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HomeMy WebLinkAbout03 bremerton0204_supp3SUPPLEMENT DIRECTIONS BREMERTON MUNICIPAL CODE Supplement No. 3 – February 2004 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 4883, passed December 23, 2003. Remove these pages Insert these pages Title 2 Table of Contents .......................... Table of Contents — ..................................................................... 2.01-1 2.05-1 ............................................................... 2.05-1 2.76-1 – 2.76-3 .................................. 2.74-1 – 2.76-4 Title 3 Table of Contents .......................... Table of Contents 3.01-1 – 3.01-C2 ............................. 3.01-1 – 3.01-C2 3.01-D1 – 3.01-G1 ...................... 3.01-D1 – 3.01-G1 3.10-1 ..................................................................... — 3.38-1 ..................................................................... — 3.50-1 – 3.50-2 ............................... 3.50-1 – 3.50-2.1 3.82-1 – 3.82-2 .................................. 3.82-1 – 3.82-2 Title 7 Table of Contents .......................... Table of Contents 7.12-1 – 7.16-1 .................................. 7.12-1 – 7.14-3 Title 11 11.02-1 – 11.02-2 ....................... 11.02-1 – 11.02-2.1 11.02-7 – 11.02-9 ........................ 11.02-7 – 11.02-10 Title 15 15.06-1 – 15.06-2 ....................... 15.06-1 – 15.06-2.1 15.06-A1 – 15.06-A7 .............. 15.06-A1 – 15.06-A7 Title 21 Table of Contents .......................... Table of Contents Tables 1 ......................................................................... 1 – 2 Please call Code Publishing Company (206-527-6831) should questions arise while removing and replacing supplement pages. (Revised 2/04) Updated by: _______ Dated: ____________ (Revised 2/04) Title 2 ADMINISTRATION AND PERSONNEL Chapters: 2.01 ELECTED OFFICIALS - PERS 2.02 CITY BUSINESS HOURS 2.03 MAYOR 2.04 CITY COUNCIL 2.05 DEPARTMENTS AND DIRECTORS 2.06 OFFICE OF THE CITY ATTORNEY 2.07 ECONOMIC DEVELOPMENT DEPARTMENT 2.08 ADMINISTRATIVE SERVICES DEPARTMENT 2.09 FINANCE DEPARTMENT 2.10 DEPARTMENT OF PUBLIC WORKS AND UTILITIES 2.11 TRAFFIC SAFETY COMMISSION 2.12 PLANNING COMMISSION 2.13 ADMINISTRATIVE HEARING EXAMINER 2.14 INVESTMENT COMMITTEE 2.15 DEPARTMENT OF COMMUNITY DEVELOPMENT 2.16 FIRE DEPARTMENT 2.17 PARKS AND RECREATION DEPARTMENT 2.18 AUDIT COMMITTEE AND CITY AUDITOR 2.19 POLICE DEPARTMENT 2.20 BONDS FOR OFFICERS 2.22 HUMAN RESOURCES DEPARTMENT 2.26 EMERGENCY MANAGEMENT ORGANIZATION 2.28 EQUAL EMPLOYMENT OPPORTUNITY PROGRAM 2.30 OFFICE OF CIVIL SERVICE 2.46 EMPLOYEE AWARD PROGRAM 2.48 EMPLOYEES IN MILITARY 2.50 MANAGEMENT AND PROFESSIONAL STAFF COMPENSATION PROGRAM 2.62 BREMERTON MUNICIPAL COURT 2.74 TRAVEL AUTHORIZATION AND EXPENSE REIMBURSEMENT 2.76 PURCHASING PROCEDURES 2.78 REAL PROPERTY TRANSACTIONS 2.79 PERSONAL PROPERTY DISPOSAL 2.88 DISABILITY ACTION COMMITTEE 2.90 INDEMNITY OF PERSONNEL 2.92 OFFICE OF RISK MANAGEMENT AND SAFETY 2.96 CODE OF ETHICS 2.98 BREMERTON RESERVE OFFICER BOARD OF TRUSTEES 2.100 PUBLIC ACCESS CITIZENS ADVISORY COMMITTEE 2.01-1 (Revised 2/04) Chapter 2.01 ELECTED OFFICIALS - PERS Sections: 2.01.010 PUBLIC EMPLOYEES RETIRE- MENT SYSTEM - ELECTED OFFICIALS. 2.01.010 PUBLIC EMPLOYEES RETIRE- MENT SYSTEM - ELECTED OFFI- CIALS. The City Council hereby exercises its discretion, as authorized pursuant to RCW 41.40.023 and WAC 415- 108-550, to pay employer contributions and interest thereon on established Public Employees Retirement System (PERS) accounts of qualified City elected offi- cials. A qualified City elected official making applica- tion for and having established membership in PERS during his or her term of office, and having elected to establish service credit retroactive to the first day of any previous elected term or terms of office, shall be entitled to employer contributions, plus interest, payable by the City, pursuant to RCW 41.40.023 and WAC 415-108- 550 as currently enacted and as hereafter amended. The Department of Human Resources is authorized to pro- cess applications for reimbursement consistent with this section. (Ord. 4877 §1, 2003) 2.05-1 (Revised 2/04) Chapter 2.05 DEPARTMENTS AND DIRECTORS Sections: 2.05.010 DEPARTMENTS. 2.05.020 APPOINTMENT AND CONFIR- MATION OF DEPARTMENT DIRECTORS. 2.05.010 DEPARTMENTS. Departments of the City of Bremerton are created pursuant to the chapters and their provisions as follows: (Ord. 4810, Added, 09/14/2002) 2.05.020 APPOINTMENT AND CONFIRMA- TION OF DEPARTMENT DIREC- TORS. (a) Mayoral appointments of department directors shall be subject to confirmation by the City Council. Prior to an appointment or a provisional appointment to a newly created department director’s position or prior to confirmation of an appointment to a vacancy of department director’s position, a job description for the position as well as the anticipated employment contract, if any, shall be submitted to the City Council for review and approval. The appointment and confirmation shall be pursuant to the terms and conditions as approved by the City Council. The Mayor may make provisional appointments to fill the vacancy of a department direc- tor. No provisional appointment(s) to a non-civil ser- vice department director’s position shall extend beyond one hundred twenty (120) days from the date of original appointment without the consent of the City Council. Provisional appointments to a civil service department director’s position shall be made pursuant to civil ser- vice rules. Upon the provisional appointment to a vacancy, the Administration shall notify City Council of such appointment. (b) The appointees, when confirmed, shall serve as “at will” employees subject to termination by the Mayor without cause at any time with no notice or hear- ing unless otherwise provided pursuant to applicable civil service rule or regulation, the City Charter, ordi- nance, or terms and conditions as approved by the City Council. (c) Pursuant to the City Charter, the City Attorney may be removed by the Mayor with the concurrence of a majority of the City Council sitting as a whole, or by the City Council alone; provided, that removal by the City Council alone shall require a two-thirds (2/3) vote of the entire City Council. (Ord. 4867 §1, 2003; Ord. 4810, Added, 09/14/2002) Chapter 2.06 Office of the City Attorney Chapter 2.07 Economic Development Depart- ment Chapter 2.08 Administrative Services Depart- ment Chapter 2.09 Finance Department Chapter 2.10 Department of Public Works and Utilities Chapter 2.15 Department of Community Devel- opment Chapter 2.16 Fire Department Chapter 2.17 Parks and Recreation Department Chapter 2.19 Police Department Chapter 2.22 Human Resources Department 2.74-1 (Revised 2/04) Chapter 2.74 TRAVEL AUTHORIZATION AND EXPENSE REIMBURSEMENT Sections: 2.74.010 PURPOSE. 2.74.020 PROCEDURE. 2.74.010 PURPOSE. To establish a policy and procedure pursuant to RCW 42.24.090 related to City official and employee expenses incurred while conducting official City busi- ness, use of purchase/credit cards for travel purposes, obtaining travel authorization, and reimbursing City officials and employees for expenses incurred while conducting City business, and to implement the follow- ing. (Ord. 4871 §2 (in part), 2003) 2.74.020 PROCEDURE. (a) Authorization to Travel. Travel by City offi- cials and employees, City Council, members of boards and commissions shall be specifically provided for in an approved budget and as provided below: (1) Specific trip authorization shall be approved as provided by subsection (e) of this section. (2) Board and Commission Members. Work- shops, seminars and conferences are normally included in budget requests. (3) Unanticipated or special travel (e.g., out- of-state travel) may be approved provided such travel request is submitted to the Finance Department or Mayor in writing with justification for such travel. (b) Eligible Expenditures. Generally, eligible expenditures include travel and living costs incurred by the employee while away from the City and expenses incurred within the City necessitated by City business. In the Bremerton area, necessary expenses will be reim- bursed only for an employee representing the City in his/her official capacity and in the discharge of his/her duties. Such in-City expenses should first be authorized as provided for in subsection (e) of this section. Eligibility for purchase/credit card charges and expense reimbursement will be based on the following conditions: (1) Registration. Actual cost of registration of any employee at a meeting, conference, or convention for which he/she has received approval. Registration should be prepaid by use of department purchase/credit card. If it is not possible to prepay registration fees, receipts must be submitted for reimbursement, or accompany the purchase/credit card billing statement. Employees shall attend all conferences, meetings, and training sessions that are paid for at City expense. (2) Transportation. Actual costs for bus travel, train travel, taxi, car rentals, parking fees, and air travel are eligible; provided, all air travel shall be by government rates, Internet rates or economy class, whichever is the most cost effective rate for travel. Employees using a personal vehicle to travel on City business will be reimbursed at the rate estab- lished by the Internal Revenue Service. Payment shall not exceed economy class airfare (government rate or Internet rate) to and from the same destination for employees traveling to out of town destinations on City business using a personal vehicle. Employees shall pro- vide reasonable documentation of destination mileage and general purpose of business on reimbursement travel expense vouchers; however, frequent local use of a personal vehicle by an employee for City business may be accumulated and reported on a monthly basis as one (1) reimbursable expense. While using a City-owned vehicle on City business, the employee shall secure a City pur- chase/credit card from the department director through authorization from the Finance Department and use it for purchases of gasoline, oil, emergency repairs, or other related expenses. (3) Lodging. Actual cost of hotel or motel accommodations is an eligible expense. If a family member or guest accompanies the employee, the employee shall pay for the amount over that of a single accommodation. The single accommodation rate must be noted on the hotel/motel statement. Employee shall always secure the most cost effective government rate or Internet rate available. (4) Meals. An individual shall be deemed on travel status where the travel includes reimbursable lodging. Any employee traveling on City business shall receive an allowance of up to forty-two dollars ($42.00) per day, including tax and tip (up to fifteen percent (15%) gratuity), for meals if all meals are paid by the employee. If less than three (3) meals a day are to be paid by the employee, then the following schedule shall be used: Breakfast - nine dollars ($9.00); Lunch - twelve dollars ($12.00); and Dinner - twenty-one dollars ($21.00). The Finance Department shall evaluate this daily meal allowance schedule each year and may approve appropriate adjustments to the meal allowance if deemed appropriate and necessary to stay current on meal costs. The department director shall determine what meals shall be allowed based upon the times and dates of travel. Where conference registration or training tuition fees include one (1) or more meals, the City shall reimburse only those meals not covered by such fees. Where a conference offers meals in conjunction with (Revised 2/04)2.74-2 the conference program, but does not include those meals in the registration fee, the City shall pay for those meals selected by the employee. If the employee elects not to participate in one (1) or more meals offered by the conference, the regular per diem guidelines shall be used for those meals. Receipts for meals must be sub- mitted for the City to reimburse an employee, except in such cases where the employee cannot obtain a receipt or has lost a receipt and documents such on the employee’s travel expense claim form. Excess meal expense shall only be considered because of location or other unusual circumstances. The department director and Director of Finance or Mayor must approve all excess meal expenses. Expenses for meals where City business is conducted and that could reasonably occur during non- meal periods are not eligible for reimbursement. Meals for City Council, Mayor and City staff conducting for- mal City business during meal times are specifically authorized. Non-travel status travel expense need not be pre-approved prior to such expense being incurred unless a department director who would normally approve such expenditures after the fact has set an inter- nal procedure that requires such pre-approval. Where pre-approval has not been required and the person pro- posing to incur the expense has any question about the legitimacy of the expense, pre-approval should be obtained. Individuals who incur non-travel status travel expense without pre-approval incur such expense at their own risk (i.e., if reimbursement or authorization of the charge on a City credit card has not been approved, the expense will be the individual’s personal obliga- tion). Travel expense incurred while on travel status requires the pre-approval as set forth in subsection (f) of this section. The act of obtaining a City purchase/credit card does not indicate pre-approval of expenses. Individuals may be reimbursed for single non- travel status meal expenses from the petty cash fund, provided proper documentation and approval is submit- ted. Except for lodging where individuals share the same room or transportation conveyance (cab, rental car, etc.), each individual seeking reimbursement must incur his/her own expenses and seek individual reim- bursement. The only exceptions are group meals arranged for working sessions or banquets arranged by a department. (5) Laundry Service. Actual cost of laundry service is an allowable expense when employees are required to be away from the City for more than six (6) days at one (1) time or the conditions under which they are required to work while away from the City create a more than normal need for such services. (6) Telephone. Charges for telephone are eli- gible for reimbursement if City business requires such communication. Employees staying outside of the City of Bremerton on business are allowed one (1) personal call to the employee’s home at City expense. Such calls shall not exceed ten dollars ($10.00). Any personal calls in excess of ten dollars ($10.00) are to be paid by the employee. (c) Ineligible Expenses. None of the following expenses shall be paid by the City: (1) travel paid for by any other organization, (2) alcoholic beverages, (3) valet services, (4) meals or lodging accommodations for family or guest, (5) tour bus fees for sightseeing tours, (6) mileage if traveling as a passenger in a privately owned car, (7) trip insurance, (8) hosting, or (9) any other personal expenditures for entertainment or other purposes. (d) Documentation of Expenses. All actual expenses shall be submitted to the Finance Department (for reimbursement) on the travel expense claim form. In the case of lodging expenses, a detailed statement of charges must be submitted. Each employee is expected to submit his/her own travel expense voucher reflecting reimbursable expenses actually incurred. If lodging accommodations are shared between two (2) or more employees, the employee paying the bill may submit the lodging portion of the billing for all such employees. Claim of any questionable charge that could rea- sonably raise a question should be accompanied by an explanation of such charge. (e) Approvals. Travel and expense reimbursement or purchase/credit card payment authorization under this policy must be signed, approved, and filed in the Finance Department on a travel expense claim form. Normally, purchase/credit card charge receipts are to be submitted no later than twenty (20) days after the return from travel. The City Council, through the submittal of travel/training approval forms, shall generally approve travel for City employees during the annual budget pro- cess. All out-of-state travel must be approved in advance by the Mayor. Other in-state, non-budgeted travel, reimbursement for expenditures and pur- chase/credit card charges shall be made pursuant to the normal travel expense claim form duly verified by the claimant and submitted for final approval as noted below: (1) If the City Council, approval will be made by the President of the City Council. (2) If the Mayor, by the City Council through the budget process. (3) If department director, approval by the Mayor or City Council through the budget process. (4) If other employees, by the employee’s direct supervisor and/or department director. (f) Travel Arrangements. When employees are making travel and accommodation arrangements, it shall be the responsibility of the employee to obtain 2.74-3 (Revised 2/04) government discount rates or Internet rates. Employees are expected to make travel and lodging reservations in advance whenever possible and to take other actions to ensure that travel and lodging is secured at the most rea- sonable rate possible. (g) Procedure. (1) Request for reimbursement of allowable travel expenses shall be prepared by the employee claiming reimbursement on the travel expense claims form with all of the required receipts. Reimbursement will not be made if the required receipts are not attached. The travel expense claim form will then be processed through the next accounts payable run. (2) The Department of Finance may authorize the use of a City purchase/credit card to employees for the sole purpose of payment of expenses for authorized travel and in accordance with RCW 42.24.115. The City Council, Mayor and department directors may hold a City purchase/credit card issued by the Finance Department for the sole purpose of covering expenses incident to conducting City official business pursuant to BMC 2.76.550. (3) The purchase/credit card form must be completed and presented to the Finance Department to obtain the purchase/credit card. (4) If a purchase/credit card was obtained from the Finance Department or department director on an interim basis, it must be surrendered by the employee to the Finance Department or department director within two (2) business days after returning from the authorized travel. (5) Purchase/credit card reconciliation of the expenses shall require the completion of a travel expense claim form. Each expense shall be itemized separately with the corresponding purchase/credit card receipt attached. (6) Disallowed charges or charges not prop- erly identified will be paid by the employee before the charge card billing is due. Failure to do so will render the employee personally liable for the unpaid amount plus interest at the rate charged by the bank that issued the credit/purchase card. If, for any reason, disallowed charges are not repaid before the purchase/credit card billing is due and payable, the City shall have a prior lien against and a right to withhold any and all funds payable or to become payable to the employee in the amount of the disallowed charges, plus interest. (7) The Mayor and Director of Finance are authorized to implement any additional policies or administrative procedures necessary to implement the provisions of this chapter. (8) Employees shall be restricted from use of their own personal credit cards for travel, meals, lodg- ing and other related expenses, except in such cases when the employee has not been issued or does not have access to a City purchase/credit card. (Ord. 4871 §2 (in part), 2003) 2.76-1 (Revised 2/04) Chapter 2.76 PURCHASING PROCEDURES Sections: 2.76.100 GENERAL PURCHASES - UNDER $20,000.00. 2.76.200 FORMAL BID - OVER $20,000.00. 2.76.300 PROFESSIONAL AND PUR- CHASED SERVICES. 2.76.400 PUBLIC WORKS CONTRACTS. 2.76.500 AMENDMENTS, CHANGE ORDERS AND WORK CHANGE DIRECTIVES. 2.76.550 CREDIT/PURCHASE CARD USE. 2.76.600 EXCEPTIONS TO REQUIRE- MENTS OF CHAPTER. 2.76.100 GENERAL PURCHASES - UNDER $20,000.00. (a) A department manager or designee, acting within their department budget appropriation, may authorize the purchase of goods, materials and equip- ment, or the lease or rental of equipment costing less than twenty thousand dollars ($20,000.00). Projects or purchases may not be divided into units or phases to avoid bid call requirements. (b) If the cost is less than twenty thousand ($20,000.00), the Purchasing Officer has the authority to determine whether the acquisition is made in the best interests of the City through the use of telephonic or fac- simile quotations, sealed quotation or formal bid call. (c) The responsible department and Purchasing Officer shall consider those business factors normally relied upon to achieve the most satisfactory perfor- mance at the lowest cost. These shall include, but are not limited to, costs of acquisition, shipping costs, delay of acquisition, life cycle cost and City tax revenue which might be receivable by purchasing within the City limits. (d) Further, in making purchases of goods and materials under this chapter, the City shall seek to max- imize purchase of products manufactured from recycled materials or products suitable for re-use, unless such use will place an unreasonable financial burden on the City or result in undue degradation in quality or perfor- mance. (Ord. 4682, Amended, 12/31/1999; Ord. 4562, Amended, 08/15/1996; Ord. 4492 §1 (in part), 1994) 2.76.200 FORMAL BID - OVER $20,000.00. (a) The procurement of goods, materials or equip- ment for which the cost of a single item or a quantity of a single item is in excess of twenty thousand dollars ($20,000.00), including sales transaction taxes, shall be by bid call. (1) If the item(s) is approved in the current budget, the responsible department shall provide the purchasing division with technical specifications and bidding instructions. (2) If the item(s) requested is not in the cur- rent budget, a Budget Adjustment form and Capital Asset form (if necessary) must be approved by City Council. (Ord. 4682, Amended, 12/31/1999; Ord. 4562, Amended, 08/15/1996; Ord. 4492 §1 (in part), 1994) 2.76.300 PROFESSIONAL AND PURCHASED SERVICES. (a) General. (1) Professional Services are defined as a vocation, calling, occupation or employment requiring a license, degree, labor, skill or special knowledge wherein the labor or skill involved are predominantly mental or intellectual rather than physical. They include, but are not limited to, consulting on: legal, planning, architectural, engineering or instructional ser- vices. (2) Purchased Services are defined as general support services provided by a vendor to accomplish routine, continuing, and necessary functions. They include, but are not limited to: court reporting, data entry, word processing, language translation, equip- ment repair and maintenance, landscape maintenance, cleaning and janitorial service. i. As needed or annually, the City may advertise in a newspaper of general circulation its pro- jected needs for Professional and Purchased Services disciplines. (3) Any contract for professional or pur- chased services for which the estimated cost to purchase said services is under ten thousand dollars ($10,000.00) shall be approved and entered into pursuant to such terms and conditions as may be authorized by the direc- tor of the department for which the contract is made. Any contract for professional or purchased services for which the estimated cost to purchase said services is ten thousand dollars ($10,000.00) or more must be in writ- ing and approved by the Mayor and the Mayor shall pro- vide reports to the City Council for such contracts he or she approves to the extent and in a format as requested by the Council. Any contract for professional or pur- chased services for which the estimated cost to purchase said services is twenty thousand dollars ($20,000.00) or more must be in writing and authorized by the City Council. Contracts for professional and purchased ser- vices are not required to follow the bid requirements of (Revised 2/04)2.76-2 BMC 2.76.200 but may be entered into through direct negotiations. Contracts may not be split into multiple purchases to avoid the authorization requirements set forth in this section. (b) Architectural and Engineering Services. (1) Pursuant to RCW 39.80.030, the City shall publish its requirements for architectural and engineering services on each occasion when services are required or annually. (Ord. 4792, Amended, 03/26/2002; Ord. 4737, Amended, 12/24/2000; Ord. 4682, Amended, 12/31/1999; Ord. 4562, Amended, 08/15/1996; Ord. 4492 §1 (in part), 1994) 2.76.400 PUBLIC WORKS CONTRACTS. (a) Public Works is defined as all work, construc- tion, alteration, repair or improvements other than ordi- nary maintenance of City owned structures, infrastructure and properties executed at the cost of the City. The cost of a public work shall include all amounts paid for materials, supplies, equipment and labor on the project. The City may not divide a public works project into phases in order to avoid compliance with bidding requirements. (1) Small Works Roster. In lieu of advertised formal bids, Small Works Roster Public Works projects with an estimated cost of greater than ten thousand dol- lars ($10,000.00), but less than two hundred thousand dollars ($200,000.00), shall be awarded by City Coun- cil. i. As needed or annually, the City shall advertise in a newspaper of general circulation its pro- jected needs for Small Works Projects Contractors. ii. Small Works Roster shall consist of all licensed contractors who have requested and are qualified to be on the roster. Proposals shall be solicited from at least five (5) contractors, if available, on the list and then at least one (1) of the invitees shall, if avail- able, be a qualified and certified minority or woman owned contractor. Contracts resulting from proposals submitted greater than ten thousand dollars ($10,000.00) shall be awarded by City Council. (2) Work By Force Account. In lieu of formal bids, Work by Force Account may be used to perform Public Works. Work by Force is the use of City employ- ees and City owned and/or purchased materials to per- form a Public Works Project, wherein the total cost of the project, including labor and materials, is less than twenty thousand ($20,000.00) if a single craft is involved or thirty-five thousand dollars ($35,000.00) if multiple crafts are used. i. If a single project has an estimated cost, including labor and materials in excess of fifteen thousand dollars ($15,000.00), the City shall, at least fifteen (15) days before beginning work, publish notice describing the work and estimated cost. ii. Work Force Account projects when aggregated, shall not exceed ten percent (10%) of the total dollar amount of the public works construction budget period. iii. The City shall maintain and preserve a full true and accurate account and record of all costs of executing the work as prescribed by budgeting, accounting and reporting laws. iv. A true copy of the account of record shall be filed by the Engineer in the office where the original plans and specifications are filed within sixty (60) days after the completion of the work. (Ord. 4792, Amended, 03/26/2002; Ord. 4492 §1 (in part), 1994) 2.76.500 AMENDMENTS, CHANGE ORDERS AND WORK CHANGE DIREC- TIVES. (a) Amendments or change orders to contracts requiring City Council approval under this chapter may be administratively approved by the Mayor if the changes are: (1) Within the scope of the project; (2) Consistent with an initial bid process, if any; (3) Executed in writing; and (4) An increase of the contract award amount (CAA) as follows: (b) The value of all change orders will be aggre- gated. When any single change order, or combined change orders on the same project or single purchase exceeds the value limit, the change must be approved by City Council, except in the following instances: (1) On service contracts used to accomplish an ongoing City program as opposed to completing a short term project or purchase, change order rules, including the aggregate rule, shall be applied on an annual basis. (2) Where the size of the contract and the exhausting of change order authority make further change order authorization impractical, the City Coun- cil may, upon recommendation of the Mayor, extend the aggregate limits of subsection (a)(4) for specific con- tracts. (c) A work change directive may be used to: Contract Award Amount Percentage Increase in CAA (the greater of) Limits Less than $100,000 30% or minimum Min. $0 Max. $30,000 $100,000 to $500,000 20% or minimum Min. $30,000 Max. $100,000 Greater than $500,000 10% or minimum Min. $100,000 Max. $250,000 2.76-3 (Revised 2/04) (1) Authorize and direct work that will result in an increase in contract price within the administrative authority of the Mayor as provided in subsection (a) for specific contracts. Work change directives that affect the contract price shall be incorporated into a change order. (2) Authorize and direct work that will result in an increase in contract price in excess of the adminis- trative authority of the Mayor as provided in subsection (a) where unforeseen conditions necessitate an immedi- ate change to avoid a contractor’s claim against the City for delays. The work change directive shall be incorpo- rated into a change order and presented to the City Council as soon thereafter as practicable. (3) Authorize and direct emergency work that may result in an increase in contract price in excess of the administrative authority of the Mayor as provided in subsection (a) where public health, safety and welfare are endangered. The work change directive shall be incorporated into a change order and presented to the City Council as soon thereafter as practicable. The City Council will be notified of work change directives issued in excess of the administrative author- ity of the Mayor as soon as practicable. (Ord. 4702, Amended, 05/14/2000; Ord. 4492 §1 (in part), 1994) 2.76.550 CREDIT/PURCHASE CARD USE. (a) The Director of Finance shall implement and maintain the following system for the distribution, authorization and control of credit/purchase cards issued to or for the benefit of the City and used by City officials and employees. (1) Distribution. Credit cards may be distrib- uted to those City officials and employees who, in the opinion of the Director of Finance or his/her designee, have job responsibilities that would benefit or otherwise be facilitated by use of credit/purchase cards. (2) Authorization and Control. The Director of Finance shall develop specific administrative guide- lines and accounting controls to ensure the proper usage of credit/purchase cards and related funds. Credit/pur- chase cards are to be used when it is in the best interest of City administrative affairs. (3) Application. The individual holder, upon prior approval of the Director of Finance or his/her des- ignee, shall use each credit/purchase card in a responsi- ble manner. (4) Credit Limits. The Director of Finance or his/her designee shall set credit/purchase limits on each card issued subject to final approval by the Mayor. Indi- vidual purchases shall not exceed five thousand dollars ($5,000.00) and in no event shall the credit/purchase card limit exceed ten thousand dollars ($10,000.00) for any individual credit/purchase card account without pre-approval of the Director of Finance and Mayor. (5) Credit Card Restriction. The following will be considered an unauthorized purchase or use of any City credit/purchase card: (i) Cash advances; (ii) Payment of invoices or statements; (iii) Purchases where an open charge account would be utilized; and (iv) Personal purchases of any kind. (6) Disallowed Charges. Disallowed charges or charges not properly identified will be paid by the employee before the charge card/purchase billing is due. Failure to do so will render the employee person- ally liable where the City shall have a prior lien against and a right to withhold any and all funds payable or to become payable to the employee up to the unpaid amount, plus interest and/or fees at the rate charged by the bank that issued the card. Employee shall not use the credit/purchase card if any disallowed charges are out- standing. The act of obtaining a City credit/purchase card does not indicate pre-approval of expenditures. (7) Return of Credit/Purchase Card. The employee shall return all City credit/purchase cards at the request of the Director of Finance or designee, or upon separation of employment. Final paycheck will be held until all outstanding City property has been returned. (b) The Mayor and Director of Finance are autho- rized to implement any additional policies or adminis- trative procedures necessary to implement the provisions of this section. (Ord. 4868 §1, 2003) 2.76.600 EXCEPTIONS TO REQUIREMENTS OF CHAPTER. (a) The City is not required to seek competitive bids when: (1) The City contracts for professional or pur- chased services; provided, however, that in contracting for architectural or engineering services, the City must comply with Chapter 39.80 RCW. (2) The City contracts with other political sub-divisions. (3) The City contracts for materials, goods and equipment in order to effectively respond to emer- gencies affecting public health and safety. (4) The City contracts for materials, goods or services and equipment with a person, firm or vendor who constitutes a sole or single source. (5) The City uses a Small Works Roster for public works projects as provided for in RCW 35.22.620. (6) In certain circumstances, it may be in the best interest of the City to waive bid call when goods can be obtained at a lower price than current state con- tract price. (Revised 2/04)2.76-4 (7) Acquisition of electronic data processing and telecommunications systems, hardware and soft- ware or related services is conducted through competi- tive negotiations. (b) In the event of a natural disaster or other cata- strophic event which results in the absence or incapaci- tation of a quorum of the City Council necessary to conduct City business, the Mayor shall have the author- ity to issue an interim emergency proclamation and to approve expenditure of appropriated funds necessary to respond to the emergency. (Ord. 4562, Amended, 08/15/1996; Ord. 4492 §1 (in part), 1994) (Revised 2/04) Title 3 REVENUE AND FINANCE Chapters: 3.01 RATES AND FEES 3.02 BUDGET STRUCTURE AND POLICY 3.04 LOCAL IMPROVEMENT GUARANTY FUND 3.06 PUBLIC ACCESS TELEVISION FUND 3.08 CLAIMS FUND 3.24 ARTERIAL STREET FUND 3.25 PARK DEVELOPMENT FUND 3.26 GIFT AND DONATION FUND 3.28 ADMINISTRATIVE TRUST FUND 3.30 RISK MANAGEMENT FUND 3.36 CONTINGENCY RESERVE FUND 3.40 CURRENT WATER FUND 3.42 STORMWATER OPERATING FUND 3.44 ADMISSIONS TAX 3.46 SALES OR USE TAX 3.48 BUSINESS AND OCCUPATION TAXES 3.50 UTILITY TAXES 3.52 MOTOR VEHICLE EXCISE TAX 3.56 FISCAL AND CREMATION AGENT 3.64 CIVIC IMPROVEMENT FUND 3.65 REPAIR AND DEMOLITION FUND 3.68 EQUIPMENT RENTAL RESERVE FUND 3.72 GAMBLING TAX 3.74 AMUSEMENT DEVICES 3.76 MOTOR VEHICLE lNTOXICATlON FUND 3.80 LEASEHOLD EXCISE TAX 3.82 COMMERCIAL PARKING TAX 3.84 EXCISE TAX ON REAL ESTATE SALES 3.86 ADMINISTRATIVE PROVISIONS FOR TAXES 3.88 WASTEWATER OPERATING FUND 3.96 DEFERRED COMPENSATION FUND 3.99 PENDERGAST REGIONAL PARK CONSTRUCTION FUND 3.01-1 (Revised 2/04) Chapter 3.01 RATES AND FEES Sections: 3.01.010 INCORPORATION OF RATE TABLES. 3.01.020 ADMINISTRATIVE SERVICES - RATE TABLE A. 3.01.030 MUNICIPAL COURT - RATE TABLE B. 3.01.040 COMMUNITY DEVELOPMENT - RATE TABLE C. 3.01.050 POLICE DEPARTMENT - RATE TABLE D. 3.01.060 FIRE DEPARTMENT - RATE TABLE E. 3.01.070 PARKS AND RECREATION DEPARTMENT - RATE TABLE F. 3.01.080 PUBLIC WORKS AND UTILI- TIES - RATE TABLE G. 3.01.100 NON-RESIDENTIAL USE OF CITY SERVICES. 3.01.010 INCORPORATION OF RATE TABLES. The following Rate Tables A through G attached to the ordinance codified in this chapter are incorporated herein by this reference and hereby adopted. Where the City has adopted State codes pursuant to Chapters 17.04 and 18.02 of the Bremerton Municipal Code, State rates listed for the Uniform Building, Plumbing, Mechanical and Fire Codes are adopted as City rates as listed in Tables C and E and are subject to uniform rate changes made by the State. (Ord. 4880 §1 (in part), 2003; Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4677, Added, 12/11/1999) 3.01.020 ADMINISTRATIVE SERVICES - RATE TABLE A. Regulatory License Fees Business License Fees Parking Fees Utility/Lien Search Fees Document Reproduction Check Handling Fee (Ord. 4880 §§1 (in part), 2 (in part), 2003; Ord. 4869 §1, 2003; Ord. 4859 Exh. A, 2003; Ord. 4835, Amended, 12/20/2002; Ord. 4807, Amended, 06/28/2002; Ord. 4803, Amended, 05/03/2002; Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4677, Added, 12/11/1999) 3.01.030 MUNICIPAL COURT - RATE TABLE B. Hearing Examiner Appeal Parking Fines (Ord. 4880 §§1 (in part), 2 (in part), 2003; Ord. 4865 Exh. A, 2003; Ord. 4835, Amended, 12/20/2002; Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4677, Added, 12/11/1999) 3.01.040 COMMUNITY DEVELOPMENT - RATE TABLE C. Subdivisions Shoreline Master Program State Environmental Policy Act (SEPA) Site Plan Review Appeal Abatements Building Permits Mechanical Permits Plumbing Permits Zoning Comprehensive Plan (Ord. 4880 §§1 (in part), 2 (in part), 2003; Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4677, Added, 12/11/1999) 3.01.050 POLICE DEPARTMENT - RATE TABLE D. Traffic Accident Reports Fingerprints Criminal History Check Verification Letter for Lost or Stolen Property Photo Prints Licenses for Dogs and Cats Alarm Compliance Fee Service Fee for Anti-Harassment Order Service of Arrest Warrants and Subpoenas (Ord. 4880 §§1 (in part), 2 (in part), 2003; Ord. 4810, Amended, 09/14/2002; Ord. 4807, Amended, 06/28/2002; Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4677, Added, 12/11/1999) 3.01.060 FIRE DEPARTMENT - RATE TABLE E. Ambulance Transport Fee Fire Rescue Boat Response Hazard Materials Response Stand-By Time Active Firefighting False Alarm Fee Sprinkler/Fire Alarm Plans (Ord. 4880 §§1 (in part), 2 (in part), 2003; Ord. 4835, Amended, 12/20/2002; Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4677, Added, 12/11/1999) (Revised 2/04)3.01-2 3.01.070 PARKS AND RECREATION DEPARTMENT - RATE TABLE F. Facility Use Rental Rates Sheridan Community Center Bremerton Senior Citizens Center Jarstad Aquatic Center Evergreen Park Shelters Athletic Field Blueberry Park - Pea Patch Program Fees and Charges Jarstad Aquatic Center Athletic Programs Bremerton Senior Citizens Center/Recreation Pro- grams Ivy Green Cemetery Gold Mountain Golf Complex (Ord. 4880 §§1 (in part), 2 (in part), 3 (in part), 2003; Ord. 4835, Amended, 12/20/2002; Ord. 4803, Amended, 05/03/2002; Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4728, Reaffirmed, 11/30/2000; Ord. 4677, Added, 12/11/1999; Ord. 4674, Amended, 11/30/1999) 3.01.080 PUBLIC WORKS AND UTILITIES - RATE TABLE G. Right-of-Way Permits Right-of-Way Vacation Telecom Master Permit Fee Telecom License Fee Utility/Lien Search Fee (Ord. 4880 §§1 (in part), 2 (in part), 2003; Ord. 4835, Amended, 12/20/2002; Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4677, Added, 12/11/1999) 3.01.100 NON-RESIDENTIAL USE OF CITY SERVICES. Non-City residents shall pay the rates shown on Rate Table F multiplied by one hundred twenty percent (120%) with the exception of daily admission fees and merchandise for sale. (Ord. 4880 §1 (in part), 2003; Ord. 4731, Reaffirmed, 11/30/2000; Ord. 4678, Added, 12/11/1999) ADMINISTRATIVE SERVICES – RATE TABLE A All Rates Listed Are “Not to Exceed” Fees 3.01-A1 (Revised 2/04) A. ADMINISTRATIVE SERVICES 1. REGULATORY LICENSE FEES RATE BMC 18.06 Ambulance Services Ambulance Inspections $60.00/veh BMC 5.17 Charitable Solicitation Non-Profit $25.00/60 days Professional Fundraiser $675.00/60 days BMC 5.22 Dance/Public $265.00/yr or $70.00/30 days BMC 5.96 Erotic Dance Studios $700.00/yr Dancers $100.00/yr BMC 9.48 Fireworks Stands $100.00/stand/yr BMC 10.24 Housemoving/Oversize Loads $600.00+$65.00/mile to .10 of a mile BMC 5.16 Mobile Food Vendor $150.00/veh/yr BMC 5.16 Peddlers $75.00/yr or $25/30days BMC 5.04 Petshops Grooming Parlors Animal Welfare Facilities $150.00/yr $50.00/yr $50.00/yr BMC 5.36 Special Events: Profit $675.00/event Non-Profit $70.00/event BMC 5.20 Street/Sidewalk Vendors $250.00/yr BMC 5.16 Temporary Merchant $400.00/30 days 2. BUSINESS LICENSE FEE BMC 5.02 $65.00/yr 3. PARKING On-Street Locations Not to Exceed $20.00/3 hrs $30.00/10 hrs ADMINISTRATIVE SERVICES – RATE TABLE A All Rates Listed Are “Not to Exceed” Fees (Revised 2/04) 3.01-A2 RATE Off-Street Location Not to Exceed $20.00/3 hrs $30.00/10 hrs Parking Garage Not to Exceed $140.00/mo 4. UTILITY/LIEN SEARCH FEES Per Parcel $30.00/search per parcel 5. DOCUMENT REPRODUCTION FEES Per Page $0.15/pg Audio or Video Tapes Cost of Tape +$8.50 Computer Disks $8.50 Certification $3.50 Blue Prints - Aerial Photos, Drawings, Maps $8.00/pg Documents: Medical Records $19.00/1st 5 pages $0.83/Pgs 6-31 $0.63/Pgs 31+ Fire Reports $0.15/pg Budget $25.00 Annual Report $25.00 6. CHECK HANDLING FEE $40.00 MUNICIPAL COURT – RATE TABLE B All Rates Listed Are “Not to Exceed” Fees 3.01-B1 (Revised 2/04) B. MUNICIPAL COURT RATE 1. HEARING EXAMINER APPEAL $65.00 2. PARKING FINES Overtime or Non-Payment in Collection Devices: 1st Violation in 30 Days $25.00 2nd Violation in 30 Days $32.00 3rd Violation in 30 Days $56.00 Loading Zones $17.00 No Parking $45.00 Wrong Way $45.00 Parked on Sidewalk $56.00 Fire Hydrant $45.00 12" From Curb $10.00 Physically Disabled (Public and Private) $250.00 Counterfeiting or User of Counterfeit Permits, Tokens or Script $500.00 Unauthorized Use of Permits $150.00 All Other Infractions Not Specified Above $27.00 Replacement of parking permit $10.00 Blocked Driveway $45.00 Expired Tabs $45.00 30 Foot to Stop Sign $45.00 Double Parked $45.00 No Stopping/No Standing $45.00 Parking Capacity Survey $250.00 COMMUNITY DEVELOPMENT – RATE TABLE C All Rates Listed Are “Not to Exceed” Fees 3.01-C1 (Revised 2/04) C. DEPARTMENT OF COMMUNITY DEVELOPMENT RATE 1. SUBDIVISIONS Short $1,000.00 + $150.00 per lot Long Plat $2,500.00 + $150.00 per lot Final Plat $315.00 2. SHORELINE MASTER PROGRAM Substantial Development Permit $650.00 Conditional Use Permit $1,750.00 Shoreline Variance $1,750.00 Permit Revision $325.00 Shoreline Exemption $200.00 3. STATE ENVIRONMENTAL POLICY ACT (SEPA) Checklist $320.00 Environmental Impact Statement Review/Adoption $650.00 + additional cost of expertise 4. SITE PLAN REVIEW Four or Less Residential Units $250.00 Others $500.00 5. APPEAL To Hearing Examiner $175.00 6. ABATEMENTS Dangerous Building $900.00 + direct service and supply cost Garbage & Weed $640.00 + direct service and supply cost 7. BUILDING PERMIT FEES - UBC Rates - Refer to Exhibit 1 8. MECHANICAL PERMIT FEES - UBC Rates - Refer to Exhibit 2 9. PLUMBING PERMIT FEES - UBC Rates - Refer to Exhibit 3 COMMUNITY DEVELOPMENT – RATE TABLE C All Rates Listed Are “Not to Exceed” Fees (Revised 2/04) 3.01-C2 RATE 10. ZONING ORDINANCE Ordinance Amendments Text $740.00 Rezone (Map Amendment) $740.00 Variance Administrative $325.00 Public Hearing/Single-Family $500.00 Public Hearing/Other $1,750.00 Planned Unit Development Residential Only $1,500.00 + $100.00/DU Industrial, Commercial, Mixed Use or Other $2,500.00 + $100.00/DU + $100.00/acre Development Agreements $1,600.00 Special Use Permit Administrative (No public hearing) $350.00 Hearing Examiner/SF Residential $500.00 Hearing Examiner/Other $1,750.00 Non-Conforming Use Determination $275.00 Director’s Code Interpretation $175.00 Zoning Verification Letter $125.00 11. COMPREHENSIVE PLAN Text or Map Amendment $1,500.00 Combined Text and Map Amendment $2,500.00 POLICE DEPARTMENT – RATE TABLE D All Rates Listed Are “Not to Exceed” Fees 3.01-D1 (Revised 2/04) D. POLICE DEPARTMENT RATE 1. TRAFFIC ACCIDENT REPORTS $7.00 2. FINGERPRINTS – 1st Card $8.00 Each Additional Card $8.00 3. CRIMINAL HISTORY CHECK $8.00 4. VERIFICATION LETTER FOR LOST OR STOLEN PROPERTY $8.00 5. PHOTO PRINTS Actual Cost of (Per Set When in Possession of the Department) Processing 6. LICENSES FOR DOGS AND CATS For Each Cat Spayed or Neutered $7.50 (Upon Proof of Spaying or Neutering) For Each Dog Spayed or Neutered $12.00 (Upon Proof of Spaying or Neutering) For Each Cat Not Spayed or Neutered $36.00 For Each Dog Not Spayed or Neutered $36.00 7. ALARM COMPLIANCE FEE 1st False Alarm in Any 1 Quarter $40.00 2nd False Alarm in the Same Quarter $80.00 3rd False Alarm in the Same Quarter $160.00 or Subsequent Alarms in a Calendar Quarter 8. SERVICE FEE FOR ANTI-HARASSMENT ORDER $40.00 9. SERVICE OF ARREST WARRANTS AND SUBPOENAS Arrest Warrant $15.00 + mileage Subpoena $6.00 + mileage Preparation of return of service $5.00 Mileage (for each mile actually and necessarily traveled by a member of the Police Department in going to or returning from any place of service, or attempted service) $0.25 per mile FIRE DEPARTMENT – RATE TABLE E All Rates Listed Are “Not to Exceed” Fees 3.01-E1 (Revised 2/04) E. FIRE DEPARTMENT RATE 1. AMBULANCE TRANSPORT FEE ALS Residents $425.00 ALS Non-Residents $490.00 BLS Residents $360.00 BLS Non-Residents $420.00 Mileage $5.00/mile 2. EMS SERVICE CALL TO ASSISTED LIVING, LONG TERM CARE AND ADULT CARE FACILITIES $100.00 After first response per quarter 3. FIRE RESCUE BOAT RESPONSE Resident $115.00 Non-Residents $200.00 4. HAZARD MATERIALS RESPONSE Rice Hull Ash Actual Cost per Bag Absorbent Pads Actual Cost per Bag 5. STAND-BY TIME Per crew of 3 $98.00/hour Fire Engine - Crew of 4 $115.00/hour 6. ACTIVE FIREFIGHTING Fire Engine $121.00/hour Aerial Ladder $200.00/hour 7. FALSE ALARM FEE $120.00 for second $225.00 for 3 or more per quarter 8. SPRINKLER/FIRE ALARM PLANS UBC or IFC Rates* *Uniform Building Code or International Fire Code PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not to Exceed” Fees 3.01-F1 (Revised 2/04) F. PARKS AND RECREATION DEPARTMENT NON-RESIDENT FEE - BASE FEE PLUS 20% 1. FACILITY USE RENTAL RATES Facility use policies apply Appropriate taxes are included in rates unless otherwise noted (a) SHERIDAN COMMUNITY CENTER – ROOM RENTAL RATES RATE (Group A) NON-COMMERCIAL – Rental Rates Recreation and/or educational purposes only Per hour, 2 hour minimum Daytime (Monday – Friday: 8:00 AM to 5:00 PM) Lounge $6.25 Room A, B, C, or Conference Room $5.00 Gym $15.00 Evenings (Monday – Friday: 5:00 PM to 10:00 PM)/ Saturday and Sunday Lounge $12.50 Room A, B, C $7.50 Conference Room $10.00 Gym $20.00 Party Package (Lounge & Gym) $25.00 Entire building – Up to 8 hours $400.00 Additional staff (per hour) $10.75 (Group B) COMMERCIAL – Rental Rates Recreational and/or educational purposes only Per hour, 2 hour minimum Daytime (Monday – Friday: 7:30 AM to 5:30 PM) Lounge $25.00 Room A, B, C $15.00 Conference Room $20.00 Gym $40.00 Party Package (Lounge & Gym) $50.00 Entire Building - Up to 8 hours $800.00 Additional Staff (per hour) $10.75 PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not to Exceed” Fees (Revised 2/04) 3.01-F2 RATE (b) BREMERTON SENIOR CITIZENS CENTER - ROOM RENTAL RATES (Group A) NON-COMMERCIAL – Rental Rates Room Rental Fees – per hour, 2-hour minimum Cardroom/Meeting Room $15.00 Main Room $25.00 Kitchen $10.00 Additional staffing per hour $10.75 Entire Facility up to eight (8) hours $200.00 (Group B) COMMERCIAL – Rental Rates Room Rental Fees – per hour, 2-hour minimum Cardroom/Meeting Room $30.00 Main Room $50.00 Kitchen $20.00 Additional staffing per hour $16.25 Entire Facility – Up to 8 hours $400.00 (c) JARSTAD AQUATIC CENTER (Group A) NON-COMMERCIAL – Rental Rates Private - Non-Profit Up to 50 participants Per hr $55.00 Staffing each added hr $10.00 51 - 100 Per hr $65.00 101 - 150+ Per hr $75.00 Gallery $5.00 Team Deep Lanes Per hr per lane $3.25 Shallow Lanes Per hr per lane $2.25 Staffing Per hr as needed $15.00 School Lessons Up to 35 students $55.00 36 - 45 students $65.00 46 - 55 students $75.00 PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not to Exceed” Fees 3.01-F3 (Revised 2/04) RATE (Group B) COMMERCIAL – Rental Rates Commercial Per hr $66.00 Deep Lanes Per hr per lane $6.60 Shallow Lanes Per hr per lane $4.40 Staffing Per hr as needed $15.00 (d) EVERGREEN PARK SHELTERS – RESERVATION FEES Four hour sessions per reservation unless noted. Note: Shelter #4 is not reservable. Use of shelter #4 is on a first come/first served basis. Parties who have reserved the other Evergreen Park shelters may not use this shelter at the same time. (Group A) NON-COMMERCIAL – Rental Rates Shelter 1 $30.00 Shelter 2, 3, 5, or 6f $15.00 Shelter 4 (not reservable) no charge Upper NAD $15.00 Lent Landing $15.00 (Group B) COMMERCIAL – Rental Rates Shelter 1 $60.00 Shelter 2, 3, 5, or 6 $30.00 Shelter 4 (not reservable) no charge Upper NAD $30.00 Lent Landing $30.00 (e) PARK RESERVATION PROCESSING FEES All Parks except Upper NAD and Lent Landing $10.00 (f) ATHLETIC FIELD – RESERVATIONS Per hour unless noted (Group A) NON-COMMERCIAL - Rental Rates $13.00 (Group B) COMMERCIAL - Rental Rates $24.00 Game Fee - Softball $24.00 Game Fee - Soccer $40.00 (g) BLUEBERRY PARK – PEA PATCH ANNUAL RATE Recreational purposes only $34.00 PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not to Exceed” Fees (Revised 2/04) 3.01-F4 RATE 2. PROGRAM FEES & CHARGES (a) NEW PROGRAMS Not to exceed cost plus 25% (b) GLENN JARSTAD AQUATIC CENTER ADMISSIONS Youth (0 - 3 yrs.) NC Youth (4 - 17 yrs.) $2.50 Adult (18 - 54 yrs.) $3.00 Seniors (55 & up) $2.50 Disabled $2.50 Adult Fitness $3.00 Senior Fitness $2.50 Disabled Fitness $2.50 Special Public $1.00 PUNCH CARDS Youth 10 punch $20.00 Youth 20 punch $40.00 Adult 10 punch $24.00 Adult 20 punch $48.00 Senior/Disabled 10 punch $20.00 Senior/Disabled 20 punch $40.00 Fitness/Lesson 10 punch $24.00 Fitness/Lesson 20 punch $48.00 Senior/Disabled Fitness 10 punch $20.00 Senior/Disabled Fitness 20 punch $40.00 PASSES Youth 6 months $108.00 Youth 12 months $207.00 Adult 6 months $132.00 Adult 12 months $253.00 Senior/Disabled 6 months $108.00 Senior/Disabled 12 months $207.00 SWIMMING LESSONS Youth/Adult 30 minimum $3.50 Private 30 minimum $13.00 Semi-Private 30 minimum $20.00 Parent Tot $3.00 Family Lessons 4 lessons $68.00 PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not to Exceed” Fees 3.01-F5 (Revised 2/04) ITEMS FOR SALE Basic goggles $5.50 Deluxe goggles $13.00 Latex cap $3.50 Ear plug $2.25 Nose plug $2.25 New items (includes Washington State Sales Tax) Not to exceed cost plus 75% (c) ATHLETIC PROGRAM FEES VOLLEYBALL Co-ed (Fall & Winter) per team $210.00 Men and Women (Spring) per team $210.00 Men and Co-ed Sand (Summer) per team $110.00 Open Gym (Oct. - June) per person $2.00 SOCCER Player’s fee per player $40.00 BASKETBALL Men’s League (Fall & Winter) per team $425.00 Boy’s League (Winter) per team $225.00 Girl’s League (Fall) per player $55.00 Blacktop League (Summer) no charge SOFTBALL Men’s League (Spring) per team $450.00 Men’s League - Players fee (Spg) per player $17.00 Sunday Co-ed (Spring) per team $330.00 Sunday Co-ed - Players fee (Spg) per player $12.00 Co-ed League (Fall) per team $360.00 Co-ed - Players fee (Fall) per player $13.00 Men’s League (Fall) per team $360.00 Men’s League - Players fee (Fall) per player $13.00 PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not to Exceed” Fees (Revised 2/04) 3.01-F6 RATE TOURNAMENTS (SOFTBALL AND SOCCER) " - INVITATIONAL TOURNAMENTS Lions - One Day $220.00 Lions - Two Days $350.00 Lions - Three Days $460.00 Pendergast - One Day $290.00 Pendergast - Two Days $485.00 Pendergast - Three Days $615.00 "- STATE TOURNAMENTS Lions - One Day $270.00 Lions - Two Days $400.00 Lions - Three Days $510.00 Pendergast - One Day $390.00 Pendergast - Two Days $580.00 Pendergast - Three Days $710.00 - Regional and National Tournaments will pay no less than State fees, but rates will be negotiated 3. SENIOR CITIZEN CENTER AND RECREATION DIVISION PROGRAMS (a) PROGRAM FEE FORMULAS. Except for the Senior Citizens’ Trip Program, participant fees for activities (programs, classes, events, etc.) promoted by the Senior Citizen Center and the Recreation Division are established by the following formulas: A. Activities when the instructor is on the payroll. [(Total class hours including preparation) x (Instructor’s hourly wage) x (1.2 Administration factor)] divided by (minimum # of students per activity) + (the cost of group supplies divided by minimum # of students) + Cost of individual class supplies, if applicable = Student class fee for City of Bremerton Resident. B. Activities when the instructor is on contract. [(Price per student required by the Instructor less class supply fees) x (1.2 Administration factor)] + Class supply fees = Student class fee for City of Bremerton Resident. C. Non-Resident Fees. For recreation classes, programs, swim passes and rentals - ranging from: $5.00 to $25.00 add on 20% $25.01 to $50.00 add a flat $5.00 $50.01 to $100.00 add a flat $10.00 $100.01 to $200.00 add a flat $20.00 $200.01+ add a flat $40.00 PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not to Exceed” Fees 3.01-F7 (Revised 2/04) For Senior Center activities, participants pay an annual membership fee of $5.50 (resident) or $11.00 (non-resident) in lieu of the 20% non-resident rate. RATE RESIDENT RATE NON-RESIDENT (a) ADULT BURIAL Grave Site $840.00 $1,008.00 Opening/Closing $576.00 Liner $498.00 $597.60 Oversize Liner (if required) $746.40 $895.68 Grave Side Service Preparation (optional) $146.40 $175.68 (b) VETERANS PLOT Opening/Closing $480.00 $576.00 Liner $498.00 $597.60 Oversize Liner (if required) $746.40 $895.68 Grave Side Service Preparation (optional) $146.40 $175.68 Stone Marker Setting $88.80 $106.56 Bronze Marker Setting $79.20 $95.04 (c) INFANT BURIAL Infant Plot in Babyland $205.20 $246.24 Opening/Closing $319.20 $383.04 Liner $224.40 $269.28 Grave Side Service Preparation (optional) $146.40 $175.68 (d) DISINTERMENT Removal & opening of new site $1,098.00 $1,317.60 Site Purchase $840.00 $1,008.00 Liner $498.00 $597.60 Removal (only) $722.00 $878.40 Cremaining $175.20 $210.24 (e) ADDITIONAL BURIAL COSTS 2 hour max. $146.40 $175.68 4 hour max. $292.80 $351.36 RATE (b) SENIOR CENTER TRIPS Actual costs plus 8% 4. IVY GREEN CEMETERY - FEES AND CHARGES PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not to Exceed” Fees (Revised 2/04) 3.01-F8 RATE RESIDENT RATE NONRESIDENT (f) LINERS Adult $498.00 $597.60 Infant $224.40 $269.28 Cremation Vault (2 piece) $120.00 $144.00 Oversize Liner (if required) $746.40 $895.68 (g) OPENING AND CLOSING Adult $480.00 $576.00 Infant (Babyland) $319.20 $383.04 Urn Interment (per urn) $87.60 $105.12 (h) BURIAL SITES Adult $840.00 $1,008.00 Infant (Babyland) $205.20 $246.24 Infant (any site not in Babyland) $840.00 $1,008.00 (i) INURNMENT Cement Vault $120.00 $144.00 Opening/Closing $87.60 $105.12 Grave Side Service Preparation (optional) $146.40 $175.68 Second Right of Inurnment $180.00 $216.00 (j) DISURNMENTS Urn $175.20 $210.24 (k) RAISE GRAVE $117.60 $141.12 (l) MARKERS 5" x 8" bronze plus tax $66.00 $79.20 4" x 12" x 2" x 3" plus tax $72.00 $86.40 8" x 16" x 2" x 3" plus tax $78.00 $93.60 10" x 20" x 2" x 3" plus tax $84.00 $100.80 12" x 24" x 2" x 3" plus tax $90.00 $108.00 12" x 24" bronze plus tax $90.00 $108.00 12" x 36" x 2" x 3" plus tax $132.00 $158.40 14" x 36" x 2" x 3" plus tax $132.00 $158.40 5. GOLD MOUNTAIN GOLF COMPLEX (a) CASCADE COURSE RATE Weekday 18 Holes* $27.00 Weekend/Holiday 18 Holes (3) $36.00 PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not to Exceed” Fees 3.01-F9 (Revised 2/04) RATE Weekday 9 Holes* $19.00 Weekend/Holiday 9 Holes $22.00 Weekday 9 Hole Continue* $8.00 Weekend/Holiday 9 Hole Continue $14.00 Twilight Weekday* $19.00 Twilight Weekend/Holiday $22.00 League Rate** $18.00 Senior 18 Holes* $21.00 Junior 18 Holes* $11.00 Junior Twilight Weekend/Holiday $13.00 Annual Pass Single $1,400.00 Annual Pass Couple $2,200.00 Annual Pass Senior Single** $900.00 Annual Pass Senior Couple** $1,400.00 Semi Annual Single $700.00/750.00 Semi Annual Couple $1,100.00/1,150.00 Semi Annual Senior Single** $450.00/$500.00 Semi Annual Senior Couple** $800.00/$850.00 Senior Punch Card** (2) $190.00 Regular 20 Round Punch Card $450.00 Regular 10 Round Punch Card $245.00 Low-Income Senior Punch Card** **** (2) $80.00 Corporate Pass - Non-Taxable* *** (2) $2,200.00 Corporate Pass - Taxable* *** (2) $2,200.00 Daily Private Cart $16.00 Shotgun Tournament (Not to Exceed) 18 Hole Green Fee $45.00 * Monday through Thursday ** Not for Saturday, Sunday or Holiday *** Beginning 1/1/02 the lots are reduced to 100 rounds **** Age 62 & up with household income < $18,000.00. RCW 71.38.070 1. A reduced rate, not less than the current twilight rate, may be offered with the approval of the Director of Parks & Recreation 2. May be used for twilight any day of the week including Holidays 3. Saturday, Sunday or Holiday (May – September Not to Exceed Rate) PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not to Exceed” Fees (Revised 2/04) 3.01-F10 RATE (b) OLYMPIC COURSE Weekday 18 Holes* $37.00 Weekend/Holiday 18 Holes (2) $54.00 Weekday 9 Holes* $21.00 Weekend/Holiday 9 Holes $30.00 Weekday 9 Hole Continue* $16.00 Weekend/Holiday 9 Hole Continue $24.00 Twilight Weekday* $20.00 Twilight Weekend/Holiday $24.00 League Rate** $18.00 Senior 18 Holes* $30.00 Junior 18 Holes* $20.00 Cascade Passes And Punch Cards $10.00 Shotgun Tournament (Not To Exceed 18 Hole Green Fee) (2) $65.00 * Monday through Thursday ** Not for Saturday, Sunday or Holiday **** Age 62 & up with household income < $18,000.00. RCW 71.38.070 1. A reduced rate, not less than the current twilight rate, may be offered with the approval of the Parks & Recreation Director. 2. Saturday, Sunday or Holiday (May – September Not to Exceed Rate) PUBLIC WORKS AND UTILITIES – RATE TABLE G All Rates Listed Are “Not to Exceed” Fees 3.01-G1 (Revised 2/04) G. PUBLIC WORKS AND UTILITIES DEPARTMENT RATE 1. RIGHT-OF WAY USE PERMITS FEES Type A (Short Term Use) Regular $140.00 Type B (Disturbance of ROW) Sidewalk Repairs $50.00 Driveway, Transverse Street Patch and Spot Patches $140.00 New Curb, Gutter & Sidewalk Longitudinal Street Patch $1.00/foot with a $140.00 minimum New Street $3.00/foot with a $600.00 minimum Water & Sewer Mains & Laterals ROW Permit $50.00 Type C (Long Term Use) Application and Processing $100.00 Use Longer Than One Year 1/10 adjoining land value set in the County Assessor’s records per square foot of impacted ROW annually with a $100.00 minimum. Use Shorter Than One Year 1/50 adjoining land value set in the County Assessor’s records per square foot of impacted ROW monthly with a $100.00 minimum. Type D Regular (Franchised Utility Routine Maintenance) $100.00 Plan Reviews $0.10/foot of improvement with $100.00 minimum Additional Work $40.00/hour + equipment charges 2. RIGHT-OF-WAY VACATION $547.00 3. TELECOM MASTER PERMIT FEE $500.00/one time 4. TELECOM LICENSE FEE $200.00/one time 3.50-1 (Revised 2/04) Chapter 3.50 UTILITY TAXES Sections: 3.50.010 EXERCISE OF REVENUE LICENSE POWER. 3.50.020 BUSINESS LICENSE - REQUIRED. 3.50.030 ADMINISTRATIVE PROVI- SIONS. 3.50.040 DEFINITIONS. 3.50.050 PERSONS SUBJECT TO TAX - AMOUNT. 3.50.060 DEDUCTIONS. 3.50.070 RULES AND REGULATIONS. 3.50.080 SEVERABILITY. 3.50.010 EXERCISE OF REVENUE LICENSE POWER. The provisions of this chapter shall be deemed an exercise of the power of the City to license and/or tax for revenue. The provisions of this chapter are subject to periodic statutory or administrative rule changes or judicial interpretations of the ordinances or rules. The responsibility rests with the licensee or taxpayer to reconfirm tax computation procedures and remain in compliance with the City code. (Ord. 4844, Added, 01/03/2003) 3.50.020 BUSINESS LICENSE - REQUIRED. It is unlawful for any person to engage in business in the City without having first obtained a business license pursuant to Chapter 5.02 BMC. (Ord. 4844, Added, 01/03/2003) 3.50.030 ADMINISTRATIVE PROVISIONS. The provisions contained in Chapter 3.86 BMC shall be fully applicable to the provisions of this chapter except as expressly stated to the contrary herein. (Ord. 4844, Added, 01/03/2003) 3.50.040 DEFINITIONS. For the purposes of this chapter, the definitions contained in Chapter 3.48 BMC shall apply equally to the provisions of this chapter as applicable unless the term is defined otherwise in this chapter. In addition, the following definitions will apply: “Cellular telephone service” is a voice or data tele- phone/telecommunications system based in whole or sub- stantial part on wireless radio communications, whether or not the communications are subject to regulation by the Washington Utilities and Transportation Commission (WUTC). This includes cellular mobile service. Cellular mobile service includes other wireless radio communica- tions services such as specialized mobile radio (SMR), personal communications services (PCS), and any other evolving wireless radio communications technology which accomplishes the same purpose as cellular mobile service. “Competitive telephone service” means the providing by any person of telephone telecommunications equip- ment or apparatus, or service related to that equipment or apparatus such as a repair and maintenance service, if the equipment or apparatus is of a type which can be provided by persons who are not subject to regulation as telephone companies under Title 80 RCW, and for which a separate charge is made. “Gross income” means the value proceeding or accruing from the sale of tangible property or service, and receipts (including all sums earned or charged, whether received or not) by reason of the investment of capital in the busi- ness engaged in, including rentals, royalties, fees, or other emoluments, however designated (excluding receipts or proceeds from the use or sale of real property or any inter- est therein, and proceeds from the sale of notes, bonds, mortgages, or other evidences of indebtedness, or stocks and the like) and without any deduction on account of the cost of the property sold, the cost of materials used, labor costs, interest or discount paid, or any expense whatso- ever, and without any deduction on account of losses. “Gross income from timber sales” means “stumpage value of timber” as defined in Chapter 84.33 RCW minus the costs of production including, but not limited to log- ging and trucking costs, fees and excise taxes. “Page service” means service provided by means of an electronic device that has the ability to send or receive voice or digital messages transmitted through the local telephone network, via satellite or any other form of voice or data transmission. “Reporting period” means a one-month period begin- ning the first day of each calendar month (monthly). “Solid waste collection service” means receiving solid waste from any facility or location within the City for transfer, processing, treatment, storage, or disposal, including, but not limited to, all collection services, public or private dumps or landfills, transfer stations, and other similar operations. “Solid waste,” for purposes of this subsection, means gar- bage, trash, rubbish, or other material discarded as worth- less or not economically viable for further use, infectious, hazardous, or toxic wastes, and recyclable or reusable materials collected, in whole or part, for recycling or sal- vage. “Telephone business” means the providing by any per- son of access to a local telephone network, local telephone network switching service, toll service, cellular or mobile (Revised 2/04)3.50-2 telephone service, coin telephone services, page service, or the providing of telephonic, video, data, or similar com- munication, or transmission for hire, via a local telephone network, toll line or channel, cable, microwave, or similar communication or transmission system. The term includes cooperative or farmer line telephone companies or associations operating exchanges. The term also includes the provision of transmission to and from the site of an internet provider via a local telephone network, toll line or channel, cable, microwave, or similar communica- tion or transmission system. “Telephone business” does not include the providing of competitive telephone ser- vice, or providing of cable television service, or other pro- viding of broadcast services by radio or television stations. (Ord. 4844, Added, 01/03/2003) 3.50.050 PERSONS SUBJECT TO TAX - AMOUNT. In addition to other taxes or fees that may be imposed or levied by the City, there is hereby levied upon all persons (including the City) engaging in busi- ness within the City, a fee or tax to be collected as fol- lows: (a) Gas. Upon every person engaging in the busi- ness of transmitting, distributing or the selling of manu- factured or natural gas, a fee or tax equal to six percent (6%) of the total gross income from such business con- ducted within the City. (b) Water. Upon every person engaging in the business of providing water utility service, a fee or tax equal to eight and one-half percent (8.5%) of the total gross income from such business conducted within the City. The total gross income from the business of pro- viding water utility service includes the “gross income from timber sales” of the utility as that term is defined in this chapter. (c) Wastewater. Upon every person engaging in the business of providing wastewater utility service, a fee or tax equal to eight and one-half percent (8.5%) of the total gross income from such business conducted within the City. (d) Stormwater. Upon every person engaging in the business of providing stormwater utility service, a fee or tax equal to eight and one-half percent (8.5%) of the total gross income from such business conducted within the City. (e) Cable. Upon every person engaging in the business of transmitting television signals by means of a cable distribution system commonly known as televi- sion cable service, a fee or tax equal to eight and one- half percent (8.5%) of the total gross income from such business conducted within the City. (f) Solid waste. Upon every person engaging in the business of providing solid waste collection service, a fee or tax equal to ten percent (10%) of the total gross income from such business conducted within the City. (g) Electricity. Upon every person engaging in the business of producing, transmitting, distributing or sell- ing electricity, a fee or tax equal to six percent (6%) of the total gross income from such business conducted within the City. (h) Telephone. Upon every person engaged in car- rying on a telephone business for hire or for sale of a commodity or a service within or partly within the cor- porate limits of the City, a tax for the privilege of so doing business, a tax equal to six percent (6%) of the total gross income rendered within the City. (1)“Deductions.” In computing the telephone tax, there shall be deducted from the gross operating revenues the following items: (i) Amounts derived from transactions in interstate or foreign commerce or from any business which the City is prohibited from taxing under the Con- stitutions of the United States or the State of Washing- ton. (ii) Amounts derived from that portion of network telephone service, as defined in RCW 82.04.065, which represents charges to another tele- communications company, as defined in RCW 80.04.010, for connecting fees, switching charges or carrier access charges relating to intrastate toll tele- phone services, or for access to, or charges for, inter- state services or charges for network telephone service that is purchased for the purpose of resale. (iii) Adjustments made to a billing or to a customer account or to a telecommunications company accrual account in order to reverse a billing or charge that had been made as a result of third-party fraud or other crime and was not properly a debt of a customer. (iv) A complete deduction from gross income shall be allowed for credit losses, only to cellu- lar telephone service companies which keep their regu- lar books of account on an accrual basis, for cash discounts and credit losses actually sustained by a tax- payer as a result of telephone service business. (2) Allocation of Income - Cellular Tele- phone Service. (i) Service Address. Payments by a cus- tomer for the telephone service from telephones without a fixed location shall be allocated among taxing juris- dictions to the location of the customer’s principal ser- vice address during the period for which the tax applies. (ii) Roaming Phones. When the service is provided while a subscriber is roaming outside the sub- scriber’s normal cellular network area, the gross income shall be assigned consistent with the taxpayer’s accounting system to the location of the originating cell site of the call, or to the location of the main cellular switching office that switched the call. (i) Except for solid waste, utility taxes will be fro- zen at their current rates for a period of two years through fiscal year 2005 unless City Council unfreezes 3.50-2.1 (Revised 2/04) the cap with a super-majority vote of the whole Council as seated. (Ord. 4882 §1, 2003; Ord. 4844, Added, 01/03/2003) 3.50.060 DEDUCTIONS. (a) There may be deducted from the total gross income, upon which the license fee or tax is computed, revenues derived from business which the City is pro- hibited from taxing under the constitution or laws of the state of Washington or the United States or the Charter 3.82-1 (Revised 2/04) Chapter 3.82 COMMERCIAL PARKING TAX Sections: 3.82.010 DEFINITIONS. 3.82.020 TAX RATE - WHO MUST PAY. 3.82.030 PAYMENT OF TAX. 3.82.040 TAX - COLLECTION. 3.82.050 OVER OR UNDERPAYMENT OF TAX. 3.82.060 PENALTY FOR LATE PAY- MENT. 3.82.070 VIOLATION - PENALTY. 3.82.080 APPEAL PROCEDURE. 3.82.090 CONFIDENTIALITY OF TAX RETURNS. 3.82.100 DUTIES OF THE TREASURER. 3.82.110 USE OF PROCEEDS OF TAX. 3.82.010 DEFINITIONS. For the purposes of this chapter, the following def- initions shall apply unless the context indicates other- wise: A.“Commercial parking business” means the ownership, lease, operation, or management of a commercial parking lot in which fees are charged. B.“Commercial parking lot” means a cov- ered or uncovered area with stalls for the purpose of parking motor vehicles. C.“Treasurer” means the Treasurer of the City of Bremerton. D.“Gross proceeds” means and includes the gross receipts collected or accruing by reason of the transaction of the commercial parking business, without any deduction on account of the cost of tangible prop- erty sold, labor costs, interest, discount, taxes, or any other costs or expenses whatsoever paid or accrued and without any deduction on account of losses. E.“Person” means any individual, associa- tion, corporation, partnership, joint venture, trust, or other entity. (Ord. 4732, Reaffirmed, 11/30/2000; Ord. 4679, Added, 12/16/1999) 3.82.020 TAX RATE - WHO MUST PAY. There is levied upon and shall be collected from every person engaged in a commercial parking business within the City a commercial parking tax in an amount equal to ten percent (10%) of the gross proceeds of the commercial parking business. (Ord. 4879 §1, 2003; Ord. 4840, Amended, 01/03/2003; Ord. 4732, Reaf- firmed, 11/30/2000; Ord. 4679, Added, 12/16/1999) 3.82.030 PAYMENT OF TAX. A. The tax imposed by this chapter shall be due and payable in quarterly installments, on or before the last day of the month next succeeding the end of the quarterly period in which the tax accrued. The quarterly periods are as follows: 1. First quarter: January, February, March 2. Second quarter: April, May, June 3. Third quarter: July, August, September 4. Fourth quarter: October, November, December B. The Treasurer may require payment of the tax to be accompanied by a written tax return, upon such form and setting forth such information as the Treasurer may reasonably require in order to calculate the amount of tax due to the City. C. The Treasurer shall have the right to require proof of the gross proceeds of the commercial parking business. Each person required to pay the tax imposed by this chapter shall retain records reflecting the gross proceeds of the commercial parking business and the records shall be open at all reasonable hours to inspec- tion by the Treasurer or the Treasurer’s designee. D. If the payment of any tax due under this chap- ter is not received by the City by the last day of the month in which the tax becomes due, the tax shall be delinquent. (Ord. 4732, Reaffirmed, 11/30/2000; Ord. 4679, Added, 12/16/1999) 3.82.040 TAX - COLLECTION. The tax imposed by this chapter, and all penalties thereon, shall constitute a debt to the City and may be collected by court proceedings in the same manner as any other debt in like amount, which remedy shall be in addition to all other existing remedies. Any judgment entered in favor of the City shall include an award to the City of all court and collection costs, including attor- neys’ fees. Amounts delinquent more than ninety (90) days may be assigned to a third party for collection, in which case the amount of any collection charges shall be in addition to all other amounts owed. Amounts due shall not be considered paid until the City has received good funds for the full amount due or has discharged the amount due and not paid. (Ord. 4732, Reaffirmed, 11/30/2000; Ord. 4679, Added, 12/16/1999) 3.82.050 OVER OR UNDERPAYMENT OF TAX. In the event that a person makes an overpayment, and within two (2) years of the date of such overpay- ment makes application for a refund or a credit, the per- son’s claim shall be allowed and a refund made by the City upon determination by the Treasurer that no other sums are owed by the person to the City. If a person determines that the tax has been underpaid and without (Revised 2/04)3.82-2 notice by any party pays the amount due to the City, the amount underpaid and corrected by the person shall not be subject to penalty. (Ord. 4732, Reaffirmed, 11/30/2000; Ord. 4679, Added, 12/16/1999) 3.82.060 PENALTY FOR LATE PAYMENT. (a) If payment of any tax due under this chapter is not received by the treasurer by the last day of the month in which the tax was due, there shall be added to such tax a penalty as follows: (1) One (1) to thirty (30) days, ten percent (10%) of tax due, minimum penalty of twenty-five dol- lars ($25.00); (2) Thirty-one (31) to sixty (60) days, fifteen percent (15%) of tax due, minimum penalty of fifty dol- lars ($50.00); (3) Sixty-one (61) days or more, twenty per- cent (20%) of tax due, minimum penalty of seventy-five ($75.00). (b) The treasurer shall notify the taxpayer by mail of the amount of any penalties so added or assessed, and the same shall become due and shall be paid within ten (10) days from the date of such notice. (Ord. 4732, Reaffirmed, 11/30/2000; Ord. 4679, Added, 12/16/1999) 3.82.070 VIOLATION - PENALTY. A. It shall be a violation of this chapter: (1) For a person required to pay a tax under this chapter to fail or refuse to pay the tax imposed; (2) For a person to evade payment of the tax, or any part thereof; (3) For a person to fail to appear and/or refuse to testify in response to a subpoena issued in any pro- ceeding under this chapter; (4) For a person to testify falsely upon any investigation into the correctness of a return, or upon the hearing of any appeal; or (5) For a person to in any manner hinder or delay the City or any of its officers in carrying out the provisions of this chapter. B. A person violating any of the provisions of this chapter, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500.00). A person is guilty of a separate offense for each and every day during the portion of which any violation of any provision of this chapter is committed, continued or per- mitted by any such person, and shall be punished accordingly. (Ord. 4732, Reaffirmed, 11/30/2000; Ord. 4679, Added, 12/16/1999) 3.82.080 APPEAL PROCEDURE. Any person aggrieved by the amount of the tax determined to be due to the City by the Treasurer under the provisions of this chapter, may appeal to the Hear- ings Examiner from such determination by filing a writ- ten notice of appeal pursuant to Chapter 2.62 of the Bremerton Municipal Code. (Ord. 4732, Reaffirmed, 11/30/2000; Ord. 4679, Added, 12/16/1999) 3.82.090 CONFIDENTIALITY OF TAX RETURNS. The tax returns made to the City pursuant to this chapter shall not be made public, nor shall they be sub- ject to inspection by a person who is not an employee of or under contract to the City and who is not acting in an official capacity. It shall be unlawful for any person to make public or to inform any unauthorized person as to the contents of a tax return, or to permit inspection of a tax return, except as authorized in this section or as required by law. This section shall not be construed to prohibit the disclosure of information received under this chapter to the Federal Internal Revenue Service, State Department of Revenue, or to tax enforcement officials of any other city in the State of Washington for official purposes only, and this section shall not be con- strued to prohibit or make unlawful the disclosure of the name and address of any person licensed under this chapter, or of any person signing an application on behalf of an applicant. (Ord. 4732, Reaffirmed, 11/30/2000; Ord. 4679, Added, 12/16/1999) 3.82.100 DUTIES OF THE TREASURER. A. The Treasurer shall keep full and accurate records of all funds received under the provisions of this chapter. Upon receipt of any tax or penalty collected under the provisions of this chapter, the Treasurer shall deposit the amounts collected into the street fund of the City. B. In order to carry out the provisions of this chapter, the Treasurer shall have the power to adopt, publish and enforce rules and regulations consistent with this Chapter. C. The Treasurer for good cause shown may extend the time for making and filing any tax return required under this chapter; provided, that any exten- sion in excess of thirty (30) days shall be conditioned upon payment of interest of one percent (1%) for each thirty (30) days or portion thereof on the amount of tax from the date upon which the tax became due. (Ord. 4732, Reaffirmed, 11/30/2000; Ord. 4679, Added, 12/16/1999) 3.82.110 USE OF PROCEEDS OF TAX. The proceeds of the tax imposed and collected pur- suant to this chapter shall be used strictly for transporta- tion purposes in accordance with RCW 82.80.070. (Ord. 4732, Reaffirmed, 11/30/2000; Ord. 4679, Added, 12/16/1999) (Revised 2/04) Title 7 ANIMALS Chapters: 7.04 GENERALLY 7.08 LICENSING AND LICENSING REQUIREMENTS 7.10 IMPOUNDMENT AND QUARANTINE 7.12 DANGEROUS ANIMALS 7.14 MISDEMEANORS, INFRACTIONS AND PENALTIES 7.12-1 (Revised 2/04) Chapter 7.12 DANGEROUS ANIMALS Sections: 7.12.010 POTENTIALLY DANGEROUS ANIMALS. 7.12.020 FAILURE TO CONTROL AN ANIMAL DECLARED POTEN- TIALLY DANGEROUS. 7.12.030 DANGEROUS ANIMALS. 7.12.040 POSSESSION OF AN ANIMAL DECLARED DANGEROUS. 7.12.010 POTENTIALLY DANGEROUS ANI- MALS. (a) Declaration of an Animal as Potentially Dan- gerous. The animal control authority shall have the authority to declare and restrict an animal potentially dangerous, if the animal control authority has probable cause to believe that the animal falls within the defini- tions set forth in BMC 7.04.020(v). The declaration must be based upon: (1) The written complaint of a citizen who is willing to testify that the animal has acted in a manner which causes it to fall within the definition of BMC 7.04.020(v); (2) Animal bite reports filed with the animal control authority; (3) Actions of the animal witnessed by any employee of the animal control authority or law enforcement officer; or (4) Other substantial evidence. (b) Exclusions. An animal shall not be declared potentially dangerous if the animal control authority determines, by a preponderance of the evidence, that the threat, injury, or bite alleged to have been committed by the animal was sustained by a person who was at the time committing a willful trespass or other tort upon the premises occupied by the owner of the animal, or who was tormenting, abusing, or assaulting the animal, or who had been in the past observed or reported to have tormented, abused, or assaulted the animal, or who was committing or attempting to commit a crime. (c) Restrictions. The animal control authority may impose any or all of the following restrictions on an ani- mal to protect the public safety or other animals: (1) Training. The animal control authority may require the owner of the potentially dangerous ani- mal and the animal to attend, complete, and pay all costs associated with an accredited obedience/training class or seminar. The animal control authority shall pre-approve any choice of class by the owner of the ani- mal, and proof of satisfactory completion of such train- ing shall be provided to the animal control authority upon completion, even if such type of training has been completed by the animal in the past. (2) Restraint. The animal control authority may require the owner of the potentially dangerous ani- mal to muzzle, leash, collar, confine, lock, isolate, or remove the animal from the City, or any combination of the foregoing. (3) Indemnification. The animal control authority may require the owner of the potentially dan- gerous animal to prove purchase of liability insurance or bond and renewals in the amount of fifty thousand dol- lars ($50,000.00) or more, as set by the animal control authority. The insurer/bond issuer must be qualified under RCW Title 48 and must provide coverage/funds to offset any injuries inflicted by the potentially danger- ous animal. All costs associated with the insur- ance/bond must be paid by the insured. (4) Warning. The animal control authority may require the owner of a potentially dangerous ani- mal to post all entrances to any property where such ani- mal is located with such visible warning sign(s) as the animal control authority deems necessary. (5) Financial Responsibility. The animal con- trol authority may require the owner of a potentially dangerous animal to pay any costs associated with enforcement of this section including, but not limited to, those stated above. (d) Prohibited Ownership. No person(s) under the age(s) of eighteen (18) years old shall own a potentially dangerous animal, as defined in BMC 7.04.020(v). (e) Notice of Animal Control Authority Declara- tion. If the animal control authority receives a report of a potentially dangerous animal, it shall immediately ini- tiate an investigation including, but not limited to, inter- viewing the complainant(s), interviewing the owner of the animal, if known, and observing the animal. Upon completion of its investigation, if the animal is declared potentially dangerous, the animal control authority shall prepare a written declaration. The declaration shall include, but is not limited to, a description of the animal, the name and address of the owner of the animal, if known, a brief summary of the facts upon which the declaration is based, a statement of any restrictions placed on the animal or owner as a consequence of the declaration, a statement of the penalties for further vio- lations, and notice of the right to appeal the declaration. (f) Service of Notice of Declaration. The animal control authority shall personally serve or send by certi- fied mail its declaration to the owner of the animal. If the owner is unknown, the animal control authority shall make reasonable efforts to notify the owner of its written declaration. (Revised 2/04)7.12-2 (g) Appeal to the Municipal Court Hearing Exam- iner. The owner of an animal declared potentially dan- gerous shall have seven (7) calendar days from receipt of the written declaration to appeal the declaration to the municipal court hearing examiner pursuant to BMC 2.62.045. Unless otherwise agreed to by the animal owner, the appeal hearing must be scheduled to be heard within twenty-one (21) calendar days from the City’s receipt of the notice of appeal. The municipal court hearing examiner shall provide written notice of the hearing date and time to the owner of the potentially dangerous animal and to the animal control authority. Such notice must be provided at least seven (7) calendar days prior to the scheduled hearing. (h) Hearing before the Municipal Court Hearing Examiner. At the appeal hearing before the municipal court hearing examiner, the animal control authority shall have the burden of proving that the animal is potentially dangerous by a preponderance of the evi- dence. The owner of the animal may present evidence in defense of the animal. The municipal court hearing examiner shall weigh the evidence presented by both the animal control authority and the owner (if applica- ble), and shall issue a written decision to the appealing animal owner and animal control authority that either sustains or reverses the animal control authority’s dec- laration. (i) Change of Ownership, Custody, and/or Resi- dence. Owners of an animal that has been declared potentially dangerous who sell, barter, or otherwise transfer the ownership, custody, or residence of the ani- mal shall, within fourteen (14) calendar days of the change, inform the animal control authority in writing of the name, address, and telephone number of the new owner, and/or the address of the new residence where the animal is located. Such notice shall also include the name, description, and license number of the animal. In the event the ownership and/or custody of the animal changes, the owner shall notify the new owner in writ- ing of the details of the animal’s record relating to being declared potentially dangerous and the terms and condi- tions of the declaration. The owner shall also provide the animal control authority with a copy of the written notification that shall contain a notarized statement by the new owner acknowledging receipt of the original notification. (j) Failure to Abide by Restraints. Failure on the part of the owner(s) of a potentially dangerous animal to abide by the restraints placed upon the owner(s) or their animal by the animal control authority, municipal court hearing examiner, district court, or superior court may result in impoundment of the potentially dangerous ani- mal by the animal control authority as well as further punitive action pursuant to BMC 7.12.020. (Ord. 4866 §1 (in part), 2003; Ord. 4807, Repealed & Replaced, 06/28/2002) 7.12.020 FAILURE TO CONTROL AN ANI- MAL DECLARED POTENTIALLY DANGEROUS. (a) Misdemeanor. When an animal has been pre- viously declared potentially dangerous, by a court, ani- mal control authority or municipal court hearing examiner, the owner of the potentially dangerous ani- mal shall be guilty of a misdemeanor if such animal is thereafter found: (1) At large; (2) To have, when unprovoked, inflicted a bite(s) upon a human, pet, or livestock either on public or private property; (3) To have chased or approached a person upon the streets, sidewalks, or any other public grounds in such a manner as to significantly threaten the safety of humans, pets, or livestock; or (4) To have caused injury to or otherwise threatened the safety of humans, pets, or livestock. This section shall not preclude immediate criminal prosecu- tion under RCW 16.08.100 in a first bite situation caus- ing severe injury or death of any human. (b) Impoundment of Potentially Dangerous Ani- mals. In the event that a potentially dangerous animal is impounded due to the owner’s failure to abide by the restraints imposed by the animal control authority, municipal court hearing examiner, district court, supe- rior court or municipal court, the animal shall be for- feited to the animal control authority unless the owner of the animal makes a written request for a hearing before the municipal court hearing examiner in the same manner as an appeal pursuant to BMC 2.62.045 within seven (7) calendar days of the date the notice of impound was provided. If a hearing is requested, the hearing must be scheduled to be heard within twenty- one (21) calendar days from the City’s receipt of the request for a hearing, unless otherwise agreed to by the animal owner. The municipal court hearing examiner shall determine whether it is in the best interest of the community that the animal should be returned to the owner, forfeited by the owner to the animal control authority, or euthanized by the animal control authority. The municipal court hearing examiner shall provide written notice of the hearing date and time to the owner of the animal and to the animal control authority. Such notice must be provided at least seven (7) calendar days prior to the scheduled hearing. (Ord. 4866 §1 (in part), 2003; Ord. 4807, Repealed & Replaced, 06/28/2002) 7.12.030 DANGEROUS ANIMALS. (a) Declaration of an Animal as Dangerous. The animal control authority shall have the authority to declare an animal as dangerous, if the animal control authority has probable cause to believe that the animal falls within the definitions set forth in BMC 7.04.020(j). The declaration must be based upon: 7.12-3 (Revised 2/04) (1) The written complaint of a citizen who is willing to testify that the animal has acted in a manner which causes it to fall within the definition of BMC 7.04.020(j); (2) Animal bite reports filed with the animal control authority; (3) Actions of the animal witnessed by any employee of the animal control authority or law enforcement officer; or (4) Other substantial evidence. (b) Exclusions. An animal shall not be declared dangerous if the animal control authority determines, by a preponderance of the evidence, that the threat, injury, or bite alleged to have been committed by the animal was sustained by a person who was at the time commit- ting a willful trespass or other tort upon the premises occupied by the owner of the animal, or who was tor- menting, abusing, or assaulting the animal, or who had been in the past observed or reported to have tormented, abused, or assaulted the animal, or who was committing or attempting to commit a crime. (c) Possession Unlawful. It shall be unlawful to possess an animal, inside the City limits of Bremerton, that has been declared to be dangerous by any agency, animal control authority, municipality or court. This prohibition on possession does not apply to the animal control authority or police department. It is a gross mis- demeanor to violate this provision. (d) Euthanasia. If the animal control authority determines that the restrictions placed on the ownership of dangerous dogs/animals by Chapter 16.08 RCW or other applicable State statutes are insufficient to protect the public from a particular animal declared dangerous, the animal control authority may order the animal euth- anized. (e) Notice of Animal Control Authority Declara- tion. If the animal control authority receives a report of a dangerous animal, it shall immediately initiate an investigation including, but not limited to, interviewing the complainant(s), interviewing the owner of the ani- mal, if known, and observing the animal. Upon comple- tion of its investigation, if the animal is declared dangerous, the animal control authority shall prepare a written declaration. The declaration shall include, but is not limited to, a description of the animal, the name and address of the owner of the animal, if known, a brief summary of the facts upon which the declaration is based, a statement of any restrictions placed on the ani- mal or owner as a consequence of the declaration, a statement of the penalties for further violations, and notice of the right to appeal the declaration. (f) Service of Notice of Declaration. The animal control authority shall personally serve or send by certi- fied mail its declaration to the owner of the animal. If the owner is unknown, the animal control authority shall make reasonable efforts to notify the owner of its written declaration. (g) Appeal to the Municipal Court Hearing Exam- iner. The owner of an animal declared dangerous shall have seven (7) calendar days, from receipt of the written declaration, to appeal the declaration of the animal con- trol authority to the municipal court hearing examiner pursuant to BMC 2.62.045. Unless otherwise agreed to by the animal owner, the appeal hearing must be sched- uled to be heard within twenty-one (21) calendar days from the City’s receipt of the notice of appeal. The municipal court hearing examiner shall provide written notice of the hearing date and time to the owner of the animal and the animal control authority. (h) Hearing before the Municipal Court Hearing Examiner. At the appeal hearing before the municipal court hearing examiner, the animal control authority shall have the burden of proving that the animal is dan- gerous by a preponderance of the evidence. The owner of the animal may present evidence in defense of the animal. The municipal court hearing examiner shall weigh the evidence presented by both the animal control authority and the owner (if applicable), and shall issue a written decision to the appealing animal owner and ani- mal control authority that either sustains or reverses the animal control authority’s declaration. If the declaration is sustained or reversed by the municipal court hearing examiner, the appealing animal owner or the animal control authority shall be notified of the right to appeal. If the declaration is reversed and an appeal is not timely filed by the animal control authority, any restrictions on the animal previously imposed shall be annulled. (i) Change of Ownership, Custody, and/or Resi- dence. Owners of an animal that has been declared dan- gerous who sell, barter, or otherwise transfer the ownership, custody, or residence of the animal shall, within fourteen (14) calendar days of the change, inform the animal control authority in writing of the name, address, and telephone number of the new owner, and/or the address of the new residence where the ani- mal is located. Such notice shall also include the name, description, and license number of the animal. In the event the ownership and/or custody of the animal changes, the owner shall notify the new owner in writ- ing of the details of the animal’s record relating to being declared dangerous and the terms and conditions of the declaration. The owner shall also provide the animal control authority with a copy of the written notification that shall contain a notarized statement by the new owner acknowledging receipt of the original notifica- tion. (Ord. 4866 §1 (in part), 2003; Ord. 4807, Repealed & Replaced, 06/28/2002) (Revised 2/04)7.12-4 7.12.040 POSSESSION OF AN ANIMAL DECLARED DANGEROUS. (a) Gross Misdemeanor. When an animal has been previously declared dangerous, by a court, animal con- trol authority or municipal court hearing examiner, the owner of the dangerous animal shall be guilty of a gross misdemeanor if such animal is thereafter found: (1) In the owner’s possession inside Bremer- ton City limits; or (2) Inside City limits under circumstances evidencing that the animal was intentionally brought into the City by the owner or at the request or acquies- cence of the owner. (b) Impoundment of Dangerous Animals. In the event that a dangerous animal is impounded due to the animal being found within the Bremerton City limits, the animal shall be forfeited to the animal control authority unless the owner of the animal makes a writ- ten request for a hearing within seven (7) calendar days of the date the notice of impound was provided to the owner of the animal. If a hearing is requested, the hear- ing must be scheduled to be heard within twenty-one (21) calendar days from the day of the City’s receipt of the request for a hearing before the municipal court hearing examiner in the same manner as an appeal pur- suant to BMC 2.62.045 unless otherwise agreed to by the animal owner. The municipal court hearing exam- iner shall determine whether it is in the best interest of the community that the animal should be returned to the owner, forfeited by the owner to the animal control authority, or euthanized by the animal control authority. The municipal court hearing examiner shall provide written notice of the hearing date and time to the owner of the potentially dangerous animal and to the animal control authority. Such notice must be provided at least seven (7) days prior to the scheduled hearing. (Ord. 4866 §1 (in part), 2003; Ord. 4807, Repealed & Replaced, 06/28/2002) 7.14-1 (Revised 2/04) Chapter 7.14 MISDEMEANORS, INFRACTIONS AND PENALTIES Sections: 7.14.010 MISDEMEANORS/GROSS MIS- DEMEANORS. 7.14.020 MISDEMEANOR/GROSS MIS- DEMEANOR PENALTIES. 7.14.030 INFRACTIONS. 7.14.040 INFRACTION PENALTY. 7.14.050 INFRACTION PROCEDURE. 7.14.060 ENFORCEMENT BY CIVIL ACTION. 7.14.010 MISDEMEANORS/GROSS MISDE- MEANORS. (a) The following are declared to be misdemean- ors: (1) Removing license tag. For a person other than the owner, keeper or other authorized person to remove the license tag from an animal required or per- mitted to be licensed pursuant to this title; (2) No valid license. To operate a commercial pet facility, animal welfare facility, or grooming parlor without a valid license; (3) Regulatory violations. To operate a com- mercial pet facility, animal welfare facility, or groom- ing parlor in a fashion contrary to that required by BMC 7.08.030; (4) Failure to respond. To fail to respond to a notice of infraction issued pursuant to BMC 7.14.030; (5) Abandonment of animal. For an owner or keeper to have an animal under circumstances which manifest an intent to abandon it; (6) Selling an ill or injured animal. For an owner or keeper to sell an animal knowing it to be ill or injured without first disclosing such knowledge to buyer; (7) Refusal to quarantine. For an owner or keeper to refuse to quarantine or permit the quarantine of an animal when and as required by BMC 7.10.020; (8) Interfering with impounding. For a person to prevent, obstruct or hinder the impoundment of an animal pursuant to BMC 7.10.010; (9) Possession of any creature that is venom- ous, poisonous, wild or otherwise prohibited. For a per- son to own or maintain any lion, tiger, bear, monkey, chimpanzee, gorilla, cougar, mountain lion, badger, wolf, hybrid, coyote, fox, lynx, alligator, caiman, croc- odile, or venomous/poisonous creature, or other wild animals; provided, that circuses, zoos, licensed trappers and animal welfare organizations are exempt from this regulation if proper safeguards are taken, as required in the event permitting process, to protect the public and that the animal control authority is notified of their arrival and duration of stay in the City; provided further, that State-registered wildlife rehabilitation centers are exempt from this section with regard to care and reha- bilitation of those wild animals that are indigenous to North America; (10)Possession of any snake over seven (7) feet in length. For an owner and/or keeper of an animal to maintain possession of any snake after it has exceeded seven (7) feet in length; (11)Possession of livestock. For an owner and/or keeper of livestock to own or possess livestock inside Bremerton City limits. This provision shall not apply to individuals in the process of transporting live- stock through the City when such entry into the City is of minimal duration and the livestock are properly secured for transport in a cage or other suitable enclo- sure; (12)Cruelty to animals. Any person who in any manner or by any means commits an act of cruelty to any animal is guilty of a misdemeanor. Examples of cruelty for the purposes of this section are as follows (this list is not intended as or to be interpreted as an inclusive limited list): (i) Willfully or inhumanely injure or kill any animal; (ii) Intentionally cause or fail to alleviate any pain, suffering or injury of any animal; (iii) Willfully lay out, leave or expose any poison intended for animals or fowl on any premises, or aid or abet any person in so doing, unless in accordance with the provisions of RCW 16.52.190; (iv) Confine an animal within a motor vehicle under conditions that may endanger the health or well-being of the animal, including, but not limited to, extreme temperatures or lack of food or water. Any animal control or police officer is authorized to remove an animal from a motor vehicle, at any location, when the officer reasonably believes the animal is confined in violation of this section. An animal so removed shall be delivered to the animal control shelter of the animal control authority. The removing officer shall leave written notice of the removal and delivery, including the officer’s name in a conspicuous, secure location on or within the vehicle; (13)Failure to control an animal declared potentially dangerous. See BMC 7.12.020; (14)Failure to report striking of an animal with a vehicle. Any person who fails to report the striking of an animal to the animal control authority or law enforcement. No person shall be held liable for the injury or death of an animal under this section unless (Revised 2/04)7.14-2 found to have committed a crime pursuant to the provi- sions of Chapter 16.52 RCW or this section. (b) The following are declared to be gross misde- meanors: (1) Obstructing a law enforcement officer/ animal control authority. For any person to willfully hinder, delay, or otherwise obstruct any law enforce- ment officer including, but not limited to, any animal control authority employee in the discharge of the employee’s official powers or duties; (2) Possession of an animal previously declared dangerous. See BMC 7.12.040; (3) Habitual violators. Any owner receiving any combination of four or more: (i) Convictions, singularly or in combi- nation, of crimes relating to animals within a five (5) year period; and/or (ii) Infractions under this title, singularly or in combination, pursuant to BMC 7.14.030 found to be committed by the municipal court within a five (5) year period shall be guilty of a gross misdemeanor for each additional act constituting a crime or infraction under this title. (Ord. 4866 §2, 2003; Ord. 4807, Repealed & Replaced, 06/28/2002) 7.14.020 MISDEMEANOR/GROSS PENAL- TIES. Any person, firm or corporation violating any pro- vision of BMC 7.12.020 and/or 7.14.010(a) shall be guilty of a misdemeanor and any person, firm or corpo- ration violating any provision of BMC 7.12.040 or 7.14.010(b) shall be guilty of a gross misdemeanor, and each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of BMC 7.12.020, 7.12.040 and/or 7.14.010 is committed, con- tinued or permitted. Upon conviction of any misde- meanor violation, such person, firm or corporation shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than ninety (90) days, or by both such fine and impris- onment. Upon conviction of any gross misdemeanor violation, such person, firm or corporation shall be pun- ished by a fine of not more than five thousand dollars ($5,000.00) or by imprisonment for not more than one (1) year, or by both such fine and imprisonment. (Ord. 4807, Repealed & Replaced, 06/28/2002) 7.14.030 INFRACTIONS. The following are declared to be Class 1 civil infractions: (a) Animal at large. For the owner of a pet or livestock to suffer or permit such animal to leave the premises of the owner, unless the animal is under phys- ical restraint adequate to the size and nature of the ani- mal or is sufficiently near its owner to be under its owner’s direct control and is obedient to its owner’s commands, except that all dogs must be leashed when not on the premises of the owner. Exceptions to this restriction are pets engaged in formal training, hunt or competition, or service dogs engaged in an activity for which they are trained or in service; (b) Animal in heat. For the owner of a pet in heat to keep such an animal where it is accessible to male animals unless such accessibility is for the purpose of planned breeding; (c) Animal noise. For any person(s) to own any animal which by its barking, howling, baying, squealing, crowing, crying, bleating, screeching, or making any other noise by its volume or frequency unreasonably disturbs or interferes with the peace of any person(s) for more than fifteen (15) minutes in any one (1) hour period of any day, and is documented by three (3) or more separate episodes of such noise in a sequential seven (7) day period. The burden is upon the owner of such animal(s) to maintain quiet. Exceptions to this subsection are commercial pet facilities, animal welfare facilities, veterinary hospitals, or grooming par- lors otherwise in compliance with the Bremerton Municipal Code including, but not limited to, BMC 7.08.030, or those who can substantiate that such animal noise was caused by an injury or illness of the animal(s) or by willful trespass, torment, or abuse of the animal(s) on its property by others. Enforcement may be undertaken only upon written receipt of a complaint made to either the animal control authority or law enforcement by a person(s) residing at or who is employed in an area affected by such public noise disturbance. Any such animal(s) shall be deemed a nuisance and may be seized and impounded, pursuant to BMC 7.10.010(a), if the distur- bance reoccurs after the owner or custodian of such ani- mal(s) has received two (2) written warnings from either the animal control authority or law enforcement within a calendar year; (d) Damaging property. For the owner of a pet or livestock to suffer or permit the animal to leave the premises of the owner and thereafter cause damage to any thing of value or any other pet or livestock; (e) Disturbing pedestrians. For the owner of a pet or livestock, when off the property of the owner, to suffer or permit the animal to disturb people lawfully on public ways. For the purpose of this section, “disturb” shall mean to chase or approach a person upon the streets, sidewalks, or any other public grounds or pri- vate property in a menacing fashion or apparent attitude of attack; (f) Chasing vehicles. For the owner of a pet or livestock to suffer or permit the animal to chase or run at or after vehicles lawfully on public ways; 7.14-3 (Revised 2/04) (g) Reporting and releasing stray animals. For any person to fail to notify the animal control authority that a stray pet or livestock is in the person’s possession, or to refuse to release such stray animal to the animal control authority upon demand; (h) Releasing animal. For any person except the owner or other authorized person to release any pet or livestock from confinement; (i) Excess number of animals. To own more than a total of four (4) household pets as provided in BMC 7.08.010(f) at the same place or residence without a valid commercial pet facility or animal welfare facility license; (j) Failure to license. To fail to license a cat or dog as required by BMC 7.08.010(a); (k) Animal bites. To own a pet or livestock that bites a person while such person is on public prop- erty or lawfully on private property; (l) Agitating an animal. To intentionally agi- tate, harass, or provoke a pet or livestock; (m) Failing to notify animal control authority of change of ownership, custody, and/or residence. For any owner of an animal that has been declared danger- ous or potentially dangerous to sell, barter, or otherwise transfer the ownership, custody, or residence of such an animal without notifying the animal control authority within fourteen (14) calendar days of the change as required by BMC 7.12.010(i) or to otherwise fail to comply with the requirements of that section; (n) Sale, barter, or other transfer of pets in public places prohibited. It is unlawful to sell, barter, or otherwise transfer for the purpose of changing owner- ship any pet in an area open to the public, unless such activity is pursuant to BMC 7.08.030, or occurs at a sanctioned dog or cat show; (o) Failure to provide adequate care. For any owner of a pet or livestock to fail to: (i) Provide adequate food and water for any pet or livestock, as defined in BMC 7.04.020(a); (ii) Provide adequate shelter for any pet or livestock, as defined in BMC 7.04.020(b), except as may be appropriate for short term medical requirements or generally accepted livestock husbandry practices such as swine farrowing; (iii) Provide appropriate habitat and med- ical care; or (iv) Maintain facilities housing pets in a healthful, sanitary, and safe manner; (p) Transporting a pet or livestock in the open bed of a pickup truck or other outside part of a vehicle unless a suitable harness, cage, or enclosure is utilized and attached so as to protect such animal from falling or being thrown from the vehicle, and would not by its design or application cause injury to the animal; (q) Pets chasing livestock. For the owner of a pet to permit that animal to harass or chase another owner’s livestock, when not engaged in the specific work of herding approved by the owner of the livestock; (r) Animal waste. For the owner of a pet to fail to remove deposits of fecal material originating from the owner’s animal from public or private property unless the owner of such property has given permission for such material to be deposited. This shall not autho- rize such deposits as are otherwise governed by public health regulations or other provisions of this code; (s) Outdoor feeding. To feed or allow any domestic or wild animals or birds to feed outdoors at such times and in such numbers that feeding birds or animals create an unreasonable disturbance or accumu- lation of droppings on surrounding properties, including public property; (t) Ownership or possession by a person under the age of eighteen (18) years old of any danger- ous or potentially dangerous animal. (Ord. 4866 §3, 2003; Ord. 4807, Repealed & Replaced, 06/28/2002) 7.14.040 INFRACTION PENALTY. The base penalty for any infraction specified in BMC 7.14.030 shall be seventy-six dollars ($76.00) for the first violation, one hundred forty-two dollars ($142.00) for the second infraction committed within one (1) calendar year, and one hundred ninety-two dol- lars ($192.00) for the third and subsequent infractions committed within one (1) calendar year. In addition to the base penalty, a public safety and educational assess- ment and any other assessments required by statute shall be imposed. Each and every day or portion thereof in which an infraction is committed shall constitute a sep- arate and distinct infraction. (Ord. 4807, Repealed & Replaced, 06/28/2002) 7.14.050 INFRACTION PROCEDURE. Infractions under this title shall, insofar as possible, be charged and processed pursuant to justice court traf- fic infraction rules as now or hereafter amended. (Ord. 4807, Repealed & Replaced, 06/28/2002) 7.14.060 ENFORCEMENT BY CIVIL ACTION. Any action or inaction by any animal or the owner or keeper thereof which is contrary to the provisions of this title, regardless if such constitutes a crime or infrac- tion hereunder, shall be, and the same are declared to be unlawful and a public nuisance and compliance with this title may be enforced by an action for abatement or injunction brought by an affected citizen or by the pros- ecuting attorney. (Ord. 4807, Repealed & Replaced, 06/28/2002) 11.02-1 (Revised 2/04) Chapter 11.02 RIGHT-OF-WAY USE Sections: 11.02.010 PURPOSE. 11.02.020 TERRITORIAL APPLICATION. 11.02.030 CONSTRUCTION - INTENT. 11.02.040 DEFINITIONS. 11.02.050 POWERS OF THE DIRECTOR. 11.02.060 PERMIT REQUIRED. 11.02.070 ADDITIONAL PERMITS. 11.02.080 RIGHT-OF-WAY USE PER- MITS. 11.02.090 APPLICATIONS AND PRO- CESSING OF PERMITS. 11.02.100 RENEWAL OF PERMITS. 11.02.110 PERMIT EXCEPTION. 11.02.120 PERMIT FEES AND CHARGES. 11.02.130 SPECIFICATIONS. 11.02.140 NOTICE OF INTENT TO START WORK. 11.02.150 INSPECTIONS. 11.02.160 COMPLETION OF WORK. 11.02.170 SHARED USE OF EXCAVA- TIONS. 11.02.180 UNDERGROUND UTILITY LOCATION REQUIRED. 11.02.190 WARNING AND SAFETY DEVICES. 11.02.200 TEMPORARY PARKING RESTRICTION NOTIFICA- TION. 11.02.210 MATERIALS TESTING. 11.02.220 PERFORMANCE AND WAR- RANTY DEPOSITS. 11.02.230 INSURANCE. 11.02.240 HOLD HARMLESS. 11.02.250 CORRECTION AND DISCON- TINUANCE OF UNSAFE, NON- CONFORMING, OR UNAUTHORIZED CONDI- TIONS. 11.02.260 NUISANCE IN THE RIGHT-OF- WAY. 11.02.270 NUISANCE UTILITY FACILI- TIES. 11.02.280 REVOCATION OF PERMITS. 11.02.290 STOP WORK ORDERS. 11.02.300 ADOPTION OF POLICIES. 11.02.310 APPEALS. 11.02.320 VIOLATION - PENALTY. 11.02.010 PURPOSE. It is the purpose of this chapter to provide for the issuance of right-of-way use permits in order to regulate activities within the rights-of-way in the City of Bremerton in the interest of public health, safety and welfare; and to provide for the fees, charges, perfor- mance and warranty deposits, warranties, and proce- dures required to administer the permit process. (Ord. 4650, Repealed & Replaced, 06/12/1999) 11.02.020 TERRITORIAL APPLICATION. This chapter and the procedures adopted hereunder shall be in effect throughout the City of Bremerton. (Ord. 4650, Repealed & Replaced, 06/12/1999) 11.02.030 CONSTRUCTION - INTENT. A. This chapter is enacted to protect and preserve the public health, safety and welfare. Its provisions shall be liberally construed for the accomplishment of these purposes. B. It is expressly the purpose of this chapter and any procedures adopted hereunder to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or desig- nate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter or any procedures adopted hereunder. C. It is the specific intent of this chapter and any procedures adopted hereunder to place the obligation of complying with the requirements of this chapter upon the permittee, and no provision is intended to impose any duty upon the City of Bremerton, or any of its offic- ers, employees or agents. Nothing contained in this chapter or any procedures adopted hereunder is intended to be or shall be construed to create or form the basis for liability on the part of the City of Bremerton, or its officers, employees or agents, for any injury or damage resulting from the failure of the permittee to comply with the provisions hereof, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter or any procedures adopted hereunder by the City of Bremerton, its officers, employees or agents. (Ord. 4650, Repealed & Replaced, 06/12/1999) 11.02.040 DEFINITIONS. The following words and phrases when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: A.“Citation and notice” means a written docu- ment initiating a proceeding pursuant to Chapter 1.12 BMC. B.“City inspector” means the designated employee(s) of the Department assigned to inspecting the permitted work. (Revised 2/04)11.02-2 C.“City” means the City of Bremerton, Washing- ton. D.“Complaint” means a written document initiat- ing a procedure pursuant to Chapter 1.12 BMC. E.“Department” means the Public Works and Utilities Department or other Department designated by the Mayor. F.“Director” means the Director of Public Works and Utilities or his/her designated representative. G.“Emergency” means a condition of imminent danger to the health, safety, and welfare of property or persons located within the City including, but not lim- ited to, damage to persons or property from natural or manmade consequences, such as storms, earthquakes, riots or wars. H.“Enforcement Officer” means the Director or his/her designated representative. I.“Engineering Division” means the Engineer- ing Division of the Department. J.“Franchised utilities” means utilities that have City approval to use City rights-of-way for the purpose of providing their services within or beyond the City, whether by written franchise granted by the City, State tariff or other similar City authorization. K.“Notice of violation” means a document mailed to a permittee or unauthorized user and posted at the site of a nonconforming or unsafe condition. L.“Oral directive” means a directive given orally by City personnel designated by the Director to correct or discontinue a specific condition. M.“Permit” means a document issued by the City granting permission to engage in an activity not allowed without a permit. N.“Permit Center” means the location for apply- ing for permits. O.“Permittee” means the person so designated on the permit application, or designee. P.“Person” means and includes corporations, companies, associations, joint stock companies or asso- ciations, firms, partnerships, limited liability companies and individuals and includes their lessors, trustees and receivers. Q.“Private use” means use of the public right-of- way for the benefit of a person, partnership, group, organization, company, or corporation, other than as a thoroughfare for any type of vehicles, pedestrians or equestrians. R.“Policy” means a policy adopted by the Direc- tor to implement this chapter, or to carry out other responsibilities as may be required by this chapter or by other codes, ordinances, or resolutions of the City or other agencies. S.“Revocation” means the cancellation of a per- mit. T.“Right-of-way” means all public streets and property granted or reserved for, or dedicated to, public use for street purposes, together with public property granted or reserved for, or dedicated to, public use for walkways, sidewalks, bikeways, parking, and horse trails, whether improved or unimproved, including the air rights, sub-surface rights and easements related thereto. U.“Stop work order” means an oral directive or a written notice posted at the site of activity that requires all work to be stopped until the City approves continua- tion of work. V.“Suspension” means the temporary stay of a permit. W.“Underground location service” means the underground utilities location center that will locate all underground utilities prior to an excavation. X.“Unsafe condition” means any condition which the Director determines is a hazard to health, or endangers the safe use of the right-of-way by the public, or does or may impair or impede the operation or func- tioning of any portion of the right-of-way, or which may cause damage thereto. (Ord. 4650, Repealed & Replaced, 06/12/1999) 11.02.050 POWERS OF THE DIRECTOR. The Director shall have the power to: A. Administer the provisions of this chapter including but not limited to interpreting the chapter and issuing rules and procedures necessary for its adminis- tration. B. Issue permits relating to use of the rights-of- way in accordance with this chapter. C. Administer and coordinate the enforcement of this chapter and all policies adopted hereunder relating to the use of rights-of-way. D. Advise the City Council, Mayor and other City Departments on matters relating to use of the rights-of- way. E. Carry out such other responsibilities as required by this chapter or other codes, ordinances, pol- icies or procedures of the City. F. Adjust the amount of fees required by this chapter to be proportional to any increased scope of work for which the permit is required. G. Request the assistance of other City Depart- ments to administer and enforce this chapter. H. Assign the responsibility for interpretation, application and enforcement of specified procedures to Department staff. (Ord. 4650, Repealed & Replaced, 06/12/1999) 11.02-2.1 (Revised 2/04) 11.02.060 PERMIT REQUIRED. A. It is unlawful for anyone to make private use of any public right-of-way without first having obtained a right-of-way use permit issued by the City or to use any right-of-way without complying with all the provisions of such right-of-way use permit issued by the City. B. The City does not waive its right to use the right-of-way by issuance of any permit. (Ord. 4650, Repealed & Replaced, 06/12/1999) 11.02-7 (Revised 2/04) cost to repair damage to existing improvements as deter- mined by the Director. Performance deposits shall not be released until a warranty deposit, if required, is received. B. Warranty Deposit. A warranty deposit may be required to warrant the workmanship and material of constructed improvements in the right-of-way for a period of two years. The minimum amount of the war- ranty deposit shall be twenty percent (20%) of the value of the actual construction costs. C. Deposit Instruments. The deposit instrument for the performance or warranty deposit shall be cash, a non-revocable letter of credit, an assignment of funds, bond or other readily accessible source of funds approved by the City Risk Manager. The deposit instru- ments shall be on a form acceptable to the City Risk Manager. Any issuer of a deposit instrument shall pay invoices presented by the City pursuant to this chapter within forty-five (45) days. A bond will be accepted only for amounts over one thousand dollars ($1,000.00) or when State Law requires a bond. Interest on deposited funds will accrue to the bene- fit of the depositor, except that any interest earned on a cash deposit will be retained by the City for account administration. D. Notice of Incomplete or Defective Work. If the permitted work is determined to be incomplete or defec- tive, damage of existing improvements is observed, a defect is observed during the warranty period or other activities which do not comply with the permit and require corrective action by the permittee as determined by the Director, the Director shall notify the applicant in writing prior to applying proceeds of the deposit to cor- rect the work. The notice must state: 1. The work that must be done or the improvement that must be made to comply with the requirements of the permit or deposit; and 2. The amount of time that the applicant has to commence and complete the required work or improvements; and 3. That, if the work or improvements are not commenced and completed within the time specified, the City will use the proceeds of the deposit to have the required work or improvements completed. E. Default on Deposit. 1. If the work or improvements covered by the deposit are not completed within the time specified in the notice given under this chapter, the City shall obtain the proceeds of the deposit and do the work or make the improvements covered by the deposit. The City may either have employees of the City do the work or make the improvements or have a contractor do the work or make the improvements. 2. If at any time the Director determines that actions or inaction associated with any permit work has created an emergency situation endangering the public health, safety, or welfare, creating a potential liability for the City, or endangering City streets, utilities, or property; and if the nature or timing of such an emer- gency precludes the notification of applicants as pro- vided in this chapter while still minimizing or avoiding the effects of the emergency, the City may use the deposit to cover costs incurred by the City to correct the emergency situation. The City may either have employ- ees of the City do the work or make the improvements, or have a contractor do the work or make the improve- ments. If the City uses the deposit as provided by this section, the applicant shall be notified in writing within four (4) working days of the commencement of emer- gency work. The notice must state the work that was completed and the nature or timing of the emergency that necessitated the use of the deposit without prior notification. 3. The permittee is responsible for all costs incurred by the City in doing the work and making the improvements covered by the deposit. The City shall release or refund any proceeds of a deposit remaining after subtracting all costs for doing the work covered by the deposit. The permittee shall reimburse the City for any amount expended by the City that exceeds the deposit. 4. In each case where the City uses any of the proceeds of the deposit, it shall, within thirty (30) days, provide the owner of the permit an itemized statement of all proceeds and funds used. (Ord. 4650, Repealed & Replaced, 06/12/1999) 11.02.230 INSURANCE. A. General Provision. Before any permit is granted to any person, firm or corporation, for the work within or use of the right-of-way, such person, firm or corporation shall secure and deliver to the City and file with the Director a copy of comprehensive general lia- bility insurance in the sum of five hundred thousand dollars ($500,000.00) for bodily damage and property. The City shall be listed as an additional insured on the policy. Alternate methods of meeting these insurance requirements must be approved by the City Risk Man- ager. B. Limited Exception. A homeowner or tenant who repairs, constructs, or sues the right-of-way front- ing his/her residence and who, in the case of repair or construction, performs all the labor him/herself shall not be required to obtain insurance as set forth in sub- section A of this section. Prior to the issuance of such a permit, the homeowner or tenant shall be required to provide proof of homeowners or renters insurance in the amount of at least one hundred thousand dollars ($100,000.00) for bodily injury and property damage unless, in the Director’s discretion, this requirement is waived after consideration of the nature of the proposed use or work and the need to reasonably protect the (Revised 2/04)11.02-8 City’s interest as well as the health, safety, and welfare of the public. (Ord. 4818, Amended, 11/15/2002; Ord. 4650, Repealed & Replaced, 06/12/1999) 11.02.240 HOLD HARMLESS. As a condition to the issuance of any permit under this chapter, the permittee shall agree to defend, indem- nify and hold harmless the City, its officers, employees and agents, for any and all suits, claims or liabilities caused by, or arising out of any work or use authorized by any such permit. (Ord. 4650, Repealed & Replaced, 06/12/1999) 11.02.250 CORRECTION AND DISCONTINU- ANCE OF UNSAFE, NONCON- FORMING, OR UNAUTHORIZED CONDITIONS. A. Whenever the Director determines that any condition on any right-of-way is in violation of, or any right-of-way is being used contrary to, any provision of this chapter or policies adopted hereunder or other applicable codes or standards, or without a right-of-way use permit, the Director may order the correction or dis- continuance of such condition or any activity causing such condition. B. The Director is authorized to use any or all of the following methods in ordering correction or discon- tinuance of any such conditions or activities as the Director determines appropriate: 1. Serving of oral directives to the permittee or other responsible person requesting immediate cor- rection or discontinuance of the specified condition; 2. Service of a written notice of violation, ordering correction or discontinuance of a specific con- dition or activity within a reasonable period as the Director may determine; 3. Issuance of an order to immediately stop work until authorization is received from the City to proceed with such work; 4. Revocation or suspension of previously granted permits pursuant to this chapter; 5. Seek enforcement pursuant to BMC 11.02.320. (Ord. 4874 §1, 2003; Ord. 4650, Repealed & Replaced, 06/12/1999) 11.02.260 NUISANCE IN THE RIGHT-OF- WAY. A. Debris and Spilled Loads. 1. The owner or operator of any vehicle that has spilled, dropped, dumped or in any manner whatso- ever deposited any matter (“debris”) upon the right-of- way shall cause the right-of-way to be cleaned using suitable methods to the satisfaction of the Department. Upon failure to do so the Department may cause to have cleaned the right-of-way and the costs thereof shall be charged to the person or persons so responsible. The Department has the authority to designate haul routes and time of day for operations involving hauling over public right-of-way. 2. Earth-hauling contractors, builders, or anyone else utilizing vehicles upon rights-of-way shall provide persons or equipment to keep the right-of-way clean at all times to the satisfaction of the Department. Upon failure to do so, the Department may issue an immediate stop work order, revoke City permits, and the responsible person or persons may be directed to immediately clean the right-of-way to the satisfaction of the Department. Upon failure to do so the Department may cause to have cleaned the right-of-way and charge the costs thereof to the person or persons so responsible. B. Unauthorized Property. 1. Any object, equipment, structure, or per- sonal property (“property”) which occupies any right- of-way without the legal authorization required by this chapter is declared a nuisance. The Department may attach a notice to any such property stating that if it is not removed from the right-of-way within twenty-four (24) hours of the date and time stated on the notice, the property may be taken into custody and stored at the owner’s expense. The notice shall provide an address and phone number where additional information may be obtained. If the property is a hazard to public safety, it may be removed summarily by the City. Notice of such removal shall be thereafter given to the owner, if known. 2. All expenses incurred by the City in abat- ing the nuisance condition or any portion thereof, or to repair any damage to the right-of-way, shall constitute a civil debt owing to the City jointly and severally by such persons who have been given notice or who own the property or placed it in the right-of-way, which debt shall be collectable in the same manner as any other civil debt. C. Enforcement. If the nuisance debris or prop- erty has not been removed or remedied as directed above or in lieu of the above, the Director may seek enforcement pursuant to BMC 11.02.320. (Ord. 4874 §2, 2003; Ord. 4650, Repealed & Replaced, 06/12/1999) 11.02.270 NUISANCE UTILITY FACILITIES. A. Purpose. To establish a procedure for the iden- tification and elimination or remediation of nuisance utility poles and other utility facilities located within or upon the right-of-way. B. Utility Facilities Defined. “Utility facilities” means poles (with or without crossarms), wires, lines, conduits, cables, communication and signal lines, braces, guys, anchors, vaults and all necessary or conve- nient facilities and appurtenances thereto within the right-of-way, whether the same be located over or under 11.02-9 (Revised 2/04) ground and whether installed and/or maintained by per- mit pursuant to this chapter or by franchise or by no such authority. C. Nuisance Utility Facility Defined. “Nuisance utility facility” as used in this section, includes a utility facility that limits ADA accessibility, creates sight dis- tance problems, has disconnected wires or cable, is deteriorating, is creating a hazardous condition, and/or is not used or is abandoned for a period of ninety (90) days or longer unless such nonuse or abandoned status is approved by the Director at his or her sole discretion. D. Determination of Appropriate Remedy. Upon a determination by the Director that a nuisance utility facility exists, the Director shall notify the permittee, franchisee, owner or other person responsible for the nuisance utility facility and direct said entity or person to remove or remedy the nuisance utility facility upon terms and conditions as directed by the Director. E. Enforcement. If the nuisance utility facility has not been removed or remedied as directed above or in lieu of the above, the Director may seek enforcement pursuant to BMC 11.02.320. (Ord. 4874 §3, 2003; Ord. 4650, Repealed & Replaced, 06/12/1999) 11.02.280 REVOCATION OF PERMITS. A. The Director may revoke any permit issued under this chapter whenever in the Director’s sole deter- mination: 1. The work or activity does not proceed in accordance with the plans as approved, or conditions of approval, or is not in compliance with the requirements of this chapter or procedures, or other City ordinances, state law or federal law; 2. The City has been denied access to inves- tigate and perform inspection; 3. The permittee has made a misrepresenta- tion of a material fact in applying for a permit; 4. The progress or condition of the approved work or activity indicates that it is or will be inadequate to protect the public and adjoining property, the street or utilities in the street, or any excavation or fill endangers or will endanger the public, the adjoining property, street or utilities in the street; 5. The right-of-way is being used in viola- tion of a permit issued under this chapter or is being used in violation of any provision of this chapter. B. Upon suspension or revocation of a permit, all use of the right-of-way shall cease, except as authorized or directed by the Director. C. Notice of Revocation. Notice of revocation shall be by letter. D. Appeal of Revocation. A revocation may be appealed pursuant to this chapter. (Ord. 4874 §4, 2003; Ord. 4650, Repealed & Replaced, 06/12/1999) 11.02.290 STOP WORK ORDERS. Work in the right-of-way may be suspended by the issuance of an oral or written stop work order by the City inspector. (Ord. 4650, Repealed & Replaced, 06/12/1999) 11.02.300 ADOPTION OF POLICIES. The Director may prepare and adopt policies and procedures for the purpose of implementing this chap- ter. Such policies do not require approval by the City Council. (Ord. 4650, Repealed & Replaced, 06/12/1999) 11.02.310 APPEALS. A. Any permittee or applicant for a permit whose application has been denied or whose permit has been revoked pursuant to this chapter may, within fourteen (14) calendar days from the date that the denial or revo- cation notice was mailed to the permittee or applicant, appeal such denial or revocation by filing a written notice of appeal setting forth the grounds therefor with the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC. A filing fee as set forth in Chapter 3.01 BMC shall be submitted with the appeal, which fil- ing fee is required to process the appeal. The hearing shall be conducted in accordance with the procedures for hearing contested cases set out in Chapter 2.13 BMC. After the hearing thereon the Administrative Hearing Examiner shall, after appropriate findings of fact, and conclusions of law, affirm, modify, or overrule the denial or revocation and order issuance or reinstate- ment of the permit, and may impose any terms there- upon. B. The decision of the Administrative Hearing Examiner shall be final. The permittee or applicant and/or the City may seek review of the decision by the Superior Court of Washington in and for Kitsap County within twenty-one (21) calendar days from the date of the decision. (Ord. 4874 §5, 2003; Ord. 4798, Amended, 05/10/2002; Ord. 4650, Repealed & Replaced, 06/12/1999) 11.02.320 VIOLATION - PENALTY. A. In lieu of or in conjunction with any remedy provided for in this chapter, any violation of any provi- sion of this chapter constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement and/or enforcement may be required as provided therein. B. In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2). Each day, or a portion thereof, during which a violation (Revised 2/04)11.02-10 occurs shall constitute a separate violation. (Ord. 4874 §6, 2003; Ord. 4650, Repealed & Replaced, 06/12/1999) 15.06-1 (Revised 2/04) Chapter 15.06 ASSESSMENTS, RATES, FEES AND CHARGES Sections: 15.06.010 PURPOSE. 15.06.015 INCORPORATION AND CPI ADJUSTMENT. 15.06.020 ASSESSMENTS. 15.06.030 RATES - WATER. 15.06.040 RATES - WASTEWATER. 15.06.050 RATES - STORMWATER. 15.06.060 MISCELLANEOUS FEES AND CHARGES. 15.06.010 PURPOSE. This Chapter provides for the establishment of fees, rates and other charges for connection to or utilization of the utility system, for providing utility service, administration and maintenance of utility accounts, and for the operation, maintenance, repair and improve- ments of the utility system. Fees, rates and other service charges shall include, but not be limited to, front foot- age fees, general facility fees, connection charges, util- ity service rates, account maintenance charges, plan check, and system development fees and charges. (Ord. 4729, Reaffirmed, 11/30/2000; Ord. 4675, Amended, 11/30/1999; Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.06.015 INCORPORATION AND CPI ADJUSTMENT. Assessments, rates, fees and charges attached hereto as Appendix A and incorporated herein by this reference are hereby adopted. In addition to such other changes as may be approved by City Council, commencing January 1, 2004, and in January of each successive year thereafter, the fees, rates and charges in this section shall automat- ically be adjusted based upon the Consumer Price Index for all Urban Consumers (CPI-U), U.S. City Average, as published by the Bureau of Labor Statistics for the year ending June 30th of the previous year. (Ord. 4881 §1, 2003; Ord. 4827, Amended, 11/29/2002; Ord. 4794, Amended, 05/07/2002; Ord. 4766, Amended, 08/24/2001; Ord. 4735, Reaffirmed, 11/30/2000; Ord. 4729, Reaffirmed, 11/30/2000; Ord. 4685, Amended, 12/28/1999; Ord. 4675, Added, 11/30/1999) 15.06.020 ASSESSMENTS. (a) General Facility Fee. A General Facility Fee (GFF) shall be charged on all new or expanded service connections to the utility system. Existing connections within the system as of the effective date of this Code shall be considered to have paid their proportionate share of the general facility fee for existing use. The calculation of the general facility fee for water and wastewater will be based on the number of Equiva- lent Residential Unit(s) (ERU) served and shall be apportioned and assessed as follows: The GFF shall be assessed and paid at the time of execution of the Utility Service Agreement for all new service connections and prior to occupancy of the new or expanded facilities and shall be in addition to rates and other fees, assessments, and charges established for utility service. (b) Front Footage Fee. A Front Footage Fee (FFF) shall be collected on all utility system mains which were installed or funded at public expense or installed by a developer under a System Improvement Agreement fol- lowing expiration of any reimbursement agreement. Connection to a main subject to a current reimburse- ment agreement shall pay the reimbursement assess- ment according to the agreement in lieu of the FFF. All property owners connecting to a utility system shall contribute toward the cost of construction of utility mains at the time they are constructed or be required to pay the FFF. The calculation of the FFF fee shall be based on the total front footage of rectangularly shaped parcels of property under individual ownership fronting the main and served by the main at the time of connection. Properties situated on corner lots abutting utility mains on two (2) sides shall have the FFF computed by averaging the two (2) sides. Properties served which are not abutting a utility main and wherein it is undesirable to extend or install a utility main shall be assessed a FFF equivalent to fifty (50) feet of footage. Single Family Residence 1 ERU/Unit Two Units 1 ERU/Unit Multi-Family (3 or more units) .8 ERU/Unit Commercial/Industrial 1 ERU/2,000 sq. ft. of structure Transitory Living Units - Motels/Hotels .5 ERU/Unit Irrigation Systems (separately metered) .5 ERU/2,000 sq. ft. of irrigated area (Revised 2/04)15.06-2 Irregularly shaped parcels of property with front- age of less than fifty (50) feet of frontage abutting a util- ity main shall be assessed a FFF equivalent to fifty (50) feet of footage. The FFF shall be assessed and paid at the time of execution of the Utility Service Agreement and shall be in addition to rates and other fees, assessments, and charges established for service. (c) Connection/Inspection Fee. A connection/ inspection fee shall be charged for all service connec- tions to the utility system. Additional fees may be charged if a reinspection is required as a result of the property owner/developer’s failure to comply with the correction notice from a prior inspection, inaccessibility of facilities for scheduled inspections, or an unsafe site. The connection/inspection fee or deposit shall be assessed and paid at the time of execution of the Utility Service Agreement. (d) Rebate. A rebate of the portion of the front footage and facilities fees in excess of the fees charged City residents shall be made to any owner(s) whose property becomes annexed into the City of Bremerton within twelve (12) months from the date of payment of such fees. (Ord. 4729, Reaffirmed, 11/30/2000; Ord. 4675, Amended, 11/30/1000; Ord. 4512 §3, 1995; Ord. 4496 §2, 1995; Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.06.030 RATES - WATER. (a) Retail Water Rates. A general retail water rate shall be assessed all users of the utility water system. The retail rate shall be calculated on a periodic billing with a minimum service charge based on meter size and a commodity charge computed to the nearest HCF. (1) Sprinkler and Fire Protection Service. The Department shall levy a general fire service charge to users of the utility water system for fire service pro- vided. The fire service rate shall be billed on a periodic billing and shall be based on the meter size. The service charge herein set forth shall be granted only during such times as there is no apprecia- ble registration by meters maintained by the Depart- ment. Water used for purposes other than extinguishing fires through a fire service connection shall be charged at a rate not less than double the domestic rate provided by this Chapter. (2) Temporary/Construction Meters. Persons desiring temporary water service from a fire hydrant, hose connection, or meter for the purposes of construc- tion, special events, or other activities that are limited in duration shall make application to the Department on the form provided and make a deposit established for temporary/construction meters. Temporary/construction meters shall be lim- ited to six (6) month duration and may be renewed sub- ject to approval by the department. The rate shall be calculated on a periodic bill- ing with a minimum service charge based on the meter size and a commodity charge computed to the nearest HCF. (b) Wholesale Water Service. The Department may sell water to water districts or other public agen- cies. Such service shall be through a wholesale contract, under such terms and under such conditions as shall be deemed fair and equitable by the City. All wholesale water contracts shall be subject to Mayoral approval and City Council authorization. (Ord. 4729, Reaffirmed, 11/30/2000; Ord. 4675, Amended, 11/30/1999; Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.06.040 RATES - WASTEWATER. (a) Retail Wastewater Rates. A general retail wastewater rate shall be assessed of all users of the Util- ity wastewater system. The retail rate shall be calculated on a periodic billing with a minimum service charge and a commodity charge computed to the nearest HCF. The retail rate shall be based on flow and strength of sewage discharged by the user of the system. Flow shall be determined by the metered amount of domestic water usage. Flows for summer usage for Single Family and Duplex residential customers shall be determined based on the previous six (6) month average winter domestic water usage by the customer, provided the account was active for at least two (2) billing periods of the preced- ing six (6) months. The calculation period shall be determined by the Department based on usage and bill- ing cycles. In no case shall this calculation for summer usage result in a volume less than two and one-half (2.5) HCF per month. In the event the customer is not connected to a pub- lic water supply that utilizes domestic water meter, the flow shall be determined by the Department based on the average flow of the like customer class. Strength shall be determined by the loadings dis- charged by the customer and shall be segregated into like customer classes based on their respective sewage strengths. (Ord. 4766, Amended, 08/24/2001; Ord. 4729, Reaffirmed, 11/30/2000; Ord. 4675, Amended, 11/30/1999; Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.06.050 RATES - STORMWATER. (a) Surface Drainage/Stormwater Rates. A gen- eral retail stormwater rate shall be assessed all property owners who contribute to or benefit from the utility stormwater system. 15.06-2.1 (Revised 2/04) Rates shall be determined by the approximate amount of impervious surface area of developed parcel, including publicly owned property and right-of-way. Impervious surface, measured in equivalent imper- vious surface units (ISU’s) shall be determined for each developed property, except single family or duplex uses which shall be assigned the minimum rate. (b) Improper Stormwater Inflow to Wastewater System. A rate shall be assessed on all property owners who have an improper stormwater discharge to the wastewater system pursuant to the Utility Fee and Rate Schedule established for stormwater by City Council ordinance. 15.06-A1 (Revised 2/04) Within City Limits Outside City Limits 2004 2004 GENERAL FACILITY FEES Water (per ERU) 249.12$ 376.75$ Wastewater (per ERU) 249.12$ 376.75$ FRONT FOOTAGE FEES Water Per Front Foot 20.42$ 30.63$ Off Road Rate 1,021.00$ 1,531.50$ Wastewater Per Front Foot 25.53$ 38.29$ Off Road Rate 1,276.25$ 1,914.38$ Properties not included in ULID #327 73.05$ Fronting the sewer main in Northlake Way. Installed as part of the Kitsap Lake Sewer Extension Project. CONNECTION/INSPECTION FEES Water 3/4" 1,527.42$ 2,291.12$ 1" 1,531.50$ 2,297.25$ 1-1/2" 2,374.85$ 3,562.27$ 2" 2,477.97$ 3,716.44$ Greater than 2" Actual Time & Materials 150% of Actual Time & Materials Field Inspection Fees Water Main Extensions (per foot) 1.02$ 1.53$ but not less than: 408.40$ 612.60$ Pump Station 536.03$ 804.04$ Miscellaneous (per hour) 42.88$ 64.32$ Wastewater Lateral Connection at P/L 42.88$ 64.32$ Lateral Connection at Main 268.01$ 402.02$ Conveyance Facility Extensions (Per Foot) 1.33$ 1.99$ but not less than: 321.62$ 482.42$ Pump Station 536.03$ 804.04$ Miscellaneous (per hour)42.88$ 64.32$ Appendix A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE JANUARY 1, 2004 (Revised 2/04) 15.06-A2 Within City Limits Outside City Limits 2004 2004 RETAIL WATER SERVICE RATES General Service - Monthly Service Charge Meter Size 5/8 x 3/4 inches 5.31$ 7.96$ 1 inch 6.07$ 9.09$ 1-1/2 inch 8.63$ 12.97$ 2 inch 11.59$ 17.46$ 3 inch 22.00$ 32.93$ 4 inch 40.94$ 61.52$ 6 inch 145.29$ 217.93$ 8 inch 530.26$ 795.41$ 10 inch 1,893.19$ 2,839.76$ 12 inch 7,118.87$ 10,678.33$ Commodity Charge (per HCF) 0.77$ 1.15$ Fire Protection - Monthly Service Charge Service Size 1 inch 10.52$ 15.83$ 1-1/2 inch 15.83$ 23.69$ 2 inch 20.57$ 30.83$ 3 inch 22.67$ 34.00$ 4 inch 24.71$ 37.01$ 6 inch 30.83$ 46.30$ 8 inch 41.04$ 61.57$ 10 inch 57.53$ 86.33$ 12 inch 82.24$ 123.34$ Commodity Charge (per HCF) 1.53$ 2.30$ - For Useage Other Than Firefighting Low-Income Senior and Low-Income Disabled Citizen - Monthly Service Charge Meter Size 5/8 x 3/4" Base Charge (per account) 5.31$ 7.96$ Commodity Charge 0 - 10 HCF/Billing No Charge No Charge Over 10 HCF/Billing (per HCF) 0.77$ 1.15$ Temporary/Construction Meter 1" Meter Deposit 102.10$ 102.10$ Base Fee (per month) 6.07$ 9.09$ Set Up Fee 79.64$ 119.46$ Hydrant meter Deposit 510.50$ 510.50$ Base Fee (per month) 19.09$ 28.64$ Set Up Fee 79.64$ 119.46$ Equipment Loss/Damage Actual Time & Materials 150% of Actual Time & Materials Commodity Charge (per HCF)0.77$ 1.15$ 15.06-A3 (Revised 2/04) RETAIL WASTEWATER SERVICE RATES Monthly Service Charge Single Family Base Charge (per account) 11.84$ 13.58$ Commodity Charge (per HCF) 3.68$ 4.24$ Duplex on 1 Meter or 2 Buildings on 1 Meter Base Charge (per unit) 9.39$ 10.82$ Commodity Charge (per HCF) 3.68$ 4.24$ Multiple Family Base Charge (per unit) 9.39$ 10.82$ Commodity Charge (per HCF) 3.68$ 4.24$ Commercial I Base Charge (per account) 17.51$ 20.16$ Commodity Charge (per HCF) 3.78$ 4.34$ Commercial II Base Charge (per account) 17.82$ 20.52$ Commodity Charge (per HCF) 5.92$ 6.81$ Commercial III Base Charge (per account) 17.66$ 20.32$ Commodity Charge (per HCF) 4.85$ 5.57$ Low-Income Senior and Low-Income Disabled Citizen Base Charge (per account) 7.35$ 8.47$ Commodity Charge (per HCF) 0 - 5 HCF/Month No Charge No Charge Over 5 HCF/Month 3.68$ 4.24$ Septage Disposal (Per Gallon of Tank Capacity)0.13$ 0.13$ (Revised 2/04) 15.06-A4 Within City Limits Outside City Limits 2004 2004 RETAIL STORMWATER RATES Monthly Service Charge Single Family/Duplex Base Charge (per account) 4.59$ N/A Exception: Duplex with 2 Meters (per account) 2.55$ N/A Multiple Family Base Charge (per ISU) 4.59$ N/A Commercial Base Charge (per ISU) 4.59$ N/A Public School Districts (per account) 4.59$ N/A Low-Income Senior and Low-Income Disabled Citizen Base Charge (per account) 2.81$ N/A Multiple Family & Commercial Rate Adjustment Water Quality (per ISU) (0.51)$ N/A Water Quantity (per ISU) (1.53)$ N/A Stormwater Penalty New Multiple Family & Commercial Development without On-Site Detention Charge (per ISU) 1.02$ N/A IMPROPER STORMWATER INFLOW RATES The following rates are established for Improper Stormwater Inflow, based upon the stormwater ISU for each lot and adjusted annually on the following schedule: EFFECTIVE DATE RATE May 1, 2002 25% Stormwater Fee for Property May 1, 2003 50% Stormwater Fee for Property May 1, 2004 75% Stormwater Fee for Property May 1, 2005 100% Stormwater Fee for Property After May 1, 2005, the Improper Stormwater Inflow Rate will remain at 100% of the Stormwater Fee for a property unless otherwise modified by the City Council. The fees shall be deposited in the Wastewater Fund (# 451). 15.06-A5 (Revised 2/04) Within City Limits Outside City Limits 2004 2004 MISCELLANEOUS FEES AND CHARGES Park Reservation Fee 30.63$ 30.63$ (non-refundable) Office Services New Account (includes water turn-on) 20.00$ 20.00$ Account Maintenance 5.11$ 5.11$ Past Due Notice 2.55$ 2.55$ Lien Recovery Charge 102.10$ 102.10$ Duplicate Bill Charge 1.02$ 1.02$ Close Account/Meter Read/Water Service Turn- off 25.00$ 25.00$ Field Services Pavement Restoration Charge (refundable, if assessed and not required) Asphalt 816.80$ 1,225.20$ Concrete 2,348.30$ 3,522.45$ County Road Permit N/A Cost Wet Tapping (Water Main Only)* 8" and smaller - Incl. excavation & backfill 1,995.03$ 2,992.55$ 8" and smaller - Service to property line 3,586.77$ 5,379.65$ 8" and smaller - Tap only 490.08$ 735.12$ Greater than 8" Actual Time & Materials 150% of Actual Time & Materials *Does Not Include Pavement Restoration Charge Fire Hydrant Installation* 4,087.06$ 6,131.11$ *Does Not Include Pavement Restoration Charge Water Meter Reinstallation 3/4" & 1" 60.24$ 60.24$ 1-1/2" & 2" 94.95$ 94.95$ 3" and greater Time & Materials Time & Materials Water Meter Reactivation 42.88$ 42.88$ Water Meter Tampering Tampering Removal 134.77$ 134.77$ Tampering Reinstallation Time & Materials Time & Materials Cross-Connection Control Inspection 42.88$ 42.88$ Fire Service - Detector, Meter & MXU 316.51$ 316.51$ Storz Adapter 231.77$ 231.77$ (Revised 2/04) 15.06-A6 Within City Limits Outside City Limits 2004 2004 MISCELLANEOUS (cont’d) Water Service Turn-off/Turn-on (Customer Request) Regular Hours 20.00$ 20.00$ After Hours 107.21$ 107.21$ Delinquency Notice 10.72$ 10.72$ Water Service Turn-off/Turn-on (Delinquent Accounts) Regular Hours 42.88$ 42.88$ After Hours 107.21$ 107.21$ Flow and Pressure Test (Uncertified) 3/4" & 1" meters only 42.88$ 42.88$ 1-1/2" & 2" meters only 85.76$ 85.76$ Larger than 2" Time & Materials Time & Materials Utility Plant Locates Regular Hours N/C N/C After Hours 107.21$ 107.21$ Emergency N/C N/C Meter Test Fee (based on meter size) 3/4" & 1" 94.95$ 94.95$ 1-1/2" & 2" 153.15$ 153.15$ 3" or greater Time & Materials Time & Materials Engineering Services* Plan Check Fees Main Extensions: per foot 0.22$ 0.34$ BUT not less than 214.41$ 321.62$ (includes hydrants and appurtenances and connection to water system) Pump Stations 536.03$ 804.04$ Fireline Extension 85.76$ 128.65$ Irrigation Systems 85.76$ 128.65$ System Connections 85.76$ 128.65$ Miscellaneous (per hour) 42.88$ 64.32$ * Fees include original review and one resubmittal review. Additional reviews will be charged at miscellaneous hourly rate (above). 15.06-A7 (Revised 2/04) Within City Limits Outside City Limits 2004 2004 MISCELLANEOUS (cont’d) Storm Drainage Plan Review Fees ** Preliminary Drainage Plans Residential Development 331.83$ N/A Non-Residential Development 229.73$ N/A Plus per ISU 10.21$ Final Detailed Drainage Plans Residential Development (per lot) 0 - 20 Lots 35.74$ N/A 21 - 50 Lots 25.53$ N/A 51 - 100 Lots 22.97$ N/A 100+ Lots 20.42$ N/A Minimum Charge 255.25$ N/A Non-Residential Development per ISU 20.42$ N/A Minimum Charge 306.30$ N/A Resubmittal Fees First Resubmittal No Charge N/A Subsequent Resubmittal 255.25$ N/A Storm Drainage Inspection Fees ** Residential Development (per lot) 15.32$ N/A Non-Residential Development (per ISU) 15.32$ N/A Minimum Charge 153.15$ N/A Conveyance Facility Extensions (per foot) 0.77$ N/A Minimum Charge 306.30$ N/A Unscheduled Inspections* (per site visit) 42.88$ N/A ** Does not apply to single family residence or duplex construction on an existing established lot. Utility/Lien Search Fee (Manual)* 30.00$ 30.00$ *Search per parcel *(Unscheduled inspections shall be tracked through the course of a project and billed after the final site inspection. Fees for unscheduled inspections shall be paid prior to final occupancy approval.) (Revised 2/04) Title 21 LAND USE Chapters: 21.02 ZONING CODE 21.04 SHORELINE DEVELOPMENT 21.06 COMPREHENSIVE PLAN AMENDMENTS 21.12 STATE ENVIRONMENTAL POLICY ACT 21.22 CRITICAL LANDS ORDINANCE Tables-1 (Revised 2/04) 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) 4852 Repeals and replaces Chapter 21.06, comprehensive plans (21.06) 4853 Council salaries (Special) 4854 Alley vacation (Special) 4855 Rezone (Special) 4856 Adds Chapter 11.12, transportation development; amends Chapter 11.08, sidewalks construction and repair, Chapter 11.10, sidewalks, duties of abutting property owners, and § 13.10.080, trees, planting and maintenance; and repeals and replaces § 15.01.100, utility system standards (11.08, 11.10, 11.12, 13.10, 15.01) 4857 Amends § 11.02.080, right-of-way use permits (11.02) 4858 Amends Chapter 21.02, Figure 152(b), zoning (21.02) 4859 Adds Chapter 9.20, pawnbrokers and second hand dealers; amends Chapter 3.01, Rate Table A, and Chapter 5.03, general provisions; recodifies Chapter 5.42 as Chapter 9.34, hotels and motels, and Chap- ter 5.80 as Chapter 3.74, amusement devices; repeals Chapters 5.10, 5.12, 5.25, 5.30, 5.38, 5.46, 5.48, 5.54, 5.60, 5.76, 5.84, 5.98, and 5.99 (3.01, 3.74, 5.03, 9.20, 9.34) 4860 Adds § 21.02.335, wireless telecommunications facilities (21.02) 4861 Amends § 21.02.330, off-premises signs (21.02) 4862 Street vacation (Special) 4863 Amends Ord. 4839, Fiscal year 2003 budget (Special) 4864 Adds Chapter 2.03, mayor; repeals § 2 of Ord. 4357 (2.03) 4865 Amends Chapter 3.01, Rate Table B, and § 10.11.010, parking and enforcement; repeals Chapter 10.08, parking zones, and Chapter 10.09, residential parking permits; repeals and replaces Chapter 10.10, handicapped parking (3.01, 10.10, 10.11) 4866 Amends Chapter 7.12, dangerous animals, and Chapter 7.14, misdemeanors, infractions, and penalties; repeals Chapter 7.16, livestock restricted areas (7.12, 7.14) 4867 Amends Chapter 2.05, departments and directors (2.05) 4868 Adds § 2.76.550, credit/purchase card use (2.76) 4869 Amends Chapter 3.01, Rate Table A (3.01) 4870 Westpark housing cooperation (Special) 4871 Adds Chapter 2.74, travel authorization and expense reimbursement; repeals Ord. 3693 (2.74) 4872 Natural gas franchise (Special) 4873 Community renewal plan (Special) 4874 Amends §§ 11.02.250, 11.02.260, 11.02.270, 11.02.280, 11.02.310, and 11.02.320, right-of-way use (11.02) 4875 Energy franchise (Special) 4876 Tax levy (Special) 4877 Adds Chapter 2.01, elected official - PERS (2.01) 4878 Amends 2003 budget (Special) 4879 Amends § 3.82.020, commercial parking tax (3.82) 4880 Amends Chapter 3.01, Rate Tables A, B, C, D, E, F, and G; repeals Rate Table F1, §§ 3.01.090 and 3.01.095 (3.01) (Revised 2/04)Tables-2 4881 Amends § 15.06.015, Appendix A (15.06) 4882 Amends § 3.50.050, utility taxes (3.50) 4883 2004 budget; repeals Chapters 3.10, conference center fund, and 3.38, discretionary reserve fund (Spe- cial)