HomeMy WebLinkAbout14 bremerton0911_supp14SUPPLEMENT DIRECTIONS
BREMERTON MUNICIPAL CODE
Supplement No. 14 – September 2011
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.
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reference, the person making these changes may also date and initial this page.
This supplement includes all legislation passed up to and including Ordinance 5159, passed August 17,
2011.
The online version of the code is updated more frequently than the print version. Reference the disclaimer
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Remove these pages Insert these pages
Title 1
1.04-1 – 1.04-7 .......................................... 1.04-1 – 1.04-9
Title 2
2.09-1 – 2.09-2 .......................................... 2.09-1 – 2.09-2
2.13-3 – 2.13-4 .......................................... 2.13-3 – 2.13-4
2.62-1 – 2.62-2 .......................................... 2.62-1 – 2.62-2
Title 3
Table of Contents .................................. Table of Contents
3.12-1 – 3.12-2 .......................................... 3.12-1 – 3.12-3
3.44-1 – 3.44-4 ............................................................... —
3.48-1 – 3.48-10 ................................... 3.48-1 – 3.48-10.1
— ............................................................................. 3.49-1
Title 5
Table of Contents .................................. Table of Contents
5.04-1 .............................................................................. —
— ............................................................... 5.08-1 – 5.08-3
5.16-1 ......................................................... 5.16-1 – 5.16-2
5.20-1 – 5.20-2 ............................................................... —
Title 6
Table of Contents .................................. Table of Contents
6.02-1 – 6.02-2 .......................................... 6.02-1 – 6.02-2
— ............................................................... 6.06-1 – 6.06-2
— ............................................................... 6.08-1 – 6.08-2
Title 7
7.06-1 – 7.06-2 .......................................... 7.06-1 – 7.06-2
7.08-1 – 7.08-3 .......................................... 7.08-1 – 7.08-3
Title 9
Table of Contents .................................. Table of Contents
9.08-1 – 9.08-3 ............................................................... —
9.14-1 – 9.14-2 ............................................................... —
9.16-1 – 9.16-2 ............................................................... —
9.90-1 .............................................................................. —
(Revised 9/11)
Updated by: _______
Dated: ____________
Remove these pages Insert these pages
Title 9 (Continued)
9.92-1 – 9.92-2 ........................................... 9.92-1 – 9.92-2
Title 9A
9A.32-1 – 9A.32-2 ............................... 9A.32-1 – 9A.32-2
9A.44-1 – 9A.44-2 ............................... 9A.44-1 – 9A.44-2
Title 10
10.04-1 – 10.04-2 ................................... 10.04-1 – 10.04-2
10.10-1 – 10.10-2 ................................ 10.10-1 – 10.10-2.1
10.10-5 ................................................................... 10.10-5
10.11-1 – 10.11-3 ................................... 10.11-1 – 10.11-3
Title 11
11.12-3 – 11.12-6 ................................... 11.12-3 – 11.12-6
Title 13
13.10-1 – 13.10-3 ................................... 13.10-1 – 13.10-3
Title 18
Table of Contents ................................... Table of Contents
18.02-13 – 18.02-16 ........................ 18.02-13 – 18.02-16.1
18.08-1 – 18.08-2 ........................................................... —
Tables
5 – 8 ........................................................................... 5 – 8
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arise while removing and replacing supplement pages.
(Revised 9/11)
1.04-1 (Revised 9/11)
Chapter 1.04
CODE ENFORCEMENT
Sections:
1.04.010 PURPOSE.
1.04.020 DEFINITIONS.
1.04.025 VIOLATION UNLAWFUL -
CIVIL VIOLATION -
MISDEMEANOR.
1.04.030 VOLUNTARY CORRECTION.
1.04.040 NOTICE OF CIVIL
VIOLATION.
1.04.050 STOP WORK ORDER.
1.04.060 CEASE AND DESIST ORDER.
1.04.065 NOTICE TO VACATE.
1.04.070 REMOVAL OF STOP WORK,
CEASE AND DESIST ORDER,
OR NOTICE TO VACATE -
MISDEMEANOR.
1.04.080 HEARING BEFORE THE
ADMINISTRATIVE HEARING
EXAMINER.
1.04.090 VIOLATIONS - MONETARY
PENALTY AND COSTS.
1.04.100 JOINT AND SEVERAL
RESPONSIBILITY AND
LIABILITY.
1.04.110 ABATEMENT.
1.04.120 COSTS OF ABATEMENT -
LIEN.
1.04.130 COLLECTION OF PENALTIES
AND COSTS.
1.04.140 CONFLICTING CODE
PROVISIONS.
1.04.150 DUTY NOT CREATING
LIABILITY.
1.04.010 PURPOSE.
The purpose of this chapter is to establish an effi-
cient system to enforce regulations of the City, provid-
ing an opportunity for a prompt hearing and decision on
alleged violations and establishing penalties for viola-
tions. This chapter shall apply to all regulations as
defined in BMC 1.04.020(o); provided, that a violation
of any such regulation that provides for criminal penal-
ties in addition to or as an alternative to enforcement
under this chapter may, at the discretion of the City, be
prosecuted as a criminal violation pursuant to BMC
1.12.020(2). (Ord. 5148 §1 (in part), 2011: Ord. 4819,
Added, 11/15/2002)
1.04.020 DEFINITIONS.
As used in this chapter, unless a different meaning
is plainly required:
(a) "Abate" means to repair, replace, remove,
destroy or otherwise remedy a condition that constitutes
a civil violation by such means, in such manner, and to
such an extent as the code enforcement officer or the
Administrative Hearing Examiner determines is neces-
sary in the interest of the general health, safety and wel-
fare of the community.
(b) "Act" means doing or performing something.
(c) "Administrative Hearing Examiner" means the
Administrative Hearing Examiner and the office thereof
established pursuant to Chapter 2.13 BMC.
(d) "City" means City of Bremerton.
(e) "Civil violation" or "violation" means an act or
omission contrary to a regulation as defined in subsec-
tion (m) of this section. A violation continues to exist
until abated and each day, or a portion thereof, that a
violation exists constitutes a separate and distinct
offense.
(f) "Code enforcement officer" means any person
or persons authorized by statute, ordinance, regulation,
written City policy, or interlocal agreement, or desig-
nated by the Mayor or his or her designee, to enforce any
of the regulations subject to the enforcement and penalty
provisions of this chapter, and shall expressly include
the City’s code enforcement officers; the City Attorney,
or his or her designee; the Chief of the Bremerton Police
Department, or his or her designee; the Director of the
Department of Community Development, or his or her
designee; the Director of the Department of Public
Works and Utilities, or his or her designee; building
inspectors; construction inspectors; the Chief of the
Bremerton Fire Department, or his or her designee; Fire
Code Official, and fire inspectors.
(g) "Costs of abatement" means the costs of any
abatement action taken by the City to abate the violation
using lawful means in the event that the person respon-
sible for the violation fails so to do. The term includes
incidental expenses including, but not limited to, per-
sonnel costs, both direct and indirect and including
attorney’s fees; costs incurred in documenting the viola-
tion; hauling, storage and disposal expenses; and actual
costs and expenses of the City in preparing notices,
specifications and contracts, and in accomplishing
and/or contracting and inspecting the work; the costs of
any required printing and mailing; and costs of enforce-
ment.
(h) "Costs" or "costs of enforcement" means costs
incurred related to enforcement under this chapter,
including but not limited to costs of service of notice,
costs of the hearing, administrative costs established by
resolution for enforcement of garbage and refuse and
nuisance vegetation violations, as well as other adminis-
trative costs.
(Revised 9/11)1.04-2
(i) "Day" or "days," as used in this chapter, shall
mean calendar days unless expressly stated otherwise in
a given section or subsection. In addition, any portion of
a twenty-four (24) hour day shall constitute a full calen-
dar day.
(j) "Notice of violation" or "notice of civil viola-
tion" means a written statement, issued by a code
enforcement officer, which contains the information
required under BMC 1.04.040, and which notifies a per-
son that he or she is responsible for one (1) or more vio-
lations of the Bremerton City Code.
(k) "Omission" means a failure to act.
(l) "Person" means any individual, firm, associa-
tion, partnership, corporation or any entity, public or
private.
(m) "Person responsible for the violation" or "per-
son who violates" means, unless otherwise defined, any
person who has titled ownership of the property or struc-
ture which is subject to the regulation, an occupant in
control of the property or structure which is subject to
the regulation, a developer, builder, or business operator
or owner who is developing, building, or operating a
business on the property or in a structure which is sub-
ject to the regulation and/or any person who created the
violation or any person who has control over the prop-
erty and allows the violation to continue.
(n) "Property" or "premises" means any building,
lot, parcel, real estate or land or portion of land whether
improved or unimproved, including adjacent sidewalks,
public rights-of-way, and parking strips and any lake,
river, stream, drainage way or wetland.
(o) "Regulation" means and includes the follow-
ing, as now enacted or hereafter amended:
1. All Bremerton City Code provisions mak-
ing reference to this chapter;
2. All standards, regulations and procedures
adopted by the City that make reference to this chapter;
and
3. The terms and conditions of any permit or
approval issued by the City, or any concomitant agree-
ment with the City, pursuant to code provisions that
make reference to this chapter.
(p) "Repeat violation" means two (2) or more vio-
lations of the same regulation in any location by the
same person for which voluntary compliance previously
has been sought within two (2) years or for which a
notice of civil violation has been issued within two (2)
years.
(q) "Violation" or "civil violation" means an act or
omission contrary to a regulation as defined in subsec-
tion (o) of this section. A violation continues to exist
until abated to the satisfaction of the City, with each day
or portion thereof in which the violation continues con-
stituting a separate violation. (Ord. 5148 §1 (in part),
2011: Ord. 4819, Added, 11/15/2002)
1.04.025 VIOLATION UNLAWFUL - CIVIL
VIOLATION - MISDEMEANOR.
(a) The violation of any regulation, the commis-
sion of a subsequent violation or the failure or refusal to
abate a violation pursuant to an order of the Administra-
tive Hearing Examiner after receipt of written notice of
such order shall be unlawful and shall constitute a civil
violation subject to enforcement before the Administra-
tive Hearing Examiner pursuant to BMC 1.04.080.
In lieu of and as an alternative to a hearing before
the Administrative Hearing Examiner, the City Attor-
ney, or designee, shall, at his or her discretion, have
authority to file an action in a court of competent juris-
diction to seek enforcement of a notice of violation
issued pursuant to BMC 1.04.040, abatement of the vio-
lation pursuant to BMC 1.04.110 and assessment and
collection of penalties, costs and abatement as provided
for in this chapter.
(b) In addition any violation of this chapter shall
constitute a misdemeanor pursuant to BMC 1.12.020(2).
The City Attorney, or designee, shall, at his or her dis-
cretion, have authority to file a violation as either a civil
violation pursuant to this chapter, or as a criminal mis-
demeanor. All criminal misdemeanor charges filed
under this chapter shall be filed with the Bremerton
municipal court. When the City files criminal misde-
meanor charges pursuant to this chapter, the City shall
have the burden of proving, beyond a reasonable doubt,
that the violation occurred.
(c) The provisions of this chapter are not exclu-
sive, and may be used in addition to or in conjunction
with other enforcement and penalty provisions author-
ized by the Bremerton City Code or state law. (Ord.
5148 §1 (in part), 2011)
1.04.030 VOLUNTARY CORRECTION.
(a) Applicability. The provisions of this section
may be utilized whenever the code enforcement officer
or Administrative Hearing Examiner determines that a
violation of a regulation has occurred or is occurring.
(b) General. Prior to the issuance of a notice of
violation, the code enforcement officer may, at his or
her discretion, attempt to secure the voluntary correc-
tion of a violation of a regulation by contacting the per-
son responsible for the violation, explaining the
violation, and requesting correction. The failure of the
code enforcement officer to seek voluntary correction
shall not invalidate any code enforcement action taken
by the code enforcement officer or the City of Bremer-
ton.
(c) Issuance of Voluntary Correction Agreement.
A voluntary correction agreement may be entered into
between the person responsible for the violation and the
City, acting through the code enforcement officer.
(d) Content of Agreement. The voluntary correc-
tion agreement is a contract between the City and the
1.04-3 (Revised 9/11)
person responsible for the violation under which that
person agrees to abate the violation within a specified
time and according to specified conditions. The volun-
tary correction agreement shall include the following:
1. The name and address of the person
responsible for the violation; and
2. The street address or a description suffi-
cient for identification of the building, structure, pre-
mises, or land upon or within which the violation has
occurred or is occurring; and
3. A description of the violation and a refer-
ence to the regulations which have been violated; and
4. An acknowledgement by the person
responsible for the violation that the violation described
in the correction agreement exists; and
5. The necessary corrective action to be
taken, the date or time by which correction must be
completed, and an acknowledgement by the person
responsible for the violation that he or she will correct
the violation within the time specified in the voluntary
correction agreement; and
6. Acknowledgement by the person respon-
sible for the violation that the City may inspect the pre-
mises as may be necessary, during reasonable times, to
determine compliance with the voluntary correction
agreement; and
7. Acknowledgement by the person respon-
sible for the violation that the City may abate the viola-
tion and recover its costs and expenses of enforcement
and abatement and/or a monetary penalty pursuant to
this chapter from the person responsible for the violation
if the terms of the voluntary correction agreement are
not met; and
8. The time and place for a hearing before the
Administrative Hearing Examiner in the event that the
alleged violation is not abated by the person responsible
for the violation.
(e) Extension - Modification. An extension of the
time limit for correction or a modification of the
required corrective action may be granted by the code
enforcement officer if the person responsible for the vio-
lation has shown due diligence and/or substantial
progress in correcting the violation but unforeseen cir-
cumstances render correction under the original condi-
tions unattainable.
(f) Abatement by the City. In addition to any other
remedy provided for in this chapter, the City may seek
abatement of the violation in accordance with BMC
1.04.110 if the terms of the voluntary correction agree-
ment are not met.
(g) Penalties and Costs. If the terms of the volun-
tary correction agreement are not met, the person
responsible for the violation may be assessed a mone-
tary penalty plus all costs of enforcement pursuant to
BMC 1.04.090 and costs of abatement pursuant to BMC
1.04.110. (Ord. 5148 §1 (in part), 2011: Ord. 4819,
Added, 11/15/2002)
1.04.040 NOTICE OF CIVIL VIOLATION.
(a) Issuance of Notice of Violation. When the code
enforcement officer determines that a violation has
occurred or is occurring, and does not secure voluntary
correction pursuant to BMC 1.04.030, the code enforce-
ment officer may issue a notice of civil violation to the
person responsible for the violation.
(b) Content of Notice. The notice of civil violation
shall include the following:
1. The name and address of the person
responsible for the violation; and
2. The street address or description sufficient
for identification of the building, structure, premises, or
land upon or within which the violation has occurred or
is occurring; and
3. A description of the violation and a refer-
ence to the code provisions and regulations that have
been violated; and
4. The required corrective action and the date
and time by which the corrective action must be com-
pleted; and
5. The date, time and location of a hearing
before the Administrative Hearing Examiner; and
6. A statement indicating that the hearing
will be canceled and no monetary penalty will be
assessed if the code enforcement officer approves the
completed, required corrective action by the date and
time requested in the notice; and
7. A statement that the costs and expenses of
enforcement incurred by the City and a monetary pen-
alty in an amount per day for each violation pursuant to
BMC 1.04.090 and costs of abatement pursuant to BMC
1.04.110 may be assessed against the person to whom
the notice of civil violation is directed as specified and
ordered by the Administrative Hearing Examiner; and
8. A statement that the failure to attend the
hearing before the Administrative Hearing Examiner
may result in a default judgment against the person
responsible for the violation, whereby the Administra-
tive Hearing Examiner may enter judgment in favor of
the City, assess penalties and costs against the person
responsible for the violation, and order the abatement of
the violation at the expense of the person responsible for
the violation.
(c) Extension. Extensions of the time specified in
the notice of civil violation for correction of the viola-
tion may be granted at the discretion of the code
enforcement officer; the City Attorney, or his or her des-
ignee; or by order of the Administrative Hearing Exam-
iner.
(Revised 9/11)1.04-4
(d) Service of Notice. The code enforcement
officer shall serve or cause to be served the notice of
civil violation upon the person responsible for the viola-
tion by personal service pursuant to subsection (e)(1) of
this section, or by mail pursuant to subsection (e)(2) of
this section. If the person responsible for the violation
cannot be reasonably personally served within the City
and if an address for mailed service cannot be ascer-
tained, notice shall be served by posting a copy of the
notice of civil violation conspicuously on the affected
property or structure pursuant to subsection (e)(3) of this
section and/or publication pursuant to subsection (e)(4)
of this section.
(e) Methods of Service Defined. The methods of
service of notice as used in this chapter are defined as
follows:
1. Personal Service. Personal service on the
person responsible for the violation shall mean handing
the notice to the person responsible for the violation or
leaving it at his or her dwelling house or usual place of
abode with some person of suitable age and discretion
then residing therein, or leaving it at his or her office or
place of employment with a person in charge thereof.
Personal service shall also be deemed complete when
the hearing examiner or his or her assistant hands any
order, ruling, decision, or other document to a person
prior to, during, or after a hearing; or
2. Mailing. Service by mail shall mean send-
ing the document by regular first class mail to the last
known address of the person subject to the document.
The last known address shall be an address provided to
the City by the person to whom the document is
directed; if an address has not been provided to the City,
the last known address shall be any of the following as
they appear at the time the document is mailed: the
address of the property where the violation is occurring,
as reflected on the most recent equalized tax assessment
roll of the county assessor, or the taxpayer address
appearing for the property on the official property tax
information website for Kitsap County; the address
appearing in any database used for the payment of utili-
ties for the property at which the violations are occur-
ring; the address appearing in any database for the
application for a business license or building permit for
the property at which the violations are occurring; or the
address of the person to whom the documents are being
sent that appears in the Washington State Department of
Licensing database. Where service of the notice of vio-
lation is by mail, service shall be deemed complete upon
the third day following the day upon which they are
placed in the mail, unless the third day falls on a Satur-
day, Sunday, or legal holiday, in which event service
shall be deemed complete on the first day other than a
Saturday, Sunday, or legal holiday following the third
day; or
3. Posting. Posting shall mean posting a copy
of the notice in a conspicuous place on the property; or
4. Publication. Publication of notice shall
mean publication as set forth in RCW 4.28.100 and
4.28.110, as currently enacted or hereafter amended.
(f) Proof of Service. Proof of service shall be
made by a written declaration under penalty of perjury
executed by the person effecting the service, declaring
the time and date of service, the manner by which the
service was made, and if by posting and/or publication
in lieu of personal service or mail, the facts showing that
due diligence was used in attempting to serve the person
personally or by mail.
(g) Additional Proof of Service Not Necessary.
The Administrative Hearing Examiner shall not require
additional proof of service beyond the requirements in
this chapter. (Ord. 5148 §1 (in part), 2011: Ord. 4819,
Added, 11/15/2002)
1.04.050 STOP WORK ORDER.
In addition to any remedy provided for in this chap-
ter, the code enforcement officer may issue a stop work
order whenever a violation of a regulation will materi-
ally impair the code enforcement officer’s ability to
secure compliance, or when a violation of the regulation
threatens the health, safety, or welfare of any member of
the public or occupants of the property. The stop work
order shall contain substantially the same information as
required by BMC 1.04.040(b) and may be appended to,
or incorporated by reference in, a notice of violation.
Notice of the stop work order shall be deemed served
upon posting of the notice as required by BMC
1.04.040(e)(3), and shall be effective upon service. The
violation of a stop work order shall constitute a misde-
meanor, punishable by imprisonment in jail for a maxi-
mum term fixed by the court of not more than ninety
(90) days, or by a fine in an amount fixed by the court of
not more than one thousand dollars ($1,000), or by both
such imprisonment and fine. (Ord. 5148 §1 (in part),
2011: Ord. 4819, Added, 11/15/2002)
1.04.060 CEASE AND DESIST ORDER.
In addition to any remedy provided for in this chap-
ter, the code enforcement officer may issue a cease and
desist order whenever a violation of a regulation threat-
ens the health, safety, or welfare of any member of the
public or occupants of the property. The cease and desist
order shall contain substantially the same information as
required by BMC 1.04.040(b), and may be appended to,
or incorporated by reference in, a notice of violation.
Notice of the cease and desist order shall be deemed
served upon posting of the notice as required by BMC
1.04.040(e)(3), and shall be effective upon service. The
1.04-5 (Revised 9/11)
violation of a cease and desist order shall constitute a
misdemeanor, punishable by imprisonment in jail for a
maximum term fixed by the court of not more than
ninety (90) days, or by a fine in an amount fixed by the
court of not more than one thousand dollars ($1,000), or
by both such imprisonment and fine. (Ord. 5148 §1 (in
part), 2011: Ord. 4819, Added, 11/15/2002)
1.04.065 NOTICE TO VACATE.
In addition to any remedy provided for in this chap-
ter, the code enforcement officer may issue a notice to
vacate whenever a violation of a regulation results in a
condition as to make it immediately dangerous to life,
limb, property or safety of the public or occupants of the
property. The notice to vacate shall contain substantially
the same information as required by BMC 1.04.040(b),
and may be appended to, or incorporated by reference
in, a notice of violation. Notice of the notice to vacate
shall be deemed served upon posting of the notice as
required by BMC 1.04.040(e)(3), and shall be effective
upon service. The violation of a notice to vacate shall
constitute a misdemeanor, punishable by imprisonment
in jail for a maximum term fixed by the court of not
more than ninety (90) days, or by a fine in an amount
fixed by the court of not more than one thousand dollars
($1,000), or by both such imprisonment and fine. (Ord.
5148 §1 (in part), 2011: Ord. 4819, Added, 11/15/2002)
1.04.070 REMOVAL OF STOP WORK,
CEASE AND DESIST ORDER, OR
NOTICE TO VACATE -
MISDEMEANOR.
The removal of a stop work order or cease and
desist order posted in conformity with the requirements
of BMC 1.04.050 or 1.04.060, without the authorization
of the code enforcement officer or Administrative Hear-
ing Examiner, shall constitute a misdemeanor, punish-
able by imprisonment in jail for a maximum term fixed
by the court of not more than ninety (90) days, or by a
fine in an amount fixed by the court of not more than one
thousand dollars ($1,000), or by both such imprison-
ment and fine. (Ord. 5148 §1 (in part), 2011: Ord. 4819,
Added, 11/15/2002)
1.04.080 HEARING BEFORE THE
ADMINISTRATIVE HEARING
EXAMINER.
(a) Notice. A person to whom a notice of civil vio-
lation is issued will be scheduled to appear before the
Administrative Hearing Examiner not less than ten (10)
calendar days from the date of service of the notice of
violation or entrance into a voluntary correction agree-
ment. In the event that the hearing is held after the per-
son responsible for the violation enters a voluntary
correction agreement, the date of the hearing shall be the
date specified in the voluntary correction agreement. An
extension of the time for compliance with the correction
requirements of a notice of violation or a voluntary cor-
rection agreement, as well as the date and time for a
hearing before the Administrative Hearing Examiner,
may be granted at the discretion of the code enforcement
officer; the City Attorney, or his or her designee; or the
Administrative Hearing Examiner.
(b) Prior Correction of Violation. The hearing will
be canceled and no monetary penalty will be assessed if
the code enforcement officer or the City Attorney, or his
or her designee, approves the completed corrective
action by the date and time requested in the notice.
(c) Procedure. Except as otherwise provided for
herein, the Administrative Hearing Examiner shall con-
duct a hearing on the civil violation pursuant to Chapter
2.13 BMC. The City and the person to whom the notice
of civil violation was directed may participate in the
hearing and each party, or its legal representatives, may
call witnesses and present evidence. The City shall have
the burden of proving, by a preponderance of the evi-
dence, that a violation has occurred and that the correc-
tive action required by the code enforcement officer is
reasonably calculated to correct the violation. Formal
rules of evidence shall not apply to any such hearing.
(d) Decision of the Administrative Hearing Exam-
iner.
1. In the event that the Administrative Hear-
ing Examiner determines that a violation occurred or is
occurring, the Administrative Hearing Examiner shall
issue an order to the person responsible for the violation
which contains the following information:
a. The decision regarding the alleged
violation including findings and conclusions based
thereon in support of the decision;
b. The required corrective action;
c. The date and time by which the cor-
rection must be completed;
d. The monetary penalties and costs of
enforcement, if any, assessed pursuant to BMC 1.04.090
and costs of abatement, if any, assessed pursuant to
BMC 1.04.110;
e. The date and time after which the City
may proceed with abatement of the unlawful condition
if the required correction is not completed.
(e) Notice of Decision. The Administrative Hear-
ing Examiner shall issue his or her decision within ten
(10) working days of the hearing, unless the Administra-
tive Hearing Examiner determines that more time is nec-
essary. The decision shall be mailed by first class or
electronic mail or hand-delivered to the person to whom
the notice of violation was issued and to the code
enforcement officer.
(f) Failure to Appear. If the person to whom the
notice of civil violation was issued fails to appear at the
scheduled hearing, the Administrative Hearing Exam-
(Revised 9/11)1.04-6
iner may issue at the City’s request, or upon his or her
own ruling, an order of default, assess the appropriate
penalty and costs pursuant to BMC 1.04.090 and order
abatement of the violation at the expense of the person
responsible for the violation. The City may serve notice
of the default and penalty and cost assessment on the
person responsible for the violation and enforce the
Administrative Hearing Examiner’s order and recover
all costs of abatement, related costs of enforcement,
including the cost of the hearing, and any monetary pen-
alty from that person. Within ten (10) days after issu-
ance of the default order, the party against whom it was
entered may file a written motion requesting that the
order be vacated. The Administrative Hearing Examiner
may, at his or her discretion, based upon a showing of
good cause, vacate the order of default and schedule the
matter for hearing. In the event that the default order is
vacated, the person against whom it was entered shall
pay all costs attributable to his or her failure to appear.
(g) Motion for Reconsideration. A motion for
reconsideration of the decision of the Administrative
Hearing Examiner may be filed pursuant to BMC
2.13.120.
(h) Appeal to Superior Court. An appeal of the
decision of the Administrative Hearing Examiner must
be filed with the Superior Court within twenty-one (21)
calendar days of the issuance of the decision. (Ord. 5148
§1 (in part), 2011: Ord. 4819, Added, 11/15/2002)
1.04.090 VIOLATIONS - MONETARY
PENALTY AND COSTS.
(a) Assessment of Monetary Penalty. The Admin-
istrative Hearing Examiner shall, upon finding that a
violation of a regulation has occurred, assess a monetary
penalty in an amount of five hundred dollars ($500.00)
for each violation. Each day, or a portion thereof, that a
violation exists constitutes a separate and distinct
offense for which a monetary penalty may be assessed.
The Administrative Hearing Examiner shall have the
discretion to assess a lesser amount per day if he or she
believes the situation warrants such. The monetary pen-
alty shall, at the discretion of the Administrative Hear-
ing Examiner, be assessed as of:
1. The date of the issuance of the notice of
civil violation; or
2. The date on which the matter was heard by
the Administrative Hearing Examiner; or
3. The date upon which the person responsi-
ble for the violation is or was to have corrected the vio-
lation.
(b) Costs. In addition, the Administrative Hearing
Examiner may assess costs of enforcement as defined in
BMC 1.04.020(h) and costs of abatement as defined in
BMC 1.04.020(g).
(c) Modification of Monetary Penalty. Upon a
finding that the person responsible for the violation will
correct the violation within a reasonable time of the
hearing, the Administrative Hearing Examiner may
postpone the assessment of the monetary penalty for a
reasonable period. If, prior to the expiration of the
period of postponement, the code enforcement officer or
the City Attorney or his or her designee is satisfied that
the violation has been corrected, the Administrative
Hearing Examiner or the City Attorney may relieve the
person responsible for the violation of the duty to pay all
or a portion of the monetary penalty. If, after the period
of postponement, the violation has not been corrected,
the penalties assessed against the person responsible for
the violation shall be assessed from the date of the vio-
lation, and payment shall be due.
(d) Monetary Penalty for Repeat Violations. The
Administrative Hearing Examiner shall, upon finding
that a repeat violation as defined in BMC 1.04.020(n)
has occurred, assess a monetary penalty in an amount of
one thousand dollars ($1,000) for each repeat violation,
per day, or a portion thereof. The Administrative Hear-
ing Examiner shall have the discretion to assess a lesser
amount per day if he or she believes the situation war-
rants such.
(e) Collection of Costs and Monetary Penalties.
The costs and monetary penalties assessed pursuant to
this section constitute a personal obligation of the per-
son to whom the notice of civil violation is directed or
the person responsible for the violation. Any costs or
monetary penalties assessed must be paid to the City
within ten (10) calendar days from the date of mailing of
the Administrative Hearing Examiner’s decision or a
notice from the City that costs or penalties are due. The
City Attorney, or his or her designee, is authorized to
take legal action to collect the costs or monetary penal-
ties including filing civil actions or turning the matter
over to collection pursuant to BMC 1.04.130.
(f) Continued Duty to Correct. Payment of a mon-
etary penalty pursuant to this chapter does not relieve
the person responsible for the violation of the duty to
correct the violation. (Ord. 5148 §1 (in part), 2011: Ord.
4819, Added, 11/15/2002)
1.04.100 JOINT AND SEVERAL
RESPONSIBILITY AND
LIABILITY.
Responsibility for violations of the codes enforced
under this chapter is joint and several, and the City is not
prohibited from taking action against a party where
other persons may also be potentially responsible for a
violation, nor is the City required to take action against
all persons potentially responsible for a violation. (Ord.
5148 §1 (in part), 2011: Ord. 4819, Added, 11/15/2002)
1.04-7 (Revised 9/11)
1.04.110 ABATEMENT.
(a) In General. At the hearing before the Adminis-
trative Hearing Examiner, the code enforcement officer
or the City Attorney or his or her designee may request
that an order of abatement issue in the event that the
Administrative Hearing Examiner determines that a vio-
lation of a regulation exists. The order of abatement
shall require the person responsible for the violation to
abate the violation and permit the City to abate the vio-
lation using lawful means in the event that the person
responsible for the violation fails so to do. The City may
seek such judicial process as it deems necessary to effect
the removal or correction of such condition causing the
violation.
(b) Abatement by the City. The City may abate a
condition which was caused by or continues to be a civil
violation when:
1. The terms of voluntary correction agree-
ment pursuant to BMC 1.04.030 have not been met; or
2. A notice of civil violation has been issued
pursuant to BMC 1.04.040 and (a) a hearing has been
held pursuant to BMC 1.04.080 and the required correc-
tion has not been completed by the date specified in the
Administrative Hearing Examiner’s order or (b) a hear-
ing has been held by a court of competent jurisdiction
and the required correction has not been completed by
the date specified in the court’s order; or
3. The condition is subject to summary
abatement as provided for in subsection (c) of this sec-
tion.
(c) Summary Abatement. Whenever any nuisance
causes a condition the continued existence of which
constitutes an immediate threat to the public health,
safety or welfare or to the environment, the City may
summarily and without prior notice abate the condition.
Notice of such abatement, including the reason for it,
shall be given to the person responsible for the violation
as soon as reasonably possible after the abatement. No
right of action shall lie against the City or its agents,
officers, or employees for actions reasonably taken to
prevent or cure any such immediate threats, but neither
shall the City be entitled to recover any costs incurred
for summary abatement prior to the time that actual
notice of same is provided to the person responsible for
the violation.
(d) Authorized Action by the City. Using any law-
ful means, the City may enter upon the subject property
and may remove or correct the condition which is sub-
ject to abatement. The City may seek such judicial pro-
cess as it deems necessary to effect the removal or
correction of such condition.
(e) Interference. Any person who knowingly
obstructs, impedes, or interferes with the City or its
agents, or with the person responsible for the violation
in the performance of duties imposed by this chapter,
shall be guilty of a misdemeanor punishable by impris-
onment not exceeding ninety (90) days and a fine not
exceeding one thousand dollars ($1,000).
(f) Other Abatement Proceedings Not Precluded.
Nothing in this section shall prohibit the City from pur-
suing abatement pursuant to any other laws of the State
of Washington or the City of Bremerton. (Ord. 5148 §1
(in part), 2011: Ord. 4819, Added, 11/15/2002)
1.04.120 COSTS OF ABATEMENT - LIEN.
(a) Costs of Abatement. The costs and incidental
expenses of any abatement action taken by the City as
defined in BMC 1.04.020(g), including costs of enforce-
ment set forth in BMC 1.04.020(h), shall become a
charge to the person responsible for the violation. These
charges may be assessed against the person responsible
for the violation or the property upon which the viola-
tion occurred. Costs of abatement must be paid to the
City within ten (10) calendar days from the date of mail-
ing of notice from the City that the costs are due. The
City may use any lawful means to collect charges,
including but not limited to those set forth in BMC
1.04.130. The City Attorney, or his or her designee, is
authorized to take legal action to collect the costs of any
abatement. All such costs and expenses shall constitute
a lien against the affected property, as set forth in sub-
section (b) of this section.
(b) Lien - Authorized.
1. Account of Expense. The code enforce-
ment officer shall keep an itemized account of expense
incurred for the cost of abatement of property. Upon
completion of the work, the code enforcement officer
shall prepare and file with the City Clerk a report speci-
fying the work done, the itemized total cost of the work,
including administrative charge, a description of the
property abated, and the name and addresses of the
owner or agent, and occupant or tenant if known.
2. Report Transmitted to Council. Upon
receipt of the report, the City Clerk shall present it to
Council for consideration. The Council shall fix a time,
date and place for hearing the report and any protests or
objections thereto. The City Clerk shall cause notice of
said hearing to be posted upon the property involved,
and served by certified mail, postage prepaid, addressed
to the owner or agent of the owner, and occupant or ten-
ant if known. If the tenant or occupant is not known,
notice shall be sent by first class mail to the occupant of
the residence subject to the abatement. Such notice will
be given at least ten (10) days prior to the date set for
hearing and shall specify the date, hour and place when
the Council will hear and pass upon the code enforce-
ment officer report, together with any objections or pro-
tests which may be filed as hereinafter provided by any
person interested in or affected by the proposed charge.
Notice of the hearing shall also be published in a news-
(Revised 9/11)1.04-8
paper of general circulation in the City of Bremerton
when required by law.
3. Protests and Objections. Any person inter-
ested in or affected by the proposed charge may file
written protests or objections with the City Clerk prior
to the hearing. Each protest must state the grounds of
such protest or objection. The Clerk shall present such
protests and objections to the Council at the time of the
hearing and no other protests or objections will be con-
sidered.
4. Hearing. The Council shall hear and pass
upon the report of the code enforcement officer,
together with objections and protests. The Council may
revise or modify the report as it may deem just. When
the Council is satisfied with the correctness of the
charge, the report, together with the charge, shall be
confirmed or rejected. The decision of the Council on
the report and the charge, and on all protests or objec-
tions, shall be final and conclusive.
(c) Assessment against Property. The City shall
have a lien for the costs and incidental expenses of any
abatement as defined in BMC 1.04.020(g), for the cost
of any abatement action taken by the City, under this
chapter, against the real property on which the work of
abatement was performed as follows:
1. Unfit Structures. Liens established as the
result violations of the International Property Mainte-
nance Code as adopted pursuant to BMC 17.04.020 and
amended pursuant to BMC 17.04.110 (the “IPMC”)
shall be assessed pursuant to the IPMC as currently
enacted and as amended in the future. Pursuant to RCW
35.80.030(1)(h), incorporated herein by reference, the
lien shall be assessed upon the tax rolls of the subject
property and shall be subordinate to all previously exist-
ing special assessment liens imposed on the same prop-
erty and shall be superior to all other liens, except for
state and county taxes, with which it shall be on a parity.
2. Garbage. Liens for garbage and rubbish
abatement shall be assessed against the subject property
pursuant to RCW 35.21.140 and 35.21.150 and shall be
prior to all liens filed subsequent to the filing of the
notice of lien with the county auditor, except liens of
general taxes and local improvements.
3. Nuisance Vegetation. Liens for nuisance
vegetation abatement, when initiated by City Council
resolution, whether or not enforced in conjunction with
a hearing before the Administrative Hearing Examiner
pursuant to BMC 1.04.080, shall be assessed against the
subject property pursuant to RCW 35.21.310 and shall
be enforced and foreclosed in the manner as provided by
law for liens for labor and materials.
4. Other. Other liens shall be assessed
against the subject property as authorized by law or
court order. (Ord. 5148 §1 (in part), 2011: Ord. 4819,
Added, 11/15/2002)
1.04.130 COLLECTION OF PENALTIES
AND COSTS.
(a) Collection. In addition to or in lieu of the pro-
visions set forth in this chapter, the City may, at its
option, turn the matter over to collection or commence a
civil action in any court of competent jurisdiction to col-
lect costs and expenses of enforcement, costs of abate-
ment incurred by the City to obtain compliance pursuant
to this chapter and/or to collect any penalties that have
been assessed. Further, the City Administration, upon
concurrence of the City Attorney, may file for injunctive
or other civil relief in Superior Court regarding code
violations.
(b) Collection of Monetary Penalty - Use of Col-
lection Agency. The City is authorized to take legal
action to collect the monetary penalty. Pursuant to
Chapter 19.16 RCW, as currently enacted or hereafter
amended, the City may, at its discretion, use a collection
agency for the purposes of collecting penalties and costs
assessed pursuant to this chapter. The collection agency
may add fees or interest charges to the original amount
assigned to collections as allowed by law. No debt may
be assigned to a collection agency until at least thirty
(30) calendar days have elapsed from the time that the
City attempts to notify the person responsible for the
debt of the existence of the debt and that the debt may
be assigned to a collection agency for collection if the
debt is not paid. Notice of potential assignment to col-
lections shall be made by regular first class mail to the
last known address of the person responsible for the vio-
lation; provided, inability to ascertain a current mailing
address shall not prohibit the debt from being assigned
to collections. (Ord. 5148 §1 (in part), 2011: Ord. 4819,
Added, 11/15/2002)
1.04.140 CONFLICTING CODE
PROVISIONS.
In the event a conflict exists between the enforce-
ment provisions of this chapter and the enforcement pro-
visions of any uniform code, statute, or regulation that is
adopted in the Bremerton City Code that are subject to
the enforcement provisions of this chapter, the enforce-
ment provisions of this chapter will prevail, unless the
enforcement provisions of this chapter are preempted or
specifically modified by said code, statute, or regula-
tion. (Ord. 5148 §1 (in part), 2011: Ord. 4819, Added,
11/15/2002. Formerly 1.04.150)
1.04-9 (Revised 9/11)
1.04.150 DUTY NOT CREATING
LIABILITY.
No provision or term used in this title is intended to
impose any duty upon the City or any of its officers or
employees which would subject them to damages in a
civil action. (Ord. 5148 §1 (in part), 2011: Ord. 4819,
Added, 11/15/2002. Formerly 1.04.160)
2.09-1 (Revised 9/11)
Chapter 2.09
DEPARTMENT OF FINANCIAL SERVICES
Sections:
2.09.010 DEPARTMENT CREATED.
2.09.020 DIRECTOR OF FINANCIAL
SERVICES AND DIVISION
MANAGERS - POSITIONS
CREATED AND
APPOINTMENT.
2.09.030 FINANCE DIVISION CREATED
- DUTIES.
2.09.040 OFFICE OF THE CITY CLERK
CREATED - DUTIES.
2.09.050 OFFICE OF HUMAN
RESOURCES CREATED -
DUTIES.
2.09.060 INFORMATION
TECHNOLOGY DIVISION
CREATED - DUTIES.
2.09.070 BREMERTON KITSAP ACCESS
TELEVISION (BKAT)
DIVISION CREATED - DUTIES.
2.09.010 DEPARTMENT CREATED.
There is hereby created the Department of Financial
Services.
(a) Divisions. The Department of Financial Ser-
vices shall consist of the following divisions, as well as
any other divisions established by the City Council:
(1) Finance;
(2) Office of the City Clerk;
(3) Human Resources;
(4) Information Technology; and
(5) Bremerton Kitsap Access Television
(BKAT).
(b) Duties. The Director of Financial Services
shall be in charge of the Department of Financial Ser-
vices and all divisions established thereunder. The
duties enumerated in each division as set forth in this
chapter may be reassigned within the Department of
Financial Services at the discretion of the Director of
Financial Services for the purpose of achieving work
efficiencies. The Director of Financial Services is also
responsible for the management of the Conference Cen-
ter operating fund. (Ord. 5128 §1 (part), 2010: Ord.
5075 §3, 2009: Ord. 4983 §1 (part), 2006: Ord. 4966 §5
(part), 2006: Ord. 4900 §2, 2004)
2.09.020 DIRECTOR OF FINANCIAL
SERVICES AND DIVISION
MANAGERS - POSITIONS
CREATED AND APPOINTMENT.
(a) Department Director - Appointment. There is
hereby created the position of Director of Financial Ser-
vices who shall be in charge of the Department of Finan-
cial Services and all divisions established thereunder.
The Director of Financial Services shall have complete
charge of all of the work of the Department and shall be
responsible for hiring and supervising employees of the
Department. The Director of Financial Services shall be
appointed by the Mayor, subject to confirmation by the
City Council, on the basis of professional experience,
education and demonstrated knowledge of accepted
practices relating to the duties of the Department. All
appointees to the position of Director of Financial Ser-
vices are terminable at will by the Mayor as set forth in
Chapter 2.05 BMC.
(b) Division Managers - Appointment. There are
hereby created the positions of Finance Officer, Human
Resources Manager, City Clerk, Information Technol-
ogy Manager, and Public Access Manager as managers
for their respective divisions. The managers (hereinafter
"managers" or "division managers") shall manage the
operations of their respective divisions and shall report
directly to the Director of Financial Services. The divi-
sion managers shall be appointed by and shall serve at
the pleasure of the Director of Financial Services, sub-
ject to the approval of the Mayor, on the basis of profes-
sional experience, education and demonstrated
knowledge of accepted practices relating to the duties of
the division. All appointees to the division manager
positions shall serve as "at-will" employees subject to
termination by the Director of Financial Services with-
out cause at any time with no notice or hearing unless
otherwise provided pursuant to an applicable rule or reg-
ulation, the City Charter, ordinance, or terms and condi-
tions as approved by the City Council. (Ord. 5128 §1
(part), 2010: Ord. 5075 §4, 2009: Ord. 5003 §2, 2007:
Ord. 4983 §1 (part), 2006: Ord. 4966 §5 (part), 2006:
Ord. 4900 §2, 2004)
2.09.030 FINANCE DIVISION CREATED -
DUTIES.
There is hereby created the Finance Division for the
purpose of performing all finance and accounting func-
tions of the City of Bremerton. The division shall be
managed by the Finance Officer who shall serve as the
City Treasurer. It shall be the duty of the Finance
Officer to:
(a) Be responsible for assisting in the management
of the City’s investment and debt portfolios.
(b) Assist City administration in budget prepara-
tion and monitoring.
(Revised 9/11)2.09-2
(c) Maintain the accounting system in accordance
with generally accepted accounting principles (GAAP).
(d) Maintain the payroll system.
(e) Exercise control of accounts payable and pur-
chasing.
(f) Maintain an inventory of capital assets.
(g) Collect and account for all City funds.
The Finance Officer shall perform such other duties
as the Mayor and Director of Financial Services may
direct or as may be required by law. (Ord. 5128 §1
(part), 2010: Ord. 4983 §1 (part), 2006: Ord. 4966 §5
(part), 2006: Ord. 4900 §2, 2004)
2.09.040 OFFICE OF THE CITY CLERK
CREATED - DUTIES.
There is hereby created the Office of the City Clerk
for the purpose of performing all records management
functions of the City. The division shall be managed by
the City Clerk. It shall be the duty of the City Clerk to
act as the official records keeper of the City and in such
capacity shall perform those duties as required by the
laws of the state, City Charter or City Code.
The City Clerk shall perform such other duties as
the Mayor or the Director of Financial Services may
direct or as may be required by law. The City Clerk is
authorized to appoint one or more Deputy City Clerks as
needed to fulfill the duties of the City Clerk during his
or her absence. (Ord. 5150 §1, 2011: Ord. 5128 §1
(part), 2010: Ord. 4983 §1 (part), 2006: Ord. 4966 §5
(part), 2006: Ord. 4900 §2, 2004. Formerly 2.09.050)
2.09.050 OFFICE OF HUMAN RESOURCES
CREATED - DUTIES.
There is hereby created the Office of Human
Resources. The division shall be managed by the
Human Resources Manager. It shall be the duty of the
Human Resources Manager to:
(a) Assist City departments with recruitment, test-
ing and hiring as applicable.
(b) Advise City departments on professional per-
sonnel management practices including performance
evaluations and employee relations.
(c) Support City Labor Negotiator and negotia-
tions advisory team.
(d) Conduct employee training and counseling.
(e) Administer employee benefit programs.
(f) Maintain personnel records.
(g) Perform salary surveys.
(h) Serve as liaison between the administration
and Civil Service Commission.
(i) Coordinate temporary placements in support of
the City Workers Compensation Program.
The Human Resources Manager shall perform such
other duties as the Mayor or the Director of Financial
Services may direct or as may be required by law. (Ord.
5128 §1 (part), 2010: Ord. 4983 §1 (part), 2006: Ord.
4982 §1, 2006: Ord. 4966 §5 (part), 2006. Formerly
2.09.060)
2.09.060 INFORMATION TECHNOLOGY
DIVISION CREATED - DUTIES.
There is hereby created the Information Technol-
ogy Division for the purpose of performing all informa-
tion technology operations of the City. The division
shall be managed by the Information Technology Man-
ager. It shall be the duty of the Information Technology
Manager to:
(a) Direct the activities of the Information Tech-
nology Division with the responsibility to provide tech-
nological leadership in systems planning,
implementation and support programs.
(b) Direct the development and maintenance of
long-range information processing plans and budgets.
(c) Act as a contact person with user departments
responding to and analyzing their inquiries.
The Information Technology Manager shall per-
form such other duties as the Mayor or the Director of
Financial Services may direct or as may be required by
law. (Ord. 5128 §1 (part), 2010)
2.09.070 BREMERTON KITSAP ACCESS
TELEVISION (BKAT) DIVISION
CREATED - DUTIES.
There is hereby created the Bremerton Kitsap
Access Television (BKAT) Division for the purpose of
performing all public access television functions of the
City. The division shall be managed by the Public
Access Manager. It shall be the duty of the Public
Access Manager to manage the production, program-
ming and operation of the local access television station.
The Public Access Manager shall perform such
other duties as the Mayor or the Director of Financial
Services may direct or as may be required by law. (Ord.
5128 §1 (part), 2010: Ord. 4983 §1 (part), 2006: Ord.
4966 §5 (part), 2006: Ord. 4900 §2, 2004. Formerly
2.09.080)
2.13-3 (Revised 9/11)
open-record public hearings, prepare a record thereof,
enter findings of fact and conclusions based upon these
facts, and render a decision, which decision shall repre-
sent the final action on the application, unless appealed,
as specified in BMC 2.13.130 for all Type III project
permit applications identified in BMC 20.02.040.
(3) Recommendations of the Administrative Hear-
ing Examiner. The Administrative Hearing Examiner
shall receive and examine available information, con-
duct open predecision public hearings, prepare a record
thereof and enter findings of fact and conclusions based
upon those facts, together with a recommendation to the
city council, for the following:
(a) All Type IV project permit applications
identified in BMC 20.02.040.
(b) Local Improvement districts and utility
local improvement district formation and assessments
pursuant to Chapter 11.04 BMC and Chapters 35.43 and
35.44 RCW. (Ord. 4970 §2, 2006: Ord. 4798, Added,
05/10/2002)
2.13.090 FILING OF APPLICATIONS AND
APPEALS.
Applications to the Administrative Hearing Exam-
iner for a decision, recommendation or an appeal shall
be filed with the Department of Community Develop-
ment. Applications shall be filed with the applicable fil-
ing fee as set forth in Chapter 3.01 BMC. When it is
found an application or appeal meets the filing require-
ments of the affected City Code, rule or regulation, the
application shall be accepted. The Administrative Hear-
ing Examiner shall be responsible for assigning a date
for the public hearing for each application or appeal.
Hearings on project permit applications are subject to
the notice and hearing requirements set forth in the
Bremerton Municipal Code. (Ord. 4894 §1, 2004; Ord.
4836, Amended, 12/20/2002; Ord. 4798, Added,
05/10/2002)
2.13.100 OPEN RECORD PUBLIC
HEARING.
(1) Before rendering a decision or recommenda-
tion on any land use application, the Administrative
Hearing Examiner shall hold one (1) open-record public
hearing thereon.
(2) For all applications, notice of the time and
place of the public hearing shall be given as provided in
the ordinance governing the application. If none is spe-
cifically set forth, such notice shall be given at least ten
(10) working days prior to such hearing.
(3) The Administrative Hearing Examiner shall
have the power to prescribe rules and regulations for the
conduct of hearings under this chapter and also to
administer oaths, and preserve order. (Ord. 4798,
Added, 05/10/2002)
2.13.110 DECISIONS AND
RECOMMENDATION.
(1) The Administrative Hearing Examiner's rec-
ommendation or decision may be to grant or deny the
application, or the Administrative Hearing Examiner
may recommend or require of the applicant such condi-
tions, modifications and restrictions as the Administra-
tive Hearing Examiner finds necessary to make the
application compatible with its environment, with appli-
cable State laws, and to carry out the objectives and
goals of the comprehensive plan, the zoning code, the
subdivision code, and other codes and ordinances of the
City. Conditions, modifications and restrictions which
may be imposed are, but are not limited to, additional
setbacks, screenings in the form of landscaping and
fencing, covenants, easements and dedications of addi-
tional road rights-of-way. Performance bonds or other
financial assurances may be required to ensure compli-
ance with conditions, modifications and restrictions.
(2) In regard to all Type IV project permit applica-
tions identified in BMC 20.02.040, the Administrative
Hearing Examiner's findings and conclusions and rec-
ommendation shall be submitted to the City Council,
which shall have the final authority to act on such appli-
cations. The hearing by the Administrative Hearing
Examiner shall constitute an open-record predecision
hearing before the final decision is made by the City
Council. The Administrative Hearing Examiner shall
file its recommendation with the City Council at the
expiration of the period provided for reconsideration, or
if reconsideration is accepted, within ten (10) working
days after the decision on reconsideration.
(3) When the Administrative Hearing Examiner
renders a decision or recommendation, the Administra-
tive Hearing Examiner shall make and enter written
findings from the record and conclusions therefrom
which support such decision. The decision shall be ren-
dered within ten (10) working days following conclu-
sion of all testimony and hearings, unless a longer
period is mutually agreed to on the record by the appli-
cant and the Administrative Hearing Examiner. The
copy of such decision, including findings and conclu-
sions, shall be transmitted by first class mail to the appli-
cant and other parties of record in the case requesting the
same.
(4) In the case of shoreline substantial develop-
ment permits, pursuant to RCW 90.58.140(11)(a)(iii),
appeals shall be decided within thirty (30) calendar days
of filing of the appeal.
(5) The filing fee as set forth in Chapter 3.01 BMC
paid by the appellant for any appeal to the Administra-
tive Hearing Examiner shall be refunded to the appellant
if the appellant is the substantially prevailing party.
(Ord. 4970 §3, 2006: Ord. 4894 §2, 2004; Ord. 4798,
Added, 05/10/2002)
(Revised 9/11)2.13-4
2.13.120 RECONSIDERATION.
A party of record believing that a decision or rec-
ommendation of the Administrative Hearing Examiner
is based on erroneous procedures, errors of law or fact,
or the discovery of new evidence which could not be
reasonably available at the prior hearing may make a
written request for reconsideration by the Administra-
tive Hearing Examiner within fourteen (14) calendar
days of the date the decision or recommendation is ren-
dered. This request shall set forth the specific errors or
new information relied upon by such appellant, and the
Administrative Hearing Examiner may, after review of
the record, take further action as he or she deems proper.
If a request for reconsideration is accepted, a decision is
not final until after a decision on reconsideration is
issued. (Ord. 5148 §2, 2011: Ord. 4798, Added,
05/10/2002)
2.13.130 APPEAL OF DECISION.
(1) Any party who feels aggrieved by the decision
or other final action of the Administrative Hearing
Examiner may submit an appeal within twenty-one (21)
calendar days from the date the final decision of the
Administrative Hearing Examiner is rendered to the
Superior Court or to another designated forum.
(2) No appeal may be made from a recommenda-
tion of the Administrative Hearing Examiner. (Ord.
4798, Added, 05/10/2002)
2.13.140 CITY COUNCIL ACTION.
(1) Any application requiring action by the City
Council shall be taken by the adoption of a motion, res-
olution or ordinance by the City Council. When taking
any such final action, the City Council shall make and
enter findings of fact from the record and conclusions
therefrom which support its action. The City Council
may adopt all or portions of the findings and conclu-
sions from the Administrative Hearing Examiner’s rec-
ommendation.
(2) The action of the City Council, approving,
modifying, or rejecting a recommendation of the
Administrative Hearing Examiner, shall be final and
conclusive. Appellants have twenty-one (21) calendar
days from the date of City Council action to file an
appeal with the superior court. (Ord. 4798, Added,
05/10/2002)
2.13.150 CITY ADMINISTRATIVE STAFF
ARE TO BE CONSIDERED A
PERSON OR PARTY.
For the purpose of BMC 2.13.130 and 2.13.140, the
City's administrative staff shall be considered a "person"
and/or "party" and shall have the same rights as any
other person or party to make requests for reconsidera-
tion to the Administrative Hearing Examiner or to
appeal decisions of the Administrative Hearing Exam-
iner to Superior Court or to another designated forum.
(Ord. 4970 §4, 2006: Ord. 4798, Added, 05/10/2002)
2.62-1 (Revised 9/11)
Chapter 2.62
BREMERTON MUNICIPAL COURT
Sections:
2.62.010 ORGANIZATION OF
MUNICIPAL COURT.
2.62.020 MUNICIPAL JUDGE -
APPOINTMENT -
QUALIFICATIONS AND TERM.
2.62.030 SESSIONS OF THE COURT.
2.62.035 MUNICIPAL JUDGE - SALARY
AND BENEFITS.
2.62.040 JUDGES PRO TEMPORE,
COURT COMMISSIONERS -
MUNICIPAL COURT HEARING
EXAMINER.
2.62.045 MUNICIPAL COURT HEARING
EXAMINER - PROCEDURE -
APPEAL.
2.62.050 JUROR FEES AND MILEAGE
REIMBURSEMENT.
2.62.010 ORGANIZATION OF MUNICIPAL
COURT.
Bremerton Municipal Court is hereby established
pursuant to Chapter 3.50 RCW. (Ord. 4132 §1, 1987)
2.62.020 MUNICIPAL JUDGE -
APPOINTMENT -
QUALIFICATIONS AND TERM.
The office of Municipal Court Judge shall be an
elected position and filled pursuant to RCW 3.50. (Ord.
4473 §1, 1994; Ord. 4344 §1, 1991; Ord. 4132 §1, 1987)
2.62.030 SESSIONS OF THE COURT.
The municipal court shall be open and hold such
regular and special sessions as the Municipal Judge shall
prescribe, provided that the court shall not be open on
nonjudicial days. (Ord. 4132 §1, 1987)
2.62.035 MUNICIPAL JUDGE - SALARY
AND BENEFITS.
(a) The judge of the Bremerton Municipal Court
shall receive in 2002 an annual salary of ninety-one
thousand seven hundred fifty-two dollars ($91,752.00).
For each year thereafter, the salary shall be adjusted by
City Council action.
(b) The judge of the Bremerton Municipal Court
shall receive benefits provided in accordance with the
Management and Professional Staff Compensation Pro-
gram as set forth in BMC 2.50.040 through 2.50.080.
(Ord. 4791, Amended, 03/08/2002; Ord. 4474 §1, 1994)
2.62.040 JUDGES PRO TEMPORE, COURT
COMMISSIONERS - MUNICIPAL
COURT HEARING EXAMINER.
Pursuant to RCW 3.50.090 the presiding municipal
court judge may designate one or more persons as
judges pro tempore to serve in the absence or disability
of the elected or duly appointed judge of the court or in
addition to the elected or duly appointed judge when
administration of justice and the accomplishment of the
work of the court make it necessary. The qualifications
of a judge pro tempore shall be the same as for judges as
provided under RCW 3.50.040 except that a judge pro
tempore need not be a resident of the city or county in
which the municipal court is located. A judge pro tem-
pore of Bremerton Municipal Court shall receive a sal-
ary for each hour in which the judge pro tem serves at a
rate equivalent to ninety percent (90%) of the hourly sal-
ary of the Bremerton Municipal Court Judge. The muni-
cipal court judge may appoint one or more court
commissioners under RCW 3.50.075.
To utilize the services of judicial officers of the
court for the purpose of hearing contested matters relat-
ing to the interest of the City and its citizens and the
operation of various departments of the City, the muni-
cipal court hearing examiner is created in the municipal
court. (Ord. 4798, Amended, 05/10/2002; Ord. 4791,
Amended, 03/08/2002; Ord. 4716, Amended,
08/12/2000; Ord. 4526 §2, 1995; Ord. 4474 §2, 1994;
Ord. 4142, §1, 1987)
2.62.045 MUNICIPAL COURT HEARING
EXAMINER - PROCEDURE -
APPEAL.
The Municipal Court Hearing Examiner shall have
jurisdiction to receive and rule on appeals by aggrieved
appellants of administrative decisions after a written
complaint has been denied by the Department Director
or designee. Appeals to the Municipal Court Hearing
Examiner from any final administrative decision cov-
ered by the provisions of this chapter shall be made
within seven (7) working days from the date of appel-
lant’s notification of the decision. Date of mailing shall
be considered date of notification. Appeals shall include
the appellant’s name, address and telephone number, the
written decision being appealed and the municipal code
section establishing the appeal. Appeals shall be accom-
panied by a filing fee, pursuant to Chapter 3.01 BMC,
which shall be refunded if the appellant substantially
prevails. The Municipal Court Judge shall adopt rules
for scheduling and conduct of administrative hearings.
Enforcement of the administrative decision being
appealed to the Municipal Court Hearing Examiner
shall be stayed during the pendency of an appeal which
has been properly and timely filed, provided there is not
imminent threat to the public’s safety and welfare.
(Revised 9/11)2.62-2
The Municipal Court Hearing Examiner’s decision
shall be final and conclusive unless the appellant or the
City files for a writ of certiorari in Kitsap County Supe-
rior Court within thirty (30) days. Procedures of this sec-
tion including filing fee and appeal of the Municipal
Court Hearing Examiner’s decision shall apply unless
different procedures are specified in the ordinance
establishing the administrative appeal.
The Municipal Court Hearing Examiner shall have
jurisdiction to hear and rule on complaints referred
under the City’s Code of Ethics, Chapter 2.96 BMC, and
to receive and rule on appeals of administrative deci-
sions specified in the following titles of the Bremerton
Municipal Code:
(1) Animals and Fowl, BMC Title 7;
(2) Traffic, BMC Title 10.
All references to Hearing Examiner in Chapter 2.96
BMC and these titles shall mean Municipal Court Hear-
ing Examiner. (Ord. 5154 §6, 2011: Ord. 5147 §6, 2011:
Ord. 5103 §5, 2010: Ord. 4798, Amended, 05/10/2002;
Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4677,
Amended, 12/11/1999, Ord. 4655, Amended,
07/18/1999; Ord. 4547, Amended, 03/28/1996; Ord.
4526, §1, 1995)
2.62.050 JUROR FEES AND MILEAGE
REIMBURSEMENT.
Each person called to serve as a juror shall receive
the same daily fee as is paid to jurors in district court;
provided, that the fee shall be not less than ten dollars
($10.00) nor more than twenty-five dollars ($25.00). In
addition, each person called to serve as a juror shall
receive a daily mileage allowance in an amount com-
puted in accordance with RCW 43.03.060. (Ord. 4142,
§1, 1987)
(Revised 9/11)
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
3.12 ONE PERCENT FOR ARTS 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
3.46 SALES OR USE TAX
3.48 BUSINESS AND OCCUPATION TAXES
3.49 USE TAX - NATURAL OR MANUFACTURED GAS
3.50 UTILITY TAXES
3.52 MOTOR VEHICLE EXCISE TAX
3.56 FISCAL AND CREMATION AGENT
3.64 LODGING TAX 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 INTOXICATION FUND
3.78 MULTIFAMILY PROPERTY TAX EXEMPTION
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
3.12-1 (Revised 9/11)
Chapter 3.12
ONE PERCENT FOR ARTS FUND
Sections:
3.12.010 DEFINITIONS.
3.12.020 ONE (1) PERCENT FOR ARTS
FUND ESTABLISHED.
3.12.030 FUNDING BASIS.
3.12.040 SELECTION OF PUBLIC ART.
3.12.050 MAINTENANCE AND REPAIR
OF PUBLIC ART.
3.12.060 AUTHORIZED
EXPENDITURES FROM ARTS
FUND.
3.12.010 DEFINITIONS.
(a) "Art Advisory Panel" means a committee con-
sisting of a group of individuals, including artists, art
and design professionals and nonartist citizen represen-
tatives appointed by the Chair of the Commission to
advise and assist the Commission in selecting artists to
provide works or services to the City under the Arts Pro-
gram. The Commission is encouraged to appoint a broad
range of citizen participation on the panel. An advisory
panel may be directed by the Chair to consider a single
project or multiple projects and more than one panel
may be appointed and serve concurrently to consider
separate projects.
(b) "Arts Commission" or "Commission" means
the commission established in Chapter 2.32 BMC.
(c) "Arts fund" or "one (1) percent for arts fund"
means the common pool for appropriated funds and
donations that are accumulated pursuant to this chapter.
(d) "Arts program" or "one (1) percent for arts pro-
gram" means the policies and strategies that will iden-
tify opportunities and implement a program for creation
and display of public art within the City as well as deter-
mine project budgets for public art. This task shall be
implemented by the Arts Commission and staff working
in partnership with project departments and citizens.
(e) "Capital improvement project" means any
City-funded project(s), or any City-funded portion
thereof, including funds received from outside sources,
as specifically identified in the City’s capital improve-
ment program except that "capital improvement project"
does not mean:
(1) Capital improvement projects of munici-
pal utilities as set forth in BMC Title 15;
(2) Capital improvement projects identified in
the arterial street fund as set forth in Chapter 3.24 BMC;
(3) Capital improvement projects identified in
street fund 102;
(4) That portion of capital improvement
projects funded by CDBG funds;
(5) General maintenance of any project;
(6) Capital equipment;
(7) That portion of capital improvement
projects funded from sources that precludes expendi-
tures for public art; or
(8) That portion of capital improvement
projects already subjected to a dedicated art funding
program.
(f) "CDBG" means community development
block grant.
(g) "City" means the City of Bremerton.
(h) "Commission" means the Arts Commission
established in Chapter 2.32 BMC.
(i) "Commissioner" means an individual
appointed to serve as a member of the Arts Commission.
(j) "Construction cost" is defined to include
actual construction costs, architectural and engineering
fees, project administration, site preparation, and con-
tingency allowances. It does not include land acquisi-
tion, financing, sales tax, furnishings, fixtures or
equipment. "Council" or "City Council" means the
Bremerton City Council.
(k) "Project Department" means the department or
division of the City responsible for construction of a
capital improvement project.
(l) "Public art" means original visual creations
which are sited in a manner accessible and visible to the
public and shall include the production or arrangement
of sounds, colors, forms, movements or other elements
in a manner that enhances the sense of beauty and has
aesthetic value. Public art may also include artist-made
or artist-designed building parts that are structural or
functional elements of a building, structure, park or
other facility. Public art may include an area or space
specifically designed, constructed and managed as a dis-
play area for other works of art. "Public art" shall also
mean performing art.
(m) "Public space" means any place or property
within the City limits which is open to the general public
for its use, or which is in public view, or is generally
accessible and visible to the public.
(n) "Site preparation" shall mean all work per-
formed in, on, or around a project site in anticipation of
subsequent construction work inclusive of, but not lim-
ited to, select demolition, rough grading, environmental
assessment and remediation, erosion control and secu-
rity fencing. (Ord. 4940 §2 (part), 2005)
3.12.020 ONE (1) PERCENT FOR ARTS
FUND ESTABLISHED.
(a) Project funds for capital improvement projects
as calculated and established in BMC 3.12.030 as well
as donations made to the arts program shall provide the
(Revised 9/11)3.12-2
revenue for purchase of public art. At the request of the
donor, donations may be earmarked for particular
projects.
(b) The one (1) percent for arts fund is hereby
established. If the one (1) percent amount authorized for
a given project is not expended, or if a surplus is avail-
able due to the work of art costing less than one (1) per-
cent of the total project cost, then the nonexpended
amount shall be deposited and pooled into the "one (1)
percent for arts fund" for use on projects approved by
the Commission. (Ord. 4940 §2 (part), 2005)
3.12.030 FUNDING BASIS.
Beginning with the City’s fiscal year 2006 budget,
all capital improvement projects as defined in this chap-
ter will contribute to the one (1) percent for arts fund.
(a) Calculation of Contribution to Fund. The
amount of the annual appropriation for art shall be equal
to one (1) percent of the total eligible funds of capital
improvement projects as follows:
(1) At a minimum, the amount budgeted for
art in a capital improvement project shall be equal to one
(1) percent of the total construction costs as bid and
awarded.
(2) In all cases where a capital improvement
project has a scope of work that includes both eligible
and ineligible elements and categories, the budget for art
shall be calculated, at a minimum, in the eligible por-
tions of the project. In all cases where a capital improve-
ment project includes a source of funds which is eligible
for a public art purpose but which may not be pooled
with other funds and may not be used for another or dif-
ferent project, the budget for art in that capital improve-
ment project shall include one (1) percent of such
eligible funds.
(b) Pooling of Funds. A policy is hereby estab-
lished to direct the transfer to and pooling of all one (1)
percent for arts fund program monies in the arts fund.
Pooling affords the opportunity to look at the needs of
the City as a whole and use the art monies only for those
projects which may have the greatest value and impact
on communities or offer the best opportunities for artist
involvement.
(c) Appropriation of Funds. At the time a capital
improvement project is proposed, the Project Depart-
ment shall calculate and include a budgeted line item for
the arts fund associated with each eligible project. The
Finance Department shall confirm the calculations and
include the appropriations for art in the proposed City
budget. The amounts budgeted for the arts fund in par-
ticular projects may be adjusted to reflect Council
changes to the budget for the capital improvement
project. All amounts budgeted for the arts fund shall be
transferred directly into the arts fund. Fund transfers to
the arts fund will occur as soon as practicable after a bid
has been awarded for the project. (Ord. 4940 §2 (part),
2005)
3.12.040 SELECTION OF PUBLIC ART.
(a) Each project providing funds to the arts pro-
gram may apply to the arts program for funding for any
art proposed to be incorporated into the project.
(b) The Arts Commission shall make selections of
the artists and the public art to be funded through the arts
program and maintenance and repair programs, as
appropriate, for the selected public art, subject to confir-
mation by the City Council. The Arts Commission may
empanel an Art Advisory Panel to assist in this selec-
tion. The contracts commissioning art shall address the
issue of ownership. (Ord. 4940 §2 (part), 2005)
3.12.050 MAINTENANCE AND REPAIR OF
PUBLIC ART.
The Parks and Recreation Department shall be
responsible for the maintenance and repair of all public
art except as otherwise provided for under any mainte-
nance and repair program established by the City Coun-
cil pursuant to BMC 3.12.040. Funding sources for the
maintenance and repair of public art may include the
Parks and Recreation Department budget, other City
department budgets, other sources approved by the City
Council or the arts fund. (Ord. 4940 §2 (part), 2005)
3.12.060 AUTHORIZED EXPENDITURES
FROM ARTS FUND.
Subject to expenditures for the selection of public
art and any maintenance and repair programs approved
pursuant to BMC 3.12.040, budgeted expenditures may
be made from the arts fund for any of the following pur-
poses:
(a) The selection, acquisition, and display of
works of art which may be an integral part of a project
or which may be placed in, on, or about a project or
other public space.
(b) Artist fees, design, planning, and pre-design
service contracts and commissions.
(c) Expenses for technical assistance provided by
architects and/or engineers to artists in order to design,
document, and/or certify the artwork.
(d) Maintenance and repair of City public art ben-
efited by the one (1) percent for arts fund.
(e) Citizen forums and workshops to gather infor-
mation and/or educate/inform the public about public art
and the City’s public art collection.
(f) Documentation and public information mate-
rial for the one (1) percent for arts program and public
art projects.
(g) Performing art.
Budgeted expenditures exceeding equal to or
greater than two thousand dollars ($2,000) require rec-
ommendation by the Arts Commission and approval of
3.12-3 (Revised 9/11)
the City Council. Budgeted expenditures of less than
two thousand dollars ($2,000) require approval of the
Arts Commission. (Ord. 5156 §1, 2011: Ord. 4940 §2
(part), 2005)
3.48-1 (Revised 9/11)
Chapter 3.48
BUSINESS AND OCCUPATION TAXES
Sections:
3.48.020 EXERCISE OF REVENUE
LICENSE POWER.
3.48.025 BUSINESS LICENSE -
REQUIRED.
3.48.028 ADMINISTRATIVE
PROVISIONS.
3.48.030 DEFINITIONS.
3.48.040 AGENCY - SALES AND
SERVICES BY AGENT,
CONSIGNEE, BAILEE,
FACTOR OR AUCTIONEER.
3.48.050 IMPOSITION OF THE TAX -
TAX OR FEE LEVIED.
3.48.060 DOING BUSINESS WITH THE
CITY.
3.48.070 MULTIPLE ACTIVITIES
CREDIT WHEN ACTIVITIES
TAKE PLACE IN ONE (1) OR
MORE CITIES WITH
ELIGIBLE GROSS RECEIPT
TAXES.
3.48.075 DEDUCTIONS TO PREVENT
MULTIPLE TAXATION OF
MANUFACTURING
ACTIVITIES AND PRIOR TO
JANUARY 1, 2008,
TRANSACTIONS INVOLVING
MORE THAN ONE (1) CITY
WITH AN ELIGIBLE GROSS
RECEIPTS TAX.
3.48.076 ASSIGNMENT OF GROSS
INCOME DERIVED FROM
INTANGIBLES.
3.48.077 ALLOCATION AND
APPORTIONMENT OF
INCOME WHEN ACTIVITIES
TAKE PLACE IN MORE THAN
ONE (1) JURISDICTION.
3.48.078 ALLOCATION AND
APPORTIONMENT OF
PRINTING AND PUBLISHING
INCOME WHEN ACTIVITIES
TAKE PLACE IN MORE THAN
ONE (1) JURISDICTION.
3.48.090 EXEMPTIONS.
3.48.100 DEDUCTIONS.
3.48.120 TAX PART OF OVERHEAD.
3.48.125 RULES AND REGULATIONS.
3.48.130 SEVERABILITY CLAUSE.
3.48.020 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 judi-
cial 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. 5028 §1 (part),
2007: Ord. 4843, Added, 01/03/2003)
3.48.025 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. 5028 §1
(part), 2007: Ord. 4843, Added, 01/03/2003)
3.48.028 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.
5028 §1 (part), 2007: Ord. 4843, Added, 01/03/2003)
3.48.030 DEFINITIONS.
In construing the provisions of this chapter, the fol-
lowing definitions shall be applied. Words in the singu-
lar number shall include the plural, and the plural shall
include the singular.
"Advance," "reimbursement."
(1) "Advance" means money or credits received
by a taxpayer from a customer or client with which the
taxpayer is to pay costs or fees on behalf of the customer
or client.
(2) "Reimbursement" means money or credits
received from a customer or client to repay the taxpayer
for money or credits expended by the taxpayer in pay-
ment of costs or fees of the customer or client.
"Agricultural product" means any product of plant
cultivation or animal husbandry including, but not lim-
ited to: a product of horticulture, grain cultivation, ver-
miculture, viticulture, or aquaculture as defined in RCW
15.83.480; plantation Christmas trees; turf; or any ani-
mal including but not limited to an animal that is a pri-
vate sector cultured aquatic product as defined in RCW
15.83.480, or a bird, or insect, or the substances
obtained from such an animal. "Agricultural product"
does not include animals intended to be pets.
"Artistic or cultural organization." As used in this
chapter:
(1) The term "artistic or cultural organization"
means an organization which is organized and operated
exclusively for the purpose of providing artistic or cul-
tural exhibitions, presentations, or performances or cul-
tural or art education programs, as defined in subsection
(Revised 9/11)3.48-2
(10) of this definition, for viewing or attendance by the
general public.
(2) The organization must be a not-for-profit cor-
poration under Chapter 24.03 RCW.
(3) The organization must be managed by a gov-
erning board of not less than eight (8) individuals none
of whom is a paid employee of the organization or by a
corporation sole under Chapter 24.12 RCW.
(4) No part of its income may be paid directly or
indirectly to its members, stockholders, officers, direc-
tors, or trustees except in the form of services rendered
by the corporation in accordance with its purposes and
bylaws.
(5) Salary or compensation paid to its officers and
executives must be only for actual services rendered,
and at levels comparable to the salary or compensation
of like positions within the State.
(6) Assets of the corporation must be irrevocably
dedicated to the activities for which the exemption is
granted and, on the liquidation, dissolution, or abandon-
ment by the corporation, may not inure directly or indi-
rectly to the benefit of any member or individual except
a nonprofit organization, association, or corporation
which also would be entitled to the exemption.
(7) The corporation must be duly licensed or certi-
fied when licensing or certification is required by law or
regulation.
(8) The amounts received that qualify for exemp-
tion must be used for the activities for which the exemp-
tion is granted.
(9) Services must be available regardless of race,
color, national origin, ancestry, religion, age, sex, mari-
tal status, sexual orientation, Vietnam or disabled vet-
eran status, or the presence of any mental or physical
disability.
(10)The term "artistic or cultural exhibitions, pre-
sentations, or performances or cultural or art education
programs" is limited to:
(a) An exhibition or presentation of works of
art or objects of cultural or historical significance, such
as those commonly displayed in art or history museums;
(b) A musical or dramatic performance or
series of performances; or
(c) An educational seminar or program, or
series of such programs, offered by the organization to
the general public on an artistic, cultural, or historical
subject.
"Business" includes all activities engaged in with the
object of gain, benefit, or advantage to the taxpayer or to
another person or class, directly or indirectly.
"Business and occupation tax" or "gross receipts
tax" means a tax imposed on or measured by the value
of products, the gross income of the business, or the
gross proceeds of sales, as the case may be, and that is
the legal liability of the business.
"Cash discount" means a deduction from the invoiced
amount allowed by the seller if the bill is paid within a
certain time period or before a specified date.
"City" means City of Bremerton, Washington.
"Commercial or industrial use" means the following
uses of products, including by-products, by the extractor
or manufacturer thereof:
(1) Any use as a consumer;
(2) Any use in the manufacturing of products
including articles, substances or commodities.
"Competitive telephone service" means the providing
by any person of telecommunications equipment or
apparatus, or service related to that equipment or appa-
ratus such as repair or maintenance service, if the equip-
ment or apparatus is of a type which can be provided by
persons that are not subject to regulation as telephone
companies under RCW Title 80 and for which a separate
charge is made.
"Consumer" means the following:
(1) Any person who purchases, acquires, owns,
holds, or uses any tangible or intangible personal prop-
erty irrespective of the nature of the person’s business
and including, among others, without limiting the scope
hereof, persons who install, repair, clean, alter, improve,
construct, or decorate real or personal property of or for
a consumer other than for the purpose of:
(a) Resale as tangible or intangible personal
property in the regular course of business;
(b) Incorporating such property as an ingredi-
ent or component of real or personal property when
installing, repairing, cleaning, altering, imprinting,
improving, constructing, or decorating such real or per-
sonal property of or for consumers;
(c) Incorporating such property as an ingredi-
ent or component of a new product or as a chemical used
in processing a new product when the primary purpose
of such chemical is to create a chemical reaction directly
through contact with an ingredient of a new product; or
(d) Consuming the property in producing fer-
rosilicon which is subsequently used in producing mag-
nesium for sale, if the primary purpose of such property
is to create a chemical reaction directly through contact
with an ingredient of ferrosilicon;
(2) Any person engaged in any business activity
taxable under BMC 3.48.050(1)(g);
(3) Any person who purchases, acquires, or uses
any competitive telephone service as herein defined,
other than for resale in the regular course of business;
(4) Any person who purchases, acquires, or uses
any personal, business, or professional service defined
as a retail sale or retail service in this section other than
for resale in the regular course of business;
(5) Any person who is an end user of software;
(6) Any person engaged in the business of "public
road construction" in respect to tangible personal prop-
erty when that person incorporates the tangible personal
3.48-3 (Revised 9/11)
property as an ingredient or component of a publicly
owned street, place, road, highway, easement, right-of-
way, mass public transportation terminal or parking
facility, bridge, tunnel, or trestle by installing, placing or
spreading the property in or upon the right-of-way of a
publicly owned street, place, road, highway, easement,
bridge, tunnel, or trestle or in or upon the site of a pub-
licly owned mass public transportation terminal or park-
ing facility;
(7) Any person who is an owner, lessee or has the
right of possession to or an easement in real property
which is being constructed, repaired, decorated,
improved, or otherwise altered by a person engaged in
business;
(8) Any person who is an owner, lessee, or has the
right of possession to personal property which is being
constructed, repaired, improved, cleaned, imprinted, or
otherwise altered by a person engaged in business;
(9) Any person engaged in government contract-
ing. Any such person shall be a consumer within the
meaning of this definition in respect to tangible personal
property incorporated into, installed in, or attached to
such building or other structure by such person. Nothing
contained in this or any other subsection of this defini-
tion shall be construed to modify any other definition of
"consumer."
"Deficiency" means the amount of tax imposed by law
less any tax reported by the taxpayer on a tax return.
"Delivery" means the transfer of possession of tangible
personal property between the seller and the buyer or the
buyer’s representative. Delivery to an employee of a
buyer is considered delivery to the buyer. Transfer of
possession of tangible personal property occurs when
the buyer or the buyer’s representative first takes physi-
cal control of the property or exercises dominion and
control over the property. "Dominion and control"
means the buyer has the ability to put the property to the
buyer’s own purposes. It means the buyer or the buyer’s
representative has made the final decision to accept or
reject the property, and the seller has no further right to
possession of the property and the buyer has no right to
return the property to the seller, other than under a war-
ranty contract. A buyer does not exercise dominion and
control over tangible personal property merely by
arranging for shipment of the property from the seller to
itself. A buyer’s representative is a person, other than an
employee of the buyer, who is authorized in writing by
the buyer to receive tangible personal property and take
dominion and control by making the final decision to
accept or reject the property. Neither a shipping com-
pany nor a seller can serve as a buyer’s representative. It
is immaterial where the contract of sale is negotiated or
where the buyer obtains title to the property. Delivery
terms and other provisions of the Uniform Commercial
Code (RCW Title 62A) do not determine when or where
delivery of tangible personal property occurs for pur-
poses of taxation.
"Director" means the Director of Financial Services of
the City or any officer, agent or employee of the City
designated to act on the Director’s behalf.
"Eligible gross receipts tax" means a tax which:
(1) Is imposed on the act or privilege of engaging
in business activities within BMC 3.48.050; and
(2) Is measured by the gross volume of business,
in terms of gross receipts and is not an income tax or
value added tax; and
(3) Is not, pursuant to law or custom, separately
stated from the sales price; and
(4) Is not a sales or use tax, business license fee,
franchise fee, royalty or severance tax measured by vol-
ume or weight, or concession charge, or payment for the
use and enjoyment of property, property right or a priv-
ilege; and
(5) Is a tax imposed by a local jurisdiction,
whether within or without the State of Washington, and
not by a country, state, province, or any other non-local
jurisdiction above the County level.
"Engaging in business," "nexus."
(1) The term "engaging in business" means com-
mencing, conducting, or continuing in business, and
also the exercise of corporate or franchise powers, as
well as liquidating a business when the liquidators
thereof hold themselves out to the public as conducting
such business.
(2) This section sets forth examples of activities
that constitute engaging in business in the City, and
establishes safe harbors for certain of those activities so
that a person who meets the criteria may engage in de
minimis business activities in the City without having to
register and obtain a business license or pay City busi-
ness and occupation taxes. The activities listed in this
section are illustrative only and are not intended to nar-
row the definition of "engaging in business" in subsec-
tion (1) of this definition. If an activity is not listed,
whether it constitutes engaging in business in the City
shall be determined by considering all the facts and cir-
cumstances and applicable law.
(3) Without being all inclusive, any one (1) of the
following activities conducted within the City by a per-
son, or its employee, agent, representative, independent
contractor, broker or another acting on its behalf consti-
tutes engaging in business and requires a person to reg-
ister and obtain a business license pursuant to Chapter
5.02 BMC.
(a) Owning, renting, leasing, maintaining, or
having the right to use, or using, tangible personal prop-
erty, intangible personal property, or real property per-
manently or temporarily located in the City.
(b) Owning, renting, leasing, using, or main-
taining, an office, place of business, or other establish-
ment in the City.
(Revised 9/11)3.48-4
(c) Soliciting sales.
(d) Making repairs or providing maintenance
or service to real or tangible personal property, includ-
ing warranty work and property maintenance.
(e) Providing technical assistance or service,
including quality control, product inspections, warranty
work, or similar services on or in connection with tangi-
ble personal property sold by the person or on its behalf.
(f) Installing, constructing, or supervising
installation or construction of real or tangible personal
property.
(g) Soliciting, negotiating, or approving fran-
chise, license, or other similar agreements.
(h) Collecting current or delinquent accounts.
(i) Picking up and transporting tangible per-
sonal property, solid waste, construction debris, or exca-
vated materials.
(j) Providing disinfecting and pest control
services, employment and labor pool services, home
nursing care, janitorial services, appraising, landscape
architectural services, security system services, survey-
ing, and real estate services including the listing of
homes and managing real property.
(k) Rendering professional services such as
those provided by accountants, architects, attorneys,
auctioneers, consultants, engineers, professional ath-
letes, barbers, baseball clubs and other sports organiza-
tions, chemists, consultants, psychologists, court
reporters, dentists, doctors, detectives, laboratory oper-
ators, teachers, and veterinarians.
(l) Meeting with customers or potential cus-
tomers, even when no sales or orders are solicited at the
meetings.
(m) Training or recruiting employees, agents,
representatives, independent contractors, brokers or oth-
ers, domiciled or operating on a job in the City, acting
on its behalf, or for customers or potential customers.
(n) Investigating, resolving, or otherwise
assisting in resolving customer complaints.
(o) In-store stocking or manipulating products
or goods, sold to and owned by a customer, regardless
of where sale and delivery of the goods took place.
(p) Except as provided in subsection (5) of
this definition, delivering goods in vehicles owned,
rented, leased, used, or maintained by the person or
another acting on its behalf.
(q) Accepting or executing a contract with the
City, irrespective of whether goods or services are deliv-
ered within or without the City, or whether the person’s
office or place of business is within or without the City.
(4) Not Engaging in Business. If a person, or its
employee, agent, representative, independent contrac-
tor, broker or another acting on the person’s behalf,
engages in no other activities in or with the City but the
following, that person is not engaging in business and
therefore is not required to register and obtain a City
business license pursuant to Chapter 5.02 BMC or pay
City business and occupation taxes pursuant to this
chapter:
(a) Meeting with suppliers of goods and ser-
vices as a customer.
(b) Meeting with government representatives
in their official capacity, other than those performing
contracting or purchasing functions.
(c) Attending meetings, such as board meet-
ings, retreats, seminars, and conferences, or other meet-
ings wherein the person does not provide training in
connection with tangible personal property sold by the
person or on its behalf.
(d) Renting tangible or intangible property as
a customer when the property is not used in the City.
(e) Attending, but not participating in, a trade
show or multiple vendor events. Persons participating at
a trade show shall review the City’s trade show or mul-
tiple vendor event ordinances.
(f) Conducting advertising through the mail.
(g) Soliciting sales by phone from a location
outside the City.
(h) Providing language interpretive services
to the Bremerton Municipal Court.
(5) A business located outside the City merely
delivering goods into the City by common carrier or
other means, including use of its own vehicles, is not
required to register and obtain a business license; pro-
vided, that it engages in no other business activities in
the City. Such business activities do not include those in
subsection (4) of this definition.
(6) "Nexus." A person has created nexus with the
City if, whether itself or by its employees, agents, repre-
sentatives, independent contractors, brokers or others
acting on its behalf, it:
(a) Is physically present in the City;
(b) Endeavors to maintain a share of the mar-
ket within the City; or
(c) Avails itself of the economic benefits of
the City.
The City expressly intends that engaging in busi-
ness includes any activity sufficient to establish nexus
for purposes of applying the tax under the law and the
constitutions of the United States and the State of Wash-
ington. Nexus is presumed to continue as long as the
taxpayer benefits from the activity that constituted the
original nexus-generating contact or subsequent con-
tacts.
"Extracting" is the activity engaged in by an extractor
and is reportable under the extracting classification.
"Extractor" means every person who from the per-
son’s own land or from the land of another under a right
or license granted by lease or contract, either directly or
by contracting with others for the necessary labor or
mechanical services, for sale or for commercial or
industrial use, mines, quarries, takes or produces coal,
3.48-5 (Revised 9/11)
oil, natural gas, ore, stone, sand, gravel, clay, mineral or
other natural resource product; or fells, cuts or takes tim-
ber, Christmas trees, other than plantation Christmas
trees, or other natural products; or takes fish, or takes,
cultivates, or raises shellfish, or other sea or inland
water foods or products. "Extractor" does not include
persons performing under contract the necessary labor
or mechanical services for others; persons cultivating or
raising fish entirely within confined rearing areas on the
person’s own land or on land in which the person has a
present right of possession; or persons who fell, cut, or
take plantation Christmas trees from the person’s own
land or from land in which the person has a present right
of possession; or persons meeting the definition of
"farmer."
"Extractor for hire" means a person who performs
under contract necessary labor or mechanical services
for an extractor.
"Farmer" means any person engaged in the business of
growing or producing, upon the person’s own lands or
upon the lands in which the person has a present right of
possession, any agricultural product whatsoever for
sale. "Farmer" does not include a person using such
products as ingredients in a manufacturing process, or a
person growing or producing such products for the per-
son’s own consumption. "Farmer" does not include a
person selling any animal or substance obtained there-
from in connection with the person’s business of operat-
ing a stockyard or a slaughter or packing house.
"Farmer" does not include any person in respect to the
business of taking, cultivating, or raising timber.
"Gross income of the business" means the value pro-
ceeding or accruing by reason of the business activity
engaged in and includes gross proceeds of sales, com-
pensation for the rendition of services, gains realized
from trading in stocks, bonds, or other evidences of
indebtedness, interest, discounts, rents, royalties, fees,
commissions, dividends, and other emoluments how-
ever designated, all without any deduction on account of
the cost of tangible property sold, the cost of materials
used, labor costs, interest, discounts, delivery costs,
taxes, or any other expense whatsoever paid or accrued
and without any deduction on account of losses.
"Gross proceeds of sales" means the value proceeding
or accruing from the sale of tangible personal property
or for services rendered, without any deduction on
account of the cost of property sold, the cost of materials
used, labor costs, interest, discounts paid, delivery costs,
taxes, or any other expense whatsoever paid or accrued
and without any deduction on account of losses.
"In this City" or "within this City" includes all fed-
eral areas lying within the corporate City limits of the
City.
"Janitorial services" shall mean those cleaning and
caretaking services ordinarily performed by commercial
janitor service businesses including, but not limited to,
wall and window washing, floor cleaning and waxing,
and the cleaning in place of rugs, drapes and upholstery.
The term does not include painting, papering, repairing,
furnace or septic tank cleaning, snow removal, sand-
blasting, or cleanup related to construction activities.
"Manufacturer," "to manufacture."
(1) "Manufacturer" means every person who,
either directly or by contracting with others for the nec-
essary labor or mechanical services, manufactures for
sale or for commercial or industrial use from the per-
son’s own materials or ingredients any products. When
the owner of equipment or facilities furnishes, or sells to
the customer prior to manufacture, materials or ingredi-
ents equal to less than twenty (20) percent of the total
value of all materials or ingredients that become a part
of the finished product, the owner of the equipment or
facilities will be deemed to be a processor for hire and
not a manufacturer. A business not located in this City
that is the owner of materials or ingredients processed
for it in this City by a processor for hire shall be deemed
to be engaged in business as a manufacturer in this City.
(2) "To manufacture" means all activities of a
commercial or industrial nature wherein labor or skill is
applied, by hand or machinery, to materials or ingredi-
ents so that as a result thereof a new, different or useful
product is produced for sale or commercial or industrial
use, and shall include:
(a) The production of special-made or cus-
tom-made articles;
(b) The production of dental appliances,
devices, restorations, substitutes, or other dental labora-
tory products by a dental laboratory or dental technician;
(c) Crushing and/or blending of rock, sand,
stone, gravel, or ore; and
(d) The producing of articles for sale, or for
commercial or industrial use from raw materials or pre-
pared materials by giving such materials, articles, and
substances of trade or commerce new forms, qualities,
properties or combinations including, but not limited to,
such activities as making, fabricating, processing, refin-
ing, mixing, slaughtering, packing, aging, curing, mild
curing, preserving, canning, and the preparing and
freezing of fresh fruits and vegetables.
"To manufacture" shall not include the production
of computer software if the computer software is deliv-
ered from the seller to the purchaser by means other than
tangible storage media, including the delivery by use of
a tangible storage media where the tangible storage
media is not physically transferred to the purchaser.
"Manufacturing" means the activity conducted by a
manufacturer and is reported under the manufacturing
classification.
"Newspaper," "magazine," "periodical." "Newspa-
per" means a publication offered for sale regularly at
stated intervals at least once a week and printed on
newsprint in tabloid or broadsheet format folded loosely
(Revised 9/11)3.48-6
together without stapling, glue, or any other binding of
any kind. "Magazine" or "periodical" means any printed
publication, other than a newspaper, issued and offered
for sale regularly at stated intervals at least once every
three (3) months, including any supplement or special
edition of the publication. Any publication meeting this
definition qualifies regardless of its content.
"Nonprofit corporation or nonprofit organization"
means a corporation or organization in which no part of
the income can be distributed to its members, directors,
or officers and that holds a current tax exempt status as
provided under Section 501(c)(3) of the Internal Reve-
nue Code, as hereafter amended, or is specifically
exempted from the requirement to apply for its tax
exempt status under Section 501(c)(3) of the Internal
Revenue Code, as hereafter amended. Where the term
"nonprofit organization" is used, it is meant to include a
nonprofit corporation.
"Office" or "place of business" means a fixed location
or permanent facility where the regular business of the
person is conducted and which is either owned by the
person or over which the person exercises legal domin-
ion and control. The regular business of the person is
presumed conducted at a location:
(1) Whose address the person uses as its business
mailing address;
(2) Containing a telephone line listed in a public
telephone directory or other similar publication under
the business name;
(3) Where the person holds itself out to the general
public as conducting its regular business through sig-
nage or other means; and
(4) Where the person is required to obtain any
appropriate State and local business license or registra-
tion unless they are exempted by law from such require-
ment.
A vehicle such as a pick-up, van, truck, boat or
other motor vehicle is not an office or place of business.
A post office box is not an office or place of business.
If a person has an office or place of business, the
person’s home is not an office or place of business
unless it meets the criteria for office or place of business
above. If a person has no office or place of business, the
person’s home or apartment within the City will be
deemed the place of business.
"Person" means any individual, receiver, administra-
tor, executor, assignee, trustee in bankruptcy, trust,
estate, firm, co-partnership, joint venture, club, com-
pany, joint stock company, business trust, municipal
corporation, political subdivision of the State of Wash-
ington, corporation, limited liability company, associa-
tion, society, or any group of individuals acting as a unit,
whether mutual, cooperative, fraternal, nonprofit, or
otherwise and the United States or any instrumentality
thereof.
"Port District" means a port district as defined in
Chapter 53.04 RCW.
"Precious metal bullion," "monetized bullion." "Pre-
cious metal bullion" means any precious metal which
has been put through a process of smelting or refining,
including, but not limited to, gold, silver, platinum,
rhodium, and palladium, and which is in such state or
condition that its value depends upon its contents and
not upon its form. For purposes of this section, "mone-
tized bullion" means coins or other forms of money
manufactured from gold, silver, or other metals and
heretofore, now, or hereafter used as a medium of
exchange under the laws of this State, the United States,
or any foreign nation, but does not include coins or
money sold to be manufactured into jewelry or works of
art.
"Processing for hire" means the performance of labor
and mechanical services upon materials or ingredients
belonging to others so that as a result a new, different or
useful product is produced for sale, or commercial or
industrial use. A processor for hire is any person who
would be a manufacturer if that person were performing
the labor and mechanical services upon that person’s
own materials or ingredients. If a person furnishes, or
sells to the customer prior to manufacture, materials or
ingredients equal to twenty (20) percent or more of the
total value of all materials or ingredients that become a
part of the finished product the person will be deemed to
be a manufacturer and not a processor for hire.
"Product," "by-product." "Product" means tangible
personal property, including articles, substances, or
commodities created, brought forth, extracted, or manu-
factured by human or mechanical effort. "By-product"
means any additional product, other than the principal or
intended product, which results from extracting or man-
ufacturing activities and which has a market value, with-
out regard to whether or not such additional product was
an expected or intended result of the extracting or man-
ufacturing activities.
"Reporting period" means:
(1) A one (1) month period beginning the first day
of each calendar month (monthly); or
(2) A three (3) month period beginning the first
day of January, April, July or October of each year
(quarterly); or
(3) A twelve (12) month period beginning the first
day of January of each year (annual).
"Retail service" shall include the sale of or charge
made for personal, business, or professional services
including amounts designated as interest, rents, fees,
admission, and other service emoluments however des-
ignated, received by persons engaging in the following
business activities:
(1) Amusement and recreation services including
but not limited to golf, pool, billiards, skating, bowling,
swimming, bungee jumping, ski lifts and tows, basket-
3.48-7 (Revised 9/11)
ball, racquetball, handball, squash, tennis, batting cages,
day trips for sightseeing purposes, and others, when pro-
vided to consumers. Amusement and recreation services
also include the provision of related facilities such as
basketball courts, tennis courts, handball courts, swim-
ming pools, and charges made for providing the oppor-
tunity to dance. The term "amusement and recreation
services" does not include instructional lessons to learn
a particular activity such as tennis lessons, swimming
lessons, or archery lessons;
(2) Abstract, title insurance, and escrow services;
(3) Credit bureau services;
(4) Automobile parking and storage garage ser-
vices;
(5) Landscape maintenance and horticultural ser-
vices but excluding (a) horticultural services provided to
farmers and (b) pruning, trimming, repairing, removing,
and clearing of trees and brush near electric transmis-
sion or distribution lines or equipment, if performed by
or at the direction of an electric utility;
(6) Service charges associated with tickets to pro-
fessional sporting events;
(7) The following personal services: physical fit-
ness services, tanning salon services, tattoo parlor ser-
vices, steam bath services, Turkish bath services, escort
services, and dating services; and
(8) The term shall also include the renting or leas-
ing of tangible personal property to consumers and the
rental of equipment with an operator.
"Retailing" means the activity of engaging in making
sales at retail and is reported under the retailing classifi-
cation.
"Return" means any document a person is required by
the City to file to satisfy or establish a tax or fee obliga-
tion that is administered or collected by the City and that
has a statutorily defined due date.
"Royalties" means compensation for the use of intangi-
ble property, such as copyrights, patents, licenses, fran-
chises, trademarks, tradenames, and similar items.
"Sale," "casual or isolated sale."
(1) "Sale" means any transfer of the ownership of,
title to, or possession of, property for a valuable consid-
eration and includes any activity classified as a "sale at
retail," "retail sale," or "retail service." It includes rent-
ing or leasing, conditional sale contracts, leases with
option to purchase, and any contract under which pos-
session of the property is given to the purchaser but title
is retained by the vendor as security for the payment of
the purchase price. It also includes the furnishing of
food, drink, or meals for compensation whether con-
sumed upon the premises or not.
(2) "Casual or isolated sale" means a sale made by
a person who is not engaged in the business of selling
the type of property involved on a routine or continuous
basis.
"Sale at retail," "retail sale."
(1) "Sale at retail" or "retail sale" means every sale
of tangible personal property (including articles pro-
duced, fabricated, or imprinted) to all persons irrespec-
tive of the nature of their business and including, among
others, without limiting the scope hereof, persons who
install, repair, clean, alter, improve, construct, or deco-
rate real or personal property of or for consumers, other
than a sale to a person who presents a resale certificate
under RCW 82.04.470 and who:
(a) Purchases for the purpose of resale as tan-
gible personal property in the regular course of business
without intervening use by such person; or
(b) Installs, repairs, cleans, alters, imprints,
improves, constructs, or decorates real or personal prop-
erty of or for consumers, if such tangible personal prop-
erty becomes an ingredient or component of such real or
personal property without intervening use by such per-
son; or
(c) Purchases for the purpose of consuming
the property purchased in producing for sale a new arti-
cle of tangible personal property or substance, of which
such property becomes an ingredient or component or is
a chemical used in processing, when the primary pur-
pose of such chemical is to create a chemical reaction
directly through contact with an ingredient of a new arti-
cle being produced for sale; or
(d) Purchases for the purpose of consuming
the property purchased in producing ferrosilicon which
is subsequently used in producing magnesium for sale,
if the primary purpose of such property is to create a
chemical reaction directly through contact with an
ingredient of ferrosilicon; or
(e) Purchases for the purpose of providing the
property to consumers as part of competitive telephone
service, as defined in RCW 82.04.065. The term shall
include every sale of tangible personal property which is
used or consumed or to be used or consumed in the per-
formance of any activity classified as a "sale at retail" or
"retail sale" even though such property is resold or uti-
lized as provided in subsection (1)(a), (b), (c), (d), or (e)
of this definition following such use; or
(f) Purchases for the purpose of satisfying the
person’s obligations under an extended warranty as
defined in subsection (8) of this definition, if such tangi-
ble personal property replaces or becomes an ingredient
or component of property covered by the extended war-
ranty without intervening use by such person.
(2) "Sale at retail" or "retail sale" also means every
sale of tangible personal property to persons engaged in
any business activity which is taxable under BMC
3.48.050(1)(g).
(3) "Sale at retail" or "retail sale" shall include the
sale of or charge made for tangible personal property
consumed and/or for labor and services rendered in
respect to the following:
(Revised 9/11)3.48-8
(a) The installing, repairing, cleaning, alter-
ing, imprinting, or improving of tangible personal prop-
erty of or for consumers, including charges made for the
mere use of facilities in respect thereto, but excluding
charges made for the use of coin-operated laundry facil-
ities when such facilities are situated in an apartment
house, rooming house, or mobile home park for the
exclusive use of the tenants thereof, and also excluding
sales of laundry service to nonprofit health care facili-
ties, and excluding services rendered in respect to live
animals, birds and insects;
(b) The constructing, repairing, decorating, or
improving of new or existing buildings or other struc-
tures under, upon, or above real property of or for con-
sumers, including the installing or attaching of any
article of tangible personal property therein or thereto,
whether or not such personal property becomes a part of
the realty by virtue of installation, and shall also include
the sale of services or charges made for the clearing of
land and the moving of earth excepting the mere level-
ing of land used in commercial farming or agriculture;
(c) The charge for labor and services rendered
in respect to constructing, repairing, or improving any
structure upon, above, or under any real property owned
by an owner who conveys the property by title, posses-
sion, or any other means to the person performing such
construction, repair, or improvement for the purpose of
performing such construction, repair, or improvement
and the property is then reconveyed by title, possession,
or any other means to the original owner;
(d) The sale of or charge made for labor and
services rendered in respect to the cleaning, fumigating,
razing or moving of existing buildings or structures, but
shall not include the charge made for janitorial services,
which is taxed as a service in this chapter;
(e) The sale of or charge made for labor and
services rendered in respect to automobile towing and
similar automotive transportation services, but not in
respect to those required to report and pay taxes under
Chapter 82.16 RCW;
(f) The sale of and charge made for the fur-
nishing of lodging and all other services, except tele-
phone business and cable service, by a hotel, rooming
house, tourist court, motel, trailer camp, and the grant-
ing of any similar license to use real property, as distin-
guished from the renting or leasing of real property, and
it shall be presumed that the occupancy of real property
for a continuous period of one (1) month or more consti-
tutes a rental or lease of real property and not a mere
license to use or enjoy the same. For the purposes of this
subsection, it shall be presumed that the sale of and
charge made for the furnishing of lodging for a continu-
ous period of one (1) month or more to a person is a
rental or lease of real property and not a mere license to
enjoy the same;
(g) The sale of or charge made for tangible
personal property, labor and services to persons taxable
under subsections (3)(a), (b), (c), (d), (e), and (f) of this
definition when such sales or charges are for property,
labor and services which are used or consumed in whole
or in part by such persons in the performance of any
activity defined as a "sale at retail" or "retail sale" even
though such property, labor and services may be resold
after such use or consumption. Nothing contained in this
subsection shall be construed to modify subsection (1)
of this definition and nothing contained in subsection (1)
of this definition shall be construed to modify this sub-
section.
(4) "Sale at retail" or "retail sale" shall also include
the providing of competitive telephone service to con-
sumers.
(5) "Sale at retail" or "retail sale" shall also include
the sale of canned software other than a sale to a person
who presents a resale certificate under RCW 82.04.470,
regardless of the method of delivery to the end user, but
shall not include custom software or the customization
of canned software.
(6) "Sale at retail" or "retail sale" shall also include
the sale of or charge made for labor and services ren-
dered in respect to the building, repairing, or improving
of any street, place, road, highway, easement, right-of-
way, mass public transportation terminal or parking
facility, bridge, tunnel, or trestle which is owned by a
municipal corporation or political subdivision of the
State, the State of Washington, or by the United States
and which is used or to be used primarily for foot or
vehicular traffic including mass transportation vehicles
of any kind (public road construction).
(7) "Sale at retail" or "retail sale" shall also include
the sale of or charge made for labor and services ren-
dered in respect to the constructing, repairing, decorat-
ing, or improving of new or existing buildings or other
structures under, upon, or above real property of or for
the United States, any instrumentality thereof, or a
county or city housing authority created pursuant to
Chapter 35.82 RCW, including the installing, or attach-
ing of any article of tangible personal property therein or
thereto, whether or not such personal property becomes
a part of the realty by virtue of installation (government
contracting).
(8) "Sale at retail" or "retail sale" shall also include
the sale of or charge made for an extended warranty to a
consumer. For purposes of this subsection, "extended
warranty" means an agreement for a specified duration
to perform the replacement or repair of tangible personal
property at no additional charge or a reduced charge for
tangible personal property, labor, or both, or to provide
indemnification for the replacement or repair of tangible
personal property, based on the occurrence of specified
events. The term "extended warranty" does not include
an agreement, otherwise meeting the definition of
3.48-9 (Revised 9/11)
extended warranty in this subsection, if no separate
charge is made for the agreement and the value of the
agreement is included in the sales price of the tangible
personal property covered by the agreement.
(9) "Sale at retail" or "retail sale" shall not include
the sale of services or charges made for the clearing of
land and the moving of earth of or for the United States,
any instrumentality thereof, or a county or city housing
authority. Nor shall the term include the sale of services
or charges made for cleaning up for the United States, or
its instrumentalities, radioactive waste and other by-
products of weapons production and nuclear research
and development. (This is reported under the service or
other classification.)
(10)"Sale at retail" or "retail sale" shall not include
the sale of or charge made for labor and services ren-
dered for environmental remedial action. (This is
reported under the service and other classification.)
"Sale at wholesale" or "wholesale sale" means any
sale of tangible personal property which is not a retail
sale, and any charge made for labor and services ren-
dered for persons who are not consumers, in respect to
real or personal property, if such charge is expressly
defined as a retail sale when rendered to or for consum-
ers. "Sale at wholesale" also includes the sale of tele-
phone business to another telecommunications
company as defined in RCW 80.04.010 for the purpose
of resale, as contemplated by RCW 35.21.715.
"Services" means any business activity other than or in
addition to those defined in this section.
"Software," "canned software," "custom software,"
"customization of canned software," "master cop-
ies," "retained rights."
(1) "Canned software" means software that is cre-
ated for sale to more than one (1) person. For purposes
of this chapter, canned software is deemed to be tangible
personal property regardless of the method of delivery:
tangible media (e.g., disk or installed on hardware) or
intangible (e.g., electronically over telecommunications
paths).
(2) "Custom software" means software created for
a single person.
(3) "Customization of canned software" means
any alteration, modification, or development of applica-
tions using or incorporating canned software to specific
individualized requirements of a single person. Custom-
ization of canned software includes individualized con-
figuration of software to work with other software and
computer hardware but does not include routine instal-
lation. Customization of canned software does not
change the underlying character or taxability of the orig-
inal canned software.
(4) "Master copies" of software means copies of
software from which a software developer, author,
inventor, publisher, licensor, sublicensor, or distributor
makes copies for sale or license. The software encoded
on a master copy and the media upon which the software
resides are both ingredients of the master copy.
(5) "Retained rights" means any and all rights,
including intellectual property rights such as those
rights arising from copyrights, patents, and trade secret
laws, that are owned or are held under contract or
license by a software developer, author, inventor, pub-
lisher, licensor, sublicensor, or distributor.
(6) "Software" means any information, program,
or routine, or any set of one (1) or more programs, rou-
tines, or collections of information used, or intended for
use, to convey information that causes one (1) or more
computers or pieces of computer-related peripheral
equipment, or any combination thereof, to perform a
task or set of tasks. "Software" includes the associated
documentation, materials, or ingredients regardless of
the media upon which that documentation is provided,
that describes the code and its use, operation, and main-
tenance and that typically is delivered with the code to
the consumer. All software is classified as either canned
or custom.
"Successor" means any person to whom a taxpayer
quitting, selling out, exchanging, or disposing of a busi-
ness sells or otherwise conveys, directly or indirectly, in
bulk and not in the ordinary course of the taxpayer’s
business, any part of the materials, supplies, merchan-
dise, inventory, fixtures, or equipment of the taxpayer.
Any person obligated to fulfill the terms of a contract
shall be deemed a successor to any contractor defaulting
in the performance of any contract as to which such per-
son is a surety or guarantor.
"Tax year" or "taxable year" means the calendar
year.
"Taxpayer" means any person, as herein defined,
required to have a business license under this chapter or
liable for the collection of any tax or fee under this chap-
ter, or who engages in any business or who performs any
act for which a tax or fee is imposed by this chapter.
"Tuition fee" includes library, laboratory, health ser-
vice and other special fees, and amounts charged for
room and board by an educational institution when the
property or service for which such charges are made is
furnished exclusively to the students or faculty of such
institution. "Educational institution," as used in this sec-
tion, means only those institutions created or generally
accredited as such by the State and includes educational
programs that such educational institution cosponsors
with a nonprofit organization, as defined by the Internal
Revenue Code Section 501(c)(3), as hereafter amended,
if such educational institution grants college credit for
course work successfully completed through the educa-
tional program, or an approved branch campus of a for-
eign degree-granting institution in compliance with
Chapter 28B.90 RCW, and in accordance with RCW
82.04.4332 or defined as a degree-granting institution
under RCW 28B.85.010(3) and accredited by an accred-
(Revised 9/11)3.48-10
iting association recognized by the United States Secre-
tary of Education, and offering to students an
educational program of a general academic nature or
those institutions which are not operated for profit and
which are privately endowed under a deed of trust to
offer instruction in trade, industry, and agriculture, but
not including specialty schools, business colleges, other
trade schools, or similar institutions.
"Value of products."
(1) The value of products, including by-products,
extracted or manufactured, shall be determined by the
gross proceeds derived from the sale thereof whether
such sale is at wholesale or at retail, to which shall be
added all subsidies and bonuses received from the pur-
chaser or from any other person with respect to the
extraction, manufacture, or sale of such products or by-
products by the seller.
(2) Where such products, including by-products,
are extracted or manufactured for commercial or indus-
trial use; and where such products, including by-prod-
ucts, are shipped, transported or transferred out of the
City, or to another person, without prior sale or are sold
under circumstances such that the gross proceeds from
the sale are not indicative of the true value of the subject
matter of the sale; the value shall correspond as nearly
as possible to the gross proceeds from sales in this State
of similar products of like quality and character, and in
similar quantities by other taxpayers, plus the amount of
subsidies or bonuses ordinarily payable by the purchaser
or by any third person with respect to the extraction,
manufacture, or sale of such products. In the absence of
sales of similar products as a guide to value, such value
may be determined upon a cost basis. In such cases,
there shall be included every item of cost attributable to
the particular article or articles extracted or manufac-
tured, including direct and indirect overhead costs. The
Director may prescribe rules for the purpose of ascer-
taining such values.
(3) Notwithstanding subsection (2) of this defini-
tion, the value of a product manufactured or produced
for purposes of serving as a prototype for the develop-
ment of a new or improved product shall correspond to
(a) the retail selling price of such new or improved prod-
uct when first offered for sale; or (b) the value of mate-
rials incorporated into the prototype in cases in which
the new or improved product is not offered for sale.
"Value proceeding or accruing" means the consider-
ation, whether money, credits, rights, or other property
expressed in terms of money, a person is entitled to
receive or which is actually received or accrued. The
term shall be applied, in each case, on a cash receipts or
accrual basis according to which method of accounting
is regularly employed in keeping the books of the tax-
payer.
"Wholesaling" means engaging in the activity of mak-
ing sales at wholesale, and is reported under the whole-
saling classification. (Ord. 5139 §1, 2011: Ord. 5044 §1,
2008: Ord. 5028 §1 (part), 2007: Ord. 4988 §1, 2006;
Ord. 4924 §1, 2004; Ord. 4843, Added, 01/03/2003)
3.48.040 AGENCY - SALES AND SERVICES
BY AGENT, CONSIGNEE, BAILEE,
FACTOR OR AUCTIONEER.
(1) Sales in Own Name - Sales or Purchases as
Agent. Every person, including agents, consignees, bai-
lees, factors or auctioneers having either actual or con-
structive possession of tangible personal property or
having possession of the documents of title thereto, with
power to sell such tangible personal property in the per-
son’s own name and actually so selling shall be deemed
the seller of such tangible personal property within the
meaning of this chapter.
The burden shall be upon the taxpayer in every case
to establish the fact that such taxpayer is not engaged in
the business of selling tangible personal property but is
acting merely as broker or agent in promoting sales or
making purchases for a principal. Such claim will be
recognized only when the contract or agreement
between such persons clearly establishes the relation-
ship of principal and agent and when the following con-
ditions are complied with:
(a) The books and records of the broker or
agent show the transactions were made in the name and
for the account of the principal, and show the name of
the actual owner of the property for whom the sale was
made, or the actual buyer for whom the purchase was
made.
(b) The books and records show the amount of
the principal’s gross sales, the amount of commissions
and any other incidental income derived by the broker or
agent from such sales. The principal’s gross sales must
not be reflected as the agent’s income on any of the
agent’s books and records. Commissions must be com-
puted according to a set percentage or amount, which is
agreed upon in the agency agreement.
(c) No ownership rights may be conferred to
the agent unless the principal refuses to pay, or refuses
to abide by the agency agreement. Sales or purchases of
any goods by a person who has any ownership rights in
such goods shall be taxed as retail or wholesale sales.
(d) Bulk goods sold or purchased on behalf of
a principal must not be co-mingled with goods belong-
ing to another principal or lose their identity as belong-
ing to the particular principal. Sales or purchases of any
goods which have been co-mingled or lost their identity
as belonging to the principal shall be taxed as retail or
wholesale sales.
(2) If the above requirements are not met, the con-
signor, bailor, principal or other shall be deemed a seller
of such property to the agent, consignee, bailee, factor or
auctioneer.
3.48-10.1 (Revised 9/11)
(3) Services in Own Name - Procuring Services as
Agent. For purposes of this subsection, an agent is a per-
son who acts under the direction and control of the prin-
cipal in procuring services on behalf of the principal that
the person could not itself render or supply. Amounts
3.49-1 (Revised 9/11)
Chapter 3.49
USE TAX - NATURAL OR MANUFACTURED
GAS
Sections:
3.49.010 EXERCISE OF REVENUE
LICENSE POWER.
3.49.020 BUSINESS LICENSE -
REQUIRED.
3.49.030 IMPOSITION OF USE TAX.
3.49.040 EXCEPTIONS AND
DEDUCTIONS.
3.49.050 ADMINISTRATIVE
PROVISIONS.
3.49.060 RULES AND REGULATIONS.
3.49.010 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 judi-
cial 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. 5141 §1 (part),
2011)
3.49.020 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. 5141 §1
(part), 2011)
3.49.030 IMPOSITION OF USE TAX.
Pursuant to RCW 82.14.230, there is hereby fixed
and imposed upon every person for the privilege of
using natural gas or manufactured gas in the City as a
consumer a tax at the rate of six (6) percent of the value
of the gas used. (Ord. 5141 §1 (part), 2011)
3.49.040 EXCEPTIONS AND DEDUCTIONS.
(a) The tax under this chapter shall not apply to the
use of natural or manufactured gas if the person who
sold the gas to the consumer has paid a tax imposed
under BMC 3.50.050.
(b) The "value of the gas used" shall have the
meaning set forth in RCW 82.12.010(2)(a), and does not
include any amounts that are paid for the hire or use of
a natural gas business in transporting the gas subject to
this chapter if those amounts are subject to a tax which
is imposed and paid under BMC 3.50.050.
(c) There shall be allowed a deduction against the
value of the gas used when: (1) the person who sold the
gas to the consumer has paid a gross receipts tax similar
to that imposed under this section to another state; or (2)
the person consuming the gas has paid a gross receipt
tax similar to that imposed under this section to another
state. The deduction shall be with respect to and in the
amount of the value of the gas for which the gross
receipts tax was paid. (Ord. 5141 §1 (part), 2011)
3.49.050 ADMINISTRATIVE PROVISIONS.
The administrative provisions for taxes contained
in Chapter 3.86 BMC shall be fully applicable to the
provisions of this chapter except as expressly stated to
the contrary herein or by State law. (Ord. 5141 §1 (part),
2011)
3.49.060 RULES AND REGULATIONS.
The Director of Financial Services, or designee,
may establish administrative rules and regulations as
deemed appropriate, consistent with this chapter for the
purpose of enforcing and carrying out its provisions.
(Ord. 5141 §1 (part), 2011)
(Revised 9/11)
Title 5
BUSINESS LICENSES AND REGULATIONS
Chapters:
5.02 GENERAL BUSINESS LICENSES
5.03 GENERAL PROVISIONS FOR REGULATORY
LICENSES
5.08 STREET VENDORS
5.16 TEMPORARY MERCHANTS, PEDDLERS AND
MOBILE FOOD VENDORS
5.17 CHARITABLE SOLICITATION
5.22 PUBLIC DANCES
5.36 SPECIAL EVENTS
5.88 BURGLAR ALARMS
5.96 EROTIC DANCE STUDIOS
5.08-1 (Revised 9/11)
Chapter 5.08
STREET VENDORS
Sections:
5.08.010 LICENSE REQUIRED.
5.08.020 DEFINITIONS.
5.08.030 LICENSE APPLICATION.
5.08.040 LOCATION REVIEW.
5.08.050 HEALTH AND SAFETY
STANDARDS.
5.08.060 OPERATING CONDITIONS.
5.08.070 LICENSE - RENEWALS.
5.08.080 LICENSE - REVOCATION.
5.08.010 LICENSE REQUIRED.
It is unlawful for any person to engage in street
vending in the City without first obtaining a regulatory
license in addition to a business license. (Ord. 5140 §3
(part), 2011)
5.08.020 DEFINITIONS.
(a) "Director" shall mean the Financial Services
Director or designee.
(b) "Street vending" shall mean one who sells
food, nonalcoholic beverages, flowers, plants, or other
merchandise to the public from any stand, booth, cart,
basket, tray, table or other device on any sidewalk,
street, highway or public place.
(c) "Street vending site" shall mean the location of
the street vending unit.
(d) "Street vending unit" shall mean the cart, tables
and other equipment used in conjunction with a street
vending site. (Ord. 5140 §3 (part), 2011)
5.08.030 LICENSE APPLICATION.
In order to obtain a regulatory license for street
vending, an applicant must submit, in addition to the
information required in BMC 5.03.050 for a regulatory
license, the following:
(a) A copy of the street vendor’s regulatory license
application and appropriate fee as set forth in Chapter
3.01 BMC.
(b) The name and home and business addresses of
the applicant, and the name and address of the owner, if
other than the applicant, of the vending business or
street vending unit to be used in the operation of the
vending business.
(c) A copy of the current City business license or
a copy of the business license application and appropri-
ate fee.
(d) Written approval for the vending by the abut-
ting property owner. The abutting property owner may
revoke said approval upon written notice to the Director,
in which case the license shall be revoked pursuant to
BMC 5.08.080.
(e) A description of the desired location and adja-
cent businesses and an accurate drawing showing the
public area to be used, along with plans detailing the
design and size of the vending unit to be used.
(f) A license or other written document from the
Kitsap County Health District granting approval for
each food and/or beverage vending unit.
(g) A license or other written document from the
Fire Department granting approval for vendors using
flammable substances.
(h) Written approval from the City Parks and Rec-
reation Department and/or Bremerton School District
granting approval if the vending unit will be placed
within two hundred (200) feet of a public park, school
and/or playground.
(i) A certificate of insurance naming the City as an
additional insured. The minimum liability coverage
must be five hundred thousand dollars ($500,000) com-
bined single limit bodily injury and property damage,
including products liability if food vending. A certifi-
cate of insurance shall be provided to the City for review
prior to issuance of the license.
A street regulatory license for street vending is
wholly of a temporary nature and vests no permanent
rights or interest in property. The City may reject an
application and deny a license for health, safety, public
welfare and other related reasons. An application
expires after thirty (30) days of filing if the required
information is not submitted to the City during the thirty
(30) day period. The Director may grant an extension at
his or her discretion. (Ord. 5140 §3 (part), 2011)
5.08.040 LOCATION REVIEW.
Upon receipt of an application for a license or
license renewal, the Director shall review the location to
determine if it is suitable for vending. In making this
determination, the Director shall consider the following
criteria:
(a) A sidewalk vending unit is limited to one (1)
assigned location.
(b) No license shall be issued for a location within
ten (10) feet of a driveway, wheelchair ramp, bus stop
sign, or crosswalk at any intersection or any location
which unreasonably interferes with the public’s or city’s
use of the right-of-way. The location of the vending unit
shall not reduce or obstruct pedestrian passage on the
sidewalk to less than five (5) feet to the nearest street
trees, utility poles, traffic control signs and devices,
parking meters, fire hydrants, buildings and other simi-
lar devices and structures. Such width shall be measured
after including the dimensions of the cart, and any sup-
port equipment or accessories placed adjacent to the cart
during operation. Furthermore, such placement shall be
consistent with any applicable standards established by
(Revised 9/11)5.08-2
the Americans with Disabilities Act and shall not
obstruct vehicular traffic or parking or the use of any
crosswalk, wheelchair ramp, bus, or taxi zone.
(c) The license operating area for a street vending
unit must be within a commercial or industrial zone as
such is defined in the Bremerton Zoning Code. A street
vending unit shall not be licensed in areas where zoning
on adjacent private property is classified as residential.
(d) No license for a vendor shall be issued for a
proposed vending site located within one hundred (100)
feet of an existing vendor or retail store premises in
which the license applicant’s product is the primary
product of the existing vendor’s site or retail store with-
out the written consent of said licensed vendor or retail
store. This distance requirement shall not apply to appli-
cations for special events or festivals issued under a
master use license issued pursuant to Chapter 5.36
BMC.
(e) If a proposed vending site is located within
two hundred (200) feet of a park or public school, the
vendor must present written consent of the City’s Direc-
tor of Parks and Recreation or the school district, respec-
tively; if a proposed vending site is located within two
hundred (200) feet of a private school, the vendor must
present written consent of the administrator or manager
of the private school. This distance requirement shall
not apply to applications for special events or festivals
issued under a master use license issued pursuant to
Chapter 5.36 BMC.
(f) The use of vending devices must be compati-
ble with and must not unreasonably interfere with the
public interest in use of the public ways as public rights-
of-way.
(g) In the event that two (2) or more applications
for the same location are received, the earliest applica-
tion, if approved, shall be awarded the location. (Ord.
5140 §3 (part), 2011)
5.08.050 HEALTH AND SAFETY
STANDARDS.
(a) Vendors of food and beverages shall comply
with all standards established by the Kitsap County
Health District.
(b) All sidewalk vending units in which food or
beverage preparation occurs shall be inspected and
approved by the City Fire Department to assure compli-
ance of any cooking or heating apparatus with the fol-
lowing provisions:
(1) Deep fat, oil, or grease cooking processes
employing heated liquid shall be protected by a fire
extinguishing system approved by the Fire Department.
Processes involving heated fat, oil, grease, or liquids
other than water shall be shielded from the public.
(2) Processes requiring flammable gas, liq-
uid, or solid fuels shall not be licensed, unless approved
by the Fire Department. LPG containers shall be limited
to no more than five (5) gallons capacity, and no more
than one (1) container per cart or vendor display.
(3) Storage of extra fuel is prohibited in the
area of vending, or in any buildings, except as licensed
by the Fire Department.
(4) Vendors using open-flame cooking where
steaks, hamburgers, sausages, hot dogs, or other prod-
ucts producing grease-laden vapors are cooked shall not
be stationed beneath the awning or canopy of a building.
Exception may be made when evidence is presented sat-
isfying the Fire Department that no special threat is
imposed to the building or awning by virtue of vendor
location.
(5) Pressure-cooking appliances shall be pro-
hibited.
(6) A fire extinguisher is required in all vend-
ing carts using open-flame cooking or cooking products
producing grease-laden vapors. (Ord. 5140 §3 (part),
2011)
5.08.060 OPERATING CONDITIONS.
Any person with a valid regulatory license issued
pursuant to this chapter shall be subject to the following
conditions:
(a) All vendors must display, in a prominent and
visible manner, the license issued by the director under
the provisions of this chapter.
(b) Food and beverages sold must be capable of
immediate consumption.
(c) The height of the vending unit, excluding can-
opies, umbrellas, or transparent enclosures, which must
be approved by the Director, shall not exceed five (5)
feet.
(d) The vending site must be clean and orderly at
all times, and the vendor must provide a refuse container
for use by patrons.
(e) Soliciting or conducting business with persons
in motor vehicles is prohibited.
(f) No merchandise shall be displayed using street
furniture (planters, street lights, trees, trash containers,
etc.) or placed upon the sidewalk. In addition, sales of
merchandise shall not be allowed from a vehicle. No use
of any automatic coin-operated vending dispenser shall
be allowed.
(g) Vendors shall not hinder use of any phone
booth, mailbox, parking meter, fire alarm, fire hydrant
(including automatic sprinklers or standpipe connec-
tions), newspaper vending machine, waste receptacle,
bench, transit stop, or traffic signal controllers.
(h) Vendors shall obey any lawful order from a
police officer or Fire Department official during an
emergency or to avoid congestion or obstruction of the
sidewalk.
5.08-3 (Revised 9/11)
(i) No vendor shall make loud noises or use
mechanical audio or noise-making devices or hawk to
advertise his or her product.
(j) No licensed sidewalk vending unit shall be left
unattended on a sidewalk, nor remain on the sidewalk
between midnight and 6:00 a.m.
(k) Utility service connections are not licensed,
except electrical, when provided by the owner of the
abutting property. Electrical lines are not allowed over-
head or lying in the pedestrian portion of the sidewalk.
(l) Signs, banners and/or streamers may be
attached to the vending unit for the purpose of advertis-
ing or identifying the vending unit, subject to approval
of the abutting property owner (or representative or
agent) and the director. As determined by the director,
such signs, banners, and/or streamers shall be situated so
as to not unreasonably obstruct views of neighboring
property or create a public safety hazard. Advertising
signs may be placed on the vending unit but are not
licensed on the sidewalk or street area.
(m) The footprint of the vending site is subject to
the area constraints of the vending site location but in no
event shall a vending site footprint exceed two hundred
(200) square feet. A vending unit shall not exceed the
vending site footprint.
(n) A vinyl or canvas umbrella or tent may be
included as part of the vending site, but its open cover-
age may not exceed the vending site footprint. Any part
of the umbrella or tent must have a minimum seven (7)
feet of vertical clearance to the sidewalk.
(o) Vending units shall not be locked or chained to
a parking meter, City street light post, tree, or other
street fixture or furniture. (Ord. 5140 §3 (part), 2011)
5.08.070 LICENSE - RENEWALS.
Applications for renewal of a license may be filed
for the same location, features of the cart and/or prod-
ucts (i.e., from food to flowers) as originally applied for.
A renewal not applied for prior to the expiration of the
existing license may not receive a renewal of the license.
A vendor requesting renewal of a license for a business
that has changed or proposes to change location, fea-
tures of the cart and/or products since the last applica-
tion/renewal must follow the requirements for a new
application.
There is no vested right to a renewal of regulatory
license for street vending. The City may reject an appli-
cation and deny a license for health, safety and other
related reasons. (Ord. 5140 §3 (part), 2011)
5.08.080 LICENSE - REVOCATION.
A regulatory license for street vending is wholly of
a temporary nature and vests no permanent rights or
interest in property. The license may be revoked pursu-
ant to BMC 5.03.070 at any time for good cause by the
City upon thirty (30) days’ notice or without notice in
case the use or occupation of the public place shall
become dangerous or unsafe or upon failure to cure a
notice of default. If the revocation is due to circum-
stances beyond the vendor’s control, then the license fee
will be refunded on a prorated basis. In addition, the reg-
ulatory license will ordinarily be revoked under the fol-
lowing conditions:
(a) The Kitsap County Health District withdraws
approval or cancels necessary licenses;
(b) The vendor violates any portion of the Bremer-
ton Municipal Code;
(c) The vendor misrepresents facts in the license
application;
(d) The Fire Department withdraws approval or
cancels necessary licenses;
(e) The vendor’s insurance in the amounts
required by this chapter is not current and in force;
(f) Upon the establishment of a retail store or a
park or school as set forth in BMC 5.08.040(d) and (e)
unless the required consent is provided. (Ord. 5140 §3
(part), 2011)
5.16-1 (Revised 9/11)
Chapter 5.16
TEMPORARY MERCHANTS, PEDDLERS AND
MOBILE FOOD VENDORS
Sections:
5.16.010 DEFINITIONS.
5.16.020 LICENSE - REQUIRED.
5.16.030 LICENSE - TERMS.
5.16.050 LICENSE - INSPECTION.
5.16.060 SPECIAL CONDITIONS -
MOBILE FOOD VENDORS.
5.16.010 DEFINITIONS.
In construing the provisions of this chapter, the fol-
lowing definitions shall be applied.
(a) "Peddler" means any person, either as agent,
employee or principal, who carries goods, wares or mer-
chandise of whatever nature or description or any person
who offers services from house to house, building to
building, or upon any street, highway or public place
within the City for the purpose of selling such goods,
wares or merchandise or solicitory orders for the same.
Exempt from the meaning of this definition shall be
newspapers.
(b) "Temporary merchant" means and includes
anyone who, with intent to engage temporarily, tran-
siently or itinerantly in such business in the City, sells
goods, wares or merchandise or offers services and has
no permanent location within the City; provided, a
farmer, gardener, or other person who sells, delivers or
peddles any fruit, vegetables, berries, eggs or any farm
produce or edibles raised, gathered, produced or manu-
factured by such person is exempt from requirements of
this chapter.
(c) "Vending of food from mobile unit" means a
mobile unit travelling City streets for the purpose of
selling edible merchandise. Exempt from the meaning
of this definition shall be those mobile units used specif-
ically for the delivering only of food pursuant to orders
taken at an established place of business. (Ord. 5158 §1
(part), 2011: Ord. 4162 §5, 1988; Ord. 4032 §1, 1986)
5.16.020 LICENSE - REQUIRED.
It is unlawful to engage in business as a peddler or
mobile food vendor in the City without first obtaining a
regulatory license in addition to a business license. It is
unlawful to engage in business as a temporary merchant
without first obtaining a regulatory license. A temporary
merchant regulatory license shall be issued in lieu of a
business license and licensee shall be exempt from pay-
ment of City business and occupation taxes. (Ord. 5158
§1 (part), 2011: Ord. 4162 §5, 1988; Ord. 4032 §2,
1986)
5.16.030 LICENSE - TERMS.
(a) Temporary Merchants. This license shall not
exceed thirty (30) days in duration. A temporary mer-
chant’s license will be issued only twice in a calendar
year. If a temporary site is used for itinerant sales, it
must be situated on private property. The site and any
temporary structure, excluding motor vehicles and trail-
ers, must be approved by the building official and plan-
ning and fire departments before license issuance.
(b) Peddlers. The fee for a peddler’s license shall
not be prorated for any part of a license year. The license
must be carried by the vendor.
(c) Mobile Food Vending. This license is required
for each vehicle. The vehicle license plate number must
be submitted and will be printed on the regulatory
license. The license must be posted inside the vehicle.
Vendors are responsible for notifying the City, in writ-
ing, of any license plate number changes. (Ord. 5158 §1
(part), 2011: Ord. 4368 §7, 1992; Ord. 4162 §5, 1988;
Ord. 4032 §4, 1986)
5.16.050 LICENSE - INSPECTION.
Any person engaging in the business of peddling,
temporary merchant or mobile vending, as defined in
this chapter, who has obtained a license therefor from
the City Clerk, shall on demand by any police officer or
business and occupations tax license official forthwith
produce the same for inspection. (Ord. 5158 §1 (part),
2011: Ord. 4032 §8, 1986)
5.16.060 SPECIAL CONDITIONS - MOBILE
FOOD VENDORS.
(a) Vendors from mobile units shall not use radios
or any other sound devices to attract public attention
unless in accordance with Chapter 6.32 BMC.
(b) A receptacle of adequate size shall be provided
on such unit for the deposit of refuse.
(c) The owner or operator of such mobile food
vending unit shall fully comply with any and all federal,
state and City laws regarding the purity of such food and
the cleanliness of such unit.
(d) A certificate of insurance naming the City as
additional insured for general liability coverage and evi-
dencing proof of automobile liability coverage shall be
provided before license issuance and subsequently kept
current.
(1) The minimum general liability coverage
shall be five hundred thousand dollars ($500,000) com-
bined single limit bodily injury and property damage
and shall include products liability.
(2) The minimum automobile liability cover-
age shall be five hundred thousand dollars ($500,000)
combined single limit per accident for bodily injury and
property damage.
(Revised 9/11)5.16-2
(e) Vending shall occur only on the curbside of the
vehicle and shall not impede adjacent parking stalls if
conducting business on a City right-of-way.
(f) Customer lines for service shall not impede
pedestrian traffic nor shall they encroach into the road-
way or interfere with vehicular traffic.
(g) Mobile vending units shall not park in loca-
tions that will create site distance problems for traveling
motorists.
(h) No signs are allowed on areas adjacent to or
outside the mobile vending unit. Signs are allowed on
the immediate structure of the mobile vending unit.
(i) Vendors shall obey all traffic laws and will
comply with the Bremerton Municipal Code. (Ord. 5158
§1 (part), 2011: Ord. 4162 §5, 1988; Ord. 4032 §3,
1986)
(Revised 9/11)
Title 6
HEALTH AND SANITATION
Chapters:
6.02 PUBLIC NUISANCES
6.04 GARBAGE AND REFUSE
6.06 JUNK VEHICLES
6.08 NUISANCE VEGETATION
6.28 UNIFORM LITTER CONTROL CODE
6.32 NOISE LEVELS
6.02-1 (Revised 9/11)
Chapter 6.02
PUBLIC NUISANCES
Sections:
6.02.010 PROHIBITED CONDUCT.
6.02.020 TYPES OF NUISANCES.
6.02.030 AUTHORIZED ACT NOT A
PUBLIC NUISANCE.
6.02.040 VIOLATION - PENALTY.
6.02.010 PROHIBITED CONDUCT.
It is a violation of this chapter for any person to per-
mit, create, maintain, or allow, upon any premises, any
of the acts or things declared in BMC 6.02.020 to be a
public nuisance. As used herein, "public nuisance"
means a nuisance which affects equally the rights of an
entire community or neighborhood, although the extent
of the damage may be unequal. (Ord. 5147 §2 (in part),
2011: Ord. 4824, Added, 11/15/2002. Formerly
9.16.010)
6.02.020 TYPES OF NUISANCES.
Each of the following conditions, unless otherwise
permitted by law, is declared to constitute a public nui-
sance, and whenever the Director determines that any of
these conditions exist upon any premises, the Director
may provide for the abatement thereof and monetary
penalties may be assessed pursuant to Chapter 1.04
BMC, Code Enforcement:
(a) Erecting, maintaining, using, placing, deposit-
ing, leaving or permitting to be or remain in or upon any
premises, which may be viewed or smelled from with-
out the premises, or in or upon any street, alley, side-
walk, park, parkway or other public or private place in
the City, any of the following disorderly, disturbing,
unsanitary, fly-producing, rat-harboring, disease-caus-
ing places, conditions or things:
(1) Any putrid, unhealthy or unwholesome
bones, meat, hides, skins, the whole or any part of any
dead animal, fish or fowl, or waste parts of fish, vegeta-
ble or animal matter in any quantity; the carcass of any
animal, manure, human urine and/or excrement,
decayed waste or discarded food, meat, fish, animal or
vegetable refuse or any putrid or offensive animal or
vegetable matter; but nothing herein shall prevent the
temporary retention of waste in approved appropriate
covered receptacles; or
(2) Any privies, vaults, cesspools, open con-
tainers of stagnant water, sumps, pits or like places
which are not securely protected from flies and rats, or
which are malodorous; or
(3) An accumulation of material including,
but not limited to, bottles, cans, glass, plastic, ashes,
scrap metal, wire, bric-a-brac, broken stone, broken
crockery, broken glass, broken plaster, litter, rags,
empty barrels, boxes, crates, packing cases, mattresses,
bedding, packing hay, straw or other packing material or
building materials including lumber, plumbing materi-
als, wallboard, sheet metal, plaster, brick, cement,
asphalt, concrete block, roofing material, cans of paint
and similar materials which are not properly stored or
neatly piled or are offensive to a reasonable person or in
which flies or rats may breed or multiply; or
(4) Accumulation of any garbage and refuse
as defined in Chapter 6.04 BMC; or
(5) Accumulation of yard trimmings, exclud-
ing properly maintained yard compost, or other matter
which is offensive to a reasonable person; except for
such yard debris that is properly contained for the pur-
pose of composting and concealed so as not to affect the
health, safety or depreciation of adjoining property.
(b) The existence of any fence or other structure on
private property abutting or fronting upon any public
street, sidewalk or place which is in a sagging, leaning,
fallen, decayed or other dilapidated or unsafe condition.
(c) The existence of wrecked or disassembled
trailers, house trailers, boats, tractors or other vehicle,
appliance or machinery of any kind, or any major parts
thereof.
(d) The existence on any premises of any aban-
doned or unused well, pit, shaft, cistern or storage tank
without first demolishing or removing from the pre-
mises such storage tank, or securely closing and barring
any entrance or trapdoor thereto or without filling any
well, pit, shaft or cistern or capping the same with suffi-
cient security to prevent access thereto.
(e) The existence in a place accessible to children
of any attractive nuisance dangerous to children, includ-
ing but not limited to any abandoned, broken or
neglected equipment, machinery, refrigerator, freezer,
or other large appliance.
(f) Any use of property abutting on a public street
or sidewalk or any use of a public street or sidewalk
which causes people to gather in numbers sufficient to
obstruct vehicular or pedestrian traffic. This subsection
shall not apply to events, programs or parades author-
ized by the City.
(g) Any poisonous or harmful substance which is
reasonably accessible to persons or to animals.
(h) Soils contaminated by dangerous waste, haz-
ardous substances or hazardous wastes as those terms
are defined in RCW 70.105.010.
(i) Nuisance vegetation as defined in Chapter 6.08
BMC.
(j) Lumber, wood, cardboard or other flammable
material of any kind including, but not limited to, any
(Revised 9/11)6.02-2
hazardous materials or waste oil, gasoline or diesel
products stored in such a manner as to constitute a fire
or safety hazard.
(k) Scrap metal, appliances, rubber, tools, imple-
ments, or parts or portions thereof, batteries, rope, rags,
or plastic.
(l) The maintenance of signs and/or sign struc-
tures relating to uses no longer conducted or products no
longer sold on vacant commercial, industrial or institu-
tional buildings or lots more than forty-five (45) days
after the building becomes vacant or event or purpose
for which the sign or structure was erected has passed.
(m) Buildings or structures which are abandoned,
vandalized, partially destroyed, or permitted to remain
in a state of partial construction or partial demolition in
such a state as to constitute an attractive nuisance.
(n) The failure to safely and completely close,
maintain and secure all doorways, windows or other
openings into vacant structures or to secure broken win-
dows to secure the structure from unauthorized entry.
(o) Every building or unit within a building used
for the purpose of unlawfully manufacturing, deliver-
ing, selling, storing or giving away any controlled sub-
stance as defined in Chapter 69.50 RCW, legend drug as
defined in Chapter 69.41 RCW, or imitation controlled
substance as defined in Chapter 69.52 RCW, and every
building or unit within a building wherein or upon
which such acts take place.
(p) Unprotected and/or hazardous foundations and
excavations.
(q) Land or property which because of conditions
on site (whether its natural state or as a result of grading,
surface water drainage or acts of nature such as earth-
quakes, rain, landslides, sinkholes and so forth) presents
problems of such magnitude as to be injurious or poten-
tially injurious to the public health, safety and welfare,
including to adjacent property owners.
(r) The existence of any graffiti. As used in this
subsection, “graffiti” means the writing, drawing, or
script located on any public or private buildings, struc-
tures, places, walls, fences, windows, signs or other
open printable spaces which damages or defaces the
structure or other surface and which is visible from any
public right-of-way or public property. (Ord. 5147 §2
(in part), 2011: Ord. 4824, Added, 11/15/2002. For-
merly 9.16.020)
6.02.030 AUTHORIZED ACT NOT A
PUBLIC NUISANCE.
No act which is done or maintained under the
express authority of a statute or ordinance can be
deemed a public nuisance. (Ord. 5147 §2 (in part), 2011:
Ord. 4824, Added, 11/15/2002. Formerly 9.16.030)
6.02.040 VIOLATION - PENALTY.
(a) Any violation of any provision of this chapter
constitutes a civil violation under Chapter 1.04 BMC for
which a monetary penalty may be assessed and abate-
ment 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 Section 1.12.020(2)
BMC.
(c) As an alternative to any other penalty provided
in this chapter, pursuant to a violation of BMC
6.02.020(o), abatement proceedings may be instituted
under Chapter 7.43 RCW. (Ord. 5147 §2 (in part), 2011:
Ord. 4824, Added, 11/15/2002. Formerly 9.16.040)
6.06-1 (Revised 9/11)
Chapter 6.06
JUNK VEHICLES
Sections:
6.06.010 PURPOSE.
6.06.020 DEFINITIONS.
6.06.030 PUBLIC NUISANCE
DECLARED.
6.06.040 EXEMPTIONS.
6.06.050 ABATEMENT AND REMOVAL
OF JUNK VEHICLES ON
PRIVATE PROPERTY.
6.06.060 VIOLATION - PENALTY.
6.06.070 RULES AND PROCEDURES.
6.06.010 PURPOSE.
The purpose of this chapter is to preserve the char-
acter and safety of the City’s neighborhoods by elimi-
nating as nuisances, junk vehicles from private property,
and to provide procedures for the removal of junk vehi-
cles as authorized by RCW 46.55.240. (Ord. 5147 §3 (in
part), 2011)
6.06.020 DEFINITIONS.
For the purposes of this chapter, the following
words shall have the following meanings:
"Director" means the director of the department in
charge of code enforcement or his or her designee or any
designated alternate who is empowered by ordinance or
by the Mayor to enforce this chapter including assigned
code enforcement officials.
"Junk vehicle" means a vehicle meeting at least
three (3) of the following requirements (RCW
46.55.010(4)):
(a) Is three (3) years old or older;
(b) Is extensively damaged, such damage includ-
ing, but not limited to any of the following: a broken
window or windshield or missing wheels, tires, motor or
transmission;
(c) Is apparently inoperable;
(d) Has an approximate fair market value equal
only to the approximate value of the scrap in it.
"Landowner" means an owner of private property,
or a person in possession or control of private property.
(Ord. 5147 §3 (in part), 2011)
6.06.030 PUBLIC NUISANCE DECLARED.
All junk vehicles certified as such by a law enforce-
ment officer or code enforcement officer designated by
the Director according to RCW 46.55.230 and found on
private property are declared to constitute a public nui-
sance subject to removal, impoundment and disposal. It
is unlawful for any individual firm, entity or corporation
to allow, cause to allow or place a junk vehicle on any
premises. (Ord. 5147 §3 (in part), 2011)
6.06.040 EXEMPTIONS.
(a) A vehicle or part thereof which is completely
enclosed within a building in a lawful manner where it
is not visible from the street or other public or private
property; or
(b) A vehicle or part thereof which is stored or
parked in a lawful manner on private property in con-
nection with the business of a licensed dismantler or
licensed vehicle dealer and is fenced according to the
provisions of RCW 46.80.130. (Ord. 5147 §3 (in part),
2011)
6.06.050 ABATEMENT AND REMOVAL OF
JUNK VEHICLES ON PRIVATE
PROPERTY.
(a) Voluntary Correction. Whenever the code
enforcement officer determines that a vehicle is a public
nuisance and in violation of this chapter, a reasonable
attempt shall be made to secure voluntary correction
from the landowner and the vehicle’s registered owner.
(b) Issuance of Notice of Civil Violation. If the
code compliance officer does not obtain voluntary cor-
rection of the public nuisance, the officer may issue a
notice of civil violation to the landowner of record and
the vehicle’s last registered owner of record in accor-
dance with the provisions of BMC 1.04.040.
(c) Content. For violations of this chapter, the
notice of civil violation shall contain the following
information:
1. The name and address of the landowner of
record upon whose property the vehicle is located;
2. The name and address of the vehicle’s last
registered owner of record provided license or vehicle
identification numbers are available;
3. The vehicle description including: the
license plate number and/or the vehicle identification
number; the model year; the make; and the factors
which render the vehicle a public nuisance;
4. The street address of a description suffi-
cient for identification of the property where the vehicle
is located;
5. The required corrective action and a date
and time by which the correction must be completed;
6. The date, time and location of a hearing
before the Hearing Examiner on the question of abate-
ment and removal of the vehicle or part thereof as a pub-
lic nuisance which will be at least ten (10) days from the
date the notice is issued;
7. A statement indicating that the hearing
will be canceled and no monetary penalty will be
assessed if the required corrective action is completed at
(Revised 9/11)6.06-2
the time requested for compliance prior to the scheduled
hearing;
8. A statement indicating that the City may
remove, impound and dispose of the vehicle, and assess
all costs and expenses of administration, removing,
impounding and disposing of the vehicle against the
landowner or the registered owner as ordered by the
Hearing Examiner; and
9. A statement that a monetary penalty pur-
suant to BMC 1.04.040(b) in an amount per day for each
violation shall be assessed against the landowner and/or
the vehicle’s registered owner as specified and ordered
by the Hearing Examiner in accordance with BMC
1.04.040.
(d) Service of Notice. The notice shall be mailed
by certified mail, with a fifteen (15) day return receipt
requested, to the owner of the land as shown on the last
equalized assessment roll and to the last registered and
legal owner of record unless the vehicle is in such con-
dition that identification numbers are not available to
determine ownership.
(e) Landowner Responsibility Disclaimer. The
landowner may appear in person at the hearing or
present a written statement prior to the hearing, to deny
responsibility for the vehicle’s presence on the property.
If the Hearing Examiner determines that the vehicle was
placed on the property without the landowner’s consent
and that the landowner has not subsequently acquiesced
in its presence, then the costs and expenses of adminis-
tration, removing, impounding and disposing of the
vehicle shall not be assessed against the landowner or
otherwise attempted to be collected from said land-
owner.
(f) Removal by the City. Pursuant to the Hearing
Examiner’s orders, the vehicle or part thereof may be
removed at the request of a law enforcement officer; the
City may use any lawful means to cause the vehicle to
be removed from the private property and disposed of to
a licensed motor vehicle wrecker or hulk hauler or scrap
processor, with notice to the Washington State Patrol
and the Washington Department of Licensing that the
vehicle has been wrecked.
(g) Recovery of Costs and Expenses.
1. The costs of removal and disposal shall be
assessed against the last registered owner if the identity
of the owner can be determined unless the owner in the
transfer of ownership complied with RCW 46.12.650,
or against the landowner of record of the property on
which the vehicle is stored, or both. If both the owner of
the vehicle and the landowner are assessed the costs of
removal, then liability for the costs shall be their joint
and separate obligation.
2. The costs of administration and of
removal and disposal of the vehicle may be recovered
pursuant to BMC 1.04.090(b).
(h) Conflict of Provisions. The notice and related
requirements of this section are intended to supplement
those of BMC 1.04.040; however, should a conflict
exist, the provisions of this section shall prevail. (Ord.
5147 §3 (in part), 2011)
6.06.060 VIOLATION - PENALTY.
(a) Any violation of any provision of this chapter
is a civil violation as provided for in Chapter 1.04 BMC,
for which a monetary penalty may be assessed and
abatement may be required as provided therein.
(b) In addition to or as an alternative to any other
penalty provided in this chapter or by law, any person
who violates any provision of this chapter shall be guilty
of a misdemeanor pursuant to BMC 1.12.020(2). (Ord.
5147 §3 (in part), 2011)
6.06.070 RULES AND PROCEDURES.
The applicable department director in charge of
enforcement of this chapter may adopt such rules as may
be necessary to effectively implement and administer
this chapter. (Ord. 5147 §3 (in part), 2011)
6.08-1 (Revised 9/11)
Chapter 6.08
NUISANCE VEGETATION
Sections:
6.08.010 PURPOSE.
6.08.020 NUISANCE DECLARED.
6.08.030 EXEMPTIONS.
6.08.040 NOTICE TO REMOVE.
6.08.050 SERVICE OF NOTICE.
6.08.060 HEARING BY CITY COUNCIL.
6.08.070 COST OF REMOVAL.
6.08.080 LIEN.
6.08.090 FAILURE TO REMOVE -
PENALTY.
6.08.100 ALTERNATIVE
ENFORCEMENT.
6.08.010 PURPOSE.
This chapter is an exercise of the City’s police
power to protect the public health, safety and welfare
and to provide enforcement, abatement and collection of
abatement expenses by the City. This chapter shall be
enforced for the benefit of the general public, not for the
benefit of any particular person or class of persons.
It is the intent of this chapter to place the obligation
of complying with its requirements upon the owner or
occupant or other person in control of the property
within the scope of this chapter and not to impose any
duty upon the City or any of its officers, officials or
employees which would subject them to damages in a
civil action. (Ord. 5147 §4 (in part), 2011: Ord. 4822,
Amended, 11/15/2002; Ord. 4584, Added, 02/28/1997.
Formerly 9.14.005)
6.08.020 NUISANCE DECLARED.
(a) The owner or occupant or other person in con-
trol of any property within the City shall remove or
destroy all trees, plants, shrubs or vegetation, or any
parts thereof, which overhang any sidewalk at a clear-
ance height of less than eight (8) feet or street at a clear-
ance height of less than sixteen (16) feet or which are
situated on the property or on the portion of the street or
sidewalk abutting thereon in such manner as to obstruct
or impair the free and full use of the sidewalk or street,
including the interruption or interference with the clear
vision of pedestrians or persons operating vehicles
thereon, or interfering with sidewalks, streets, poles,
wires, pipes, fixtures or any other part of any public util-
ity situate in the street.
(b) It is unlawful and a nuisance for the owner or
occupant or other person in control of real property,
including any unimproved planting strips, right-of-way
or similar area abutting and adjacent to such real prop-
erty, to allow, continue or maintain the following vege-
tation:
(1) Grass and weeds exceeding twelve (12)
inches in height except in areas maintained for domestic
livestock.
(2) Shrubs, brush, vines, trees or other vegeta-
tion growing or which has grown and died, cut vegeta-
tion, blackberry vines, and organic debris, which
constitutes a fire hazard, or provides a harborage for
rats, rodents or horticultural pests or otherwise consti-
tutes a health hazard.
(3) Noxious and poisonous plants, including
poison ivy, poison oak, poison hemlock, poison sumac,
nettles and nightshade.
(4) Dead, decayed, diseased or hazardous
trees. (Ord. 5147 §4 (in part), 2011: Ord. 4822,
Amended, 11/15/2002; Ord. 4584, Amended,
02/28/1997; Ord. 2364 §1, 1959. Formerly 9.14.010)
6.08.030 EXEMPTIONS.
The following are exempt from the application of
BMC 6.08.020(b):
(1) Undeveloped publicly owned watershed lands.
(2) Private property designated as open space land,
farm and agricultural land and timberland under Chapter
84.34 RCW and taxed at current use assessment.
(3) Wetlands and critical areas designated for pro-
tection under the Growth Management Act, Chapter
36.70A RCW.
(4) Parcels of land greater than thirteen thousand
(13,000) square feet, provided the perimeter fifty (50)
feet of these parcels must be maintained in compliance
with BMC 6.08.020. (Ord. 5147 §4 (in part), 2011: Ord.
4584, Added, 02/28/1997. Formerly 9.14.018)
6.08.040 NOTICE TO REMOVE.
Whenever in the opinion of the code enforcement
officer any trees, plants, shrubs or vegetation or parts
thereof should be removed or destroyed for any of the
reasons set forth in BMC 6.08.020, he or she shall cause
a notice to be served on the owner or occupant or other
person in control of the property in the manner hereinaf-
ter set forth. Such notice shall describe the property
involved and the condition to be corrected and shall
require that the owner or occupant or other person in
control of the property cause the condition to be cor-
rected within such period of time as shall be designated
in the notice. The notice shall further provide that if the
condition is not corrected within the time specified, that
after the termination of such period of time and on a date
specified in the notice, a resolution will be presented to
the City Council to provide for the removal or destruc-
tion of the trees, plants, shrubs, vegetation or parts
thereof, and the cost of that removal or destruction
become a charge against the owner and a lien against the
(Revised 9/11)6.08-2
property. Additionally, when enforcement of this chap-
ter is pursued pursuant to Chapter 1.04 BMC, the owner
or occupant or other person in control of the property are
subject to the enforcement provisions and remedies set
forth therein. (Ord. 5147 §4 (in part), 2011: Ord. 4822,
Amended, 11/15/2002; Ord. 4584, Amended,
02/28/1997; Ord. 2364 §2, 1959. Formerly 9.14.020)
6.08.050 SERVICE OF NOTICE.
The notice provided for in BMC 6.08.040 shall be
served by delivering the notice pursuant to requirements
for service of notice set forth in Chapter 1.04 BMC.
(Ord. 5147 §4 (in part), 2011: Ord. 4822, Amended,
11/15/2002; Ord. 4584, Amended, 02/28/1997; Ord.
2364 §3, 1959. Formerly 9.14.030)
6.08.060 HEARING BY CITY COUNCIL.
If the conditions described in the notice have not
been corrected prior to the time specified therein, as
authorized by RCW 35.21.310, a resolution shall be pre-
sented to the City Council on the date designated in the
notice therefor, which resolution shall provide that the
department of the City named therein shall after the date
set therein forthwith cause the removal or destruction of
the vegetation, or any part thereof, as specified or com-
plained of in the notice. Upon introduction of the reso-
lution, the owner shall be entitled to be heard and to
show cause, if any, why the vegetation or such part
thereof should not be removed or destroyed. The finding
of the City Council determining that the vegetation
described in the notice is or is not a nuisance shall be
conclusive. If the City Council finds that the same is a
nuisance and the owner has appeared at the hearing
thereon, the owner may in the discretion of the Council
be given such additional time as may be specified by the
Council to abate the nuisance. (Ord. 5147 §4 (in part),
2011: Ord. 4584, Amended, 02/28/1997; Ord. 2364 §4,
1959. Formerly 9.14.040)
6.08.070 COST OF REMOVAL.
Whenever, after authorization by resolution of the
City Council, any trees, plants, shrubs or vegetation, or
parts thereof, are removed or destroyed, the department
causing the removal or destruction thereof shall keep an
accurate record of the necessary costs, including admin-
istrative charge, and shall become a charge against the
owner and a lien against the property as authorized by
RCW 35.21.310, as now or hereafter amended. (Ord.
5147 §4 (in part), 2011: Ord. 4627, Amended,
07/02/1998; Ord. 4584, Amended, 02/28/1997; Ord.
2364 §5, 1959. Formerly 9.14.050)
6.08.080 LIEN.
Notice of the lien herein authorized shall as nearly
as practicable be in substantially the same form, filed
with the same officer within the same time and manner
and enforced and foreclosed as is provided by law for
liens for labor and material. (Ord. 5147 §4 (in part),
2011: Ord. 4584, Amended, 02/28/1997; Ord. 2364 §6,
1959. Formerly 9.14.060)
6.08.090 FAILURE TO REMOVE -
PENALTY.
The owning or maintaining of any trees, plants,
shrubs, vegetation or parts thereof, in the manner
described in BMC 6.08.020 is hereby declared to be a
public nuisance. Anyone violating the provisions of this
chapter by failing to abate such nuisance within the time
specified in the notice herein before described or within
the time set by resolution of the City Council, whichever
time may be later, shall upon conviction thereof be
guilty of a misdemeanor and subject to the provisions of
BMC 1.12.020(2). (Ord. 5147 §4 (in part), 2011: Ord.
4733, Reaffirmed, 11/30/2000; Ord. 4680, Amended,
12/17/1999; Ord. 4584, Amended, 02/28/1997; Ord.
2364 §7, 1959. Formerly 9.14.070)
6.08.100 ALTERNATIVE ENFORCEMENT.
(a) In lieu of conducting a hearing, the City Coun-
cil may, by resolution, forward any violation of this
chapter to Chapter 1.04 BMC for enforcement.
(b) In lieu of and as an alternative to a hearing and
Council resolution as provided for in this chapter, any
violation of any provision of this chapter may be
enforced as a civil violation under Chapter 1.04 BMC
for which a monetary penalty may be assessed and
abatement may be required as provided therein.
(c) 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). (Ord.
5147 §4 (in part), 2011: Ord. 4822, Added, 11/15/2002.
Formerly 9.14.080)
7.06-1 (Revised 9/11)
Bremerton Municipal Code 7.06.020
Chapter 7.06
CHICKENS
Sections:
7.06.010 CHICKEN MANAGEMENT.
7.06.020 CHICKEN LICENSE.
7.06.030 CHICKEN LICENSE
PROCEDURE.
7.06.040 SUNSET PROVISION -
CHICKENS.
7.06.010 CHICKEN MANAGEMENT.
Chickens may be kept within the city limits of
Bremerton, provided:
(a) No more than four (4) hens, including chickens
and chicks, may be kept per single-family residential lot
pursuant to subsection (n) of this section. In no event
shall the four (4) allowed hens, including chickens or
chicks, count toward the accumulative total of four (4)
household pets pursuant to BMC 7.08.010.
(b) No roosters are allowed.
(c) Chickens, except for chicks, shall not be kept
inside any permitted dwelling.
(d) Henhouses, coops and chicken tractors must be
set back at least ten (10) feet from all property lines.
(e) Henhouses, coops and chicken tractors shall be
kept at least five (5) feet from any other structure includ-
ing decks.
(f) Henhouses, coops and chicken tractors shall
provide for adequate shelter, be kept clean and main-
tained so that dust, manure and odors are not detectable
beyond any property line.
(g) Henhouses, coops and chicken tractors includ-
ing chicken runs shall not exceed two hundred (200)
square feet in size and shall not exceed seven (7) feet in
height at the structure’s highest point.
(h) Henhouses and coops shall provide at least six
(6) square feet of space per chicken.
(i) Chicken tractors shall provide at least four (4)
square feet of space per chicken.
(j) Henhouses, coops and chicken tractors shall be
restricted to the backyard area of a single-family resi-
dential lot.
(k) Henhouses, coops and chicken tractors shall be
set back from any body of water in compliance with the
City of Bremerton’s shoreline master plan and critical
areas ordinance as each are currently enacted or herein-
after amended.
(l) Henhouses, coops and chicken tractors shall be
set back one hundred (100) feet from any public or pri-
vate well.
(m) Chickens shall not be allowed to run at large
and shall be enclosed within a henhouse, coop or
chicken tractor at all times.
(n) Chickens shall be allowed only on single-fam-
ily residential lots containing a maximum of one (1) res-
idence.
(o) Chicken manure shall be managed so as not to
create a nuisance or be in violation of Chapter 6.02
BMC as currently enacted or hereinafter amended.
(p) Chickens shall not be slaughtered.
(q) All chicken feed or food set aside for chickens
shall be stored in rodent-proof containers and feeders.
(r) All structures used to house or care for chick-
ens, including henhouses, coops and chicken tractors,
shall be rodent-proof.
(s) Any rodent activity in the vicinity of any
chicken structure or enclosure shall require the licensed
owner of the chickens to eradicate the rodents in compli-
ance with local, state and federal laws. (Ord. 5154 §5,
2011: Ord. 5126 § 2 (part), 2010).
7.06.020 CHICKEN LICENSE.
(a) Annual License. A single license to keep up to
four (4) chickens per single-family residential lot shall
be obtained annually by the owner or within thirty (30)
calendar days from the date the owner acquires the
chicken(s) or brings chickens into the City of Bremer-
ton.
(b) License Expiration. A chicken license shall
expire one (1) year from the date of issuance.
(c) Chicken License Fee. License fees are set pur-
suant to BMC 3.01.050.
(d) Additional License Fee. Licenses not renewed
by the designated renewal date shall be assessed an
additional license fee of ten dollars ($10.00); provided,
there shall be no additional license fee where:
(1) The applicant has owned the chicken(s)
for less than thirty (30) calendar days; or
(2) The applicant has resided in the City for
less than thirty (30) calendar days; or
(3) At the discretion of the City Clerk,
amnesty may be granted to all residents for an
announced period of time not to exceed ninety (90) days
in duration, and no more frequently than once per calen-
dar year.
(e) Exemptions from License Fees. The following
are exempt from license fees:
(1) Chickens in the temporary custody of a
veterinarian or animal welfare organization whose own-
ers are unknown; or
(2) Chickens owned, and available for retail
sale, by the owner or operator of a licensed commercial
pet facility. (Ord. 5126 § 2 (part), 2010).
(Revised 9/11)7.06-2
7.06.030
7.06.030 CHICKEN LICENSE PROCEDURE.
(a) Issuance of Licenses. The City Treasurer, ani-
mal control authority, or the authorized agents thereof
shall issue licenses pursuant to BMC 7.06.020, as spec-
ified in this section.
(b) Contents of License. The license shall contain
the following:
(1) Date of issuance and date of expiration;
(2) A serial number;
(3) The name, address, and telephone number
of the owner of the chicken(s).
(c) Transferability of Licenses. Licenses are not
transferable from one chicken owner to another. (Ord.
5126 § 2 (part), 2010).
7.06.040 SUNSET PROVISION - CHICKENS.
Any amendments to this title adopted pursuant to
Ordinance No. 5126 shall expire and sunset June 30,
2012, unless extended by a subsequent ordinance of the
City Council. If such sunset occurs, any citizen legally
possessing chickens at the time of the sunset shall be
allowed to maintain those chickens unless ordered oth-
erwise pursuant to this title until the chickens expire or
are removed by the owner. In no event shall any owner
be allowed to add to the number of chickens kept after
the sunset occurs. (Ord. 5126 § 2 (part), 2010).
7.08-1 (Revised 9/11)
Bremerton Municipal Code 7.08.020
Chapter 7.08
LICENSES AND LICENSING REQUIREMENTS
Sections:
7.08.010 CAT AND DOG LICENSES.
7.08.020 CAT AND DOG LICENSE
PROCEDURE.
7.08.030 COMMERCIAL PET
FACILITIES, GROOMING
PARLORS AND ANIMAL
WELFARE FACILITIES.
7.08.040 UNLAWFUL - VIOLATIONS
AND PENALTIES.
7.08.010 CAT AND DOG LICENSES.
(a) Annual License. All dogs and cats shall be
licensed annually or within thirty (30) calendar days
from the date the owner acquires the animal or takes up
residence in the City of Bremerton.
(b) License Expiration. Cat and dog licenses shall
expire one (1) calendar year from the date of issuance.
(c) Cat and Dog License Fee. License fees are set
pursuant to BMC 3.01.050.
(d) Additional License Fee. Licenses not renewed
by the designated renewal date shall be assessed an
additional license fee of ten dollars ($10.00); provided,
there shall be no additional license fee where:
(1) The applicant has owned the cat or dog for
less than thirty (30) calendar days; or
(2) The applicant has resided in the City for
less than thirty (30) calendar days; or
(3) At the discretion of the City Clerk,
amnesty may be granted to all residents for an
announced period of time not to exceed ninety (90) days
in duration, and no more frequently than once per calen-
dar year.
(e) Exemptions from License Fees. The following
are exempt from license fees:
(1) Cats and dogs in the temporary custody of
a veterinarian or animal welfare organization whose
owners are unknown;
(2) Cats and dogs owned, and available for
retail sale, by the owner or operator of a licensed com-
mercial pet facility; or
(3) Service dogs.
(f) Maximum Number of Household Pets. Not
more than the accumulative total of four (4) of the fol-
lowing animals may be kept in conjunction with each
permitted dwelling:
(1) Dogs, cats and ferrets over the age of six
(6) months.
(2) Rabbits and similar animals over the age
of three (3) months.
(3) Pigeons over the age of three (3) months.
(Ord. 5064 §1, 2008: Ord. 4949 §1 (part), 2005: Ord.
4807, Repealed & Replaced, 06/28/2002)
7.08.020 CAT AND DOG LICENSE
PROCEDURE.
(a) Issuance of Licenses. The City Treasurer, ani-
mal control authority, or the authorized agents thereof
shall issue licenses pursuant to BMC 7.08.010, as spec-
ified in this section.
(b) Contents of License. The license shall contain
the following:
(1) Date of issuance and date of expiration;
(2) A serial number;
(3) Type of animal, its name, age, color(s),
sex, breed/mix, distinguishing characteristics, and
whether the animal is spayed or neutered;
(4) The name, address, and telephone number
of the owner of the animal;
(5) Permanent identification number or mark-
ing, such as microchip implant, if applicable.
(c) License Tag.
(1) With each license, the owner shall receive
a license tag that shall contain the serial number that cor-
responds to the serial number on the license and the date
of license expiration.
(2) The license tag shall be worn at all times
except that the license tag need not be worn by the
licensed cat or dog in a sanctioned cat or dog show or
while engaged in formal, recognized training. A micro-
chip implant may replace a license tag; provided, that
the license is renewed annually and the annual license
fee is paid.
(d) Transferability of Licenses. Licenses are not
transferable from one cat or dog to another, but may be
transferred from an original owner to a new owner; pro-
vided, that the new owner records the transfer with the
licensing agent within fourteen (14) calendar days, pays
a transfer charge as provided for in BMC 3.01.050, and
assumes responsibility for all future license fees while
maintaining ownership of the cat or dog.
(e) Lost Tags. Lost license tags may be replaced
by a substitute license or tag upon application to the City
Treasurer, the animal control authority, or their author-
ized agents thereof and payment of a replacement
charge, as provided for in BMC 3.01.050. (Ord. 4949 §1
(part), 2005: Ord. 4807, Repealed & Replaced,
06/28/2002)
(Revised 9/11)7.08-2
7.08.030
7.08.030 COMMERCIAL PET FACILITIES,
GROOMING PARLORS AND
ANIMAL WELFARE FACILITIES.
(a) License Required. Commercial pet facilities,
grooming parlors, and animal welfare facilities shall be
licensed pursuant to Chapters 3.01 and 5.02 BMC.
(b) Operation requirements for commercial pet
facilities and animal welfare facilities:
(1) Adequate food and water for each species,
pursuant to BMC 7.04.020(a), and proper habitat and
medical attention, if needed, shall be provided during
normal business hours and when the facilities are not
open for business;
(2) Food shall be stored in a fashion that pre-
vents contamination or infestation;
(3) The facilities shall be maintained and
operated in a healthful and sanitary manner, free from
disease, infestation, and foul odors;
(4) Sick animals shall be isolated from
healthy ones in quarters adequately ventilated to prevent
contamination of healthy animals;
(5) Sick or injured animals shall receive
appropriate medical treatment by or under the auspices
of a licensed veterinarian. Records shall be maintained
reflecting treatment, care, dates of veterinary visits, and
the name of the veterinarian and veterinary clinic pro-
viding treatment. Sick or injured animals shall not be
sold, bartered, or otherwise transferred from a commer-
cial pet facility or animal welfare facility to a new owner
until the illness or injury is substantially healed, unless
such transfer is to an animal welfare organization that
assumed all responsibility for providing the appropriate
medical treatment;
(6) Cats and dogs shall receive age-appropri-
ate vaccines and anthelmintics. Records of such shall be
maintained for each animal and made available to the
animal control authority and the Bremerton-Kitsap
County Health District, including the name and address
of the attending veterinarian, if applicable;
(7) A copy of all medical records including,
but not limited to, the records described in subsections
(b)(5) and (6) of this section shall be provided to new
owners at the time the ownership of the animal is trans-
ferred, or to the animal control authority upon request.
(c) Facility and individual housing and habitat
requirements for commercial pet facilities and animal
welfare facilities:
(1) Indoor and outdoor animal housing facili-
ties shall be in good repair, protect the animals from
injury, and shall provide sufficient security to contain
the animals while preventing entry by unwanted ani-
mals. Also, the habitat shall provide species-specific
requirements including, but not limited to, temperature,
humidity, and light.
(2) Indoor facilities shall:
(i) Provide the animal with adequate
space for movement and ability to sit, lie, stand, and
stretch without touching the sides or top of housing;
(ii) Be heated or cooled to protect the ani-
mals from temperatures to which they are not accli-
mated;
(iii) Be adequately ventilated;
(iv) Have interior walls, ceilings, and
floors that are sealed and are resistant to absorption of
moisture or odors;
(v) Have flooring with a surface that can
be sanitized and treated to minimize growth of harmful
bacteria;
(vi) Have a waste collection and removal
system that facilitates cleaning and permits maintaining
the facility in a sanitary condition; and
(vii)Have available a washroom with sink
for hot and cold running water.
(3) Outdoor facilities shall:
(i) Provide adequate shelter and protec-
tion from adverse weather;
(ii) Provide sufficient room for adequate
exercise and movement; and
(iii) When no indoor facility is available,
outdoor facilities shall also:
(iv) Have flooring with a surface that can
be sanitized and treated to minimize growth of harmful
bacteria;
(v) Have a waste collection and removal
system that facilitates cleaning and permits maintaining
the facility in a sanitary condition; and
(vi) Have available a washroom with sink
for hot and cold running water.
(d) Operation and Facility Requirements for
Grooming Parlors. Grooming parlors shall:
(1) Not board animals;
(2) Provide restraining straps for animals to
prevent injury while being groomed;
(3) Sterilize grooming equipment after each
use;
(4) Not leave animals unattended when
placed before a dryer;
(5) Not prescribe or administer treatment or
medicine or otherwise engage in veterinary practice as
defined in RCW 18.92.010;
(6) Not confine more than one (1) animal in
the same cage unless so requested by the owner of the
animals;
(7) Be structurally sound and in good repair,
designed to protect the animals from injury, and provide
sufficient security to contain the animals while prevent-
ing entry by unwanted animals;
7.08-3 (Revised 9/11)
Bremerton Municipal Code 7.08.040
(8) Have grooming and animal containment
areas with walls, ceilings and floors that are sealed and
resistant to absorption of moisture and odors; and
(9) Be cleaned and sanitized on a regular
basis.
(e) Inspections. The animal control authority shall
inspect existing or proposed commercial pet facilities,
animal welfare facilities, and grooming parlors in con-
nection with its licensing investigation and when
inspections are necessary to ensure compliance with this
title. Such inspections shall be made during regular
business hours. (Ord. 5140 §2, 2011; Ord. 4949 §1
(part), 2005: Ord. 4807, Repealed & Replaced,
06/28/2002)
7.08.040 UNLAWFUL - VIOLATIONS AND
PENALTIES.
(a) It shall be unlawful:
(1) For a person other than the owner, keeper,
or other authorized person to remove the license tag
from an animal required or permitted to be licensed pur-
suant to this chapter;
(2) To operate a commercial pet facility, ani-
mal welfare facility, or grooming parlor without a valid
license;
(3) To operate a commercial pet facility, ani-
mal welfare facility, or grooming parlor in a fashion
contrary to that required by BMC 7.08.030.
(b) Any violation of this chapter as set forth in this
section shall constitute a misdemeanor pursuant to BMC
1.12.020(2). Further, any person, firm or corporation
violating the provisions of this chapter shall be deemed
guilty of a separate offense for each and every day or
portion thereof during which any violation of this sec-
tion is committed, continued or permitted. (Ord. 4949
§1 (part), 2005)
(Revised 9/11)
Title 9
PEACE, SAFETY AND MORALS
Chapters:
9.06 POLICE DOGS
9.10 TOW TRUCK ROSTER
9.12 TOW TRUCK SERVICES
9.18 NO SMOKING SIGNS
9.20 PAWNBROKERS AND SECOND-HAND DEALERS
9.24 PROSTITUTION
9.29 NUDITY IN PUBLIC PLACES
9.32 UNAUTHORIZED CAMPING
9.34 HOTELS/MOTELS
9.37 UNFAIR HOUSING PRACTICES
9.39 SOLICITING
9.48 FIREWORKS
9.50 SOLVENT INHALATION
9.88 MARIJUANA
9.89 DRUG RELATED LOITERING
9.92 CHRONIC NUISANCE PROPERTIES
9.92-1 (Revised 9/11)
Chapter 9.92
CHRONIC NUISANCE PROPERTIES
Sections:
9.92.010 PURPOSE.
9.92.020 DEFINITIONS.
9.92.030 VIOLATION.
9.92.040 PROCEDURE.
9.92.050 COMMENCEMENT OF
ACTION - ENFORCEMENT.
9.92.060 SUMMARY CLOSURE.
9.92.070 SEVERABILITY.
9.92.010 PURPOSE.
(a) Chronic nuisance properties present grave
health, safety and welfare concerns, where the persons
responsible for such properties have failed to take cor-
rective action to abate the nuisance condition. Chronic
nuisance properties have a tremendous negative impact
upon the quality of life, safety and health of the neigh-
borhoods where they are located. This chapter is enacted
to remedy nuisance activities that are particularly dis-
ruptive to quality of life and repeatedly occur or exist at
properties by providing a process for abatement. This
remedy is not an exclusive remedy available under any
state or local laws and may be used in conjunction with
such other laws.
(b) Also, chronic nuisance properties are a finan-
cial burden to the city by the repeated calls for service to
the properties because of the nuisance activities that
repeatedly occur or exist on such property. This chapter
is a means to ameliorate those conditions and hold
accountable those persons responsible for such prop-
erty. (Ord. 5039 §1 (part), 2008)
9.92.020 DEFINITIONS.
For purposes of this chapter, the following words or
phrases shall have the meaning prescribed below:
(a) "Abate" means to repair, replace, remove,
destroy, or otherwise remedy a condition which consti-
tutes a violation of this chapter by such means and in
such a manner and to such an extent as the applicable
City department director or designee(s) determines is
necessary in the interest of the general health, safety and
welfare of the community;
(b) "Control" means the ability to regulate,
restrain, dominate, counteract or govern property, or
conduct that occurs on a property;
(c) "Chronic nuisance property" means property
on which any combination of three (3) or more nuisance
activities occur or exist during any sixty (60) day period;
(d) "Drug-related activity" means any unlawful
activity at a property which consists of the manufacture,
delivery, sale, storage, possession, or giving away of
any controlled substance as defined in Chapter 69.50
RCW, legend drug as defined in Chapter 69.41 RCW, or
imitation controlled substances as defined in Chapter
69.52 RCW;
(e) "Nuisance activity" means and includes:
(1) Any nuisance as defined by State law or
local ordinance occurring on, around or near a property,
including, but not limited to, violations of the following
laws and regulations:
(a) Chapter 6.06 BMC, Junk Vehicles;
(b) Fire code, BMC Title 18;
(c) BMC Title 6, Health and Sanitation;
(2) Any criminal conduct as defined by State
law or local ordinance occurring on, around or near a
property, including, but not limited to, the following
activities or behaviors:
(a) Stalking, BMC 9A.32.110;
(b) Harassment, BMC 9A.32.050;
(c) Failure to disperse, BMC 9A.44.030;
(d) Disorderly conduct, BMC 9A.44.020;
(e) Assault, BMC 9A.32.010;
(f) Any domestic violence crimes, BMC
9A.32.070;
(g) Reckless endangerment, BMC
9A.32.020;
(h) Prostitution, BMC 9.24.020;
(i) Patronizing a prostitute, BMC
9.24.040;
(j) Public disturbance noises, BMC
6.32.120(a);
(k) Lewd conduct, BMC 9A.44.070;
(l) Any firearms/dangerous weapons
violations, BMC 9A.24.010 through 9A.24.220;
(m) Drug-related loitering, BMC
9.89.010;
(n) Any dangerous animal violations,
BMC 7.12.040;
(o) Any drug-related activity;
(3) For purposes of this chapter, "nuisance
activity" shall not include conduct where the person
responsible is the victim of a crime and had no control
over the criminal act;
(f) "Person responsible for property" or "person
responsible" means, unless otherwise defined, any per-
son who has titled ownership of the property or structure
which is subject to this chapter, an occupant in control
of the property or structure which is subject to this chap-
ter, a developer, builder, or business operator or owner
who is developing, building, or operating a business on
the property or in a structure which is subject to this
chapter and/or any person who has control over the
property and allows a violation of this chapter to con-
tinue;
(Revised 9/11)9.92-2
(g) "Person" means natural person, joint venture,
partnership, association, club, company, corporation,
business trust, organization, or the manager, lessee,
agent, officer or employee of any of them;
(h) "Premises and property" may be used by this
chapter interchangeably and means any public or private
building, lot, parcel, dwelling, rental unit, real estate or
land or portion thereof including property used as resi-
dential or commercial property;
(i) "Rental unit" means any structure or that part
of a structure, including but not limited to single-family
home, room or apartment, which is rented to another and
used as a home, residence, or sleeping place by one (1)
or more persons. (Ord. 5154 §1, 2011: Ord. 5039 §1
(part), 2008)
9.92.030 VIOLATION.
(a) Any property within the City of Bremerton
which is a chronic nuisance property is in violation of
this chapter and subject to its remedies; and
(b) Any person responsible for property who per-
mits property to be a chronic nuisance property shall be
in violation of this chapter and subject to its remedies.
(Ord. 5039 §1 (part), 2008)
9.92.040 PROCEDURE.
(a) When the Chief of Police, or his/her desig-
nee(s), receives documentation confirming the occur-
rence of three or more nuisance activities within a sixty
(60) day period on any property, the Chief of Police, or
his/her designee(s), may review such documentation to
determine whether it describes the nuisance activities
enumerated in BMC 9.92.020. Upon such a finding, the
Chief of Police, or his/her designee(s), shall warn the
person responsible for such property, in writing, that the
property is in danger of being declared a chronic nui-
sance property.
(b) The warning shall contain:
(1) The street address or a legal description
sufficient for identification of the property;
(2) A concise description of the nuisance
activities that exist, or that have occurred on the prop-
erty;
(3) A demand that the person responsible for
such property respond to the Chief of Police or his/her
designee(s) within ten (10) days of service of the notice
to discuss the nuisance activities and create a plan to
abate the chronic nuisance;
(4) Offer the person responsible an opportu-
nity to abate the nuisance activities giving rise to the
violation; and
(5) A statement describing that if legal action
is sought, the property could be subject to closure and
civil penalties and/or costs assessed up to one hundred
dollars ($100.00) per day if the property is declared a
chronic nuisance property.
(c) The Chief of Police or his/her designee(s) shall
serve or cause to be served such warning upon the per-
son responsible in accordance with the procedures set
forth in BMC 1.04.040(e) and (f).
(d) If the person responsible fails to respond to the
warning within the time prescribed, the Chief of Police,
or his/her designee(s) shall issue a notice declaring the
property to be a chronic nuisance property and post such
notice at the property and issue the person responsible a
civil infraction, punishable by a maximum penalty of
one thousand dollars ($1,000). If the person responsible
fails to respond to the issued infraction and/or continues
to violate the provisions of this chapter, the matter shall
be referred to the Office of the City Attorney for further
action.
(e) If the person responsible responds as required
by the notice and agrees to abate the nuisance activity,
the Chief of Police, or his/her designee(s), and the per-
son responsible, may work out an agreed upon course of
action which would abate the nuisance activity. If an
agreed course of action does not result in the abatement
of the nuisance activities or if no agreement concerning
abatement is reached, the matter shall be forwarded to
the Office of the City Attorney for enforcement action.
Provided, that in the event the Chief of Police or his/her
designee(s) or the City Attorney determines that the per-
son responsible has taken reasonable steps to abate the
nuisance activity, the City Attorney shall not commence
an enforcement action under this chapter, notwithstand-
ing the continuance of the nuisance activity.
(f) It is a defense to an action for chronic nuisance
property that the person responsible, at all material
times, could not, in the exercise of reasonable care or
diligence, determine that the property had become a
chronic nuisance property, or could not, in spite of the
exercise of reasonable care and diligence, control the
conduct leading to the determination that the property is
chronic nuisance property. (Ord. 5039 §1 (part), 2008)
9.92.050 COMMENCEMENT OF ACTION -
ENFORCEMENT.
(a) Once the matter is referred to the City Attor-
ney, the City Attorney shall immediately review and
make a determination to initiate legal action authorized
under this chapter or State statute, or may seek alterna-
tive forms of abatement of the nuisance activity. The
City Attorney may initiate legal action on the chronic
nuisance property and seek civil penalties and costs in
superior court for the abatement of the nuisance.
(b) In determining whether a property shall be
deemed a chronic nuisance property and subject to the
court’s jurisdiction, the City shall have the initial burden
of proof to show by a preponderance of the evidence that
the property is a chronic nuisance property. The City
9A.32-1 (Revised 9/11)
Chapter 9A.32
ASSAULT
Sections:
9A.32.010 ASSAULT.
9A.32.020 RECKLESS ENDANGERMENT.
9A.32.030 COERCION.
9A.32.050 HARASSMENT.
9A.32.060 TELEPHONE CALLS TO
HARASS, INTIMIDATE,
TORMENT OR EMBARRASS.
9A.32.070 DOMESTIC VIOLENCE -
STATE STATUTES ADOPTED
BY REFERENCE.
9A.32.080 ORDER FOR PROTECTION
AND RESTRAINING ORDER -
STATE STATUTES ADOPTED
BY REFERENCE.
9A.32.090 CUSTODIAL INTERFERENCE.
9A.32.100 INTERFERING WITH THE
REPORTING OF DOMESTIC
VIOLENCE.
9A.32.110 STALKING.
9A.32.120 CRIMINAL MISTREATMENT.
9A.32.130 SEXUAL MOTIVATION.
9A.32.010 ASSAULT.
RCW 9A.36.041 is adopted by reference as cur-
rently enacted and as hereinafter amended from time to
time, and shall be given the same force and effect as if
set forth herein in full. (Ord. 4850 §2 (in part), 2003)
9A.32.020 RECKLESS ENDANGERMENT.
RCW 9A.36.050 is adopted by reference as cur-
rently enacted and as hereinafter amended from time to
time, and shall be given the same force and effect as if
set forth herein in full. (Ord. 4850 §2 (in part), 2003)
9A.32.030 COERCION.
RCW 9A.36.070 is adopted by reference as cur-
rently enacted and as hereinafter amended from time to
time, and shall be given the same force and effect as if
set forth herein in full. (Ord. 4850 §2 (in part), 2003)
9A.32.050 HARASSMENT.
RCW 9A.46.020 is adopted by reference as cur-
rently enacted and as hereinafter amended from time to
time, and shall be given the same force and effect as if
set forth herein in full. (Ord. 4850 §2 (in part), 2003)
9A.32.060 TELEPHONE CALLS TO HARASS,
INTIMIDATE, TORMENT OR
EMBARRASS.
The following sections of Chapter 9.61 RCW, with
the exception of those provisions contained therein for
which a violation constitutes a felony crime, are hereby
adopted by reference as currently enacted and as herein-
after amended from time to time, and shall be given the
same force and effect as if set forth herein in full:
RCW 9.61.230 Defined.
RCW 9.61.240 Permitting telephone to be
used.
RCW 9.61.250 Offense where deemed
committed.
(Ord. 4850 §2 (in part), 2003)
9A.32.070 DOMESTIC VIOLENCE - STATE
STATUTES ADOPTED BY
REFERENCE.
Chapter 10.99 RCW, with the exception of those
provisions contained therein for which a violation con-
stitutes a felony crime, is adopted by reference as cur-
rently enacted and as hereinafter amended from time to
time, and shall be given the same force and effect as if
set forth herein in full. (Ord. 4850 §2 (in part), 2003)
9A.32.080 ORDER FOR PROTECTION AND
RESTRAINING ORDER - STATE
STATUTES ADOPTED BY
REFERENCE.
RCW 26.09.300 and Chapters 10.14 and 26.50
RCW, with the exception of those provisions contained
therein for which a violation constitutes a felony crime,
are hereby adopted by reference as currently enacted
and as hereinafter amended from time to time, and shall
be given the same force and effect as if set forth herein
in full. (Ord. 4850 §2 (in part), 2003)
9A.32.090 CUSTODIAL INTERFERENCE.
The following statutes of the State, with the excep-
tion of those provisions contained therein for which a
violation constitutes a felony crime, are adopted by ref-
erence as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and
effect as if set forth herein in full:
RCW 9A.40.070 Custodial interference in the
second degree.
RCW 9A.40.080 Custodian interference -
Assessment of costs - Defense -
Consent defense, restricted.
(Ord. 4850 §2 (in part), 2003)
(Revised 9/11)9A.32-2
9A.32.100 INTERFERING WITH THE
REPORTING OF DOMESTIC
VIOLENCE.
RCW 9A.46.150 is adopted by reference as cur-
rently enacted and as hereinafter amended from time to
time, and shall be given the same force and effect as if
set forth herein in full. (Ord. 4850 §2 (in part), 2003)
9A.32.110 STALKING.
RCW 9A.46.110, with the exception of those provi-
sions contained therein for which a violation constitutes
a felony crime, is adopted by reference as currently
enacted and as hereinafter amended from time to time,
and shall be given the same force and effect as if set
forth herein in full. (Ord. 4850 §2 (in part), 2003)
9A.32.120 CRIMINAL MISTREATMENT.
The following sections of Chapter 9A.42 RCW,
with the exception of those provisions contained therein
from which a violation constitutes a felony crime, are
hereby adopted by reference as currently enacted and as
hereinafter amended from time to time, and shall be
given the same force and effect as if set forth herein in
full:
RCW 9A.42.005 Findings and intent - Christian
Science treatment - Rules of
evidence.
RCW 9A.42.010 Definitions.
RCW 9A.42.035 Criminal mistreatment in the
third degree.
RCW 9A.42.037 Criminal mistreatment in the
fourth degree.
RCW 9A.42.040 Withdrawal of life support
systems.
RCW 9A.42.045 Palliative care.
RCW 9A.42.050 Defense of financial inability.
RCW 9A.42.080 Abandonment of a dependent
person in the third degree -
Exception.
RCW 9A.42.090 Abandonment of a dependent
person - Defense.
RCW 9A.42.110 Leaving a child in the care of a
sex offender.
(Ord. 4850 §2 (in part), 2003)
9A.32.130 SEXUAL MOTIVATION.
RCW 9.94A.835, entitled "Special allegation - Sex-
ual motivation - Procedures," is adopted by reference as
currently enacted and as hereafter amended from time to
time, and shall be given the same force and effect as if
set forth herein in full. (Ord. 5146 §1, 2011)
9A.44-1 (Revised 9/11)
Chapter 9A.44
PUBLIC DISTURBANCES
Sections:
9A.44.010 DEFINITIONS.
9A.44.020 DISORDERLY CONDUCT.
9A.44.030 FAILURE TO DISPERSE.
9A.44.040 EXPECTORATING.
9A.44.050 MISCHIEF ON BRIDGES.
9A.44.060 UNLAWFUL BUS CONDUCT.
9A.44.065 URINATING IN PUBLIC.
9A.44.070 LEWD CONDUCT.
9A.44.080 INTRODUCING CONTRABAND
IN THE THIRD DEGREE.
9A.44.090 RIOT.
9A.44.100 PEDESTRIAN
INTERFERENCE.
9A.44.010 DEFINITIONS.
The following definitions are applicable in BMC
9A.44.020 through 9A.44.080, unless the context other-
wise requires:
(a) "Peace" as used in the phrase "public peace"
means the tranquility enjoyed by members of a commu-
nity where good order presides.
(b) "Public place" means an area generally visible
to public view and includes streets, sidewalks, bridges,
alleys, plazas, parks, driveways, parking lots and build-
ings open to the general public, including those that
serve food or drink or provide entertainment, and the
doorways and entrances to buildings or dwellings and
the grounds enclosing them.
(c) "Unreasonably disrupts" means to substan-
tially impair the conduct of a meeting by intentionally
committing acts in violation of implicit customs or
usages or of explicit rules for governance of the meeting
he or she knew, or as a reasonable man or woman should
have known. (Ord. 5145 §1 (in part), 2011: Ord. 4850 §2
(in part), 2003)
9A.44.020 DISORDERLY CONDUCT.
RCW 9A.84.030 is adopted by reference as cur-
rently enacted and as hereafter amended from time to
time, and shall be given the same force and effect as if
set forth herein in full. (Ord. 5145 §1 (in part), 2011:
Ord. 4850 §2 (in part), 2003)
9A.44.030 FAILURE TO DISPERSE.
RCW 9A.84.020 is adopted by reference as cur-
rently enacted and as hereafter amended from time to
time, and shall be given the same force and effect as if
set forth herein in full. (Ord. 5145 §1 (in part), 2011:
Ord. 4850 §2 (in part), 2003)
9A.44.040 EXPECTORATING.
It is unlawful for a person to expectorate upon the
floor, walls or furniture of any public conveyance, pub-
lic building or any store open to and used by the public.
(Ord. 5145 §1 (in part), 2011: Ord. 4850 §2 (in part),
2003)
9A.44.050 MISCHIEF ON BRIDGES.
It is unlawful for any person to intentionally:
(a) Throw, drop or otherwise cause any object or
missile to be thrown, dropped or released from any por-
tion of any bridge, including the bridges crossing the
Port Washington Narrows, commonly known as the
Bremerton-Manette and Warren Avenue Bridges; or
(b) Jump, leap or go upon with the intent of jump-
ing or leaping from any portion of any bridge, including
the Port Washington Narrows, commonly known as the
Bremerton-Manette and Warren Avenue Bridges. (Ord.
5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003)
9A.44.060 UNLAWFUL BUS CONDUCT.
(a) A person is guilty of unlawful bus conduct if,
while on or in a municipal transit vehicle and with
knowledge that such conduct is prohibited, he or she:
(1) Smokes or carries a lighted or smoldering
pipe, cigar or cigarette; or
(2) Discards litter other than in designated
receptacles; or
(3) Plays any radio, recorder, or other sound-
producing equipment, except that nothing herein shall
prohibit use of such equipment when connected to ear-
phones that limit the sound to the individual listeners or
the use of a communication device by an employee of
the owner or operator of the municipal transit vehicle; or
(4) Spits or expectorates; or
(5) Carries any flammable liquid, explosive,
acid, or other article or material likely to cause harm to
others, except that nothing herein shall prevent a person
from carrying a cigarette, cigar, or pipe lighter or carry-
ing a firearm or ammunition in a way that is not other-
wise prohibited by law.
(b) A municipal transit vehicle includes every
motor vehicle, street car, train, trolley vehicle, and any
other device, which: (1) is capable of being moved
within, upon, above or below a public highway; (2) is
owned or operated by the Kitsap County Public Transit
Authority; and (3) is used for the purpose of carrying
passengers, together with incidental baggage and
freight, on a regular schedule. (Ord. 5145 §1 (in part),
2011: Ord. 4850 §2 (in part), 2003)
9A.44.065 URINATING IN PUBLIC.
(a) A person is guilty of the crime of urinating in
public if he or she intentionally urinates or defecates in
a public place, other than a washroom or toilet room, or
(Revised 9/11)9A.44-2
at a place and under circumstances where such act could
be observed by any member of the public.
(b) Any violation of the provisions of this section
shall be an infraction, and any person found in violation
shall be subject to a penalty not to exceed two hundred
fifty dollars ($250.00). (Ord. 5145 §1 (in part), 2011)
9A.44.070 LEWD CONDUCT.
(a) (1) A person is guilty of lewd conduct if he
intentionally performs a lewd act in a public place or at
a place and under circumstances where such act could
be observed by the public.
(2) The owner or operator of premises open to
the public is guilty of a misdemeanor if he intentionally
permits lewd conduct in a public place under his control.
(b) "Lewd act" means:
(1) Public exposure of one’s genitals, but-
tocks, or any portion of the female breast below the top
of the areola; or
(2) Public touching, caressing or fondling of
the genitals or female breast; or
(3) Public masturbation; or
(4) Public sexual intercourse.
(c) "Public" or "public display" means easily visi-
ble from a public thoroughfare or from property of oth-
ers, or in a public place in manner so obtrusive as to
make it difficult for an unwilling person to avoid expo-
sure.
(d) This chapter shall not be construed to prohibit:
(1) Plays, operas, musicals or other dramatic
works which are not obscene;
(2) Classes, seminars and lectures held for sci-
entific or education purposes;
(3) Exhibitions or dances which are not
obscene. (Ord. 5145 §1 (in part), 2011: Ord. 4850 §2 (in
part), 2003)
9A.44.080 INTRODUCING CONTRABAND IN
THE THIRD DEGREE.
RCW 9A.76.160 is adopted by reference as cur-
rently enacted and as hereafter amended from time to
time, and shall be given the same force and effect as if
set forth herein in full. (Ord. 5145 §1 (in part), 2011:
Ord. 4850 §2 (in part), 2003)
9A.44.090 RIOT.
RCW 9A.84.010 is adopted by reference as cur-
rently enacted and as hereafter amended from time to
time, and shall be given the same force and effect as if
set forth herein in full. (Ord. 5145 §1 (in part), 2011:
Ord. 4850 §2 (in part), 2003)
9A.44.100 PEDESTRIAN INTERFERENCE.
(a) The following definitions apply in this section:
(1) "Aggressively beg" means to beg with the
intent to intimidate another person into giving money or
goods.
(2) "Intimidate" means to engage in conduct
which would make a reasonable person fearful or feel
compelled.
(3) "Beg" means to ask for money or goods as
a charity, whether by words, bodily gestures, signs, or
other means.
(4) "Obstruct pedestrian or vehicular traffic"
means to walk, stand, sit, lie, or place an object in such
a manner as to block passage by another person or a
vehicle, or to require another person or a driver of a
vehicle to take evasive action to avoid physical contact.
Acts authorized as an exercise of one’s constitutional
right to picket or to legally protest, and acts authorized
by a permit issued pursuant to the Bremerton Municipal
Code, shall not constitute obstruction of pedestrian or
vehicular traffic.
(5) "Public place" means an area generally
visible to public view and includes alleys, bridges,
buildings, driveways, parking lots, parks, plazas, side-
walks and streets open to the general public, including
those that serve food or drink or provide entertainment,
and the doorways and entrances to buildings or dwell-
ings and grounds enclosing them.
(b) A person is guilty of pedestrian interference if,
in a public place, he or she intentionally:
(1) Obstructs pedestrian or vehicular traffic;
or
(2) Aggressively begs.
(c) Pedestrian interference is a misdemeanor.
(Ord. 5145 §1 (in part), 2011: Ord. 4930 §1, 2005)
10.04-1 (Revised 9/11)
Chapter 10.04
STATE STATUTES
Sections:
10.04.010 MTO - ADOPTION BY
REFERENCE.
10.04.020 MTO - SECTIONS NOT
ADOPTED.
10.04.030 MTO - STATUTES NOT
ADOPTED.
10.04.034 INATTENTION TO DRIVING.
10.04.040 FILING OF COPIES FOR
PUBLIC USE.
10.04.050 DISPOSITION OF TRAFFIC
FINES AND FORFEITURES.
10.04.060 OFFICIAL MISCONDUCT.
10.04.070 PENALTIES.
10.04.010 MTO - ADOPTION BY
REFERENCE.
The Washington Model Traffic Ordinance, Chapter
308-330 WAC, referred to in this chapter as the "MTO,"
is adopted by reference as currently enacted and herein-
after amended as and for the traffic ordinance of the City
as if set forth in full in this chapter, except:
(1) As provided in BMC 10.04.020 and 10.04.030;
and
(2) Parking on street planting strips is allowed
where the City Engineer has determined an area does
not pose an unacceptable hazard to motorists or pedes-
trians, the City Engineer has posted signs authorizing
such parking and the vehicle is parked upon such plant-
ing strip facing the direction of traffic flow. (Ord. 5138
§1, 2011: Ord. 4465 §1 (in part), 1994; Ord. 4260 §1,
1990; Ord. 4211 §1, 1989; Ord. 3614 §1, 1981)
10.04.020 MTO - SECTIONS NOT ADOPTED.
The following sections of the MTO are not adopted
by reference and are expressly deleted: WAC 308-330-
127, 308-330-250, 308-330-275, 308-330-500, 308-
330-505, 308-330-510, 308-330-515, 308-330-520,
308-330-525, 308-330-530, 308-330-535, 308-330-
540, 308-330-560, and 308-330-650; provided,
"Department of Administrative Services" shall be sub-
stituted for "Chief of Police" wherever it appears in
WAC 308-330-660, SERVICE PARKING. (Ord. 4465
§1 (in part), 1994; Ord. 4211 §2, 1989; Ord. 3614 §2,
1981)
10.04.030 MTO - STATUTES NOT ADOPTED.
The following sections in the Revised Code of
Washington which were adopted by reference in the
MTO are not adopted by reference and are expressly
deleted: RCW 46.16.135, 46.16.140, 46.16.145,
46.16.170, 46.44.090, 46.44.091, 46.44.092, 46.44.093,
46.44.095, 46.44.096, 46.44.120, 46.44.130 and
46.44.140. (Ord. 4465 §1 (in part), 1994; Ord. 3614 §3,
1981)
10.04.034 INATTENTION TO DRIVING.
(a) It shall be unlawful for any person to operate a
vehicle in an inattentive manner. "Inattentive manner"
means such a manner so as to fail to maintain a careful
lookout adequate to avoid endangering or colliding with
persons or property.
(b) The offense of operating a vehicle in an inat-
tentive manner shall be a lesser offense than, but
included in, the offense of operating a vehicle in a neg-
ligent manner under RCW 46.61.525, and any person
charged pursuant to RCW 46.61.525 may be convicted
of the lesser offense of operating a vehicle in an inatten-
tive manner.
(c) Violation of this section shall constitute a civil
infraction. (Ord. 4314 §1, 1991)
10.04.040 FILING OF COPIES FOR PUBLIC
USE.
Incident to the adoption of the MTO by reference
by this chapter, copies of the text of the adopted MTO
and of other adopted statutes shall be filed as required by
RCW 35.21.180 for use and examination by the public.
(Ord. 3614 §7, 1981)
10.04.050 DISPOSITION OF TRAFFIC FINES
AND FORFEITURES.
All fines or forfeitures collected upon conviction or
upon the forfeiture of bail of any person charged with a
violation of any of the provisions of this chapter shall be
paid into the general fund of the City. (Ord. 3614 §5,
1981)
10.04.060 OFFICIAL MISCONDUCT.
Failure, refusal or neglect on the part of any judicial
or other officer or employee receiving or having custody
of any such fine or forfeiture of bail, either before or
after a deposit in the general fund, to comply with the
provisions of BMC 10.04.050 shall constitute miscon-
duct in office and shall be grounds for removal there-
from, provided appropriate removal action is taken
pursuant to state law relating to removal of public offi-
cials. (Ord. 3614 §6, 1981)
10.04.070 PENALTIES.
Unless another penalty is expressly provided by law
in the MTO or in the statutes that are adopted by refer-
ence therein, any person who is convicted of violating or
failing to comply with any of the provisions of this chap-
ter shall be guilty of a misdemeanor and subject to the
(Revised 9/11)10.04-2
provisions of BMC Chapter 1.12. (Ord. 4733, Reaf-
firmed, 11/30/2000; Ord. 4680, Amended, 12/17/1999;
Ord. 3614 §4, 1981)
10.10-1 (Revised 9/11)
Chapter 10.10
RESTRICTED PARKING ZONES
Sections:
10.10.010 PURPOSE.
10.10.020 DEFINITIONS.
10.10.030 RESTRICTED PARKING
ZONES.
10.10.040 PARKING ADMINISTRATION.
10.10.050 RESTRICTED PARKING ZONE
DESIGNATION - PROCESS.
10.10.060 RESTRICTED PARKING ZONE
PETITIONS IN NON-
HISTORICALLY IMPACTED
AREAS.
10.10.070 RESTRICTED PARKING ZONE
PETITIONS IN HISTORICALLY
IMPACTED AREAS.
10.10.080 ELIGIBILITY CRITERIA FOR
PERMIT.
10.10.090 PERMIT - ISSUANCE -
DISPLAY.
10.10.100 PERMIT - RENEWAL -
DURATION.
10.10.110 PERMIT - VISITOR.
10.10.120 PERMIT - LANDLORD.
10.10.130 SERVICE VEHICLES.
10.10.140 PARKING FOR DISABLED
PERSONS.
10.10.150 DRIVEWAYS -
DECOMMISSIONING AND
RECOMMISSIONING.
10.10.010 PURPOSE.
This chapter is intended to mitigate the impact of
commuter parking in impacted areas, to preserve the
character of residential districts, to improve handi-
capped access and reduce traffic. Residential parking
permits are established as an exemption to posted
restrictions in restricted parking zones where neighbor-
hoods have been impacted by commuter parking and are
meant to ease parking congestion. (Ord. 4865 §3 (in
part), 2003)
10.10.020 DEFINITIONS.
For the purpose of this chapter, the words and
phrases set forth in this section are defined as follows:
(a) "Block" means the area comprised of proper-
ties along each side of a street between two (2) intersec-
tions. [See Appendix Figure 020.]
(b) "Commuter vehicle" means a motor vehicle
parked in a residential area by a person not a resident
thereof.
(c) "Department" means the Department of Public
Works and Utilities, or designee.
(d) "Director" means the Director of Public Works
and Utilities, or designee.
(e) “Downtown core” means that area in down-
town Bremerton from and including Park Avenue east to
the waterfront and from and including 6th Street south
to the waterfront and the Puget Sound Naval Shipyard.
(f) "Downtown no repark zone" means the down-
town core where on-street parking is restricted to one
(1), two (2), or three (3) hours as posted.
(g) "Historically impacted areas" are those areas
within the City that have been identified by the City
Council as having traditionally suffered severe parking
shortages due to commuter parking.
(h) "One (1) hour parking zone" means a pre-
scribed area where on-street parking is limited to one (1)
hour, except for the residents of the prescribed vicinity,
their visitors holding a permit, and clearly marked deliv-
ery and service vehicles.
(i) "Parking generator" means anything that sig-
nificantly increases commuter parking demand. Exam-
ples include, but are not limited to: ferry terminals,
schools, hospitals, business districts, and the Puget
Sound Naval Shipyard.
(j) "Passenger load only zone" means a parking
space reserved for passenger loading only. These spaces
will be marked with the time restriction applicable to
them.
(k) "Peak parking hours" means those hours in a
day where a particular vicinity experiences the greatest
demand for parking.
(l) "Resident," as used in this chapter, refers to an
individual living in a dwelling unit or a business owner
operating a business on property owned or leased by the
business owner.
(m) "Resident vehicle" means a motor vehicle
parked in a prescribed residential area by a resident of
the area.
(n) "Residential area" means a contiguous area
containing public streets and highways or parts thereof
primarily abutted by residential property or residential
and nonbusiness property.
(o) "Permit only zone" means a prescribed area
where on-street parking is reserved for the exclusive use
of the permit holders in the prescribed vicinity, their vis-
itors holding a permit, and clearly marked delivery and
service vehicles.
(p) "Restricted parking permit" means a permit
issued by the City that exempts the permit holder, when
displayed properly, from the parking restrictions in
effect in the permit holder's restricted parking permit
area.
(q) "Restricted parking permit area" or "residential
parking permit area" means an area designated as pro-
vided in this chapter wherein resident vehicles display-
(Revised 9/11)10.10-2
ing a valid permit as described in this chapter shall be
exempt from posted parking restrictions.
(r) "Restricted parking zone" means an area of the
City subject to one of the restrictions contained in this
chapter.
(s) "Three (3) hour parking zone" means a pre-
scribed area within the downtown core where on-street
parking is limited to three (3) hours.
(t) "Two (2) hour parking zone" means a pre-
scribed area where on-street parking is limited to two (2)
hours, except for the residents of the prescribed vicinity,
their visitors holding a permit, and clearly marked deliv-
ery and service vehicles.
(u) "Visitor vehicle" means a motor vehicle parked
by a person who is visiting a resident within a restricted
parking permit area. (Ord. 5122 §1, 2010: Ord. 4865 §3
(in part), 2003)
10.10.030 RESTRICTED PARKING ZONES.
The Director shall, in a manner consistent with this
chapter, establish, locate and post one (1) hour parking
zones, two (2) hour parking zones, three (3) hour park-
ing zones and other restricted parking zones and parking
restrictions within the City rights-of-way where
required to regulate parking. (Ord. 5122 §2, 2010: Ord.
4865 §3 (in part), 2003)
10.10.040 PARKING ADMINISTRATION.
Collection of parking fees, maintenance of parking
meters or other collection devices, and the issuance of
parking permits shall be administered by the Depart-
ment of Administrative Services, which shall promul-
gate procedures to administer permits as authorized in
this chapter, including processes for establishing proof
of residency; vehicle ownership, use or control; and for
the revocation of permits for misuse. Appropriate park-
ing fee schedules and permit fees shall be set by the City
Council and are set forth in Chapter 3.01 BMC. Fees
may be collected by the use of parking meters, pay
boxes or other devices and through the issuance of park-
ing permits authorized by this title. (Ord. 4865 §3 (in
part), 2003)
10.10.050 RESTRICTED PARKING ZONE
DESIGNATION - PROCESS.
(a) Creation, deletion or boundary changes of
restricted parking zones may be initiated either:
(1) By a verified petition of the residents as
provided for in BMC 10.10.060 or 10.10.070; or
(2) By the decision of the Director following
a finding that the change is in the best interest of the
community and will improve the health, safety or wel-
fare of the community; or
(3) By resolution of the City Council.
(b) Right to Appeal. The right to appeal a creation,
deletion or boundary change exists only when such cre-
ation, deletion or boundary change was completed
under subsections (a)(1) or (a)(2) of this section when
the change is to a Two (2) Hour Parking Zone, One (1)
Hour Parking Zone or a Permit Only Zone. If such cre-
ation, deletion or boundary change is subject to appeal,
the City Clerk shall post notice in the particular residen-
tial area advising the residents of the future location and
boundaries of the residential parking area and of the
right to appeal the designation within ten (10) days. A
timely appeal to the Hearing Examiner, filed with the
City Clerk, by a resident or business owner within the
designated permit area will stay the action until the
Hearing Examiner’s review and decision in accordance
with Chapter 2.13 BMC. The Hearing Examiner shall be
authorized to deny the creation, deletion or boundary
change if he/she determines that significant errors were
made in the process that created a substantial likelihood
that the creation, deletion or boundary change would
have failed had proper procedures been followed or if
he/she determines that the creation, deletion or bound-
ary change is not in the best interest of the community.
The change shall be enforceable following the expira-
tion of the appeal period or at such time as any appeal
filed is denied. Until such time, the parking restriction
previously in place, if any, shall continue.
(c) Posting.
(1) If the creation, deletion or boundary
change is subject to appeal under section (b) of this sec-
tion, the creation, deletion or boundary change shall
become effective at such time as notice is posted in the
affected area of the location and boundaries of the
restricted parking area, and either:
(i) The ten (10) day appeal period has
expired without an appeal being filed; or
(ii) At such time as a decision of the
Hearing Examiner is issued on an appeal filed under
subsection (b) of this section.
(2) If the creation, deletion or boundary
change is not subject to appeal under subsection (b) of
this section, the creation, deletion or boundary change
shall become effective upon posting notice in the partic-
ular residential area of the location and boundaries of
the residential parking area. (Ord. 4865 §3 (in part),
2003)
10.10.060 RESTRICTED PARKING ZONE
PETITIONS IN NON-
HISTORICALLY IMPACTED
AREAS.
Residents may seek to create, delete or change the
boundary of a restricted parking area by petitioning in
accordance with the process delineated in this section.
The process and prerequisites for such modification
10.10-2.1 (Revised 9/11)
depend on the type of restriction being sought (Two (2)
Hour Zone, One (1) Hour Zone, or Resident Only Zone).
Residents may not seek to create, delete or change the
10.10-5 (Revised 9/11)
section has the same force and effect as a notice of
infraction issued by police officers and parking enforce-
ment officers for a violation of the City’s disabled park-
ing regulations.
(f) Special Plate, Card or Decal Issued by Another
Jurisdiction. RCW 46.61.583 is hereby adopted by ref-
erence. (Ord. 5114 §1, 2010: Ord. 4865 §3 (in part),
2003)
10.10.150 DRIVEWAYS -
DECOMMISSIONING AND
RECOMMISSIONING.
The provisions of this section authorize the decom-
missioning of driveways not formally abandoned pursu-
ant to City right-of-way standards in order to allow
street parking on parts of streets fronting the decommis-
sioned driveways and further provide for the recommis-
sioning of said driveways when appropriate.
(a) Decommissioning of Driveways. The owner of
the property upon which a driveway is located may
apply for a decommissioning of the driveway by the fil-
ing of a written request on a form and with the informa-
tion required by the Department and by the payment of
the required fee set forth in Rate Table G of the City of
Bremerton’s rate and fee schedule. Upon meeting these
conditions and a determination of the Director that the
driveway is no longer required and that the area of the
street fronting the driveway may be used for street park-
ing, the City will post the area of the street fronting the
decommissioned driveway as authorized for street park-
ing.
(b) Recommissioning of Driveways. The owner of
the property upon which a decommissioned driveway is
located may apply for a recommissioning of the drive-
way. The request shall be made by the filing of a written
request on a form and with the information required by
the Department and by the payment of the required fee
set forth in Rate Table G of the City of Bremerton’s rate
and fee schedule. Upon meeting these conditions and a
determination of the Director that the driveway may be
recommissioned, the City will remove the street signs
which authorized parking on the area of the street front-
ing the decommissioned driveway.
(c) The City may, at any time, remove the street
signs which authorized parking on the area of the street
fronting the decommissioned driveway and prohibit
such parking due to public safety or other related rea-
sons. (Ord. 5135 §1, 2011)
10.11-1 (Revised 9/11)
Chapter 10.11
PARKING ENFORCEMENT
Sections:
10.11.005 DEFINITIONS.
10.11.010 PARKING VIOLATIONS.
10.11.020 ENFORCEMENT
PROCEDURES.
10.11.030 PENALTIES.
10.11.040 FAILURE TO APPEAR.
10.11.050 NUISANCE DECLARED -
APPEAL.
10.11.060 VEHICLE IMPOUND.
10.11.070 COSTS OF IMPOUND.
10.11.080 ENFORCEMENT - EXEMPT
PERIODS.
10.11.005 DEFINITIONS.
The definitions set forth in BMC 10.10.020 shall
apply to this chapter. In addition, the following defini-
tions are applicable in this chapter unless the context
otherwise requires:
(a) "Director" means Director of Public Works or
other department director authorized by the Mayor to
enforce this chapter, or their designee.
(b) "Right-of-way" or "street" means any high-
way, avenue, lane, road, drive, place, boulevard, alley,
right-of-way, way, sidewalk, planting or parking strip,
shoulder and every way or place in the City of Bremer-
ton open as a matter of right to public vehicular travel or
parking or other similar public use.
(c) "Recreational vehicle" means a travel trailer,
motor home, truck camper, or camping trailer that is pri-
marily designed and used as temporary living quarters,
is either self-propelled or mounted on or drawn by
another vehicle, is transient and is not immobilized or
permanently affixed to a mobile home lot.
(d) "Vehicle" means truck, vehicle, van, tractor,
bus, trailer (including boat trailer with or without a boat
situated thereon), recreational vehicle, tractor or semi-
trailer, motorcycle, dune buggy, off-road vehicle, or
marine vehicle (trailered or nontrailered), whether
licensed or unlicensed, or motorized or nonmotorized,
unless otherwise defined. (Ord. 5138 §2 (part), 2011:
Ord. 5122 §3, 2010: Ord. 4898 §3, 2004)
10.11.010 PARKING VIOLATIONS.
In addition to those statutes set forth in the Model
Traffic Ordinance as adopted in BMC 10.04.010
restricting standing, stopping and parking of vehicles, it
shall be unlawful and punishable as a civil infraction for
any person to commit any of the following actions:
(a) Parking in Time Limit and No Repark Zones.
(1) Downtown Core. Where a time limit and
no reparking is established by official signs, no vehicle
may be reparked on either side of the same named street
(i.e., Pacific Avenue or 5th Street) in the downtown core
during the same calendar day after the expiration of the
posted time limit. For purposes of this section, a vehicle
shall be deemed to be reparked and in violation of this
section even if the vehicle is moved prior to the expira-
tion of the posted time limit and is reparked on either
side of the same named street.
(2) Residential. Where posted, it is unlawful
for a vehicle to remain parked, or to be reparked within
four (4) blocks of the original parking location within a
residential parking permit area, if the parking time or
combined parking time for the vehicle exceeds the time
limitations of the parking zone. Vehicles issued permits
under Chapter 10.10 BMC shall be exempt from posted
time limits according to the terms of the permit.
(b) Counterfeit Permits. It is unlawful for any per-
son to copy, reproduce, or otherwise counterfeit a park-
ing permit or to possess any counterfeit copy or
facsimile of a City parking permit.
(c) Unauthorized Use of Permit. It is unlawful for
any person issued a parking permit by the City to:
(1) Lend, sell or assign said permit to another;
(2) Display any permit issued to another; or
(3) Display any permit issued when the recip-
ient of the permit is no longer eligible pursuant to Chap-
ter 10.10 BMC.
(d) Counterfeit Tokens, Permits or Script. It is
unlawful to manufacture, use or possess any counterfeit
of an official token, parking permit or script distributed
by the City for use in any fee collection device.
(e) Tampering with Parking Meters or Collection
Devices. No person shall deface, injure, tamper with,
open, or willfully break, destroy, or impair the useful-
ness of any parking meter or collection device.
(f) Unauthorized Disabled Parking. It is a traffic
infraction for any person to park a vehicle in a public
place provided on private property without charge or on
public property reserved for physically disabled persons
without a placard or special license plate as provided for
in BMC 10.10.140 and RCW 46.16.381. If a person is
charged with a violation, the person shall not be deter-
mined to have committed an infraction if the person pro-
duces in court or before the court appearance the placard
or special license plate required under this section.
Additionally, it is a traffic infraction pursuant to subsec-
tion (a) of this section for any vehicle displaying the
placard or special license plate as provided for in BMC
10.10.140 and RCW 46.16.381 to violate any time
restrictions imposed on nonmetered, on-street parking
places reserved for persons with physical disabilities as
well as nonreserved, on-street parking spaces.
(Revised 9/11)10.11-2
(g) Expired Registration. It is unlawful to park any
vehicle in a public right-of-way or on public property
without a current vehicle license registration tab dis-
played according to law.
(h) Unlawful Parking in City Lot. In addition to
other enforcement remedies, it is unlawful to park any
vehicle in a City-owned parking lot or structure without
paying the posted fee or parking in excess of posted time
limits or in violation of use restrictions.
(i) Obliterating Tire Markings. It is unlawful to
conceal, obliterate, or erase markings on vehicle tires
made by a parking enforcement officer for the purpose
of recording parking time.
(j) False Application. It is unlawful for any person
to intentionally provide false or misleading information
on any application for a parking permit.
(k) Failure to Surrender Permit. The Director is
authorized to revoke the residential parking permit of
any person found to be in violation of its intended use.
Upon written notification of permit revocation by the
Director, it shall be unlawful for any person to fail to
surrender a parking permit as directed.
(l) Parking or Storage of Vehicles within Right-
of-Way. Except when otherwise provided by right-of-
way use permit or other appropriate City or State permit,
the parking or storage of vehicles shall be subject to the
following parking restrictions:
(1) Time Restriction. Parking or storage of
any vehicle in excess of seventy-two (72) consecutive
hours in a public right-of-way shall be unlawful. During
continued consecutive hours of parking, after the initial
seventy-two (72) hour period, relocation of the vehicle
within five hundred (500) feet, and still within a public
right-of-way, shall be considered to be the same location
within the right-of-way for purposes of calculating the
seventy-two (72) hour parking restriction.
(2) Oversized Vehicles - Additional Restric-
tions. The City Council finds that the parking and stor-
age of vehicles exceeding twenty-two (22) feet in length
(including any attached trailer) or with a maximum
gross vehicle weight exceeding ten thousand (10,000)
pounds ("oversized vehicles") presents unacceptable
risks and hazards to public health, safety and welfare
when such vehicles are parked or stored on City streets
at times when such vehicles are not engaged in business
or commercial activity. Because of these risks and haz-
ards to public health, safety and welfare, the City Coun-
cil further finds that the parking and storage of such
vehicles on City streets should be minimized. Therefore,
in addition to the restrictions set forth in subsection
(l)(1) of this section, no oversized vehicle may repark in
a previously parked location in excess of one hundred
twenty (120) hours within any consecutive thirty (30)
day period. Relocation of any oversized vehicle within
five hundred (500) feet and still within a public right-of-
way shall be considered a previously parked location
within the right-of-way.
(m) Parking Against Traffic. Except when other-
wise provided by City Code, ordinance or resolution, it
shall be unlawful for any vehicle to stop or park upon a
right of way unless:
(1) Stopped or parked parallel (or at an angle
when authorized) to the traveled portion of the right-of-
way;
(2) In the direction of authorized traffic move-
ment of the right-of-way immediately adjacent thereto;
and
(3) Within twelve (12) inches of the curb or as
close as practicable to the edge of the shoulder.
In the event of a conflict between the provisions of
this subsection and RCW 46.61.575 adopted as part of
the Washington Model Traffic Ordinance pursuant to
Chapter 10.04 BMC, the provisions of this subsection
shall apply.
(n) Parking Fee - Nonpayment. It is unlawful to
park a vehicle in any parking space monitored by a park-
ing fee collection device, including parking meters,
without payment as indicated on the collection device.
(o) Parking Fee - Time Permitted. It is unlawful to
park a vehicle in any parking space monitored by a col-
lection device, including parking meters, for a consecu-
tive period of time longer than that limited period of
time for which parking is lawfully permitted in the time
zone, irrespective of the amount of money deposited in
such collection device. (Ord. 5138 §2 (part), 2011: Ord.
5122 §4, 2010; Ord. 5114 §2, 2010; Ord. 4898 §4, 2004;
Ord. 4865 §4, 2003; Ord. 4703, Amended, 05/25/2000;
Ord. 4667, Amended, 10/28/1999; Ord. 4543,
Amended, 03/14/1996; Ord. 4425 §1, 1993; Ord. 4362
§1, 1992; Ord. 4271 §4, 1990; Ord. 4260 §4, 1990; Ord.
4211 §6 (in part), 1989)
10.11.020 ENFORCEMENT PROCEDURES.
(a) The parking regulations set forth in this chapter
and Chapter 10.04 BMC shall be enforced by the City’s
police officers and the City’s parking enforcement offic-
ers.
(b) If any vehicle is found parked, standing, or
stopped in violation of this title, or otherwise violates
the provisions of this title, the officer finding the vehicle
shall take its license number and may take any other
information displayed on the vehicle which may iden-
tify its user and shall conspicuously affix to the vehicle
a notice of parking infraction. A notice of parking
infraction represents a determination that a parking
infraction has been committed.
(c) In any parking violation case involving an
infraction relating to the stopping, standing, or parking
of a vehicle, proof that the particular vehicle described
in the notice of parking infraction was stopping, stand-
10.11-3 (Revised 9/11)
ing, or parking in violation of any provision of this title,
together with proof of registered ownership of the vehi-
cle at the time of the violation, shall constitute in evi-
dence a prima facie presumption that the registered
owner of the vehicle was the person who parked or
placed the vehicle at the point where, and for the time
during which, the violation occurred, provided the pro-
cedure for issuing a parking violation set forth herein
has been followed. (Ord. 5138 §2 (part), 2011: Ord.
4211 §6 (in part), 1989)
10.11.030 PENALTIES.
Unless specifically set forth elsewhere in this title,
the penalties for each parking violation of the provisions
of this chapter and Chapter 10.04 BMC, defined as an
infraction, shall be pursuant to Chapter 3.01 BMC. (Ord.
5138 §2 (part), 2011: Ord. 4730, Reaffirmed,
11/30/2000; Ord. 4677, Amended, 12/11/1999; Ord.
4542, Amended, 02/08/1996; Ord. 4425 §2, 1993; Ord.
4339 §1, 1991; Ord. 4211 §6 (part), 1989)
10.11.040 FAILURE TO APPEAR.
Any person who has been issued a notice of infrac-
tion relating to parking pursuant to BMC 10.11.020(b)
and who fails to respond as provided in RCW 46.63.110,
as adopted by the Model Traffic Ordinance pursuant to
Chapter 10.04 BMC, shall pay an additional penalty of
twenty-five dollars ($25.00), regardless of the disposi-
tion of the notice of infraction. This enhanced penalty
shall be in addition to a misdemeanor citation which
may be issued for failure to respond to notice of infrac-
tion. (Ord. 5138 §2 (part), 2011: Ord. 4271 §1, 1990;
Ord. 4211 §6 (in part), 1989)
10.11.050 NUISANCE DECLARED - APPEAL.
(a) In addition to the enforcement provisions of
BMC 10.11.040, if any person fails to respond to three
or more outstanding infractions for parking a vehicle in
violation of this title, the City Attorney may mail a dec-
laration of vehicle nuisance to the registered and legal
owners of said vehicle as shown by the records of the
Washington State Department of Licensing informing
them that the cited vehicle shall be declared a nuisance
and subject to immediate impound or immobilization
unless, within ten (10) days, either the owner (1) pays
the underlying infractions or (2) appeals the declaration
of vehicle nuisance.
(b) Appeal of the declaration of nuisance vehicle
will be heard by the Hearing Examiner pursuant to
Chapter 2.62 BMC. Failure to appear at the scheduled
hearing will be deemed a waiver of any rights to contest
the declaration.
At the hearing, the owner shall have the burden of
showing the registered owner did not fail to respond to
three or more outstanding infractions for parking. (Ord.
5138 §2 (part), 2011: Ord. 4547, Amended, 03/28/1996;
Ord. 4326 §1, 1991; Ord. 4297 §5, 1990; Ord. 4271 §2,
1990; Ord. 4211 §6 (in part), 1989)
10.11.060 VEHICLE IMPOUND.
If the registered or legal owner fails to respond
under BMC 10.11.050 to a Declaration of Vehicle Nui-
sance, the City Police Department may impound or
immobilize said vehicle. If impounded or immobilized,
the vehicle shall not be released until (1) the Police
Department or towing company receives a receipt or
other notice from the Court showing that all infractions
and crimes relating to standing, stopping or parking the
vehicle have been paid or otherwise resolved, or (2) the
owner posts bail with the department in an amount set
by the Municipal Court. (Ord. 5138 §2 (part), 2011:
Ord. 4297 §6, 1990; Ord. 4271 §3, 1990; Ord. 4211 §6
(in part), 1989)
10.11.070 COSTS OF IMPOUND.
The registered owner shall be responsible for all
towing and storage costs relating to impounds of a nui-
sance vehicle. If the vehicle is immobilized pursuant to
this chapter, the Police Department shall affix to said
vehicle a notice setting forth procedures for release and
directing, that in addition to the payment of fines or
posting bail, the owner shall pay an administrative
immobilization fee of fifty dollars ($50.00) before the
vehicle may be released. (Ord. 5138 §2 (part), 2011:
Ord. 4211 §6 (in part), 1989)
10.11.080 ENFORCEMENT - EXEMPT
PERIODS.
Restrictions on parking, as set forth in this chapter,
shall not be effective on City holidays set forth in BMC
1.02.020 or such additional days specifically exempted
by Council resolution.
Enforcement in the commercial parking zones and
two (2) hour residential parking zones shall be at times
posted. (Ord. 5138 §2 (part), 2011: Ord. 4426 §1, 1993;
Ord. 4297 §1, 1990; Ord. 4260 §2 (in part), 1990; Ord.
3723 §2, 1982)
11.12-3 (Revised 9/11)
the City Engineer. The City Engineer may require the
traffic study to include any elements determined neces-
sary in order to evaluate the nature and extent of appro-
priate mitigation measures. The report shall contain
quantification of existing traffic, including existing LOS
circulation, and parking plus that for the site after the
proposed project is constructed. The analysis shall con-
sider traffic impacts during the peak period. If the devel-
opment generates significant traffic volumes outside the
peak period of the adjacent road system, the City Engi-
neer will determine the appropriate time interval of the
analysis. The report shall also propose means to mitigate
the impacts of the project in accordance with BMC
11.12.070. The traffic impact analysis shall be prepared
by a Washington Registered Professional Engineer who
is qualified in traffic engineering. (Ord. 4856 §5 (in
part), 2003)
11.12.070 TRAFFIC IMPACT MITIGATION.
(a) The City Engineer shall impose conditions
necessary to mitigate all impacts of traffic, circulation
and parking resulting from a project. For segments,
intersections or other portions of the street system for
which a level of service (LOS) standard has been
adopted within the current comprehensive plan of the
city, mitigation measures shall be sufficient, in the esti-
mation of the City Engineer, to assure that such seg-
ments, intersections or other portions of the street
system continue to meet or exceed the adopted LOS
standards after full project occupancy and operation.
For segments, intersections or other portions of the
street system for where the present LOS is below the
standard that has been adopted in the current compre-
hensive plan, the mitigation measure shall be sufficient
in the estimation of the City Engineer to maintain or
exceed the present LOS. Mitigation measures may
include, but are not limited to, channelization; intersec-
tion modifications; signal installation, modification, or
replacement; installation of acceleration/deceleration
lanes; turn lanes and medians.
(b) Required traffic mitigations related to LOS
standard shall not require that an applicant mitigate por-
tions of traffic not attributable to the project.
(c) The City Engineer may require the applicant to
participate in the funding of mitigation measures
required as a result of traffic impacts associated with
development on the property in lieu of construction of
the improvements if the City Engineer determines that
the delay in construction will not adversely impact the
City Transportation System, and the best interests of the
public would be better served by the delay. (Ord. 4856
§5 (in part), 2003)
11.12.080 DESIGN AND CONSTRUCTION
ENGINEERING STANDARDS AND
DEVIATIONS.
(a) All projects shall be designed and constructed
in accordance with the current City of Bremerton
Design and Construction Standards (also referred to as
the engineering standards) as on file with the Depart-
ment of Public Works and Utilities. The engineering
standards shall also apply wherever any public work is
performed within the City of Bremerton. City capital
improvement projects, maintenance projects, utility
projects and other projects performed by or on behalf of
City employees shall meet all standards outlined in this
document, except for otherwise approved deviations.
These standards are not intended to apply to "resurfac-
ing, restoration, and rehabilitation projects" as those
terms are defined in the most current Local Agency
Guidelines, Washington Department of Transportation
(WSDOT). Except where the engineering standards or
the provisions of this chapter provide otherwise, all
design, construction, and materials shall conform to the
most current of the following publications:
(1) WSDOT/APWA Standard Specifications
for Road, Bridge, and Municipal Construction, hereinaf-
ter referred to as the "WSDOT/APWA Standard Speci-
fications";
(2) WSDOT/APWA Standard Plans for Road,
Bridge, and Municipal Construction, hereinafter
referred to as the "WSDOT/APWA Standard Plans";
and
(3) A Policy on Geometric Design of High-
ways and Streets, AASHTO; "Manual on Uniform Traf-
fic Control Devices," FHWA.
(b) An applicant may request a deviation from an
engineering standard. Requests for deviation shall be
made by the applicant in writing and shall include the
specific standard from which deviation is requested, an
engineering report, calculations, or other technical doc-
umentation that provides a basis for the deviation. The
deviation may only be granted if the applicant demon-
strates with clear and convincing evidence, that:
(1) The deviation is required due to geotech-
nical, topographical, or other physical constraints that
are beyond the control of the applicant.
(2) The unavailability of specified materials
and the substitute materials will equal or exceed the per-
formance criteria of the specified materials.
(3) The public safety and welfare will not be
adversely impacted by the deviation.
(4) The deviation with not detract from the
intent and purpose of this chapter or the engineering
standards.
(5) The other requirements of BMC
11.12.030(f) are met. (Ord. 4856 §5 (in part), 2003)
(Revised 9/11)11.12-4
11.12.090 DEDICATION OF RIGHT-OF-
WAY.
The City may require the dedication of right-of-way
in order to incorporate transportation improvements that
are reasonably necessary to mitigate the direct impacts
of the development. The property owner may be
required to dedicate right-of-way to accommodate:
(a) Motorized and nonmotorized transportation,
landscaping, utility, street lighting, traffic control
devices, and buffer requirements; and
(b) Street frontage improvements where the exist-
ing right-of-way is not adequate to meet current right-
of-way width requirements; and
(c) The extension of existing or future public street
improvements.
(d) Other transportation facilities deemed neces-
sary by the Director of Public Works and Utilities in
order to mitigate the impacts identified in the develop-
ment. (Ord. 4856 §5 (in part), 2003)
11.12.100 EASEMENTS.
(a) The City may require the dedication of such
easements as are necessary to provide all necessary pub-
lic services, utility services, and motorized and nonmo-
torized circulation corridors in and through the
development, consistent with the provisions of the com-
prehensive plan and other adopted City plans. Ease-
ments may include, but are not limited to uses for
private streets, sidewalks, street lighting, traffic control
devices, temporary construction, and pathways. Design
features of a street may necessitate the granting of slope,
wall, and drainage easements.
(b) Nonmotorized easements may be required
where necessary to facilitate pedestrian circulation
between neighborhoods, schools, shopping centers and
other activity centers even if the facility is not specifi-
cally shown on the City’s comprehensive plan.
(c) Nonmotorized easements shall be wide enough
to include the trail width and a minimum clear distance
of two (2) feet on each side of the trail. Easement width
may vary according to site-specific design issues such as
topography, buffering, and landscaping.
(d) Nonmotorized easements shall be designated
"City of Bremerton Nonmotorized Public Easement"
and easement documents shall specify maintenance
responsibilities. (Ord. 4856 §5 (in part), 2003)
11.12.110 STREET FRONTAGE
IMPROVEMENTS.
(a) The installation of street frontage improve-
ments in accordance with the engineering standards is
required prior to issuance of development and building
permits for all new development and redevelopment for
all land use types, unless one (1) or more of the follow-
ing exceptions are met:
(1) The property is undergoing redevelop-
ment, is zoned as single-family residential, has one (1)
single-family residence, and has less than two hundred
(200) feet of total frontage;
(2) Adjacent street frontage improvements are
unlikely to be installed in the foreseeable future as deter-
mined by the Director; or
(3) The installation of the required improve-
ment would cause significant adverse environmental
impacts.
(b) Complete street frontage improvements shall
be installed along the entire street frontage of the prop-
erty at the sole cost of the applicant as directed by the
Director. Street frontage improvements may include
curb, gutter, sidewalk, storm drainage, street lighting,
traffic signal equipment, utility installation or reloca-
tion, landscaping strip, trail, street trees and landscap-
ing, irrigation, street widening, turn pockets, and
channelization or other improvements deemed neces-
sary by the Director to mitigate the impacts of the devel-
opment. Specific improvements will vary on a site-by-
site basis and shall be determined by the Director.
Beyond the property frontage, the applicant shall pro-
vide ramps from the new sidewalk or walkway to the
existing shoulder, and pavement and channelization
tapering back to the existing pavement and channeliza-
tion as needed for safety and in accordance with
accepted engineering practice.
(c) When, due to site topography, City plans for
improvement projects, or other similar reasons, the City
Engineer determines that street frontage improvements
cannot or should not be constructed at the time of build-
ing construction, the Director may, in his/her discretion,
allow the applicant to pay to the City an amount equal to
the property owner’s cost of installing the required
improvements. Payment shall be made prior to issuance
of a building permit. The property owner shall provide
documentation satisfactory to the City of materials
costs, quantities, and labor costs; or, in the Director’s
discretion, record an agreement binding to the property,
which provides for these improvements to be installed
and paid for by the property owner by a date acceptable
to the City; and record an agreement binding to the prop-
erty to not protest a Local Improvement District to
improve the street frontage. (Ord. 4856 §5 (in part),
2003)
11.12.120 LANDSCAPING IN RIGHTS-OF-
WAY, EASEMENTS AND ACCESS
TRACTS.
(a) Preservation of existing street trees and land-
scaping may be required along City streets as a condi-
tion of permit approval.
(b) For any development wherever it is necessary
to remove or relocate street vegetation in connection
11.12-5 (Revised 9/11)
with the widening of the street or highway, the paving of
a sidewalk, or the installation of ingress or egress, the
property owner shall replant such vegetation in size and
kind or replace them according to engineering stan-
dards, as determined by the City Engineer, and BMC
13.10.080.
(c) Any existing landscaping in the right-of-way
not included in the development plans that is disturbed
by construction activity on private property shall be
replaced or restored to its original condition by the prop-
erty owner.
(d) Landscaping and other improvements within
the right-of-way are subject to removal at the request of
the City when the right-of-way is needed for public use.
(e) Street Tree and Landscaping Installation
Requirement.
(1) Street landscape installation or improve-
ment is required when applicable projects are to be
undertaken along major arterials and other streets as
identified in the Comprehensive Plan and in accordance
with the engineering standards.
(2) Ground cover shall be provided for site
frontage right-of-way with a potential for erosion.
(f) Species Selection. Selection of tree species
shall comply with the engineering standards, Chapter
13.10 BMC, and the Comprehensive Plan.
(g) Maintenance of plant materials shall be in
accordance with Chapters 6.08 and 13.10 BMC. (Ord.
5154 §2, 2011: Ord. 4856 §5 (in part), 2003)
11.12.130 PRIVATE STREETS.
Private streets will be allowed only when the com-
prehensive plan does not designate the area will be
served by a public street, and the following criteria are
met:
(a) The street design and construction is in con-
formance with engineering standards; and
(b) A covenant which provides for maintenance
and repair of the private street by property owners has
been approved by the City and recorded with Kitsap
County; and
(c) The covenant includes a condition that the pri-
vate street will remain open at all times for emergency
and public service vehicles; and
(d) The private street would not hinder public
street circulation; and
(e) At least one (1) of the following conditions
exists:
(1) The street would ultimately serve four (4)
or fewer lots; or
(2) The street would ultimately serve more
than four (4) lots, and the City Engineer and the Fire
Chief determine that no other access is available. In
addition, the proposed private street would be adequate
for transportation and fire access needs, and the private
street would be compatible with the surrounding neigh-
borhood character; or the private street would be part of
a Planned Unit Development; or the private street would
serve commercial or industrial facilities where no circu-
lation continuity is necessary as determined by the City.
(Ord. 4856 §5 (in part), 2003)
11.12.140 ACCEPTANCE OF PRIVATE
STREETS AS DEDICATED PUBLIC
STREETS.
Acceptance of private streets as dedicated public
streets will be considered if the street meets all City
street design and construction standards for public
streets at the time the dedication is requested. Consider-
ation of acceptance is also subject to the requirements of
other City of Bremerton departments. Final acceptance
is subject to City Council approval. The following crite-
ria will be evaluated:
(a) Acceptability of street and utility construction.
Pavement condition shall be brought up to the standards
of new construction and the observable condition index
is ninety (90) or greater as determined by the City Engi-
neer.
(b) Condition of title.
(c) Survey requirements for monumentation and
conveyance.
(d) The need for additional right-of-way and ease-
ments.
(e) The benefit to the public of accepting the ded-
ication.
(f) Cost of accepting the street, including future
maintenance costs. (Ord. 4856 §5 (in part), 2003)
11.12.150 DRIVEWAYS.
(a) Driveways and parking areas shall be designed
such that vehicles attempting to enter the driveway or
parking area will not impede vehicles in the travel lane
of the public street.
(b) Whenever possible, access for commercial and
multifamily property shall be provided onto streets that
do not abut single-family residential land uses.
(c) Combined driveways for adjoining properties
are encouraged. In conjunction with approval of a devel-
opment, the City may require the applicant to provide an
access and circulation easement to an abutting owner
where joint access is reasonable to serve future develop-
ment.
(d) The installation of driveways onto arterials
may be denied if alternate access is available. Owners
applying for development permits on State routes and
principal arterials shall demonstrate that they have made
efforts to reduce the number of driveways along their
frontage through formation of private shared easements
or other means as a result of their projects.
(Revised 9/11)11.12-6
(e) The continued use of pre-existing driveways
must meet all requirements of this section with the
development of a site.
(f) All abandoned driveways on the street frontage
to be improved shall be removed and new curb, gutter
and sidewalk shall be installed.
(g) Driveway approach grade and configuration
shall accommodate planned future street widening in
accordance with the comprehensive plan to prevent the
need for major driveway reconstruction.
(h) No commercial driveway will be approved
where backing onto the sidewalk or street will occur.
(i) The City may restrict left turns to and from a
driveway, either at the time of development or in the
future, without compensating the property owner for
any resulting impacts as a result of such restriction.
(j) Unless there exists no other access to the prop-
erty in question, the City will not permit any driveway
to be located any closer than one hundred (100) feet
from any other driveway, measured from nearest edge to
nearest edge. If there exists no other access to the prop-
erty in question, driveways shall be located as far apart
as reasonably possible.
(k) Unless there exists no other access to the prop-
erty in question, the City will not permit any driveway
to be located any closer than one hundred fifty (150) feet
from the nearest cross street, measured from nearest
edge to nearest edge. If there exists no other access to
the property, the driveway shall be located as far away
from the cross street as possible. Access onto State high-
ways shall conform to Chapter 468-52 WAC.
(l) The City shall not permit more than one (1)
driveway or street opening on any property having a
street frontage on principal arterials of two hundred
(200) feet or less.
(m) On streets other than principal arterials, the
City shall not permit more than one (1) driveway or
street opening on any property having a street frontage
of one hundred (100) feet or less.
(n) Driveways shall be located at least five (5) feet
from the property line.
(o) Driveways onto principal arterials, including
State routes, shall include deceleration lane, and accel-
eration lanes.
(p) Deviations from this section may be approved
at the discretion of the Director if:
(1) The modification is reasonable and neces-
sary for development of the property; and
(2) The modification will not create an unsafe
condition for motorists or pedestrians. (Ord. 4856 §5,
2003)
11.12.160 PRIVATE INTERSECTION
OPENING.
A private intersection opening may be required at
the discretion of the City Engineer in lieu of a conven-
tional driveway when the projected driveway traffic is
greater than one thousand (1,000) vehicles per day.
(a) A private intersection may include the follow-
ing elements:
(1) Traffic signalization;
(2) Easements;
(3) A minimum one hundred (100) foot stor-
age area turn pocket plus taper between the face of curb
and any turning or parking maneuvers within the devel-
opment;
(4) The opening is at least one hundred fifty
(150) feet from the near side face of curb of the nearest
intersecting street;
(5) The opening is at least one hundred (100)
feet from any other driveway on the property frontage
under the control of the property owner. (Ord. 4856 §5
(in part), 2003)
11.12.170 STREET ENDS.
(a) All dead-end public streets and private streets
shall be designed as a cul-de-sac, except as provided in
subsection (b) of this section.
(b) A "hammerhead" turnaround may be used in
lieu of a cul-de-sac if the street is less than two hundred
(200) feet long and serves six (6) or fewer lots. Such an
alternative design may be used if approved by the City
Engineer and the Fire Chief. (Ord. 4856 §5 (in part),
2003)
11.12.180 PARKING CIRCULATION.
Parking lot and circulation needs shall be met on
site. The public right-of-way shall not be used as part of
one-way parking lot flow, or other site circulation. (Ord.
4856 §5 (in part), 2003)
11.12.190 TRAFFIC SIGNALS.
(a) When a proposed street or driveway design
interferes with existing traffic signal facilities, traffic
signal modification or relocation must be provided and
paid for by the applicant.
(b) To mitigate the traffic impacts of a develop-
ment, modification of an existing signal or installation
of a new signal may be required to be provided and paid
for by the applicant as determined by the Director.
(c) All traffic signal design modifications shall be
prepared by a Washington Registered Professional
Engineer experienced in traffic signal design and
included in the traffic impact analysis report specified in
BMC 11.12.060. (Ord. 4856 §5 (in part), 2003)
13.10-1 (Revised 9/11)
Chapter 13.10
MUNICIPAL TREES
Sections:
13.10.010 PURPOSE.
13.10.020 DEFINITIONS.
13.10.030 RESPONSIBILITY FOR
MUNICIPAL TREES.
13.10.040 DAMAGE TO TREES AND
SHRUBS.
13.10.050 FASTENING MATERIALS TO
TREES OR SHRUBS.
13.10.060 PUBLIC UTILITIES.
13.10.070 MASTER URBAN TREE PLAN.
13.10.080 PLANTING, PRUNING,
REMOVAL, AND
MAINTENANCE STANDARDS.
13.10.090 NUISANCE ABATEMENT.
13.10.110 COST OF PLANTING,
REMOVING, MAINTAINING
AND PROTECTING TREES
AND SHRUBS.
13.10.010 PURPOSE.
It is the policy of the City of Bremerton, to regulate
and control planting, removal, maintenance and protec-
tion of trees and shrubs on public areas of the City to
eliminate and guard against dangerous conditions which
may result in injury to persons using public areas of the
City; to promote and enhance the beauty of the City; to
prevent damage to any overhead or underground utili-
ties, street, sidewalk or other public property; to protect
trees and shrubs located in public areas from undesirable
and unsafe planting, removal and maintenance prac-
tices; to guard all trees and shrubs on public areas
against the spread of disease and pests; and to increase
public awareness of tree benefits and proper planting
and maintenance practices through education.
The provisions of this ordinance shall apply to: 1)
all trees and shrubs presently or hereafter planted in or
upon any public area; and 2) all trees and shrubs planted
in or upon any private premises which directly affect
overhead and underground utilities, sidewalks, streets,
public property, or cause unsafe viewing distances.
(Ord. 4553, Repealed & Replaced, 06/20/1996)
13.10.020 DEFINITIONS.
(a) "Public area" shall include all public streets,
roads, boulevards, sidewalks, planter strips, city-owned
rights of way, parks, and the lands owned or leased by
the city which are accessible to the public but not includ-
ing municipal utility watershed or forest lands.
(b) "Municipal trees and/or shrubs" shall include
all woody vegetation presently or hereafter planted on
any public areas.
(c) "Maintenance" and "Protection" shall include
but not be limited to all operations of watering, pruning,
spraying, bracing, inspection and other actions neces-
sary to the health and aesthetics of the tree or shrub.
(d) "Hazardous tree or shrub" shall be defined as
any tree or shrub or part thereof growing on private or
public property which: obstructs or impairs the free and
full use of a public area, interferes with overhead or
underground utilities, is afflicted with or weakened by a
contagious or fatal disease, causes unsafe viewing dis-
tances, blocks or impedes usage of street or sidewalk, or
presents an imminent and foreseeable danger to persons
or property. (Ord. 4553, Repealed & Replaced,
06/20/1996)
13.10.030 RESPONSIBILITY FOR
MUNICIPAL TREES.
(a) Private property owners will be responsible for
the maintenance and liability of municipal trees adjacent
to their property that have been planted by the owner or
prior owners, or for which responsibility has been
assumed by the owner through a recorded agreement
with the City.
(b) Private property owners may prune or remove
municipal trees adjacent to their property after approval
is received from the city urban forester. If approval is
denied, the tree shall become the City’s responsibility
and shall be inventoried as such by the Parks and Recre-
ation Department.
(c) Property owners and/or occupants are respon-
sible for notifying Engineering in the case that a muni-
cipal tree or shrub adjacent to their property space is
creating a hazard, so that remedial actions can be taken.
(d) Private groups may arrange for the planting or
maintenance of areas of municipal trees under the autho-
rization of the Parks and Recreation Department. (Ord.
4553, Repealed & Replaced, 06/20/1996)
13.10.040 DAMAGE TO TREES AND
SHRUBS.
Unless authorized by this chapter, no person shall in
any public area of the City, break, injure, mutilate, kill,
destroy, prune or remove any tree or shrub; permit any
animal under his or her control to do so; permit any fire
to injure any portion of any tree or shrub; permit any
toxic chemical to seep, drain, or be emptied on or about
any tree or shrub. During building operations the builder
shall erect suitable protective barriers around municipal
trees and shrubs which may be injured. Persons respon-
sible for damage to trees on public areas shall be penal-
ized pursuant to the Bremerton Municipal Code Section
13.04.180 regarding damage to park property, and Sec-
(Revised 9/11)13.10-2
tion 13.04.040. (Ord. 4553, Repealed & Replaced,
06/20/1996)
13.10.050 FASTENING MATERIALS TO
TREES OR SHRUBS.
No person shall fasten any sign, rope, wire, or other
materials to, around, or through any municipal tree or
shrub without obtaining permission from the Parks and
Recreation Department, except in emergencies such as
storms or accidents, pursuant to Section 13.04.030 of
the Bremerton Municipal Code. (Ord. 4553, Repealed &
Replaced, 06/20/1996)
13.10.060 PUBLIC UTILITIES.
Public utility work affecting trees or shrubs on pub-
lic areas shall be limited to the actual necessities of the
services of the company and such work shall be done in
a neat and professional manner. The utility shall notify
the Parks and Recreation Department of any plans for
maintenance on public areas and consult with the Parks
and Recreation Department should any trees need to be
topped or removed so that they may suggest ways to pre-
serve the beauty or symmetry of the tree and keep
removals to a minimum. (Ord. 4553, Repealed &
Replaced, 06/20/1996)
13.10.070 MASTER URBAN TREE PLAN.
A Master Urban Tree Plan shall be developed by
the Parks and Recreation Department for park and muni-
cipal trees and approved by Council resolution. It will be
based upon an inventory of existing municipal trees in
these areas and an evaluation of the site and space fac-
tors which will aid in the determination of those trees
best suited for Bremerton’s urban environment and
result in the development of a long-range plan for future
planting and maintenance. (Ord. 4553, Repealed &
Replaced, 06/20/1996)
13.10.080 PLANTING, PRUNING,
REMOVAL, AND MAINTENANCE
STANDARDS.
The following standards are hereby established for
the planting, pruning, removal, and maintenance of
municipal trees and shrubs in the public areas of the
City. All planting of trees and other landscaping in pub-
lic areas of the City, including the rights-of-way, shall
be in conformance with the City’s engineering design
and construction standards:
(a) Planting.
(1) All trees will be not less than one and one-
half (1-1/2) inch caliper and be No. 1 grade, as described
by the American Association of Nurserymen (AAN).
(2) No tree or shrub will be planted closer
than two (2) feet from the curbline or ten (10) feet from
a driveway or alley. Trees shall be spaced at intervals of
at least twenty (20) feet depending upon species and the
expected height of the tree at maturity. Plantings at or
near intersections shall be spaced in accordance with
sight distance specification in the City’s engineering
design and construction standards.
(3) Sidewalk cuts, where necessary, shall be
approved by the Engineering Division and will be a
minimum of four (4) feet in diameter so as to allow the
natural percolation of water. Paver blocks, cobblestones
or tree grates or other permeable surfaces will be used to
fill the sidewalk cuts around trees.
(4) All young trees, for a minimum of one (1)
year, shall be securely staked and guyed until the roots
become established.
(5) Municipal trees and shrubs planted prior
to the passage of the ordinance codified in this section
are exempt from these planting standards.
(6) A list of recommended species of munici-
pal trees is available from the Parks and Recreation
Department for those desiring to plant municipal trees in
City areas adjacent to their properties. Approval of the
tree species is required by the City Urban Forester prior
to planting, if it is not on the recommended species list.
(7) Public education programs regarding tree
planting, care and maintenance will be provided by the
Parks and Recreation Department in conjunction with
Arbor Day festivities each year in April to encourage
public involvement in tree planting. Additionally, the
Parks and Recreation Department will maintain a tree
library available for use by the public.
(b) Pruning. Pruning of any municipal tree on any
public area must be authorized by the Parks and Recre-
ation Department’s City Urban Forester or performed
by City employees at the discretion of the Department.
Trees are pruned to preserve their health and appear-
ance, and to eliminate safety and utility concerns, which
will increase their longevity in the urban area.
(1) Pruning Defined.
(i) Fine Pruning: removal of dead, dis-
eased, objectionable and/or weak branches which are
larger than one-half (1/2) inch in diameter.
(ii) Medium Pruning: removal of dead,
diseased, objectionable and/or weak branches which are
larger than one (1) inch in diameter.
(iii) Safety Pruning: removal of the dead,
diseased and/or weak branches to a size that in falling
would injure a person and/or property.
(iv) Cut Back to Topping: cutting back,
drop crotching or topping consists of the reduction of
tops, sides, underbranches, or individual limbs with
attention given to symmetrical appearance.
(2) All trees and shrubs which have branches
overhanging a public street or boulevard shall have said
branches pruned to a clearance height of fourteen (14)
13.10-3 (Revised 9/11)
feet. Those overhanging a public sidewalk shall be
pruned to a clearance height of eight (8) feet. The provi-
sions of this section may be waived by the Parks and
Recreation Department in the case of newly planted
trees so long as they do not interfere with public park-
ing, travel or safe viewing distances at intersections, or
endanger public safety as determined by the Engineer-
ing Division. Any tree or shrub on private property
which hangs over a city right-of-way which is not
pruned as herein provided shall be subject to the provi-
sions of BMC 13.10.090.
(3) All dead wood, stubs, broken branches,
badly formed branches, diseased branches, and
branches interfering with public travel, lighting, exist-
ing buildings and traffic signs, shall be removed during
the pruning operation, with consideration given to the
symmetry and beauty of the municipal tree or shrub.
(c) Removal.
(1) All municipal trees and shrubs which have
fallen or been authorized for removal shall be com-
pletely removed from the growing site and disposed of
in an authorized manner. The stump shall be ground out
to a depth suitable for future planting of trees or turf.
(2) When municipal trees or shrubs are
removed because of inappropriate location, a more
appropriate site for replacement will be selected, when
possible, in as close a proximity as spacing permits.
Trees removed due to health, age, size for its location, or
undesirable species type shall be replaced, when appro-
priate/available, with a suitable tree or shrub which will
not produce the same problem in accordance with this
section.
(3) No municipal tree or shrub shall be
removed from any public area for the sole purpose of
providing a view for any private property or individual.
(d) Maintenance.
(1) All municipal trees will receive routine
maintenance on a four (4) year cycle.
(2) Special consideration will be given to the
watering, weeding and protection of young trees during
the first three (3) years.
(3) The use of biological controls and sprays
will be encouraged and used by City employees when-
ever possible in the treatment of insect infestation in
trees on city lands and rights-of-way. (Ord. 4856 §6,
2003; Ord. 4553, Repealed & Replaced, 06/20/1996)
13.10.090 NUISANCE ABATEMENT.
On Private Properties - Abatement of nuisances on
private property with trees or shrubs determined to be
hazardous or public nuisance to public areas, such as
streets and sidewalks, will be handled in accordance
with the nuisance abatement procedures set forth in
Chapter 6.08 BMC. (Ord. 5154 §3, 2011: Ord. 4584,
Amended, 02/28/1997; Ord. 4553, Repealed &
Replaced, 06/20/1996)
13.10.110 COST OF PLANTING, REMOVING,
MAINTAINING AND
PROTECTING TREES AND
SHRUBS.
The costs of planting, removing, maintaining and
protecting trees and shrubs on all public areas of the
city, when done by Parks and Recreation Department
and Public Works Department shall be borne by the city
out of the Parks and Recreation Department and Public
Works Department budgets as assets allow, and from
funds donated or grant monies received specifically for
that purpose. When a private party plants, removes,
maintains or protects trees pursuant to BMC 13.10.080,
that party shall be responsible for all incurred costs.
(Ord. 4553, Repealed & Replaced, 06/20/1996)
(Revised 9/11)
Title 18
FIRE
Chapters:
18.02 CITY FIRE CODE
18.03 EXISTING MULTI-FAMILY REQUIREMENTS
18.06 AMBULANCE SERVICES
18.02-13 (Revised 9/11)
located on the wall of a building, unless ap-
proved by the fire code official. F.D.C.’s serving
class 1 or 3 standpipe systems may be located
on walls, provided such walls are of fire resistive
or noncombustible construction.
Exception: F.D.C.’s that are not able to be lo-
cated away from a wall due to physical restric-
tions, may be located in an area approved by
the fire code official. F.D.C.’s shall be in-
stalled/located at the front of the building not
less than 18 inches nor more than 36 inches
above the finished grade of an approved fire ap-
paratus access road. F.D.C.’s shall not be ob-
structed by vehicle parking, carports, garages,
refuse storage containers, fences, landscaping
or other obscuring features. F.D.C.’s shall be
provided with tight fitting threaded caps or Knox
type lockable caps.
(q) Automatic Sprinkler Systems - Alarms. Sec-
tion 903 of the International Fire Code, entitled "Auto-
matic Sprinkler Systems," is amended by substituting
Subsection 903.4.2 with the following:
Sec. 903.4.2 Alarms - Exterior notification.
Approved audible alarm devices shall be con-
nected to every automatic sprinkler system.
Such sprinkler water-flow alarm devices shall
be activated by water flow equivalent to the flow
of a single sprinkler of the smallest orifice size
installed in the system. Alarm devices shall be
water-motor operated and shall be provided on
the exterior of the building in an approved loca-
tion at each riser or riser group.
Exception: NFPA 13D and NFPA 13R sprinkler
systems may utilize an electrically operated
alarm bell on the exterior of the building in an
approved location at each riser or riser group,
provided that the electrically operated alarm bell
cannot be silenced during water flow.
903.4.2.1 Alarms - Interior notification. Actu-
ation of the automatic sprinkler system shall ac-
tuate interior audible/visual notification
appliances as outlined in NFPA 72 at all exits
from all floors or where a fire alarm system is in-
stalled. The fire alarm system notification cir-
cuits shall provide the interior notification. When
a structure exceeds one floor, a flow switch
shall be provided for each floor. A flow alarm
shall be identified by floor.
Exception: NFPA 13D sprinkler systems do not
require interior audible/visual notification appli-
ances, except if a fire alarm system is installed,
then the fire alarm system notification circuits
shall provide the interior notification.
(r) Automatic Sprinkler Systems. Section 903 of
the International Fire Code, entitled "Automatic Sprin-
kler Systems," is amended by substituting Subsection
903.4.3 with the following:
Sec. 903.4.3 Floor control valves. Approved
supervised indicating control valves shall be
provided at the point of connection to the riser
on each floor.
(Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007:
Ord. 4958 §2, 2005; Ord. 4903 §1, 2004)
18.02.090 AMENDMENTS TO THE
INTERNATIONAL FIRE CODE -
SECTION 907, FIRE ALARM AND
DETECTION SYSTEMS.
The following local amendments to Section 907 of
the International Fire Code, entitled "Fire Alarm and
Detection Systems," are adopted and incorporated into
the International Fire Code:
(a) Fire Alarm and Detection Systems - General.
Section 907 of the International Fire Code, entitled "Fire
Alarm and Detection Systems," is amended to add the
following to Subsection 907.1.2:
Sec. 907.1.2 Fire Alarm Shop Drawings.
14. A Bremerton Fire department submittal
checklist.
15. A copy of the device/zone map.
16. Fire alarm systems which contain 25 or
more SLC/NAC devices combined, shall be
submitted on no less than 11x17 sized drawings
and 1/8"=1' scale with a digital copy of the de-
sign in DWG, DWF or other approved format.
(PDFs are not acceptable.)
(b) Fire Alarm and Detection Systems - Where
Required. Section 907 of the International Fire Code,
entitled "Fire Alarm and Detection Systems," is
amended by substituting Subsection 907.2 with the fol-
lowing:
Sec. 907.2 Where required. All new and re-
modeled occupancies where the fire area ex-
ceeds 4,000 square feet, an approved manual
and automatic fire alarm system shall be provid-
ed. Approved addressable fire alarm systems
will be required in all buildings having 10 or
more fire alarm system devices. Where auto-
matic sprinkler protection installed in accor-
(Revised 9/11)18.02-14
dance with Section 903.3.1.1 or 903.3.1.2 is
provided and connected to the fire alarm sys-
tem, automatic heat detection requirements of
this section may be modified upon specific ap-
proval by the fire code official.
Exceptions:
1. Group U Occupancies.
2. Occupancies protected throughout by an
approved/monitored automatic sprinkler system
can delete heat detectors from the system.
3. One and two family residences.
4. Those buildings that require 10 or less fire
alarm devices pursuant to 907.2.
In all remodels of existing non-sprinkled build-
ings over 4,000 square feet gross floor area,
when the value of any remodel work exceeds
50 percent of the building’s assessed valuation.
In any non-sprinkled existing building over
4,000 square feet gross floor area when a
change in occupancy use classification occurs.
Smoke detection shall be placed in:
1. Hallways, corridors, exit passages and all
other primary egress components.
2. Above the fire alarm panel and all annunci-
ator panels.
3. Rooms, assembly areas or other spaces
which exceed 400 square feet.
Heat detection shall be placed in all areas not
covered by smoke detection.
Exception: Buildings equipped with a fire sprin-
kler system.
A fully functional annunciator panel shall be
placed at the main entrance(s) and fire sprinkler
room(s).
Graphic annunciators shall be utilized in all
highrises and schools.
Shielded fire alarm cable shall be utilized as re-
quired by the fire code official.
Prescriptive smoke detector placement shall
utilize Table 5.6.5.5.1 from NFPA 72 2002 edi-
tion when ceiling heights exceed 10'. Prescrip-
tive smoke detector placement of spot detectors
shall not exceed 30' in height. Beam detectors
shall be utilized in complex designs and ceilings
in excess of 30'.
(c) Fire Alarm and Detection Systems - Retroactive
R-2 Visible Notification. Section 907 of the International
Fire Code, entitled "Fire Alarm and Detection Systems,"
is amended to add Subsection 907.10 as follows:
Sec. 907.10 Retroactive R-2 visible notifica-
tion. At the request of the tenant, the building
owner shall replace an existing audible device
to an audible/visible device to assist hearing im-
paired tenants. Building owners are not re-
quired to otherwise change or modify fire alarm
systems if due to design or device placement
this option is not feasible.
(d) Fire Alarm and Detection Systems - Duct
Smoke Detectors. Section 907 of the International Fire
Code, entitled "Fire Alarm and Detection Systems," is
amended to repeal Exception 1 in Subsection 907.4.1.
The amended Subsection 907.4.1 reads as follows:
Sec. 907.4.1 Duct smoke detectors. Duct
smoke detectors shall be connected to the
building’s fire alarm control panel when a fire
alarm system is provided. Activation of a duct
smoke detector shall initiate a visible and audi-
ble supervisory signal at a constantly attended
location. Duct smoke detectors shall not be
used as a substitute for required open area de-
tection.
Exception: In occupancies not required to be
equipped with a fire alarm system, actuation of
a smoke detector shall activate a visible and an
audible signal in an approved location. Smoke
detector trouble conditions shall activate a visi-
ble or audible signal in an approved location and
shall be identified as air duct detector trouble.
(e) Fire Alarm and Detection Systems - Monitor-
ing. Section 907 of the International Fire Code, entitled
"Fire Alarm and Detection Systems," is amended by
substituting Subsection 907.5 with the following:
Sec. 907.5 Monitoring. Where fire alarm sys-
tems are required by this chapter or by the Inter-
national Building Code, a U.L.-listed central
monitoring station in accordance with NFPA 72
shall monitor fire alarm systems.
Exception: Supervisory service is not required
for:
1. Single- and multiple-station smoke alarms
required by Section 907.2.10.
18.02-15 (Revised 9/11)
2. Smoke detectors in Group I-3 occupan-
cies.
3. Automatic sprinkler systems in one- and
two-family dwellings.
4. Those existing R-1 and R-2 occupancies
that are addressed by section 18.03.120(a) of
the Bremerton Municipal Code.
(f) Fire Alarm and Detection Systems - Testing
Prerequisites. Section 907 of the International Fire
Code, entitled "Fire Alarm and Detection Systems," is
amended by adding a new Subsection 907.9.1:
Sec. 907.9.1 Testing Prerequisites. Upon
completion of the installation or alteration, a sat-
isfactory test of the entire system and its func-
tions shall be made in the presence of the fire
code official within two weeks of completion of
installation. Prior to the acceptance test, written
documentation shall be provided to the fire de-
partment certifying that the system has been in-
stalled and pre-tested in accordance with the
approved plans and specifications.
(g) Fire Alarm and Detection Systems - Loca-
tion/Security. Section 907 of the International Fire
Code, entitled "Fire Alarm and Detection Systems," is
amended by adding a new Subsection 907.11:
Sec. 907.11. Location/Security. The control
unit, remote annunciator, alarm panel, and ac-
cess keys to locked fire alarm equipment shall
be installed and maintained in a location ap-
proved by the fire code official. All occupancies
equipped with a fire sprinkler or alarm system
shall install a key safe below an exterior horn
strobe and near the access to the remote an-
nunciator or main entrance. Alarm panel access
keys and building access keys or master keys
shall be provided and kept in an on-site wall
mounted entry key safe provided by the building
owner and shall meet specifications of the fire
code official.
(h) Fire Alarm and Detection Systems - Monitor-
ing. Section 907 of the International Fire Code, entitled
"Fire Alarm and Detection Systems," is amended by
adding new Subsections 907.12, 907.13, 907.14, 907.15
and 907.16:
Sec. 907.12. Instructions. Written operating
instructions for the fire alarm system shall be
provided and kept in an on-site wall mounted
entry key safe provided by the building owner
and shall meet specifications of fire code offi-
cial. All alarm systems shall be capable of being
silenced without having to be reset. Alarm pan-
els that require a reset code to silence or reset
the system shall be programmed with a fire de-
partment reset code that is approved by the fire
code official.
Sec. 907.13. Designer Qualifications. Per-
sons who design fire alarm systems shall be ei-
ther a fire protection engineer registered by the
State of Washington or NICET III and current
with all continuing education and training re-
quired by NICET. The designer must be NICET
II by July 1, 2008 and NICET III by January 1,
2009.
Sec. 907.14. Installation Requirements. Dur-
ing the course of a fire alarm installation, includ-
ing all subsequent modifications and annual
testing, a NICET level II technician in fire alarms
shall personally conduct all programming and
testing.
Sec. 907.15. Existing Fire Alarm Systems. All
existing fire alarm systems are subject to the
provisions of 907.14.
Sec. 907.16. Violations. Violations of section
907.14 and 907.15 constitutes a mandatory
$1000 violation per occurrence. Each day con-
stitutes a separate and distinct violation. Any
three violations of this provision immediately re-
vokes the affected fire alarm company’s City of
Bremerton business license and prohibits re-
application for a period of not less than three
years.
(Ord. 5137 §1, 2011: Ord. 5112 §1 (part), 2010: Ord.
5016 §1 (part), 2007: Ord. 4903 §1, 2004)
18.02.095 AMENDMENTS TO THE
INTERNATIONAL FIRE CODE -
SECTION 913, FIRE PUMPS.
The following local amendment to Section 913 of
the International Fire Code, entitled "Fire Pumps," is
adopted and incorporated into the International Fire
Code:
(a) Fire Pumps. Section 913 of the International
Fire Code is amended by adding a new Subsection
913.2.1:
Sec. 913.2.1 Fire pumps utilizing electric driv-
ers shall provide a back-up power supply.
Exception: In F and S occupancies when the
normal occupant load does not exceed 15, the
occupancy would normally be vacated during
(Revised 9/11)18.02-16
power outages and with the fire code official’s
approval.
(Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007)
18.02.100 AMENDMENTS TO THE
INTERNATIONAL FIRE CODE -
CHAPTER 14, FIRE SAFETY
DURING CONSTRUCTION AND
DEMOLITION.
The following local amendment to Chapter 14 of
the International Fire Code, entitled "Fire Safety During
Construction and Demolition," is hereby adopted and
incorporated into the International Fire Code as if fully
set forth therein:
(a) Water Supply for Fire Protection - When
Required. Section 1412 of the International Fire Code,
entitled "Water Supply for Fire Protection," is amended
by substituting Subsection 1412.1 with the following:
Sec. 1412.1 When required. An approved wa-
ter supply for fire protection shall be made avail-
able as soon as combustible material arrives on
the site.
(Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007:
Ord. 4903 §1, 2004)
18.02.110 AMENDMENTS TO THE
INTERNATIONAL FIRE CODE -
CHAPTER 22, MOTOR FUEL-
DISPENSING FACILITIES AND
REPAIR GARAGES.
The following local amendment to Chapter 22 of
the International Fire Code, entitled "Motor Fuel-Dis-
pensing Facilities and Repair Garages," is hereby
adopted and incorporated into the International Fire
Code as if fully set forth therein:
Sec. 2205.3.1. Required Spill Control Equip-
ment. Every fuel dispensing facility and repair
garage shall maintain at least 50 pounds of rice
hulls or other approved absorbent and at least
25 approved absorbent pads, minimum dimen-
sion 16 inch by 16 inch and/or other spill control
equipment as approved by the fire code official.
(Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007:
Ord. 4903 §1, 2004)
18.02.120 AMENDMENTS TO THE
INTERNATIONAL FIRE CODE -
CHAPTER 27, HAZARDOUS
MATERIALS - GENERAL
PROVISIONS.
The following local amendment to Chapter 27 of
the International Fire Code, entitled "Hazardous Materi-
als - General Provisions," is hereby adopted and incor-
porated into the International Fire Code as if fully set
forth therein:
(a) Storage - Ventilation - System Requirements.
Section 2704 of the International Fire Code, entitled
"Storage," is amended by substituting Subsection
2704.3.1 with the following:
Sec. 2704.3.1 System requirements. Exhaust
ventilation systems shall comply with all of the
following:
1. Installation shall be in accordance with the
International Mechanical Code.
2. Mechanical ventilation shall be at a rate of
not less than 1 cubic foot per minute per square
foot [0.00508 m3/(s · m2)] of floor area over the
storage area.
3. Systems shall operate continuously unless
alternative designs are approved.
4. A manual shutoff control shall be provided
outside of the room in a position adjacent to the
access door to the room or in another location,
if approved by the fire code official. The switch
shall be of the break-glass type and shall be la-
beled: VENTILATION SYSTEM EMERGENCY
SHUTOFF: FIRE DEPARTMENT USE ONLY.
5. Exhaust ventilation shall be designed to
consider the density of the potential fumes or
vapors released. For fumes or vapors that are
heavier than air, exhaust shall be taken from a
point within 12 inches (305 mm) of the floor.
6. The location of both the exhaust and inlet
air openings shall be designed to provide air
movement across all portions of the floor or
room to prevent the accumulation of vapors.
7. Exhaust ventilation shall not be recirculat-
ed within the room or building if the materials
stored are capable of emitting hazardous va-
pors.
(Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007:
Ord. 4903 §1, 2004)
18.02-16.1 (Revised 9/11)
18.02.130 AMENDMENTS TO THE
INTERNATIONAL FIRE CODE -
CHAPTER 45, MARINAS.
The following local amendment adding a new
Chapter 45 of the International Fire Code, entitled
"Marinas," is hereby adopted and incorporated into the
International Fire Code as if fully set forth therein:
Number Subject
Tables-5 (Revised 9/11)
4997 Annexation (Special)
4998 Amends § 20.80.080, subarea plans, and comprehensive plan (20.80)
4999 Rezone (Special)
5000 Amends §§ 6.04.020, 6.04.040 and 7.05.010, garbage and refuse, livestock (6.04, 7.05)
5001 Adds Ch. 2.36 [2.38]; amends Ch. 3.64; repeals Res. Nos. 2666 and 2772, lodging tax (2.38, 3.64)
5002 Annexation (Defeated by voter referendum)
5003 Amends § 2.09.020 and Ch. 2.30, civil service (2.09, 2.30)
5004 Repeals and replaces Ch. 2.74, travel authorization and expense reimbursement (2.74)
5005 Amends §§ 10.12.030(a) and 13.04.140; repeals § 13.04.090, parks (10.12, 13.04)
5006 Adds § 9A.12.020, alcoholic beverages in public places (9A.12)
5007 Amends § 2.92.040, insurance programs (2.92)
5008 Adds and amends definitions in Ch. 20.40 [20.42]; amends §§ 17.04.040, 20.46.010, 20.46.020,
20.50.050, 20.60.060, 20.60.065, 20.60.100, 20.62.020, 20.62.060, 20.64.020, 20.64.060, 20.66.020,
20.70.020, 20.70.060, 20.74.020, 20.75.020, 20.76.020, 20.79.060, 20.84.020, 20.90.020, 20.92.020
and 20.94.020, zoning (17.04, 20.42, 20.46, 20.50, 20.60, 20.62, 20.64, 20.66, 20.70, 20.84, 20.90,
20.92, 20.94)
5009 Adds Ch. 15.05; amends § 15.03.210, fats, oils and grease (15.03, 15.05)
5010 (Tabled)
5011 Water and sewer revenue bond (Special)
5012 Cable franchise (Special)
5013 Alley vacation (Special)
5014 Street vacation (Special)
5015 Amends Rate Table C of Ch. 3.01 and §§ 17.04.020 and 17.04.030; repeals and replaces § 17.04.110;
repeals §§ 17.04.050, 17.04.060, 17.04.070, and 17.04.120 and Ch. 17.56, building codes (17.04)
5016 Amends Ch. 18.02, fire code (18.02)
5017 Amends Ch. 9.48, fireworks (9.48)
5018 Adds Ch. 10.42, automated traffic safety cameras (10.42)
5019 Approves reimbursement agreement (Special)
5020 Adds § 17.60.325; amends §§ 17.60.050, 17.60.070, 17.60.240, 17.60.310, 17.60.320 and 17.60.330,
floodplain management (17.60)
5021 Amends Ch. 3.36, contingency reserve fund (3.36)
5022 Amends 2007 budget (Special)
5023 Amends §§ 11.02.040, 11.02.090, 11.02.110, 11.02.190, 11.02.200, 11.02.210, 11.02.220 and
11.02.260, right-of-way use (11.02)
5024 Amends Ch. 2.14, investment committee (2.14)
5025 Amends §§ 20.80.020 and 20.80.080, zoning (20.80)
5026 Amends § 15.01.020(i), Appendix A of § 15.06.015, and § 15.06.050, utilities (15.01, 15.06)
5027 2008 tax levy (Special)
5028 Amends Chs. 3.48 and 3.86, business and occupation tax, administrative provisions (3.48, 3.86)
5029 Amends § 2.06.040, city attorney (2.06)
5030 Amends Appendix A of § 15.06.015, utility assessments, rates, fees and charges (15.06)
5031 Amends § 3.01.060 and Rate Tables A, E, F and G of Ch. 3.01, rates and fees (Repealed by 5130)
5032 Adopts 2008 budget (Special)
5033 Amends 2007 budget (Special)
5034 Amends comprehensive plan and § 20.80.080, zoning (20.80)
5035 (Pulled)
5036 Amends Ch. 3.78, multifamily property tax exemption (3.78)
5037 Amends comprehensive plan (Special)
5038 Rezone (Special)
5039 Repeals and replaces Ch. 9.92, chronic nuisance properties (9.92)
Number Subject
(Revised 9/11)Tables-6
5040 Amends Ch. 2.88, disability action committee (2.88)
5041 Amends Ch. 13.08, recreational vessels on Kitsap Lake (13.08)
5042 Adds § 2.26.210, emergency management organization (2.26)
5043 Recodifies Ch. 2.36 as 2.38, lodging tax advisory committee (2.38)
5044 Amends §§ 3.48.030 and 3.48.090, business and occupation taxes (3.48)
5045 Street vacation (Special)
5046 Amends definition in Ch. 20.42; amends § 20.48.080, Ch. 20.50, § 20.52.070(a), Figure 20.52(a),
§§ 20.62.060(a), 20.62.070, 20.62.090, 20.64.060(a), 20.64.070, 20.64.090, 20.66.060(b) and (c),
20.66.070(b), 20.70.060(b) and (c), 20.70.070(b), Ch. 20.79, §§ 20.82.060(b) and (c), 20.82.090,
20.84.060(b) and (c), 20.84.090, 20.86.060(b) and (c), 20.88.060(b) and (c), 20.88.070, 20.90.060(b)
and (c), 20.90.090, 20.92.060(b) and (c), 20.92.080, 20.92.090, 20.94.060(b) and (c), 20.94.090 and
20.98.060(b) and (c); repeals and replaces Chs. 20.74, 20.75 and 20.76; repeals Figure 20.74(a), zoning
(20.42, 20.48, 20.50, 20.52, 20.62, 20.64, 20.66, 20.70, 20.74, 20.75, 20.76, 20.79, 20.82, 20.84, 20.86,
20.88. 20.90, 20.92, 20.94, 20.98)
5047 Amends § 2.02.010, city council (2.02)
5048 Street vacation (Special)
5049 Street vacation (Special)
5050 Alley vacation (Repealed by 5143)
5051 Amends Appendix A of § 15.06.015, utility assessments, rates, fees and charges (15.06)
5052 Creates revenue development area (Repealed by 5088)
5053 Annexation (Special)
5054 Amends § 15.06.040, wastewater rates (15.06)
5055 Alley vacation (Special)
5056 Amends 2008 budget (Special)
5057 Annexation (Special)
5058 (Failed)
5059 Amends Ord. 5053, annexation (Special)
5060 Amends § 13.04.140, liquor in city parks (13.04)
5061 Street vacation (Repealed by 5144)
5062 Amends comprehensive plan (Special)
5063 Adds definition to Ch. 20.40 [20.42]; amends § 20.58.060, residential cluster development (20.42,
20.58)
5064 Amends § 7.08.010, cat and dog licenses (7.08)
5065 Amends § 3.50.050, utility taxes (3.50)
5066 2009 tax levy (Special)
5067 Amends § 13.04.060, discharging firearms or explosives in city parks (13.04)
5068 Approves voluntary separation and reduced work week program (Special)
5069 Amends Rate Tables A, D, E and F of Ch. 3.01, rates and fees (Repealed by 5130)
5070 Amends Appendix A of § 15.06.015, utility assessments, rates, fees and charges (15.06)
5071 Adopts 2009 budget (Special)
5072 Amends 2008 budget (Special)
5073 Rezone (Special)
5074 Amends § 2.50.040(a), work schedules and leave benefits (2.50)
5075 Amends §§ 2.06.010, 2.06.030, 2.09.010, 2.09.020, 2.90.200 and Ch. 2.92; repeals § 2.09.070, office of
risk management (2.06, 2.09, 2.90, 2.92)
5076 Adds Ch. 11.25, transportation benefit district (11.25)
5077 Adds Bay Vista Subarea Plan to the comprehensive plan; amends § 20.80.080, subarea plans; repeals
Westpark Subarea Plan (20.80)
5078 Amends § 3.50.050, utility taxes (3.50)
5079 Amends 2009 budget (Special)
Number Subject
Tables-7 (Revised 9/11)
5080 Amends Ch. 1.06, public records (1.06)
5081 Roadway vacation and reservation of easements (Special)
5082 Amends § 20.80.080 and comprehensive plan, subarea plans (20.80)
5083 Annexation (Special)
5084 Annexation (Special)
5085 Corrections to city boundaries (Special)
5086 Authorizes termination of agreement with Kitsap County and Port Blakely Communities (Special)
5087 Bond issuance (Special)
5088 Creates Bremerton Harborside Revitalization Area; repeals Ord. 5052 (Special)
5089 Adopts public defense standards (Special)
5090 Approves voluntary separation and reduced work hours program (Special)
5091 Amends Ch. 20.02, Figure 20.40(a) [20.40(b)] and § 20.46.110, zoning (20.02, 20.40, 20.46)
5092 (Failed)
5093 Amends §§ 6.32.070 and 6.32.090, noise levels (6.32)
5094 Amends comprehensive plan (Special)
5095 Amends Rate Tables E and F of Ch. 3.01, rates and fees (Repealed by 5130)
5096 Amends § 3.50.050, utility taxes (3.50)
5097 (Failed)
5098 2010 tax levy (Special)
5099 Adopts 2010 budget (Special)
5100 Cable franchise (Special)
5101 Amends 2009 budget (Special)
5102 Amends Ch. 18.06, ambulance services (18.06)
5103 Amends §§ 2.62.045, 15.01.020(m), 15.06.060, Appendix A of § 15.06.015, and Ch. 15.08, utilities
(2.62, 15.01, 15.06, 15.08)
5104 Rezone (Special)
5105 Repeals and replaces Figure 3.78(a), multifamily property tax exemption (3.78)
5106 Alley vacation (Special)
5107 (Pulled)
5108 State-shared sales and use tax for local revitalization (Special)
5109 Bond issuance (Special)
5110 Amends § 2.05.010; repeals Ch. 2.07, economic development department (2.05)
5111 Amends Figure 20.40(b) and §§ 20.60.040, 20.78.040 and 20.79.040, community facilities (20.40,
20.60, 20.78, 20.79)
5112 Amends Ch. 18.02, fire code (18.02)
5113 Adds § 17.04.080(c); amends §§ 17.04.020, 17.04.040(c) and 17.04.110(d), building codes (17.04)
5114 Amends §§ 10.10.140 and 10.11.010(f), parking for disabled persons (10.10, 10.11)
5115 (Pulled)
5116 Amends § 3.72.020, gambling tax (3.72)
5117 Amends 2010 budget (Special)
5118 Amends § 20.48.060, residential parking development standards (20.48)
5119 Right-of-way transfer (Special)
5120 Amends Ch. 3.68, equipment rental reserve fund (3.68)
5121 Amends Ch. 10.12, skateboards (10.12)
5122 Amends §§ 10.10.020, 10.10.030, 10.11.005 and 10.11.010, parking (10.10, 10.11)
5123 Amends § 17.60.070, floodplain management (17.60)
5124 Bond issuance (Special)
5125 Amends § 2.18.060, audit committee (2.18)
5126 Adds Ch. 7.06; amends §§ 3.01.050, 7.04.020, 7.15.010 and 7.16.030, keeping of chickens (7.04, 7.06,
7.15, 7.16)
Number Subject
(Revised 9/11)Tables-8
5127 Amends § 17.60.070, floodplain management (17.60)
5128 Amends Ch. 2.09 and § 2.10.030, information technology reorganization (2.09, 2.10)
5129 Tax levy (Special)
5130 Repeals and replaces Ch. 3.01, rates and fees (3.01)
5131 Amends §§ 15.06.015 and 15.06.040; repeals Appendix A of Ch. 15.06, assessments, rates, fees and
charges (15.06)
5132 Establishes rates and fees for the department of public works and utilities (Not codified)
5133 Adopts 2011 budget (Special)
5134 Amends 2010 budget (Special)
5135 Adds § 10.10.150, driveways (10.10)
5136 Repeals Ch. 18.08, outdoor fires (Repealer)
5137 Amends § 18.02.090, fire code (18.02)
5138 Amends § 10.04.010 and Ch. 10.11, parking (10.04, 10.11)
5139 Amends § 3.48.030, business and occupation tax (3.48)
5140 Adds Ch. 5.08; amends § 7.08.030(a), street vendors; repeals Chs. 5.04 and 5.20 (5.08, 7.08)
5141 Adds Ch. 3.49, natural or manufactured gas use tax (3.49)
5142 Repeals Ch. 3.44, admissions tax (Repealer)
5143 Repeals Ord. 5050, alley vacation (Repealer)
5144 Repeals Ord. 5061, street vacation (Repealer)
5145 Amends Ch. 9A.44, public disturbances (9A.44)
5146 Adds § 9A.32.130, sexual motivation for assault (9A.32)
5147 Adds Ch. 6.06; amends § 2.62.045; recodifies Ch. 9.14 to 6.08 and Ch. 9.16 to Ch. 6.02; repeals Chs.
6.02, 9.08 and 9.90, health and sanitation (2.62, 6.02, 6.06, 6.08)
5148 Amends Ch. 1.04 and § 2.13.120, code enforcement (1.04, 2.13)
5149 Alley vacation (Special)
5150 Amends § 2.09.040, city clerk’s duties (2.09)
5151 Alley vacation (Special)
5152 Bond issuance (Special)
5153 Amends 2011 budget (Special)
5154 Amends §§ 2.62.045, 7.06.010, 9.92.020, 11.12.120 and 13.10.090, code reference corrections; repeals
§ 13.10.100 (2.62, 7.06, 9.92, 11.12, 13.10)
5155 Moratorium on methadone treatment facilities (Special)
5156 Amends § 3.12.060, authorized expenditures from arts fund (3.12)
5157 Authorizes termination of development agreement (Special)
5158 Amends Ch. 5.16, temporary merchants, peddlers and mobile food vendors (5.16)
5159 Moratorium on medical marijuana collective gardens (Special)