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HomeMy WebLinkAbout15 bremerton0512_supp15SUPPLEMENT DIRECTIONS BREMERTON MUNICIPAL CODE Supplement No. 15 – May 2012 New, reprinted pages included with this supplement are listed by title and page number in the right-hand column below. The left-hand column lists obsolete material which should be removed from the code. Follow the instruction columns in sequence: remove and replace pages as necessary. When completed, insert these directions in a convenient place near the front of the code book. For future reference, the person making these changes may also date and initial this page. This supplement includes all legislation passed up to and including Ordinance 5182, passed March 21, 2012. The online version of the code is updated more frequently than the print version. Reference the disclaimer on the following webpage to determine whether the online code is more current than the print version: http://www.codepublishing.com/WA/bremerton/ Remove these pages Insert these pages Charter Table of Contents .................................. Table of Contents 1 – 10 ........................................................................ 1 – 10 Title 2 2.32-1 ......................................................... 2.32-1 – 2.32-2 2.92-1 – 2.92-3 .......................................... 2.92-1 – 2.92-3 Title 3 Table of Contents .................................. Table of Contents 3.12-1 – 3.12-3 .......................................... 3.12-1 – 3.12-3 3.50-1 – 3.50-3 .......................................... 3.50-1 – 3.50-3 3.56-1 .............................................................................. — 3.82-1 – 3.82-2 .......................................... 3.82-1 – 3.82-2 Title 9A 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 10.10-2.1 – 10.10-5 ............................... 10.10-3 – 10.10-5 10.11-1 – 10.11-3 .................................. 10.11-1 – 10.11-3 Title 11 Table of Contents .................................. Table of Contents — ........................................................... 11.18-1 – 11.18-5 Title 13 13.04-1 – 13.04-3 .................................. 13.04-1 – 13.04-3 Title 18 18.02-1 – 18.02-2 .................................. 18.02-1 – 18.02-2 18.02-19 – 18.02-20 .......................... 18.02-19 – 18.02-20 (Revised 5/12) Updated by: _______ Dated: ____________ Remove these pages Insert these pages Title 20 20.42-1 – 20.42-4 ................................... 20.42-1 – 20.42-4 20.42-9 – 20.42-10 ............................ 20.42-9 – 20.42-10.1 20.42-13 – 20.42-14 ........................... 20.42-13 – 20.42-14 20.86-1 – 20.86-2 ................................... 20.86-1 – 20.86-2 20.98-1 ................................................... 20.98-1 – 20.98-2 Tables 7 – 8 ........................................................................... 7 – 9 Please call Code Publishing Company (206-527-6831) should questions arise while removing and replacing supplement pages. (Revised 5/12) Charter-i (Revised 5/12) CHARTER OF THE CITY OF BREMERTON TABLE OF CONTENTS ARTICLE I. Name, Boundaries, Powers, Definitions Section 1 Name Section 2 Boundaries Section 3 Definitions Section 4 Rights and Powers Section 5 Powers - How Exercised ARTICLE II. Elective Officers Section 6 Officers - Election - Term - Qualifications Section 7 Change in Districts Section 8 Compensation - Reimbursement Section 9 Vacancies - Events Creating Section 10 Vacancies - Filling Section 11 Pro Tempore Appointment ARTICLE III. Legislation Section 12 Powers Vested in Council Section 13 Council Meetings - Public Notice of Meeting Agendas Section 14 Open Meetings - Requisites Section 15 Ordinances - Styles - Requisites - Veto Section 16 Ordinances - Authentication and Recording Section 17 Publication of Ordinances or Summary of Ordinances Section 18 City Auditor ARTICLE IV. Administration Section 19 Duties and Authority of the Mayor Section 20 Appointive Officers - Duties - Compensation Section 21 Appointment and Removal of Appointive Officers and Employees - Terms Section 22 Oath of Appointive Officers and Employees Section 23 City Attorney (Revised 5/12)Charter-ii ARTICLE V. Finance Section 24 Organization Section 25 Receipt, Custody, and Disbursement of Funds Section 26 Fiscal Year Section 27 Public Utilities ARTICLE VI. Civil Service Section 28 Commission, Creation of Section 29 Commission, Rules and Powers Section 30 Civil Service Officer Section 31 Employees Included in Civil Service ARTICLE VII. Boards, Commissions and Committees Section 32 Member Residency Requirement ARTICLE VIII. Recall, Initiative and Referendum Section 33 Recall Section 34 Initiative and Referendum ARTICLE IX. Franchises Section 35 Franchises - Term - Renewal Section 36 Franchise - Compensation - Publication Section 37 Franchise - Council Rights Section 38 Franchise - Transfers ARTICLE X. Miscellaneous Section 39 Legal Continuity Section 40 Employment Continuity Section 41 Report - Requisites of Claim - Time Limitations ARTICLE XI. Amendments Section 42 Conform to State Law Charter-1 (Revised 5/12) CHARTER OF THE CITY OF BREMERTON ARTICLE I. Name, Boundaries, Powers, Definitions Section 1 - Name: The corporate name of this City is BREMERTON. (Amended by election, 11/8/11) Section 2 - Boundaries: The existing boundaries may be changed in the manner provided by law. (Amended by election, 11/8/11) Section 3 - Definitions: As used in this Charter, unless the context indicates otherwise: (1) RCW - Means the Revised Code of Washington, and refers to any subsequent amendments to statutes refer- enced in this Charter. (2) Residence - Residence within any territory included in, annexed to, or consolidated with the City is construed to have been residence within the City. (3) Shall - Means mandatory. (4) May - Means optional. (5) Appointive Officer - Means those employees appointed by the mayor and confirmed by the Council as estab- lished by Charter and by ordinance. (Amended by election, 11/8/11) Section 4 - Rights and Powers: By and in the corporate name, the City shall have perpetual succession and all powers of a First Class city; may sue and be sued in all courts and proceedings; use a corporate seal approved by its legislative body; and, by and through its legislative body, may contract and be contracted with; may purchase, lease, receive, or otherwise acquire real and personal property of every kind, and use, enjoy, hold, lease, control, convey or otherwise dispose of it for the common benefit. (Amended by election, 11/8/11) Section 5 - Powers - How Exercised: All powers of this City, unless otherwise provided in this Charter, shall be exercised by, through and under the direc- tion of a mayor, who shall be the chief executive and administrative officer, and seven council members who shall constitute the City Council (hereafter referred to as Council). The Council shall serve as the legislative body of the City. The Mayor and Council shall be subject to the control and direction of the people at all times by means of the initiative, referendum and recall provided for in this Charter. (Amended by election, 11/8/11) ARTICLE II. Elective Officers Section 6 - Officers - Election - Term - Qualifications: (1) Effective until the first day of January 2014, the elective officers of this City shall be eleven in number: The Mayor and Municipal Judge, who shall be elected by majority vote from the City at large, and nine part-time members of Council, who shall be elected by majority vote from each of their respective districts. Effective the first day of Jan- uary 2014 as set forth in Section 6(2) below, the elective officers of this City shall be reduced from eleven to nine in number: The Mayor and Municipal Judge, who shall be elected by majority vote from the City at large, and seven part- time members of Council, who shall be elected by majority vote from each of their respective districts. No person shall be eligible for election to any City office, unless he or she is a citizen of the United States and has resided in Bremerton (Revised 5/12)Charter-2 for at least one year preceding election, except the Municipal Judge, who need only be a citizen and reside in Kitsap County and licensed to practice law in the State of Washington. No person shall be eligible for the position of council member while holding any other elective public office or otherwise employed by the city. Candidates for Council must also be residents of their respective districts at the time of filing. The Mayor shall continuously reside within the City and Council members shall reside continuously within their district during their elective terms, except as provided in Section 7 of this Charter. Except as set forth in Section 6(2) below, the terms of all elective officers shall commence on the first day in January following their election and shall be for a period of four years until their successors are elected and have qualified. (2) Effective the first day of January 2014, the Council members and the Council districts of this City shall be reduced from nine to seven in number. Elections for all Council districts, as redistricted, shall be held in 2013. Council members elected in 2013 to represent districts 1, 3, 5 and 7 as redistricted each shall serve a four year term. Council members elected in 2013 to represent districts 2, 4, and 6 as redistricted each shall serve a two year term. Thereafter municipal elections shall be held biennially and the requisite Council members shall be elected for four year terms. (Amended by election, 11/8/11) Section 7 - Change in Districts: Council may change the boundaries of existing districts by ordinance to make each as equal in population as practica- ble, so long as redistricting is approved forty-five days before the fourth Monday in July. Except as set forth in Section 6(2) above, no change in the boundaries of districts shall affect the terms of any council members; they shall serve out their terms representing the district for which they were elected even though such change of district boundaries may result in more than one council member residing in the same district. (Amended by election, 11/8/11) Section 8 - Compensation - Reimbursement: (1) The Mayor’s and Judge’s compensation may be increased during a term of office by ordinance. (2) There is hereby created the Bremerton Citizen’s Commission on Council Salaries pursuant to RCW 35.21.015 appointed as provided herein to set the salary of the Council members. (a) The Commission shall consist of three (3) members who shall be registered voters and residents of the City of Bremerton. No City officer, official, or employee or immediate family member of any City officer, official or employee shall be eligible for membership on the Commission. As used in this section, "immediate family member" means parents, spouse, siblings, children or dependent relative of the officer, official or employee whether or not living in the household of the officer, official or employee. (b) Commission members shall be appointed by the Mayor, subject to approval of Council. (c) Commission members shall be appointed for three year staggered terms of office. Commission members may not be appointed to more than two terms. (d) No member shall be removed during his or her term of office unless for cause of incapacity, incompe- tence, neglect of duty or malfeasance in office or for a disqualifying change of residence. (e) Upon a vacancy in any position on the Commission a successor shall be appointed to serve the unexpired term. The appointment shall be made in the same manner as for original appointments. (f) The members of the Commission shall receive no compensation for their services but shall receive rea- sonable reimbursement for their expenses in accordance with state law and city ordinance. Staff shall be assigned to the Commission to provide support for its work. (3) The Commission authority and responsibility shall be as follows: (a) The Commission shall study the relationship of salaries to the duties of the City Council members and shall fix a salary for each such position by an affirmative vote of not less than a majority of the commission. (b) Except as approved in this section, the Commission shall be solely responsible for its own organization, operation and action and shall enjoy the fullest cooperation of all City officers, officials, departments and employees. The Commission shall have access to all City books, papers, documents and accounts applying or in any way concern- ing the subject matter of this section. (c) The members of the Commission shall elect a chairperson from among their number every two years. (d) The Commission shall file any change in its schedule of salaries for the positions of City Council mem- bers with the City Clerk by July 1st of the applicable year so as to coincide with the City budget cycle. (e) Each schedule shall become effective thirty days after filing with the City Clerk. Salary decreases estab- lished by the Commission shall become effective as to incumbent City Council members at the commencement of their Charter-3 (Revised 5/12) next subsequent terms of office. Such schedule shall be subject to referendum in the same manner as provided by Sec- tion 34 of this Charter. (f) Prior to the filing of any salary schedule the Commission shall hold no fewer than two public hearings thereon within the four months immediately preceding the filing. (g) Signature of the chairperson of the Commission shall be affixed on each schedule submitted to the City Clerk. (4) The Mayor, Municipal Judge and Council members shall receive reimbursement for their necessary expenses incurred in the performance of the duties of their office as provided to City management and professional employees. (Amended by election, 11/8/11) Section 9 - Vacancies - Events Creating: The position of an elected officer shall become vacant upon the occurrence of any of the following events: (1) Death. (2) Resignation. (3) Judicially declared incompetency. (4) Failure to maintain residency as required by Charter. (5) Failure to qualify within two days after the beginning of term. (6) Continuous absence from the City for more than thirty days during a term of office without consent of Coun- cil, unless on business of the City. (7) Conviction of or plea of guilty to a felony or to a crime involving moral turpitude, or an offense involving the oath of office. (Amended by election, 11/8/11) Section 10 - Vacancies - Filling: (1) A vacancy in the office of the Mayor or Council shall be filled for the remainder of the unexpired term, if any, at the next municipal general election. Council or the remaining members thereof by majority vote shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. (2) If, after thirty days have passed since the occurrence of a vacancy, Council is unable to agree upon a person to be appointed to fill a vacancy on Council, the Mayor, shall make the appointment from among the persons nomi- nated by members of Council. (3) If at any time the membership of Council is reduced below a quorum, the remaining members, if any, shall appoint the requisite number of qualified persons to create a quorum who will appoint qualified persons to fill the remaining vacancies. The appointees shall serve until persons are elected to serve the remainder of the unexpired terms at the next available special election for partisan offices unless there is an earlier available general election. (4) If no council members remain, the Mayor shall appoint qualified persons to temporarily fill the vacancies. The appointees shall serve until persons are elected to fill the remainder of the unexpired terms at the next available special election for partisan offices unless there is an earlier available general election. (5) In the event all Council positions and the Mayor’s position become vacant, the Municipal Judge, or the Gov- ernor of the State of Washington if the position of Judge is vacant, shall appoint a qualified person as Acting Mayor. The Acting Mayor shall perform, and appointees shall serve, pursuant to subsection four above. (6) A vacancy in the office of Municipal Judge shall be filled by the Mayor for the remainder of the unexpired term, subject to Council confirmation. (Amended by election, 11/8/11) Section 11 - Pro Tempore Appointment: (1) Annually at the first meeting of Council, or when needed to fill a vacancy, the members thereof, by majority vote, shall designate one of their number as Council President to serve as Mayor Pro Tempore, to serve at the request of the Mayor, or to fill an unanticipated need in the absence or temporary disability of the Mayor. (2) The Mayor Pro Tempore shall perform all duties of the Mayor in the absence or temporary disability of the Mayor, except he or she may only remove appointive officers subject to Council confirmation after the Mayor has been absent for thirty consecutive days, at which time the Mayor Pro Tempore may remove such persons subject to any applicable law, rule, or regulation relating to civil service, with the approval of Council majority plus one. (3) The Mayor may appoint qualified persons to serve as Municipal Judge pro tempore pursuant to RCW 3.50.090. (Amended by election, 11/8/11) (Revised 5/12)Charter-4 ARTICLE III. Legislation Section 12 - Powers Vested in Council: Council shall have power to organize and regulate its internal affairs, to define the functions, power, and duties of the City’s officers and employees; to fix the compensation and working conditions of such officers and employees and establish and maintain civil service or merit systems, retirement and pension systems not in conflict with state law or this Charter. Council may adopt and enforce ordinances relating to and regulating its local or municipal affairs and appropriate to the good of the government of the City, and, pursuant to state law, may impose penalties of fine, or imprisonment, or both, for the violation of such ordinances constituting a misdemeanor or gross misdemeanor as pro- vided therein. Council may provide that violation of such shall constitute a civil violation subject to a monetary pen- alty. Council shall have all legislative powers possible for a city or town to have under the Constitution of this State. By way of illustration and not in limitation, such powers may be exercised in regard to acquisition, sale, ownership, improvement, maintenance, protection, restoration, regulation, use, leasing, disposition, vacation, abandonment or beautification of public ways, real property of all kinds, waterways, structures, or any other improvement or use of real or personal property. Such powers may be exercised in regard to all aspects of collective bargaining, in the rendering of social, cultural, recreational, educational, governmental, or corporate services, including operating and supplying of utilities and municipal services commonly or conveniently rendered by cities or towns. In addition and not in limi- tation, Council shall have any authority given to any class of municipality or all municipalities of this state, such authority to be executed in the manner provided, if any, by the granting statute. Within constitutional limitations, Council shall have within the City corporate limits all powers of taxation for local purposes allowed by state law. (Amended by election, 11/8/11) Section 13 - Council Meetings - Public Notice of Meeting Agendas: (1) Council shall meet regularly, at least once a month, at such times and locations as designated by the Council. (2) Council shall meet at a place within the corporate limits of the City, at such times as may be fixed by ordi- nance or resolution. (3) A majority of Council constitutes a quorum. (4) Meetings of Council shall be presided over by the member selected as Council President. Appointment of a Council President shall not in any way abridge the President’s right to vote on matters coming before Council at such meetings. (5) In the absence of the City Clerk or Deputy Clerk or other qualified person appointed by the Clerk, a council member may perform the duties of Clerk at such meeting while retaining rights to participate and vote during the meet- ing. (Amended by election, 11/8/11) Section 14 - Open Meetings - Requisites: (1) All meetings of Council and City boards, commissions and committees shall be open to the public except as excluded by 42.30 RCW or this Charter. (2) Conditions for attendance; time and place; procedures for interruption, adjournments, continuances; execu- tive sessions; adoption of ordinances, rules and regulations; and prohibition of secret ballots shall be as prescribed within Chapter 42.30 RCW. (3) Council, by ordinance, shall establish a procedure for notifying the public of upcoming open meetings and agendas. (Amended by election, 11/8/11) Section 15 - Ordinances - Styles - Requisites - Veto: (1) The enacting clause of all ordinances shall be as follows: "The City of Bremerton does ordain." No ordinance shall contain more than one subject and that must be clearly expressed in its title. (2) No ordinance, or any section or subsection thereof, or any municipal code section or subsection, shall be revised or amended, unless the new ordinance sets forth the revised ordinance or the amended section or subsection at full length. Charter-5 (Revised 5/12) (3) All legislation and appropriation of money shall be by ordinance, save where there is a special fund created for a particular purpose; payments from such funds shall be made on order of the Council. (4) Hearings of ordinances shall be as provided by state law or as designated by Council. Every ordinance shall have one reading except that, upon a request of a Council Member, an ordinance shall have two or more readings unless otherwise directed by the Council. No ordinance shall take effect until at least ten (10) days after publication stated in the ordinance, except as provided below: (a) Upon the happening of any non-debatable emergency as enumerated in RCW 35.33.081, Council may adopt an ordinance addressing the emergency or appropriating funds not available in the annual budget to meet it by a vote of one more than the majority of all members of Council, stating the facts constituting the emergency. Such ordinance shall become effective at passage without notice or hearing, but requires subsequent publication in the offi- cial newspaper. (b) Ordinances addressing public emergencies not specifically enumerated in RCW 35.33.081 or appropri- ating funds to meet such emergencies which could not have been anticipated in the annual budget, may be appropriated by ordinance declaring an emergency and stating the facts constituting the emergency. Such ordinance shall not be voted on until five days have elapsed after its introduction, and shall require the vote of one more than the majority of all members of Council for passage. Any taxpayer of the City may appear at the meeting at which the emergency ordi- nance is to be voted on and be heard for or against the adoption of it. The ordinance shall become effective upon pas- sage and publication. (c) Initiative ordinances adopted by the voters of the City shall take effect at the time fixed therein or, if no such time is designated within ten (10) days after the official canvass of the ballots pursuant to state law. (5) Every ordinance that passes Council in order to become valid must be presented to the Mayor. If approved, it shall be signed, but if not, it shall be returned with written objections to Council who shall cause the objections to be entered on the record and proceed to reconsideration thereof within thirty (30) days of return of the vetoed ordi- nance. If upon reconsideration, a majority plus one of the whole membership favor its passage, the ordinance shall become valid notwithstanding the Mayor’s veto. The Mayor’s veto with respect to budget measures shall extend to specific items only, and not to the whole budget. If the Mayor fails for ten days to either approve or veto an ordinance, it shall become valid without approval. Ordinances shall be signed by the Mayor and attested by the City Clerk. (Amended by election, 11/8/11) Section 16 - Ordinances - Authentication and Recording: The City Clerk shall authenticate and record in full in a properly indexed book or file kept for the purpose of retaining all ordinances and resolutions adopted by Council. Copies of such shall be available for inspection by the public. (Amended by election, 11/8/11) Section 17 - Publication of Ordinances or Summary of Ordinances: Promptly after adoption, the text of each ordinance or a summary of the content of each ordinance shall be published at least once in the City’s official newspaper except bond ordinances which may be published by title alone. For the purpose of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance. Publication of a summary shall include notice that the full text is available from the City Clerk. An inad- vertent mistake or omission in publishing the text or a summary of the content of an ordinance shall not render the ordinance invalid. (Amended by election, 11/8/11) Section 18 - City Auditor: There shall be an Auditing Committee consisting of two Council members and an independent Certified Public Accountant to be designated by Council, and two Bremerton residents selected by the designated members of the Auditing Committee. The Auditing Committee shall appoint a City Auditor who shall serve at the pleasure of the Com- mittee. The City Auditor shall only be removed by the majority vote of the entire membership of the Committee sitting as a whole. (Amended by election, 11/8/11) (Revised 5/12)Charter-6 ARTICLE IV. Administration Section 19 - Duties and Authority of the Mayor: The Mayor: (1) Shall be the chief executive and administrative officer of the City in charge of all departments and employees. (2) Shall see that all laws and ordinances are faithfully enforced and that law and order are maintained in the City. (3) Shall have general supervision of the administration of city government and all city interests. (4) Shall see that all contracts and agreements made with the City or for its use and benefit are faithfully kept and performed, and to this end, may cause any legal procedures to be instituted and prosecuted in the name of the City, subject to approval by majority vote of all members of Council. (5) Shall report to Council, in a public meeting, concerning the affairs of the City and its financial and other needs, and shall make recommendations for Council consideration and action. (6) Shall prepare and submit to Council a proposed budget. (7) Shall be the official and ceremonial head of the City and shall represent the City, except that when illness or other duties prevent the Mayor’s attendance at an official function and the Mayor Pro Tempore is unavailable, a mem- ber of Council or some other suitable person may be designated by the Mayor to represent the City on such occasion. (8) Shall devote full-time, during business hours, to the service of the City and shall not hold any other public office except notary public. (Amended by election, 11/8/11) Section 20 - Appointive Officers - Duties - Compensation: Appointive officers shall be those provided for by City Charter or ordinance and shall include a City Attorney and City Clerk. The office of City Clerk may be merged with any other compatible appointive office. The authority, duties and qualifications of all appointive officers shall be as prescribed by charter, ordinances, or applicable job description. (Amended by election, 11/8/11) Section 21 - Appointment and Removal of Appointive Officers and Employees - Terms: The Mayor shall have the power of appointment and removal of all appointive officers and employees, except the City Auditor, City Attorney, Court employees and Council employees, subject to any applicable law, rule or regulation relating to civil service. Council employees who serve at the pleasure of the Council may only be removed by a major- ity vote of Council sitting as a whole. The head of a department may be authorized by the Mayor to appoint and remove subordinates in such departments or office, subject to applicable union agreements and any applicable civil service pro- visions. All appointments of appointive officers and employees shall be made on the basis of ability and training or experience in the duties of the position, and in compliance with provisions of any merit system applicable to the City. Confirmation by Council of appointments of appointive officers shall be required. Appointive officers shall be without a definite term unless a term is established for such office by law or ordinance. The Mayor shall have the sole authority to accept the resignation of any appointive officer. (Amended by election, 11/8/11) Section 22 - Oath of Appointive Officers and Employees: Any appointive officer or employee, before entering upon the performance of his or her duties, may be required to take an oath or affirmation as may be prescribed by ordinance for the faithful performance of his or her duties as a condition of employment. (Amended by election, 11/8/11) Section 23 - City Attorney: (1) Appointment. The Legal Department of the City shall consist of a City Attorney, and such assistant city attor- neys as authorized in the budget. All must be duly licensed attorneys of the State of Washington in accordance with state statute or court rule. The City Attorney shall be a full-time in-house City Attorney appointed by the mayor and confirmed by the Council. The City Attorney may be removed by the Mayor, with the concurrence of a majority of Council sitting as a whole, or by Council alone, provided that removal by Council alone shall require a 2/3 vote of the entire Council. The City Attorney may remove assistant city attorneys at his or her pleasure. Charter-7 (Revised 5/12) (2) Duties. The City Attorney shall be legal advisor of all officers, commissions, boards and committees of the City and shall bring and prosecute all actions which may be directed by the Mayor or Council, and defend the City in all actions against it and any action in which the City, any past or present employee, officer, board, committee, or com- mission is a party as a result of acts or omissions in the good faith performance of the city’s business. (3) Special Counsel. Council may at any time retain or appoint special counsel for specific assignments. (Amended by election, 11/8/11) ARTICLE V. Finance Section 24 - Organization: The Mayor shall have charge of finance and shall be responsible for the custody and management of the City assets. (Amended by election, 11/8/11) Section 25 - Receipt, Custody, and Disbursement of Funds: All payments authorized by Council shall be signed by the Mayor and City Clerk. The City Treasurer shall receive and keep all monies due and belonging to the City, and all trust funds held by the City, and shall keep an accurate detailed account of the same in such manner as to show the exact financial condition of the City. The City Treasurer shall, at the close of each month, report to Council all the monies received and disbursed during the month. (Amended by elec- tion, 11/8/11) Section 26 - Fiscal Year: The City’s fiscal year shall be the calendar year. The Council may, by ordinance, establish a biennial budget. (Amended by election, 11/8/11) Section 27 - Public Utilities: (1) The City shall have power to own and operate any public utility and may purchase, construct, condemn or acquire any public utility provided by law, and may make any additions or betterments or extensions of any existing utility, and the provision therefor shall be by ordinance which shall specify and adopt the plan or system proposed and declare the estimated cost thereof. Any ordinance providing for a newly owned and operated utility shall be submitted for ratification or rejection to the qualified voters of the City at a general or special election called for that purpose. Provided, however, that an ordinance providing for the extension, enlargement or improvement of an existing utility shall conform to RCW 35.92.070 and need only be submitted to the voters as required thereby. (2) Nothing in this Charter shall be construed to permit the city of Bremerton to sell all or any portion of any of the real property now owned or hereafter acquired for water supply purposes generally known as watersheds, whether or not currently used for water supply purposes, unless a question of such proposed sale shall be approved by a majority plus one of the council membership or shall have been first submitted to the qualified electors of the city by a majority plus one of the council membership at a municipal general or special election and assented to by sixty percent of said electors voting on such question. (3) The City shall not sell, lease or dispose of any utility lands, systems or parts thereof essential to continued effective utility service, unless and until such disposal is approved by a majority plus one vote of Council. (Amended by election, 11/8/11) (Revised 5/12)Charter-8 ARTICLE VI. Civil Service Section 28 - Commission, Creation of: There is hereby established a Civil Service Commission of three members, who shall be appointed by the Mayor and confirmed by Council, and who shall be citizens of the United States, residents of the City for at least one year preced- ing such appointment. The currently seated members may serve their current terms. The term of office of such com- missioners shall be for three years on staggered terms. Any vacancies in the commission shall be filled by the Mayor and approved by Council for the unexpired term. Any member of said commission may be removed from office for incompetency, incompatibility or dereliction of duty, malfeasance in office, or other good cause after charges in writ- ing have been preferred, due notice given and a full hearing had in Superior Court unless such hearing is waived in writing. (Amended by election, 11/8/11) Section 29 - Commission, Rules and Powers: (1) The Commission shall make such rules and regulations for the conduct of its business and to enforce the pur- poses of this article as shall be necessary and proper. (2) The Commission shall provide for the classification of all employees subject to this Article. (3) All full time paid employees of the Fire and Police departments of the City shall be included under the pro- visions of this Article, and all existing provisions of state law pertaining to such employees shall be substantially com- plied with by the Commission. All other full time employees shall be included under the provisions of this Article unless excluded in Section 31. (4) The Commission, among other things, shall provide for open competitive examination as to fitness for an eli- gibility list from which vacancies shall be filled; for a period of probation before employment is made permanent; and for promotion on the basis of merit, experience, and record. Promotional processing/testing fees shall not be charged. (5) Employees within the scope of this Article who are in office at the time of the adoption of this Charter shall retain their positions, unless removed for cause. (6) The Commission, among other things, shall provide for rules and procedures to ensure employees due process in regard to any proposed disciplinary action. (Amended by election, 11/8/11) Section 30 - Civil Service Officer: The Commission shall provide for the selection of a civil service officer by the Mayor, with Council confirmation who shall also serve as secretary. (Amended by election, 11/8/11) Section 31 - Employees included in Civil Service: (1) The following employees shall be included in Civil Service: (a) All full time paid employees of the Fire and Police departments of the City unless specifically excluded or exempt by the City as may be provided by law. (b) All other full time employees not exempt in Section 31(2) below. (2) There shall be exempt from the operation of this article the following: elected officials, appointive officers not covered in Section 31(1) above, management and professional employees, all non-salaried members of appointive boards and commissions, and any other employee exempt from the operation of this Article by the Council. (Amended by election, 11/8/11) Charter-9 (Revised 5/12) ARTICLE VII. Boards, Commissions and Committees Section 32 - Member Residency Requirement: The Mayor shall appoint all boards, commissions and committees established by ordinance or charter, except the Audit Committee, with Council confirmation as required by ordinance. All members of boards, commissions and committees established by ordinance or charter shall be residents of the City for at least one year prior to appointment and eighteen years of age, unless otherwise provided by ordinance. Any member of a board, commission and committee established by ordinance or charter who is not a resident of the City at the time this provision takes effect shall serve out the balance of the term for which appointed. (Amended by election, 11/8/11) ARTICLE VIII. Recall, Initiative and Referendum Section 33 - Recall: The holder of any elective office may be recalled and removed from said office as provided in 29.82 RCW. (Amended by election, 11/8/11) Section 34 - Initiative and Referendum: (1) The powers of initiative and referendum shall be exercised in the manner set forth in RCW 35.17.240 through 35.17.360. (2) No ordinance heretofore or hereafter enacted by vote of the people shall be amended or repealed by the Coun- cil unless such amendatory or repealing ordinance shall be submitted to the qualified electors for their approval or rejection in the same manner as is required by this section in respect to the submission of an ordinance initiated or referred. (Amended by election, 11/8/11) ARTICLE IX. Franchises Section 35 - Franchises - Term - Renewal: No franchise shall ever be granted for a term longer than ten years, excepting upon a majority vote of the electors, and in no event will a franchise be granted for a period longer than fifty years, nor any franchise be renewed or extended until within two years of the expiration thereof. (Amended by election, 11/8/11) Section 36 - Franchise - Compensation - Publication: All franchises shall be granted by ordinance and shall specify plainly the streets or other public places or parts thereof to which they apply, and no franchise shall be provided without provision for proper compensation to the City therefor. Council shall adopt such mode of determining the compensation to be paid by such grantee as it shall determine to be reasonable and just. Every applicant for a franchise shall bear all expenses of advertising and submitting the proposed ordinance, including the expense of election, if any. (Amended by election, 11/8/11) Section 37 - Franchise - Council Rights: The grant of every franchise shall be made expressly subject to the condition that Council shall have the right with respect to any franchise so granted to hear and determine what are just, fair and reasonable rates, fares and charges for public service unless regulated by the State or Federal government, and to order that only reasonable charges shall be imposed; to require reasonable extensions of any public service system; to make such rules and regulations as may be (Revised 5/12)Charter-10 required to secure adequate and proper service, and to provide sufficient accommodation for the public; to repeal, amend or modify the same; to cancel, forfeit and abrogate the same if the franchise is not operated or exercised in full accordance with its provisions, or any part thereof, or at all; to acquire by purchase or condemnation upon a majority vote of the electors for the use of the City itself or its inhabitants, the property of the grantee at a fair and just value, which shall not include any valuation of the franchise, which shall thereupon terminate. (Amended by election, 11/8/11) Section 38 - Franchise - Transfers: No franchise shall be transferred, sold or leased without the consent of Council, under such terms and conditions as the Council may impose. (Amended by election, 11/8/11) ARTICLE X. Miscellaneous Section 39 - Legal Continuity: All ordinances and resolutions consistent with this Charter shall remain in effect until amended or repealed or until they expire by limitation. All rights and obligations in favor of or against the City existing at the time this Charter shall go into effect shall continue without modification. All street and other improvements, all vacations of public streets, alleys or places, all assessments for improvements, all suits and actions in court, all fines and forfeitures and all other matters relating to the City that may have been begun and not completed, shall be completed according to the charter, ordinances and law existing prior to the time this Charter shall go into effect, and all taxes and assessments levied and remaining unpaid when this Charter will go into effect, shall be collected as provided by ordinances and laws existing and in effect at the time same were levied. (Amended by election, 11/8/11) Section 40 - Employment Continuity: Whenever by the provisions of this Charter duties and functions are transferred to a different department, board or office, the employees engaged in the performance of such duties and functions at the time this Charter goes into effect, shall be transferred accordingly and be deemed to have been regularly appointed to the respective positions involved in the performance of such duties and functions, until removed therefrom in accordance with the provisions of this Charter. (Amended by election, 11/8/11) Section 41 - Report - Requisites of Claim - Time Limitations: All claims for damages for personal injuries or for injuries to property sustained by any act of the City or any officer, agent, servant, or employee, must be filed with the City Clerk. All such claims for damages must be in writing and verified and must accurately locate and describe the act causing the injury, describe the injury, giving the residence for six months last past of the claimant and contain the items of damage claimed. No action shall be maintained against the City for a claim for tort damages until the claim has been filed with the City Clerk and the time specified by State Law has elapsed after such presentation. (Amended by election, 11/8/11) ARTICLE XI. Amendments Section 42 - Conform to State Law: Amendments of this Charter shall follow and conform to the procedures set forth in the State Constitution and Laws of the State of Washington. (Amended by election, 11/8/11) 2.32-1 (Revised 5/12) Chapter 2.32 ARTS COMMISSION* Sections: 2.32.010 PURPOSE OF ARTS COMMISSION. 2.32.020 ARTS COMMISSION ESTABLISHED. 2.32.030 ART/ARTIST SELECTION. * Code reviser’s note: Ordinance 5167 suspends expenditures from the One Percent for the Arts fund until January 1, 2014, and extends the terms of the currently seated commissioners to the Arts Commission by two years. Contact the City for more infor- mation. 2.32.010 PURPOSE OF ARTS COMMISSION. (a) The City of Bremerton supports expanding experiences with the arts through public art to enhance the quality of life for its citizens. Public art has enabled people in all societies to understand more clearly their communities and individual lives. Artists creating art for public places benefits the community and enhances the City’s standing as a center for artists. A policy is therefore established to direct the inclusion of works of art in public places ("public art") in the City through a program to be known as the "one (1) percent for arts pro- gram," funded through a one (1) percent for arts fund as set forth in Chapter 3.12 BMC. In administering the arts program, it is the City’s desire to: (1) Enhance and enrich the City’s physical environment and public spaces. (2) Consider opportunities to celebrate the multicultural and diverse character of Bremerton. (3) Contribute a sense of ownership and pride in spaces and public facilities to Bremerton citizens. (Ord. 4940 §1 (part), 2005) 2.32.020 ARTS COMMISSION ESTABLISHED. (a) Membership. The Arts Commission shall con- sist of seven (7) members. Members shall include but not be restricted to representatives of: painters, sculp- tors, music, literature, architects, and landscape archi- tects. Appointment to the Arts Commission shall be made by the Mayor subject to confirmation by the City Council. (b) Terms. Terms of office shall consist of four (4) year staggered terms with the initial terms consisting of two (2) members with four (4) year terms, two (2) mem- bers with three (3) year terms, two (2) members with two (2) year terms and one (1) member with a one (1) year term. (c) Compensation. Commissioners shall serve without compensation. (d) Conflict of Interest. No City official or employee may be a member of the Arts Commission, nor may any citizen having a conflict of interest be a member of the Arts Commission. No Commission member may submit work for consideration during his/her term of office. As soon as a conflict of interest becomes apparent, the Commission member shall dis- close to each of the members voting on the matter the nature of his/her interest in the issue and shall be dis- qualified from participating in any debate, decision or vote relating to that issue. (e) Administrative Support. The Department of Community Development shall provide administrative support for and work with the Arts Commission to carry out its duties. (f) Maintenance. The Arts Commission shall oversee the conservation and maintenance of any public art and shall prepare reports as requested for submittal to the City Council on the condition and maintenance requirements of all public art. (g) Community Outreach. The Arts Commission shall support citizen forums and workshops, gather information and/or assist in education/informing the public about public art and the City’s public art collec- tion. (h) Rules and Procedures. The Arts Commission shall establish rules and procedures it deems necessary and appropriate to administer and implement the one (1) percent for arts program. These rules and procedures may address the following: (1) Methods for selection of artists and art for public art projects; (2) Incentives for the inclusion of art in pri- vate projects; (3) Artists’ rights and responsibilities relative to public art; (4) Maintenance and preservation of public art; (5) Decommissioning and removal of public art; (6) Public education and community out- reach; (7) Private funding and gifts for public art. (Ord. 4940 §1 (part), 2005) 2.32.030 ART/ARTIST SELECTION. (a) Planning. Artists may be selected to assist in the evaluation of options, strategies, limitations, oppor- tunities for art, and aesthetic design in capital projects before the scope, quality, schedule, and budget are fixed. (Revised 5/12)2.32-2 (b) Site-Specific Work. Artists may be selected to design artwork for a specific location. (c) Individual Works of Art. Artists may be com- missioned to create a work of art or existing works of art may be acquired. (Ord. 4940 §1 (part), 2005) 2.92-1 (Revised 5/12) Chapter 2.92 OFFICE OF RISK MANAGEMENT Sections: 2.92.010 CREATED. 2.92.020 FUNCTIONS. 2.92.030 RESPONSIBILITY - SAFETY, LOSS REDUCTION, PREVENTION. 2.92.040 INSURANCE/SELF- INSURANCE/POOLED COVERAGE PROGRAMS. 2.92.050 CLAIMS MANAGEMENT - SELF-INSURED WORKERS’ COMPENSATION CLAIMS. 2.92.060 CLAIMS MANAGEMENT - NON-LITIGATION CLAIMS. 2.92.070 CLAIMS MANAGEMENT - LITIGATION CLAIMS. 2.92.080 CLAIMS NEGOTIATION, DISCUSSION, AND REPORTING. 2.92.090 RECOVERY OF LOSSES. 2.92.010 CREATED. (a) Office. There is created the Office of Risk Management within the City Attorney’s Office. The supervisor of said office shall be the City Attorney, or designee. (b) Position. The Office of Risk Management shall be administered by the Risk Management Specialist, or other assigns, subject to the direction and supervision of the City Attorney, or designee. The Risk Management Specialist shall report directly to the City Attorney, or designee. The duties of the Risk Management Specialist may be assigned to one or more employees in the City Attorney’s Office who shall hereinafter be referred to in this chapter as "Risk Management Specialist." (c) References in Code. All references in the Bremerton Municipal Code to the Risk Manager shall mean the Risk Management Specialist. (Ord. 5075 §7 (part), 2009: Ord. 4966 §6 (part), 2006: Ord. 4808, Amended, 07/26/2002; Ord. 4556, Amended, 06/13/1996; Ord. 3394 §1, 1985) 2.92.020 FUNCTIONS. The Office of Risk Management shall be responsi- ble for: (a) Loss reduction or prevention where such reduction or prevention is cost effective; (b) Transfer of risks to other parties where feasible through the purchase of insurance, and/or risk retention through a system of self-insurance and/or participation in programs providing pooled coverage, in whatever combination is most responsible and cost effective; (c) Coordination and handling of all claims, including workers’ compensation claims; (d) Coordination with other City departments, through the City’s Safety and Health Committee and City Safety Officer, of an effective employee safety pro- gram within the City; and (e) Writing interdepartmental rules as he or she deems appropriate for the implementation and adminis- tration of this chapter. (Ord. 5181 §1, 2012: Ord. 5075 §7 (part), 2009: Ord. 4966 §6 (part), 2006: Ord. 4808, Amended, 07/26/2002; Ord. 4556, Amended, 06/13/1996; Ord. 3394 §2, 1985) 2.92.030 RESPONSIBILITY - SAFETY, LOSS REDUCTION, PREVENTION. (a) The Risk Management Specialist shall be responsible for risk identification, analysis and control and shall assist the City’s Safety and Health Committee and City Safety Officer with development and adminis- tration of the City’s Safety Program. (b) The Risk Management Specialist will assist the City’s Safety and Health Committee and City Safety Officer to provide safety training to all City employees and ensure that required certifications for employees are kept current. He or she shall also become actively involved in the ongoing training programs provided by Human Resources and other departments and ensure that a portion of that training is on safety awareness and loss prevention. (c) The Risk Management Specialist is a perma- nent member of the City’s Safety and Health Committee and shall work with the Committee to ensure compli- ance with all applicable WISHA directives, provide input, and offer advice and assistance in helping the Committee to achieve its stated goals. The Risk Man- agement Specialist shall maintain the file of minutes of each Committee meeting. (d) The City Attorney shall advise and recommend to all City departments appropriate contractual clauses providing for indemnity, hold harmless and insurance provisions. The Risk Management Specialist shall review all proposed City contracts, permits and leases to ensure that all contractual provisions relating to insur- ance, indemnity and hold harmless provisions ade- quately protect the City. (e) The Mayor shall have the authority to appoint and remove a City Safety Officer. The City Safety Officer may be an employee or a contract position. If a City of Bremerton employee, the appointed City Safety Officer shall report directly to his/her Department Director and shall perform the duties of City Safety Officer as established by policy by the Mayor. (Ord. 5181 §2, 2012: Ord. 5075 §7 (part), 2009: Ord. 4966 §6 (Revised 5/12)2.92-2 (part), 2006: Ord. 4808, Amended, 07/26/2002; Ord. 4556, Amended, 06/13/1996; Ord. 3994 §3, 1985) 2.92.040 INSURANCE/SELF- INSURANCE/POOLED COVERAGE PROGRAMS. The Risk Management Specialist is responsible for the procurement and administration of all insured, self- insured and/or pooled property, casualty and liability coverage programs: (a) The Risk Management Specialist may, with the approval of the City Attorney, negotiate with insurance brokers for any type of insurance and may recommend that the City engage the services of such brokers; (b) The Risk Management Specialist shall pur- chase, with the approval of the City Attorney and City Council, all insurance policies, funded self-insurance programs, pooled coverage and related services, and shall administer the same. The Risk Management Spe- cialist, with the approval of the City Attorney, is autho- rized to bind property, casualty, and surety insurance coverage without prior approval by City Council subject to budget authority. Within sixty (60) days of binding coverage, the Risk Management Specialist shall advise City Council that coverage was bound and seek City Council approval for continuation of the bound cover- age; (c) The Risk Management Specialist shall make an annual report to the City Council regarding insurance coverage and the level of retained risk, and such other reports as may be required by the Council. (Ord. 5075 §7 (part), 2009: Ord. 5007 §1, 2007: Ord. 4966 §6 (part), 2006: Ord. 4808, Amended, 07/26/2002; Ord. 4556, Amended, 06/13/1996; Ord. 3994 §4, 1985) 2.92.050 CLAIMS MANAGEMENT - SELF- INSURED WORKERS’ COMPENSATION CLAIMS. The Risk Management Specialist, or designee, shall be responsible for the direction and monitoring of all workers’ compensation claims to a fair and equitable conclusion. (a) Every employee shall immediately complete the appropriate report form when work-related injury or illness occurs and promptly forward same to the desig- nated supervisor, who is responsible for immediately forwarding to the Risk Management Specialist with any pertinent comments. The Risk Management Specialist shall complete the employer section. (b) The Risk Management Specialist may coordi- nate activity on workers’ compensation claims, includ- ing time loss, medical verification, and instruction involving progress of the claim. (c) The Risk Management Specialist shall coordi- nate with the City Attorney for retaining such outside expertise as necessary for the resolution of claims. These may include, but are not limited to, doctors, reha- bilitation specialists, and investigators. The City Attor- ney’s Office may elect to represent the City in all hearings and/or trials involving workers’ compensation claims, or appoint outside counsel. (d) The Human Resources Manager shall develop appropriate return-to-work opportunities for injured employees and, when feasible, will coordinate the implementation of specific return-to-work plans with the department heads involved. (Ord. 5075 §7 (part), 2009: Ord. 4966 §6 (part), 2006: Ord. 4808, Amended, 07/26/2002; Ord. 4556, Amended, 06/13/1996; Ord. 4461 §4, 1994; Ord. 3994 §5, 1985) 2.92.060 CLAIMS MANAGEMENT - NON-LITIGATION CLAIMS. The Risk Management Specialist shall be responsi- ble for the investigation and evaluation of all non-litiga- tion claims by or against the City. (a) The City Clerk is hereby designated to receive all claims. He/she shall forward to the Risk Manage- ment Specialist all non-litigation claims naming the City and/or its officers or employees, which claims allege that said officers or employees, acting within the scope of their duties, caused the claimant damages. (b) All City departments, divisions and other City agencies shall report immediately to the Risk Manage- ment Specialist the occurrence of any accident or inci- dent which may give rise to a claim by or against the City to ensure prompt investigation of the incident. (c) The Risk Management Specialist shall initiate and/or coordinate the investigation of all non-litigation claims. The Risk Management Specialist may employ, subject to the City Attorney’s approval, the services of claims specialists. All investigation of non-litigation claims and potential claims shall be conducted as the agent of the City Attorney, and protected by the attor- ney-client privilege and attorney work product rule, to the extent allowed by law. (d) The City Attorney shall have the authority to negotiate and approve the settlement of any non-litiga- tion claim; provided, however, the settlement of any such claim in excess of twenty-five thousand dollars ($25,000) shall require the approval of the Mayor and the settlement of any litigation claim in excess of fifty thousand dollars ($50,000) shall be subject to the approval of the City Council. (e) The Risk Management Specialist shall main- tain complete histories of all non-litigation claims reported to the Office of Risk Management, and investi- gation thereof sufficient to document at least a seven (7) year claims history or such other period of time deemed necessary for purposes of reporting claims history to insurance companies. (Ord. 5075 §7 (part), 2009: Ord. 4966 §6 (part), 2006: Ord. 4808, Amended, 07/26/2002; Ord. 4556, Amended, 06/13/1996; Ord. 3994 §6, 1985) 2.92-3 (Revised 5/12) 2.92.070 CLAIMS MANAGEMENT - LITIGATION CLAIMS. (a) Service of process on the Mayor, Mayor’s des- ignee or City Clerk shall constitute service on the City. No other City official or employee may accept service of a summons and/or complaint unless such official or employee is specifically named in the lawsuit. (b) The Mayor, Mayor’s designee or City Clerk or defendant employee, upon accepting service of the sum- mons and/or complaint, shall deliver copies to the City Attorney. (c) The Risk Management Specialist shall transmit copies of the lawsuit to the affected department and/or individual and, where appropriate, to the insurance com- pany, pool or representative. (d) The Risk Management Specialist shall initiate and/or coordinate the investigation of all lawsuits which may be insured against involving the City and/or its offi- cials/employees. The Risk Management Specialist may employ, subject to City Attorney’s approval, the ser- vices of claims specialists. All investigation of lawsuits shall be conducted as the agent of the City Attorney, and protected by the attorney-client privilege and attorney work product rule, to the extent allowed by law. (e) The City Attorney shall have the authority to negotiate and approve the settlement of any litigation claim; provided, however, the settlement of any such claim in excess of twenty-five thousand dollars ($25,000) shall require the approval of the Mayor and the settlement of any litigation claim in excess of fifty thousand dollars ($50,000) shall be subject to the approval of the City Council. (f) The City Attorney shall maintain complete his- tories of all lawsuits sufficient to document at least a seven (7) year claims history of same or such other period of time deemed necessary for purposes of report- ing claims history to insurance companies. (Ord. 5075 §7 (part), 2009: Ord. 4966 §6 (part), 2006: Ord. 4808, Amended, 07/26/2002; Ord. 4556, Amended, 06/13/1996; Ord. 3994 §7, 1985) 2.92.080 CLAIMS NEGOTIATION, DISCUSSION, AND REPORTING. (a) Except as specifically directed by the Mayor or City Attorney, no City department, division, or other City agency, and no City official or employee, other than the City Attorney or Risk Management Specialist, acting individually or collectively, may engage in the following acts: (1) Negotiate or otherwise effect the settle- ment of a claim or lawsuit involving the City; (2) Discuss with persons other than the Risk Management Specialist, Mayor, City Attorney, or per- sons authorized by the Risk Management Specialist, Mayor or City Attorney, incidents which could reason- ably lead to a claim or lawsuit against the City; pro- vided, however, that the employee may discuss the incident with his/her supervisor. (b) Prior to any formal settlement offer, the Risk Management Specialist shall be advised, in writing, of all proposed settlements of claims and lawsuits against the City. The Risk Management Specialist shall seek approval of its insurers, in conformance with the provi- sions of any insurance policies applicable to the claim or lawsuit. In the event the insurer does not provide neces- sary settlement approval, no settlement shall be made without the Mayor’s written approval and acknowledg- ment that the City’s insurers have withheld approval. (c) The Risk Management Specialist shall annu- ally report to the council the total number and amount of all claims filed against the City and the number and amounts of all claims or lawsuits paid by the City during the preceding calendar year. (Ord. 5075 §7 (part), 2009: Ord. 4966 §6 (part), 2006: Ord. 4808, Amended, 07/26/2002; Ord. 4556, Added, 06/13/1996. Formerly 2.92.075) 2.92.090 RECOVERY OF LOSSES. (a) Action for Recovery. The City Attorney shall be responsible for bringing all actions, including claims and lawsuits, for recovery of losses to the City arising out of the acts of others. Such losses may include prop- erty damage or losses which impact on the City as a result of personal injuries to City officers or employees. In addition, the City Attorney may join the City as a party with any third party in a lawsuit involving recov- ery of loss to the City. (b) Allocation of Recoveries. Any moneys recov- ered (excluding costs of recovery) by the City Attorney on account of losses to the City shall be paid to the bud- get unit or department which has expended funds and/or materials as a result of the loss. Any moneys in excess of those so expended shall be transferred to the risk management fund. (Ord. 5075 §7 (part), 2009: Ord. 4966 §6 (part), 2006: Ord. 4808, Amended, 07/26/2002; Ord. 4556, Amended, 06/13/1996; Ord. 3994 §8, 1985. Formerly 2.92.080) (Revised 5/12) 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 3.64 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 5/12) 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. * Code reviser’s note: Ordinance 5167 suspends expenditures from the One Percent for the Arts fund until January 1, 2014. Contact the City for more information. 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) (Revised 5/12)3.12-2 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 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. 3.12-3 (Revised 5/12) (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 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) 3.50-1 (Revised 5/12) Chapter 3.50 UTILITY TAXES Sections: 3.50.010 EXERCISE OF REVENUE LICENSE POWER. 3.50.020 BUSINESS LICENSE - REQUIRED. 3.50.030 ADMINISTRATIVE PROVISIONS. 3.50.040 DEFINITIONS. 3.50.050 PERSONS SUBJECT TO TAX - AMOUNT. 3.50.060 DEDUCTIONS. 3.50.070 TAX - WHEN DUE. 3.50.080 RULES AND REGULATIONS. 3.50.090 SEVERABILITY. 3.50.010 EXERCISE OF REVENUE LICENSE POWER. The provisions of this chapter shall be deemed an exercise of the power of the City to license and/or tax for revenue. The provisions of this chapter are subject to periodic statutory or administrative rule changes or 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. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003) 3.50.020 BUSINESS LICENSE - REQUIRED. It is unlawful for any person to engage in business in the City without having first obtained a business license pursuant to Chapter 5.02 BMC. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003) 3.50.030 ADMINISTRATIVE PROVISIONS. The provisions contained in Chapter 3.86 BMC shall be fully applicable to the provisions of this chapter except as expressly stated to the contrary herein. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003) 3.50.040 DEFINITIONS. For the purposes of this chapter, the definitions con- tained in Chapter 3.48 BMC shall apply equally to the provisions of this chapter as applicable unless the term is defined otherwise in this chapter. In addition, the fol- lowing definitions will apply: "Cellular telephone service" is a voice or data tele- phone/telecommunications system based in whole or substantial part on wireless radio communications, whether or not the communications are subject to regu- lation by the Washington Utilities and Transportation Commission (WUTC). This includes cellular mobile service. Cellular mobile service includes other wireless radio communications services such as specialized mobile radio (SMR), personal communications services (PCS), and any other evolving wireless radio communi- cations technology which accomplishes the same pur- pose as cellular mobile service. "Competitive telephone service" means the providing by any person of telephone telecommunications equip- ment or apparatus, or service related to that equipment or apparatus such as a repair and maintenance service, if the equipment or apparatus is of a type which can be provided by persons who are not subject to regulation as telephone companies under RCW Title 80, and for which a separate charge is made. "Gross income" means the value proceeding or accru- ing by reason of the business activity engaged in and operations incidental thereto, and includes gross pro- ceeds of sales, compensation for the rendition of ser- vices and other emoluments, but without any deduction on account of the cost of the commodity furnished or sold, the cost of materials used, labor costs, interest, dis- count, delivery costs, taxes, or any other expense what- soever paid or accrued and without any deduction on account of losses. "Gross income from timber sales" means "stumpage value of timber" as defined in Chapter 84.33 RCW minus the costs of production including, but not limited to, logging and trucking costs, fees and excise taxes. "Page service" means service provided by means of an electronic device that has the ability to send or receive voice or digital messages transmitted through the local telephone network, via satellite or any other form of voice or data transmission. "Reporting period" means a one (1) month period beginning the first day of each calendar month (monthly). "Solid waste collection service" means receiving solid waste from any facility or location within the City for transfer, processing, treatment, storage, or disposal, including, but not limited to, all collection services, pub- lic or private dumps or landfills, transfer stations, and other similar operations. "Solid waste," for purposes of this chapter, means gar- bage, trash, rubbish, or other material discarded as worthless or not economically viable for further use, infectious, hazardous, or toxic wastes, and recyclable or reusable materials collected, in whole or part, for recy- cling or salvage. "Telephone business" means the providing by any per- son of access to a local telephone network, local tele- phone network switching service, toll service, cellular or mobile telephone service, coin telephone service, page service, or the providing of telephonic, video, data, or similar communication, or transmission for hire, via a local telephone network, toll line or channel, cable, (Revised 5/12)3.50-2 microwave, or similar communication or transmission system. The term includes cooperative or farmer line telephone companies or associations operating exchanges. The term also includes the provision of transmission to and from the site of an internet provider via a local telephone network, toll line or channel, cable, microwave, or similar communication or transmission system. "Telephone business" does not include the pro- viding of competitive telephone service, or providing of cable television service, or other providing of broadcast services by radio or television stations. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003) 3.50.050 PERSONS SUBJECT TO TAX - AMOUNT. In addition to other taxes or fees that may be imposed or levied by the City, there is hereby levied upon all persons (including the City) engaging in busi- ness within the City, a fee or tax to be collected as fol- lows: (a) Gas. Upon every person engaging in the busi- ness of transmitting, distributing or selling of manufac- tured or natural gas, a fee or tax equal to six (6) percent of the total gross income from such business conducted within the City. (b) Water. Upon every person engaging in the business of providing water utility service, a fee or tax equal to nine and one-half (9.5) percent of the total gross income from such business conducted within the City. The total gross income from the business of providing water utility service includes the "gross income from timber sales" of the utility as that term is defined in this chapter. (c) Wastewater. Upon every person engaging in the business of providing wastewater utility service, a fee or tax equal to fourteen (14) percent of the total gross income from such business conducted within the City. (d) Stormwater. Upon every person engaging in the business of providing stormwater utility service, a fee or tax equal to fourteen (14) percent of the total gross income from such business conducted within the City. (e) Cable. Upon every person engaging in the business of transmitting television signals by means of a cable distribution system commonly known as televi- sion cable service, a fee or tax equal to seven (7) percent of the total gross income from such business conducted within the City. (f) Solid Waste. Upon every person engaging in the business of providing solid waste collection service, a fee or tax equal to nine and one-half (9.5) percent of the total gross income from such business conducted within the City. (g) Electricity. Upon every person engaging in the business of producing, transmitting, distributing or sell- ing electricity, a fee or tax equal to six (6) percent of the total gross income from such business conducted within the City. (h) Telephone. Upon every person engaged in car- rying on a telephone business for hire or for sale of a commodity or a service within or partly within the cor- porate limits of the City, a tax for the privilege of so doing business equal to six (6) percent of the total gross income rendered within the City. (1) Deductions. In computing the telephone tax, there shall be deducted from the gross operating revenues the following items: (i) Amounts derived from transactions in interstate or foreign commerce or from any business which the City is prohibited from taxing under the Con- stitution of the United States or the State of Washington. (ii) Amounts derived from that portion of network telephone service, as defined in RCW 82.04.065, which represents charges to another telecom- munications company, as defined in RCW 80.04.010, for connecting fees, switching charges or carrier access charges relating to intrastate toll telephone services, or for access to, or charges for, interstate services or charges for network telephone service that is purchased for the purpose of resale. (iii) Adjustments made to a billing or to a customer account or to a telecommunications company accrual account in order to reverse a billing or charge that had been made as a result of third-party fraud or other crime and was not properly a debt of a customer. (iv) A complete deduction from gross income shall be allowed for credit losses, only to cellu- lar telephone service companies which keep their regu- lar books of account on an accrual basis, for cash discounts and credit losses actually sustained by a tax- payer as a result of telephone service business. (2) Allocation of Income - Cellular Telephone Service. (i) Service Address. Payments by a cus- tomer for the telephone service from telephones without a fixed location shall be allocated among taxing jurisdic- tions to the location of the customer’s principal service address during the period for which the tax applies. (ii) Roaming Phones. When the service is provided while a subscriber is roaming outside the sub- scriber’s normal cellular network area, the gross income shall be assigned consistent with the taxpayer’s account- ing system to the location of the originating cell site of the call, or to the location of the main cellular switching office that switched the call. (i) Additional Payment in Lieu of Tax Fee. In addition to the fees set forth in subsection (b) of this sec- tion for water, subsection (c) of this section for waste- water and subsection (d) of this section for stormwater, there shall be effective January 1, 2012, an additional 3.50-3 (Revised 5/12) payment in lieu of tax fee of six (6) percent for water, six (6) percent for wastewater and six (6) percent for storm- water. (Ord. 5170 §1, 2011: Ord. 5096 §1, 2009: Ord. 5078 §1, 2009: Ord. 5065 §1, 2008: Ord. 4988 §4, 2006; Ord. 4918 §1, 2004; Ord. 4895 §2, 2004; Ord. 4882 §1, 2003; Ord. 4844, Added, 01/03/2003) 3.50.060 DEDUCTIONS. (a) There may be deducted from the total gross income, upon which the license fee or tax is computed, revenues derived from business which the City is pro- hibited from taxing under the Constitutions or laws of the State of Washington or the United States or the Charter of the City. (b) There may be deducted from the total gross income, upon which the license fee or tax is computed, the amount of State excise taxes, pursuant to Chapter 82.18 RCW, imposed directly upon persons using the service of a solid waste collection business and collected for payment to the State by the solid waste collection business. (c) There may be deducted from the total gross income, upon which the license fee or tax is imposed under BMC 3.50.050, revenues derived from providing the service of collecting recyclable materials, as fol- lows: (1) Commercial Recycling. Revenues derived from the service of collecting commercial recyclable materials. This exemption is limited to materials actu- ally resold and computed in proportion to weight, as fol- lows: (i) Any weight added by processing or treatment after collection is subtracted from the weight as sold to obtain the allowable weight as sold; and (ii) Revenues are multiplied by a fraction, the numerator of which is the allowable weight as sold and the denominator of which is the weight as collected. (2) This deduction does not apply to any energy recovery or fuel-use process, nor in any case where materials collected have not been sold for com- mercial reuse within one hundred (100) days from the date of collection. This period may be extended when a taxpayer shows to the Department’s satisfaction that market conditions necessitate a longer period for sale. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003) 3.50.070 TAX - WHEN DUE. The tax imposed by this chapter shall be due and payable in monthly installments. (Ord. 4895 §2, 2004) 3.50.080 RULES AND REGULATIONS. The Director may establish administrative rules and regulations as deemed appropriate, consistent with this chapter for the purpose of enforcing and carrying out its provisions. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003. Formerly 3.50.070) 3.50.090 SEVERABILITY. If any provision or section of this chapter shall be held void or unconstitutional, all other parts, provisions, and sections of this chapter not expressly so held to be void or unconstitutional shall continue in full force and effect. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003. Formerly 3.50.080) 3.82-1 (Revised 5/12) Chapter 3.82 COMMERCIAL PARKING TAX Sections: 3.82.010 DEFINITIONS. 3.82.020 TAX RATE - WHO MUST PAY. 3.82.030 PAYMENT OF TAX. 3.82.040 TAX - COLLECTION. 3.82.050 OVER OR UNDERPAYMENT OF TAX. 3.82.060 PENALTY FOR LATE PAYMENT. 3.82.070 VIOLATION - PENALTY. 3.82.080 APPEAL PROCEDURE. 3.82.090 CONFIDENTIALITY OF TAX RETURNS. 3.82.100 DUTIES OF THE TREASURER. 3.82.110 USE OF PROCEEDS OF TAX. 3.82.010 DEFINITIONS. For the purposes of this chapter, the following def- initions shall apply unless the context indicates other- wise: A. "Commercial parking business" means the ownership, lease, operation, or management of a com- mercial parking lot in which fees are charged. B. "Commercial parking lot" means a covered or uncovered area with stalls for the purpose of parking motor vehicles. C. "Treasurer" means the Treasurer of the City of Bremerton. D. "Gross proceeds" means and includes the gross receipts collected or accruing by reason of the transac- tion of the commercial parking business, without any deduction on account of the cost of tangible property sold, labor costs, interest, discount, taxes, or any other costs or expenses whatsoever paid or accrued and with- out any deduction on account of losses. E. "Person" means any individual, association, corporation, partnership, joint venture, trust, or other entity. (Ord. 4732, Reaffirmed, 11/30/2000; Ord. 4679, Added, 12/16/1999) 3.82.020 TAX RATE - WHO MUST PAY. There is levied upon and shall be collected from every person engaged in a commercial parking business within the City a commercial parking tax in an amount equal to fifteen percent (15%) of the gross proceeds of the commercial parking business. (Ord. 5169 §1, 2011: Ord. 4879 §1, 2003; Ord. 4840, Amended, 01/03/2003; Ord. 4732, Reaffirmed, 11/30/2000; Ord. 4679, Added, 12/16/1999) 3.82.030 PAYMENT OF TAX. A. The tax imposed by this chapter shall be due and payable in quarterly installments, on or before the last day of the month next succeeding the end of the quarterly period in which the tax accrued. The quarterly periods are as follows: 1. First quarter: January, February, March 2. Second quarter: April, May, June 3. Third quarter: July, August, September 4. Fourth quarter: October, November, December B. The Treasurer may require payment of the tax to be accompanied by a written tax return, upon such form and setting forth such information as the Treasurer may reasonably require in order to calculate the amount of tax due to the City. C. The Treasurer shall have the right to require proof of the gross proceeds of the commercial parking business. Each person required to pay the tax imposed by this chapter shall retain records reflecting the gross proceeds of the commercial parking business and the records shall be open at all reasonable hours to inspec- tion by the Treasurer or the Treasurer’s designee. D. If the payment of any tax due under this chap- ter is not received by the City by the last day of the month in which the tax becomes due, the tax shall be delinquent. (Ord. 4732, Reaffirmed, 11/30/2000; Ord. 4679, Added, 12/16/1999) 3.82.040 TAX - COLLECTION. The tax imposed by this chapter, and all penalties thereon, shall constitute a debt to the City and may be collected by court proceedings in the same manner as any other debt in like amount, which remedy shall be in addition to all other existing remedies. Any judgment entered in favor of the City shall include an award to the City of all court and collection costs, including attor- neys’ fees. Amounts delinquent more than ninety (90) days may be assigned to a third party for collection, in which case the amount of any collection charges shall be in addition to all other amounts owed. Amounts due shall not be considered paid until the City has received good funds for the full amount due or has discharged the amount due and not paid. (Ord. 4732, Reaffirmed, 11/30/2000; Ord. 4679, Added, 12/16/1999) 3.82.050 OVER OR UNDERPAYMENT OF TAX. In the event that a person makes an overpayment, and within two (2) years of the date of such overpay- ment makes application for a refund or a credit, the per- son’s claim shall be allowed and a refund made by the City upon determination by the Treasurer that no other sums are owed by the person to the City. If a person determines that the tax has been underpaid and without notice by any party pays the amount due to the City, the (Revised 5/12)3.82-2 amount underpaid and corrected by the person shall not be subject to penalty. (Ord. 4732, Reaffirmed, 11/30/2000; Ord. 4679, Added, 12/16/1999) 3.82.060 PENALTY FOR LATE PAYMENT. (a) If payment of any tax due under this chapter is not received by the treasurer by the last day of the month in which the tax was due, there shall be added to such tax a penalty as follows: (1) One (1) to thirty (30) days, ten percent (10%) of tax due, minimum penalty of twenty-five dol- lars ($25.00); (2) Thirty-one (31) to sixty (60) days, fifteen percent (15%) of tax due, minimum penalty of fifty dol- lars ($50.00); (3) Sixty-one (61) days or more, twenty per- cent (20%) of tax due, minimum penalty of seventy-five ($75.00). (b) The treasurer shall notify the taxpayer by mail of the amount of any penalties so added or assessed, and the same shall become due and shall be paid within ten (10) days from the date of such notice. (Ord. 4732, Reaf- firmed, 11/30/2000; Ord. 4679, Added, 12/16/1999) 3.82.070 VIOLATION - PENALTY. A. It shall be a violation of this chapter: (1) For a person required to pay a tax under this chapter to fail or refuse to pay the tax imposed; (2) For a person to evade payment of the tax, or any part thereof; (3) For a person to fail to appear and/or refuse to testify in response to a subpoena issued in any pro- ceeding under this chapter; (4) For a person to testify falsely upon any investigation into the correctness of a return, or upon the hearing of any appeal; or (5) For a person to in any manner hinder or delay the City or any of its officers in carrying out the provisions of this chapter. B. A person violating any of the provisions of this chapter, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500.00). A person is guilty of a separate offense for each and every day during the portion of which any violation of any provision of this chapter is committed, continued or per- mitted by any such person, and shall be punished accordingly. (Ord. 4732, Reaffirmed, 11/30/2000; Ord. 4679, Added, 12/16/1999) 3.82.080 APPEAL PROCEDURE. Any person aggrieved by the amount of the tax determined to be due to the City by the Treasurer under the provisions of this chapter, may appeal to the Hear- ings Examiner from such determination by filing a writ- ten notice of appeal pursuant to Chapter 2.62 of the Bremerton Municipal Code. (Ord. 4732, Reaffirmed, 11/30/2000; Ord. 4679, Added, 12/16/1999) 3.82.090 CONFIDENTIALITY OF TAX RETURNS. The tax returns made to the City pursuant to this chapter shall not be made public, nor shall they be sub- ject to inspection by a person who is not an employee of or under contract to the City and who is not acting in an official capacity. It shall be unlawful for any person to make public or to inform any unauthorized person as to the contents of a tax return, or to permit inspection of a tax return, except as authorized in this section or as required by law. This section shall not be construed to prohibit the disclosure of information received under this chapter to the Federal Internal Revenue Service, State Department of Revenue, or to tax enforcement officials of any other city in the State of Washington for official purposes only, and this section shall not be con- strued to prohibit or make unlawful the disclosure of the name and address of any person licensed under this chapter, or of any person signing an application on behalf of an applicant. (Ord. 4732, Reaffirmed, 11/30/2000; Ord. 4679, Added, 12/16/1999) 3.82.100 DUTIES OF THE TREASURER. A. The Treasurer shall keep full and accurate records of all funds received under the provisions of this chapter. Upon receipt of any tax or penalty collected under the provisions of this chapter, the Treasurer shall deposit the amounts collected into the street fund of the City. B. In order to carry out the provisions of this chapter, the Treasurer shall have the power to adopt, publish and enforce rules and regulations consistent with this Chapter. C. The Treasurer for good cause shown may extend the time for making and filing any tax return required under this chapter; provided, that any extension in excess of thirty (30) days shall be conditioned upon payment of interest of one percent (1%) for each thirty (30) days or portion thereof on the amount of tax from the date upon which the tax became due. (Ord. 4732, Reaffirmed, 11/30/2000; Ord. 4679, Added, 12/16/1999) 3.82.110 USE OF PROCEEDS OF TAX. The proceeds of the tax imposed and collected pur- suant to this chapter shall be used strictly for transporta- tion purposes in accordance with RCW 82.80.070. (Ord. 4732, Reaffirmed, 11/30/2000; Ord. 4679, Added, 12/16/1999) 9A.44-1 (Revised 5/12) 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.44.110 LASERS. 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) (Revised 5/12)9A.44-2 9A.44.065 URINATING IN PUBLIC. (a) A person is guilty of the crime of urinating in public if he or she intentionally urinates or defecates in a public place, other than a washroom or toilet room, or at a place and under circumstances where such act could be observed by any member of the public. (b) Any violation of the provisions of this section shall be an infraction, and any person found in violation shall be subject to a penalty not to exceed two hundred fifty dollars ($250.00). (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) 9A.44.110 LASERS. Chapter 9A.49 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. 5165 §1, 2011) 10.04-1 (Revised 5/12) 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 is unlawful for any person to operate a motor vehicle in an inattentive manner. For the purposes of this section, "inattentive manner" means the operation of a motor vehicle in such a manner which evidences a lack of the degree of attentiveness required to safely operate the vehicle under the prevailing conditions of the road- way, presence of other traffic, presence of pedestrians, presence of traffic control devices or signage, presence of property, and/or weather conditions. (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 subject to a penalty of one hundred twenty- four dollars ($124.00). (Ord. 5182 §1, 2012: 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) (Revised 5/12)10.04-2 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 provisions of BMC Chapter 1.12. (Ord. 4733, Reaf- firmed, 11/30/2000; Ord. 4680, Amended, 12/17/1999; Ord. 3614 §4, 1981) 10.10-3 (Revised 5/12) 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 boundary of a restricted parking area for a period of one (1) year following a successful petition. [The histori- cally impacted areas and non-historically impacted areas are shown on the map. See Appendix Figure 060.] (a) Two (2) Hour Zone. If the residents of a block wish to have their area restricted to two (2) hour park- ing, they must: (1) Submit a verified petition of at least two- thirds of the residents of the block indicating support for the change to a Two (2) Hour Zone; and (2) The Director must make a finding that: (i) There is an identifiable parking gen- erator; (ii) It appears that seventy-five percent (75%) or more of the parking spaces located on the peti- tioning block are being used at peak parking hours; and (iii) The conditions described in subsec- tions (a)(2)(i) and (ii) of this section exist on at least three (3) contiguous blocks. (b) One (1) Hour Zone. If the residents of a block wish to have their area restricted to one (1) hour parking, they must: (1) Submit a verified petition of at least two- thirds of the residents of the block indicating support for the change to a One (1) Hour Zone; and (2) Show evidence that the affected block has been restricted to two (2) hour parking or permit only parking for at least the last twelve (12) months. (c) Permit Only Zone. If the residents of a block wish to have their block restricted to permit only park- ing, they must: (1) Submit a verified petition of at least eighty percent (80%) of the residents of the block indicating support for the change to a Permit Only Zone; and (2) Show evidence that the affected block has been restricted to one (1) hour parking or two (2) hour parking for at least twenty-four (24) combined months; however, the twelve (12) months immediately preced- ing the submission of the petition must have been spent as a One (1) Hour Parking Zone; and (3) Show evidence that the affected block has been given one of the following zoning designations: SF-1, SF-2, SF-3, DR, MF, CBR, or MR; and (4) Pay the City, in accordance with Chapter 3.01 BMC, Rate Table B, for a parking capacity survey to be conducted to determine if the petition area is dis- proportionately impacted by non-resident parking. The Director is authorized to set the criteria for this determi- nation. Such criteria must be based on the percentage of parking spaces occupied at peak parking hours and on the percentage of occupied spaces, at peak parking hours, that are occupied by non-residents. (i) If the results of the survey conclude that the petition area is disproportionately impacted by non-resident parking, then the Director of Public Works shall designate the petition area a Permit Only Zone and the designation shall become effective following the appeal period and upon posting as provided for in BMC 10.10.050. (ii) If the results of the survey conclude that the petition area is not disproportionately impacted by non-resident parking, then the petition shall fail and the residents shall not be entitled to submit a new peti- tion for a period of one (1) year. (Ord. 4865 §3 (in part), 2003) 10.10.070 RESTRICTED PARKING ZONE PETITIONS IN HISTORICALLY IMPACTED AREAS. The residents of a historically impacted area may have their area restricted to either two (2) hour parking, one (1) hour parking or permit only parking by submit- ting a verified petition of at least two-thirds (2/3) of the residents of the block indicating support for the change to either two (2) hour parking, one (1) hour parking or to permit only parking, respectively. No other steps are necessary. The change shall become effective following the appeal period and posting as required under BMC 10.10.050. Residents of the affected area may only peti- tion for a change once every twelve (12) months. [The historically impacted areas and non-historically impacted areas are shown on the map. See Appendix Figure 060.] (Ord. 4865 §3 (in part), 2003) 10.10.080 ELIGIBILITY CRITERIA FOR PERMIT. Residential parking permits may be issued for motor vehicles not in excess of ten thousand (10,000) pounds only upon application of the following persons: (a) A legal resident of the restricted parking permit area who has a motor vehicle registered in his name, or who has a motor vehicle for his exclusive use and under his control. (b) A person who owns or leases commercial property and actively engages in business activity within a restricted parking permit area. There shall be a limit of two (2) residential parking permits issued per dwelling unit/business location, unless parking availability allows a greater number not to exceed four (4) permits per dwelling unit as deter- mined by the Director in his or her sole discretion. (Ord. 4865 §3 (in part), 2003) (Revised 5/12)10.10-4 10.10.090 PERMIT - ISSUANCE - DISPLAY. Parking permits shall state thereon the particular residential parking permit area, the license number of the motor vehicle for which it is issued and the expira- tion date. Permits shall be displayed so as to be clearly visible through the rear window of the vehicle on the left side thereof. A residential parking permit shall not guar- antee or reserve to the holder thereof an on-street park- ing space within the designated residential parking area. (Ord. 4865 §3 (in part), 2003) 10.10.100 PERMIT - RENEWAL - DURATION. Each residential parking permit issued shall be valid for the remainder of the calendar year of issuance plus two (2) calendar years, except residential parking permits issued in the year 2003, which shall expire on December 30, 2006. Permits may be renewed upon expiration. (Ord. 4865 §3 (in part), 2003) 10.10.110 PERMIT - VISITOR. Visitor parking permits are authorized for residents of a residential parking permit area for bona fide tran- sient use. No dwelling unit or place of business located in a restricted parking permit area shall be issued more than one (1) visitor permit. It shall be the responsibility of the resident to control the use of the permit. Bona fide transient uses include: visiting guests, babysitters, repair persons and other similar visitors. The following is pro- hibited: (a) Parking in excess of seven (7) days within any thirty (30) day period unless approved administratively prior to such use; or (b) Parking more than one (1) block from the per- mitted residence. (Ord. 4865 §3 (in part), 2003) 10.10.120 PERMIT - LANDLORD. Landlords can qualify for a two (2) month visitor permit for building improvements if the residence is vacant. Upon request a one (1) month extension will be granted. Any extension beyond the automatic one (1) month extension must be accompanied by a detailed timeline for completing the building improvement as well as any required permits from the Department of Community Development. (Ord. 4865 §3 (in part), 2003) 10.10.130 SERVICE VEHICLES. (a) Clearly marked service or delivery vehicles are exempt from the time zone requirements while provid- ing service or making deliveries to dwellings within a restricted parking permit area. Service vehicles shall comply with time limits for parking in commercial zones. (b) Individuals working in a home service industry (home health care, etc.) may apply for an occupational permit to park in a restricted parking permit area. The City may require proof of ongoing continuous work as a condition to maintain a valid permit. (Ord. 4865 §3 (in part), 2003) 10.10.140 PARKING FOR DISABLED PERSONS. (a) As authorized pursuant to RCW 46.61.582, a person who has received a current and valid special dis- abled person’s card, decal or license plate from the Washington State Department of Licensing under RCW 46.19.050 shall be allowed to park a vehicle being used to transport such person in parking meter spaces free of charge and in nonmetered spaces for unlimited periods of time in parking zones or areas which are otherwise restricted as to the length of time parking is permitted except as otherwise provided in subsection (b) of this section. This section shall have no application to those zones or areas in which the stopping, parking or stand- ing of all vehicles is prohibited or which are reserved for special types of vehicles. Such person shall not be per- mitted the foregoing privilege unless the person obtains and displays a distinguishing card, decal, or license plate issued pursuant to RCW 46.19.050. (b) No person shall stop, stand or park a vehicle in a parking space reserved for disabled persons provided on street or on private property without charge without obtaining and displaying a special license plate, card, or decal issued pursuant to RCW 46.19.050; provided, pur- suant to RCW 46.19.050, a time limitation of four (4) hours is imposed on the use of such parking spaces for on-street parking when so signed and a time restriction of four (4) hours is imposed on the use of nonreserved, on-street parking spaces by vehicles displaying the spe- cial parking placards when such time restriction is clearly posted. (c) A parking space or stall for a disabled person shall be identified as described in RCW 46.61.581, including fine, time limitation (if applicable), and tow- away information. Notwithstanding any provision in this chapter, in accordance with RCW 46.61.581, failure of the person owning or controlling the property where required parking spaces are located to erect and main- tain the sign is a Class 2 civil infraction under Chapter 7.80 RCW for each parking space that should be so des- ignated. The person owning or controlling the property where the required parking spaces are located shall ensure that the parking spaces are not blocked or made inaccessible, and failure to do so is a Class 2 civil infrac- tion. (d) No person shall make inaccessible the access aisle located next to a space reserved for physically dis- abled persons. (e) Notwithstanding any provision in this chapter, the City’s Police Department is authorized to appoint volunteers, with a limited commission, to issue notices 10.10-5 (Revised 5/12) of infractions for violations of the City’s disabled park- ing regulations. Volunteers must be at least twenty-one (21) years of age and meet such additional qualifications as established by the City’s Police Department. A notice of infraction issued by a volunteer appointed under this 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. 5174 §1, 2011: 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 5/12) 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 - ENFORCEMENT. 10.11.060 OTHER ENFORCEMENT. 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 Scrip. It is unlawful to manufacture, use or possess any counterfeit of an official token, parking permit or scrip 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 46.19.050. 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 46.19.050 to violate any time restrictions imposed on nonmetered, on-street parking places reserved for persons with physical disabilities as well as nonreserved, on-street parking spaces. (g) Expired Registration. It is unlawful to park any vehicle in a public right-of-way or on public property (Revised 5/12)10.11-2 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. 5174 §2, 2011: 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- 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- 10.11-3 (Revised 5/12) 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 - ENFORCEMENT. (a) In addition to the enforcement provisions of BMC 10.11.040, if any person fails to respond to three (3) or more outstanding infractions for parking a vehicle in violation of this title, the City Attorney may mail a declaration of vehicle nuisance to the registered and legal owners of said vehicle as shown by the records of the Washington State Department of Licensing inform- ing them that the cited vehicle shall be declared a nui- sance 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 (3) or more outstanding infractions for parking. (c) If the registered or legal owner fails to respond under this section to a declaration of vehicle nuisance, the City Police Department or its designee may impound or immobilize said vehicle. If impounded or immobi- lized, the vehicle shall not be released until (1) the Police Department, or its designee, or towing company receives a receipt or other notice from the court showing that all infractions and crimes relating to standing, stop- ping 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. 5174 §3, 2011: 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 OTHER ENFORCEMENT. In addition to those penalties established pursuant to this title, a vehicle in violation of any of the parking regulations established herein may be impounded by a registered tow truck operator at the direction of a law enforcement officer pursuant to those requirements established in WAC 308-330-406 and other related sec- tions of the Model Traffic Ordinance as adopted by Chapter 10.04 BMC. Such impound shall occur upon receipt of a signed authorization for the impound pro- vided by the officer at the time and place of the impound. (Ord. 5174 §4, 2011: 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) (Revised 5/12) Title 11 STREETS AND RIGHTS-OF-WAY Chapters: 11.01 GENERAL PROVISIONS FOR TELECOMMUNICATIONS SYSTEMS 11.02 RIGHT-OF-WAY USE 11.03 SPECIAL RULES APPLICABLE TO TELECOMMUNICATIONS FACILITIES AND TELECOMMUNICATIONS SERVICE PROVIDERS 11.04 LOCAL IMPROVEMENT DISTRICTS 11.05 PRIVATE COMMUNICATIONS FACILITIES 11.06 MISCELLANEOUS PROVISIONS FOR TELECOMMUNICATIONS SYSTEMS 11.08 SIDEWALKS - CONSTRUCTION, RECONSTRUCTION AND REPAIR 11.10 SIDEWALKS - DUTIES OF ABUTTING PROPERTY OWNERS 11.12 TRANSPORTATION DEVELOPMENT CODE 11.15 ON STREET PAID PARKING 11.18 ADDRESSING 11.20 VACATION OF PUBLIC RIGHTS-OF-WAY 11.25 TRANSPORTATION BENEFIT DISTRICT 11.18-1 (Revised 5/12) Chapter 11.18 ADDRESSING Sections: 11.18.010 PURPOSE. 11.18.015 POWERS AND DUTIES OF DEPARTMENT. 11.18.020 ADDRESS GRID MAP. 11.18.030 DEFINITIONS. 11.18.040 DESIGNATION OF WAY OF TRAVEL. 11.18.050 COMPLIANCE WITH ADOPTED CODES. 11.18.060 NUMERICAL DESIGNATION OF BUILDINGS AND REAL PROPERTY. 11.18.070 DENOTING OF WAYS OF TRAVEL (STREET NAMING). 11.18.090 DISPLAY OF DESIGNATIONS. 11.18.100 ENFORCEMENT. 11.18.010 PURPOSE. This chapter provides the procedures and guide- lines for regulating addressing within the City of Bremerton. (Ord. 5171 §1 (part), 2011) 11.18.015 POWERS AND DUTIES OF DEPARTMENT. (a) The City Engineer, or his or her designee, is authorized and empowered to assign and/or change numerical address designations of buildings and real property. (b) New addresses shall be assigned in conjunc- tion with an approved building permit and/or during the plat approval process. (c) Public street names shall be established during the plat approval process or by a resolution adopted by the City Council. Private street names shall be estab- lished and approved by the City Engineer in accordance with this chapter. (d) The City Engineer, or his or her designee, is authorized to administer and implement the provisions of this chapter and develop policies and procedures nec- essary to ensure the proper implementation of these pro- visions. (e) The City Engineer, or his or her designee, is authorized and empowered to designate streets if deter- mined to be in the interest of public safety. If there are multiple segments or branches of a street, it will be at the City Engineer’s discretion, in cooperation with Cen- com, as to the number of street names assigned. (f) The processing fees for assignment of new addresses and petitions for street naming shall be in accordance with BMC 3.01.010 (Public Works and Util- ities - Rate Table G). (g) The City Engineer, or his or her designee, is authorized and empowered to deviate from the address- ing criteria established by this chapter for the designa- tion of streets and the addressing of property as deemed necessary for public safety purposes. (Ord. 5171 §1 (part), 2011) 11.18.020 ADDRESS GRID MAP. This chapter recognizes the Kitsap County Official Addressing Map and the mapping grid established by City Ordinance No. 837, dated June 1, 1928. The maps will be utilized as a guide for assigning addresses within the City of Bremerton. (Ord. 5171 §1 (part), 2011) 11.18.030 DEFINITIONS. Unless the context clearly indicates otherwise, the following terms shall be defined as follows: (a) "Address" means the appropriate combination of address number (numerical designation), directional prefix or suffix, street name, and street type, e.g., 2300 E. 11th Street. (b) "Address grid system" means the theoretical network established by Kitsap County and as modified for the 1928 address grid map as established per the City of Bremerton Ordinance No. 837 which is a theoretical network of uniformly spaced horizontal and perpendic- ular lines used to establish regularly spaced intervals as the basis for assigning address numbers. (c) "Avenue" means a way of travel that runs gen- erally north and south. (d) "Boulevard" means a way of travel where the lanes of travel are separated, for example, by a barrier, landscaped area, or similar divider. (e) "Circle" means a small, loop-type way of travel where exit and entry are the same. (f) "Commercial occupancies," for addressing purposes, means all other occupancy groups not defined as residential occupancies. (Typically constructed in accordance with the International Building Code, for example, commercial occupancies would include: retail stores, office buildings, multifamily residential build- ings, hotels, hospitals, schools, warehouses, storage buildings, churches, etc.) (g) "Court" means a way of travel, which runs gen- erally east and west and ends in a cul-de-sac. (h) "Cul-de-sac" means a way of travel that dead- ends with provisions for turning around large emer- gency and public utility vehicles. (i) "Department" means the City of Bremerton Engineering Division within the Public Works and Util- ities Department. (j) "Drive" means an irregular or diagonal way of travel. (Revised 5/12)11.18-2 (k) "Group R occupancies," for addressing pur- poses, means all occupancies classified as Group R in accordance with the International Building Code as adopted by the City of Bremerton as well as all "residen- tial occupancies" as defined herein. (l) "Group U occupancies," for addressing pur- poses, means all occupancies classified as Group U in accordance with the International Building Code as adopted by the City of Bremerton, as well as residential accessory buildings such as outbuildings, detached pri- vate garages, sheds and carports constructed in accor- dance with the International Residential Code. (m) "Lane" means a way of travel which is usually on private property or road tract and which is generally maintained with private funds. (n) "Loop" means a way of travel that has two (2) exits or entrances originating from the same way of travel. (o) "Place" means a way of travel that runs gener- ally north and south and that is generally parallel to, but shorter than, an avenue and ends in a cul-de-sac. (p) "Private street or road" means a street or road that is on private property and which is maintained with private funds. (q) "Residential occupancies," for addressing pur- poses, means detached one (1) and two (2) family dwell- ings and multiple single-family dwellings (townhouses) not more than three (3) stories in height with a separate means of egress, and typically constructed in accor- dance with the International Residential Code. (r) "Road" means a way of travel that has been designated as a road or which is an extension of an exist- ing road. (s) "Street" means a way of travel that runs gener- ally east and west. (t) "Way" means a way of travel that runs gener- ally east and west which is generally parallel to, but shorter than, a street. (u) "Way of travel" means a roadway of any defi- nition, including, but not limited to, avenues, boule- vards, circles, courts, drives, loops, places, lanes, roads, streets, and ways, which is capable of carrying vehicular traffic. (v) "Street name sign" means a sign designating the name of a way of travel. (Ord. 5171 §1 (part), 2011) 11.18.040 DESIGNATION OF WAY OF TRAVEL. (a) Ways of travel running generally and predom- inantly east and west shall have a numerical designation or a designated name for the entire way of travel in which they are situated when initially named. These shall generally have a street type designated as "Street." (b) Ways of travel running generally and predom- inantly east and west but are not a continuation of an existing numbered street may be designated by a name for the entire way of travel. (c) Ways of travel running generally and predom- inantly north and south shall be designated by a name for the entire way of travel in which they are situated when initially named. These shall generally have a street type designated as "Avenue." (d) For annexed areas, the names shall remain the same except when deemed necessary to be changed by the City of Bremerton for clarification for public safety purposes. (e) Ways of travel shall be designated by a name in accordance with BMC 11.18.070. (Ord. 5171 §1 (part), 2011) 11.18.050 COMPLIANCE WITH ADOPTED CODES. This chapter shall comply with Section 505 of the International Fire Code as amended by BMC 18.02.060. (Ord. 5171 §1 (part), 2011) 11.18.060 NUMERICAL DESIGNATION OF BUILDINGS AND REAL PROPERTY. (a) Buildings with an occupancy classification other than Group U shall be designated numerically. For measurement purposes in determining the numerical designation, the location of the main entrance to the property on which the building is situated or unim- proved real property shall be used. (b) Buildings with an occupancy classification of Group U, or buildings accessory to those that are numer- ically designated, may be designated numerically at the discretion of the director provided appropriate justifica- tion can be established indicating the need for a separate numerical designation. (c) Buildings with multiple tenant spaces, suites or dwelling units shall receive one (1) numerical designa- tion per building. (d) Community or public facilities without struc- tures, such as parks and utilities, shall also receive numerical designations. Exceptions: (1) Mini-storage complexes may have one (1) address for multiple buildings provided each building is designated with the numerical designation of the com- plex as well as the individual unit designation and the site plan showing all building and unit designations is submitted to and approved by the Engineering Division and Fire Department. (2) Residential duplexes and triplexes shall have separate numerical designations unless there are not enough numerical designations then each will have a unit number. 11.18-3 (Revised 5/12) (3) Residential units (such as townhouses) with zero lot lines and separate outside entrances under separate ownership shall have individual numerical des- ignations. (4) Portable classrooms and temporary struc- tures shall use the main building address unless separate addresses are required by the Fire Department. (e) Numerical designations shall be assigned based on the geographic direction of the way of travel, as determined by observing its overall length and noting its general or predominant direction as follows: (1) Even numerical designations shall be assigned to the north and east sides of ways of travel and odd numerical designations shall be assigned to the south and west sides of ways of travel. (2) The numbering for north and south run- ning streets shall begin at 1st Street and the extension thereof. Numbers north of 1st Street shall begin with the one hundred (100) block and get larger as they go north. Numbers south of 1st Street shall begin with the one hundred (100) block and get larger as they go south. Note: see grid map adopted by City Ordinance No. 837, in 1928. (3) The numbering for the east and west run- ning streets shall begin at the point at east side of the Port Washington Narrows and begin with the one hun- dred (100) block and get larger away from the Narrows as they proceed in each east or west direction. Note: see grid map adopted by City Ordinance No. 837, in 1928. (4) The numbering for areas annexed after 1977 shall remain the same provided they may be changed by the City of Bremerton for clarification for public safety purposes. (f) From the point of origin, when possible, even and odd numerical designations shall be assigned sequentially and opposite one another for the entire way of travel in which they are situated when initially named. Exceptions: (1) Buildings and real property situated on a circle, court, or loop shall be numbered consecutively beginning at the point of origin and proceeding progres- sively around such circle, court or loop in a clockwise direction. (2) Where there is a clear dividing line at the closed end, one (1) side may be even and the other side odd numbers. (g) Buildings with multiple tenant spaces, suites or dwelling units shall have the suites/units further identi- fied with suite, unit or apartment numbers. Assignment of suite or apartment numbers of commercial occupan- cies shall be from left to right facing the buildings or units. All suite, apartment or unit numbers shall use "100" numbers for units located on the first floor of buildings, "200" numbers for units located on the sec- ond floor, "300" numbers for units on the third floor, and continue likewise for successive floors. Suite, unit or apartment numbers on floor levels below the first floor (sub-grade levels) shall use the letter "S" preceding the suite/unit numbers. For example, on the floor level immediately below the first floor, "S100" numbers shall be used. The next floor level down shall use "S200" numbers and continue likewise for successive sub-grade or basement levels. (1) Multi-unit commercial occupancies, other than Group R, shall have suite/unit numbers in ten (10) number increments, whenever possible, to ensure ade- quate opportunity for future changes to be numbered in correct order. (2) Multi-unit commercial occupancies with Group R units shall have suite/unit numbers consecu- tively. For example, a multi-unit Group R building would have suite/units 100, 101, 102, 103 on the first floor, suite/units 200, 201, 202, 203 on the second floor, etc. A multi-unit Group R building with interior access corridors may use consecutive even and odd numbers on opposite sides of the corridor. Suite/unit numbers of dif- ferent floors, whenever possible, shall be "stacked"; for example, unit 112 should be directly below unit 212, which would be directly below unit 312, etc. (h) Commercial tenant spaces, suites, or dwelling units that open directly to the face of the building shall each have a separate whole numerical designation whenever possible. (i) The Department is authorized to take all lawful action to change the address numbers of parcels or units that do not meet the criteria of this chapter. Address numbers will be changed primarily for public safety rea- sons to ensure that adequate emergency services can be directed to the address. Address numbers may be changed for the following reasons: (1) When duplicate address numbers are present. (2) When an odd numbered address is located among even numbered addresses or when an even num- bered address is located among odd numbered addresses. (3) In the event the address number is not con- sistent with the adjacent addresses (i.e., 911 Burwell is located between 901 and 905 Burwell). (4) In the event that the address does not match the proper block number as required by the street grid map (i.e., 1100 Burwell is located on the 1400 block of Burwell). (j) The Department is authorized to take all lawful action to make address changes to addresses that do not (Revised 5/12)11.18-4 meet the criteria of this chapter provided all of the fol- lowing procedures are followed: (1) A notice of intent to change the address number shall be sent via U.S. mail to the property owner and other interested parties. This may include the Post Office, Cencom, and the Fire Department. (2) All notified parties shall have thirty (30) days to respond to the Department in writing with any comments on the proposed action. These comments may be considered prior to making an administrative decision. (3) If it is determined that the address number should be changed, a notice of administrative decision to change the address number will be sent via U.S. mail to all persons impacted by the proposed action. (4) Appeal of the administrative decision may be made to the Administrative Hearing Examiner in writing within thirty (30) days following the issuance of the notice of decision in accordance with BMC 2.13.090. (5) When the process is complete, notice will be provided to each parcel owner notifying them of the new address number assignment. The parcel owners shall have the new address numbers posted within thirty (30) days. (Ord. 5171 §1 (part), 2011) 11.18.070 DENOTING OF WAYS OF TRAVEL (STREET NAMING). (a) Ways of travel may be named when they serve a minimum of three (3) or more parcels, or three (3) or more buildings with an occupancy group other than Group U. Requests for street names shall be petitioned to, and approved by, the Department. The street name is the principal identifying component of a full street name, which in most cases should uniquely distinguish a street from all others. In addition to emergency response, addresses are used to record the location of events and objects in databases throughout the County. It is important that street names be easy to input cor- rectly. The following street name criteria reflect that need as well as the needs of emergency response: (1) No street name shall be used more than once. For example, two (2) streets may not be named Cedar even if they have different street types. (2) Street names shall not sound alike. For example, two (2) streets may not be named Stephen and Steven. (3) Names that tend to be mispronounced or misspelled shall not be used. For example, names like Javelina, Weimaraner, and Perseverance are either hard to spell or pronounce and would be subject to increased scrutiny during the name review process. (4) Street names should be limited to thirteen (13) characters or less. (5) Two (2) word names that sound like one (1) word names, or one (1) word names that sound like two (2) word names, shall not be used. For example, names like Clearlake, Clear Lake, and Baytree would not be acceptable. (6) Names that include directional words such as North, South, East, or West shall be avoided. For example, North East Beach would not be acceptable. (7) Names that include punctuation shall be used without the punctuation. For example, George’s Road would be approved as NW Georges Road. (8) No segment of any street shall have more than one (1) name. For example, Riddell Road on one (1) side of the street and Riddell Road NW on the other side of the street. (9) The Department shall promote street name continuity. For example, a private or unmaintained City or County street extending from the end of a dead-end City or County maintained street shall retain the same name as the City or County street. (10)Street names shall not include any of the road types listed in BMC 11.18.030, Definitions. For example, Mountain Loop Road would not be an accept- able name. (b) Street name changes may be initiated by the City of Bremerton when the street name fails to meet the criteria in subsection (a) of this section. The Department shall work in cooperation with Cencom and other Departments in making changes. Except as detailed in this section, existing street names shall not be required to meet the criteria of this chapter. (c) The Department is authorized to take all lawful action to change a street name that does not meet the cri- teria of this chapter provided all of the following proce- dures are followed: (1) A notice of intent to change the street name shall be sent via U.S. mail to all persons impacted by the proposed action. This may include the owners of properties which are currently addressed on that street, the Post Office, Cencom, and the Fire Department. (2) All notified parties shall have thirty (30) days to respond to the Department in writing with any comments on the proposed action. These comments shall be considered prior to making an administrative decision. (3) If it is determined that the street name should be changed, a notice of administrative decision to change the street name will be sent via U.S. mail to all persons impacted by the proposed action. (4) Appeal of the administrative decision may be made to the Administrative Hearing Examiner in writing within thirty (30) days following the issuance of the notice of decision in accordance with BMC 2.13.090. 11.18-5 (Revised 5/12) (5) When the street naming process is com- plete, notice shall be provided to each parcel owner noti- fying them of the new street name. The parcel owners on private or unmaintained streets shall post new road signs within thirty (30) days. (d) All new or replaced road name signs shall be constructed and placed pursuant to the City of Bremer- ton public works sign standards. Costs and maintenance of any road signs for a private or unmaintained street shall be the sole responsibility of the parcel owners on said street. (Ord. 5171 §1 (part), 2011) 11.18.090 DISPLAY OF DESIGNATIONS. (a) The owner, occupant, tenant, lessee or any other person or entity having an interest in any addressed building shall conspicuously display the numerical designation assigned to such building. The numerical designation shall be easily legible with numerals displayed upon a contrasting background, for example, black on white, or white on blue, etc. When- ever possible, numerical designations should not be placed on window glazing. (1) New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a min- imum of four (4) inches high with a minimum stroke width of one-half (0.5) inch. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. (2) Housing developments which contain one hundred (100) or more dwelling units which alley ways are or may be used for access to dwelling units shall have four (4) inch high minimum house numbers includ- ing street designation included. The street designation may be a smaller size, but no less than two (2) inches in size. (3) Address numbers for commercial build- ings shall be twelve (12) inches high and contrast with the background. Individual unit/suite or space numbers or letters shall be six (6) inches high, contrasting with the background, and visible from the approach side or angle. (b) Premises Identification. Approved numbers or address shall be posted for all new and existing build- ings in such a position, facing the way of travel, as to be plainly visible and legible from the street or road front- ing the property. If the numerical designation of the building is not clearly visible from a named way of travel, the numerical designation shall also be displayed near the main entrance to the property and the driveway entrance upon which the building is situated. During the construction of buildings, the numerical designation shall be posted at the premises prior to requesting any Department inspections. (Ord. 5171 §1 (part), 2011) 11.18.100 ENFORCEMENT. The City Engineer or City Code Enforcement Officer is authorized to enforce this chapter, in accor- dance with Chapter 1.04 BMC. (Ord. 5171 §1 (part), 2011) 13.04-1 (Revised 5/12) Chapter 13.04 PARK CODE Sections: 13.04.010 TITLE. 13.04.020 DEFINITIONS. 13.04.030 SIGNS, BILLBOARDS, ETC. 13.04.040 DESTROYING PARK PROPERTY. 13.04.050 ANIMALS AT LARGE. 13.04.060 DISCHARGING FIREARMS OR EXPLOSIVES. 13.04.070 TREATMENT OF ANIMALS AND BIRDS. 13.04.080 SOLICITING AND PEDDLING. 13.04.100 RIDING MOTOR VEHICLES, NON-MOTORIZED VEHICLES AND HORSES. 13.04.110 GAMES AND SPORTS. 13.04.120 POLLUTING WATERS. 13.04.130 FIRES. 13.04.140 LIQUOR. 13.04.150 HOURS. 13.04.160 NONCOMPLIANCE - EJECTION FROM PARK. 13.04.170 PROCEEDING AGAINST VIOLATORS. 13.04.180 PENALTY FOR VIOLATIONS. 13.04.010 TITLE. This chapter shall be known and may be cited as the park code of the city of Bremerton. (Ord. 2191 §101, 1956) 13.04.020 DEFINITIONS. The following terms, phrases, words and their deri- vations will have the meaning given herein, unless inconsistent with the context. Words using the present tense include the future. Words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directive: (1) "Superintendent" is the person immediately in charge of all park areas and their activities, and to whom all park attendants of any area are responsible. (2) "Park" is a park, playground, beach, recreation center, or any other area in the city owned or used by the city and devoted to active or passive recreation. (3) "Person" is any person, firm, partnership, asso- ciation, corporation, company or organization of any kind. (Ord. 2191 §102, 1956) 13.04.030 SIGNS, BILLBOARDS, ETC. It is unlawful to use, place or erect any signboard, sign, billboard, bulletin board, post, pole or device of any kind for advertising in any park; or to attach any notice, bill, poster, sign, wire, rod or cord to any tree, shrub, railing, post or structure within any park; or with- out the written consent of the superintendent, to place or erect in any park, a structure of any kind; provided, that the superintendent may permit the erection of temporary directional signs or decorations on occasions of public celebration and picnics. (Ord. 2191 §103, 1956) 13.04.040 DESTROYING PARK PROPERTY. It is unlawful to remove, destroy, mutilate or deface any structure, monument, statue, vase, fountain, wall, fence, railing, vehicle, bench, shrub, tree, fern, plant, flower, lighting system, or sprinkling system or other property lawfully in any park. (Ord. 2191 §104, 1956) 13.04.050 ANIMALS AT LARGE. It is unlawful to allow or permit any animal to run at large in any park, or enter any lake, pond, fountain or stream therein, except that unleashed dogs are allowed in designated dog park areas within the City of Bremer- ton park system. (Ord. 4952 §3, 2005: Ord. 2191 §105, 1956) 13.04.060 DISCHARGING FIREARMS OR EXPLOSIVES. It is unlawful to shoot, fire or explode any firearm, fireworks, firecracker, torpedo or explosive of any kind or to shoot or fire any air gun, bows and arrows, BB gun or use any slingshot in any park, except the superinten- dent may authorize archery, and the firing of small bore arms and fireworks at designated times and places suit- able for their use. (Ord. 5067 §1, 2008: Ord. 2191 §106, 1956) 13.04.070 TREATMENT OF ANIMALS AND BIRDS. It is unlawful in any manner to tease, annoy, dis- turb, molest, catch, injure or kill or to throw any stone or missile of any kind at or strike with any stick or weapon any animal, bird or fowl. (Ord. 2191 §107, 1956) 13.04.080 SOLICITING AND PEDDLING. No person shall solicit alms or contributions for any purpose, whether public or private, nor expose or offer for sale any article or thing, nor shall any person station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing, except the licensed concessionaire acting by and under the author- ity of the superintendent. (Ord. 2191 §108, 1956) (Revised 5/12)13.04-2 13.04.100 RIDING MOTOR VEHICLES, NON- MOTORIZED VEHICLES AND HORSES. (a) It is unlawful to ride or drive any bicycle, tricy- cle, skateboard, horse or pony over or through any park except within and upon the park drives, parkway, park boulevards and bicycle paths designated for such use, or at a speed in excess of fifteen (15) miles per hour, except as otherwise authorized by the Director of Parks and Recreation. (b) It is unlawful to park, ride or drive any motor- cycle or motor vehicle upon, over or through any park except within and upon park drives, parkways, park boulevards, rights-of-way or parking lots located within a park and designated for such use, except as otherwise authorized by the Director of Parks and Recreation. (Ord. 4915 §3, 2004; Ord. 4267 §1, 1990; Ord. 2191 §110, 1956) 13.04.110 GAMES AND SPORTS. It is unlawful to practice or play golf, baseball, cricket, lacrosse, polo, archery, hockey, tennis, badmin- ton, or other games of like character or to hurl or propel any airborne or other missile except at places set apart for such purposes by the superintendent. (Ord. 2191 §111, 1956) 13.04.120 POLLUTING WATERS. No person in a park shall throw, discharge, or oth- erwise place or cause to be placed in the waters of any fountain, pond, bay or other body of water in or adjacent to any park or storm sewer, or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of the waters. No person in a park shall have brought in or shall dump, deposit, or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, or refuse, or other trash. No such refuse or trash shall be placed in any waters in or contiguous to any park, or left any- where on the grounds thereof, but shall be placed in the proper receptacles where they are provided; where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere. (Ord. 2191 §112, 1956) 13.04.130 FIRES. It is unlawful to build any fires in any park except in areas designated by the superintendent. (Ord. 2191 §113, 1956) 13.04.140 LIQUOR. It is unlawful to serve or consume, within any City park, any liquor as defined in RCW 66.04.010(25), as enacted and hereinafter amended, except in the follow- ing circumstances: (a) Harborside Fountain Park. Within the bound- aries of the Harborside Fountain Park: (1) Permitted by the Washington State Liquor Control Board; and (2) Such service of liquor is administered by the operator of the Kitsap Conference Center at Bremer- ton Harborside or the event or activity is sponsored by the City. (b) Pendergast Regional Park - Indoor Soccer Cen- ter. Within the mezzanine food service area of the Olympic Soccer and Sports Center (“Indoor Soccer Center”) located within Pendergast Regional Park when: (1) Permitted by the Washington State Liquor Control Board; (2) Such service of liquor is administered by the operator of the Indoor Soccer Center; and (3) Such service and consumption is limited to beer and wine. (c) Eastpark - Bremerton Ice Arena. Within the building of the Bremerton Ice Arena facility (“Ice Arena”) located within Eastpark when: (1) Permitted by the Washington State Liquor Control Board; (2) Such service of liquor is administered by the operator of the Ice Arena; (3) Such service and consumption is limited to beer and wine; and (4) Such service and consumption, when in the viewing stands area, is limited to private functions, not public events; however, service and consumption of liquor is prohibited on the field of play; (5) Required approval has been granted by the National Parks Service, on behalf of the Secretary of the Interior, pursuant to the deed conveying the property to the City. (Ord. 5166 §1, 2011: Ord. 5060 §1, 2008: Ord. 5005 §3, 2007: Ord. 2191 §114, 1956) 13.04.150 HOURS. Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year during designated hours. The opening and closing hours for each individual park shall be posted therein for pub- lic information. Any section or part of any park may be declared closed to the public by the superintendent at any time and for any interval of time, either temporarily or at regular and intervals (daily or otherwise) and either entirely or merely to certain uses, as the superintendent shall find reasonably necessary. (Ord. 2191 §115, 1956) 13.04.160 NONCOMPLIANCE - EJECTION FROM PARK. It is unlawful to violate or fail to comply with any park rule or regulation duly posted by the superinten- dent, and the superintendent or any park attendant shall 13.04-3 (Revised 5/12) have the authority to eject from a park, any person act- ing in violation of this chapter. (Ord. 2191 §116, 1956) 13.04.170 PROCEEDING AGAINST VIOLATORS. Anyone concerned in the violation of this chapter, whether directly or indirectly committing the thing that constitutes the offense, or who aids or abets the same, and whether present or absent; and anyone who directly or indirectly counsels, encourages, hires, commands, induces, or otherwise procures another to commit such offense, is and shall be a principal under the terms of this chapter and shall be proceeded against and prosecuted as such. (Ord. 2191 §117, 1956) 13.04.180 PENALTY FOR VIOLATIONS. Violation of or failure to comply with the provi- sions of this chapter shall constitute a misdemeanor and, upon conviction thereof, be subject to the provisions of Chapter 1.12 BMC. (Ord. 4733, Reaffirmed, 11/30/2000; Ord. 4680, Amended, 12/17/1999; Ord. 2191 §118, 1956) 18.02-1 (Revised 5/12) Chapter 18.02 CITY FIRE CODE Sections: 18.02.010 PURPOSE. 18.02.020 FIRE CODE - ADOPTED. 18.02.030 CODE CONFLICTS. 18.02.040 AMENDMENTS TO THE IFC - ADMINISTRATION. 18.02.050 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 311, VACANT PREMISES. 18.02.055 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 4, EMERGENCY PREPAREDNESS. 18.02.060 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 5, FIRE SERVICE FEATURES. 18.02.070 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 901, GENERAL. 18.02.080 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 903, AUTOMATIC SPRINKLER SYSTEMS. 18.02.090 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 907, FIRE ALARM AND DETECTION SYSTEMS. 18.02.095 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 913, FIRE PUMPS. 18.02.100 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 14, FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION. 18.02.110 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 22, MOTOR FUEL- DISPENSING FACILITIES AND REPAIR GARAGES. 18.02.120 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 27, HAZARDOUS MATERIALS - GENERAL PROVISIONS. 18.02.130 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 45, MARINAS. 18.02.140 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - APPENDIX D, FIRE APPARATUS ACCESS ROADS. 18.02.150 FIRE CODES - FEES. 18.02.160 CITY OF BREMERTON FALSE ALARM CODE. 18.02.170 AUTOMATIC SPRINKLER SYSTEMS - BUILDINGS CONTAINING TWO OR LESS DWELLING UNITS. 18.02.175 SPECIFIC VIOLATIONS - FINES. 18.02.180 VIOLATION - PENALTY. 18.02.190 APPEALS. 18.02.010 PURPOSE. The purpose of the City Fire Code is to prescribe regulations consistent with nationally recognized good practice for safeguarding to a reasonable degree of pro- tection the life and property of our citizens from the haz- ards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or prop- erty in the use or occupancy of buildings or premises. It is understood the fire code and its referenced documents are to provide a framework for the fire and life safety requirements to protect the citizens and emergency responders from the predictable situations the codes reg- ulate. Therefore under no circumstance shall any space, occupancy or other location be allowed to be occupied or otherwise utilized, whether temporarily or perma- nently, without the Fire Code Official’s written authori- zation. (Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4903 §1, 2004) 18.02.020 FIRE CODE - ADOPTED. In accordance with Chapter 19.27 RCW, the Inter- national Fire Code, 2009 Edition, published by the Inter- national Code Council, Inc., together with any additions, deletions, and exceptions currently enacted or as may be amended from time to time by the State of Washington through its Building Code Council pursu- ant to Chapter 51-54 of the Washington Administrative Code ("WAC"), and International Fire Code, 2009 Edi- tion, Appendices B, C, D, H, and J, and as further amended in this chapter, is hereby adopted and incorpo- rated by this reference. One (1) copy of the International Fire Code is on file with the City’s Fire Code Official. (Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4903 §1, 2004) 18.02.030 CODE CONFLICTS. To the extent allowed by RCW 19.27.040, if a con- flict exists between the provisions of the International (Revised 5/12)18.02-2 Fire Code adopted and amended by the Washington State Building Code Council and the provisions of this chapter, the Bremerton Municipal Code provisions shall govern. (Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4903 §1, 2004) 18.02.040 AMENDMENTS TO THE IFC - ADMINISTRATION. (a) General Authority and Responsibilities - Retained Authority. Section 104 of the International Fire Code, entitled "General Authority and Responsibil- ities," is amended by adding the following new Subsec- tion 104.1.1: Sec. 104.1.1 Retained authority - Additional conditions. The fire code official retains the au- thority to impose additional conditions where the official determines it necessary to mitigate identified fire protection impacts. These condi- tions may include, by way of example and with- out limitation, increased setbacks, use of fire retardant materials, installation of standpipes, smoke and heat vents, draft curtains, smoke control, fire sprinkler and fire alarm systems, in- cluding temporary provisions and without limita- tion such as fire watch, fire department standby, blocking of roads and additional fire safety in- spections. (b) General Authority and Responsibilities - Lot Lines and Setback Lines. Section 104 of the Interna- tional Fire Code, entitled "General Authority and Responsibilities," is amended by adding the following new Subsection 104.12: Sec. 104.12 Lot lines and setback lines. Not- withstanding the authority of the fire code offi- cial to administer and enforce the fire code, the fire code official shall have no duty to verify or establish lot lines or setback lines. No such duty is created by this code and none shall be im- plied. (c) Permits - Fees. Section 105 of the International Fire Code, entitled "Permits," is amended by adding the following new Subsection 105.1.4: Sec. 105.1.4 Fees. The fire code official shall prepare a resolution establishing a schedule of fees, if any, for council consideration, which fees shall include the cost involved in the pro- cessing, issuance, and renewal of permits and certificates. Any fee schedule adopted by reso- lution shall govern the fee amount to be as- sessed for any permit or certificate and the fire code official shall collect those fees as a condi- tion to issuance or renewal of any permit or cer- tificate. Failure to pay for either an original permit or the required renewal within 30 days of the date notice is given, shall result in the City’s termination of the permit or certificate applica- tion. (d) Permits - Term. Section 105 of the Interna- tional Fire Code, entitled "Permits," is amended by add- ing the following new Subsections 105.1.4 and 105.3.6.1: Sec. 105.1.4 Term. Permits and certificates is- sued in accordance with this code shall be valid for a 12 month period and are renewable at the end of that 12 month term. Sec. 105.3.6.1 Unsafe Situations: Actions tak- en outside of the guidelines contained within any permit required by section 105 of the IFC shall be deemed unsafe and shall entitle the fire code official to immediately have all utilities in- cluding but not limited to: electricity, water, sew- er and gas shut off or otherwise disconnected from the site. Utilities shall not be restored with- out the conditions of all required permit(s) re- solved. (e) Board of Appeals. Section 108 of the Interna- tional Fire Code, entitled "Board of appeals," is amended by substituting Section 108 with the follow- ing: Sec. 108 Board of appeals. The City of Bremerton hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the fire code official relative to the suit- ability of alternate materials, designs, and meth- ods of construction and appeals of the reasonable application and interpretation of the building and fire codes. Appeals shall be made as set forth in section 18.02.190 of the Bremer- ton Municipal Code. (f) Violation Penalties. Section 109 of the Interna- tional Fire Code, entitled "Violations," is amended by substituting Subsection 109.3 with the following: Sec. 109.3 Violation penalties. Any person, company or corporation who violates a provi- sion of this code or fails to comply with any of its requirements or who erects, constructs, alters, or repairs a building or structure or building sys- tem in violation of (a) the approved construction documents, (b) a directive of the fire code offi- cial, or (c) a permit or certificate issued under the provisions of this code, or operates without such permit, shall be subject to penalties as set forth in section 18.02.180 of the Bremerton Mu- nicipal Code or as otherwise provided by law. 18.02-19 (Revised 5/12) system or equipment maintained for the purpose of transmitting fire alarms to the Fire Department. (d) Nothing in this section shall prohibit the sounding of any such signal essential for the carrying out of any system maintenance or fire drill. The Fire Code Official, his designated representative, or the responsible central station monitoring agency shall be notified in advance when such signal will be sounded. (e) Any person, firm or corporation who is found to have signaled or transmitted a false alarm shall be guilty of a civil infraction and shall be fined per BMC 3.01.060, Fire Department - Rate Table E. (f) Definitions. (1) "False alarm" shall mean the activation of a fire protection system at a time when no conditions attributable to a fire or smoke condition are found to exist upon arrival of the Fire Department. (2) "Fire Code Official" shall mean the Chief of the Fire Department or his designated representative. (3) "Person" shall mean any person, firm, partnership, association, corporation, company or orga- nization of any kind. (4) "Preventable false alarm" shall mean a false alarm caused or initiated or allowed to be caused or initiated by the premises owner, or by a representa- tive, assignee, or other persons that function under the direction or control of the owner, whether caused by direct intent, malicious action or by system neglect or improper system maintenance. (5) "Unpreventable false alarm" shall mean a false alarm caused by power failures or interferences unrelated to the operation of the premises. (g) Any person having or maintaining a fire alarm shall, within three (3) working days after notice by the Fire Code Official at the scene of a false alarm, make a written report to the Fire Code Official setting forth the cause of such false alarm, the corrective action taken, whether such alarm has been inspected by an authorized service person, and such other information as the Fire Code Official may reasonably require to determine the cause of such false alarm and the prescribed action nec- essary. (h) The determination whether or not a false alarm was preventable shall be made by the Fire Code Official. Any fee resulting from a determination that a false alarm was preventable shall be billed by the City Treasurer’s Office and shall be deposited in the General Fund. (Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4903 §1, 2004) 18.02.170 AUTOMATIC SPRINKLER SYSTEMS - BUILDINGS CONTAINING TWO OR LESS DWELLING UNITS. (a) When automatic sprinkler systems are installed in buildings containing two (2) or less dwelling units as defined in the International Residential Code, whether attached or detached, they are permitted to be connected to the domestic service within said unit utilizing an inte- grated fire/plumbing flow-through system. (b) Automatic sprinkler systems installed pursuant to subsection (a) of this section shall not be subject to general facility charges, connection fees, inspections fees and other permit fees specifically related to and oth- erwise assessable under Chapter 3.01 BMC and BMC Title 15 attributed to the installation of automatic sprin- kler systems. (c) Automatic sprinkler systems installed pursuant to subsection (a) of this section are integrated into and dependent upon the domestic water supply of the resi- dential dwelling unit; therefore, the property owner is responsible for maintaining a connection to and paying for an adequate supply of water to the residential dwell- ing unit. (Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4958 §3, 2005) 18.02.175 SPECIFIC VIOLATIONS - FINES. Any violation of any provision of the City Fire Code identified in this section may be assessed a mone- tary fine for each incident or occurrence as follows: (a) Illegal burning: two hundred fifty dollars ($250.00); (b) NICET violations: one thousand dollars ($1,000); (c) False fire alarms: two hundred dollars ($200.00); (d) Fire Code violations with the knowledge of the responsible party: one hundred twenty-five dollars ($125.00); (e) Repeat Fire Code violations for failure to cor- rect or comply with the City Fire Code: one hundred twenty-five dollars ($125.00). Nothing in this section prohibits the City from seek- ing other remedies as allowed by ordinance, including, but not limited to, those set forth in BMC 18.02.180. The Fire Marshal may, at his or her discretion, reduce the amount of the assessed fine due to mitigating cir- cumstances. (Ord. 5164 §1, 2011) 18.02.180 VIOLATION - PENALTY. (a) Any violation of any provision of the City Fire Code, BMC Title 18, constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement may be required as provided therein. (b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any of the provisions of the City Fire Code, BMC Title 18, shall be guilty of a misdemeanor pursu- ant to BMC 1.12.020(2). (Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4958 §4 (part), 2005: Ord. 4903 §1, 2004. Formerly 18.02.170) (Revised 5/12)18.02-20 18.02.190 APPEALS. (a) Appeals to the Hearings Examiner. (1) Jurisdiction. The City Hearings Examiner has been designated as the Board of Appeals and shall have jurisdiction over all matters concerning the appli- cation of the fire codes cited in this chapter. The City Hearings Examiner, however, shall have no authority relative to interpretation of the administrative provi- sions of these codes, nor shall the City Hearings Exam- iner be empowered to waive requirements of these fire codes and referenced codes. (2) Filing. Appeals shall be filed with the Hearings Examiner in accordance with Chapter 2.13 BMC. (3) Standing. Standing to bring an appeal under this chapter is limited to the following persons: (i) The applicant and the owner of prop- erty to which the permit decision is directed. (ii) Another person aggrieved or adversely affected by the order, determination, or deci- sion, or who would be aggrieved or adversely affected by a reversal or modification of the order, determina- tion, or decision. A person is aggrieved or adversely affected within the meaning of this section only when all of the following conditions are present: a. The order, determination, or decision has prejudiced or is likely to prejudice that per- son; b. A judgment in favor of that per- son would substantially eliminate or redress the preju- dice to that person caused or likely to be caused by the order, determination, or decision; and c. The appellant has exhausted his or her administrative remedies to the extent required by law. (b) Appeals to Superior Court. Appeals to the Hearings Examiner shall be made pursuant to Chapter 2.13 BMC. (Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4958 §4 (part), 2005: Ord. 4903 §1, 2004. Formerly 18.02.180) 20.42-1 (Revised 5/12) Bremerton Municipal Code 20.42.020 Chapter 20.42 DEFINITIONS Sections: 20.42.010 INTRODUCTION TO DEFINITIONS. 20.42.020 LIST OF DEFINED TERMS. 20.42.040 DEFINITIONS. 20.42.010 INTRODUCTION TO DEFINITIONS. Terms not defined herein shall take their meaning from definitions in the Comprehensive Plan, Shoreline Master Program and other ordinances incorporated by reference. If a specific term is not defined or referenced, it shall take its normal and customary meaning within the context of how it is used. When not inconsistent with the context, words used in the present tense include the future, words in the singular include the plural, and words in the plural include the singular. The following terms are defined in this chapter and shall be applied to the provisions of this title. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.42.020 LIST OF DEFINED TERMS. Abandoned sign Abandonment or Abandoned Accessory dwelling unit (ADU) Accessory use, activity or structure Acre, net Acre, gross Adjoining or adjacent Administrative Hearing Examiner Adult entertainment business Adult family home Alley Alteration Alteration, structural Antenna, tower Antenna, wireless Applicant Appurtenance or Appendage Area of sign Art gallery Art studio Assisted living facility Automobile sales Automobile service and repair Awning/canopy Bay window Bed and breakfast Boarding house or rooming house Buffering Building code Building coverage Building envelope Building line Bulletin board/kiosk Car wash Caretaker Caretaker’s residence Carport Cell on wheels (COW) Change of use Changeable copy/readerboard sign City Co-location Community facility Concealed Construction sign Day care facility Deck Density Density, maximum Density, minimum Detached Detoxification center Development coverage Directional sign Director Drinking place Drive-through facility Drive-through lanes Duplex Dwelling unit Dwelling, conventional Dwelling, modular or factory-built Dwelling, multi-unit structure Dwelling, single-unit attached Dwelling, single-unit structure Education and school Education, higher and college Entertainment use Equipment structure FAA FCC Fence Finance, insurance and real estate Foster home Franchise business Freestanding sign Frontage Garage Gas station Grade Grade, average final Grade, existing Gross floor area Group residential (Revised 5/12)20.42-2 20.42.020 Group residential - Class I (assisted living) Group residential - Class II Group residential home Heavy industrial/manufacturing Height Home occupation Homeowners’ association Hospital Hotel and lodging place Household Identification sign Illegal sign Impervious surface Incidental sign Incubator for business Junk yard Kennel Light industrial/manufacturing Loading area Lot Lot area Lot line, front Lot line, rear Lot line, side Lot, depth Lot, flag Lot, waterfront Lot, width Maintain Manufactured home Marina Marquee Medical laboratory Medical office and clinic Mobile home Monument sign Motion picture theater Multiple-building complex Multiple-occupancy building Museum and gallery Nonconforming sign Nursery and greenhouse Nursing/convalescent home Office and business services, general Off-premises sign Open space Opiate substitution treatment facility Outdoor athletic fields Parcel Park, playground and open space Parking, satellite Parking, structure Paved surface Personal service Physical fitness and health club Pier Pole sign Porch Portable sign Premises Private club or lodge Product sign Projecting sign Provider Public administration Public distribution/transmission facility Public utility facility Public information/identification sign Public services Recreational vehicle Recreational vehicle park Recycling center Recycling collection station Recycling collection station (limited) Rehabilitation Residential use Residential, as secondary use Restaurant Restaurant, fast food Retail, general Retail, large Rezone Sandwich board sign Satellite dish Senior citizen Senior housing complex Setback, maximum Setback, minimum Shop Shopping center Sidewalk vendor Sign Sign structure Social services Stadium and sports complex Storage building and shop Storage yard, outdoor storage Story Street Street, private Structure Structure, accessory Structure, principal Structure, temporary Support structures Temporary sign Tower Townhouse Transient person Transportation facility Use Use, accessory 20.42-3 (Revised 5/12) Bremerton Municipal Code 20.42.040 Use, conditional Use, principal Use, temporary Variance Vehicle- or trailer-mounted sign Vesting Veterinary clinics and animal hospitals Wall sign Warehousing Whip antenna Wireless telecommunications facility Worship and religious facility Yard Yard, construction or storage Zero lot line (Ord. 5177 §2, 2012: Ord. 5008 §3 (part), 2007; Ord. 4977 §5, 2006; Ord. 4971 §4 (part), 2006; Ord. 4950 §8 (Exh. A) (part), 2005) 20.42.040 DEFINITIONS. The following definitions shall be applied within this title: "Abandoned sign" means any sign, including its structure and other components, which is located on vacant property or an unoccupied building for a period of six (6) months or more and which, during that time, is not used for legal sign purposes; or which relates to a time, event or purpose which no longer applies; and/or which has been allowed to deteriorate to become a pub- lic hazard or eyesore. "Abandonment" or "abandoned" means to cease operation for a period of ninety (90) or more consecu- tive days unless documentation is provided to the City that negotiations are underway potentially leading to the sale, lease, or resumption of operations, in which case a wireless telecommunications facility may not be consid- ered abandoned for an additional period not to exceed ninety (90) days. "Accessory dwelling unit (ADU)" means a second dwelling unit on a lot with an existing principal unit added to or created for use as a complete, independent or semi-independent living unit with provisions for cooking, eating, sanitation and sleeping, and which complies with the development and design standards contained in this code for ADUs (BMC 20.46.010). "Accessory use, activity or structure" means a use, activity, structure or part of a structure which is sub- ordinate and incidental to the permitted principal use or building, located on the same lot or parcel with such principal use or building, and erected or established only after or in conjunction with the establishment of the principal use or building. "Acre, net" means a measurement of land after sub- tracting public and private streets, rights-of-way, and other unusable or nondevelopable areas of land from a gross acre of land (forty-three thousand five hundred sixty (43,560) square feet). (See also "Acre, gross.") "Acre, gross" means a measurement of land equal to forty-three thousand five hundred sixty (43,560) square feet with no deductions or subtractions for ele- ments such as public or private streets or nondevelop- able areas. (See also "Acre, net.") "Adjoining" or "adjacent" means property that touches or is directly across a public or private right-of- way. This does not include property across from limited access highways or arterials with four (4) lanes of traffic or more. "Administrative Hearing Examiner" means a person appointed with the powers set forth in Chapter 2.13 BMC. The term "Administrative Hearing Exam- iner" shall likewise include the Examiner Pro Tem. As used in this chapter, "Administrative Hearing Exam- iner" shall not mean the Municipal Court Hearing Examiner established pursuant to Chapter 2.62 BMC. Adult Entertainment Business. See BMC 20.46.110. "Adult family home" means a residential home in which a person or persons provide personal care, special care, room, and board to more than one (1) but not more than six (6) adults who are not related by blood or mar- riage to the person or persons providing the services; provided, however, any limitation on the number of res- idents resulting from this definition shall not be applied if it prohibits the City from making reasonable accom- modations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 U.S.C. 3604(f)(3)(b). "Alley" means any public right-of-way or thor- oughfare having a typical width of at least ten (10) feet, but generally not more than thirty (30) feet, which has been dedicated or deeded to the public for public use and which affords only secondary means of access to abut- ting properties, primarily for service purposes. "Alteration" means any change in the size, shape, method of illumination, position, location, construction or the supporting structure of a sign. "Alteration, structural" means any changes or repairs to the supporting members of a structure, or to the configurations of the roof or exterior walls, that would prolong the life of the supporting members of a building or structure. This does not include minor actions such as adding a doorway or window, or attach- ing architectural features, appurtenances, or adorn- ments. "Antenna tower" means any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including but not limited to self-supporting lattice towers, guy towers or monopole towers. (Revised 5/12)20.42-4 20.42.040 (1) "Type I tower" means a tower up to, but not exceeding, sixty (60) feet in height. (2) "Type II tower" means a tower greater than sixty (60) feet in height. "Antenna, wireless" means any exterior equipment attached or mounted to a building or tower in the form of one or more rods, panels, discs or similar devices used for the transmission or reception of radio or elec- tromagnetic frequency signals. (1) An "omnidirectional antenna" transmits and receives radio frequency signals in a three hundred sixty (360) degree radial pattern. For the purpose of the provisions set forth in BMC 20.46.140, an omnidirec- tional antenna is up to fifteen (15) feet in height and up to seven (7) inches in diameter. If otherwise meeting the definition, a whip antenna is considered an omnidirec- tional antenna. (2) A "directional antenna" transmits and receives radio frequency signals in a specific directional pattern of less than three hundred sixty (360) degrees. (3) A "parabolic antenna" is a device of gen- erally parabolic shape for the reception and transmission of radio frequency signals in a specific directional pat- tern. Also referred to as a satellite dish. "Applicant" means a person who applies for any permit or approval to do anything governed by this title and who has legal standing to apply for a permit or approval on the specific property. "Appurtenance" or "appendage" means a supple- mental component, architectural feature, or decoration that has been added to or extends outward from the exte- rior of a building wall and is not a primary component of the structure itself. This includes bay windows, low decks, open porches, awnings, chimneys, and other sim- ilar features. "Area of a sign" means the total space within the frame or outer dimensions of a sign and including any logos or other artistic or architectural features that are directly related to or an integral part of the sign. (See also BMC 20.52.060, Sign measurements.) "Art gallery" means a room or series of rooms where art such as paintings, sculptures or other works are exhibited. "Art studio" means a loft, room, group of rooms or building in which an artist works. This includes facili- ties for the production of photographic works (still or motion), painting, sculpture, dance, music or similar activities. A studio is often found in combination with a gallery or may be an accessory use to a retail business or other use. This does not include incidental artist work areas within a residence, which produce no odors or noise that negatively impact adjacent properties. "Assisted living facility" means a residential facility for elderly persons (age fifty-five (55) or older) who require moderate to extensive assistance with daily tasks such as cooking, eating, bathing, housekeeping, dispens- ing of medicines, shopping, appointments and other tasks. "Automobile sales" means an establishment prima- rily engaged in the sale or rental of personal or commer- cial vehicles such as cars, trucks, vans or motorcycles. "Automobile service and repair" means an estab- lishment primarily engaged in repairing, maintaining, or servicing automobiles. "Awning/canopy" means a temporary or movable shelter (awning), or a fixed rigid shelter (canopy) sup- ported entirely by the exterior wall of the building and generally extending over a pedestrian walkway. When used in conjunction with signs, only that portion of the awning or canopy that is actually used as a sign shall be included in sign area calculations. Lighting of the awning or canopy, whether directly, indirectly, or by back-lighting, shall have no effect on the sign require- ments, unless lighted signs are specifically prohibited in that area or zone. "Bay window" means a window projecting out- ward from an exterior wall of a structure. The protrusion has a maximum depth of thirty (30) inches, and a maxi- mum horizontal width of twelve (12) feet. The base of the projecting window is at least twenty-four (24) inches above grade directly below the center of the window. "Bed and breakfast" means an owner-managed and owner-occupied residential single-unit dwelling in which rooms or other overnight accommodations are rented on a nightly basis. Meals may be included that are included as part of the basic compensation. This does not include group residential homes, boarding and rooming houses. "Boarding house" or "rooming house" means a single-unit residential structure in which rooms without kitchens are provided for nontransient persons and may include meals. This does not include licensed care-pro- viding facilities. "Buffering" means a structural, earthy, or vegeta- tive form used to minimize the impacts of one land use upon another. A buffer may include any one or a combi- nation of fences, walls, berms, high shrubs, trees, or other landscaping. Distance separation is also a form of buffering. "Building code" means the International Building Code and related codes as amended and adopted by the City of Bremerton. "Building coverage" means that portion of a lot covered by the roof areas of all structures. This shall not include open decks up to thirty (30) inches above ground, except if it provides a roof over occupancy underneath. "Building envelope, allowable" means the three (3) dimensional space within which a structure is per- mitted to occupy. Height, floor area ratio, setbacks, lot coverage and similar restrictions establish the building envelope. 20.42-9 (Revised 5/12) Bremerton Municipal Code 20.42.040 the most reasonable manner, based on the lot’s longest average dimension. "Lot, flag" means a lot with access to its street by way of a narrow strip of land having a minimum width of twenty (20) feet. A flag lot consists of two (2) parts. (1) The "flag" or main body of the lot; and (2) The "panhandle" or narrow accessway connecting the body of the lot to the street. "Lot, waterfront" means a lot of which any portion abuts wetlands or any water body regulated under the Bremerton Shoreline Master Program. "Lot, width" means the average horizontal distance between side lot lines, measured at right angles to the lot depth line. The Director may use reasonable modifica- tions to this procedure when determining the width of an irregular lot. "Maintain" means to allow to exist or continue to exist. Also, where the context indicates, to keep in a safe, neat and clean condition. "Manufactured home" means a single-family dwelling required to be built in accordance with regula- tions adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.). The unit shall bear an insignia issued by a state or federal regulatory agency indicating that the manufactured home complies with all applica- ble construction standards of the U.S. Department of Housing and Urban Development (HUD). Commercial coaches, recreational vehicles, travel trailers, and motor homes are neither manufactured homes nor dwelling units. (See "Mobile home.") "Marina" means a facility which provides moorage or wet or dry storage for watercraft or float planes, and which may offer marine-related sales and services. "Marquee" means a permanent roofed structure attached to and supported by a building and projecting away from the building, usually over a public walkway and typically common to theaters. A marquee itself is not a sign, but is commonly used to support signs. "Medical laboratory" means a facility primarily engaged in providing analytic or diagnostic services on human specimens, including body fluid or body tissue, or performing diagnostic imaging, to government agen- cies, to the medical, dental, or other health service pro- fessions or to the patient; includes the fabrication of dentures, eyeglasses and contact lenses, and prosthetic devices. "Medical office" and "clinic" means an establish- ment primarily engaged in providing medical, dental or other health care services to patients on the premises, but which excludes facilities for overnight patient care. Medical clinics that do not have facilities for overnight patient care are included. "Mobile home" means a factory-built dwelling built before June 15, 1976, to standards other than the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.), and acceptable under applicable state codes in effect at the time of construction or introduction of the home into this state. Mobile homes are accommodated within some existing mobile home parks, but are not allowed on individual lots. (See "Manufactured home.") "Monument sign" means a freestanding sign placed on a base of solid appearance, wherein the width of the base is equal to at least forty (40) percent of the width of the sign face. "Motion picture theater" means any premises in which motion pictures are shown as the principal use of the premises, and wherein fees of any kind are charged, and wherein such movies are shown on a regular basis. "Multiple-building complex" means a group of structures housing a combination of business, office, residential, or other uses, and which shares a common area, access, parking and/or other facilities. "Multiple-occupancy building" means a single building housing more than one (1) retail business, office, commercial venture or other allowed land use. "Museum" and "gallery" means a building, room, vessel (boat or ship), or site intended for the preserva- tion and exhibition of artistic, historical, or scientific objects. "Nonconforming sign" means a sign that was legally established, but no longer conforms to the cur- rent sign standards of this title. "Nursery" and "greenhouse" means facilities used for the propagation and sale of agricultural or ornamen- tal plants and related products: (1) "Retail nursery/greenhouse" offers products to the general public including plant materials, planter boxes, fertilizer, sprays, garden tools, and related items. (2) "Wholesale nursery/greenhouse" raises nursery stock for sale to retail nurseries or other busi- nesses. (3) "Greenhouse" means a nursery facility constructed with transparent or translucent materials for indoor propagation of plants. A private greenhouse with no commercial sales is considered an accessory use. "Nursing/convalescent home" means any home, place or institution which operates or maintains facili- ties providing convalescent or chronic care, or both, for a period in excess of twenty-four (24) consecutive hours for three (3) or more patients not related by blood or marriage to the operator, who, by reason of illness or infirmity, are unable properly to care for themselves. Convalescent and chronic care may include but not be limited to any or all procedures commonly employed in waiting on the sick, such as administration of medicines, preparation of special diets, giving of bedside nursing care, application of dressings and bandages, and carry- ing out of treatment prescribed by a duly licensed prac- (Revised 5/12)20.42-10 20.42.040 titioner of the healing arts. It may also include community-based care. This does not include group res- idential facilities, hospitals, sanitariums, or treatment centers. "Office" and "business service, general" means a place of employment providing services other than pro- duction, distribution, sale or repair of goods or commod- ities, excluding personal business services and medical offices. General office and business services include: legal, architectural, engineering, consulting or other professional services, or management, administrative, secretarial, marketing, advertising, or similar services. "Off-premises sign" means any sign, including billboard signs, that contains a message or directs atten- tion to a business, profession, product, event, activity, or service that is not related to a use or activity conducted or offered on the premises or at the location where the sign is located, excluding official road direction signs but including the sign faces(s) that contain(s) the mes- sage or direction noted above, as well as the pole or other structure upon which the sign face is attached. Off- premises signs include off-premises banners and signs carried by human beings or live animals when carried on the public right-of-way or any off-premises location. "Open space" means land area not covered by buildings, roads, driveways, parking areas, or outdoor storage areas, including, but not limited to, landscape areas, gardens, walkways, courtyards, lawns, or outdoor recreation areas, the use of which is intended for and accessible to all of the persons residing in the develop- ment of which the open space is a part. Open Space. For zoning and development pur- poses, specific areas may be required for outdoor recre- ation, resource or sensitive areas protection, amenities, safety, or buffering. The calculations of areas desig- nated to meet open space requirements may not include driveways, parking areas, required yard areas, land occupied by buildings or structures, nor other impervi- ous surfaces that are not related to the open space. "Opiate substitution treatment facility" means an organization that administers or dispenses an approved drug as specified in 212 Code of Federal Reg- ulations (CFR) Part 291 for treatment of detoxification of opiate substitution. The agency is: (1) Approved by the Federal Food and Drug Administration; (2) Registered with the Federal Drug Enforce- ment Administration; (3) Registered with the State Board of Phar- macy; (4) Licensed by the county in which it oper- ates; and (5) Certified as an opiate substitution treat- ment agency by the State Department of Social and Health Services. "Outdoor athletic fields" means outdoor facilities used for sporting activities such as softball, baseball, football, soccer, running track, tennis complex and other nonmotorized sports. Outdoor athletic fields may include bleachers, concession stands, lights, restrooms and other supporting facilities. "Parcel" means a continuous quantity of land in single ownership or under single control, consisting of one (1) or more lots, and considered a unit for purposes of development. (See "Lot.") "Park," "playground" and "open space" means a site designed, developed, or reserved for recreational use by the public, such as play areas, community gar- dens and natural areas. "Parking, satellite" means a parking lot containing parking stalls required for a permitted land use, but in a location not contiguous to or abutting the permitted land use. "Parking, structure" means a parking lot in which parking stalls are located either below grade, or in a multilevel building structure. "Paved surface" means a surface paved with asphalt, concrete, concrete pavers, brick or similar dura- ble materials. Low-impact development technologies which provide a hard surface while allowing for water penetration shall be classified as paved areas. Paved areas do not include gravel, crushed rock, and similar nonbound materials. "Personal service" means an establishment engaged primarily in providing services involving the care of a person, apparel or minor appliances, such as: shoe repairs, laundry and dry-cleaning, beauty and bar- ber shops, clothing/costume rental, tanning, other per- sonal grooming facilities and domestic assistance services, and personal computing device or cellular phone repairs. This does not include massage parlors, health care services, exercise establishments, nor funeral services. "Physical fitness and health club" means an estab- lishment primarily engaged in providing facilities for indoor physical fitness activities and recreation. Physi- cal fitness and health clubs may include such facilities as gymnasiums, swimming pools, and ball courts. "Pier" means a fixed structure, or a permanently moored floating structure, built over tidelands or shore- lands, and used for a marine landing or moorage for watercraft. "Pole sign" means a freestanding sign supported by uprights or braces wherein the width of the uprights or braces comprises less than forty (40) percent of the width of the sign face. "Porch" means a roofed open area attached to a building or other structure, usually at an entrance to the structure. A porch that is enclosed, glazed or screened may lose its status as an appurtenance. 20.42-10.1 (Revised 5/12) Bremerton Municipal Code 20.42.040 "Portable sign" means any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. A-frame or sandwich board signs and movable readerboard signs are examples. "Premises" means contiguous land in the same ownership or control not divided by a street or public right-of-way. "Private club or lodge" means structures, facilities and grounds owned or operated by a private or fraternal organization for use by its members and guests. "Product sign" means any sign with a face consist- ing of more than fifty (50) percent of the area devoted to the advertisement of a commercial product or product logo without integrated advertising for the on-premises business establishment, community facility, or tempo- rary event. 20.42-13 (Revised 5/12) Bremerton Municipal Code 20.42.040 "Street" means the improved section of any public or private right-of-way intended primarily for motor vehicle travel and which affords the principal means of access to abutting property, together with bicycle lanes, sidewalks, and related improvements. "Street, private" means a parcel at least twenty (20) feet in width, created specifically to provide motor vehicle access to abutting properties, the owners of which share in its ownership and maintenance responsi- bilities. "Structure" means that which is built or con- structed. "Structure, accessory" means a structure that is incidental and subordinate to a principal structure and which is customarily found in connection with the prin- cipal structure and located on the same lot or parcel. "Structure, principal" means a structure contain- ing one or more principal uses, as permitted by the zone in which the property is located. "Structure, temporary" means a structure which does not have, nor is it required by the International Building Code to have, a permanent attachment to the ground but is subject to building permits. "Support structure" means any existing or pro- posed building, utility pole, or tower capable of support- ing a wireless telecommunications antenna. Support structures include, but are not limited to, existing build- ings, water towers, and utility poles and/or towers. "Temporary sign" means a sign that is not perma- nently affixed, and which is intended for short-term use, such as to advertise a specific activity such as a special promotion, sale, or fund-raising event, but not including political or election signs. For the purposes of this code, temporary signs are those displayed for between seven (7) and sixty (60) days. "Tower" means any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including but not limited to self- supporting lattice towers, guy towers or monopole tow- ers. (1) "Type I tower" means a tower up to, but not exceeding, sixty (60) feet in height. (2) "Type II tower" means a tower greater than sixty (60) feet in height. "Townhouse," for purposes of this code, means a single-unit structure in a row of at least three (3) such units in which each unit has its own front and rear access to the outside, no unit is located over another, and each is separated from any other unit by one (1) or more com- mon fire-resistant walls. Ownership of each unit includes ownership of an individual parcel of land beneath the unit and usually includes a privately owned outdoor area as well (private yard or open space). The remainder of the grounds, private streets or driveways, and recreational facilities are owned in common, similar to condominium ownership. "Transient person" means a temporary lodger who stays no longer than thirty (30) days per visit. "Transportation facility" means facilities in sup- port of mass transit or multimodal forms of transporta- tion, including transit stations, transit stops, taxicab stands, transportation services, bicycle facilities and similar. "Use" means the purpose or activity for which land or improvements are intended, occupied or maintained. "Use, accessory" means a use that is incidental and subordinate to a principal use, which customarily is found in connection with the principal use, and which is located on the same lot or parcel such as a private garage, hobby shop, workshop, personal greenhouse, and required off-street parking. "Use, conditional" means a use that is not permit- ted outright, but may be approved through a conditional use permit process. "Conditional use" shall have the same meaning as "special use," as employed in Bremer- ton Municipal Code. "Use, principal" means the primary or main use conducted or allowed on a lot or parcel. "Use, temporary" means a use that may occur on a lot on a short-term or seasonal basis for a prescribed period of time, which usually does not exceed a six (6) month duration during a twelve (12) month period. "Vehicle- or trailer-mounted sign" means a sign placed or maintained on a stationary automobile, truck, trailer, or any other motor-driven vehicle. Vehicle- or trailer-mounted signs do not include signs painted or placed on commercial vehicles announcing or advertis- ing the regular business activity of the vehicle owner. Vehicle- or trailer-mounted signs do not include signs on vehicles for sale at a licensed sales lot, nor signs on public transit vehicles including buses and licensed taxi- cabs. Vesting. A fully completed development applica- tion is "vested" at the time it is received by the permit- ting authority. The development may then be processed, permitted and carried out under the zoning, land divi- sion, and other regulations that were in effect when vest- ing occurred. "Veterinary clinic" and "animal hospital" mean a facility providing routine and emergency medical atten- tion to domestic pets and other animals. "Wall sign" means a sign attached directly to or erected against the wall of a building with the face par- allel to the facade of the building and extending no more than twelve (12) inches from the wall. "Warehousing" means establishments involved in the storage and/or sale of bulk goods for resale or assem- bly, including wholesaling. This does not include estab- lishments offering the sale of bulk goods to the general public, which may be classified as large retail. Whip Antenna. See "omnidirectional antenna" under "Antenna, wireless." (Revised 5/12)20.42-14 20.42.040 "Wireless telecommunications facility" means a facility for the transmission and reception of radio or microwave signals used for communication, cellular phones, personal communications services, enhanced specialized mobile radio or any other services licensed by the FCC, and unlicensed wireless services including but not limited to associated equipment shelter, support tower and antenna array. "Worship and religious facility" means a building or structure primarily intended as a place for public wor- ship and related activities such as religious education, meeting halls, and kitchens, or places for personal wor- ship or meditation. It does not include preschools, paro- chial schools, day care facilities, major recreational facilities, vehicle or equipment storage yards, or other functions that are not clearly a necessary or integral part of the religious institution. "Yard" means that portion of a lot that lies between a lot line (property line) and the building line. (See also "Lot, front," "Lot, side," and "Lot, rear.") (1) "Front yard" means the yard area extend- ing the full width of the front of a lot between the front property line (lot line) and the front building line. (2) "Rear yard" means a yard extending the full width of the lot between the rear property line (lot line) and the rear building line. When irregular lots, through lots, and corner lots have no rear lot lines, they will have no rear yard areas as defined. (3) "Side yard" means a yard between the side lot line and the side building line and extending from the front yard to the rear yard. Triangular lots, cor- ner lots, or other irregularly shaped lots may have only front and side yards. Through lots generally have two (2) front yards and two (2) side yards, but no rear yard as defined. Yard, Construction or Storage. See "Storage yard." "Zero lot line" means the location of a building on a lot in such a manner that one (1) of its sides rests directly on a side lot line with no setback. (Ord. 5177 §3, 2012; Ord. 5063 §2, 2008; Ord. 5046 §2, 2008; Ord. 5008 §3 (part), 2007; Ord. 4977 §5, 2006; Ord. 4971 §4 (part), 2006; Ord. 4950 §8 (Exh. A) (part), 2005) 20.86-1 (Revised 5/12) Bremerton Municipal Code 20.86.060 Chapter 20.86 FREEWAY CORRIDOR ZONE (FC) Sections: 20.86.010 INTENT. 20.86.020 OUTRIGHT PERMITTED USES. 20.86.040 CONDITIONAL USES. 20.86.050 PROHIBITED USES. 20.86.060 DEVELOPMENT STANDARDS. 20.86.070 DESIGN STANDARDS. 20.86.080 PARKING REQUIREMENTS. 20.86.090 LANDSCAPING REQUIREMENTS. 20.86.100 SIGN STANDARDS. 20.86.010 INTENT. The intent of the freeway corridor (FC) zone is to identify areas for commercial activities that will typi- cally be region-serving in nature and scale. Uses in the zone benefit from high visibility from freeways serving the region, incorporate signage legible to fast-moving traffic, provide large areas for parking, and may include large-scale structures and/or outdoor display or storage areas. Design standards, buffering and/or other tech- niques are used to mitigate the effects of the intense uses allowed in the FC zone on less intense adjacent uses. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.86.020 OUTRIGHT PERMITTED USES. In the freeway corridor zone all uses are permitted outright except for those uses set forth as conditional uses per BMC 20.86.040, and those uses prohibited per BMC 20.86.050. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.86.040 CONDITIONAL USES. A conditional use permit, which is approved pursu- ant to BMC 20.58.020, may permit the following uses: (a) Heavy industrial/manufacturing, provided: (1) All standards of the noise levels ordi- nance, Chapter 6.32 BMC, are met; (2) No unshielded light or glare will be visible during periods of darkness in a residential zone; (3) No odor, dust or smoke byproduct will be clearly detectable on any adjacent or adjoining commer- cial or residential lot; (4) The applicant can demonstrate that the use will not significantly detract from the visual character of the area as seen from public rights-of-way or any adja- cent lot. Unkept or unsightly storage, refuse, yard, or equipment areas are elements with the potential to neg- atively impact visual character. (b) Adult business per BMC 20.46.110. (c) Class II group residential facilities, provided: (1) The facility will not create an operational conflict with the efficiency of large-scale freeway-ori- ented commercial use. (d) Opiate substitution treatment facility, pro- vided: (1) The permit shall be processed as a Type III Hearing Examiner decision; (2) No opiate substitution treatment facility shall be sited within 1,000 (one thousand) feet of another opiate substitution treatment facility; (3) Off-street parking shall be provided one (1) parking space per one hundred fifty (150) square feet of gross floor area; and (4) Landscaping is provided meeting the min- imum requirements for nonresidential uses as pre- scribed in Chapter 20.50 BMC. (Ord. 5177 §4, 2012: Ord. 4950 §8 (Exh. A) (part), 2005) 20.86.050 PROHIBITED USES. The following uses are prohibited in the freeway corridor zone: (a) Residential, as a primary or secondary use, except for Class II group residential facilities as a con- ditional use per BMC 20.86.040; (b) Recreational vehicle park; (c) Junk yard; (e) Motion picture theater; (d) Any use with significant adverse impacts on less intense uses in neighboring residential zones, deter- mined by the City by having any combination of the fol- lowing criteria: (1) Noise Encroachment. Generation of sound not meeting the provisions of the noise levels ordinance, Chapter 6.32 BMC; (2) Light/Glare Encroachment. Unshielded glare visible during periods of darkness in an adjacent residential zone; (3) Odor, Dust or Smoke Encroachment. Emission of an odor, dust or smoke byproduct clearly detectable in any residential zone. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.86.060 DEVELOPMENT STANDARDS. Lot development requirements shall be in accor- dance with the following standards unless allowed for by law otherwise: (a) Minimum front yard setback: twenty (20) feet; (b) Minimum side yard setback: zero (0) except when adjacent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b); (c) Rear yard setback: zero (0) except when adja- cent to the low density residential zone (R-10) where a (Revised 5/12)20.86-2 20.86.070 ten (10) to twenty (20) foot visual screen is required pur- suant to BMC 20.50.050(b); (d) No maximum building coverage, except all setback and landscaping requirements shall be met; (e) No maximum development coverage, except all setback and landscaping standards shall be met; (f) Maximum building height: sixty (60) feet. (Ord. 5046 §26, 2008; Ord. 4950 §8 (Exh. A) (part), 2005) 20.86.070 DESIGN STANDARDS. The following design standards shall be met: (a) Bulk. The horizontal dimension of any struc- ture facing a public right-of-way shall include visual treatment at intervals not to exceed one hundred (100) feet, for a width of not less than twenty (20) feet. Visual treatment shall be one or more of the following types: (1) An offset with a minimum depth of five (5) feet; (2) A facade material, texture or color that is visually different and distinct from the base material, texture or color. (b) Curb Cuts. The number of curb cut site entries from public rights-of-way shall be limited to the mini- mum number of curb cuts required for safe and efficient vehicle circulation into and out of the site. No curb cut width may exceed forty-eight (48) feet. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.86.080 PARKING REQUIREMENTS. Parking shall meet the standards of Chapter 20.48 BMC. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.86.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards of Chapter 20.50 BMC and the following requirements: (a) Buffers and screening adjacent to rights-of- way. All off-street parking areas, vehicle storage areas, and outdoor storage or work areas, except for those areas for display of vehicles or products for sale or lease, shall be screened or buffered from public rights-of-way by any combination of the following: (1) Five (5) foot wide landscaped buffer with evergreen hedge or other screen plantings of a size that will provide an immediate effective visual screen hav- ing a minimum height of five (5) feet; (2) Solid fence or wall a minimum of five (5) feet in height unless modified by the City to correct a visibility obstruction; or (3) An earthen berm planted with grass, shrubs, or other groundcover and having an effective visual height of at least five (5) feet; (b) Buffers or screening between commercial uses. The City may determine that landscape buffering or screening is required along an interior property line shared by commercial uses in cases where a higher intensity use such as light or heavy manufactur- ing/industry abuts a commercial use that is frequently visited by members of the public. Such buffering or screening is intended to minimize potential conflicts. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.86.100 SIGN STANDARDS. Signs shall meet the standards of Chapter 20.52 BMC. For freestanding signs, the maximum size and height standards of Figure 20.52(a) shall apply. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.98-1 (Revised 5/12) Bremerton Municipal Code 20.98.090 Chapter 20.98 INSTITUTIONAL (INST) Sections: 20.98.010 INTENT. 20.98.020 OUTRIGHT PERMITTED USES. 20.98.030 ACCESSORY USES. 20.98.040 CONDITIONAL USES. 20.98.060 DEVELOPMENT STANDARDS. 20.98.080 PARKING REQUIREMENTS. 20.98.090 LANDSCAPING REQUIREMENTS. 20.98.100 SIGN STANDARDS. 20.98.010 INTENT. The intent of the institutional (INST) zone is to pro- vide for continued operation and facilitate managed growth of existing major institutions within the City. Institutions in the zone shall also be compatible with surrounding neighborhoods. Major institutions include the Olympic College campus, and the Harrison Hospi- tal. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.98.020 OUTRIGHT PERMITTED USES. The following uses are permitted: (a) Co-location of wireless telecommunications facilities per BMC 20.46.140; (b) Community facility; (c) General office and business services; (d) General retail associated with an institution; (e) Higher education and colleges; (f) Hospitals; (g) Medical offices and clinics; (h) Outdoor athletic fields and park playground and open spaces; (i) Parking as a principal use; (j) Public administration; (k) Residential uses of the following types: (1) Group residential facility - Class I; (2) Nursing convalescent home; (3) Senior housing complex; (4) Single-unit dwelling unit, detached; (5) Single-unit dwelling unit, attached; (l) Restaurants (no drive-through facilities); (m) Schools and education uses; (n) Transportation facility; (o) Welfare and charitable services and facility; (p) Worship and religious facility. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.98.030 ACCESSORY USES. Any subordinate use with a direct connection to or association with the core functions of a higher education college or a hospital may be permitted by the Director as an accessory use. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.98.040 CONDITIONAL USES. A conditional use permit, which is approved pursu- ant to BMC 20.58.020, may permit the following uses: (a) Opiate substitution treatment facility, pro- vided: (1) The permit shall be processed as a Type III Hearing Examiner decision; (2) May only be located in the Institutional zone where the Harrison Medical Center campus is sited, in the vicinity of Cherry Avenue, Wheaton Way, and Clare Avenue; (3) No opiate substitution treatment facility shall be sited within 1,000 (one thousand) feet of another opiate substitution treatment facility; (4) Off-street parking shall be provided one (1) parking space per one hundred fifty (150) square feet of gross floor area; and (5) Landscaping is provided meeting the min- imum requirements for nonresidential uses as pre- scribed in Chapter 20.50 BMC. (Ord. 5177 §5, 2012) 20.98.060 DEVELOPMENT STANDARDS. Development shall be in accord with the following standards: (a) Minimum front yard setback: zero (0), except ten (10) feet where adjacent to any lot not within the institutional zone; (b) Minimum side yard setback: zero (0), except when adjacent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b); (c) Minimum rear yard setback: zero (0), except when adjacent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b); (d) Maximum height: eighty-five (85) feet, pro- vided all upper level setback requirements are met; (e) Upper level setbacks: where adjacent to any lot not within the institutional (INST) zone, structures shall be set back one (1) additional foot for each additional foot of height above thirty-five (35) feet. (Ord. 5046 §36, 2008; Ord. 4950 §8 (Exh. A) (part), 2005) 20.98.080 PARKING REQUIREMENTS. Parking shall meet the standards of Chapter 20.48 BMC. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.98.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards of Chapter 20.50 BMC. (Ord. 4950 §8 (Exh. A) (part), 2005) (Revised 5/12)20.98-2 20.98.100 20.98.100 SIGN STANDARDS. Signage shall meet the standards of Chapter 20.52 BMC. (Ord. 4950 §8 (Exh. A) (part), 2005) Number Subject Tables-7 (Revised 5/12) 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 5/12)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) 5160 (Number not used) 5161 Alley vacation (Special) 5162 Council districts; repeals Ord. 4812 (Repealed by 5179) 5163 Repeals Ch. 3.56, fiscal and cremation agent (Repealer) 5164 Adds § 18.02.175, fire code violation fines (18.02) 5165 Adds § 9A.44.110, lasers (9A.44) 5166 Amends § 13.04.140, liquor in city parks (13.04) 5167 Suspends One Percent for the Arts Program (2.32, 3.12) 5168 2012 tax levy (Special) 5169 Amends § 3.82.020, commercial parking tax (3.82) 5170 Amends § 3.50.050, utility taxes (3.50) 5171 Adds Ch. 11.18, addressing (11.18) 5172 Amends rates and fees for the department of public works and utilities (Not codified) 5173 Adopts 2012 budget (Special) Number Subject Tables-9 (Revised 5/12) 5174 Amends §§ 10.10.140, 10.11.010, 10.11.050 and 10.11.060, parking zones (10.10, 10.11) 5175 Amends 2011 budget (Special) 5176 (Renumbered) 5177 Adds § 20.98.040; amends §§ 20.42.020, 20.42.040 and 20.86.040, opiate substitution treatment facili- ties (20.42, 20.86, 20.98) 5178 Extends moratorium on medical marijuana collective gardens (Special) 5179 Council districts; repeals Ord. 5162 (Not codified) 5180 Street vacation (Special) 5181 Amends §§ 2.92.020 and 2.92.030, office of risk management (2.92) 5182 Amends § 10.04.034, inattention to driving (10.04)