HomeMy WebLinkAbout01 bremerton0503_supp1SUPPLEMENT DIRECTIONS
BREMERTON MUNICIPAL CODE
Supplement No. 1 – May 2003
New, reprinted pages included with this supplement are listed by title and page number in the
right-hand column below. The left-hand column lists obsolete material which should be removed
from the code. Follow the instruction columns in sequence: remove and replace pages as necessary.
When completed, insert these directions in a convenient place near the front of the code book. For
future reference, the person making these changes may also date and initial this page.
This supplement includes all legislation passed up to and including Ordinance 4851, passed April
9, 2003.
Remove these pages Insert these pages
— ............................................................... Title Page
— .................................................... Publisher’s Note
Title 5
Table of Contents .......................... Table of Contents
5.50-1 – 5.50-4 ....................................................... —
Title 6
6.32-3 – 6.32-4 .................................. 6.32-3 – 6.32-4
Title 9
9.88-1 ............................................................... 9.88-1
Title 9A
Table of Contents .......................... Table of Contents
9A.04-1 – 9A.52-1 ...................... 9A.04-1 – 9A.52-1
Title 18
Table of Contents .......................... Table of Contents
— .................................................. 18.06-1 – 18.06-4
Title 21
21.22-17 – 21.22-18 .................. 21.22-17 – 21.22-18
Tables
— ............................................................................. 1
Please call Code Publishing Company (206-527-6831) should questions
arise while removing and replacing supplement pages.
(Revised 5/03)
Updated by: _______
Dated: ____________
BREMERTON
MUNICIPAL CODE
A Codification of the General Ordinances
of the City of Bremerton, Washington
Updated since 2003 by
CODE PUBLISHING COMPANY
Seattle, Washington
PUBLISHER’S NOTE
The Bremerton Municipal Code, originally maintained by the city, is being supplemented by
Code Publishing Company, starting with Ord. 4848.
Citation to the Bremerton Municipal Code: This code should be cited as BMC; i.e., “see BMC
3.08.010”. A BMC title should be cited BMC Title 3. A BMC chapter should be cited Chapter 3.08
BMC. A BMC section should be cited BMC 3.08.010. Through references should be made as BMC
3.08.010 through 3.08.040. Series of sections should be cited as BMC 3.08.010, 3.08.020, and
3.08.030.
Numbering system: The number of each section of this code consists of three parts, in sequence
as follows: Number of title; number of chapter within the title; number of section within the chapter.
Thus BMC 3.08.020 is Title 3, chapter 8, section 20. The section part of the number (.020) initially
consists of three digits. This provides a facility for numbering new sections to be inserted between
existing sections already consecutively numbered. In most chapters of the BMC, sections have been
numbered by tens (.010, .020, .030, .040, etc.), leaving nine vacant numbers between original sections
so that for a time new sections may be inserted without extension of the section number beyond three
digits.
Legislation: The legislative source of most sections is enclosed in parentheses at the end of the
section. References to ordinances are abbreviated; thus “(Ord. 92-22 § 1, 1992; Ord. 84-19 § 2,
1984)” refers to section 1 of Ordinance No. 92-22 and section 2 of Ordinance No. 84-19. “Formerly”
followed by a BMC citation preserves the record of original codification. A semicolon between ordi-
nance citations indicates an amendment of the earlier section.
Errors or omissions: Although considerable care has been used in the production of this code, it
is inevitable in so large a work that there will be errors. As users of this code detect such errors, it is
requested that a note citing the section involved and the nature of the error be mailed to: Code Pub-
lishing Company, P.O. Box 51164, Seattle, WA 98115-1164, so that correction may be made in a
subsequent update.
Computer access: The code is available in the following computer formats: ASCII text, Folio
infobase or HTML.
Direction page: The supplement “directions” page, which should be retained at the front of the
book, indicates the ordinance (and passage date thereof) of the last ordinance included with each
supplement.
CODE PUBLISHING COMPANY
Seattle, Washington
(206) 527-6831
(Revised 5/03)
Title 5
BUSINESS LICENSES AND REGULATIONS
Chapters:
5.02 GENERAL BUSINESS LICENSES
5.03 GENERAL PROVISIONS FOR REGULATORY LICENSES
5.04 COMMERCIAL PET FACILITIES, GROOMING PARLORS AND ANIMAL WELFARE
FACILITIES
5.10 PAWNBROKERS AND SECONDHAND DEALERS
5.12 CLOSING OUT, REMOVAL AND DISTRESS MERCHANDISE SALES
5.16 TEMPORARY MERCHANTS, PEDDLERS AND MOBILE FOOD VENDORS
5.17 CHARITABLE SOLICITATION
5.20 STREET/SIDEWALK VENDORS
5.22 PUBLIC DANCES
5.25 CHRISTMAS TREE LOTS
5.30 FARMERS MARKET VENDORS
5.36 SPECIAL EVENTS
5.38 THEATERS
5.42 HOTELS/MOTELS
5.46 LIQUOR ESTABLISHMENTS
5.48 SALE AND DISTRIBUTION OF MALT LIQUOR
5.54 TAXICABS
5.60 UTILITIES
5.76 ADVERTISING MATTER
5.80 AMUSEMENT DEVICES
5.84 SOUND EQUIPMENT
5.88 BURGLAR ALARMS
5.96 EROTIC DANCE STUDIOS
5.98 SHUTTLE BUS AND LIMOUSINE SERVICES
5.99 VIOLATION - PENALTY
6.32-3 (Revised 5/03)
boundary shall be that permitted into a receiving property
wholly within the lowest intensity district in which the
sound is measured. (Ord. 4226 §4, 1989; Ord. 3722 §7,
1982)
6.32.060 POSITION OF ADMINISTRATOR
ESTABLISHED.
(a) Establishment. The position of administrator is
hereby established, and shall be the mayor, or his or her
designee. The administrator is authorized and directed to
administer and enforce the provisions of this chapter.
(b) Qualifications of Administrator. The
administrator shall be a person having a working
knowledge of acoustics and competent in the field of noise
control. The administrator shall have completed
instructional guidance provided by the State Department
of Ecology or other recognized institution to operate Type
I and Type II sound-level meters, and make all
computations and calculations necessary to enforce this
chapter.
(c) Duties of Administrator. The duties of the
administrator shall include, but are not limited to:
(1) Obtaining assistance from other appropriate
city departments and officials;
(2) Training law enforcement officers and staff;
(3) Purchasing measuring instruments and
training inspectors in their calibration and use;
(4) Establishing a noise-control field
procedures manual providing techniques and procedures
for measuring or reducing noise to provide for
clarification, interpretation and implementation of this
chapter;
(5) Investigating citizens’ noise complaint;
(6) Issuing orders for the reduction or
elimination of noise;
(7) Assisting citizens and city departments in
evaluating and reducing the noise impact of their
activities;
(8) Assisting city planning officials in
evaluating the noise component in planning and zoning
actions;
(9) Instituting a public education program on
noise; and
(10) Reviewing at least every three years the
provisions of this chapter and recommending revisions
consistent with technology to reduce noise. (Ord. 4288 §1,
1990; Ord. 4226 §4, 1989; Ord. 3722 §6, 1982)
6.32.070 VARIANCE PROCEDURE.
(a) A person who owns or is in possession of any
property or use, or any process or equipment, may make a
request for a variance to the Bremerton Planning
Commission for relief from any provision of this chapter
governing the quality, nature, duration or extent of
discharge or noise. The application shall be accompanied
by such information and data as the commission may
require. The commission shall enforce rules and
regulations governing the application for and granting of
variances, including hearing and notices. A variance or its
renewal shall not be the right of the applicant or holder
thereof, but shall be at the reasonable discretion of the
Planning Commission.
(b) The variance shall not be granted under this
section unless the commission has considered the relevant
interests of the applicant, other owners of property likely
to be affected, and the general public and finds that all the
following facts and conditions exist:
(1) That there are exceptional or extraordinary
circumstances or conditions applying to the applicant’s
property, or intended use thereof that do not apply
generally to other properties in the same noise control
district;
(2) That such variance is necessary for the
preservation and enjoyment of a substantial person or
property right of the applicants possessed by the owners of
other properties in the same noise control district;
(3) That the authorization of such variance does
not endanger public health or safety in the same or
adjacent noise control districts;
(4) That the granting of such variance will not
adversely affect the general policy and purposes of this
chapter.
(c) In authorizing a variance, conditions regarding
noise level, duration, type and other considerations
deemed necessary to carry out the policy and purpose of
this chapter may by imposed. (Ord. 4226 §5, 1989)
6.32.090 RIGHT TO APPEAL.
Any person aggrieved by an order, decision, ruling or
interpretation by the administrator may file an appeal in
writing with the office of the Bremerton Hearing
Examiner pursuant to Chapter 2.62 BMC. (Ord. 4226 §6,
1989; Ord. 4022 §1, 1986; Ord. 3722 §9, 1982)
(4547, Amended, 03/28/1996)
6.32.110 PUBLIC DISTURBANCE NOISES.
It is hereby unlawful and declared a public nuisance
for any person to cause, or for any person in possession of
property to allow, noise defined in this section. For
prosecution under this section, evidence of sound level
through the use of a sound level meter reading shall not be
necessary to establish a commission of the offense.
Provisions of this section shall be cumulative and not
exclusive, and shall not affect any other claim, cause of
action or remedy including any prosecution for violation
of sections regulating environmental noise. The following
shall be public disturbance noises:
(a) The frequent, repetitive or continuance sound of
any horn or siren attached to a motor vehicle, except as a
(Revised 5/03) 6.32-4
warning of danger or as specifically permitted or required
by law.
(b) The creation of frequent, repetitive or continuous
noise in connection with the starting, operation, repair,
rebuilding or testing of any motor vehicle, motorcycle,
off-highway vehicle or internal combustion engine within
District I so as to unreasonably disturb or interfere with
the peace, comfort and repose of owners or possessors of
real property.
(c) The use of a sound amplifier or other device
capable of producing or reproducing amplified sound
upon public streets for the purpose of commercial
advertising or sales or for attracting the attention of the
public to any vehicle, structure or property or the contents
therein except as permitted by law, and except that
vendors whose sole method of selling is from a moving
vehicle shall be exempt from this subsection.
(d) Sound from motor vehicle sound systems, such
as tape players, radios, and compact disc players, operated
at a volume so as to be audible greater than fifty (50) feet
from the vehicle itself.
(e) Sound from audio equipment, such as tape
players, radios, and compact disc players, operated at a
volume so as to be audible greater than fifty (50) feet from
the source.
(f) The creation of any loud noises which emanate
frequently, or repetitively or continuously from any
building, structure or property which unreasonably
disturbs the peace, comfort and repose of others. (Ord.
4851 §1, 2003; Ord. 4780, Amended, 11/26/2001; Ord.
4226 §9, 1989)
6.32.115 BELLS, CHIMES OR CARILLONS.
The operation of bells, chimes or carillons shall be
exempt from the provisions of this chapter. (Ord. 4780,
Added, 11/26/2001)
6.32.120 VIOLATIONS - CIVIL PENALTY,
CRIMINAL PENALTY.
(a) Every offense defined by this chapter or conduct
made unlawful hereby shall constitute a civil infraction
under the Bremerton Municipal Code; Provided, however,
A second violation within a twenty-four (24) hour period
shall constitute a misdemeanor.
(b) In addition to any other sanction or injunctive
procedure which may be available at law or equity, any
person failing to comply with the final order issued by the
administrator or a police officer shall be subject to a
cumulative civil penalty in an amount not to exceed one
hundred dollars ($100.00) per day from the date set for
compliance until compliance. The civil penalty shall be
collected by legal action brought in the name of the City.
(c) For enforcement purposes, each day, defined as a
twenty-four (24) hour period beginning at 12:01 a.m. in
which violation of this chapter occurs, shall constitute a
separate violation. (Ord. 4288 §3, 1990; Ord. 4226 §11,
1989)
9.88-1 (Revised 5/03)
Chapter 9.88
MARIJUANA
Sections:
9.88.010 DEFINITIONS.
9.88.020 MARIJUANA POSSESSION.
9.88.030 POSSESSION OF DRUG
PARAPHERNALIA.
9.88.040 MISDEMEANOR VIOLATIONS
- MINIMUM IMPRISONMENT.
9.88.010 DEFINITIONS.
“Drug paraphernalia” is defined as currently set forth
in RCW 69.50.102, or hereinafter amended.
“Marijuana” is defined as: All parts of the plant of the
genus Cannabis L., whether growing or not; the seeds
thereof; the resin extracted from any part of the plant; and
every compound, manufacture, salt, derivative, mixture, or
preparation of the plant, its seeds or resin. It does not
include the mature stalks of the plant, fiber produced from
the stalks, oil or cake made from the seeds of the plant,
any other compound, manufacture, salt, derivative,
mixture or preparation of the mature stalks (except the
resin extracted therefrom), fiber, oil or cake, or the
sterilized seed of the plant which is incapable of
germination. (Ord. 4850 §1 (in part), 2003)
9.88.020 MARIJUANA POSSESSION.
Any person found guilty of possession of forty (40)
grams or less of marijuana shall be guilty of a
misdemeanor. (Ord. 4850 §1 (in part), 2003)
9.88.030 POSSESSION OF DRUG
PARAPHERNALIA.
RCW 69.50.412, with the exception of those
provisions contained herein for which a violation
constitutes a felony crime, is hereby adopted by reference
as currently enacted and as hereinafter amended from time
to time, and shall be given the same force and effect as if
set forth herein in full. (Ord. 4850 §1 (in part), 2003)
9.88.040 MISDEMEANOR VIOLATIONS -
MINIMUM IMPRISONMENT.
A person who is convicted of a misdemeanor
violation of BMC 9.88.020 or 9.88.030 shall be punished
by imprisonment for not less than twenty-four (24)
consecutive hours, and by a fine of not less than two
hundred fifty dollars ($250.00). On a second or
subsequent conviction, the fine shall not be less than five
hundred dollars ($500.00). These fines shall be in addition
to any other fine or penalty imposed. Unless the court
finds that the imposition of the minimum imprisonment
will pose a substantial risk to the defendant’s physical or
mental well-being or that local jail facilities are in an
overcrowded condition, the minimum term of
imprisonment shall not be suspended or deferred. If the
court finds such risk or overcrowding exists, it shall
sentence the defendant to a minimum of forty (40) hours
of community service. If a minimum term of
imprisonment is suspended or deferred, the court shall
state in writing the reason for granting the suspension or
deferral and the facts upon which the suspension or
deferral is based. Unless the court finds the person to be
indigent, the minimum fine shall not be suspended. (Ord.
4850 §1 (in part), 2003)
(Revised 5/03)
Title 9A
CRIMINAL CODE
Chapters:
9A.04 GENERAL PROVISIONS
9A.08 DEFENSES
9A.12 ALCOHOLIC BEVERAGES
9A.16 ANTICIPATORY OFFENSES
9A.20 MINORS
9A.24 FIREARMS AND DANGEROUS WEAPONS
9A.28 GAMBLING
9A.32 ASSAULT
9A.36 THEFT AND ROBBERY
9A.40 OBSTRUCTION OF JUSTICE
9A.44 PUBLIC DISTURBANCES
9A.48 MALICIOUS PROSECUTION - ABUSE OF PROCESS
9A.52 CONTEMPT
9A.04-1 (Revised 5/03)
Chapter 9A.04
GENERAL PROVISIONS
Sections:
9A.04.010 APPLICATION OF GENERAL
PROVISIONS OF THE CODE.
9A.04.020 PURPOSES - PRINCIPLES OF
CONSTRUCTION.
9A.04.030 PROOF BEYOND A
REASONABLE DOUBT.
9A.04.040 COMMON LAW TO
SUPPLEMENT ORDINANCES.
9A.04.050 SENDING LETTER, WHEN
COMPLETE.
9A.04.060 DEFINITIONS.
9A.04.070 SEVERABILITY.
9A.04.080 DESIGNATION OF CRIMES
9A.04.090 RESERVED.
9A.04.100 ENFORCEMENT.
9A.04.110 RESTITUTION.
9A.04.120 GENERAL REQUIREMENT OF
CULPABILITY.
9A.04.130 LIABILITY OF CONDUCT OF
ANOTHER, COMPLICITY.
9A.04.140 CRIMINAL LIABILITY OF
CORPORATIONS AND
PERSONS ACTING UNDER A
DUTY TO ACT IN THEIR
BEHALF.
9A.04.150 OMISSION, WHEN NOT
PUNISHABLE.
9A.04.160 PEOPLE CAPABLE OF
COMMITTING CRIMES -
CHILDREN.
9A.04.170 CITIZEN IMMUNITY IF
AIDING OFFICER.
9A.04.010 APPLICATION OF GENERAL
PROVISIONS OF THE CODE.
The provisions of BMC 9A.04.020 and 9A.04.110
are applicable to offenses defined by this title unless this
title specifically provides otherwise. (Ord. 4850 §2 (in
part), 2003)
9A.04.020 PURPOSES - PRINCIPLES OF
CONSTRUCTION.
RCW 9A.04.020 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.04.030 PROOF BEYOND A REASONABLE
DOUBT.
RCW 9A.04.100 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.04.040 COMMON LAW TO SUPPLEMENT
ORDINANCES.
The provisions of the common law relating to the
commission of crime and the punishment thereof, insofar
as not inconsistent with the Constitution and statutes of the
state, and with the charter and ordinances of the city, shall
supplement all ordinances of this title. (Ord. 4850 §2 (in
part), 2003)
9A.04.050 SENDING LETTER, WHEN
COMPLETE.
RCW 9.01.130 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.04.060 DEFINITIONS.
RCW 9A.04.110 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.04.070 SEVERABILITY.
If any provision of the criminal code contained in this
title or its application to any person or circumstance is
held invalid, the remainder of the title, or the application
of the provision to other persons or circumstances is not
affected, and to this end the provisions of this title are
declared to be severable. (Ord. 4850 §2 (in part), 2003)
9A.04.080 DESIGNATION OF CRIMES
(a) Misdemeanor. A “misdemeanor” is any crime
punishable by a fine of not more than one thousand dollars
($1,000), or by imprisonment for not more than ninety
(90) days, or by both such fine and imprisonment.
(b) Gross Misdemeanor. A “gross misdemeanor” is
any crime punishable by a fine of not more than five
thousand dollars ($5,000), or by imprisonment for not
more than three hundred sixty-five (365) days, or by both
such fine and imprisonment.
(c) Default Penalty. Whenever the performance of
any act (or omission) is prohibited by any provision within
this criminal code, and no penalty for the violation of such
provision is provided, the committing of such act (or
omission) shall be a misdemeanor. (Ord. 4850 §2 (in part),
2003)
(Revised 5/03) 9A.04-2
9A.04.090 RESERVED.
9A.04.100 ENFORCEMENT.
(a) Application. The provisions of this title are
applicable to offenses defined by this title or another
ordinance, unless this title or such other ordinance
specifically provides otherwise.
(b) Costs of Prosecution. Whenever anyone is
convicted of an offense under any section of this penal
code or section of any other city ordinance, in addition to
the fine imposed, he may be required to pay the costs of
prosecution. In default of such payment, he may be
imprisoned until such fine is paid or worked out on the
basis of twenty-five dollars ($25.00) per each day of
imprisonment. (Ord. 4850 §2 (in part), 2003)
9A.04.110 RESTITUTION.
In addition to the penalties provided elsewhere in this
title, the court, at the court’s discretion, may order the
defendant to make restitution to the victim of the
ordinance violation. Restitution shall be made by payment
of a sufficient sum to the victim to pay the victim for
damages and losses caused by the ordinance violation.
Such restitution shall be ordered to be paid in a lump sum,
forthwith, unless the court finds that the defendant cannot
pay the amount in a lump sum, in which case restitution
shall be ordered to be paid in installments. A defendant’s
poverty shall not prevent the court from ordering
restitution, provided that the defendant’s poverty shall be
considered in fixing the amounts of monthly payments. If
conditions change, the court may order a change in the
amounts of installments or in the frequency of payment of
installments. Nothing in this section shall be interpreted as
preventing any victim of a crime from prosecuting a civil
suit for damages resulting from a violation of this title.
(Ord. 4850 §2 (in part), 2003)
9A.04.120 GENERAL REQUIREMENT OF
CULPABILITY.
RCW 9A.08.010 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.04.130 LIABILITY OF CONDUCT OF
ANOTHER, COMPLICITY.
RCW 9A.08.020 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.04.140 CRIMINAL LIABILITY OF
CORPORATIONS AND PERSONS
ACTING UNDER A DUTY TO ACT
IN THEIR BEHALF.
RCW 9A.08.030, with the exception of subsection
(5) thereof, is hereby adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.04.150 OMISSION, WHEN NOT
PUNISHABLE.
RCW 9.01.110 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.04.160 PEOPLE CAPABLE OF
COMMITTING CRIMES -
CHILDREN.
RCW 9A.04.050 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full (Ord. 4850 §2 (in part), 2003)
9A.04.170 CITIZEN IMMUNITY IF AIDING
OFFICER.
RCW 9.01.055 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.08-1 (Revised 5/03)
Chapter 9A.08
DEFENSES
Sections:
9A.08.010 DEFINITIONS.
9A.08.020 USE OF FORCE - WHEN
LAWFUL.
9A.08.030 DURESS.
9A.08.040 INSANITY.
9A.08.050 INTOXICATION.
9A.08.060 ENTRAPMENT.
9A.08.070 ACTION FOR BEING
DETAINED ON MERCANTILE
ESTABLISHMENT PREMISES
FOR INVESTIGATION -
REASONABLE GROUNDS AS
DEFENSE.
9A.08.080 USE OF FORCE ON CHILDREN
- POLICY - ACTIONS
PRESUMED UNREASONABLE.
9A.08.010 DEFINITIONS.
RCW 9A.16.010 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.08.020 USE OF FORCE - WHEN LAWFUL.
RCW 9A.16.020 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.08.030 DURESS.
RCW 9A.16.060 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.08.040 INSANITY.
RCW 9A.12.010 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.08.050 INTOXICATION.
RCW 9A.16.090 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.08.060 ENTRAPMENT.
RCW 9A.16.070 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.08.070 ACTION FOR BEING DETAINED
ON MERCANTILE
ESTABLISHMENT PREMISES FOR
INVESTIGATION - REASONABLE
GROUNDS AS DEFENSE.
RCW 9A.16.080 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.08.080 USE OF FORCE ON CHILDREN -
POLICY - ACTIONS PRESUMED
UNREASONABLE.
RCW 9A.16.100 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.12-1 (Revised 5/03)
Chapter 9A.12
ALCOHOLIC BEVERAGES
Sections:
9A.12.010 ALCOHOLIC BEVERAGE
CONTROL - ENFORCEMENT.
9A.12.010 ALCOHOLIC BEVERAGE
CONTROL - ENFORCEMENT.
The following sections of RCW Title 66, with the
exception of those provisions contained therein for which
a violation constitutes a felony crime, are hereby adopted
by reference as currently enacted and as hereinafter
amended from time to time, and shall be given the same
force and effect as if set forth herein in full, and wherever
the word “title” or words “this title” are used therein the
same shall be construed to mean and refer to RCW Title
66, and “this act” shall mean and refer to the Washington
State Liquor Act:
RCW 66.04.010 Definitions.
RCW 66.04.011 “Public place” not to include
certain parks picnic areas.
RCW 66.08.010 Title liberally construed.
RCW 66.20.160 “Card of identification”,
“licensee”, “store employee” defined for certain purposes.
RCW 66.20.200 Unlawful acts relating to card
identification and certification card.
RCW 66.28.080 Permit for music and dancing
upon licensed premises.
RCW 66.28.090 Licensed premises open for
inspection - Failure to allow.
RCW 66.44.010 Local officers to enforce law -
Authority of board - Liquor enforcement officers.
RCW 66.44.040 Sufficiency of description of
offenses in complaints, informations, process, etc.
RCW 66.44.050 Description of offense in words of
statutes - Proof required.
RCW 66.44.060 Proof of unlawful sale establishes
prima facie intent.
RCW 66.44.070 Certified analysis is prima facie
evidence of alcoholic content.
RCW 66.44.080 Service of process on corporation.
RCW 66.44.100 Opening or consuming liquor in
public places.
RCW 66.44.130 Sales of liquor by drink or bottle.
RCW 66.44.150 Buying liquor illegally.
RCW 66.44.160 Illegal possession, transportation
of alcoholic beverages.
RCW 66.44.170 Illegal possession of liquor with
intent to sell - Prima facie evidence, what is.
RCW 66.44.175 Violations of law.
RCW 66.44.180 Jurisdiction.
RCW 66.44.200 Sales to persons apparently under
the influence of liquor.
RCW 66.44.210 Obtaining liquor for ineligible
person.
RCW 66.44.240 Drinking in public conveyance -
Penalty against carrier.
RCW 66.44.250 Minor applying for permit.
RCW 66.44.270 Furnishing liquor to minors -
Possession, use.
RCW 66.44.280 Minor applying for permit.
RCW 66.44.290 Minor purchasing liquor.
RCW 66.44.291 Minor purchasing or attempting to
purchase liquor - Penalty.
RCW 66.44.300 Treating minor, etc., in public
place where liquor sold.
RCW 66.44.310 Minors frequenting tavern -
Misrepresentation of age - Classification of licenses.
RCW 66.44.316 Musicians eighteen years and
older permitted to enter and remain upon licensed
premises during employment.
RCW 66.44.320 Sales of liquor to minors a
violation.
RCW 66.44.325 Unlawful transfer to a minor of an
identification of age.
RCW 66.44.340 Employees eighteen years and
over allowed to sell and carry beer and wine for class E
and/or F licensed employers.
RCW 66.44.350 Employees eighteen years and
over allowed to serve and carry liquor, clean up, etc., for
class A, C, D and/or H licensed employers.
RCW 66.44.370 Resisting or opposing officers in
enforcement of title.
(Ord. 4850 §2 (in part), 2003)
9A.16-1 (Revised 5/03)
Chapter 9A.16
ANTICIPATORY OFFENSES
Sections:
9A.16.010 CRIMINAL ATTEMPT.
9A.16.020 CRIMINAL SOLICITATION.
9A.16.030 CRIMINAL CONSPIRACY.
9A.16.010 CRIMINAL ATTEMPT.
RCW 9A.28.020, with the exception of those
provisions contained therein for which a violation
constitutes a felony crime, 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. (Ord. 4850 §2 (in part), 2003)
9A.16.020 CRIMINAL SOLICITATION.
RCW 9A.28.030, with the exception of those
provisions contained therein for which a violation
constitutes a felony crime, is adopted by reference as
currently enacted and as hereinafter amended from time to
time, and shall be given the same force and effect as if set
forth herein in full. (Ord. 4850 §2 (in part), 2003)
9A.16.030 CRIMINAL CONSPIRACY.
RCW 9A.28.040, with the exception of those
provisions contained therein for which a violation
constitutes a felony crime, is adopted by reference as
currently enacted and as hereinafter amended from time to
time, and shall be given the same force and effect as if set
forth herein in full. (Ord. 4850 §2 (in part), 2003)
9A.20-1 (Revised 5/03)
Chapter 9A.20
MINORS
Sections:
9A.20.010 DEFINITIONS.
9A.20.020 LEAVING CHILD
UNATTENDED IN PARKED
AUTOMOBILE.
9A.20.030 SUPPLYING TOBACCO TO
MINOR - POSSESSION BY
MINOR.
9A.20.050 CONTRIBUTING TO
DELINQUENCY OF A CHILD.
9A.20.060 DISRUPTION OF SCHOOL
ACTIVITIES - PENALTY.
9A.20.070 SEXUAL EXPLOITATION OF
CHILDREN.
9A.20.080 SEXUAL MISCONDUCT WITH
A MINOR IN THE SECOND
DEGREE.
9A.20.090 UNLAWFUL HARBORING OF
A MINOR.
9A.20.010 DEFINITIONS.
RCW 13.32A.030 is hereby adopted by reference as
currently enacted and as hereinafter amended from time to
time, and shall be given the same force and effect as if set
forth herein in full. (Ord. 4850 §2 (in part), 2003)
9A.20.020 LEAVING CHILD UNATTENDED
IN PARKED AUTOMOBILE.
RCW 9.91.060, with the exception of those
provisions contained therein for which a violation
constitutes a felony crime, is hereby adopted by reference
as currently enacted and as hereinafter amended from time
to time, and shall be given the same force and effect as if
set forth herein in full. (Ord. 4850 §2 (in part), 2003)
9A.20.030 SUPPLYING TOBACCO TO MINOR
- POSSESSION BY MINOR.
It is unlawful for any person to knowingly sell, give,
furnish or cause to be furnished to any minor any
cigarette, cigar or tobacco in any form or for a minor to
possess the same. Every person violating this section shall
be guilty of a gross misdemeanor. (Ord. 4850 §2 (in part),
2003)
9A.20.050 CONTRIBUTING TO
DELINQUENCY OF A CHILD.
A person is guilty of contributing to the delinquency
of a child if, by act or omission, he knowingly causes or
encourages a child to commit or otherwise contributes to a
child’s commission of a delinquent act. (Ord. 4850 §2 (in
part), 2003)
9A.20.060 DISRUPTION OF SCHOOL
ACTIVITIES - PENALTY.
A person is guilty of disruption of school activities if
he comes into or remains in any school building,
classroom or upon any school ground, or street, sidewalk,
or public way adjacent thereto, without lawful reason, and
intentionally causes substantial disruption of the activities
of the school. (Ord. 4850 §2 (in part), 2003)
9A.20.070 SEXUAL EXPLOITATION OF
CHILDREN.
The following sections of Chapter 9.68A RCW, with
the exception of those provisions contained therein for
which a violation constitutes a felony crime, are hereby
adopted by reference as currently enacted and as
hereinafter amended from time to time, and shall be given
the same force and effect as if set forth herein in full are
adopted by reference:
RCW 9.68A.001 Legislative finding.
RCW 9.68A.011 Definitions.
RCW 9.68A.090 Communicating with minor for
immoral purposes.
RCW 9.68A.105 Additional fee assessment.
RCW 9.68A.110 Certain defenses barred,
permitted.
RCW 9.68A.150 Allowing minor on premises of
live erotic performance.
RCW 9.68A.160 Penalty.
(Ord. 4850 §2 (in part), 2003)
9A.20.080 SEXUAL MISCONDUCT WITH A
MINOR IN THE SECOND DEGREE.
RCW 9A.44.096, with the exception of those
provisions contained therein for which a violation
constitutes a felony crime, is hereby adopted by reference
as currently enacted and as hereinafter amended from time
to time, and shall be given the same force and effect as if
set forth herein in full. (Ord. 4850 §2 (in part), 2003)
9A.20.090 UNLAWFUL HARBORING OF A
MINOR.
The following sections of Chapter 13.32A RCW, with the
exception of those provisions contained therein for which
a violation constitutes a felony crime, are hereby adopted
by reference as currently enacted 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 13.32A.030 Definitions.
(Revised 5/03) 9A.20-2
RCW 13.32A.080 Unlawful harboring of a minor -
Penalty - Defense - Prosecution of adult for involving
child in commission of offense.
(Ord. 4850 §2 (in part), 2003)
9A.24-1 (Revised 5/03)
Chapter 9A.24
FIREARMS AND DANGEROUS WEAPONS
Sections:
9A.24.010 TERMS DEFINED.
9A.24.020 CARRYING PISTOL.
9A.24.030 EXCEPTION.
9A.24.040 ISSUANCE OF LICENSES TO
CARRY.
9A.24.050 DELIVERY TO MINORS AND
OTHERS FORBIDDEN.
9A.24.060 SALES REGULATED -
APPLICATION TO PURCHASE
- GROUNDS FOR DENIAL.
9A.24.070 EXEMPTIONS.
9A.24.080 DENIAL OF APPLICATION -
APPEAL.
9A.24.090 FORFEITURE OF FIREARMS,
ORDER BY COURTS - RETURN
TO OWNER - CONFISCATION
BY LAW ENFORCEMENT
OFFICER.
9A.24.100 DEALER’S LICENSES, BY
WHOM GRANTED AND
CONDITION THEREOF -
WHOLESALE SALES
EXCEPTED - PERMITS
PROHIBITED.
9A.24.110 CERTAIN TRANSFERS
FORBIDDEN.
9A.24.120 FALSE INFORMATION
FORBIDDEN.
9A.24.130 ALTERATION OF
IDENTIFYING MARKS
PROHIBITED.
9A.24.140 EXCEPTIONS.
9A.24.150 ALIEN’S LICENSE TO CARRY
FIREARMS - EXCEPTION.
9A.24.160 AIMING OR DISCHARGING
FIREARMS, OR DISCHARGING
EXPLOSIVES PROHIBITED -
PENALTY - EXCEPTIONS.
9A.24.170 USE OF FIREARMS BY MINOR.
9A.24.180 DANGEROUS WEAPONS -
EVIDENCE.
9A.24.190 DANGEROUS EXHIBITIONS.
9A.24.200 WEAPONS APPARENTLY
CAPABLE OF PRODUCING
BODILY HARM, CARRYING,
EXHIBITING, DISPLAYING OR
DRAWING UNLAWFUL -
PENALTY - EXCEPTIONS.
9A.24.210 POSSESSING DANGEROUS
WEAPONS ON SCHOOL
PROPERTY.
9A.24.220 WEAPONS PROHIBITED IN
CERTAIN PLACES.
9A.24.010 TERMS DEFINED.
RCW 9.41.010 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full, together with the following:
“Air gun” means the following: air guns, air pistol, air
rifle, BB gun and toy guns of any kind or nature when so
designed, contrived, modified and used to propel, by
compressed air or other gas or spring, any pellet, dart, BB,
rock or other hard substance a distance of more than
twenty-five (25) feet with sufficient force to break
windows or injure persons or animals. (Ord. 4850 §2 (in
part), 2003)
9A.24.020 CARRYING PISTOL.
RCW 9.41.050, with the exception of those
provisions contained therein for which a violation
constitutes a felony crime, is hereby adopted by reference
as currently enacted and as hereinafter amended from time
to time, and shall be given the same force and effect as if
set forth herein in full. (Ord. 4850 §2 (in part), 2003)
9A.24.030 EXCEPTION.
RCW 9.41.060 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.24.040 ISSUANCE OF LICENSES TO
CARRY.
RCW 9.41.070 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.24.050 DELIVERY TO MINORS AND
OTHERS FORBIDDEN.
RCW 9.41.080, with the exception of those
provisions contained therein for which a violation
constitutes a felony crime, is adopted by reference as
currently enacted and as hereinafter amended from time to
time, and shall be given the same force and effect as if set
forth herein in full. (Ord. 4850 §2 (in part), 2003)
(Revised 5/03) 9A.24-2
9A.24.060 SALES REGULATED -
APPLICATION TO PURCHASE -
GROUNDS FOR DENIAL.
RCW 9.41.090 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.24.070 EXEMPTIONS.
RCW 9.41.093 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.24.080 DENIAL OF APPLICATION -
APPEAL.
RCW 9.41.095 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.24.090 FORFEITURE OF FIREARMS,
ORDER BY COURTS - RETURN TO
OWNER - CONFISCATION BY
LAW ENFORCEMENT OFFICER.
RCW 9.41.098 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.24.100 DEALER’S LICENSES, BY WHOM
GRANTED AND CONDITION
THEREOF - WHOLESALE SALES
EXCEPTED - PERMITS
PROHIBITED.
RCW 9.41.110 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.24.110 CERTAIN TRANSFERS
FORBIDDEN.
RCW 9.41.120 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.24.120 FALSE INFORMATION
FORBIDDEN.
RCW 9.41.130, with the exception of those
provisions contained therein for which a violation
constitutes a felony crime, is adopted by reference as
currently enacted and as hereinafter amended from time to
time, and shall be given the same force and effect as if set
forth herein in full. (Ord. 4850 §2 (in part), 2003)
9A.24.130 ALTERATION OF IDENTIFYING
MARKS PROHIBITED.
RCW 9.41.140, with the exception of those
provisions contained therein for which a violation
constitutes a felony crime, is adopted by reference as
currently enacted and as hereinafter amended from time to
time, and shall be given the same force and effect as if set
forth herein in full. (Ord. 4850 §2 (in part), 2003)
9A.24.140 EXCEPTIONS.
RCW 9.41.150 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.24.150 ALIEN’S LICENSE TO CARRY
FIREARMS - EXCEPTION.
RCW 9.41.170 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.24.160 AIMING OR DISCHARGING
FIREARMS, OR DISCHARGING
EXPLOSIVES PROHIBITED -
PENALTY - EXCEPTIONS.
(a) It is unlawful for any person to:
(1) Aim any gun, pistol, revolver or other
firearm whether loaded or not, at or towards any human
being or police animal, or willfully discharge any firearm,
air gun, or other weapon, or throw any deadly missile in a
public place, or in any place where any person or police
animal might be endangered thereby, although no injury
results; or
(2) Fire, discharge, explode or cause to be
exploded any object containing gunpowder or other
explosive material or fluid, or firecracker in a public place,
or in any place where any person or police animal might
be endangered thereby.
(b) Subsection (a) of this section shall not apply to
or affect the following:
(1) The aiming or discharge of any firearm,
other weapon or explosive described in subsection (a) of
this section by a law enforcement officer engaged in the
performance of his or her powers or duties; or
(2) The aiming or discharge of a firearm, as
defined in BMC 9A.24.010, or air gun upon a rifle or
pistol firing range which has been issued a business
license by the City for such purpose; or
(3) A firearm or other explosive device
described in subsection (a) of this section which is
9A.24-3 (Revised 5/03)
discharged within the City where the person so
discharging the same has procured, in addition to any
license or permit required under Chapter 70.77 RCW, a
written permit issued by the chief of police granting such
person permission to discharge such firearm or weapon at
the time, place, in the manner and for the purpose the
permit was issued. Such permit shall not issue unless and
until the chief of police finds as fact that:
A. Such discharge is essential for the
protection of a growing or matured crop;
B. The applicant has not been convicted
in the state, or elsewhere, of a crime of violence nor of
moral turpitude;
C. The applicant has a bona fide current
permit from the state or from a department of the United
States authorizing the applicant to so protect such crop or
crops;
D. Such discharge can reasonably be
accomplished without endangering other persons or
property.
Such permits may be annual permits which expire on
June 30th of each year and upon the payment of a fee
therefor in the sum of three dollars ($3.00), shall be
limited to the use of birdshot, shall immediately terminate
upon any damage, destruction, or undue hazard to other
persons or property, or upon violation of the terms of its
issue. A permittee under this chapter violating any
condition of such permit, or giving false information in
application therefor, shall not again be eligible for a
permit. (Ord. 4850 §2 (in part), 2003)
9A.24.170 USE OF FIREARMS BY MINOR.
RCW 9.41.240 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.24.180 DANGEROUS WEAPONS -
EVIDENCE.
RCW 9.41.250 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.24.190 DANGEROUS EXHIBITIONS.
RCW 9.41.260 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.24.200 WEAPONS APPARENTLY
CAPABLE OF PRODUCING
BODILY HARM, CARRYING,
EXHIBITING, DISPLAYING OR
DRAWING UNLAWFUL -
PENALTY - EXCEPTIONS.
RCW 9.41.270 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.24.210 POSSESSING DANGEROUS
WEAPONS ON SCHOOL
PROPERTY.
RCW 9.41.280 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. (Ord. 4850 §2 (in part), 2003)
9A.24.220 WEAPONS PROHIBITED IN
CERTAIN PLACES.
(a) A weapon is defined as follows:
(1) Any firearm;
(2) Any dangerous weapon as listed in RCW
9.41.250;
(3) Any explosive defined in RCW 70.74.010;
(4) Any devices commonly known as “nun-
chu-ka sticks,” consisting of two or more lengths of wood,
metal, plastic, or similar substance connected with wire,
rope or other means;
(5) Any device commonly known as “throwing
stars,” which are multipointed, metal objects designed to
embed upon impact from any aspect; or
(6) Any air gun, including any air pistol or air
rifle, designed to propel a BB, pellet, or other projectile by
the discharge of compressed air, carbon dioxide, or other
gas.
(b) It is unlawful for any person to enter the
following places when he knowingly possesses or
knowingly has under his control a weapon:
(1) A courtroom or judge’s chamber, and areas
used in connection with court proceedings, including jury
rooms, court offices, waiting areas, and corridors adjacent
to the above areas used in connection with court
proceedings.
(2) That portion of an establishment classified
by the State Liquor Control Board as off-limits to persons
under twenty-one (21) years of age.
(c) Subsection (a) of this section does not apply to:
(1) Law enforcement personnel; or
(2) A person engaged in military activities
sponsored by the federal or state governments, while
engaged in official duties; or
(3) Security personnel while engaged in official
duties; or
(Revised 5/03) 9A.24-4
(4) Any person who is involved in a
convention, showing, demonstration, lecture, or firearms
safety course authorized by school authorities in which the
firearms or collectors or instructors are handled or
displayed; or
(5) Any student or employee of a private
military academy when on the property of the academy; or
(6) Any person while the person is participating
in a firearms or air gun competition approved by the
school or the school district; or
(7) Any person who has been issued a license
under RCW 9.41.070, while picking up or dropping off a
student; or
(8) Any person legally in possession of a
firearm or dangerous weapon that is secured within an
attended vehicle or concealed from view within a locked
unattended vehicle while conducting legitimate business at
the school; or
(9) Any person who is in lawful possession of
an unloaded firearm, secured in a vehicle while
conducting legitimate business at the school.
(d) Areas connected with court facilities where
weapons are prohibited shall be clearly marked and
notices posted at each entrance of the court facility that
weapons are prohibited in the restricted areas.
(e) A stationary locked box shall be provided within
the court room building to receive weapons for
safekeeping, or the court shall designate an official within
the building to receive weapons for safekeeping, during
the owner’s visit to restricted areas of the court facility.
(f) “Weapon-free zone” signs shall be posted
around school facilities giving warning of the prohibition
of the possession of weapons on school grounds.
(g) Any person violating this section is guilty of a
misdemeanor. (Ord. 4850 §2 (in part), 2003)
9A.28-1 (Revised 5/03)
Chapter 9A.28
GAMBLING
Sections:
9A.28.010 GAMBLING - PROHIBITIONS.
9A.28.020 GAMBLING - RULES
REGARDING.
9A.28.010 GAMBLING - PROHIBITIONS.
The following sections of Chapter 9.46 RCW, with
the exception of those provisions contained therein for
which a violation constitutes a felony crime, are hereby
adopted by reference as currently enacted and as
hereinafter amended from time to time, and shall be given
the same force and effect as if set forth herein in full:
RCW 9.46.010 Legislative declaration.
RCW 9.46.020 Definitions.
RCW 9.46.030 Certain gambling activities
authorized.
RCW 9.46.110 Taxation of gambling activities -
Limitations - Restrictions.
RCW 9.46.113 Taxation of gambling activities -
Disbursement.
RCW 9.46.130 Inspection and audit of premises,
paraphernalia, books and records - Reports for the
commission.
RCW 9.46.150 Injunctions - Voiding of licenses,
permits or certificates.
RCW 9.46.170 False or misleading entries or
statements, refusal to produce records, as violations -
Penalty.
RCW 9.46.185 Causing person to violate chapter
as violation - Penalty.
RCW 9.46.190 Violations relating to fraud or
deceit - Penalty.
RCW 9.46.192 Cities and towns - Ordinances
enacting certain sections of chapter - Limitations -
Penalties.
RCW 9.46.193 Cities and towns - Ordinances
adopting certain sections of chapter - Jurisdiction of
courts.
RCW 9.46.196 Defrauding or cheating other
participant or operator as violation - Causing another to do
so as violation - Penalty.
RCW 9.46.198 Working in gambling activity
without license as violation - Penalty.
RCW 9.46.210 Enforcement - Commission as a
law enforcement agency.
RCW 9.46.240 Gambling information,
transmitting or receiving as violation - Penalty.
RCW 9.46.285 Chapter as exclusive authority for
licensing and regulation of gambling activities.
RCW 9.46.310 Licenses for manufacture, sale,
distribution or supply of gambling devices.
(Ord. 4850 §2 (in part), 2003)
9A.28.020 GAMBLING - RULES REGARDING.
Pursuant to the authority of RCW 35.21.180, Chapter
230 WAC, 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.
(Ord. 4850 §2 (in part), 2003)
9A.32-1 (Revised 5/03)
Chapter 9A.32
ASSAULT
Sections:
9A.32.010 ASSAULT.
9A.32.020 RECKLESS ENDANGERMENT.
9A.32.030 COERCION.
9A.32.050 HARASSMENT.
9A.32.060 TELEPHONE CALLS TO
HARASS, INTIMIDATE,
TORMENT OR EMBARRASS.
9A.32.070 DOMESTIC VIOLENCE -
STATE STATUTES ADOPTED
BY REFERENCE.
9A.32.080 ORDER FOR PROTECTION
AND RESTRAINING ORDER -
STATE STATUTES ADOPTED
BY REFERENCE.
9A.32.090 CUSTODIAL INTERFERENCE.
9A.32.100 INTERFERING WITH THE
REPORTING OF DOMESTIC
VIOLENCE.
9A.32.110 STALKING.
9A.32.120 CRIMINAL MISTREATMENT.
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. (Ord. 4850 §2 (in part), 2003)
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. (Ord. 4850 §2 (in part), 2003)
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. (Ord. 4850 §2 (in part), 2003)
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. (Ord. 4850 §2 (in part), 2003)
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.
(Ord. 4850 §2 (in part), 2003)
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. (Ord. 4850 §2 (in part), 2003)
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. (Ord.
4850 §2 (in part), 2003)
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.
(Ord. 4850 §2 (in part), 2003)
(Revised 5/03) 9A.32-2
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. (Ord. 4850 §2 (in part), 2003)
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. (Ord. 4850 §2 (in part), 2003)
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:
9A.42.005 Findings and intent - Christian Science
treatment - Rules of evidence.
9A.42.010 Definitions.
9A.42.035 Criminal mistreatment in the third
degree.
9A.42.037 Criminal mistreatment in the fourth
degree.
9A.42.040 Withdrawal of life support systems.
9A.42.045 Palliative care.
9A.42.050 Defense of financial inability.
9A.42.080 Abandonment of a dependent person in
the third degree - Exception.
9A.42.090 Abandonment of a dependent person -
Defense.
9A.42.110 Leaving a child in the care of a sex
offender.
(Ord. 4850 §2 (in part), 2003)
9A.36-1 (Revised 5/03)
Chapter 9A.36
THEFT AND ROBBERY
Sections:
9A.36.010 DEFINITIONS.
9A.36.020 THEFT - DEFINED.
9A.36.030 THEFT IN THE THIRD
DEGREE.
9A.36.040 UNLAWFUL ISSUANCE OF
CHECKS OR DRAFTS.
9A.36.050 THEFT OF RENTAL
PROPERTY.
9A.36.060 SHOPPING CART THEFT.
9A.36.070 THEFT OF CABLE
TELEVISION SERVICES.
9A.36.080 POSSESSING STOLEN
PROPERTY - DEFINITIONS,
CREDIT CARDS,
PRESUMPTION.
9A.36.090 POSSESSING STOLEN
PROPERTY IN THE THIRD
DEGREE.
9A.36.100 RESTORATION OF STOLEN
PROPERTY - DUTY OF
OFFICERS.
9A.36.110 MALICIOUS MISCHIEF IN
THE THIRD DEGREE.
9A.36.120 MALICIOUS MISCHIEF AND
PHYSICAL DAMAGE -
DEFINED.
9A.36.130 TRESPASS - DEFINITIONS.
9A.36.140 CRIMINAL TRESPASS IN THE
FIRST DEGREE.
9A.36.150 CRIMINAL TRESPASS IN THE
SECOND DEGREE.
9A.36.160 SURVEILING.
9A.36.170 CRIMINAL TRESPASS -
DEFENSES.
9A.36.180 VEHICLE PROWLING.
9A.36.190 COMPUTER TRESPASS IN THE
SECOND DEGREE.
9A.36.200 COMPUTER TRESPASS -
COMMISSION OF OTHER
CRIME.
9A.36.210 MAKING OR HAVING
BURGLARY TOOLS.
9A.36.220 FAILURE TO PAY FARE -
PUBLIC CONVEYANCE.
9A.36.230 OBSTRUCTING IDENTITY OF
MACHINE.
9A.36.240 RECKLESS BURNING IN THE
SECOND DEGREE.
9A.36.010 DEFINITIONS.
RCW 9A.56.010 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.36.020 THEFT - DEFINED.
RCW 9A.56.020 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.36.030 THEFT IN THE THIRD DEGREE.
RCW 9A.56.050 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.36.040 UNLAWFUL ISSUANCE OF
CHECKS OR DRAFTS.
RCW 9A.56.060, with the exception of those
provisions contained therein for which a violation
constitutes a felony crime, is hereby adopted by reference
as currently enacted and as hereinafter amended from time
to time, and shall be given the same force and effect as if
set forth herein in full. (Ord. 4850 §2 (in part), 2003)
9A.36.050 THEFT OF RENTAL PROPERTY.
RCW 9A.56.096 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.36.060 SHOPPING CART THEFT.
RCW 9A.56.270 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.36.070 THEFT OF CABLE TELEVISION
SERVICES.
RCW 9A.56.220 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.36.080 POSSESSING STOLEN PROPERTY
- DEFINITIONS, CREDIT CARDS,
PRESUMPTION.
RCW 9A.56.140 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
(Revised 5/03) 9A.36-2
9A.36.090 POSSESSING STOLEN PROPERTY
IN THE THIRD DEGREE.
RCW 9A.56.170 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.36.100 RESTORATION OF STOLEN
PROPERTY - DUTY OF OFFICERS.
RCW 9.54.130 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.36.110 MALICIOUS MISCHIEF IN THE
THIRD DEGREE.
RCW 9A.48.090 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.36.120 MALICIOUS MISCHIEF AND
PHYSICAL DAMAGE - DEFINED.
RCW 9A.48.100(1) is adopted by reference as
currently enacted and as hereinafter amended from time to
time, and shall be given the same force and effect as if set
forth herein in full. (Ord. 4850 §2 (in part), 2003)
9A.36.130 TRESPASS - DEFINITIONS.
RCW 9A.52.010 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.36.140 CRIMINAL TRESPASS IN THE
FIRST DEGREE.
RCW 9A.52.070 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.36.150 CRIMINAL TRESPASS IN THE
SECOND DEGREE.
RCW 9A.52.080 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.36.160 SURVEILING.
(a) Definitions:
(1) “Building” shall have the same meaning as
in RCW 9A.04.110 as now or hereafter amended. Each
room shall constitute a separate building. Restrooms,
locker rooms and bedrooms are specifically included in
this definition.
(2) “Curtilage” shall be within ten (10) feet
from the exterior of the wall of any building, regardless of
whether the premises is enclosed.
(b) It shall be unlawful for any person to enter or
remain in or upon the curtilage of a building or premises
of another for the purposes of observing, photographing,
videotaping or filming another person, under
circumstances where the other person has a reasonable
expectation of privacy.
(c) Violation of this section shall be a gross
misdemeanor. (Ord. 4850 §2 (in part), 2003)
9A.36.170 CRIMINAL TRESPASS -
DEFENSES.
RCW 9A.52.090 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.36.180 VEHICLE PROWLING.
RCW 9A.52.100 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.36.190 COMPUTER TRESPASS IN THE
SECOND DEGREE.
RCW 9A.52.120 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.36.200 COMPUTER TRESPASS -
COMMISSION OF OTHER CRIME.
RCW 9A.52.130 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.36.210 MAKING OR HAVING BURGLARY
TOOLS.
RCW 9A.52.060 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.36.220 FAILURE TO PAY FARE - PUBLIC
CONVEYANCE.
It is unlawful for a person in public to refuse to pay
the proper fare in a public conveyance. (Ord. 4850 §2 (in
part), 2003)
9A.36-3 (Revised 5/03)
9A.36.230 OBSTRUCTING IDENTITY OF
MACHINE.
RCW 9A.56.180 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.36.240 RECKLESS BURNING IN THE
SECOND DEGREE.
The following sections of Chapter 9A.48 RCW, with
the exception of those provisions contained therein for
which a violation constitutes a felony crime, are hereby
adopted by reference as currently enacted and as
hereinafter amended from time to time, and shall be given
the same force and effect as if set forth herein in full:
RCW 9A.48.010 Definitions.
RCW 9A.48.050 Reckless burning in the second
degree.
RCW 9A.48.060 Reckless burning - Defense.
(Ord. 4850 §2 (in part), 2003)
9A.40-1 (Revised 5/03)
Chapter 9A.40
OBSTRUCTION OF JUSTICE
Sections:
9A.40.010 DEFINITIONS.
9A.40.020 OBSTRUCTING A LAW
ENFORCEMENT OFFICER.
9A.40.030 REFUSING TO SUMMON AID
FOR PEACE OFFICER.
9A.40.040 RESISTING ARREST.
9A.40.050 FALSE REPORTING.
9A.40.060 RENDERING CRIMINAL
ASSISTANCE - DEFINITION OF
TERMS.
9A.40.070 RENDERING CRIMINAL
ASSISTANCE - RELATIVE
DEFINED.
9A.40.075 RENDERING CRIMINAL
ASSISTANCE IN THE SECOND
DEGREE.
9A.40.080 RENDERING CRIMINAL
ASSISTANCE IN THE THIRD
DEGREE.
9A.40.090 COMPOUNDING A CRIME.
9A.40.100 ESCAPE IN THE THIRD
DEGREE - PENALTY.
9A.40.110 BAIL JUMPING.
9A.40.120 MAKING A FALSE
STATEMENT TO A PUBLIC
SERVANT.
9A.40.130 FALSE SWEARING.
9A.40.140 JURY TAMPERING.
9A.40.150 TAMPERING WITH PHYSICAL
EVIDENCE.
9A.40.010 DEFINITIONS.
RCW 9A.72.010 and RCW 9A.76.010 are adopted
by reference as currently enacted and as hereinafter
amended from time to time, and shall be given the same
force and effect as if set forth herein in full. (Ord. 4850 §2
(in part), 2003)
9A.40.020 OBSTRUCTING A LAW
ENFORCEMENT OFFICER.
RCW 9A.76.020 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.40.030 REFUSING TO SUMMON AID FOR
PEACE OFFICER.
RCW 9A.76.030 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.40.040 RESISTING ARREST.
RCW 9A.76.040 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.40.050 FALSE REPORTING.
RCW 9A.84.040 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.40.060 RENDERING CRIMINAL
ASSISTANCE - DEFINITION OF
TERMS.
RCW 9A.76.050 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full (Ord. 4850 §2 (in part), 2003)
9A.40.070 RENDERING CRIMINAL
ASSISTANCE - RELATIVE
DEFINED.
RCW 9A.76.060 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.40.075 RENDERING CRIMINAL
ASSISTANCE IN THE SECOND
DEGREE.
RCW 9A.76.080 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.40.080 RENDERING CRIMINAL
ASSISTANCE IN THE THIRD
DEGREE.
RCW 9A.76.090 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
(Revised 5/03) 9A.40-2
9A.40.090 COMPOUNDING A CRIME.
RCW 9A.76.100 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.40.100 ESCAPE IN THE THIRD DEGREE -
PENALTY.
RCW 9A.76.130 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.40.110 BAIL JUMPING.
RCW 9A.76.170, with the exception of those
provisions contained therein for which a violation
constitutes a felony crime, is hereby adopted by reference
as currently enacted and as hereinafter amended from time
to time, and shall be given the same force and effect as if
set forth herein in full. (Ord. 4850 §2 (in part), 2003)
9A.40.120 MAKING A FALSE STATEMENT
TO A PUBLIC SERVANT.
RCW 9A.76.175 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.40.130 FALSE SWEARING.
RCW 9A.72.040 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.40.140 JURY TAMPERING.
RCW 9A.72.140 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.40.150 TAMPERING WITH PHYSICAL
EVIDENCE.
RCW 9A.76.150 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.44-1 (Revised 5/03)
Chapter 9A.44
PUBLIC DISTURBANCES
Sections:
9A.44.010 DEFINITIONS.
9A.44.020 DISORDERLY CONDUCT.
9A.44.030 FAILURE TO DISPERSE.
9A.44.040 EXPECTORATING.
9A.44.050 MISCHIEF ON BRIDGES.
9A.44.060 UNLAWFUL BUS CONDUCT.
9A.44.070 LEWD CONDUCT.
9A.44.080 INTRODUCING CONTRABAND
IN THE THIRD DEGREE.
9A.44.090 RIOT.
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 the meeting by intentionally
committing acts in violation of implicit customs or usages
or of explicit rules for governance of the meeting he or she
knew, or as a reasonable man or woman should have
known. (Ord. 4850 §2 (in part), 2003)
9A.44.020 DISORDERLY CONDUCT.
RCW 9A.84.030 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.44.030 FAILURE TO DISPERSE.
RCW 9A.84.020 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
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. (Ord.
4850 §2 (in part), 2003)
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
(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. (Ord.
4850 §2 (in part), 2003)
9A.44.060 UNLAWFUL BUS CONDUCT.
(a) A person is guilty of unlawful bus conduct if,
while on or in a municipal transit vehicle and with
knowledge that such conduct is prohibited, he or she:
(1) Smokes or carries a lighted or smoldering
pipe, cigar or cigarette; or
(2) Discards litter other than in designated
receptacles; or
(3) Plays any radio, recorder, or other sound-
producing equipment, except that nothing herein shall
prohibit use of such equipment when connected to
earphones that limit the sound to the individual listeners or
the use of a communication device by an employee of the
owner or operator of the municipal transit vehicle; or
(4) Spits or expectorates; or
(5) Carries any flammable liquid, explosive,
acid, or other article or material likely to cause harm to
others, except that nothing herein shall prevent a person
from carrying a cigarette, cigar, or pipe lighter or carrying
a firearm or ammunition in a way that is not otherwise
prohibited by law.
(b) A municipal transit vehicle includes every motor
vehicle, street car, train, trolley vehicle, and any other
device, which: (1) is capable of being moved within, upon,
above or below a public highway; (2) is owned or
operated by the Kitsap County Public Transit Authority;
and (3) is used for the purpose of carrying passengers,
together with incidental baggage and freight on a regular
schedule. (Ord. 4850 §2 (in part), 2003)
9A.44.070 LEWD CONDUCT.
(a) (1) A person is guilty of lewd conduct if he
intentionally performs a lewd act in a public place or at a
place and under circumstances where such act could be
observed by the public.
(2) The owner or operator of premises open to
the public is guilty of a misdemeanor if he intentionally
permits lewd conduct in a public place under his control.
(b) “Lewd act” means:
(Revised 5/03) 9A.44-2
(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 urination or defecation in a place
other than a washroom or toilet room; or
(4) Public masturbation; or
(5) 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. (Ord. 4850 §2 (in part), 2003)
9A.44.080 INTRODUCING CONTRABAND IN
THE THIRD DEGREE.
RCW 9A.76.160 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.44.090 RIOT.
RCW 9A.84.010 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.48-1 (Revised 5/03)
Chapter 9A.48
MALICIOUS PROSECUTION -
ABUSE OF PROCESS
Sections:
9A.48.010 MALICIOUS PROSECUTION.
9A.48.020 INSTITUTING SUIT IN NAME
OF ANOTHER.
9A.48.030 CRIMINAL IMPERSONATION.
9A.48.010 MALICIOUS PROSECUTION.
RCW 9.62.010, with the exception of those
provisions contained therein for which a violation
constitutes a felony crime, is adopted by reference as
currently enacted and as hereinafter amended from time to
time, and shall be given the same force and effect as if set
forth herein in full. (Ord. 4850 §2 (in part), 2003)
9A.48.020 INSTITUTING SUIT IN NAME OF
ANOTHER.
RCW 9.62.020 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.48.030 CRIMINAL IMPERSONATION.
RCW 9A.60.040 is adopted by reference as currently
enacted and as hereinafter amended from time to time, and
shall be given the same force and effect as if set forth
herein in full. (Ord. 4850 §2 (in part), 2003)
9A.52-1 (Revised 5/03)
Chapter 9A.52
CONTEMPT
Sections:
9A.52.010 CONTEMPT.
9A.52.010 CONTEMPT.
The following sections of Chapters 7.21 and 9.23
RCW, with the exception of those provisions contained
therein for which a violation constitutes a felony crime,
are hereby adopted by reference as currently enacted and
as hereinafter amended from time to time, and shall be
given the same force and effect as if set forth herein in
full:
RCW 7.21.010 Definitions.
RCW 7.21.020 Sanctions - Who may impose.
RCW 7.21.030 Remedial sanctions - Payment for
losses.
RCW 7.21.040 Punitive sanctions - Fines.
RCW 7.21.050 Sanctions - Summary imposition -
Procedure.
RCW 7.21.060 Administrative or proceedings -
Petition to court for imposition of sanctions.
RCW 7.21.070 Appellate review.
RCW 9.23.010 Criminal contempt.
(Ord. 4850 §2 (in part), 2003)
(Revised 5/03)
Title 18
FIRE
Chapters:
18.02 CITY FIRE CODE
18.03 EXISTING MULTI-FAMILY REQUIREMENTS
18.06 AMBULANCE SERVICES
18.08 OUTDOOR FIRES
18.06-1 (Revised 5/03)
Chapter 18.06
AMBULANCE SERVICES
Sections:
18.06.010 DEFINITIONS.
18.06.020 APPLICABILITY.
18.06.030 LICENSE REQUIRED -
APPLICATION.
18.06.040 INSURANCE.
18.06.050 AMBULANCES AND
EQUIPMENT.
18.06.060 PERFORMANCE STANDARDS -
COMPLIANCE - RECORDS.
18.06.070 EMERGENCY NOTIFICATION.
18.06.080 RESPONSE TO 911 INITIATED
AID CALLS.
18.06.090 MUTUAL AID.
18.06.100 RATES - FILING REQUIRED.
18.06.110 DENIAL OR REVOCATION OF
LICENSE.
18.06.120 VIOLATION - PENALTY.
18.06.010 DEFINITIONS.
For the purposes of this chapter, the following
definitions shall apply:
(1) “Advanced life support (ALS)” means those
services requiring medical treatment by a certified
paramedic.
(2) “Aid call” means any 911 initiated call, request
or dispatch for emergency medical treatment.
(3) “Ambulance” means any privately or publicly
owned ground transportation vehicle that is especially
designed, constructed, equipped, maintained or used for
the transportation of patients who are sick, injured or
otherwise incapacitated, which is operated as part of an
ambulance service.
(4) “Ambulance service” means any person, as
defined in this section, who operates an ambulance for
hire which is either stationed within or without the City or
dispatched from within or without the City to pick up
injured or sick fares within the City or which makes trips
to the City, from points outside its City limits, for the
purpose of transporting sick or injured fares from points
within the City; Provided, however, That the provision of
this chapter shall not apply to any ambulance which shall
pass through the City in the delivery of fares picked up at
points beyond the limits of the City.
(5) “Basic life support (BLS)” means those medical
services which can be performed by one who is a certified
emergency medical technician.
(6) “Cencom (911)” means the Central
Communication Emergency Dispatch Center.
(7) “Communication system” means two-way radio
communications equipment necessary for communication
between ambulances, dispatchers, hospitals and other
agencies as needed, including those with a four (4) band
multifrequency capability.
(8) “Department” means City of Bremerton Fire
Department.
(9) “Emergency” means a situation or patient
condition (i) in which either of the administration of a
drug (except oxygen) or initiation of an intravenous line is
performed; or (ii) in which a person requesting ambulance
assistance requires immediate response by medically
trained personnel; or (iii) which an EMT would assess, in
the interest of good patient care, to require the assistance
of at least a paramedic certified pursuant to Chapter 18.71
RCW and regulations promulgated thereunder.
(10) “Emergency medical technician (EMT)” means
a person who is certified as such by the Secretary,
pursuant to Chapter 18.73 RCW and regulations
promulgated thereunder.
(11) “Mutual aid” refers to situations in which a
licensed nonemergency BLS ambulance service is
required, as determined by the Department, to make
ambulances and personnel available for emergency
response under the City’s direction.
(12) “Patient” means an individual who is sick,
injured, wounded or otherwise incapacitated or helpless.
(13) “Person” means any individual, firm,
partnership, association, corporation, company, or group
of individuals acting together for a common purpose or
organization of any kind, including any governmental
agency other than the United States.
(14) “Secretary” means the Secretary of the
Department of Health of the State of Washington. (Ord.
4848 §1 (in part), 2003; Ord. 4367 (in part), 1992.
Formerly 5.50.010)
18.06.020 APPLICABILITY.
(a) The provisions of this chapter shall apply to
nonemergency BLS ambulance services operating within
the City of Bremerton limits.
(b) Ambulance services providing ALS and BLS
interfacility transports shall follow the guidelines
established under Chapter 18.71 RCW, Kitsap County
EMS Council and Kitsap County Medical Program
Director. (Ord. 4848 §1 (in part), 2003; Ord. 4367 (in
part), 1992. Formerly 5.50.020)
18.06.030 LICENSE REQUIRED -
APPLICATION.
(a) No person, firm, or corporation shall operate or
cause to be operated an ambulance or ambulance service
within the City without first obtaining a Washington State
verification and license in addition to a City business
license. No person, firm, or corporation, other than the
(Revised 5/03) 18.06-2
Department, shall operate or cause to be operated
emergency ALS ambulance service within the City limits,
except as provided in BMC 18.06.090.
(b) An application for a business license to operate
an ambulance or ambulance service shall contain the
following information:
(1) A description of each ambulance, including
the make, model, year of manufacture, motor chassis and
VIN number, together with current state license number,
the length of time the ambulance has been in use and the
color scheme, insignia, name, monogram or other
distinguishing characteristics to be used to designate
applicant’s ambulance.
(2) The location and description of the place or
places from which the ambulance service is intended to
operate and the number of licensed EMTs to be initially
employed.
(3) In the event that the applicant is granted a
license, the applicant shall be required to immediately
update its application when there is a change in any of the
items listed on the application. The failure of the license
holder to update its application upon a change in any of
the required items will result in a violation of this chapter.
(c) Upon receiving an application and the fee, the
City Clerk shall forward the application to the Fire Chief
for review and approval. No license shall be issued unless
the Fire Chief is satisfied, pursuant to policies duly
adopted, that (1) the applicant is properly certified by the
State; (2) the applicant’s facilities, ambulances, and
equipment meet State and local standards; (3) employees
of applicant are EMT certified and in good standing; (4) a
record check of the applicant and its employees shows no
criminal convictions within five (5) years prior to the date
of application of federal, state or local laws involving the
custody of incapacitated persons, the custody of narcotic
or controlled substances, or the use of motor vehicles; (5)
the applicant has fulfilled all the requirements of the laws
of the state, including, but not limited to, Chapter 18.73
RCW and Chapter 248-17 WAC, as those chapters
currently exist or are hereafter amended, pertaining to
emergency medical care and transportation services and
ambulance rules and regulations; (6) the applicant has met
all the requirements of this chapter; (7) all personnel
employed by the applicant are state certified and have
regular emergency vehicle driving training. (Ord. 4848 §1
(in part), 2003; Ord. 4367 (in part), 1992. Formerly
5.50.030)
18.06.040 INSURANCE.
Each ambulance service shall obtain from a reputable
insurance company and, at all times, maintain in full force
the following insurance in the amount of not less than one
million dollars ($1,000,000) each: (1) comprehensive
general liability, (2) automobile liability for all vehicles,
and (3) professional liability. Applicant shall provide an
insurance certificate to this effect, naming the City of
Bremerton as an additional insured on the comprehensive
general liability and automobile liability policies prior to
the issuance of a business license. Such policies shall also
provide for not less than thirty (30) days’ written notice to
the City Clerk of intended cancellation of coverage. The
cancellation and/or termination of any such policy shall
automatically revoke and terminate any business license
issued for the ambulance service, unless a substitute
insurance policy complying with the provisions of this
section shall be provided and be in effect at or prior to the
time of such cancellation or termination. (Ord. 4848 §1 (in
part), 2003; Ord. 4367 (in part), 1992. Formerly 5.50.040)
18.06.050 AMBULANCES AND EQUIPMENT.
(a) Ambulances shall be maintained and inspected
pursuant to requirements from time to time adopted by the
Secretary. All ambulance services shall provide the
Department with copies of reports of inspection submitted
to the Secretary pursuant to RCW 18.73.145.
(b) Inspection by the City: In addition to any other
inspection required by state law, the Department shall
inspect the records, equipment, and accessories of all
ambulance services up to twice annually at the discretion
of the Department. Additionally, the Department shall
conduct individual inspections of an ambulance service
within three (3) days of the receipt of any complaint about
the ambulance service. Notwithstanding the above
required inspections or any other provision of this chapter,
the Department may, at all reasonable times, inspect the
records, equipment and accessories of any ambulance
service.
(c) The ambulance service shall pay an inspection
fee for each inspection required under this chapter and
further shall pay an inspection fee as set forth in Chapter
3.01 BMC for each inspection prompted by complaint;
Provided, however, That no complaint-prompted
inspection fee shall be paid where the Chief of the
Department has determined the complaint to be
unwarranted and without substantial merit.
All inspection fees shall be prepaid to the City
Treasurer. Proof of payment must be provided before
inspections commence. Any deficiencies identified during
inspection shall be remedied within thirty (30) days or the
ambulance service business license shall be subject to
revocation.
(d) All ambulances and equipment storage and
cleaning areas shall be subject to inspection by the
Department, during operating hours, to ensure that they
are maintained in a clean and functional state. Disinfection
or chemical sterilization of reusable equipment must meet
guidelines established by the National Center for Disease
Control.
(e) Each ambulance service shall take immediate
action to eliminate any unsanitary condition upon
18.06-3 (Revised 5/03)
becoming aware of such and shall immediately correct
any unsafe situation as directed by the Fire Chief or the
Secretary by written notice.
(f) Ambulances shall not be used without the
minimum equipment prescribed by the Secretary. In the
event a variance from said requirements is granted by the
State, the licensee must notify the Department of the
variance granted. (Ord. 4848 §1 (in part), 2003; Ord. 4367
(in part), 1992. Formerly 5.50.080)
18.06.060 PERFORMANCE STANDARDS -
COMPLIANCE - RECORDS.
(a) All services performed hereunder shall be in
accordance with the standards and principles of the course
of instruction given EMTs or paramedics, as the case may
be, by the State, and pursuant to local medical protocols
established from time to time by the Kitsap County
Medical Program Director.
(b) Records of 911 initiated calls shall be logged by
ambulance crews and shall include the appearance and
status of and treatment administered to injured, sick, or
incapacitated persons treated or transported. Copies of
such records shall be mailed or otherwise delivered to the
Kitsap County EMS Office on a monthly basis, or more
often if requested for good cause. Subject to the
requirements of the State Public Disclosure Act, such
records shall be confidential and shall be released only to
proper officials of the City or Kitsap County EMS Office.
(Ord. 4848 §1 (in part), 2003; Ord. 4367 (in part), 1992.
Formerly 5.50.090)
18.06.070 EMERGENCY NOTIFICATION.
In the event a call for emergency medical assistance
is received by an ambulance service or a representative
thereof, the caller shall be directed to call Cencom (9-1-1)
and the ambulance service representative shall also call
Cencom (9-1-1). (Ord. 4848 §1 (in part), 2003; Ord. 4367
(in part), 1992. Formerly 5.50.100)
18.06.080 RESPONSE TO 911 INITIATED AID
CALLS.
(a) At each aid call to which a Department
ambulance responds, the Department officer in charge
shall determine whether the patient is in need of advanced
life support (ALS) or basic life support (BLS) services. If
the officer decides that the patient is in need of advanced
life support services, the patient shall be transported to a
hospital in a Department ambulance if available. Provided,
however, If the patient’s medical interests would be best
served by transporting the patient by private ambulance,
the officer in charge may arrange for the patient to be
transported in that manner.
(b) No effort shall be made by an ambulance service
to assume the custody of a patient before release of
custody has been made by the Department officer in
charge.
(c) It is unlawful for an ambulance service, in
responding by vehicle to any call requested by the
Department, to use emergency lighting or siren, unless (1)
responding to emergencies or transporting a patient in
accordance with the mutual aid provisions of this chapter
or (2) directed to do so by Department.
(d) In the event there is more than one ambulance
service operating in the City which seeks to participate in
the 911 aid calls, a representative and/or representatives
from each ambulance service shall meet and devise a
rotation schedule that shall be submitted to the City Clerk.
Said schedule shall: (1) provide for only one company to
respond to 911 initiated aid calls during any given month;
(2) include a twelve (12) month rotation; (3) be amended
only upon thirty (30) day notification to the City Clerk;
and (4) provide for substitution by other ambulance
service companies in the rotation under circumstances
where an ambulance service has no ambulances available
to provide service during its rotation. In the event a
schedule is not submitted, the City Clerk shall prepare a
rotation schedule that shall control the assignment of 911
aid calls to ambulance services licensed under this chapter.
(e) Each ambulance service shall keep available an
adequate supply of ambulances, personnel and equipment
which will enable it to respond to a 911 call for assistance
within ten (10) minutes of the time of the request ninety
percent (90%) of the time, and within fifteen (15) minutes
the remainder of the time. Response times shall be
measured from the time of request for service is made
from Cencom until the ambulance service arrives at the
scene. The ambulance service shall submit monthly
reports at the conclusion of its rotation stating response
times for all emergency calls served during its rotation.
(f) In the event that the ambulance service has no
ambulances available for emergency calls during its
rotation, the ambulance service shall immediately advise
the Department and Cencom of such conditions, and shall
further advise that the ambulance service is unavailable to
respond to any emergency until further notification. (Ord.
4848 §1 (in part), 2003; Ord. 4367 (in part), 1992.
Formerly 5.50.110)
18.06.090 MUTUAL AID.
(a) Each ambulance service shall cooperate with any
request by the Department for mutual aid assistance within
Kitsap County.
(b) Each ambulance service shall equip its vehicles
with radios capable of receiving and transmitting on City
and County Fire Department frequencies, which
frequencies shall be used by licensees only in the event of
a request for service or a mutual aid situation described
herein. (Ord. 4848 §1 (in part), 2003; Ord. 4367 (in part),
1992. Formerly 5.50.120)
(Revised 5/03) 18.06-4
18.06.100 RATES - FILING REQUIRED.
Each ambulance service shall file and keep on file
with the City Clerk its current schedule of rates to be
charged for services. Such schedule or rates shall be a
matter of public record open to public inspection in the
City Clerk’s office during normal city business hours and
such schedule must be adhered to by the licensee
throughout the period for which the license is issued. (Ord.
4848 §1 (in part), 2003; Ord. 4367 (in part), 1992.
Formerly 5.50.130)
18.06.110 DENIAL OR REVOCATION OF
LICENSE.
Any application for a business license and any
business license issued pursuant to Chapter 5.02 BMC
may be denied or revoked for a violation of the provisions
of this chapter pursuant to the procedures set forth in
Chapter 5.02 BMC relating to the denial and revocation of
general business licenses. (Ord. 4848 §1 (in part), 2003)
18.06.120 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
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. (Ord. 4848 §1 (in part),
2003; Ord. 4367 (in part), 1992. Formerly 5.50.140)
21.22-17 (Revised 5/03)
the stream corridor buffer.
(7) The Washington Departments of Wildlife
and Fisheries have authority over all projects in state
waters which impact fish. Construction in state waters is
governed by Chapter 75.20 RCW, Construction Projects
in State Waters. (Ord. 4476 §4, 1994; Ord. 4422 §1 (in
part), 1993)
21.22.240 EXTRAORDINARY HARDSHIP
TEST.
An extraordinary hardship exists when the standards
of this chapter deny all reasonable economic use of the
property. Diminished value shall not be considered an
extraordinary hardship. To demonstrate extraordinary
hardship, the applicant must demonstrate the following:
(a) There is no reasonable economic use or value
with less impact on the wetland or stream;
(b) There are no feasible on-site alternatives to the
proposed activity or use (e.g., reduction in density or use
intensity, scope or size, change in timing, phasing or
implementation, layout revision or other site planning
considerations) that would allow reasonable economic use
with less adverse impact;
(c) The proposed activity or use will be mitigated to
the maximum extent possible and result in minimum
feasible alteration or impairment of functional
characteristics of the site, including contours, vegetation,
fish and wildlife habitat, groundwater, surface water and
hydrological conditions;
(d) The proposed activity or use complies with all
local, state, and federal laws and will not jeopardize the
continued existence of endangered, threatened, sensitive
or priority habitat or species; and
(e) The inability to derive reasonable economic use
is not the result of actions by the applicant in segregating
or dividing the property in a way that makes the property
unable to be developed after the effective date of the
ordinance codified in this chapter. (Ord. 4849 §1, 2003;
Ord. 4422 §1 (in part), 1993)
21.22.250 PUBLIC INTEREST.
In determining whether a proposed use or activity in
any wetland or stream is in the public interest, the public
benefit of the proposal and the impact to the wetland or
stream must be evaluated by the Director. The proposal is
in the public interest if its benefit to the public exceeds its
detrimental impact on the wetland or stream. In comparing
the proposal’s public benefit and impact, the following
should be considered:
(a) The extent of the public need and benefit;
(b) The extent and permanence of the beneficial or
detrimental effects of the use or activity;
(c) The quality and quantity of the wetland or
stream that may be affected;
(d) The ecological value of the wetland or stream;
(e) Probable impact on public health and safety, fish,
plants, and wildlife; and
(f) The policies of the Land Use Management Plan.
(Ord. 4422 §1 (in part), 1993)
21.22.260 MITIGATION PROCEDURES.
(a) General:
(1) The first underlying measure of wetland and
stream protection is to avoid impacts. The next measure is
to minimize impacts where possible by limiting the
magnitude or scope of the development or use. The final
measure of protection is to mitigate or compensate for
impacts. This can be accomplished through creation,
enhancement or restoration of the wetland or stream.
However, the Director may allow compensation rather
than avoidance when the applicant demonstrates that
compensation would be the preferable environmental
alternative.
(2) As provided in Subparagraph 1 above, the
creation, enhancement or restoration to compensate for a
degraded or destroyed stream or wetland may be an
alternative as stated in the standards set forth in BMC
21.22.230, and may be used to compensate for losses. The
new, enhanced or restored wetland shall recreate as nearly
as possible the original wetland in terms of functions,
value, geographic location, and setting as provided in
Subsection (b) hereof. The goal of the compensation
alternative shall be no net loss of wetland function. Where
possible, compensation shall be completed prior to
wetland or stream corridor destruction.
(3) Creation, enhancement or restoration
alternatives should be undertaken on or adjacent to the site
where permanent losses have been sustained or, where
enhancement or restoration of a former wetland is
possible, within the same drainage basin. Replacement in
kind of the impacted stream or wetland will be the
preferred alternative for creation, enhancement or
restoration efforts. The Director may accept or
recommend creation, enhancement or restoration which is
not in-kind, is off-site, and/or is monetary compensation as
provided for in this section as an alternative proposal, if
the applicant can demonstrate that in-kind and/or on-site
creation, enhancement or restoration is infeasible due to
constraints such as parcel size, stream or wetland type;
that a wetland of a different type or location is justified
based on regional needs or functions and value; or that on-
site compensation is not desirable. Where feasible,
created, enhanced or restored wetlands shall be of a higher
type than the altered wetland. Compensation areas shall be
determined according to the altered wetland’s function,
acreage, type, location, self-sustaining abilities and the
amount of time required for the created, enhanced or
restored wetland to become a functioning wetland.
(4) Compensation shall not be required for the
construction of new storm water system facilities, except
(Revised 5/03) 21.22-18
for transmission systems not related to the wetland or
stream being impacted.
(b) Replacement Guidelines:
(1) Wetlands and stream corridors with riparian
habitats shall be replaced in accordance with their
classification at a minimum ratio of 1:1 for functional
value. This ratio of replacement may be increased based
upon the following criteria:
i. If it has been determined that the
probable success of the replacement wetland is uncertain;
ii. The compensation project is proposed
off-site; or
iii. If there is a significant period of time
between destruction and replication of wetland functions.
(2) Applicants proposing restoration or
enhancement as an alternative to replace wetland loss shall
identify how the wetland restoration or enhancement
conforms to the overall goals and requirements of this
chapter. Wetland restoration and enhancement proposals
shall meet the following criteria:
i. The restoration or enhancement for one
function and value shall not degrade another function or
value;
ii. The restoration and enhancement ratios
shall also be 1:1 for functional value. The functional value
of the restored or enhanced wetland shall be equal to or
greater than the functional value of the wetland altered
plus the functional value of the restored or enhanced
wetland prior to restoration or enhancement.
(3) The Director may allow the applicant to
contribute a fee in lieu of compensation for loss of type III
or IV wetlands, the total areas of which do not exceed one
acre, to a fund to mitigate for wetland loss. The Director
shall set reasonable fees for monetary compensation of
stream or wetland loss. Fees shall be based upon the price
of land acquisition plus 125 percent of the amount that
would be required to perform off-site, in-kind
compensation in accordance with the replacement
guidelines set forth in Subsection (b)(1) hereof and
monitoring requirements in Subsection (e) hereof. Such
fees shall be held in a designated mitigation bank fund for
the express use of ongoing wetland acquisition, creation,
enhancement or restoration projects and shall not be
commingled with other funds. Dedication of land
containing wetlands or streams may substitute for
monetary compensation, but only to the extent that such
dedication would provide the City with increased value
because of access, control and protection provided by
public ownership or to the extent that such dedicated land
could be improved under the provisions of this chapter
(see BMC 21.22.170). Provisions for access must be
included with any dedication of land.
(c) Mitigation Plan Requirements: In the event that
creation, enhancement or restoration as a form of
compensation is chosen for mitigation, the applicant or
violator shall provide a wetland or stream mitigation plan
for approval. The plan shall provide information on land
acquisition, construction, maintenance and monitoring of
the created, enhanced or restored wetland or stream that
recreates as nearly as possible the original wetland or
stream in terms of function, geographic location and
setting. All mitigation plans shall be prepared by a
wetlands specialist, submitted by the applicant, and
contain the following information:
(1) Data collected and synthesized for the
newly created, enhanced or restored site;
(2) Specific goals and objectives describing site
function, target species and selection criteria;
(3) Performance standards which shall include
criteria for assessing goals and objectives;
(4) Contingency plans which clearly define
course of action or corrective measures needed if
performance standards are not met;
(5) A legal description and a survey prepared
by a licensed surveyor of the proposed development site
and location of the wetland or stream on the site;
(6) A scaled plot plan indicating the proposed
construction location, zoning setback requirements, and
sequence of construction phases. The plan also shall
include cross-sectional details, topographic survey data
(including percent slope and existing and finished grade
elevations) and other technical information, as required, in
sufficient detail to explain, illustrate and provide for:
i. Soil and substrate conditions,
topographic elevations, scope of grading proposal, and
erosion and sediment treatment and source controls
needed for wetland or stream construction and
maintenance;
ii. Planting plans specifying plant species,
types, quantities, locations, sizes, and spacing; the planting
season or timing; watering schedule; nutrient requirements
for planting and, where appropriate, measures to protect
plants from destruction;
iii. Water-quality parameters; turbidity
class and criteria for water quality as set forth in WAC
173-201, Water Quality Standards for Surface Waters of
the State of Washington, during construction and after
completion; water source; water depths; water control
measures and water level maintenance practices needed to
achieve the necessary ambient water conditions; and
hydrocycle or hydroperiod characteristics;
iv. Contingency or mid-course corrections
plan; and
v. A monitoring plan, for a period of not
less than three years, which establishes responsibility for
removal of exotic and nuisance vegetation and for
permanent establishment of the wetland or stream and all
its component parts;
(7) A clearly defined approach to assess
Tables-1 (Revised 5/03)
Ordinance Table
Information on the disposition of ordinances prior to 4848 can be found in the office of the city clerk.
Number Subject
4848 Recodifies Chapter 5.50 as Chapter 18.06, ambulance services (18.06)
4849 Amends § 21.22.240, critical lands ordinance (21.22)
4850 Repeals and replaces Chapter 9.88 and Title 9A, criminal code (9.88, 9A.04, 9A.08, 9A.12,
9A.16, 9A.20, 9A.24, 9A.28, 9A.32, 9A.36, 9A.40, 9A.44, 9A.48, 9A.52)
4851 Amends § 6.32.110, noise levels (6.32)