and the cost thereof shall be recoverable by the City from said titleholders or other responsible parties and/or by filing a lien against the property. (3) When an inspection identifies an exceedence of the maintenance standard or a non-conforming, unauthorized condition, maintenance/repair shall be performed in accordance with the following schedule: Stormwater Code Updates 34 i. Within 1 year for typical maintenance of facilities, except catch basins. ii. Within 6 months for typical maintenance. iii. Within 2 years for maintenance that requires capital construction of less than $25,000. 15.04.170 INTERRUPTION OF SERVICE. Stormwater service may be temporarily discontinued in an emergency without notice to customers or for the purpose of making repairs, extension, or any other necessary work. Whenever reasonable, and in cases where it has advance knowledge, the Department will provide notice of such emergency using appropriate methods of communication. The City shall not be held responsible for any damage to a private property resulting from interruption, failure of the stormwater system, or failure of the property owner to comply with provisions of this Code. 15.04.180 CHANGED SITE CONDITIONS. When an alteration to an existing parcel of property requires a building or grading permit, a new stormwater Utility Service Agreement shall be required if any existing stormwater connections do not meet the current Engineering Design and Construction Standards. However, this requirement shall only apply if the improvement can be installed for 25% or less of the total improvement cost of the project or, if in the judgment of the Director, the improvements are necessary to protect other upstream and downstream properties. 15.04.190 PROHIBITED ACTS. Violations under this section shall be punishable as a misdemeanor and subject to conditions of BMC 15.04.210 unless otherwise indicated: (a) Unlawful Tampering. It shall be unlawful for any person, unless duly authorized by the Department, to disturb, interfere with, or damage any stormwater facilities, including pipe, machinery, tools, buildings, improvements, or other appurtenances belonging to, connected with, or under the control of the Department. (b) Prohibited discharges (1) No person shall throw, drain, or otherwise discharge, cause or allow others under his/her control to throw, drain or otherwise discharge into the municipal storm drain system any materials other than stormwater. (2) Examples of prohibited contaminants include but are not limited to the following: Acids, alkalis, or bases; Animal carcasses; Antifreeze and other automotive products; Bark and other fibrous materials; Batteries; Chemicals not normally found in uncontaminated water; Chlorine, bromine, or other disinfectants; Construction materials; Degreasers and/or solvents; Domestic animal wastes; Drain cleaners; Stormwater Code Updates 35 Dyes, unless approved by the City; Flammable or explosive materials; Food wastes; Heated water; Lawn clippings, leaves, or branches; Metals in either particulate or dissolved form; Paints, stains, resins, lacquers, or varnishes; Pesticides, herbicides, or fertilizers; Petroleum products including but not limited to oil, gasoline, grease, fuel oil and heating oil; Radioactive material; Recreational vehicle waste; Sewage; Silt, sediment, concrete, cement or gravel; Soaps, detergents, or ammonia; Steam cleaning wastes; Swimming pool cleaning wastewater or filter backwash; Trash or debris; Any other process-associated discharge except as otherwise allowed in this section; and Any hazardous material or waste not listed above. (c) Allowable discharges. The following types of discharges shall not be considered illegal discharges for the purposes of this chapter unless the City determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or groundwater: Air conditioning condensation; Discharges from emergency fire-fighting activities; Diverted stream flows; Flows from riparian habitats and wetlands; Footing drains; Foundation drains; Irrigation water from agricultural sources that is commingled with urban stormwater; Rising ground waters; Springs; Uncontaminated ground water infiltration as defined in 40 CFR 35.2005(20); and Uncontaminated pumped ground water. (d) Conditional Discharges. The following types of discharges shall not be considered illegal discharges for the purposes of this chapter, if they meet the stated conditions, or unless the City determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or groundwater: (1) Potable water, including water from water line flushing, hyper chlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. These planned discharges shall be de-chlorinated to a concentration of 0.1 ppm or less, pH-adjusted, if necessary and in volumes and velocities controlled to prevent re-suspension of sediments in the stormwater system. (2) Lawn watering and other irrigation runoff. These types of discharges shall be permitted if the amount of runoff is minimized through water conservation efforts. Stormwater Code Updates 36 (3) De-chlorinated swimming pool discharges. These discharges shall be de- chlorinated to a concentration of 0.1 ppm or less, pH-adjusted and reoxygenized if necessary, volumetrically and velocity controlled to prevent re-suspension of sediments in the stormwater system. (4) Street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents. These discharges shall be permitted, if the amount of street wash and dust control water used is minimized. At active construction sites, street sweeping must be performed prior to washing the street. (5) Non-stormwater discharges covered by another NPDES permit. These discharges shall be in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations. (6) Other non-stormwater discharges. These discharges shall be in compliance with the requirements of a stormwater pollution prevention plan (SWPPP) reviewed and approved by the City, which addresses control of such discharges by applying AKART to prevent contaminants from entering surface or ground water. (e) Prohibited Connections (1) The construction, use, maintenance, or continued existence of illicit connections to the stormwater system is prohibited. (2) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (3) A person is considered to be in violation of this section, if the person connects a line conveying sewage to the MS4 or allows such a connection to continue. (f) Any discharge that exceeds the following daily maximum pollutant limits: Ammonia 50.0 mg/L Arsenic 0.10 mg/L Cadmium 0.10 mg/L Chromium(hexavalent) 0.25 mg/L Chromium(total) 1.0 mg/L Copper(total) 0.75 mg/L Cyanide(free) 0.20 mg/L Cyanide(total) 0.64 mg/L Lead 0.25 mg/L Mercury (total) 0.010 mg/L Molybdenum 1.0 mg/L Nickel 0.60 mg/L Selenium 0.10 mg/L Silver (total) 0.20 mg/L Zinc 2.0 mg/L 15.04.200 ELIMINATION OF IMPROPER STORMWATER INFLOW TO THE WASTEWATER SYSTEM. (a) Purpose. The purpose of this section is to significantly reduce improper stormwater inflow to the wastewater system in order to eliminate or reduce instances of combined sewer overflow events and surcharged sanitary sewers due to the improper inflows, which are detrimental to public Stormwater Code Updates 37 health and welfare; and to maximize efficient operation of the wastewater collection system and treatment plant. (b) Stormwater connections to the wastewater system is prohibited, as of January 1, 2005. A property that maintains a stormwater connection after January 1, 2005 is charged a fee for the connection pursuant to BMC 15.06.050(b) Rates – Stormwater – Improper Stormwater Inflow to Wastewater System. (c) Director's Authority to Order Disconnection. (1) Purpose. The Director has the authority to order the disconnection of improper stormwater inflow to the wastewater system where that disconnection is necessary to meet combined sewer overflow reduction and elimination of sanitary sewer surcharging. The Order of Disconnection will generally be in target areas as defined elsewhere in this section. (2) Notice. Director's Order of Disconnection will be provided in writing and will establish an effective date by which the improper stormwater inflow shall be discontinued. The effective date shall be no sooner than ninety (90) days from the date of the letter. The effective date may be extended in writing by the Director. (d) Target Areas. The Director may identify target areas within the wastewater service area (sewer or storm drainage basins or sub-basins) which have the highest priority for reduction of improper stormwater inflow to the wastewater system based upon combined sewer overflow events and sanitary sewer surcharge problems. (e) Abatement of Improper Stormwater Inflow. Whenever an improper stormwater inflow to the wastewater system exists subsequent to the disconnection requirements specified elsewhere in this section, the Director may abate the condition including; reconstruction, replacement or removal on public or private property as specified elsewhere in this chapter. 15.04.210 VIOLATION ENFORCEMENT–PENALTY (a) Any violation of any provision of this title constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement 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 title shall be guilty of a misdemeanor pursuant BMC 1.12.020 Penalties. SECTION 4. Section 20.14.630 of the Bremerton Municipal Code entitled “Development Standards” is amended by amending Subsection 20.14.630(h) and Subsection 20.14.630(i) to correct a citation and title within the subsections as follows: 20.14.630 DEVELOPMENT STANDARDS. The following standards shall apply to any land or vegetation modification or construction within a geologically hazardous area as classified per BMC 20.14.620 and its buffer as described herein. The Department will approve, approve with conditions or deny the development proposal based on its ability to meet the development standards. The Department will also consider any proposed mitigation measures or buffer reductions included in a geotechnical report per subsection (c) of this section. Stormwater Code Updates 38 (a) Areas of high geologic hazard as classified per BMC 20.14.620(a) shall be subject to the following standards: (1) Building and Impervious Surface Buffer. No construction of any structure or impervious surface is allowed within fifty (50) feet of the top and toe of the slope, unless reductions supportable by a geotechnical report are approved. (2) Native Vegetation Buffer. Native vegetation shall be in place from the toe of the slope to twenty-five (25) feet beyond the top of the slope, unless modifications supportable by a geotechnical report are approved. Native vegetation shall meet the standards of subsection (g) of this section. (b) Areas of moderate geologic hazard as classified per BMC 20.14.620(b) shall be subject to the following standards: (1) Building and Impervious Surface Buffer. No construction of any structure or impervious surface is allowed within twenty-five (25) feet of the top and toe of the slope, unless reductions supportable by a geotechnical report are approved. (2) Native Vegetation Buffer. Native vegetation shall be in place from the toe of the slope to twenty-five (25) feet beyond the top of the slope, unless modifications supportable by a Geotechnical Report are approved. Native vegetation shall meet the standards of subsection (g) of this section. (c) Reductions with Geological or Geotechnical Report. Modifications and/or reductions to the buffers prescribed per subsections (a)(1) and (2) and (b)(1) and (2) of this section may be granted if a geotechnical or geological report demonstrates that modified or reduced buffers, through design and engineering solutions, will provide protection to the proposed development and adjacent properties equal to that of the standard buffer. Such reports are subject to third-party review per BMC 20.14.660(h). Reductions shall utlilizeutilize the mitigation and performance standards listed per BMC 20.14.650 to the greatest possible extent. Requirements for geotechnical and geological reports are outlined in BMC 20.14.660. (d) Buffer Increase. Should the Department determine based on a geological or geotechnical report that greater buffers than required per subsections (a)(1) and (2) and (b)(1) and (2) of this section are necessary to protect the proposed development and adjacent properties, greater buffers may be required. The Department may require an applicant to submit a geotechnical report with any proposal for land alteration that is located within two hundred (200) feet of an area of high or moderate geologic hazard if it determines through site visit, review of available documents, or history of prior events in the area, that the proposal could potentially require increased buffers to ensure safety. (e) Elimination of Danger Trees. Within high or moderate geologic hazard areas, removal of danger trees may be allowed only if such activity is approved by the Department, provided a certified arborist in the State of Washington makes a written determination that the trees proposed for elimination present a legitimate safety hazard. (f) Vegetation Thinning. Within high or moderate geologic hazard areas, minor pruning of vegetation or trees for view enhancement may be allowed only if such activity is approved by the Department. The following are allowable methods and techniques for vegetation thinning, except that mature or old-growth trees shall only be treated per method in subsection (f)(5) of this section: (1) Tree Thinning. The selective removal of branches in the inner crown of the tree, provided no more than twenty-five (25) percent of a tree's leaf-bearing crown is Stormwater Code Updates 39 removed. An even distribution of interior small branches and foliage on remaining limbs shall be maintained to avoid over-thinning. (2) Tree Raising. The removal of the lower branches of a tree in order to provide clearance for passage or vistas. After raising, the height of the pruned portion shall not exceed one-third (1/3) of the total tree height; provided, that removal of branches from the lower portion shall not exceed twenty-five (25) percent of the tree's leaf-bearing crown. (3) Tree Reduction. Reducing the height or spread of a tree for clearance or vistas by selectively removing leaders and terminals of branches. Cuts should be made to lateral branches at unions, whereby the cut branch is at least one-third (1/3) the diameter of the stem at the union. No more than twenty-five (25) percent of a tree's crown mass shall be removed, unless it can be demonstrated that further reduction is necessary for functions such as utility clearance. (4) Tree Topping. Topping shall be used as a last resort when it can be demonstrated that methods in subsections (f)(1) through (3) of this section are not feasible, or when it can be demonstrated by a certified arborist that topping is less harmful to the particular species of tree than other listed methods. Topping is the indiscriminate cutting of branches and laterals to stubs at a specific tree height or spread, often exceeding twenty-five (25) percent of a tree's crown mass. Topping is harmful to a tree and creates unsightly regrowth that requires future trimming at frequent intervals. When tree topping is used in a geologically hazardous area, the root system shall remain in place. (5) Pruning Mature Trees. Mature and old-growth trees are more susceptible to permanent damage or death from pruning. Pruning of mature trees should only be done as a corrective or preventative measure, such as the removal of decayed, rubbing, or crowded branches. (6) Brush Removal. Clearing of noninvasive brush, shrubs, natural grasses and other such vegetation shall be the minimum necessary to maintain vistas, passage and other necessary functions. (g) Native Vegetation. Native vegetation shall be of appropriate plant selection and species to perform slope stabilization and erosion prevention functions. The Department may require vegetation enhancement with appropriate species, and may call for an analysis of the relationship between vegetation and slope stability per BMC 20.14.660(e)(1). Valid scientific resources such as Washington State Department of Ecology documents "Vegetation Management: A Guide For Puget Sound Bluff Property Owners," and "Erosion Control Using Vegetation" should be consulted when vegetation is proposed for slope stabilization and erosion control purposes. (h) Erosion Control. Clearing or grading of any area within a high or moderate geologic hazard area or within two hundred (200) feet of the high or moderate geologic hazard area shall be limited to the period between May 1st to October 1st, unless the applicant provides an erosion and sedimentation control plan prepared by a qualified professional licensed in the State of Washington that specifically and realistically identifies methods of erosion control for wet weather conditions. All land modification proposals shall be consistent with the guidelines set forth in BMC 15.04.042090, Stormwater Systems / Engineering Design and Construction Standards GeneralSystem Development and Construction Standards. The faces of all cut and fill slopes shall be protected to prevent erosion as required by the engineered erosion and sedimentation control plan. (i) Stormwater Runoff. At no time shall concentrated stormwater runoff be allowed to surface flow directly over a moderate or high geologically hazardous area or its buffer on a Stormwater Code Updates 40 subject site or on neighboring properties. To reduce potentially harmful stormwater runoff discharge from impervious surfaces, the Department may approve reductions to required parking standards, provided it can be demonstrated that such reductions would not significantly impact neighboring properties. Stormwater discharge shall meet all standards set forth in BMC 15.04.042090, Stormwater Systems / Engineering Design and Construction Standards GeneralSystem Development and Construction Standards. (j) Significant Development Risk. In cases where a geotechnical report indicates a significant risk to public health, safety and welfare, the Department shall deny or require revision of the site development proposal. (k) Utilities, Trails, and Roads. The following activities are allowable within geologically hazardous areas and buffers, provided it can be demonstrated through a geotechnical report that construction will not significantly increase landslide or erosion risk: (1) Public or private trails approved by the Department per the provisions of this chapter; (2) Public or private utilities; (3) Public roads and related infrastructure. (l) On-Site Sewage Disposal. On-site sewage disposal should be avoided in areas of high geologic hazard and their buffers. In cases where such areas cannot be avoided, review by a geologist or a geotechnical engineer licensed in the State of Washington will be required in coordination with the Kitsap County Health District. (m) Construction for Earthquake Loads. All construction must meet the requirements of the City Building Code as set forth in Chapter 17.04 BMC. SECTION 5. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 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. PASSED by the City Council the___________ day of ____________________, 2013 _________________________________ GREG WHEELER, Council President Approved this ________ day of ________________________, 2013 _________________________________ PATTY LENT, Mayor Stormwater Code Updates 41 ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the________ day of ______________________, 2013 EFFECTIVE the_________day of ______________________, 2013 ORDINANCE NO. ____________ R:\Legal\Legal\Ordinances\Public Works & Utilities\Title 15 Updates 2013\Chapters 15.01 & 15.04 Final.doc AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. 3190 approving Pacific Avenue Head-in Angle Parking Adjacent to the Downtown Post Office Study Session Date: 3/13/13 COUNCIL MEETING Date: 3/20/13 Department: PW&U Presenter: Fridriksson Phone: 473-2354 SUMMARY: The proposed redevelopment of Pacific Avenue will provide multiple benefits, including sustainability through drainage improvements, traffic calming, reduced vehicular speeds, and implementation of pedestrian corridor improvements as identified in the Non-Motorized Transportation Plan adopted by City Council in 2007 and the Downtown Regional Center Sub Area Plan dated December 19, 2007. To improve parking on Pacific Avenue at the Post Office, head-in angle parking is proposed. WAC 308-330 recommends a resolution by Council approving angle parking and authorizing temporary street closures as appropriate. ATTACHMENTS: Resolution No. 3190, Parametrix Parking Memo FISCAL IMPACTS (Include Budgeted Amount): None. Implementation of the head-in angle parking will be included in the scope of the upcoming Pacific Avenue project. STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Resolution No. 3190 to approve head-in angle parking on Pacific Avenue adjacent to the Downtown Post Office frontage. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 DATE: February 7, 2013 FILE: PARKING 0 SCALE IN FEET 20 CAR PARKING LAYOUT PACIFIC AVENUE CITY OF BREMERTON, WA 1 Pacific Avenue RESOLUTION NO. 3190 A RESOLUTION of the City Council of the City of Bremerton, Washington, to modify parking on Pacific Avenue along the Downtown Post Office frontage from parallel to head-in angle parking. WHEREAS, residents have requested, and the City identified a need for additional on-street parking on Pacific Avenue along the Downtown Post Office frontage, and WHEREAS, BMC 10.04.010 adopts the Model Traffic Ordinance as set out in the Washington Administrative Code (WAC) Chapter 308-330, and WHEREAS, in order to permit angle parking on a city street, WAC 308- 330-270(4) recommends a resolution by the City after the City’s Traffic Engineer has conducted an engineering and traffic investigation; and WHEREAS, the City Engineer has conducted an engineering and traffic investigation regarding installing head-in angle parking along the Pacific Avenue frontage; and WHEREAS, changing Pacific Avenue parallel parking spaces to head-in angle parking spaces would significantly increase the amount of on-street parking spaces on Pacific Avenue, and WHEREAS, the City Council finds that modifying Pacific Avenue along the Downtown Post Office frontage to be nose-in angle parking increases available public parking spaces on Pacific Avenue; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Head-in angle parking on Pacific Avenue along the Downtown Post Office frontage shall be created as determined by the City Engineer and consistent with the City Engineer’s engineering and traffic investigation. SECTION 2. The Public Works and Utilities Department may temporarily close any part or all of Pacific Avenue to traffic during construction as deemed necessary. SECTION 3. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. 2 Pacific Avenue SECTION 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this _____ day of __________________, 2013. _________________________________ GREG WHEELER, Council President APPROVED AS TO FORM: ATTEST: __________________________________ ________________________________ ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of 2008 Crafco Supershot 125D crack sealer from Partner Construction Products Study Session Date: March 13, 2013 COUNCIL MEETING Date: March 20, 2013 Department: Public Works & Utilities Presenter: Jim Orton Phone: X5359 SUMMARY: In 2013 the Street Department will begin scheduled street repair and maintenance. The majority of the work that City crews will be undertaking is a crack sealing/Raised Pavement Markers (RPM) replacement program. In order to accomplish this task the Street department will require a crack sealing machine. A request for quotes was sent out for a used machine and two quotes were received (see attached). The Street Department requests authorization to purchase a 2008 Crafco Supershot 125D from Partner Construction Products of Seattle WA in the amount of $27,293.35 including Washington State sale tax. ATTACHMENTS: Bids from Partner Construction and from J&K Associates FISCAL IMPACTS (Include Budgeted Amount): This is not a budgeted item in the 2013 budget. Funding will come from the Street Fund, with a category budget adjustment to follow later this year. This adjustment will not change the aggregate total for the Street Expense Fund. STUDY SESSION AGENDA: ☐ No Discussion ☒ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to authorize the purchase of 2008 Crafco Supershot 125D crack sealer from Partner Construction Products of Seattle WA in the amount of $27,293.35 including WA state sales tax. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. 5206 creating a new parking code Study Session Date: February 27, 2013 & March 13, 2013 COUNCIL MEETING Date: March 20, 2013 Department: City Clerk & Legal Presenter: Shannon Corin & Roger Lubovich Phone: 473-5323 & 473-2345 SUMMARY: The proposed ordinance repeals Chapter 10.10 BMC entitled “Restricted Parking Zones” and Chapter 10.11 BMC entitled “Parking Enforcement”, and adopts a new chapter, Chapter 10.10 of the Bremerton Municipal Code entitled "Parking Code". The proposed ordinance consolidates and updates provisions of the existing codes. In addition, the proposed ordinance amends Chapter 11.10 of the Bremerton Municipal Code relating to decommissioning and recommissioning of driveways and makes other related changes. ATTACHMENTS: Proposed Ordinance No. 5206 FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☐ No Discussion ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5206 creating a new parking code and amending Chapter 11.10 of the Bremerton Municipal Code. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 1 Parking Code - Chapter 10.10 BMC ORDINANCE NO. ________ AN ORDINANCE of the City Council of the City of Bremerton, Washington, repealing Chapter 10.10 BMC of the Bremerton Municipal Code entitled “Restricted Parking Zones” and Chapter 10.11 BMC of the Bremerton Municipal Code entitled “Parking Enforcement”, adopting a new chapter, Chapter 10.10 of the Bremerton Municipal Code entitled "Parking Code", amending Chapter 11.10 of the Bremerton Municipal Code relating to decommissioning and recommissioning of driveways and making other related changes. WHEREAS, the City Council desires to repeal its existing parking code set forth in Chapters 10.10 and 10.11 of the Bremerton Municipal Code and adopt a new parking code relating to parking restrictions for vehicles including recreational vehicles, boats or vessels, or trailers; and WHEREAS, the City Council desires to add language to Chapter 11.10 of the Bremerton Municipal Code currently set forth in Chapter 10.10 of the of the Bremerton Municipal Code relating to decommissioning and recommissioning of driveways; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 10.10 of the Bremerton Municipal Code entitled “Restricted Parking Zones” and Chapter 10.11 of the Bremerton Municipal Code entitled “Parking Enforcement” are hereby repealed in their entirety. SECTION 2. A new chapter, Chapter 10.10 of the Bremerton Municipal Code entitled "Parking Code" is hereby adopted to read as follows: Chapter 10.10 PARKING CODE 10.10.010 DEFINITIONS. For the purpose of this chapter, the words and phrases set forth in this section are defined as follows: “Boat or Vessel” means every description of watercraft used or capable of being used as a means of transportation on the water including marine vehicle (trailered or nontrailered). "Block" means the area comprised of properties along each side of a street between two (2) intersections or an intersection and a road end. “BMC” means Bremerton Municipal Code. “City Parking Facility” means City owned or controlled parking facility, including parking garages and parking lots, whether paid or unpaid parking. 2 Parking Code - Chapter 10.10 BMC "Department" means the Department of Financial Services, unless another department is referenced. "Director" means Director of Financial Services or other department director authorized by the Mayor to enforce this chapter, or their designee, including, but not limited to, parking enforcement officer, unless another director is referenced. “Downtown core” means that area in downtown Bremerton from and including Warren Avenue east to the waterfront and from and including 6th Street south to the waterfront and the Puget Sound Naval Shipyard. “Motor vehicle” means any self-propelled vehicle such as a car, truck, van, motorcycle, or any other similar self-propelled vehicle. “Paid parking zone” means the street, or part thereof, within the City where parking spaces are restricted to paid parking. "Parking generator" means anything that significantly increases commuter parking demand. Examples include, but are not limited to: ferry terminals, schools, hospitals, business districts, and military installations. "Parking permit" means a permit issued by the City that exempts the permit holder, when displayed properly, from the parking restrictions in effect in the permit holder’s restricted parking zone. "Passenger load only zone" means a parking space reserved for passenger loading only. These spaces will be marked with the time restriction applicable to them. "Peak parking hours" means those hours in a day where a particular vicinity experiences the greatest demand for parking. "Permit only zone" means a prescribed area where on-street parking is reserved for the exclusive use of the permit holders in the prescribed vicinity and their visitors holding a permit. “RCW” means Revised Code of Washington. "Recreational vehicle" means a travel trailer, motor home, truck camper, or camping trailer that is primarily designed and used as temporary living quarters, is either self-propelled or mounted on or drawn by another vehicle, is transient and is not immobilized or permanently affixed to a mobile home lot and further includes a dune buggy or off-road vehicle (trailered or nontrailered). "Resident," as used in this chapter, refers to an individual living in a dwelling unit or a business owner operating a business on property owned or leased by the business owner. "Resident vehicle" means a motor vehicle parked in a prescribed residential area by a resident of the area. “Residential area” means a contiguous area containing public rights-of-way or parts thereof primarily abutted by residential property or residential use. "Restricted parking zone" means an area of the City subject to parking restrictions including time limits or other restrictions contained in this chapter including paid parking zones, passenger load only zones and other restricted parking areas or spaces both in residential and nonresidential areas. “Residential restricted parking zone” means a restricted parking zone in a residential area. "Street" means any right-of-way, highway, avenue, lane, road, drive, place, boulevard, alley, way, sidewalk, planting or parking strip, shoulder and every way or place in the City of Bremerton open as a matter of right to public vehicular travel or parking or other similar public use. 3 Parking Code - Chapter 10.10 BMC “Trailer” means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a hitch or other connector, and ordinarily used for transporting items upon public rights-of-way. "Vehicle" means motor vehicle, car, truck, vehicle, van, tractor, bus, trailer (including boat trailer with or without a boat situated thereon), recreational vehicle, tractor or semi-trailer, motorcycle or boat or vessel (trailered or nontrailered), whether licensed or unlicensed, or motorized or nonmotorized, unless otherwise defined. "Visitor vehicle" means a motor vehicle parked by a person who is visiting a resident within a residential restricted parking zone. 10.10.020 PARKING ADMINISTRATION. Collection of parking fees, maintenance of parking meters or other collection devices, and the issuance of parking permits shall be administered by the Department of Financial Services, which shall promulgate procedures to administer permits as authorized in this chapter, including processes for establishing proof of residency; vehicle ownership, use or control; and for the revocation of permits for misuse. Appropriate parking fee schedules, permit fees and related services as well as fines and penalties for violations shall be set by the City Council and are set forth in Chapter 3.01 BMC. Fees may be collected by the use of parking meters, pay boxes or other devices and through the issuance of parking permits authorized by this chapter. The Director shall, in a manner consistent with this chapter, establish, locate and post parking restrictions within the City rights-of-way where required to regulate parking. 10.10.030 NONRESIDENTIAL RESTRICTED PARKING ZONES. The creation, deletion or boundary changes of restricted parking zones as defined in BMC 10.10.010 above in nonresidential areas may be initiated either: (1) By the decision of the Director following a finding by the Director of Public Works & Utilities, or designee, that the change is in the best interest of the community and will improve the health, safety or welfare of the community; or (2) By motion, resolution or ordinance of the City Council as deemed appropriate. 10.10.040 RESIDENTIAL RESTRICTED PARKING ZONES. (a) Creation. The creation, deletion or boundary changes or time change of residential restricted parking zones as defined in BMC 10.10.010 above may be initiated either: (1) By a verified petition of property owners as provided for in Subsection (b) below for either a one (1), two (2), three (3), or four (4) hour parking restriction time period ; or (2) By the decision of the Director following a finding by the Director of Public Works & Utilities, or designee, that the change is in the best interest of the community and will improve the health, safety or welfare of the community; or (3) By motion, resolution or ordinance of the City Council as deemed appropriate. The City Council may, at any time, create a residential restricted parking zone or it may delete or change the boundary of a residential restricted parking zone created pursuant to Subsections (a)(1) and (a)(2) above. (b) Petitions. Property owners in a residential area as defined in BMC 10.10.010 above may seek to create, delete or change the boundary of a residential restricted parking zone or to change a parking restriction time period to a new parking restriction time period that is authorized in subsection (a)(1) above by submitting a verified petition of at least two-thirds (2/3) 4 Parking Code - Chapter 10.10 BMC of the property owners of each parcel of property located within the block indicating support for the change. Upon submittal of a verified petition, the Director of Public Works & Utilities must make a finding that: (1) There is an identifiable parking generator; (2) It appears that seventy-five percent (75%) or more of the parking spaces located on the petitioning block are being used at peak parking hours; (3) The conditions described in subsections (b)(1) and (b)(2) of this subsection exist on at least three (3) contiguous blocks; (4) Whether the proposed parking restriction time period is appropriate; and (5) The parking restriction time period being changed has been in effect for at least one year. (c) Appeal. Appeals relating to the creation, deletion, boundary change or change of a parking restriction time period to a new parking restriction time period of a residential restricted parking zone may be made by a property owner within the designated permit area to the Municipal Court Hearing Examiner pursuant to BMC 10.10.140 below. The right to appeal exists only when such creation, deletion, boundary change or time change was completed under Subsections (a)(1) above by a verified petition or (a)(2) above by a Director’s decision. If such creation, deletion, boundary change or time change is subject to appeal, the City Clerk shall post notice in the particular residential area of the future location and boundaries of the proposed residential restricted parking zone and of the right of the property owner to appeal the designation within seven (7) working days. A timely appeal will stay the action until the Municipal Court Hearing Examiner’s review and decision. The Hearing Examiner shall be authorized to deny the creation, deletion, boundary change or time change if he/she determines that significant errors were made in the process that created a substantial likelihood that the creation, deletion, boundary or time change would have failed had proper procedures been followed or if he/she determines that the creation, deletion or boundary change is not in the best interest of the community. The change shall be enforceable following the expiration of the appeal period or at such time as any appeal filed is denied. Until such time, the parking restriction previously in place, if any, shall continue. (d) Posting. (1) If the creation, deletion, boundary change or time change is subject to appeal under Subsection (c) of this section, the creation, deletion, boundary change or time change shall become effective at such time as notice is posted in the affected area of the location and boundaries of the residential restricted parking zone, and either: (i) The seven (7) working day appeal period has expired without an appeal being filed; or (ii) At such time as a decision of the Hearing Examiner is issued on an appeal filed under subsection (b) of this section. (2) If the creation, deletion, boundary change or time change is not subject to appeal under Subsection (c) of this section, the creation, deletion, boundary change or time change shall become effective upon posting of applicable parking restriction signage in the residential restricted parking zone. (e) Permit Only Zone. Effective April 1, 2013, permit only zones cannot be created nor can their boundaries be changed by petition. Permit only zones in effect on January 1, 2013 are grandfathered and may remain in effect or be deleted by petition. The City Council may, at any time, create, delete or change the boundary of a permit only zone. 5 Parking Code - Chapter 10.10 BMC 10.10.050 PARKING PERMITS. (a) Residential Parking Permits. Residential parking permits may be issued to park in a residential restricted parking zone for motor vehicles not exceeding twenty-two (22) feet in length or having a maximum gross vehicle weight in excess of ten thousand (10,000) pounds only upon application of the following persons: (1) A legal resident of the residential restricted parking zone who has a motor vehicle registered in his or her name, or who has a motor vehicle for his exclusive use and under his control. (2) A person who owns or leases commercial property and actively engages in business activity within a residential restricted parking zone. Permits will be issued for one (1) year terms and be renewed upon expiration conditioned upon meeting the residency requirements for a permit. There shall be a limit of two (2) residential parking permits issued per dwelling unit/business location, unless parking availability allows a greater number not to exceed four (4) permits per dwelling unit as determined by the Director in his or her sole discretion. (b) Visitor Parking Permits. Visitor parking permits are authorized for residents of a residential restricted parking zone for bona fide transient use for visitors to the residence. No dwelling unit or place of business located in a residential restricted parking zone shall be issued more than one (1) visitor permit. It shall be the responsibility of the resident to control the use of the permit. Bona fide transient uses include: visiting guests, babysitters, repair persons and other similar visitors. The following is prohibited: (1) Parking in excess of seven (7) days within any thirty (30) day period unless approved administratively prior to such use; or (2) Parking more than one (1) block from the permitted residence, or (3) Use of visitor permits by residents for the residents vehicles. Visitor permits shall only be used for visitor vehicles. (c) Service Parking Permits. Service parking permits may be issued, on a short term temporary basis, for parking of vehicles on a street for a period of time exceeding a parking restriction time period established in Section 10.10.030 and Section 10.10.040(a) above when necessary. Service parking permits may be issued to landlords or their contractors for building improvements, individuals working in a home service industry (home health care, etc.), or for other short term use for the providing of services to a residence or to a business in a residential restricted parking zone or a nonresidential restricted parking zone. Service parking permits, and any extensions thereto, shall be issued for a period not to exceed thirty (30) days unless the Director determines that a longer period is warranted. The City may require proof of ongoing continuous work and of a City business or landlord license, as applicable, as a condition to maintaining or extending a valid permit. (d) Display. Parking permits shall state thereon the particular restricted parking zone, the license number of the motor vehicle for which it is issued and the expiration date. Permits shall be displayed so as to be clearly visible through the rear window of the vehicle on the left side thereof or the front windshield on the left side when necessary. A parking permit shall not guarantee or reserve to the holder thereof an on-street parking space within the designated residential parking area. (e) The Director may establish policies for the issuance of parking permits. Parking permits may be issued throughout different times of the year based on zones or other criteria. (f) Permits issued pursuant to this section are not subject to the parking restriction time periods such as one (1), two (2), three (3), or four (4) hour parking set forth in Section 6 Parking Code - Chapter 10.10 BMC 10.10.030 and Section 10.10.040(a) above, however, they are subject to the five (5) day parking restriction set forth in Section 10.10.070(b)(1) below unless otherwise permitted with a temporary parking permit pursuant to Section 10.10.070(b)(4) below. 10.10.060 PARKING FOR DISABLED PERSONS. (a) As authorized pursuant to RCW 46.61.582, a person who has received a current and valid special disabled person’s card, decal or license plate from the Washington State Department of Licensing under RCW 46.19.050 shall be allowed to park a vehicle being used to transport such person in parking meter spaces free of charge and in nonmetered spaces for unlimited periods of time in parking zones or areas which are otherwise restricted as to the length of time parking is permitted except as otherwise provided in subsection (b) of this section. This section shall have no application to those zones or areas in which the stopping, parking or standing of all vehicles is prohibited or which are reserved for special types of vehicles. Such person shall not be permitted the foregoing privilege unless the person obtains and displays a distinguishing card, decal, or license plate issued pursuant to RCW 46.19.050. (b) No person shall stop, stand or park a vehicle in a parking space reserved for disabled persons provided on street or on private property without charge without obtaining and displaying a special license plate, card, or decal issued pursuant to RCW 46.19.050; provided, pursuant to RCW 46.19.050, a time limitation of four (4) hours is imposed on the use of such parking spaces for on-street parking when so signed and a time restriction of four (4) hours is imposed on the use of nonreserved, on-street parking spaces by vehicles displaying the special parking placards when such time restriction is clearly posted. (c) A parking space or stall for a disabled person shall be identified as described in RCW 46.61.581, including fine, time limitation (if applicable), and tow-away information. Notwithstanding any provision in this chapter, in accordance with RCW 46.61.581, failure of the person owning or controlling the property where required parking spaces are located to erect and maintain the sign is a Class 2 civil infraction under Chapter 7.80 RCW for each parking space that should be so designated. The person owning or controlling the property where the required parking spaces are located shall ensure that the parking spaces are not blocked or made inaccessible, and failure to do so is a Class 2 civil infraction. (d) No person shall make inaccessible the access aisle located next to a space reserved for physically disabled persons. (e) Special Plate, Card or Decal Issued by another Jurisdiction. RCW 46.61.583 is hereby adopted by reference. 10.10.070 PARKING VIOLATIONS. In addition to those statutes set forth in the Washington Model Traffic Ordinance as adopted pursuant to Chapter 10.04 BMC restricting standing, stopping and parking of vehicles, it shall be unlawful and punishable as a civil infraction for any person to commit any of the following actions: (a) Parking in Time Limit - and No Repark Zones. (1) Downtown Core. Where a time limit and no reparking is established by official signs, no vehicle may be reparked on either side of the same named street (i.e., Pacific Avenue or 5th Street) in the downtown core during the same calendar day after the expiration of the posted time limit. For purposes of this section, a vehicle shall be deemed to be reparked and in violation of this section even if the vehicle is moved prior to the expiration of the posted time limit and is reparked on either side of the same named street. 7 Parking Code - Chapter 10.10 BMC (2) Residential. Where posted, it is unlawful for a vehicle to remain parked, or to be reparked within four (4) blocks of the original parking location within a restricted parking zone, if the parking time or combined parking time for the vehicle exceeds the time limitations of the parking zone. Vehicles issued permits under Chapter 10.10 BMC shall be exempt from posted time limits according to the terms of the permit, however, they will not be exempt from the time restrictions set forth in Subsections (b)(1), (b)(2) and (b)(3) below. (b) Parking or Storage of Vehicles within Street. Except when otherwise provided by Subsection (b)(4) below, the parking or storage of vehicles within any street shall be subject to the following parking restrictions in addition to other parking restrictions set forth in this chapter: (1) Time Restriction – No Repark. The parking or storage of any vehicle in the same parking location on a street in excess of five (5) consecutive calendar days without movement shall be unlawful. If any time after the initial five (5) consecutive calendar day period the vehicle is still parked in the same location on the street in violation of the five (5) day parking restriction and is then reparked on the street within the same block for any period of time up to twenty four (24) hours, it shall be considered to be parked in the same location within the street and therefore still in violation of the five (5) day parking restriction. (2) Recreational Vehicles, Boats or Vessels, and Trailers – Additional Restrictions. No person shall park any recreational vehicle, boat or vessel, or trailer, as defined in Section 10.10.010, above on any street for longer than twenty-four (24) hours, unless such activity is authorized pursuant to a temporary permit pursuant to subsection (b)(4) below. (3) Oversized Vehicles – Additional Restrictions. The City Council finds that the parking and storage of commercial trucks, vans, tractor trailers, and semi-trailers, or combination thereof, exceeding twenty-two (22) feet in length (including any attached trailer) or with a maximum gross vehicle weight exceeding ten thousand (10,000) pounds presents unacceptable risks and hazards to public health, safety, and welfare when such vehicles are parked or stored on any street at times when such vehicles are not engaged in business or commercial activity. Accordingly, no commercial truck, vehicle, van, trailer, or semi-trailer, or combination thereof exceeding twenty-two (22) feet in length (including any attached trailer) or with a maximum gross vehicle weight exceeding ten thousand (10,000) pounds, whether licensed or unlicensed, may be stored or parked upon any street for longer than twenty-four (24) hours, unless such activity is authorized pursuant to a temporary permit pursuant to Subsection (b)(4) below. (4) Temporary Parking Permits - Exception to Time Restrictions. A vehicle may park on a street for a period of time that exceeds the time restrictions set forth in this section, Section 10.10.070, as well as any parking restriction time period established in Section 10.10.030 and Section 10.10.040(a) above if it has been specifically permitted, on a temporary short term limited basis and for the period of time permitted. Such a permit may be issued; (i) to a resident when necessary such as when the resident will be out of town or some other similar short term use, (ii) with a public works right-of-way permit or other similar City or State authorization for construction or other related public purpose, or (iii) when otherwise authorized by the Director for good reason. (c) Unauthorized Disabled Parking. It is a traffic infraction for any person to park a vehicle in a public place provided on private property without charge or on public property reserved for physically disabled persons without a placard or special license plate as provided for in BMC 10.10.060 above and RCW 46.19.050. If a person is charged with a violation, the person shall not be determined to have committed an infraction if the person produces in court or before 8 Parking Code - Chapter 10.10 BMC the court appearance the placard or special license plate required under this section. Additionally, it is a traffic infraction pursuant to subsection (a) of this section for any vehicle displaying the placard or special license plate as provided for in BMC 10.10.060 above and RCW 46.19.050 to violate any time restrictions imposed on nonmetered, on-street parking places reserved for persons with physical disabilities as well as nonreserved, on-street parking spaces. (d) Parking on City Property. A motor vehicle parking or standing on property owned, leased, or operated by the City is subject to the following restrictions: (1) Only motor vehicles belonging to persons who work for the City, who are transacting business with the City or who otherwise have specific permission from the City, may be parked upon such property; and (2) Where pavement markings or signs designate parking stalls on such property, all motor vehicles must be parked within such stalls and not elsewhere on such property, unless otherwise authorized by the City; and (3) Where a parking stall or stalls is designated by pavement markings or signage, any motor vehicle parked in these stalls must be parked within the designated limits of the parking space as indicated. (e) Parking against Traffic. Except when otherwise provided by City code, ordinance or resolution, it shall be unlawful for any vehicle to stop or park on a street unless: (1) Stopped or parked parallel (or at an angle when authorized) to the traveled portion of the street; (2) In the direction of authorized traffic movement of the street immediately adjacent thereto; and (3) Within twelve (12) inches of the curb or as close as practicable to the edge of the shoulder. In the event of a conflict between the provisions of this Subsection (m) and RCW 46.61.575 adopted as part of the Washington Model Traffic Ordinance pursuant to Chapter 10.04 BMC, the provisions of this subsection shall apply. (f) Expired Registration. It is unlawful to park any vehicle on a street or on public property without valid, current vehicle license plates or registration tab displayed according to law. (g) Inoperable Motor Vehicle. It is unlawful to park or store an inoperable motor vehicle on a street or on public property. For purposes of this subsection, an "inoperable motor vehicle" is defined as a motor vehicle which is: (1) by any reason of dismantling, disrepair, or other cause is incapable of being propelled under its own power; (2) unsafe for operation on the streets and highways of this State due to inability to comply with the Washington Model Traffic Ordinance as adopted pursuant to Chapter 10.04 BMC; or (3) damaged to such extent as to render it illegal for operation on any street, including but not limited to any of the following: broken head or taillights, broken or missing mirrors, cracked or missing window or windshield, deflated tires, missing seats or steering wheel or other general conditions that would render a vehicle incapable of being driven on a public highway. (h) Junk and Abandoned Vehicles. Enforcement of junk and abandoned vehicles may be pursuant to Chapter 46.55 RCW adopted as part of the Washington Model Traffic Ordinance pursuant to Chapter 10.04 BMC. 9 Parking Code - Chapter 10.10 BMC (i) Counterfeit Permits. It is unlawful for any person to copy, reproduce, or otherwise counterfeit a parking permit or to possess any counterfeit copy or facsimile of a City parking permit. (j) Unauthorized Use of Permit. It is unlawful for any person issued a parking permit by the City to: (1) Lend, sell or assign said permit to another; (2) Display any permit issued to another; or (3) Display any permit issued when the recipient of the permit is no longer eligible pursuant to Chapter 10.10 BMC. (k) Tampering with Parking Meters or Collection Devices. No person shall deface, injure, tamper with, open, or willfully break, destroy, or impair the usefulness of any parking meter or collection device. (l) Unlawful Parking in City Lot. In addition to other enforcement remedies, it is unlawful to park any vehicle on a City-owned parking lot or structure without paying the posted fee or parking in excess of posted time limits or in violation of use restrictions. (m) Obliterating Tire Markings. It is unlawful to conceal, obliterate, or erase markings on vehicle tires made by a parking enforcement officer for the purpose of recording parking time. (n) False Application. It is unlawful for any person to intentionally provide false or misleading information on any application for a parking permit. (o) Failure to Surrender Permit. The Director is authorized to revoke the residential parking permit of any person found to be in violation of its intended use. Upon written notification of permit revocation by the Director, it shall be unlawful for any person to fail to surrender a parking permit as directed. (p) Parking Fee – Nonpayment. It is unlawful to park a vehicle in any parking space monitored by a parking fee collection device, including parking meters, without payment as indicated on the collection device. (q) Parking Fee – Time Permitted. It is unlawful to park a vehicle in any parking space monitored by a collection device, including parking meters, for a consecutive period of time longer than that limited period of time for which parking is lawfully permitted in the time zone, irrespective of the amount of money deposited in such collection device. (r) Habitation in Vehicles. No person shall park and/or occupy any vehicle on any street for the purpose of habitation in such vehicle. For purpose of this section, habitation means to camp, live or occupy within such vehicle for residential purposes. 10.10.080 ENFORCEMENT PROCEDURES. (a) Enforcement Officer. The parking regulations set forth in this chapter and the Washington Model Traffic Ordinance as adopted pursuant to Chapter 10.04 BMC shall be enforced by the; (1) City’s police officers and other law enforcement officers, and/or (2) City’s parking enforcement officers, as applicable. The City’s parking enforcement officers include parking enforcement officers with limited commission as set forth in subsection (d) below and those City officials authorized by the Director of Financial Services or by the Director of Public Works & Utilities to enforce provisions of this chapter. (b) Notice of Infraction. If any vehicle is found parked, standing, or stopped in violation of this chapter, or otherwise violates the provisions of this chapter, the enforcement officer finding the vehicle shall take its license number and may take any other information 10 Parking Code - Chapter 10.10 BMC displayed on the vehicle which may identify its user and shall conspicuously affix to the vehicle a notice of parking infraction. A notice of parking infraction represents a determination that a parking infraction has been committed. (c) Registered Owner – Responsible for Violation. In any parking violation case involving an infraction relating to the stopping, standing, or parking of a vehicle, the registered owner of the vehicle shall be responsible for the violation unless the registered owner can provide proof that the vehicle was sold or stolen or other similar event in which the registered owner had no direct or indirect control of the vehicle. (d) Limited Commission Officers. The City’s Police Department is authorized to appoint parking enforcement officers with a limited commission to issue notices of infractions for violations of the City’s parking regulations. 10.10.090 FINES AND PENALTIES. Unless specifically set forth elsewhere in this chapter, the fines and penalties for parking violations of the provisions of this chapter and provisions of the Washington Model Traffic Ordinance as adopted pursuant Chapter 10.04 BMC, defined as an infraction, shall be pursuant to Chapter 3.01 BMC and Chapter 10.04 BMC. 10.10.100 FAILURE TO RESPOND – ADDITIONAL PENALTY. Any person who has been issued a notice of infraction relating to parking pursuant to BMC 10.10.080(b) above and who fails to respond as provided in RCW 46.63.110, as adopted by the Washington Model Traffic Ordinance pursuant to Chapter 10.04 BMC pursuant to Chapter 10.04 BMC, shall pay an additional penalty of twenty-five dollars ($25.00), regardless of the disposition of the notice of infraction. This enhanced penalty shall be in addition to a misdemeanor citation which may be issued for failure to respond to a notice of infraction. 10.10.110 VEHICLE IMPOUND – OTHER ENFORCEMENT. Any vehicle parked and/or used in violation of this chapter, Chapter 10.10 BMC, or any regulation or restriction established thereunder, or any other applicable provision of the Bremerton City Code or of any ordinance, is an unauthorized vehicle declared to be a nuisance which may be summarily abated by the impounding and removal of the vehicle as follows: (a) Impound with Notice. As authorized pursuant to RCW 46.55.080(1), an unauthorized vehicle left within a street may be impounded under the direction of a police officer or parking enforcement officer after notice of such proposed impoundment has been securely attached to and conspicuously displayed on the vehicle for a period of twenty-four (24) hours prior to such impoundment pursuant to RCW 46.55.085 under the following circumstances: (1) Violations of Parking Code. When such vehicle is parked and/or used in violation of the provisions of this chapter or any other law, ordinance or regulation; or (2) Chronic Nuisance. A vehicle is hereby declared to be a chronic nuisance and subject to impound as provided herein when: (i) Outstanding Infractions. When a vehicle is parked on any street or City parking facility within the City and there are three (3) or more outstanding parking infractions issued against the vehicle for each of which a person has failed to respond, failed to appear at a requested hearing, or failed to pay a parking infraction for at least 45 days from the date of the filing of the notice of infraction. (ii) Multiple Infractions. When a vehicle is parked on any street within the downtown core as defined in BMC 10.10.010 above and said vehicle has been issued six (6) or more parking infractions while parked on any street within the City, whether paid or 11 Parking Code - Chapter 10.10 BMC unpaid, within the preceding ninety (90) days. Furthermore, such vehicle may not park on any street within the downtown core for a period of ninety (90) days from the date of issuance of the notice of impoundment. (b) Impound without Notice. As authorized pursuant to RCW 46.55.080(1), a vehicle may be impounded under the direction of a police officer or parking enforcement officer, with or without citation and without giving prior notice to its owner as required in Subsection (a) above hereof, only under the following circumstances: (1) Public Safety. When a vehicle is unattended upon a street where the vehicle constitutes an obstruction to traffic or jeopardizes public safety as defined in RCW 46.55.113; or (2) City Parking Facility. When an unauthorized vehicle is parked in a City owned or controlled parking facility which is properly posted with parking restrictions pursuant to RCW 46.55.070. (c) Other Impoundment. In addition to the impound provisions set forth in Subsections (a) and (b) above and those penalties established pursuant to this chapter, a vehicle in violation of any of the parking regulations established herein may be impounded by a registered tow truck operator at the direction of a police officer pursuant to those requirements established in WAC 308-330-406 and other related sections of the Washington Model Traffic Ordinance as adopted pursuant to Chapter 10.04 BMC. (See RCW 46.55.113) (d) Immobilization of vehicle. In lieu of impoundment, a vehicle may be immobilized with a restraining device (ie. boot). A vehicle that has been immobilized for forty- eight (48) or more hours may be impounded, unless the vehicle needs to be towed sooner for public safety reasons as set forth is subsection (b)(1) above as determined by the police officer or parking enforcement officer. 10.10.120 COSTS OF IMPOUND. (a) The registered owner shall be responsible for all towing and storage costs relating to impounds of a nuisance vehicle. If the vehicle is immobilized pursuant to this chapter, the Police Department shall affix to said vehicle a notice setting forth procedures for release and directing, that in addition to the payment of fines or posting bail, the owner shall pay an administrative immobilization fee of one hundred dollars ($100.00) before the vehicle may be released. (b) If impounded or immobilized, the vehicle shall not be released until the Police Department, or its designee, parking enforcement officer or towing company, as applicable, receives a receipt or other notice from the court showing that all infractions and crimes relating to standing, stopping or parking the vehicle have been paid or otherwise resolved unless such release is otherwise approved by the Police Department, or its designee or parking enforcement officer for good reason. 10.10.130 ENFORCEMENT - EXEMPT PERIODS. Time restrictions on parking, as set forth in this chapter, shall not be effective on City holidays identified in BMC 1.02.020 or such additional days specifically exempted by Council resolution, except that enforcement in residential restricted parking zones shall be at the times posted. 10.10.140 APPEAL. Appeals relating to the creation, deletion, boundary change or time change of a restricted parking zone pursuant to BMC 10.10.040(c) above and appeals of traffic parking infractions and 12 Parking Code - Chapter 10.10 BMC impoundments pursuant to this Chapter shall be filed with and heard by the Municipal Court Hearing Examiner pursuant to BMC 2.62.045. Failure to appear at the scheduled hearing will be deemed a waiver of any rights to contest the declaration. SECTION 3. Chapter 11.10 of the Bremerton Municipal Code end “Sidewalks – Duties of Abutting Property Owners” is hereby amended to add a new section relating to decommissioning and recommissioning of driveways as follows. Chapter 11.10 SIDEWALKS - DUTIES OF ABUTTING PROPERTY OWNERS 11.10.010 MAINTENANCE OF HAZARDOUS CONDITIONS PROHIBITED. (a) It shall be the duty of persons occupying property abutting on public sidewalks to keep those sidewalks free of snow, ice, obstruction or other objectionable thing. It shall be the duty of the owner and/or any person, firm, or corporation occupying or having charge or control of any premises abutting upon any public street, right-of-way, or alley, or beneath such public sidewalk area in the City to construct, place, cause, create, maintain, or permit to remain upon any sidewalk part of said right-of-way located between the curbline, or if there is no curbline, then between the adjacent edge of the traveled portion of such right-of-way and the abutting property line, any condition, structure, or object dangerous or hazardous to the use of said right- of-waysidewalk by the members of the general public including, but not limited to, the following conditions: (1) Defective sidewalk surfaces including, but not limited to, broken or cracked cement, stub-toes, depressions within or between sidewalk joints; (2) Defective cement surfaces placed adjacent to the public sidewalk or defects at the juncture between said cement surfaces and said public sidewalks, including stub- toes or depressions at said junction; (3) Defects in sidewalks or public ways caused or contributed to by the roots of trees or similar growth or vegetation located either on private adjoining property or on the parking strip portion of any such street right-of-way; (4) Defective conditions caused by tree limbs, foliage, brush or grass on or extending over such public sidewalks or rights-of-way; (5) Defective conditions on the planting strip, unless posted for parking; (6) Defects resulting from accumulation of ice and snow on public sidewalks or on the right-of-way between the curbline or, if there is no curbline, then between the adjacent edge of the traveled portion of the street roadway and the abutting property line; (7) Defects consisting of foreign matter on the public sidewalks including, but not limited to, gravel, oil, grease, or any other foreign subject matter that cause pedestrians using said sidewalk to fall, stumble or slip by reason of the existence of such foreign matter; (8) Defective handrails or fences or other similar structures within or immediately adjacent to said right-of-way. (b) The term "person occupying property" shall mean owners, tenants, subtenants and licensees who occupy or are end to occupy and make general use of property. (1) In the case of apartment houses, rooming houses, courts, and similar buildings, the term "person occupying property" shall mean that person or persons owning or in control and management of the building on the property. 13 Parking Code - Chapter 10.10 BMC (2) In the case of office buildings, duplexes and other property occupied by more than one (1) person, firm or family and not included in subsection (b)(1) of this section the term "person occupying property" shall mean each of the owners or occupants of such building whose premises are on the sidewalk level and they shall be responsible for so much of the sidewalk as is adjacent to their premises. (c) For purposes of this section, the term "sidewalk" shall mean part of any right-of- way located between the curbline, or if there is no curbline, then between the adjacent edge of the traveled portion of such right-of-way and the abutting property line. (d) Construction or reconstruction of a sidewalk by the abutting property owner may be required when necessary for public safety and convenience pursuant to Chapter 35.69 RCW. 11.10.020 DUTY TO MAINTAIN, CLEAN AND REPAIR SIDEWALK. Whenever any public right-of-way in the City has been improved by the construction of a sidewalk along either side thereof, the duty and expense of the maintenance, cleaning, repair and renewal of said sidewalk, including the erection or maintenance of suitable barriers along the outer margin of said sidewalk where the same is elevated more than two (2) feet above the abutting property, shall be upon the owner of the directly abutting property. All such repairs shall be made after application for and issuance of a proper building permit therefor, as required by law, and all of such work to be duly inspected and approved by the city engineer or designee. 11.10.030 SIDEWALK RELOCATION. Any person, firm or corporation desiring to change or relocate any sidewalk in front of and abutting its property shall make application in writing to the engineering department of the city, and such application shall contain, among others, the exact location of such proposed change or relocation, the location of any new sidewalk to be laid and the connections and locations of other sidewalks upon such street; no change or relocation of any sidewalk shall be made until the issuance of an appropriate permit therefor. 11.10.040 DRIVEWAYS - DECOMMISSIONING AND RECOMMISSIONING. The provisions of this section authorize the decommissioning of driveways not formally abandoned pursuant to City right-of-way standards in order to allow street parking on parts of streets fronting the decommissioned driveways and further provide for the recommissioning of said driveways when appropriate. (a) Decommissioning of Driveways. The owner of the property upon which a driveway is located may apply for a decommissioning of the driveway by the filing of a written request on a form and with the information required by the Department and by the payment of the required fee set forth in Rate Table G of the City of Bremerton’s rate and fee schedule. Upon meeting these conditions and a determination of the Director that the driveway is no longer required and that the area of the street fronting the driveway may be used for street parking, the City will post the area of the street fronting the decommissioned driveway as authorized for street parking. (b) Recommissioning of Driveways. The owner of the property upon which a decommissioned driveway is located may apply for a recommissioning of the driveway. The request shall be made by the filing of a written request on a form and with the information required by the Department and by the payment of the required fee set forth in Rate Table G of the City of Bremerton’s rate and fee schedule. Upon meeting these conditions and a determination of the Director that the driveway may be recommissioned, the City will remove 14 Parking Code - Chapter 10.10 BMC the street signs which authorized parking on the area of the street fronting the decommissioned driveway. (c) The City may, at any time, remove the street signs which authorized parking on the area of the street fronting the decommissioned driveway and prohibit such parking due to public safety or other related reasons. 11.10.040050 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 BMC 1.12.020(2). Each day, or a portion thereof, during which a violation occurs shall constitute a separate violation. SECTION 4. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 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. PASSED by the City Council the___________ day of ____________________, 2013 _________________________________ GREG WHEELER, Council President Approved this ________ day of ________________________, 2013 _________________________________ PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the________ day of ______________________, 2013 EFFECTIVE the_________day of ______________________, 2013 ORDINANCE NO. ____________ R:\Legal\Legal\Ordinances\Finance\Parking\Parking Code BMC 10.10 - 2013 - Final.doc AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. 3188 amending and reestablishing fees, fines and penalties regarding parking and related matters Study Session Date: February 27, 2013 & March 13, 2013 COUNCIL MEETING Date: March 20, 2013 Department: City Clerk Presenter: Shannon Corin Phone: 360-473-5323 SUMMARY: A review of the current fines and penalties for parking infractions was done by the Municipal Court, City Clerk, Legal and Impark. Administration proposes the changes to simplify the parking fine structure and be comparable to other jurisdictions. ATTACHMENTS: Resolution No. 3188 FISCAL IMPACTS (Include Budgeted Amount): An estimated $8,000 increase to the Parking Fund revenue for 2013 STUDY SESSION AGENDA: ☒ No Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No. 3188 amending and reestablishing fees, fines and penalties regarding parking and related matters. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/25/13 1 2013 Rates and Fees - Table B RESOLUTION NO. ________ A RESOLUTION of the City Council of the City of Bremerton, Washington, amending and reestablishing fees, fines and penalties regarding parking and related matters. WHEREAS, the City Council desires to amend and reestablish the fees, fines and penalties regarding to parking and related matters set forth in the Municipal Court - Rate Table B as established by Resolution No. 3168; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Rate Table amended. Fees, fines and penalties set forth in Municipal Court - Rate Table B as established by Resolution No. 3168 are hereby amended and reestablished herein by this Resolution as set forth in Exhibit A, attached hereto and incorporated herein by reference. SECTION 2. Effective Date of Sections 1. The amendment and restatement of fees, fines and penalties set forth in Section 1 above shall be effective _________, 2013. SECTION 3. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this _____ day of __________________, 2013. _________________________________ GREG WHEELER, Council President APPROVED AS TO FORM: ATTEST: __________________________________ ________________________________ ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk R:\Legal\Legal\Resolutions\Finance\2013 Rates and Fees Tables\2013 Resolution amending Rate Table B.doc 2 2013 Rates and Fees - Table B MUNICIPAL COURT – RATE TABLE B All Rates Listed Are "Not To Exceed" Fees B. Municipal Court RATE 1. HEARING EXAMINER APPEAL $65 2. PARKING PENALTIES Overtime or Reparking or Non-Payment in Collection Devices: 1st Violation in 30 Days $25 2nd Violation in 30 Days $3250 3rd Violation in 30 Days $56100 Non-Payment in Collection Devices $25 Loading Zones $1725 No Parking $45 Wrong Way $45 Parked on Sidewalk $5645 Fire Hydrant $45 12" From Curb $1025 Physically Disabled (Public and Private) $250450 Counterfeiting or User of Counterfeit Permits, Tokens or Script $500 Unauthorized Use of Permits $150250 All Other Infractions Not Specified Above $27 Replacement of parking permit $10.00 Blocked Driveway $45.00 Expired Tabs $45.00 30 Foot to Stop Sign $45.00 Double Parked $45.00 No Stopping/No Standing $45.00 3 2013 Rates and Fees - Table B Failure to Respond – Additional Penalty $25 Parking Capacity Survey $250.00 All parking infractions set forth in Chapter 10.10 BMC not identified above $27.0030 3. PARKING FEES Residential Parking Permits – Each additional permit issued in excess of two permits per dwelling unit $100 Petition for Creation of Residential Restricted Parking Zone $100 Administrative Immobilization Fee (i.e. boot) $100 34. TRAFFIC PENALTIES Inattentive Driving $124.00