HomeMy WebLinkAbout19 bremerton1214_supp19SUPPLEMENT DIRECTIONS
BREMERTON MUNICIPAL CODE
Supplement No. 19 – December 2014
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Title 2
2.18-1 – 2.18-3 .......................................... 2.18-1 – 2.18-3
Title 3
3.78-7 – 3.78-8 .......................................... 3.78-7 – 3.78-8
Title 5
Table of Contents .................................. Table of Contents
— ............................................................. 5.12-1 – 15.12-7
Title 7
7.10-1 – 7.10-2 .......................................... 7.10-1 – 7.10-2
Title 9A
9A.44-1 – 9A.44-2 ............................... 9A.44-1 – 9A.44-3
Title 20
20.12-3 – 20.12-4 ................................ 20.12-3 – 20.12-4a
20.12-7 ................................................... 20.12-7 – 20.12-8
20.52-1 – 20.52-7 .................................. 20.52-1 – 20.52-8
20.70-1 – 20.70-3 .................................. 20.70-1 – 20.70-4
Tables
3 – 4 ............................................................................ 3 – 4
7 – 10 ........................................................................ 7 – 11
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(Revised 12/14)
Updated by: _______
Dated: ____________
2.18-1 (Revised 12/14)
Chapter 2.18
AUDIT COMMITTEE AND CITY AUDITOR
Sections:
2.18.010 PURPOSE.
2.18.015 SCOPE OF WORK.
2.18.020 MEMBERSHIP.
2.18.030 TERM.
2.18.040 VOTING AND CONFLICT OF
INTEREST.
2.18.050 MEETINGS.
2.18.060 REPORTING.
2.18.070 CONFIDENTIALITY.
2.18.080 REMOVAL.
2.18.090 PROCEDURES.
2.18.010 PURPOSE.
The purpose of the Audit Committee, as provided in
the Charter of the City of Bremerton, Article III, Section
18, shall be to assure elected City officials and manage-
ment that the internal auditing of the municipality and
its departments, programs and activities is performed in
accordance with standards for the practice of internal
auditing and with professional standards of conduct.
“Internal Auditing is an independent, objective assur-
ance and consulting activity designed to add value and
improve an organization’s operations. It helps an orga-
nization accomplish its objectives by bringing a system-
atic disciplined approach to evaluate and improve the
effectiveness of risk management, control, and gover-
nance processes” as defined by the Institute of Internal
Auditors.
To this end, the Committee will:
(a) Conduct annual appraisals of the City Audi-
tor’s performance as to effectiveness and efficiency,
including a comparison of planned and actual audits;
(b) Review and approve the internal audit work
schedule and planned budget for the coming year;
(c) Review results of external and internal audits,
prior to release of internal audit reports, with specific
attention to:
(1) Restrictions;
(2) Cooperation received;
(3) Audit findings;
(4) Audit recommendations;
(d) Review and approve appropriate special audit
requests;
(e) Review and recommend revisions to policies
relating to unethical and illegal procedures;
(f) Ensure the City Auditor’s independence of
management;
(g) Meet regularly with the City Auditor;
(h) Help to assure that management is exercising
due professional care. (Ord. 5252 §1 (part), 2014: Ord.
4779, Amended, 11/26/2001; Ord. 4681, Added,
12/31/1999)
2.18.015 SCOPE OF WORK.
The three (3) fundamental characteristics of inter-
nal auditing function include (1) risk assessment and
control, (2) operations: effectiveness, efficiency, and
improvement, and (3) compliance with laws, regula-
tions, and contracts.
The scope of internal auditing will include but not
be limited to:
(a) Assurance services: traditional audits, investi-
gations and testing, performance evaluation, limited
assurance.
(b) Consulting and operations improvement ser-
vices: business process reviews, internal control educa-
tion and other training as requested and approved by
Audit Committee, and self-assessments reviews.
(c) Ethics compliance reviews per Chapter 2.96
BMC and compliance with all applicable Federal, State
and local laws and regulations.
(d) Serve as a liaison between external auditors to
assure audit coordination. (Ord. 5252 §1 (part), 2014:
Ord. 4779, Added, 11/26/2001)
2.18.020 MEMBERSHIP.
(a) There shall be an Audit Committee consisting
of two (2) Council members and an independent Certi-
fied Public Accountant to be designated by the City
Council, and two (2) Bremerton residents selected by
the designated members of the Audit Committee. The
City Council may designate one (1) alternate member to
serve in the absence of either or both of the appointed
Council members. The designation of the Council mem-
bers to the Audit Committee, including the alternate
member, shall be by the Council President. The designa-
tion of the Certified Public Accountant to the Audit
Committee shall be by vote of the City Council.
(b) The Audit Committee shall appoint the City
Auditor to serve at the pleasure of the Audit Committee.
The City Auditor shall only be removed by the majority
vote of the entire membership of the Committee sitting
as a whole.
(c) In order to foster continuity, during the first
meeting in January, the Committee shall elect one (1) of
its members as Chairperson and one (1) as Vice Chair-
person to serve a term of one (1) year. The Chairperson,
or in his or her absence the Vice Chairperson, will con-
duct the order of business at meetings, coordinate com-
munications of the committee, approve the Auditor’s
payroll and expenses, and perform all other duties as
specified by the Committee. (Ord. 5252 §1 (part), 2014:
Ord. 4911 §1, 2004; Ord. 4779, Amended, 11/26/2001;
Ord. 4681, Added, 12/31/1999)
(Revised 12/14)2.18-2
2.18.030 TERM.
Audit Committee members shall serve terms as fol-
lows:
(a) The two (2) Bremerton residents selected by
the other members of the Audit Committee shall serve
three (3) year staggered terms. Residents may be
appointed to an unlimited number of terms.
(b) The Council members designated by the City
Council shall serve for a term up to the unexpired term
of their current elected office, and may be re-appointed
during successive terms of elected office.
(c) The independent Certified Public Accountant
selected by Council shall serve a three (3) year term and
may be re-appointed for an unlimited number of terms.
The City Auditor shall be a permanent ex officio
member of the Audit Committee.
In the event that any member does not serve a full
term, either by resignation or removal, a replacement
shall be selected by the original appointing authority to
serve the remainder of the term. (Ord. 5252 §1 (part),
2014: Ord. 4779, Amended, 11/26/2001; Ord. 4681,
Added, 12/31/1999)
2.18.040 VOTING AND CONFLICT OF
INTEREST.
(a) Decisions of the Committee shall be by major-
ity vote of the members in attendance except that if a tie
vote occurs the City Auditor may cast a tie-breaking
vote. A Committee member may abstain from partici-
pating and voting at will or may be requested by Com-
mittee consensus to abstain from participating and
voting on issues that are subject to that member’s area
of control or influence.
(b) There shall be no voting by proxy except that
any member who will be absent may prepare a written
statement of position to the Chairperson in advance of
any meeting to be read to the members present during
that meeting. (Ord. 5252 §1 (part), 2014: Ord. 4911 §2,
2004; Ord. 4779, Amended, 11/26/2001; Ord. 4681,
Added, 12/31/1999)
2.18.050 MEETINGS.
The Audit Committee shall meet on the date, time
and place as established by the Committee. (Ord. 5252
§1 (part), 2014: Ord. 4779, Amended, 11/26/2001; Ord.
4681, Added, 12/31/1999)
2.18.060 REPORTING.
The Audit Committee shall issue periodic reports to
the City Council and Mayor and will advise City Coun-
cil and Mayor at any time and on any issue that the Com-
mittee deems essential for the effective performance of
duties and decisions by them; provided, that:
(a) The Committee and the parties will comply
with Chapter 42.17 RCW (Public Disclosure Laws).
(b) The Committee shall present to the City Coun-
cil and the Mayor, on a yearly basis, the City Auditor’s
summary of audits performed, reported upon, and
responded to by management.
The City Auditor shall report administratively and
functionally to the Audit Committee. In carrying out
duties and responsibilities, the City Auditor shall have
full, free and unrestricted access to all City activities,
records, property and personnel.
The City Auditor will advise the Audit Committee,
at regular meetings and upon request, of the audit work
anticipated, scheduled and/or performed. To this end:
(a) The City Auditor shall prepare projected
schedules for each quarter with the proposed objective
and scope of audit work for each audit, for Committee
review and approval.
(b) The City Auditor may discuss audit objectives
with the Audit Committee and relevant management
before the start date of an audit and as needed.
(c) The City Auditor may discuss audit findings
with the appropriate management during the course of
an audit and with the Committee as deemed necessary.
However, the Audit Committee reserves the privilege of
reviewing draft reports before such reports are issued
and routed; provided, that the review privilege shall not
exceed five days from report completion.
(d) A final draft of each audit report will be for-
warded to the director or elected official of that depart-
ment for review and comment before it is released. A
copy will also be provided to the Mayor. The depart-
ment must respond in writing specifying either agree-
ment with the audit findings and recommendations or
reasons for disagreement with findings and/or recom-
mendations, plans for implementing solutions to identi-
fied problems and a timetable to complete such
activities. The response must be forwarded to the Audi-
tor within twenty (20) working days unless an extension
is granted by the Auditor. The Auditor will include the
full text of the department and director/elected official’s
response in the report.
(e) A copy of each final report will be provided to
the Mayor, City Council, Director of Financial Services,
responsible department head, and others as directed by
the Audit Committee.
(f) Upon official submittal to the City Council and
Mayor, the report and response will no longer be exempt
from public disclosure.
(g) The City Auditor will ensure adequate and
appropriate responses to audit findings through periodic
follow-up reports to the City Council. (Ord. 5252 §1
(part), 2014: Ord. 5125 §1, 2010: Ord. 4779, Amended,
11/26/2001; Ord. 4681, Added, 12/31/1999)
2.18-3 (Revised 12/14)
2.18.070 CONFIDENTIALITY.
All employees and the auditee involved in an inves-
tigation by the City Auditor are subject to strict confi-
dentiality.
In order to protect the integrity of the Internal Audit
function, members of the Audit Committee will be held
to a strict standard of confidentiality. Strict confidential-
ity will be maintained for any communication between
the City Auditor and Committee members or between
individual Committee members, regardless of whether
the communication is generated during an Audit Com-
mittee meeting.
It is further understood that the City Auditor is to
retain all confidences obtained from managers during
performance of an audit. The City Auditor will commu-
nicate confidences obtained during an audit at the time
a report is presented to the Audit Committee if such
information is significant to the report conclusions and
findings, or if it is relevant and necessary to a request of
the Committee to change the scope of an audit or to dis-
continue a particular audit.
Confidences, which relate to illegal activities, shall
be immediately communicated to the City Attorney
and/or State Auditor. (Ord. 5252 §1 (part), 2014: Ord.
4779, Amended, 11/26/2001; Ord. 4681, Added,
12/31/1999)
2.18.080 REMOVAL.
The Audit Committee may request the removal of a
member by majority vote of the entire membership of
the Committee sitting as a whole, to the appointing
authority of that member. (Ord. 5252 §1 (part), 2014:
Ord. 4779, Amended, 11/26/2001; Ord. 4681, Added,
12/31/1999)
2.18.090 PROCEDURES.
The Audit Committee and the City Auditor may
adopt such policies, procedures, and directives as are
necessary to fulfill the purposes of their functions. Pro-
posed policies, procedures and directives shall be pre-
sented to the Audit Committee during a meeting and
may be approved upon a majority vote of the Audit
Committee. (Ord. 5252 §1 (part), 2014: Ord. 4779,
Amended, 11/26/2001; Ord. 4681, Added, 12/31/1999)
3.78-7 (Revised 12/14)
(Ord. 5260 §2 (Exh. B), 2014)
(Revised 12/14)3.78-8
(Revised 12/14)
Title 5
BUSINESS LICENSES AND REGULATIONS
Chapters:
5.02 GENERAL BUSINESS LICENSES
5.03 GENERAL PROVISIONS FOR REGULATORY
LICENSES
5.06 RENTAL PROPERTY REGISTRATION
5.08 STREET VENDORS
5.12 TAXICABS
5.16 TEMPORARY MERCHANTS, PEDDLERS AND
MOBILE FOOD VENDORS
5.17 CHARITABLE SOLICITATION
5.22 PUBLIC DANCES
5.36 SPECIAL EVENTS
5.88 BURGLAR ALARMS
5.96 EROTIC DANCE STUDIOS
5.12-1 (Revised 12/14)
Chapter 5.12
TAXICABS
Sections:
5.12.010 DEFINITIONS.
5.12.020 PURPOSE.
5.12.030 DUTIES OF POLICE CHIEF.
5.12.040 CERTIFICATES REQUIRED,
TERM AND RENEWAL.
5.12.050 TAXICAB BUSINESS
CERTIFICATE -
APPLICATION.
5.12.060 OWNER RESPONSIBILITIES -
OPERATIONS AND
NOTIFICATION.
5.12.070 VEHICLE MAINTENANCE -
INSPECTION.
5.12.080 VEHICLE DECAL - FEE.
5.12.090 NAME OF OWNER DISPLAYED
ON VEHICLE.
5.12.100 ISSUANCE OF TAXICAB
BUSINESS CERTIFICATE.
5.12.110 TAXICAB DRIVER’S
CERTIFICATE -
APPLICATION.
5.12.120 ISSUANCE OF TAXICAB
DRIVER’S CERTIFICATE.
5.12.130 DRIVER TO FURNISH
RECEIPT ON DEMAND.
5.12.140 NO SMOKING IN TAXICABS.
5.12.150 CRIMINAL BACKGROUND
CHECKS.
5.12.160 PENALTY.
5.12.170 CERTIFICATES AND
LICENSES - DENIAL,
SUSPENSION, AND
REVOCATION.
5.12.180 ADDITIONAL
ENFORCEMENT.
5.12.190 APPEALS.
5.12.010 DEFINITIONS.
For the purposes of this chapter, words and phrases
used in this chapter mean as follows:
(a) "Certificate holder" means any person as
defined herein required to obtain a taxicab business cer-
tificate or a taxicab driver’s certificate under the provi-
sions of this chapter.
(b) "City" means the City of Bremerton.
(c) "Compensation" means remuneration or any-
thing of economic value that is provided, promised, or
donated primarily in exchange for services rendered.
This includes but is not limited to voluntary donations,
fee-sharing between a taxicab association or transporta-
tion network company and an affiliated driver, or other
similar consideration.
(d) "Driver" means any person, whether agent,
employee, contractor, subcontractor or lessee autho-
rized to operate or physically engage in driving a taxicab
carrying passengers or baggage for hire, whether or not
such person is the owner of or has any financial interest
in the ownership of such vehicle; provided, however,
that the provisions of this chapter shall not apply to driv-
ers of motor vehicles operated by any municipal or pri-
vately owned, licensed nonprofit transit system.
(e) "Operate" or "engage in the business of operat-
ing any taxicab" means the pickup and transportation of
any fare-paying passenger or baggage from a point
within the geographical confines of the City, whether or
not the vehicle is dispatched from within any other
municipal corporation, and whether or not the ultimate
destination or route of travel is within the confines of the
City; provided, that nothing in this chapter shall be con-
strued to apply to taxicabs licensed by any other munic-
ipal corporation and transporting passengers from a
point within the licensing municipality to a destination
outside thereof, whether or not the ultimate destination
or route traveled is within the City.
(f) "Owner" means any person owning a taxicab
and/or a taxicab business who is required to obtain cer-
tificates for taxicabs under the provisions of this chap-
ter. In the case of a business entity, "owner" includes all
officers, directors, shareholders, general partners, lim-
ited partners and managing partners of the entity, all per-
sons vested with authority to manage or direct the affairs
of the legal entity or to bind the legal entity in dealings
with third parties, and all persons who have any owner-
ship interest.
(g) "Person" includes an individual, a corporation,
a partnership, any unincorporated association, or legal
entity. In the case of a business entity, "person" includes
all officers, directors, shareholders, general partners,
limited partners and managing partners of the entity, all
persons vested with authority to manage or direct the
affairs of the legal entity or to bind the legal entity in
dealings with third parties, and all persons who have any
ownership interest.
(h) "Sightseeing vehicle" or "charter bus" means
every motor vehicle held for public hire as a common
carrier, used primarily for sightseeing purposes and gen-
erally over a fixed route for a stipulated consideration
per trip.
(i) "Special service vehicle" means a vehicle
equipped to accommodate and which is used for the
transportation of developmentally disabled persons as
herein defined; the term "developmentally disabled"
means any person who is physically or mentally dis-
abled and who is transported by vehicle in a wheelchair.
(Revised 12/14)5.12-2
(j) "Taxicab," also known as a for-hire vehicle,
means every motor vehicle held for public hire as a com-
mon carrier, usually for transportation of individuals,
subject to call by the public generally or other form of
solicitation; and the fare is based on an amount recorded
and indicated on a taximeter, or on a special fare rate or
contracted agreement, a flat rate or any other compensa-
tion for the transportation of individuals as defined
herein. "Taxicab" includes sightseeing vehicles, special
service vehicles, and transportation network company
vehicles as defined herein.
(k) "Transportation network company (TNC)"
means a person or entity that provides application dis-
patch services to connect TNC drivers with passengers
for the transport of passengers. "Application dispatch
services" is any technology that allows consumers to
directly request, via the Internet or other means, dis-
patch of for-hire drivers for trips. (Ord. 5254 §1 (part),
2014)
5.12.020 PURPOSE.
This chapter is an exercise of the City’s power to
certify, control and regulate privately operated taxicab
transportation services within the City. These regulatory
purposes, without limitation, include protection of the
public health, safety and welfare as it relates to taxicab
transportation service within the City. (Ord. 5254 §1
(part), 2014)
5.12.030 DUTIES OF POLICE CHIEF.
(a) The examining of the qualifications of appli-
cants to operate taxicab businesses and applicants to
drive taxicabs, the certifying of taxicab businesses and
taxicab drivers, and the enforcing of the provisions of
this chapter shall be under the supervision of the Chief
of Police (hereafter referred to as "Chief"). All refer-
ences to the "Chief" in this chapter shall include the
Chief of Police and his or her designee.
(b) The Chief is authorized to promulgate rules
and regulations for the operation of taxicabs consistent
with the terms of this chapter.
(c) The Chief shall have authority and discretion
to interpret, administer and enforce the provisions of
this chapter. (Ord. 5254 §1 (part), 2014)
5.12.040 CERTIFICATES REQUIRED,
TERM AND RENEWAL.
(a) Owner. Any owner who engages in the busi-
ness of operating any taxicab in the City must obtain a:
(1) State of Washington for-hire certificate as
required by RCW 46.72.070;
(2) City general business license as required
by Chapter 5.02 BMC; and
(3) Taxicab business certificate as required
pursuant to the provisions of this chapter.
(b) Driver. All taxicab drivers must obtain a taxi-
cab driver’s certificate pursuant to this chapter.
(c) It is unlawful for any owner to allow operation
of its taxicab in the City without having first obtained
the licenses and certificates required by this chapter and
it is unlawful for any driver to operate a taxicab without
having first obtained a taxicab driver’s certificate as
required by this chapter. Issuance or renewal of a gen-
eral business license, taxicab business certificate and/or
taxicab driver’s certificate required by this chapter is
subject to compliance with the provisions of this chap-
ter.
(d) All certificates issued under this chapter shall
expire on December 31st of each year. Certificates must
be renewed by the certificate holder by making applica-
tion therefor with the Chief by December 15th for the
new certificate to be effective by the first of the succeed-
ing year. Certificate renewal is subject to the Chief’s
review in the same manner as the original application.
(e) The provisions of this chapter shall not apply to
motor vehicles operated by any municipal or privately
owned, licensed nonprofit transit system. (Ord. 5254 §1
(part), 2014)
5.12.050 TAXICAB BUSINESS
CERTIFICATE - APPLICATION.
(a) Applications. Applications for taxicab busi-
ness certificates shall be made by the owner thereof
upon forms to be furnished by the Chief.
(b) For-Hire Certificate. Applicants must provide
proof of any applicable valid state for-hire certificate or
license.
(c) Taxicab Business Certificate. The applications
shall contain:
(1) The full name and address of the owner;
(2) The type of each vehicle and each vehi-
cle’s passenger-carrying capacity;
(3) The vehicle registration with the proper
"cab" or "for-hire" endorsement;
(4) Certificate of insurance pursuant to sub-
section (d) of this section;
(5) Authorization for the Chief to review the
applicant’s driving record and criminal history pursuant
to BMC 5.12.150; and
(6) Any other information deemed necessary
by the Chief.
(d) Insurance. Applicants shall submit a certificate
of insurance to the City at the time of application with
the following requirements:
(1) Insurance coverage must comply with
Chapter 46.72 RCW as now or hereafter amended. In
addition, in the event the applicant leases its for-hire
vehicles, the applicant shall file proof of insurance cov-
erage of all of applicant’s lessees.
5.12-3 (Revised 12/14)
(2) Such insurance coverage must name the
City as an additional insured.
(3) Such insurance shall be maintained in full
force and effect for the full period to be covered by the
certificate, and failure to do so shall result in automatic
suspension.
(e) Denial, Suspension, or Revocation. A certifi-
cate may be denied, suspended, or revoked to any per-
son or business, as provided in BMC 5.12.170. (Ord.
5254 §1 (part), 2014)
5.12.060 OWNER RESPONSIBILITIES -
OPERATIONS AND
NOTIFICATION.
(a) The owner must ensure the taxicab is being
operated only by a driver who holds a valid taxicab
driver’s certificate and a valid Washington State
driver’s license.
(b) The owner must provide the Chief with a list of
all drivers prior to those drivers operating the owner’s
taxicabs, whether the drivers are employees or lessees.
(c) The owner must maintain a business address
and a mailing address where the owner can accept mail,
and a business telephone in working order that can be
answered at least 9:00 a.m. to 5:00 p.m., Monday
through Friday, and during all hours of operation. The
taxicab office or dispatch center may suffice for this
requirement.
(d) The owner shall comply with all requirements
for taxicabs within this chapter.
(e) The owner must notify the Chief within three
(3) working days of learning of the following occur-
rences:
(1) Any conviction or other final adverse find-
ing, including diversion agreements resulting from
criminal charges, received by the taxicab driver for any
criminal offense;
(2) Any vehicle accident required to be
reported to the State of Washington involving any taxi-
cab operated by the taxicab driver;
(3) Any restriction, suspension, or revocation
of the taxicab driver’s state motor vehicle driver’s
license;
(4) The hiring, leasing or termination of any
driver of its taxicabs, whether employee or lessee; or
(5) Any change in vehicles or registration of
vehicles. (Ord. 5254 §1 (part), 2014)
5.12.070 VEHICLE MAINTENANCE -
INSPECTION.
(a) Each taxicab shall be equipped and maintained
at all times by the owner for safety, cleanliness and law-
ful operation in accordance with the laws of the City and
the state and shall be furnished with such equipment as
the Chief shall deem necessary for such safe operation.
(b) The Chief may perform an initial check of each
taxicab prior to issuing a taxicab business certificate and
a vehicle decal to ensure each vehicle has appropriate
basic safety features and to confirm the vehicle identifi-
cation number, and may perform similar annual checks
of each taxicab.
(c) No taxicab shall be issued a permit unless there
is installed therein a taximeter capable of mechanically
calculating the rates for hire; provided, that the Chief
may, for good cause shown, waive the requirement for
installation of the taximeters.
(d) The taxicab owner shall maintain vigilance
over such vehicle to see that it is kept in a condition of
continued fitness for public use. The police department
may inspect all taxicabs on the complaint of any citizen,
or from time to time as may be deemed necessary. If the
police department has cause to believe a taxicab is not in
a condition safe for the transportation of passengers, the
Chief may order an inspection by an independent certi-
fied mechanic at the owner’s expense. (Ord. 5254 §1
(part), 2014)
5.12.080 VEHICLE DECAL - FEE.
(a) Upon completion of the appropriate form and
payment of the fee set forth in subsection (c) of this sec-
tion, and approval of the taxicab business application by
the Chief, the Chief shall deliver to the applicant one (1)
decal for each vehicle that will operate under the taxicab
business certificate; the decal shall be of such size and
form as may be prescribed by the Chief.
(b) The vehicle decal shall be displayed on the rear
bumper of each vehicle to the left of the license plate.
(c) The decal fee shall be as set forth in Chapter
3.01 BMC per annum for each taxicab issued a decal. In
the case of decals issued on or after July 1st of each year,
one-half of the annual fee shall be paid. Such decal shall
not be transferable. (Ord. 5254 §1 (part), 2014)
5.12.090 NAME OF OWNER DISPLAYED
ON VEHICLE.
Every taxicab operating under the provisions of this
chapter shall have the name of its owner plainly printed
in letters at least two (2) inches in height in a conspicu-
ous place on each side of the vehicle. When one (1)
company or individual owns or operates multiple taxi-
cabs, each taxicab shall display its owner’s name in uni-
form lettering. (Ord. 5254 §1 (part), 2014)
5.12.100 ISSUANCE OF TAXICAB
BUSINESS CERTIFICATE.
(a) Upon satisfactory fulfillment of the require-
ments set forth in this chapter, including approval by the
Chief, there shall be issued to the applicant a certificate
by the Chief. Taxicab business certificates shall be
issued for the calendar year.
(Revised 12/14)5.12-4
(b) The fee for a taxicab business certificate shall
be as set forth in Chapter 3.01 BMC.
(c) The certificate shall not be transferable. (Ord.
5254 §1 (part), 2014)
5.12.110 TAXICAB DRIVER’S
CERTIFICATE - APPLICATION.
(a) Applications. Applications for taxicab driver’s
certificates shall be made by any driver of a taxicab
upon forms to be furnished by the Chief. The operation
of a taxicab is a privilege, not a right. An applicant or
certificate holder’s ability to satisfy stated criteria for a
taxicab business certificate does not create a right to a
taxicab driver’s certificate.
(b) Driver’s Certificate. Every person driving a
taxicab must be certificated as such. Each applicant for
a driver’s certificate shall:
(1) Be licensed by the State of Washington to
drive a vehicle;
(2) Be twenty-one (21) years of age or over;
(3) Be able to speak, read, and write the
English language;
(4) Operate the taxicab with due regard for the
safety, comfort, and convenience of passengers;
(5) Provide proof of insurance as required
under state law if the driver will be a taxicab lessee not
covered under the taxicab owner’s insurance;
(6) Fill out upon a blank form to be provided
by the Chief a statement giving his or her full name;
address; age; height; color of eyes and hair; place of
birth; whether the applicant has ever been convicted of
a felony or a misdemeanor; whether the applicant has
been previously licensed or certificated as a driver or
chauffeur, and if so, when and where; whether his or her
license or certificate has ever been suspended or
revoked and for what cause; and any other information
deemed necessary by the Chief; and shall sign and swear
to such statement and file it with the Chief; and
(7) Every applicant must file with their appli-
cation two (2) recent photographs of himself or herself
of a size designated by the Chief and which may be eas-
ily attached to his or her certificate, one (1) of which
shall be so attached when issued; the other shall be filed
with the application. The photograph shall be so
attached to the certificate that it cannot be removed and
another photograph substituted without probability of
detection; and
(8) Authorization for the Chief to review the
applicant’s driving record and criminal history pursuant
to BMC 5.12.150; and
(9) Any other information deemed necessary
by the Chief.
(c) Denial, Suspension or Revocation. A taxicab
driver’s certificate may be denied, suspended or revoked
as provided in BMC 5.12.170. (Ord. 5254 §1 (part),
2014)
5.12.120 ISSUANCE OF TAXICAB
DRIVER’S CERTIFICATE.
(a) Upon satisfactory fulfillment of the require-
ments set forth in this chapter, including approval by the
Chief, there shall be issued to the applicant a certificate
by the Chief, which shall be in such form as to contain
the photograph and signature of the certificate holder.
Taxicab driver’s certificates shall be issued for the cal-
endar year.
(b) The fee for a driver’s certificate shall be as set
forth in Chapter 3.01 BMC.
(c) The certificate shall not be transferable.
(d) The certificate must be conspicuously dis-
played within the taxicab at all times the driver is oper-
ating the taxicab. (Ord. 5254 §1 (part), 2014)
5.12.130 DRIVER TO FURNISH RECEIPT
ON DEMAND.
If demanded by the paying passenger, the driver in
charge of the taxicab shall deliver to such passenger a
receipt in legible type or writing containing the name of
the owner, any items for which a charge is made, the
total amount paid, and the date of payment. (Ord. 5254
§1 (part), 2014)
5.12.140 NO SMOKING IN TAXICABS.
Taxicab drivers must ensure that no person, includ-
ing the taxicab driver, smokes cigarettes, e-cigarettes,
vapor cigarettes, pipes, cigars, marijuana, or any other
item within the taxicab. (Ord. 5254 §1 (part), 2014)
5.12.150 CRIMINAL BACKGROUND
CHECKS.
(a) All applicants for a taxicab business certificate,
including all owners as defined in BMC 5.12.010, and
all applicants for a taxicab driver’s certificate, including
all drivers as defined in BMC 5.12.010, must consent to
be fingerprinted for criminal background checks. Pursu-
ant to RCW 35.21.920, the Chief may request a state and
nationwide background check of each applicant at the
time of the applicant’s initial application and during
each certificate renewal thereafter. The applicant shall
submit fingerprints to the Washington State Patrol, who
will then conduct a state background check and forward
the fingerprints to the Federal Bureau of Investigation
for the nationwide background check. Applicants shall
be assessed both a state and nationwide background
check fee sufficient to cover the costs of the background
checks. The criminal background check fee shall be
nonrefundable and payable to the Washington State
Patrol, at the time the background checks are requested
and the fingerprints are provided. The applicant shall
5.12-5 (Revised 12/14)
also be responsible for paying a fee for each fingerprint-
ing as set forth in Chapter 3.01 BMC.
(b) Upon receipt of the fingerprints and the appro-
priate criminal background check fees, pursuant to
RCW 35.21.920, the Washington State Patrol will com-
pare the applicant’s fingerprints against its criminal
database and submit the fingerprints to the Federal
Bureau of Investigation for a comparison with nation-
wide records. The results will be sent directly to the City
for review. (Ord. 5254 §1 (part), 2014)
5.12.160 PENALTY.
In addition to or as an alternative to any other pen-
alty provided herein, any certificate holder, person, or
business that violates any provision of this chapter is
subject to the following:
(a) Infraction. The following infractions shall be
punishable by a civil penalty of one hundred twenty-five
dollars ($125.00).
(1) Failure to obtain, renew, and/or maintain
any certificates required by this chapter, other than a
Washington State driver’s license.
(2) To operate, or allow to be operated, a taxi-
cab that does not have required insurance.
(3) To operate, or allow to be operated, a taxi-
cab that does not have required vehicle registration with
the proper "cab" or "for-hire" endorsement.
(4) To operate, or allow to be operated, a taxi-
cab that does not have displayed a decal as specified in
BMC 5.12.080.
(5) For a taxicab driver to operate a taxicab
without a valid taxicab driver’s certificate as specified in
this chapter.
(6) Failure to comply with any provision of
this chapter.
(b) Misdemeanor.
(1) Any second or subsequent violation of
subsection (a) of this section within a six (6) month
period shall be a misdemeanor pursuant to BMC
1.12.020(2).
(2) For a driver to operate a taxicab, or an
owner to allow a driver to operate a taxicab, after the
driver’s certificate has been denied, suspended, or
revoked shall be a misdemeanor pursuant to BMC
1.12.020(2).
(3) For an owner to allow operation of its taxi-
cab after a taxicab business owner certificate has been
denied, suspended, or revoked shall be a misdemeanor
pursuant to BMC 1.12.020(2).
(4) Operation of a taxicab by a driver without
a valid Washington State driver’s license, or when the
driver’s Washington State driver’s license is suspended,
shall be a gross misdemeanor pursuant to BMC
1.12.020(1).
(c) Each day for which a violation occurs shall
constitute a separate offense. (Ord. 5254 §1 (part),
2014)
5.12.170 CERTIFICATES AND LICENSES -
DENIAL, SUSPENSION, AND
REVOCATION.
(a) Generally.
(1) Any application for the issuance or
renewal of a certificate issued under this chapter may be
denied, and any certificate issued under this chapter may
be suspended or revoked based on one (1) or more fail-
ures to comply with the requirements of this chapter or
based on one (1) or more violations of the requirements
of this chapter as well as the provisions set forth below.
(2) The Chief shall have the power and
authority to deny, suspend or revoke any certificate
required under the provisions of this chapter. The Chief
shall notify such applicant or certificate holder in writ-
ing by certified mail or personal service of the denial,
suspension or revocation of his or her certificate appli-
cation or certificate and the grounds therefor.
(3) Failure to comply with the provisions of
this chapter may result in the denial or revocation of a
general business license pursuant to BMC 5.02.180.
(b) Taxicab Business Certificate. A taxicab busi-
ness certificate may be suspended or revoked or an
application denied, in the sole discretion of the Chief, if
the applicant, certificate holder or any of its owners does
any of the following:
(1) Allows any person to drive a taxicab
which is not in safe condition;
(2) Allows a driver to operate owner’s taxicab
when insufficiently covered by insurance under state
law;
(3) Makes any false statement on the applica-
tion or omits information required on the application;
(4) Owns a taxicab that is engaged in business
at any time when its driver does not have a valid taxicab
driver’s certificate;
(5) Owns a taxicab that is engaged in business
at any time when it does not have a proper or valid taxi-
cab vehicle license or registration;
(6) Operates or permits the operation of the
taxicab while the driver is using or in possession of alco-
hol or controlled substances;
(7) Falsifies or omits any record, document or
information required to be kept or submitted to the City
by this chapter, or by rule or regulation prescribed there-
under;
(8) At any time fails to meet the qualifications
for a taxicab business certificate under this chapter, in
the discretion of the Chief;
(Revised 12/14)5.12-6
(9) Violates any of the ordinances of the City
or laws of the state, the violation of which reflects unfa-
vorably on the fitness of the certificate holder to offer
public transportation;
(10) Exhibits or has exhibited past behavior
from which the Chief could reasonably conclude that the
applicant or certificate holder does not possess the skill,
care or judgment necessary to operate a taxicab business
with due regard for the safety of passengers and the pub-
lic at large or does not possess the trust and honesty nec-
essary in operating a taxicab business. In making this
determination, the Chief may consider the following:
(i) Whether the applicant, certificate
holder or any owner has been convicted of violating any
law or ordinance reasonably related to the applicant’s or
certificate holder’s fitness or ability to operate a taxicab
business, such as laws or ordinances pertaining to alco-
hol, controlled substances, prostitution, gambling, phys-
ical violence, fraud, larceny, extortion, theft,
racketeering, or any crime of moral turpitude;
(ii) Any other record and/or reputation as
to the applicant or certificate holder being law-abiding;
(iii) The applicant’s or certificate holder’s
business experience and the nature and kind of occupa-
tion or business in which the applicant or certificate
holder has previously been engaged;
(iv) The manner in which an applicant or
certificate holder has previously conducted business; or
(v) Any other conduct exhibited by the
applicant or certificate holder which would lead the
Chief to reasonably conclude that the applicant, certifi-
cate holder or any owner is dishonest or immoral, or
desires such certificate to enable said person or entity to
engage in a dishonest, unlawful, or immoral act, practice
or enterprise.
(11) Violates any of the provisions of this
chapter.
(c) Taxicab Driver’s Certificate. Any driver of a
taxicab may have his or her taxicab driver’s certificate
suspended or revoked or an application denied, in the
sole discretion of the Chief, if the driver:
(1) At any time fails to meet the qualifications
for a taxicab driver under this chapter;
(2) At any time has his or her state motor vehi-
cle driver’s license suspended or revoked during the
time period covered by the certificate;
(3) At any time drives a taxicab without insur-
ance coverage as required under state law;
(4) At any time uses or is found to be in pos-
session or consumption of controlled substances or alco-
hol while in control of or while operating any taxicab;
(5) At any time drives a taxicab without a
valid taxicab driver’s certificate;
(6) Makes any false statement in his or her
application or omits information required on the appli-
cation;
(7) Fails, while operating or in control of a
taxicab, to display identification or a decal with the
information and in the manner and form required in this
chapter;
(8) At any time exhibits conduct which would
lead the Chief to reasonably conclude that the applicant
or certificate holder does not possess the skill, care or
judgment necessary to operate the taxicab with due
regard for the safety, health, or welfare of passengers
and the public at large;
(9) At any time exhibits conduct which would
lead the Chief to reasonably conclude that the applicant
or certificate holder does not possess the trust and hon-
esty necessary in dealing with money and property of
the public;
(10) At any time exhibits conduct which would
lead the Chief to reasonably conclude that the applicant
or certificate holder is immoral or desires such certifi-
cate to enable him to engage in an immoral act, practice
or enterprise;
(11) Exhibits or has exhibited past behavior
from which the Chief could reasonably conclude that the
applicant or certificate holder does not possess the skill,
care or judgment necessary to operate a taxicab with due
regard for the safety of passengers and the public at
large or does not possess the trust and honesty necessary
in operating a taxicab. In making this determination, the
Chief may consider the following:
(i) Whether the applicant or certificate
holder has been convicted of violating any law or ordi-
nance reasonably related to the applicant’s or certificate
holder’s fitness or ability to operate a taxicab, such as
laws or ordinances pertaining to alcohol, controlled sub-
stances, prostitution, gambling, physical violence,
fraud, larceny, extortion, theft, racketeering, or any
crime of moral turpitude;
(ii) Any other record and/or reputation as
to the applicant or certificate holder being law-abiding;
or
(iii) Any other conduct exhibited by the
applicant or certificate holder which would lead the
Chief to reasonably conclude that the applicant or certif-
icate holder is dishonest or immoral, or desires such cer-
tificate to enable said person or entity to engage in a
dishonest, unlawful, or immoral act, practice or enter-
prise; or
(12) Violates any of the provisions of this
chapter. (Ord. 5254 §1 (part), 2014)
5.12-7 (Revised 12/14)
5.12.180 ADDITIONAL ENFORCEMENT.
In lieu of or in addition to any enforcement of the
provisions of this chapter, the City Attorney or designee
shall, at his or her discretion, have authority to file an
action in a court of competent jurisdiction to seek
enforcement of this chapter, including, but not limited
to, the cure or abatement of any violation and the assess-
ment and collection of penalties, fees and costs. (Ord.
5254 §1 (part), 2014)
5.12.190 APPEALS.
(a) Any applicant or certificate holder may, within
fourteen (14) calendar days from the date that the denial,
suspension or revocation notice was mailed to the appli-
cant or certificate holder, appeal from such denial, sus-
pension or revocation by filing a written notice of appeal
setting forth the grounds therefor with the Administra-
tive Hearing Examiner pursuant to Chapter 2.13 BMC.
A filing fee as set forth in Chapter 3.01 BMC shall be
submitted with the appeal, which filing fee is required to
process the appeal. The hearing shall be conducted in
accordance with the procedures for hearing contested
cases set out in Chapter 2.13 BMC. After the hearing
thereon the Administrative Hearing Examiner shall,
after appropriate findings of fact, and conclusions of
law, affirm, modify, or overrule the denial, suspension
or revocation and order issuance or reinstatement of the
certificate, and may impose any terms thereupon.
(b) No renewal, suspension or revocation of a cer-
tificate issued pursuant to the provisions of this chapter
shall take effect until fourteen (14) calendar days after
service of the notice thereof by the Chief, and if the
appeal is timely filed, the renewal or revocation shall be
stayed pending final action by the Administrative Hear-
ing Examiner. All certificates which are revoked shall
be surrendered to the City on the effective date of such
revocation.
(c) The decision of the Administrative Hearing
Examiner shall be final. The applicant or certificate
holder and/or the City may seek review of the decision
by the Superior Court of Washington in and for Kitsap
County within twenty-one (21) calendar days from the
date of the decision. If review is sought as herein pre-
scribed, the renewal or revocation shall be stayed pend-
ing final action by the Superior Court.
(d) When revoked, the certificate shall be canceled
and immediately surrendered to the Chief. Upon revoca-
tion of any certificate as provided in this chapter, no por-
tion of the certificate fee shall be refunded to the
certificate holder.
(e) Upon denial or revocation, the person whose
application was denied or certificate suspended or
revoked shall not be granted a similar certificate, upon
any new application that may be made, for a period of
ninety (90) calendar days from date of denial or revoca-
tion and, further, no similar certificate shall be issued
until such person cures any defaults that resulted in the
denial or revocation. (Ord. 5254 §1 (part), 2014)
7.10-1 (Revised 12/14)
Bremerton Municipal Code 7.10.020
Chapter 7.10
IMPOUNDMENT AND QUARANTINE
Sections:
7.10.010 IMPOUNDING, REDEMPTION,
AND DISPOSITION OF PETS
AND/OR LIVESTOCK.
7.10.020 QUARANTINE.
7.10.030 UNLAWFUL - VIOLATIONS
AND PENALTIES.
7.10.010 IMPOUNDING, REDEMPTION,
AND DISPOSITION OF PETS
AND/OR LIVESTOCK.
(a) Impounding Pets and/or Livestock. Pets and/or
livestock may be impounded in the following situations:
(1) When the animal is at large;
(2) When the animal has been subjected to
cruel treatment as defined by Chapter 16.52 RCW;
(3) When the animal has injured or bitten a
person or other animal, and/or where the animal poses a
threat to people or other animals;
(4) When the animal is found in violation of
any restrictions imposed by a court, animal control
authority or hearing examiner, relating to potentially
dangerous animals; or to BMC 7.12.030 relating to dan-
gerous animals;
(5) When the animal is found in violation of
BMC 7.15.010(c) pertaining to animal noise, after two
(2) written warnings to the owner within a calendar
year;
(6) When the animal is found within the City
limits and has previously been declared to be a danger-
ous animal by a court, animal control authority or hear-
ing examiner.
(b) Place and Manner of Impoundment. Pets and
livestock shall be impounded in the place and manner
designated by the animal control authority.
(c) Authority to Pursue. Animal control authority
employees may pursue pets or livestock running at large
onto City-owned property, vacant property and unen-
closed private property to seize, remove, and impound
such animals. This shall not restrict the animal control
authority to pursue/impound an animal pursuant to
Chapter 16.52 RCW.
(d) Notice to Owner. Forthwith following
impoundment, the animal control authority shall notify
the owner of the animal of its impoundment; provided,
if the owner of the animal is unknown, the animal con-
trol authority shall make reasonable efforts to notify the
owner of the impoundment.
(e) Redemption of Impounded Animals.
(1) Pets may be redeemed upon payment of
the cost of the animal’s medical care, an impound fee, a
vaccination fee, a boarding fee, and any appropriate
license and microchip fees.
(2) Livestock may be redeemed upon pay-
ment of an impound fee, a boarding fee, and, if
impounding requires special transportation, a special
transportation fee.
(3) All costs and fees shall be charged per ani-
mal handled by the animal control authority. The appli-
cable fees are set forth in Chapter 3.01 BMC.
(f) Disposition of Impounded Animals Not
Redeemed.
(1) When a pet is not redeemed, no sooner
than ninety-six (96) hours following impoundment, the
animal control authority may give or adopt the animal to
an animal welfare organization or qualified person, or
euthanize the animal.
(2) When livestock is not redeemed, no
sooner than seventy-two (72) hours following impound-
ment, the animal control authority may give or adopt the
animal to an animal welfare organization or qualified
person, or may commence to auction the animal to the
highest bidder that can provide the animal with a suit-
able environment, or euthanize the animal. Notice of the
auction and a description of the livestock to be auc-
tioned shall be published at least seven (7) calendar days
prior to the sale in the official City newspaper. Such
notice shall also be mailed to the owner of the livestock,
if known.
(3) When a feral cat is not redeemed, no
sooner than twenty-four (24) hours following impound-
ment, the animal control authority may give or adopt the
animal to an animal welfare organization or qualified
person, or euthanize the animal.
(g) Disposition of Sick or Injured Impounded Ani-
mals. Sick or injured impounded animals may be eutha-
nized in accordance with RCW 16.52.210. (Ord. 5253
§1, 2014: Ord. 4949 §1 (part), 2005: Ord. 4807,
Repealed & Replaced, 06/28/2002)
7.10.020 QUARANTINE.
A pet or livestock that bites and breaks the skin of
any person may be impounded by the animal control
authority and, if impounded, shall be quarantined for ten
(10) calendar days to determine if the animal is infected
with a disease. The place of quarantine shall be estab-
lished by the animal control authority. The animal con-
trol authority may, in its discretion, allow the owner of
the animal to maintain the quarantine. Any boarding
fees incurred during the quarantine shall be paid by the
owner of the animal. During the quarantine, the animal
shall not have contact or access to any person or any
(Revised 12/14)7.10-2
7.10.030
other pet or livestock other than with the owner of the
animal or animal control authority employees. (Ord.
4949 §1 (part), 2005: Ord. 4807, Repealed & Replaced,
06/28/2002)
7.10.030 UNLAWFUL - VIOLATIONS AND
PENALTIES.
(a) It shall be unlawful:
(1) For an owner or keeper to sell an animal
knowing it to be ill or injured without first disclosing
such knowledge to the buyer;
(2) For an owner or keeper to refuse to quar-
antine or permit the quarantine of an animal when and
as required by BMC 7.10.020;
(3) For any person to prevent, obstruct or hin-
der the impoundment of an animal pursuant to BMC
7.10.010.
(b) Any violation of this chapter as set forth in this
section shall constitute a misdemeanor pursuant to BMC
1.12.020(2). Further, any person, firm or corporation
violating the provisions of this chapter shall be deemed
guilty of a separate offense for each and every day or
portion thereof during which any violation of this sec-
tion is committed, continued or permitted. (Ord. 4949
§1 (part), 2005)
9A.44-1 (Revised 12/14)
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 TRANSIT
CONDUCT.
9A.44.065 URINATING IN PUBLIC.
9A.44.070 INDECENT EXPOSURE.
9A.44.080 INTRODUCING CONTRABAND
IN THE THIRD DEGREE.
9A.44.090 RIOT.
9A.44.100 LASERS.
9A.44.110 AGGRESSIVE BEGGING.
9A.44.120 PEDESTRIAN OR VEHICULAR
INTERFERENCE.
9A.44.130 UNLAWFUL SOLICITATION
IN PROHIBITED ROADWAYS.
9A.44.140 UNLAWFUL SOLICITATION
AT DESIGNATED LOCATIONS.
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. 5208 §2 (part), 2013: 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. 5208 §2 (part), 2013: 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. 5208 §2 (part), 2013: 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. 5208 §2 (part), 2013: 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.
5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011: Ord.
4850 §2 (in part), 2003)
9A.44.060 UNLAWFUL TRANSIT CONDUCT.
RCW 9.91.025 is adopted by reference as currently
enacted and as hereinafter amended from time to time,
and shall be given the same force and effect as if set
forth herein in full. (Ord. 5208 §2 (part), 2013: Ord.
5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003)
9A.44.065 URINATING IN PUBLIC.
(a) A person is guilty of the crime of urinating in
public if he or she intentionally urinates or defecates in
a public place, other than a washroom or toilet room, or
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. 5208 §2 (part), 2013: Ord.
5145 §1 (in part), 2011)
9A.44.070 INDECENT EXPOSURE.
RCW 9A.88.010, with the exception of those provi-
sions contained therein for which a violation constitutes
a felony crime, is adopted by reference as currently
enacted and as hereinafter amended from time to time,
and shall be given the same force and effect as if set
forth herein in full. (Ord. 5208 §2 (part), 2013: Ord.
5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003)
(Revised 12/14)9A.44-2
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. 5208 §2 (part), 2013: 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. 5208 §2 (part), 2013: Ord.
5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003)
9A.44.100 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. 5262 §2, 2014: Ord. 5208
§2 (part), 2013: Ord. 5165 §1, 2011. Formerly
9A.44.110)
9A.44.110 AGGRESSIVE BEGGING.
(a) Definitions. The following definitions apply in
this section:
(1) "Intimidate" means to engage in conduct
which would make a reasonable person fearful or feel
compelled.
(2) "Beg" means to ask for money or goods as
a charity, whether by words, bodily gestures, signs, or
other means.
(3) "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) Violation. A person is guilty of aggressive beg-
ging if, in a public place, he or she begs with the intent
to intimidate another person into giving money or
goods.
(c) Penalty. Aggressive begging is a misdemeanor
as defined in BMC 1.12.020(2). (Ord. 5262 §4, 2014)
9A.44.120 PEDESTRIAN OR VEHICULAR
INTERFERENCE.
(a) Definitions. The following definition applies
in this section:
"Public place" means an area generally visible to
public view and includes alleys, bridges, buildings,
driveways, parking lots, parks, plazas, sidewalks and
streets open to the general public, including those that
serve food or drink or provide entertainment, and the
doorways and entrances to buildings or dwellings and
grounds enclosing them.
(b) Violation. A person is guilty of pedestrian or
vehicular interference if, in a public place, he or she
intentionally walks, stands, sits, lies, or places 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.
(c) Exceptions. 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 pedes-
trian or vehicular interference.
(d) Penalty. Pedestrian or vehicular interference is
a misdemeanor as defined in BMC 1.12.020(2). (Ord.
5262 §5, 2014)
9A.44.130 UNLAWFUL SOLICITATION IN
PROHIBITED ROADWAYS.
(a) Purpose. The purpose of this section is to pro-
mote the City’s fundamental interest in public peace,
health, and safety, by regulating acts of solicitation that
occur within certain designated roadways which pose
substantial risks to vehicular and pedestrian safety due
to high volume traffic, limited or no parking and/or
other safety factors.
(b) Definitions. The following definitions apply in
this section:
(1) "Contact" means actual physical contact
or the giving or receiving of any item from one (1) per-
son to another.
(2) "Enter" means to cross the vertical plane
of the edge of a prohibited roadway with any part of a
person’s body or any extension thereof.
(3) "Roadway" means the portion of a street
or highway within the City primarily used for vehicular
travel including medians, paved shoulders and bike
lanes, but does not include the curbs and sidewalks.
(4) "Solicit" means:
(i) Either orally or in writing, directly or
by implication, to ask, beg, request or plead for employ-
ment, goods, services, financial aid, monetary gifts, or
any article representing monetary value, for any pur-
pose;
(ii) Either orally or in writing, to sell or
offer for immediate sale goods, services, or publica-
tions;
(iii) To distribute without remuneration
goods, services, or publications; or
(iv) To solicit signatures on a petition or
opinions for a survey.
(c) Violation. A person is guilty of unlawful solic-
itation in prohibited roadways if he or she solicits from
9A.44-3 (Revised 12/14)
an occupant of any vehicle that is on a prohibited road-
way, enters the prohibited roadway before, during or
after the solicitation, and contacts an occupant of any
vehicle on the prohibited roadway. Prohibited roadway
includes the following:
(1) 6th Street.
(2) 11th Street.
(3) Burwell Street.
(4) Charleston Boulevard.
(5) Kitsap Way east of State Highway 3.
(6) Naval Avenue south of 11th Street.
(7) Sheridan Road.
(8) Sylvan Way.
(9) Warren Avenue.
(10) Washington Avenue.
(11) Wheaton Way.
(d) Exceptions. It is not a violation under this sec-
tion if the person entering a prohibited roadway:
(1) Contacts a vehicle occupant when the
vehicle is legally parked;
(2) Is summoning aid in an emergency situa-
tion; or
(3) Is a law enforcement officer in the perfor-
mance of official duties.
(e) Penalty. Unlawful solicitation in prohibited
roadways is a misdemeanor as defined in BMC
1.12.020(2). (Ord. 5262 §6, 2014)
9A.44.140 UNLAWFUL SOLICITATION AT
DESIGNATED LOCATIONS.
(a) Purpose. The purpose of this section is to pro-
mote the City’s fundamental interest in public peace,
health, and safety by regulating acts of solicitation that
occur at locations and under circumstances specified
herein which pose substantial risks to pedestrian safety,
and which harm the efficient movement and personal
and financial security of citizens, tourists and other
pedestrians. The in-person solicitation of funds com-
bined with the immediate receipt of that money, when
directed to someone transacting business at an auto-
mated teller machine or preparing to board a bus at a bus
stop, creates a risk of fraud and duress and is a public
safety concern. It is the purpose of this section to protect
citizens from the fear and intimidation accompanying
certain kinds of solicitation while providing safe and
appropriate venues for constitutionally protected activ-
ity.
(b) Definitions. The following definitions apply in
this section:
(1) "Automated teller machine (ATM)"
means a machine, other than a telephone, whether
owned by a financial institution or a third party:
(i) That is capable of being operated by a
customer of a financial institution;
(ii) By which the customer may commu-
nicate to the financial institution directly or indirectly a
request to withdraw, deposit, transfer funds, make pay-
ment, or otherwise conduct financial business for the
customer or for another person; and
(iii) The use of which may or may not
involve personnel of a financial institution.
(2) "Solicit" means requesting an immediate
contribution, donation or gift of money from a person or
persons unknown to the solicitor.
(c) Violation. A person is guilty of unlawful solic-
itation if he or she, in a continuous or repetitive manner,
solicits and receives funds:
(1) Within fifteen (15) feet of an ATM, mea-
sured from the solicitor to the nearest entrance or exit of
a facility in which an ATM is enclosed or, if the machine
is not enclosed in a facility, to the nearest part of the
ATM; or
(2) Within fifteen (15) feet of a public bus
stop, measured from the solicitor to the nearest part of
the bus stop bench, shelter or other structure, or if the
bus stop has no bench, shelter or other structure, to the
nearest sign or marking designating the area as a bus
stop.
The distance between the solicitor and the
ATM or the bus stop shall be measured in a straight line,
without regard to intervening structures or objects.
(d) Penalty. Unlawful solicitation at designated
locations is a misdemeanor as defined in BMC
1.12.020(2). (Ord. 5262 §7, 2014)
20.12-3 (Revised 12/14)
Bremerton Municipal Code 20.12.060
lar circumstances related to said parcel such as warning
statement(s), limitation(s), restriction(s) or other.
"Title report" means the written analysis of the sta-
tus of title to real property, including a property descrip-
tion, names of titleholders and how title is held (joint
tenancy, etc.), encumbrances (mortgages, liens, deeds of
trusts, recorded judgments), and real property taxes due.
"Tract" means land reserved for special uses such as
open space, surface water retention, utilities, or access.
Tracts are not counted as lots nor considered as building
sites. (Ord. 4980 §1 (part), 2006)
20.12.050 ADMINISTRATION.
The Director is vested with the duty of administer-
ing and implementing the provisions of this chapter.
(Ord. 4980 §1 (part), 2006)
20.12.060 GENERAL PROVISIONS.
(a) Submittal. All applications made pursuant to
this chapter shall be to the Department.
(b) Minimum Requirements. The provisions set
forth in this chapter shall constitute the minimum
requirements necessary to promote the public health,
safety, and general welfare.
(c) Preliminary Consultation. Any person who
desires to subdivide land within the boundaries of the
City should consult with the Department at an early date
to become familiar with the requirements of this chapter
and for assistance in understanding the engineering
requirements and the construction standards of the City.
(d) Compliance. Whenever any parcel of land is
divided into two (2) or more lots, no person, firm, cor-
poration or agents of them shall sell, transfer or adver-
tise for sale or transfer any such lot without having a
subdivision recorded unless preliminary subdivision
approval expressly conditions a performance of an offer
or agreement to sell, lease, or otherwise transfer a lot,
tract, or parcel of land on the recording of the final plat
pursuant to RCW 58.17.205.
(e) Critical Areas Environmental Consideration.
Lands designated as critical areas such as wetlands,
aquifers, streams, flood hazards, geological hazards and
wildlife habitats shall not be subdivided or have lot lines
adjusted unless adequate safeguards are provided as pre-
scribed in Chapter 20.14 BMC, Critical Areas.
(f) Critical Areas Notice on Title. When a critical
area is verified on a property by an assessment or delin-
eation, a notice of its presence shall be recorded by the
applicant at the office of the Kitsap County Auditor. The
notice may be on the face of a subdivision, or it may be
on a form specified by the Department. The notice shall
be notarized and proof must be submitted that the notice
was legally recorded before final approval for develop-
ment is issued. The notice shall run with the land and
failure to record such notice shall be in violation of this
chapter.
(g) Fees. The applicant shall pay a fee according to
the fee schedule set forth in Chapter 3.01 BMC, which
shall accompany the application.
(h) Bonding of Improvements. In lieu of the com-
pletion of the actual construction of any required
improvements prior to the approval of a final subdivi-
sion, the City may accept a bond providing for and
securing the actual construction and installation of such
improvements within a period specified by the City. In
addition, the City may provide for methods of security,
including the posting of a bond securing the successful
operation of improvements for up to two (2) years after
final approval.
(i) Severability. If any provision of this chapter or
its application to any person or circumstance is held
invalid, the remainder of this chapter, or the application
of the provision to other persons or circumstances, shall
not be affected.
(j) Phasing. Phased development may be permit-
ted with a preliminary formal subdivision application,
provided all of the following criteria are met:
(1) Phasing Timelines. The first phase sub-
mitted for final subdivision approval must be completed
prior to the expiration of the preliminary plat (five (5)
years or as otherwise defined by RCW 58.17.140). For
each subsequent phase, required infrastructure shall be
completed and a final subdivision application shall be
submitted within two (2) years of the date of the previ-
ous phase’s final subdivision approval. No project shall
include more than a maximum of four (4) phases. Pro-
vided no extensions are granted, this allows for a total of
eleven (11) years for project completion.
(2) Phasing Plan. A phasing plan must be sub-
mitted and approved with the preliminary subdivision
application and must include a minimum of the follow-
ing materials:
(i) The proposed time limits for each
phase shall be clearly indicated; and
(ii) The plan shall identify the number,
density of lots, open space areas, parks, roads, and
stormwater facilities to be located and developed in
accordance within each phase. Said feature location and
size shall be clearly identified on the plans; and
(iii) The plan shall include an analysis and
supplemental plans as necessary that identify how each
phase or as established in RCW 58.17.140 will ade-
quately provide for services such as roadway design,
utility, and public service systems, safe walking routes,
stormwater, etc.
(k) Expiration and Extension of Preliminary For-
mal Subdivisions. The approval given to a preliminary
formal subdivision shall expire within five (5) years fol-
lowing approval (or as outlined in RCW 58.17.140),
unless a complete final subdivision application, meeting
the conditions of approval, is submitted to the City prior
(Revised 12/14)20.12-4
20.12.070
to expiration. Should extenuating circumstance arise,
the applicant may apply for a one (1) year extension pro-
vided all of the following criteria are met:
(1) The application for an extension is filed at
least thirty (30) days prior to the preliminary subdivision
expiration; and
(2) No project may receive more than two (2)
extensions for the life of the project. This applies to
standard and phased projects. Each extension shall not
be granted for more than a single, one (1) year exten-
sion; and
(3) The applicant can demonstrate tangible
progress and reasonable diligence being made toward
infrastructure completion such that it is clear that project
completion will occur within the timeline of the exten-
sion requested (no more than one (1) year); and
(4) The applicant demonstrates that the exten-
sion requested is the minimum necessary to finalize the
necessary infrastructure/improvements required for
final subdivision approval; and
(5) The director finds there are no substantial
changes in conditions that would render approval of the
extension contrary to public health, safety or general
welfare. (Ord. 5261 §2 (part), 2014: Ord. 4980 §1 (part),
2006)
20.12.070 SURVEY REQUIREMENTS.
(a) A Washington State licensed land surveyor
registered pursuant to Chapter 18.43 RCW shall pre-
pare, stamp, and seal all proposed subdivisions.
(b) A survey is required for all final approvals of
subdivisions and shall meet the survey standards of
Chapter 58.09 RCW and Chapter 332-130 WAC.
(c) The surveyor shall certify on the final docu-
ment to be recorded that it is a true and correct represen-
tation of the lands actually surveyed.
(d) Whenever a survey reveals a discrepancy, the
discrepancy shall be noted on the face of the subdivi-
sion. "Discrepancy" means: (1) a boundary hiatus; (2)
an overlapping boundary; or (3) a physical appurte-
nance, which indicates encroachment, lines of posses-
sion, or conflict of title. (Ord. 4980 §1 (part), 2006)
20.12.080 SUBDIVISION CATEGORIES.
When reference to "subdivision" is made in this
code, it is intended to refer to "short subdivision," "for-
mal subdivision," "and "binding site plan" unless one is
specified.
(a) Short subdivision: a subdivision of nine (9) or
fewer lots. Land within a short subdivision may not be
further divided in any manner within a period of five (5)
years without filing of a final plat, except the original
owner may file an alteration within five (5) years to cre-
ate up to a total of nine (9) lots within the original plat
boundaries.
(b) Formal subdivision: a subdivision of ten (10)
or more lots.
(c) Binding site plan: a land division for commer-
cial and/or industrial developments. (Ord. 4980 §1
(part), 2006)
20.12.090 REVIEW PROCEDURES AND
APPROVALS.
Each subdivision type is processed as a different
action "type" as described in Chapter 20.02 BMC, Table
040, Project Permit Processing Procedures, and summa-
rized as follows:
(a) Subdivision. Approval of all subdivisions
requires a four (4) step process: approval of a prelimi-
nary subdivision, installation or bonding of required
improvements, approval of the final subdivision, and
recording of the subdivision with the Kitsap County
Auditor.
(1) Short Subdivision.
(i) A preliminary short subdivision:
Type II Director decision.
(ii) A final short subdivision: Type I
Director decision.
a. The final short subdivision shall
be submitted to the Director within five (5) years of the
date that the preliminary approval became final or the
short subdivision shall become null and void.
(2) Formal Subdivision.
(i) A preliminary formal subdivision:
Type III Hearing Examiner decision.
(ii) A final formal subdivision: Type IV
City Council decision.
a. The final formal subdivision
shall be submitted to the Director within five (5) years
of the date that the preliminary approval became final or
as approved through phasing and/or timeline extensions
per BMC 20.12.060, General Provisions. Should the
project fail to comply with these timelines, the formal
subdivision shall become null and void.
b. The following signatures on the
final plat Mylar are required before the Director can
submit the final plat to the City Council:
i. Director. Whose signature
approves compliance with all terms of the preliminary
plat approval of the proposed plat subdivision or dedica-
tion.
ii. City Engineer. Whose signature
approves the layout of streets, alleys and other rights-of-
way, design of bridges, sewage and water systems and
other structures. Additionally, the City Engineer’s sig-
nature approves the adequacy of the proposed means of
sewage disposal and water supply if City services are
provided.
20.12-4a (Revised 12/14)
Bremerton Municipal Code 20.12.100
iii. Kitsap County Health District.
Whose signature approves the adequacy of the proposed
means of sewage disposal and water supply if City ser-
vices are not provided.
iv. Kitsap County Treasurer. Whose
signature confirms a statement that all taxes and delin-
quent assessments for which the property may be liable
as of the date of certification have been duly paid, satis-
fied or discharged.
v. Property Owner. Whose signa-
ture confirms a statement that the subdivision has been
made with the free consent and in accordance with the
desires of the owner(s).
(3) Binding Site Plan.
(i) A preliminary binding site plan -
Type II Director decision.
(ii) A final binding site plan - Type I
Director decision.
a. The final binding site plan shall
be submitted to the Director within two (2) years of the
date that the preliminary approval became final or the
binding site plan shall become null and void.
b. The following signatures on the
binding site plan Mylar are required before the Director
can approve the final binding site plan:
i. City Engineer. Whose signature
approves the layout of streets, alleys and other rights-of-
way, design of bridges, sewage and water systems and
other structures. Additionally, the City Engineer’s sig-
nature approves the adequacy of the proposed means of
sewage disposal and water supply if City services are
provided.
ii. Kitsap County Health District.
Whose signature approves the adequacy of the proposed
means of sewage disposal and water supply if City ser-
vices are not provided.
iii. Kitsap County Treasurer. Whose
signature confirms a statement that all taxes and delin-
quent assessments for which the property may be liable
as of the date of certification have been duly paid, satis-
fied or discharged.
iv. Property Owner. Whose signa-
ture confirms a statement that the division of land has
been made with the free consent and in accordance with
the desires of the owner(s). (Ord. 5261 §2 (part), 2014;
Ord. 4980 §1 (part), 2006)
20.12.100 APPROVAL CRITERIA -
PRELIMINARY SUBDIVISION.
The following criteria shall be used to review and
approve preliminary short subdivisions, formal subdivi-
sions, and binding site plans:
(a) The subdivision is in conformance with the
Comprehensive Plan, Shoreline Master Program, and
any other City-adopted plans;
(b) Provisions have been made for water, storm
drainage, erosion control and sanitary sewage disposal
for the subdivision that are consistent with current stan-
dards and plans as adopted in City code or ordinance;
(c) Provisions have been made for roads, utilities,
street lighting, street trees and other improvements that
are consistent with the zoning code and Engineering
Standards;
20.12-7 (Revised 12/14)
Bremerton Municipal Code 20.12.150
(13) Said statements shall be signed and
acknowledged before a notary public by all parties hav-
ing any interest in the lands subdivided;
(14) Addressing of the individual lots;
(15) Certificate for the approval signatures
detailed in BMC 20.12.090;
(16) Treasurer’s certificate to ensure payment
of taxes; and
(17) Other information requested during the
preliminary approval.
(c) Lot Numbering. Lots shall be consecutively
numbered; tracts shall be lettered alphabetically and in
consecutive order.
(d) Plat Certificates. Three (3) plat certificates for
the real property shall accompany the final plat.
(e) Lot Closures. Perimeter lot closures for all lots,
tracts, and the exterior boundary of the subdivision shall
accompany the final plat.
(f) Addressing. Addresses of the individual lots
shall be obtained from the Public Works Department.
(g) Dedications. Dedications of right-of-way are
pursuant to Chapter 11.12 BMC, Transportation Devel-
opment Code. (Ord. 4980 §1 (part), 2006)
20.12.140 MODIFICATIONS TO
PRELIMINARY SUBDIVISION
APPROVAL.
(a) Minor Amendments. At any time after prelim-
inary subdivision approval, and before final subdivision
approval, the applicant may submit an application that
proposes minor amendments to the approved prelimi-
nary subdivision. Minor amendments are allowed for
short and formal subdivisions and are processed admin-
istratively by the Department. To obtain approval the
Director must make a written determination finding that
all of the following criteria have been met:
(1) The revision(s) do not substantially
change any conditions of approval established in the
preliminary subdivision approval; and
(2) The revision(s) will not cause the subdivi-
sion to violate any applicable City policy or regulation
nor will they be inconsistent with the findings and con-
clusions of the preliminary subdivision decision; and
(3) The revision(s) do not decrease the total
number of lots within the subdivision by more than five
(5) lots, nor does the reduction violate any density
requirements. In no case shall an increase of units be
permitted through the amendment process; and
(4) The revision(s) do not alter the external
boundaries of the project, such that the location and
external perimeter of the subdivision remains
unchanged; and
(5) The revision(s) do not represent a change
of more than ten (10) percent to any individual feature
such as but not limited to: the location or amount of
open space, design or location of stormwater systems, or
roadways; and
(6) The revision(s) do not result in the reloca-
tion of any roadway access point to an exterior street
from the subdivision; and
(7) The revision(s) do not propose phasing of
subdivision development not previously approved; and
(8) The revision(s) do not increase any
adverse impacts or undesirable effects of the subdivi-
sion on the community or surrounding area.
(b) Minor Amendment Application Process. An
application for a minor subdivision amendment may be
made at any time until the preliminary subdivision
approval has expired pursuant to BMC 20.12.060.
Amendment applications shall comply with the follow-
ing:
(1) An amended subdivision proposal shall be
submitted on the appropriate application required by the
Department and shall include all applicable information
as identified for a preliminary subdivision as outlined in
BMC 20.12.110.
(2) The Director shall have the discretion to
determine if a new SEPA checklist application, storm-
water, transportation, geotechnical, or other studies
need to be revised or updated.
(3) An approval for a subdivision amendment
shall expire at the same time as the original preliminary
subdivision approval unless the expiration date is
extended pursuant to BMC 20.12.060(k).
(c) Major Amendments. Revisions that do not
conform to all the criteria of a minor amendment (out-
lined above in subsection (a) of this section) constitute a
major amendment and shall not be permitted through the
minor amendment process set forth in subsection (b) of
this section. Major amendments shall be processed as a
new preliminary subdivision application and shall vest
to the codes in effect at the time the new application is
deemed complete. All application materials required for
a preliminary subdivision outlined in BMC 20.12.110
shall be required and the Director shall have the discre-
tion to determine if application materials, technical
reports, and studies from the previous application may
be used, or if new or updated reports will be required.
(Ord. 5261 §2 (part), 2014: Ord. 4980 §1 (part), 2006)
20.12.150 RECORDING FINAL
SUBDIVISIONS.
All final subdivisions shall be filed for record with
the office of the Kitsap County Auditor. The applicant
shall furnish one (1) copy of the recorded document to
the Department and one (1) copy shall be filed with the
office of the Kitsap County Assessor. (Ord. 4980 §1
(part), 2006)
(Revised 12/14)20.12-8
20.12.160
20.12.160 EXPIRATION OF FINAL
SUBDIVISION APPROVALS.
Approvals of final subdivisions shall automatically
expire if the plans are not recorded within one (1) year
of the written approval date. (Ord. 4980 §1 (part), 2006)
20.12.170 SUBDIVISION VESTING.
Subdivisions shall be governed by the statutes,
ordinances, and regulations in effect at the time of com-
plete application for preliminary subdivision and will
continue to be vested for a period of five (5) years after
the final subdivision approval. (Ord. 4980 §1 (part),
2006)
20.12.180 VIOLATION - PENALTY.
(a) Any violation of any provision of this chapter
constitutes a civil violation under Chapter 1.04 BMC for
which a monetary penalty may be assessed and abate-
ment may be required as provided therein.
(b) In addition to, or as an alternative to, any other
penalty provided in this chapter or by law, any person
who violates any provision of this chapter shall be guilty
of a misdemeanor pursuant to BMC 1.12.020(2).
(c) This chapter shall not be construed to relieve
from or lessen the responsibility of any person owning
any land or building, constructing or modifying any sub-
divisions in the City for damages to anyone injured or
damaged either in person or property by any defect
therein; nor shall the City or any agent thereof be held as
assuming such liability by reason of any preliminary or
final approval or by issuance of any permits or certifi-
cates authorized herein. (Ord. 4980 §1 (part), 2006)
20.52-1 (Revised 12/14)
Bremerton Municipal Code 20.52.040
Chapter 20.52
SIGN STANDARDS
Sections:
20.52.010 INTENT.
20.52.020 APPLICABILITY.
20.52.030 SIGN PERMIT.
20.52.040 EXEMPT SIGNS.
20.52.050 PROHIBITED SIGNS.
20.52.060 SIGN MEASUREMENTS.
20.52.070 SIGN PLACEMENT
REQUIREMENTS.
20.52.080 TEMPORARY SIGNS.
20.52.085 POLITICAL SIGNS.
20.52.090 GENERAL SIGN
REGULATIONS.
20.52.100 COMMERCIAL DISTRICTS
SIGN REGULATIONS.
20.52.110 AUTO DEALERSHIP SIGN
REGULATIONS.
20.52.120 RESIDENTIAL DISTRICT SIGN
REGULATIONS.
20.52.130 SPECIAL PURPOSE SIGN
REGULATIONS.
20.52.140 DOWNTOWN AND CENTERS
SIGN REGULATIONS.
20.52.150 VARIATIONS TO SIGN
REGULATIONS.
20.52.160 PORTABLE SIGNS.
20.52.180 NONCONFORMING SIGNS.
20.52.190 GOVERNMENT ACQUISITION
OF PROPERTY FOR RIGHT-
OF-WAY.
20.52.200 REMOVAL OF SIGNS.
20.52.010 INTENT.
The intent of the sign requirements chapter is to rec-
ognize the importance of signs in the community and
establish regulations to protect the public from damage
or injury attributable to distractions and obstructions
caused by poorly designed or improperly located signs.
These regulations are also intended, in part, to stabilize
or enhance the overall appearance of the community,
and to protect property values. This chapter is intended
to regulate the number, size, placement and physical
characteristics of signs and sign structures. These regu-
lations are not intended to and do not restrict, limit or
control the content of any sign message. (Ord. 4950 §8
(Exh. A) (part), 2005)
20.52.020 APPLICABILITY.
These regulations shall apply in all zoning districts
and may be subject to additional requirements of certain
districts, or to state regulations. In cases of conflict, the
most stringent requirement shall prevail. (Ord. 4950 §8
(Exh. A) (part), 2005)
20.52.030 SIGN PERMIT.
(a) Permit Required. No sign shall be placed,
erected, or displayed without first obtaining a sign per-
mit unless exempt under BMC 20.52.040.
(b) Removal of Nonconforming Signs. A property
containing a nonconforming sign shall not be allowed a
new or additional sign on the property until the noncon-
forming sign is removed or brought into conformance
with the requirements of this chapter and the underlying
zone.
(c) Permit Application. An application for a sign
permit shall include the following:
(1) Signature of the property owner or their
designated agent;
(2) Site plan drawn to scale showing existing
buildings, streets, freestanding and building signs, util-
ity poles, and other structures within fifty (50) feet of the
proposed sign;
(3) Elevation drawings of the structural
details of the proposed sign including dimensions,
height, illumination methods and structure supports; and
(4) Landscaping plan showing planting mate-
rials and patterns. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.52.040 EXEMPT SIGNS.
The following signs are exempt from the provisions
of this chapter, but may be subject to other provisions of
the zoning code or building code:
(a) Traffic signs, signals, wayfinding signs, and
other traffic control devices erected by the City or other
public authority.
(b) Public notices pertaining to public health or
safety issues, or for notification of legal or legislative
action erected by the City or other public authority, of a
temporary nature.
(c) Permanent plaques, cornerstones, nameplates,
and other building identification markings attached to or
carved into the building materials and which are integral
parts of the structure.
(d) Signs within buildings, provided they do not
include moving, flashing or animated signs that are vis-
ible from any private or public roadway, or from adja-
cent properties.
(e) Legal nonconforming signs.
(f) Incidental signs intended for public informa-
tion or convenience and which consist of no more than
ten (10) square feet for a combination of such signs.
These may include restroom signs, hours of operation
signs, address numbers, help wanted, credit card signs,
and similar.
(Revised 12/14)20.52-2
20.52.050
(g) The American flag, State of Washington flag,
and other political or special purpose flags that are not
intended to contribute to a commercial advertising dis-
play.
(h) Wall graphics of an artistic nature and that do
not conform to the definition of "sign."
(i) Public information/identification approved
through a conditional use permit process pursuant to
BMC 20.58.020.
(j) Real estate signs for sale of single-family
dwelling units.
(k) Temporary construction and on-site real estate
development marketing signs, provided they are
removed prior to occupancy approval of the building.
(l) Political signs meeting the provisions in BMC
20.52.090. (Ord. 5263 §3 (part), 2014: Ord. 4950 §8
(Exh. A) (part), 2005)
20.52.050 PROHIBITED SIGNS.
The following signs are prohibited within the City
limits of Bremerton and shall be subject to removal
through amortization or other means:
(a) Strobe lights or any other flashing, moving or
animated features that are visible beyond any property
line. Readerboard or message center signs that change
copy no more frequently than at two (2) second inter-
vals, and time/temperature signs are exempt from this
provision.
(b) Pole signs in all zones except the freeway cor-
ridor (FC) zone and the industrial (I) zone.
(c) Private signs placed within a public right-of-
way, except a projecting sign may be permitted over a
sidewalk if a clearance of at least eight (8) feet is main-
tained between the sidewalk and the bottom of the sign.
(d) Any sign that is determined by the City Engi-
neer to be a hazard to public safety due to its design,
materials, physical condition, or placement.
(e) Signs painted, attached to, or otherwise sup-
ported by rock formations, utility poles, trees or other
plant materials.
(f) Bench signs, when installed within the public
right-of-way. When on private property, the size of a
bench sign will be counted toward the total allowable
sign area.
(g) Portable signs within the public right-of-way
except portable signs per BMC 20.52.160.
(h) Off-premises signs including billboards, but
not including co-op signs or portable signs where per-
mitted.
(i) Product signs, other than those at a franchise
business identifying the franchise product. (Ord. 5263
§3 (part), 2014: Ord. 5249 §6, 2014: Ord. 4950 §8 (Exh.
A) (part), 2005)
20.52.060 SIGN MEASUREMENTS.
(a) The area of sign faces shall be measured as the
area bounded by any six (6) straight lines intersecting at
right angles, and shall include any surrounding frames
or cabinet edges.
(b) Sign area does not include supports, founda-
tions or structures that are not part of the sign.
(c) Only one (1) side of a double-faced sign is
counted in the sign’s total area.
(d) Multiple copy signs or shopping center signs
consisting of several individual signs on the same sup-
port structures are calculated as the total of all individual
sign components.
(e) A round or cylindrical sign is calculated as the
maximum area that can be seen at one (1) time from one
(1) position, or fifty (50) percent of the total area, which-
ever is greater.
(f) The height of a sign is measured from grade, as
defined, to the highest point of the sign.
(g) Sign clearances are measured from grade
directly below the sign to the bottom of the sign or sign
frame.
(h) Street corner signs (at an intersection) shall be
assigned to one (1) of the frontages by the applicant and
shall conform to the requirements of that frontage only.
(i) Portable signs shall be calculated as part of the
total freestanding sign area available to the site. (Ord.
5263 §3 (part), 2014: Ord. 4950 §8 (Exh. A) (part),
2005)
20.52.070 SIGN PLACEMENT
REQUIREMENTS.
(a) All signs, including supporting structures, shall
be erected or placed totally within the boundaries of the
site and not within any public right-of-way, except for
the following:
(1) Public authority and other traffic-related
signs;
(2) Temporary banner signs advertising a
public event, which meet City approval;
(3) Approved signs overhanging public walk-
ways; and
(4) Approved portable signs per BMC
20.52.160.
(b) A vision clearance setback shall be maintained
of at least fifteen (15) feet from the edge of all private
and public roadways, alleys and driveway intersections.
(c) A vision clearance setback shall be maintained
of at least ten (10) feet from the edge of existing or
planned roadways. Signs may be allowed within the
clear-vision setback if:
(1) A pole sign is allowed by the zone;
(2) The top of the sign is three (3) feet or less
above the grade;
20.52-3 (Revised 12/14)
Bremerton Municipal Code 20.52.100
(3) The bottom of the sign is eight (8) feet or
greater above the grade; or
(4) The posts and support structure have a
diameter no greater than twelve (12) inches within this
area.
(d) A pedestrian clearance is required for any pro-
jecting sign (8) feet above grade or sidewalk as mea-
sured to the bottom of the sign.
(e) A projecting sign may extend over a public
right-of-way or public pedestrian walkway up to six (6)
feet past the property line, but in no case shall the sign
extend over a street or other area used by motor vehicles.
(f) The setbacks for freestanding signs may be
reduced to zero (0), provided the sign complies with the
vision clearance requirements.
(g) Freestanding signs shall not extend beyond
property lines. (Ord. 5249 §7, 2014: Ord. 5046 §5, 2008;
Ord. 4950 §8 (Exh. A) (part), 2005)
20.52.080 TEMPORARY SIGNS.
All temporary signs are subject to the placement,
size, and height requirements of this chapter, and the
requirements set forth in the underlying zone. Addition-
ally, the following requirements shall apply:
(a) The sign area of individual temporary signs
shall not exceed thirty-two (32) square feet; except a
banner may be permitted with a sign area of up to one
hundred (100) square feet.
(b) The maximum height of a temporary sign is six
(6) feet, except a banner may be allowed a maximum
height of twenty (20) feet.
(c) Signs may be displayed for a period not to
exceed sixty (60) days. Any time a temporary sign is
removed by a business, it shall not be replaced by the
same or other temporary sign for a period of not less
than ninety (90) consecutive days.
(d) Temporary signs meeting the following stan-
dards are exempt from the requirements of BMC
20.52.030 and BMC 20.52.090 through 20.52.140:
(1) The sign is displayed for a period of seven
(7) days or less;
(2) The area of the sign is twenty-four (24)
square feet or less; and
(3) The height of the sign is six (6) feet or less.
(e) Temporary signs shall not be permanently
attached to the ground, a building, or to any other struc-
ture, other than what is necessary to secure it to prevent
theft, wind damage or safety problems.
(f) Advertising wind signs or devices that flutter,
wave, sparkle, or otherwise move from the pressure of
the wind are permitted for specific promotions or events
but shall not be permanently displayed. (Ord. 4950 §8
(Exh. A) (part), 2005)
20.52.085 POLITICAL SIGNS.
Political signs identify candidates or issues in
upcoming elections and/or they may express noncom-
mercial speech such as religious, political, social, or
other philosophical messages. The content of such signs
are not regulated, but are subject to the following
requirements:
(a) The sign area of political signs shall not exceed
thirty-two (32) square feet.
(b) The maximum height of a political sign shall
be six (6) feet.
(c) Political signs advertising a candidate or issue
in an upcoming election shall be removed within four-
teen (14) days after the general election.
(d) Political signs that do not comply with the
requirements of this section shall be subject to the per-
mit requirements, sign area, setback and other provi-
sions of this chapter. (Ord. 4950 §8 (Exh. A) (part),
2005)
20.52.090 GENERAL SIGN REGULATIONS.
The following regulations apply to signs in all zone
districts:
(a) Vision Clearance. Signs shall conform to the
clearance requirements of BMC 20.52.060.
(b) Extension Above Rooftop. No sign that is
attached to a building shall extend above the highest
point of the roof, except that in the DC, DW, and BC
zones, up to fifty (50) percent of the area of a wall sign
that is integrated into an architectural facade design ele-
ment to define the primary entry to the premises may
project above the parapet of a flat roof; provided, that all
components of the sign are only visible to public view
on the primary entry side of the building.
(c) Window Signs. Signs placed on the inside of
windows and directed toward the outside of a building
shall be included in the total sign area calculations.
(d) Canopies and Awnings. Signs placed on pro-
jecting canopies and awnings, whether lighted or not,
shall be calculated only for the area of the canopy or
awning taken up by the sign itself.
(e) Landscaping. All freestanding signs shall have
a landscaped island at the base of the sign equal to, or
greater than, the sign area. (Ord. 4971 §12, 2006; Ord.
4950 §8 (Exh. A) (part), 2005)
20.52.100 COMMERCIAL DISTRICTS SIGN
REGULATIONS.
The following standards shall apply to signs placed
on property zoned commercial:
(a) Freestanding Signs.
(1) No use or combination of uses on a single
lot or building shall have more than one (1) freestanding
sign per street frontage, with the following exceptions:
(i) Parcels with five hundred (500) feet
of continuous frontage may have one (1) additional sign.
(Revised 12/14)20.52-4
20.52.110
(ii) Co-Op Signs. See subsection (d) of
this section.
(2) Maximum Height and Design. Freestand-
ing signs shall comply with the height and design
requirements set forth in Figure 20.52(a).
(b) Building Signs.
(1) Commercial Uses. The building sign stan-
dards shall be in accordance with the following:
(i) Sign Area. Signs attached to a build-
ing may have an aggregated area that shall not exceed
two (2) square feet for each one (1) lineal foot of build-
ing facade width.
(ii) Maximum Sign Size. A building sign
attached individually shall not exceed one hundred
(100) square feet in area, except it may exceed the max-
imum if the total sign area is less than ten (10) percent
of the total building facade area.
(2) Industrial Uses. The building sign stan-
dards for industrial uses and other uses not engaged in
the sale of goods or services to the public shall be in
accordance with the following:
(i) Sign Area. The maximum aggregated
area for all building signs attached to a single building
shall be one hundred (100) square feet.
(3) Number of Signs. There is no limit to the
number of individual building signs, provided the max-
imum aggregated sign area is not exceeded.
(4) Illumination. Signs may be illuminated
directly, indirectly, or internally, provided the lighting is
directed away from other land uses, and away from
oncoming traffic.
(c) Shopping Center or Professional Complex. A
shopping center, professional office complex, or similar
large multiple-occupancy development may have an
identification sign to a maximum size of three hundred
(300) square feet placed along one (1) street frontage,
provided the parcel has an area of at least eight (8) acres,
and the sign is no closer than one hundred (100) feet
from an adjacent property on the same side of the street.
(d) Co-Op Signs. A co-op sign is intended to per-
mit businesses that do not have street frontages on Kit-
sap Way or Wheaton Way a reasonable opportunity to
advertise. A co-op sign transfers the right to place a free-
standing sign from the nonfronting parcel to the parcel
with street frontage on Kitsap Way or Wheaton Way.
Co-op signs may be permitted in the following circum-
stances:
(1) The parcel fronting Wheaton Way or Kit-
sap Way shall have at least one hundred (100) feet of
continuous street frontage on Wheaton Way or Kitsap
Way; and
(2) The parcels (fronting and nonfronting)
must share a property line; and
(3) The nonfronting business shall not have a
property line fronting Wheaton Way or Kitsap Way; and
(4) A parcel fronting Kitsap Way or Wheaton
Way shall be permitted one co-op sign, not to exceed
one hundred (100) square feet; however, the co-op sign
may contain signage for more than one (1) nonfronting
business; and
(5) In the event that the fronting and nonfront-
ing parcel(s) elect to share a single freestanding sign, a
twenty-five (25) percent bonus in square footage is per-
mitted, provided:
(i) The shared sign is the only permitted
freestanding sign on the fronting and nonfronting par-
cels, except as provided in subsection (d)(7)(i) of this
section.
(ii) The sign does not exceed the fifteen
(15) foot maximum height.
(6) The nonfronting parcel is limited to one
(1) co-op sign on Kitsap Way or Wheaton Way; and
(7) The nonfronting parcel will transfer the
right to develop a freestanding sign on the nonfronting
parcel to the parcel fronting Kitsap Way or Wheaton
Way;
(i) The nonfronting parcel may place a
directional sign at each entrance, not to exceed ten (10)
square feet in size.
(8) The owners of both the fronting parcel and
the nonfronting parcel shall record a "Notice to Title"
prepared by the Department recognizing the presence of
a co-op sign with the Kitsap County Auditor when
required by the Department. The notice shall be nota-
rized and the applicant must submit proof that the notice
has been legally recorded before the sign permit is
issued. (Ord. 5263 §3 (part), 2014: Ord. 4950 §8 (Exh.
A) (part), 2005)
20.52.110 AUTO DEALERSHIP SIGN
REGULATIONS.
This section applies within the freeway commercial
zone designation.
(a) No provisions under this section shall be inter-
preted to preclude other provisions of this chapter that
are applicable to a given property or proposal.
(b) In addition to the other standards prescribed in
this chapter, a dealership group may erect one (1) auto-
mobile dealership district sign subject to the following
requirements:
(1) A dealership group is two (2) or more
franchises under common ownership;
(2) The automobile dealership district sign
shall be limited to identifying the dealership group and
the brands of vehicles sold in the group;
(3) The total area of the sign shall not exceed
fifty (50) square feet for each dealer franchise in the
20.52-5 (Revised 12/14)
Bremerton Municipal Code 20.52.140
group (example: a dealership group with two (2) dealer
franchises would be allowed an automobile dealership
district sign of up to one hundred (100) square feet);
(4) The maximum total sign area in no case
shall exceed one hundred fifty (150) square feet if the
sign is a pole sign, or two hundred (200) square feet if it
is a monument sign;
(5) The square footage of the sign shall be
deducted from the total aggregated signage allotted to
the parcel on which the sign is placed;
(6) The sign can only front on a City arterial
street;
(7) A master signage plan is required to be
submitted prior to issuance of the sign permit showing
the location and area of all signage of all the dealerships
within the dealership group. (Ord. 4950 §8 (Exh. A)
(part), 2005)
20.52.120 RESIDENTIAL DISTRICT SIGN
REGULATIONS.
The following regulations apply to properties in
residential zones:
(a) Freestanding Signs.
(1) Entrance Signs. One (1) freestanding sign
may be permitted at each street entrance to a neighbor-
hood, subdivision, manufactured park, apartment/con-
dominium complex, or other homogeneous residential
area, provided:
(i) The sign specifically identifies the
development only;
(ii) The sign area is fifty (50) square feet
or less.
(2) Multiple-Family Developments. A resi-
dential development having four (4) or more dwelling
units may have one (1) permanent freestanding sign per
street frontage, provided the total sign area does not
exceed four (4) square feet.
(3) Individual Properties. Each residential
property may have one (1) freestanding permanent sign
that shall not exceed two (2) square feet in sign area.
(4) Height. Freestanding signs shall have a
maximum height of six (6) feet as measured from grade
directly below the sign to the highest point on the sign
or its support structure.
(b) Building Signs.
(1) The freestanding sign limitations pre-
scribed in subsections (a)(1) through (3) of this section
may be applied to building signs in lieu of freestanding
signs.
(c) Resident name plaques and address numbers
shall not be included in total sign area calculations, but
shall be limited to a size and character of other such
signs in the immediate neighborhood.
(d) Advertising wind signs or devices that flutter,
wave, revolve, or sparkle, or are otherwise moved by the
wind are prohibited. (Ord. 4950 §8 (Exh. A) (part),
2005)
20.52.130 SPECIAL PURPOSE SIGN
REGULATIONS.
Special purpose signs, for uses such as churches,
schools, and parks, shall comply with the requirements
for the commercial zone as prescribed in BMC
20.52.100. When a sign that is not otherwise regulated
by this title is located in the low density residential zone,
the special purpose sign regulations shall apply. In addi-
tion, the following shall apply:
(a) Freestanding Signs.
(1) Sign Area. The maximum area of a free-
standing sign shall be limited to fifty (50) square feet.
(2) Number of Signs. Only one (1) freestand-
ing sign is allowed per each street frontage.
(3) Height. The height of a freestanding sign
shall not exceed six (6) feet.
(b) Building Signs.
(1) Sign Area. The aggregate area of all build-
ing signs, projecting signs, and other signs attached to
buildings shall not exceed one hundred (100) square
feet.
(2) Number of Signs. There is no limit to the
number of individual building signs, provided the max-
imum aggregated sign area is maintained.
(c) Illumination. When located within the low
density residential zone, the sign shall not be illumi-
nated between the hours of 10:00 p.m. and 7:00 a.m.
(Ord. 5249 §8, 2014: Ord. 4971 §13, 2006: Ord. 4950 §8
(Exh. A) (part), 2005)
20.52.140 DOWNTOWN AND CENTERS
SIGN REGULATIONS.
The following standards shall apply to signs in the
downtown core (DC), downtown waterfront (DW),
business core (BC), and in the center zones: neighbor-
hood center core (NCC), district center core (DCC), and
employment center (EC):
(a) Freestanding Signs.
(1) Sign Area. The requirements prescribed in
BMC 20.52.100(a)(1) shall apply, except wide parcels
shall be limited to only one (1) freestanding sign not to
exceed one hundred (100) square feet.
(2) Spacing. Freestanding signs shall be no
closer than twenty-five (25) feet from adjacent proper-
ties, except this may be modified by the Director where
such factors as the width of the lot or the driveway
access makes compliance impossible.
(3) Maximum Height and Design. Freestand-
ing signs shall comply with the height and design
requirements set forth in Figure 20.52(a).
(Revised 12/14)20.52-6
20.52.150
(b) Building Signs. The requirements prescribed
in BMC 20.52.100(b) shall apply.
(c) Moving, flashing, or animated signs are pro-
hibited in downtown and centers zones. (Ord. 4950 §8
(Exh. A) (part), 2005)
20.52.150 VARIATIONS TO SIGN
REGULATIONS.
(a) The Director shall have the authority to grant
administrative approval for minor adjustments to sign
heights, numbers of signs, sign placement, and sign size,
provided:
(1) The adjustments do not exceed ten (10)
percent of the basic requirement; and
(2) The adjustment is based on a hardship or
problem with the site, existing building placements, or
poor site visibility, and not based on economic factors or
personal design preference.
(b) A request for adjustments beyond ten (10) per-
cent shall be processed as a variance pursuant to BMC
20.58.030. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.52.160 PORTABLE SIGNS.
Portable signs may be placed on sidewalks or por-
tions of the pedestrian public right-of-way subject to the
following conditions:
(a) A minimum four (4) feet of unobstructed side-
walk or pedestrian path must be maintained. A portable
sign shall not be allowed on sidewalks with less than
four (4) feet in width.
(b) Portable signs may not be placed in the driving
lanes of a public street or in parking stalls on the public
right-of-way.
(c) One (1) portable sign is allowed for any
licensed business. The sign must be displayed immedi-
ately adjacent to the main entrance of the business
employing the sign.
(d) Portable signs shall not exceed thirty-two (32)
inches in width or thirty-six (36) inches in height as dis-
played.
(e) Portable signs shall be professionally lettered,
neatly painted or assembled, and remain in good repair.
(f) Portable signs shall be constructed to avoid
being blown from their intended location and to avoid
tipping or falling.
(g) Portable signs shall not be internally lit, not
have moving parts, nor shall any attachment or portion
of the sign extend beyond the thirty-two (32) by thirty-
six (36) inch maximum dimensions established in sub-
section (d) of this section.
(h) Portable signs shall be displayed during day-
light hours only and shall be removed by the business
owner immediately after dusk each day.
(i) Any site landscaping required by the City shall
not be altered to accommodate a portable sign.
(j) Portable signs shall not block intersections or
otherwise constitute a public safety hazard.
(k) Pursuant to Chapter 47.42 RCW and Chapter
468-66 WAC, placement of portable signs on the public
right-of-way of SR 3, SR 303, SR 304, and SR 310 is
prohibited.
(l) Placement of portable signs on the public right-
of-way in violation of this section will result in immedi-
ate removal of the sign from the public right-of-way by
City personnel. (Ord. 5249 §9, 2014: Ord. 4950 §8 (Exh.
A) (part), 2005)
20.52.180 NONCONFORMING SIGNS.
(a) Applicability. This section applies to the main-
tenance, repair, as appropriate, and removal of noncon-
forming signs. "Nonconforming sign" means a sign that
was legally established, but no longer conforms to the
current sign standards of this title.
(b) Maintenance and Repair of Off-Premises
Signs. Any nonconforming off-premises sign shall
immediately lose its legal nonconforming designation,
and be removed or brought into conformity with the pro-
visions of this chapter, when one (1) or more of the fol-
lowing events occur:
(1) Alterations to Sign.
(i) Any structural alteration to an off-
premises sign shall result in the loss of its nonconform-
ing status. This does not include replacing the sign’s
message or painting.
(ii) In no case shall an off-premises sign
be permitted to be expanded or enlarged. Adding elec-
tronic components that move, flash, or change copy is
not permitted.
(c) Maintenance and Repair of On-Premises
Signs. Any nonconforming on-premises sign shall
immediately lose its legal nonconforming designation,
and be removed or brought into conformity with the pro-
visions of this chapter, when one (1) or more of the fol-
lowing events occur:
(1) Alterations to Sign.
(i) If alterations are made to the sign that
exceed twenty-five (25) percent of the replacement cost
of the sign, it shall lose its nonconforming status; or
(ii) For freestanding signs, refacing the
sign with a new message is permitted; however, if the
cabinetry housing the sign is removed, or is intended to
be replaced, the sign shall lose its nonconforming status;
or
(iii) In no case shall an on-premises sign
be permitted to be expanded or enlarged.
(2) Alteration to Associated Business or Site.
Should a business with a nonconforming sign undergo
remodel or site improvements, the sign shall lose its
nonconforming status under any of the following cir-
cumstances:
20.52-7 (Revised 12/14)
Bremerton Municipal Code 20.52.200
(i) The on-site renovation, construction,
or other site improvements exceed seventy-five (75)
percent of the assessed improvement value of the site; or
(ii) On-site construction/improvements
costs exceed fifty thousand dollars ($50,000). (Ord.
5263 §3 (part), 2014: Ord. 5249 §11, 2014: Ord. 4950
§8 (Exh. A) (part), 2005)
20.52.190 GOVERNMENT ACQUISITION OF
PROPERTY FOR RIGHT-OF-WAY.
(a) A sign that becomes n nconforming with
respect to its setback from the edge of a public right-of-
way as a result of a local, state, or federal government
acquisition of property for right-of-way expansion shall
be characterized as a legal nonconforming sign and shall
be allowed subject to the requirements of this section.
(b) The City may allow, by a Type II permit as pre-
scribed in Chapter 20.02 BMC, the placement of a new
sign or relocation of an existing sign within a required
setback if it meets all of the following criteria:
(1) The enforcement of this code would result
in substantial hardship to the applicant because no feasi-
ble location exists to place a sign on the subject property
other than in a required setback, and such hardship was
created solely by local, state, or federal government
acquisition of property for right-of-way expansion and
not by any action of the applicant.
(2) The sign is not prohibited by BMC
20.52.050 and, except for location within a required set-
back, complies with all other requirements of this chap-
ter.
(3) The sign complies with the City’s mini-
mum sight distance at intersection requirements pursu-
ant to BMC 20.52.070.
(4) Location of the sign within a required set-
back is otherwise consistent with the public health,
safety, and welfare. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.52.200 REMOVAL OF SIGNS.
The sign user, owner and/or owner of the property
on which an abandoned, dangerous, defective, illegal, or
prohibited sign is located shall remove or cause to be
removed any such sign as required in this chapter. Fail-
ure to comply shall subject the sign user, owner and/or
owner of the property on which the sign located to the
remedies and penalties of BMC 20.40.200. (Ord. 4950
§8 (Exh. A) (part), 2005)
1. Larger signs for shopping centers or professional office complexes are allowable per BMC 20.52.100(c).
2. Larger signs for auto dealership groups are allowable per BMC 20.52.110.
3. Freestanding sign size for special purpose zones not listed in this table is subject to the requirements of BMC 20.52.130.
Figure 20.52(a)
Freestanding Signs: Zone-Specific Size and Design Requirements4
Commercial Zones Freestanding Sign Type Max. Height
4, 5 Max. Size1, 2, 4
Commercial Corridor (CC) Monument only 8' 60 sq. ft.
Wheaton Way Redev. Corr. (WWRC) Monument only 8' 60 sq. ft.
Neighborhood Business (NB) Monument only 6' 60 sq. ft.
Limited Commercial (LC) Monument only 8' 60 sq. ft.
Freeway Corridor (FC) Any 35' 100 sq. ft.
3
Marine Industrial (MI) Monument only 8' 100 sq. ft.
Industrial Park (IP) Monument only 8' 100 sq. ft.
Industrial (I) Any 25' -
Institutional (INST) Monument only 8' 60 sq. ft.
Downtown and Centers Zones Freestanding Sign Type Max. Height Max. Size
Neighborhood Center Core (NCC) Monument only 8' 60 sq. ft.
District Center Core (DCC) Monument only 8' 60 sq. ft.
Downtown Core (DC) Monument only 8' 60 sq. ft.
Downtown Waterfront (DW) Monument only 8' 60 sq. ft.
Business Core (BC) Monument only 8' 60 sq. ft.
Employment Center (EC) Monument only 8' 60 sq. ft.
(Revised 12/14)20.52-8
20.52.200
4. Freestanding signs fronting Wheaton Way and Kitsap Way may increase the maximum height to fifteen (15) feet, and maximum area to one hun-
dred (100) square feet, which is a permissible departure from the requirements listed in Figure 20.52(a).
5. The structure that the freestanding sign is attached to shall not be more than twenty-five (25) percent taller than the height of the sign as defined in
BMC 20.52.060(f).
(Ord. 5263 §3 (part), 2014: Ord. 5249 §12, 2014; Ord. 5046 §6, 2008; Ord. 4977 §7, 2006; Ord. 4950 §8 (Exh. A) (part),
2005)
20.70-1 (Revised 12/14)
Bremerton Municipal Code 20.70.060
Chapter 20.70
DISTRICT CENTER CORE (DCC)
Sections:
20.70.010 INTENT.
20.70.020 OUTRIGHT PERMITTED USES.
20.70.050 PROHIBITED USES.
20.70.060 DEVELOPMENT STANDARDS.
20.70.070 DESIGN STANDARDS.
20.70.080 PARKING REQUIREMENTS.
20.70.090 LANDSCAPING
REQUIREMENTS.
20.70.100 SIGN STANDARDS.
20.70.010 INTENT.
The intent of the district center core (DCC) zone is
to establish base threshold standards for district centers
that preserve future opportunity for full realization of
the centers concept. The DCC designation assumes that
future amendments to the zoning code will more fully
implement the centers intent. (Ord. 4950 §8 (Exh. A)
(part), 2005)
20.70.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a) Bed and breakfast;
(b) Co-location of wireless telecommunications
facility per BMC 20.46.140;
(c) Community facility;
(d) Day care facility;
(e) Drinking place;
(f) Entertainment use;
(g) Finance, insurance and real estate;
(h) General office and business services;
(i) General retail;
(j) Group residential facilities - Class I;
(k) Hotel and lodging place;
(l) Medical office and clinic;
(m) Motion picture theater;
(n) Museum and gallery;
(o) Nursing/convalescent home;
(p) Park, playground and open space;
(q) Personal services business;
(r) Physical fitness and health club;
(s) Public or private park, playground or open
space;
(t) Public administration;
(u) Residential of all types except Group Residen-
tial Type II;
(v) Restaurant;
(w) School and education;
(x) Senior housing complex;
(y) Transportation facility;
(z) Veterinary clinic. (Ord. 5251 §5, 2014: Ord.
5008 §15, 2007: Ord. 4950 §8 (Exh. A) (part), 2005)
20.70.050 PROHIBITED USES.
(a) Drive-through lanes except within the Whea-
ton/Riddell District Center when the business has direct
vehicular access from Wheaton Way. (Ord. 5222 §13,
2013: Ord. 4950 §8 (Exh. A) (part), 2005)
20.70.060 DEVELOPMENT STANDARDS.
Lot development shall be in accordance with the
following unless allowed for otherwise by law:
(a) Maximum front yard setback: ten (10) feet. At
least sixty-five (65) percent of a building’s front facade
shall meet the maximum front yard setback. The setback
may be increased if the Director finds that such increase
is the minimum necessary to facilitate a superior site
design. In order to obtain approval for an increased set-
back, the applicant shall submit a written analysis estab-
lishing how the project facilitates superior site design is
the minimum necessary, is consistent with specific
goals and policies within the Comprehensive Plan, and
is compliant with all applicable sections of the BMC.
The following list identifies examples of circumstances
where increased setbacks may be found to be appropri-
ate:
(1) When the site includes more than one (1)
street frontage;
(2) To accommodate existing topography,
utilities, or other physical site constraints that make
compliance with the setback infeasible;
(3) To accommodate phasing of infill devel-
opment;
(4) On sites that are significantly developed
with existing legally established nonconforming uses or
structures whereby strict code compliance will not facil-
itate effective circulation; or
(5) For projects that in the opinion of the
Director provide enhanced public amenities within the
setback area which include, but are not limited to, the
following: public plazas, increased landscaping, archi-
tectural features, improved pedestrian connections.
(b) Side yard setback: zero (0) except when adja-
cent to the low density residential zone (R-10) where a
ten (10) to twenty (20) foot visual screen is required pur-
suant 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
ten (10) to twenty (20) foot visual screen is required pur-
suant to BMC 20.50.050(b).
(d) There is no maximum density for residential
use.
(e) Maximum building coverage: sixty (60) per-
cent base maximum; provided, that through the use of
any combination of the following, building coverage
(Revised 12/14)20.70-2
20.70.070
may be increased up to eighty-five (85) percent maxi-
mum:
(1) Projects containing mixed uses: ten (10)
percent bonus.
(2) Projects with a three (3) or four (4) story
building: ten (10) percent bonus; projects with five (5)
or more story building: fifteen (15) percent bonus.
(3) Projects providing a pedestrian-oriented
plaza or area of at least one hundred fifty (150) square
feet along a pedestrian walkway at an intersection cor-
ner, bus stop or other key pedestrian area approved by
the City. Such areas shall contain seating for at least four
(4) people, a trash receptacle and three (3) or more of the
following: a pedestrian shelter, a drinking fountain, a
bike rack, pedestrian-scale lights, pavers on the walk-
way surfaces, a kiosk, a street vendor station providing
food or beverages, trees, an appropriately sized statue or
sculpture, or a public restroom. Interior courtyards with
these amenities qualify if they would be readily apparent
and accessible to pedestrians on adjoining sidewalks:
twenty (20) percent bonus.
(4) Projects providing a through-block corri-
dor that facilitates pedestrian access in a location
approved by the City: five (5) percent bonus.
(5) Projects providing at least fifty (50) per-
cent of their required parking underground or within the
building: twenty (20) percent bonus.
(f) Maximum development coverage: maximum
development coverage by impervious surfaces, seventy-
five (75) percent; provided, that through the use of any
combination of the mechanisms listed in subsections
(e)(1) through (5) of this section, up to ninety-five (95)
percent maximum development coverage may be
allowed.
(g) Maximum building height: eighty (80) feet
except:
(1) Structures within fifty (50) linear feet of
parcels zoned for low density residential shall not
exceed four (4) stories in height; and
(2) Structures within fifty (50) and one hun-
dred (100) linear feet of parcels zoned for low density
residential shall include architectural features to gradu-
ally transition the building height from four (4) stories to
a maximum height of eighty (80) feet at the one hundred
(100) foot distance from the low density residential
zoned parcel.
(h) Mixed-Use Requirement. All structures that
include residential uses located adjacent to, are oriented
towards, or are viewable from a public right-of-way (not
required on private streets) shall provide retail/commer-
cial uses along a minimum of sixty-five (65) percent of
the ground floor building facade. On corner lots, the
requirement shall be applied to both frontages facing a
public right-of way. (Ord. 5251 §6, 2014: Ord. 5222
§14, 2013; Ord. 5046 §15, 2008; Ord. 5008 §16, 2007:
Ord. 4950 §8 (Exh. A) (part), 2005)
20.70.070 DESIGN STANDARDS.
(a) Building Design.
(1) To enhance the pedestrian environment,
commercial uses shall include large windows along any
facade facing the public sidewalk or sidewalks provid-
ing circulation within a site. Windows shall allow views
into interior building spaces. At least seventy-five (75)
percent of all such facades, measured to ten (10) feet
above the sidewalk or surface grade, shall be comprised
of such windows.
(2) At least one (1) of the following amenities
shall be required along building facades facing the pub-
lic sidewalk: outdoor eating areas, street furniture such
as benches, bike racks and trash receptacles, and plant-
ings in window boxes.
(3) Building entrances shall be easily identifi-
able from the street and sidewalks. This may be accom-
plished by:
(i) Ornamentation and/or architectural
detailing around the door; and
(ii) One (1) or more of the following tech-
niques:
(A) Recessing the entrance area at
least three (3) feet;
(B) An entrance area that protrudes at
least three (3) feet;
(C) A canopy, portico or overhang
extending at least five (5) feet over the sidewalk in the
entrance area.
(4) Bulk. Building modulation shall be used
to reduce the appearance of mass and bulk of the struc-
ture. This can be achieved by utilizing any combination
of at least two (2) of the following:
(i) Setback of upper floors by at least ten
(10) feet. However, such setbacks shall not be applied to
more than fifty (50) percent of a facade facing a major
arterial.
(ii) Recessed or protruding doorways per
subsection (a)(3)(ii) of this section.
(iii) Overhangs, awnings, canopies, or
arcades between eight (8) and twelve (12) feet above the
sidewalk.
(iv) Window fenestration per subsection
(a)(1) of this section.
(5) Blank Facades. Building facades shall not
present a blank facade to view from public rights-of-
way, common parking areas, or residential properties.
Such facades may be broken by windows, trellises, col-
umns, variations in plane, or other devices that add vari-
ation and interest to the facade.
20.70-3 (Revised 12/14)
Bremerton Municipal Code 20.70.090
(6) Structures at the intersection of two (2)
arterial streets shall include a significant architectural
feature at the building corner that provides visual
emphasis at the corner. This may be accomplished in
one (1) or more of the following ways:
(i) The inclusion of a major entryway at
the corner. Such entryways must be marked by an
awning, recessed area, colonnade, or other architectural
feature that defines the entry.
(ii) The inclusion of a building element
the height of which varies from the remainder of the
building by at least ten (10) percent.
(iii) A plaza at the corner that includes a
fountain, artwork, or planting of at least ten (10) feet in
height.
(b) Site Design. In addition to other standards pro-
vided in this chapter, site design shall meet the follow-
ing requirements:
(1) Circulation. Clearly defined pedestrian
and vehicle circulation routes shall be provided such
that all portions of the site are linked.
(2) Storage. Outside storage of any kind is
prohibited with the exception of garbage cans and/or
dumpsters. Garbage cans and dumpsters shall be placed
in an enclosure per BMC 20.46.120. No garbage enclo-
sure shall be permitted between a street and the front of
a building. (Ord. 5222 §15, 2013; Ord. 5046 §16, 2008;
Ord. 4950 §8 (Exh. A) (part), 2005)
20.70.080 PARKING REQUIREMENTS.
Parking shall meet the standards of Chapter 20.48
BMC and the following requirements:
(a) For nonresidential uses, the minimum parking
requirement is one (1) space per employee.
(b) On-site parking for nonresidential uses shall
not exceed four (4) spaces per one thousand (1,000)
square feet of floor area.
(c) On-site parking shall be to the rear or side of
buildings and shall not occupy more than fifty (50) per-
cent of the site frontage facing the arterial street(s). The
site frontage includes the area between the right-of-way
and front building wall which applies to the entire length
of the property regardless of building width. Corner lots
have two (2) site frontages as they are positioned on two
(2) street frontages.
(d) All efforts shall be taken to avoid placing park-
ing on street corners. Parking located between the build-
ing frontage and street corners shall be fully screened as
follows:
(1) A four (4) foot tall decorative wall within
the front yard landscaping area that fully screens the
parking areas. The wall shall be located such that it
blocks views of the parking from the right-of-way. For
long spans of frontage (one hundred (100) feet or more),
the wall shall include modular articulation to add archi-
tectural variety.
(i) Alternate architectural features,
shrubs may be substituted for the wall, provided it is
demonstrated that the shrubs/alternative will provide
equal to or better visual screening than the wall. Shrubs
shall be a minimum of three (3) feet tall at time of instal-
lation and shall be additional to the landscaping required
in Chapter 20.50 BMC.
(ii) Openings and architectural features
may be required within a wall section in order to tie the
wall feature into the architecture of the building and to
provide pedestrian access. The entry shall be the mini-
mum necessary to accommodate a sidewalk that is a
minimum of five (5) feet in width, clearly marked, and
distinguished from driving surfaces by using decorative
paving, stamped/stained concrete, or raised walkways
with alternative materials (such as brick, cobblestone,
decorative pavers). Paint striping does not meet this
requirement.
(e) Access to parking shall be provided per the fol-
lowing priority:
(1) First, from an alley if available; if an alley
is not available, then from local street;
(2) If neither is available, then from a non-
principal arterial street;
(3) If none of the above are available then
from a principal arterial street.
Project applicants shall be required to demonstrate
to the satisfaction of the City that access design has been
considered with the preceding priorities. The applicant
shall demonstrate that the proposed access is provided
from the highest priority facility per the above list.
(f) Driveways providing access to parking shall be
well marked.
(g) Reduction in Number of Required Parking
Spaces. The Director may reduce the number of
required parking spaces on a site by up to ten (10) when
a remodel, expansion, alteration, or change in the use or
tenancy of an existing building occurs, provided:
(1) For sites with multiple uses or structures,
the reduction shall be applied to the entire site and not to
individual uses.
(2) When a use is nonconforming to the
required number of off-street parking spaces, it shall not
be allowed to reduce the number of existing spaces.
(Ord. 5222 §16, 2013: Ord. 4950 §8 (Exh. A) (part),
2005)
20.70.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter
20.50 BMC and the following standards shall be met:.
(a) All development proposed on properties abut-
ting Almira Drive NE shall provide a Type II visual
(Revised 12/14)20.70-4
20.70.100
screen as established in BMC 20.50.050(b). (Ord. 5251
§7, 2014: Ord. 4950 §8 (Exh. A) (part), 2005)
20.70.100 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)
Number Subject
Tables-3 (Revised 12/14)
4923 Number not used
4924 Adds § 3.48.076; amends §§ 3.48.030, 3.48.050 and 3.48.090, business and occupation taxes (3.48)
4925 Amends 2004 budget (Special)
4926 KCCHA public development authority (Special)
4927 Amends § 10.13.110, motorized wheeled transportation devices (10.13)
4928 Amends Ch. 2.02, §§ 2.14.010 and 2.14.030, city council and investment committee (2.02, 2.14)
4929 Number not used
4930 Amends § 9A.44.100, pedestrian interference (Repealed by 5262)
4931 Adds § 3.08.040, claims fund (3.08)
4932 Adds Chs. 20.40, 20.42, 20.44, 20.46, 20.60, 20.62 and 20.62, zoning (Repealed by 4950)
4933 Cascade natural gas franchise (Special)
4934 Repeals and replaces Ch. 2.76, procurement and disposal code; repeals Ch. 2.79 (2.76)
4935 ULID No. 2002-01 final assessment (Special)
4936 Adds Ch. 2.32 [2.34], Gold Mountain Golf Complex board of directors (Repealed by 5199)
4937 Adds Chs. 20.66 and 20.70, zoning (Repealed by 4950)
4938 Adds Ch. 20.02, project permits; repeals §§ 21.02.400, 21.02.410, 21.02.420, 21.02.450, 21.02.830(f),
21.02.840, 21.02.845, 21.02.850, 21.02.855, 21.02.865, 21.02.870, 21.02.875, 21.02.885, 21.02.890,
21.02.895, 21.02.935, and Figures 840, 895(a) and 895(b) of the Appendix to Ch. 21.02 (20.02)
4939 Adds Ch. 2.82, naming of parks and public facilities (2.82)
4940 Adds Chs. 2.32 and 3.12, arts commission and one percent for arts fund (2.32, 3.12)
4941 Adds Chs. 20.78, 20.80, 20.82, 20.84, 20.86 and 20.88 (Repealed by 4950)
4942 Amends Title 21 Appendix Figures 130 and 140, zoning (Repealed by 4950)
4943 Amends § 21.02.670, off-street parking space exemptions (Repealed by 4950)
4944 Water and sewer revenue bond (Special)
4945 General obligation bond (Special)
4946 Adds Chs. 20.18, 20.48, 20.50, 20.52, 20.54, 20.58, 20.74, 20.75, 20.76, 20.79, 20.90, 20.92, 20.94,
20.96, 20.97 and 20.98 (Repealed by 4950)
4947 Amends 2005 budget (Special)
4948 Street vacation (Special)
4949 Amends Title 7, animals (7.04, 7.05, 7.08, 7.10, 7.12, 7.14, 7.15, 7.16)
4950 Adds Chs. 20.18, 20.40, 20.42, 20.44, 20.46, 20.48, 20.50, 20.52, 20.54, 20.58, 20.60, 20.62, 20.64,
20.66, 20.70, 20.74, 20.75, 20.76, 20.78, 20.79, 20.80, 20.82, 20.84, 20.86, 20.88, 20.90, 20.92, 20.94,
20.96, 20.97 and 20.98, land use; renames Title 20; recodifies Chs. 20.04 as 20.12, 21.04 as 20.16,
21.06 as 20.10, 21.12 as 20.04 and 21.22 as 20.14; repeals and replaces zoning map; repeals Ords. 4194,
4222, 4236, 4285, 4293, 4325, 4546, 4557, 4567, 4591, 4592, 4664, 4680, 4713, 4723, 4768, 4774, §§ 6
– 9 of 4778, 4788, 4795, 4796, §§ 11 – 61 of 4798, 4799, 4804, 4806, 4817, 4821, 4828, 4860, 4861,
4886, 4887, 4899, § 1 of 4906, 4932, 4937, 4941, 4942, 4943 and 4946, the zoning portion of § 1
(20.04, 20.10, 20.18, 20.40, 20.42, 20.44, 20.46, 20.48, 20.50, 20.52, 20.54, 20.58, 20.60, 20.62, 20.64,
20.66, 20.70, 20.78, 20.79, 20.80, 20.82, 20.84, 20.86, 20.88, 20.90, 20.92, 20.94, 20.96, 20.97, 20.98)
4951 Number not used
4952 Amends §§ 7.04.020, 7.15.010 and 13.04.050, dog parks (7.04, 7.15, 13.04)
4953 2006 tax levy (Special)
4954 Amends comprehensive plan (Special)
4955 Amends Ch. 3.01, rates and fees (Repealed by 5130)
4956 Amends § 15.06.015, Appendix A (15.06)
4957 Recodifies Ch. 2.32 to Ch. 2.34, Gold Mountain Golf Complex board of directors (Repealed by 5199)
4958 Adds § 18.02.170; amends §§ 15.02.090, 18.02.080; recodifies §§ 18.02.170 to 18.02.180 and
18.02.180 to 18.02.190, automatic sprinkler systems (15.02, 18.02)
4959 Adopts 2006 budget (Special)
4960 Amends 2005 budget (Special)
Number Subject
(Revised 12/14)Tables-4
4961 Amends § 15.06.015, Appendix A (15.06)
4962 Amends § 20.80.080, subarea plans (20.80)
4963 Amends § 2.16.020, fire chief (2.16)
4964 Repeals and replaces Ch. 1.06; amends Ch. 3.01, Rate Table A, public records (1.06)
4965 Amends §§ 17.60.070, 17.60.250, 17.60.300, 17.60.310, 17.60.320, Table 040 of Ch. 20.02; repeals and
replaces Ch. 20.14, critical areas (17.60, 20.14)
4966 Amends §§ 2.05.010, 2.06.010, 2.06.030, Chs. 2.09 and 2.92; repeals Ch. 2.22, city departments (2.05,
2.06, 2.09, 2.92)
4967 NWCC development agreement termination (Special)
4968 Adds Ch. 3.78, multifamily property tax exemption; amends Ch. 3.01, Rate Table C (3.78)
4969 Repeals Ch. 2.11, traffic safety commission (Repealer)
4970 Amends §§ 2.13.070, 2.13.080, 2.13.110, 2.13.150 and Ch. 3.01, Rate Table C, administrative hearing
examiner (2.13)
4971 Amends Table 040 of Ch. 20.02, § 20.10.030, Ch. 20.42, §§ 20.44.060, 20.44.090, 20.46.070,
20.46.080(b)(8), 20.46.120(a), 20.48.260, 20.50.050(l), 20.52.130, 20.54.070(b), 20.60.040(j),
20.60.065, 20.60.100 and 20.92.060(g), zoning (20.10, 20.42, 20.44, 20.46, 20.48, 20.50, 20.52, 20.54,
20.60, 20.92)
4972 Amends § 20.60.065(f), low density residential (R-10) (20.60)
4973 Amends Ch. 9.48, fireworks (9.48)
4974 Street vacation (Special)
4975 Adds § 2.76.160; amends §§ 2.76.010, 2.76.040 and 2.76.080, procurement and disposal code; repeals
Ords. 4475, 4492, 4562, 4610, 4682, 4702, 4737 and 4868 (2.76)
4976 Amends shoreline master program (Not codified)
4977 Adds definition to Ch. 20.40 [20.42]; amends §§ 6.32.010(c), 20.02.090, 20.04.210(a) and 20.50.030(a),
Figure 20.52(a), §§ 20.58.060(f), 20.60.020, 20.60.040, 20.64.060(a), 20.79.060(a), 20.82.060 and
20.84.060, land use (6.32, 20.02, 20.04, 20.42, 20.50, 20.52, 20.58, 20.60, 20.64, 20.82, 20.84)
4978 Street vacation (Special)
4979 Amends 2006 budget (Special)
4980 Amends Ch. 3.01, Rate Table C and Ch. 20.02, Table 040; repeals and replaces Ch. 20.12, land division
(20.12)
4981 Adds Ch. 2.36 and § 20.02.085, design review board; amends Ch. 20.02, Table 040 (2.36)
4982 Amends § 2.09.060, department of financial services (2.09)
4983 Amends Ch. 2.09 and § 2.10.030, departments of financial services and public works and utilities (2.09,
2.10)
4984 Amends §§ 2.50.030, 2.50.031, 2.50.032 and 2.50.070, management and professional staff compensa-
tion program (2.50)
4985 Amends comprehensive plan (Special)
4986 Rezone (Special)
4987 2007 tax levy (Special)
4988 Amends §§ 3.48.030, 3.48.050, 3.48.090 and 3.50.050(f), business and occupation and utility taxes
(3.48, 3.50)
4989 Amends Ch. 3.01 Rate Tables E, F and G, rates and fees (Repealed by 5130)
4990 Amends § 15.06.015, Appendix A, assessments, rates, fees and charges (15.06)
4991 Adopts 2007 budget (Special)
4992 Adopts 2005 water system plan update; repeals Ord. 4755 (Repealed by 5220)
4993 Amends 2006 budget (Special)
4994 Amends Ch. 20.10, comprehensive plan amendments (20.10)
4995 Amends § 2.46.100, employee recognition (2.46)
4996 Amends and restates 457(b) deferred compensation plan (Not codified)
4997 Annexation (Special)
Number Subject
Tables-7 (Revised 12/14)
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 (Repealed by 5207)
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, 15.06, 15.08)
5104 Rezone (Special)
5105 Repeals and replaces Figure 3.78(a), multifamily property tax exemption (Repealed by 5260)
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 (Repealed by 5206)
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 (Repealed by 5206)
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)
5127 Amends § 17.60.070, floodplain management (17.60)
Number Subject
(Revised 12/14)Tables-8
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 (Repealed by 5206)
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)
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)
5174 Amends §§ 10.10.140, 10.11.010, 10.11.050 and 10.11.060, parking zones (Repealed by 5206)
Number Subject
Tables-9 (Revised 12/14)
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)
5183 Amends §§ 9A.12.020 and 13.04.140, liquor in city parks (9A.12, 13.04)
5184 Adds § 11.12.085, complete streets (11.12)
5185 Amends Ch. 7.06 and § 7.15.010, chickens (7.06, 7.15)
5186 Amends 2012 budget (Special)
5187 Adds § 20.04.205; amends § 20.04.010, State Environmental Policy Act (20.04)
5188 Amends comprehensive plan and § 20.80.080, subarea plans (20.80)
5189 Establishes planned action for South Kitsap industrial area (Special)
5190 Amends §§ 2.16.020, 2.19.020 and 2.30.020, civil service system (2.16, 2.19, 2.30)
5191 Bonds issuance (Special)
5192 Extends moratorium on medical marijuana collective gardens (Special)
5193 Adds § 1.06.110, public records (1.06)
5194 (Failed)
5195 Amends § 3.48.050, business and occupation taxes (3.48)
5196 (Failed)
5197 2013 tax levy (Special)
5198 Amends § 2.03.010, mayor (2.03)
5199 Repeals Ch. 2.34, Gold Mountain Golf Complex board of directors (Repealer)
5200 Adopts 2013 budget (Special)
5201 Amends Ch. 3.48 and § 3.86.200, business and occupation taxes (3.48, 3.86)
5202 Amends comprehensive plan (Special)
5203 Amends 2012 budget (Special)
5204 Amends Ch. 9.88, drug offenses (9.88)
5205 Amends §§ 20.40.160, 20.42.020 and 20.42.040, medical marijuana collective gardens (20.40, 20.42)
5206 Amends Ch. 11.10; repeals and replaces Ch. 10.10; repeals Ch. 10.11, parking and sidewalks (10.10,
11.10)
5207 Repeals Ord. 5089, public defense standards (Repealer)
5208 Amends Chs. 9A.32 and 9A.44, criminal code (9A.32, 9A.44)
5209 Adds § 15.01.015; amends § 20.14.630; repeals and replaces §15.01.020 and Ch. 15.04, stormwater
(15.01, 15.04, 20.14)
5210 Amends §§ 2.50.032, 2.50.040, 2.50.060 and 2.50.070, management and professional staff compensa-
tion program (2.50)
5211 Adds § 15.06.025, sewer conservation loan program (15.06)
5212 Rezone (Special)
5213 Amends rates and fees for the department of public works and utilities (Not codified)
5214 Bonds issuance (Special)
5215 Adds Ch. 6.10, abandoned property registration and maintenance (6.10)
5216 Adds Ch. 10.08; amends § 2.62.045, impoundment of vehicles, appeals (2.62, 10.08)
5217 Amends 2013 budget (Special)
5218 Cable franchise (Special)
5219 Amends §§ 17.04.020 and 17.04.110, building code (17.04)
5220 Repeals Ord. 4992, 2005 water system plan (Repealer)
Number Subject
(Revised 12/14)Tables-10
5221 Adds Ch. 5.06, rental property registration (5.06)
5222 Amends §§ 20.04.100, 20.42.040, 20.44.120, 20.48.260, 20.62.060(a), 20.62.080, 20.64.060(a),
20.64.080, 20.66.050, 20.66.060(a), 20.66.080, 20.70.050, 20.70.060(a), 20.70.070(b), 20.70.080,
20.82.060(a), 20.82.080, 20.84.060(a), 20.84.080, 20.92.020 and 20.98.020, zoning (20.04, 20.42,
20.44, 20.48, 20.62, 20.64, 20.66, 20.70, 20.82, 20.84, 20.92, 20.98)
5223 Adds Ch. 10.20; repeals Ch. 10.40, commute trip reduction plan (10.20)
5224 Fiscal policy regarding tax receipts (Special)
5225 Amends Ch. 9.24, prostitution (9.24)
5226 Amends Ord. 4875, energy franchise (Special)
5227 2014 tax levy (Special)
5228 Amends Ord. 5213, rates and fees for the department of public works and utilities (Not codified)
5229 Shoreline master program; repeals Resos. 1736, 1746, 1765, 1769 and 1770 and Ords. 4183, 4365,
4634, 4797 and 4829 (Not codified)
5230 Repeals and replaces Ch. 20.16, shoreline development (20.16)
5231 Amends Ch. 17.60, floodplain management (17.60)
5232 Adds Ch. 2.11; amends Chs. 2.06 and 2.09, human resources (2.06, 2.09, 2.11)
5233 Amends comprehensive plan (Special)
5234 Amends Ch. 18.02, city fire code (18.02)
5235 Adopts 2014 budget (Special)
5236 Amends 2013 budget (Special)
5237 Amends comprehensive plan and § 20.80.080, subarea plans (20.80)
5238 Amends § 3.72.020, gambling tax (3.72)
5239 Street vacation (Special)
5240 Establishes planned action for Gorst urban growth area (Special)
5241 Revokes Wheaton-Riddell District Center Subarea Plan adopted by Ord. 5025 (20.80)
5242 Repeals Res. 3045 and approves 2014 Parks, Recreation and Open Space Plan (Special)
5243 Amends Ch. 7.15, animal violations and infractions (7.15)
5244 Street vacation (Special)
5245 Amends Ch. 11.25, transportation benefit district (11.25)
5246 Amends 2014 budget (Special)
5247 Amends § 11.10.010, hazardous sidewalk conditions prohibited (11.10)
5248 Rezone (Special)
5249 Adds § 20.48.150; amends §§ 20.42.040, 20.52.050, 20.52.070, 20.52.130, 20.52.160, 20.52.180, Fig-
ure 20.52(a), §§ 20.92.020 and 20.98.020; repeals Title 19, §§ 20.42.020 and 20.52.170, zoning (20.42,
20.48, 20.52, 20.92, 20.98)
5250 Amends Title 15, municipal utilities (15.01, 15.02, 15.03, 15.04, 15.05, 15.06, 15.07, 15.08)
5251 Amends §§ 20.70.020, 20.70.060 and 20.70.090; rezones properties and amends zoning map, district
center core (DCC) (20.70)
5252 Amends Ch. 2.18, audit committee and city auditor (2.18)
5253 Amends § 7.10.010, animal impoundment and quarantine (7.10)
5254 Adds Ch. 5.12, taxicabs (5.12)
5255 Bonds issuance (Special)
5256 Alley vacation (Special)
5257 Street vacation (Special)
5258 Street vacation (Special)
5259 Street vacation (Special)
5260 Repeals and replaces Figure 3.78(a), multifamily property tax exemption (3.78)
5261 Amends §§ 20.12.060, 20.12.090 and 20.12.140, land division (20.12)
5262 Adds §§ 9A.44.110, 9A.44.120, 9A.44.130 and 9A.44.140; amends and renumbers § 9A.44.110 as
9A.44.100; repeals § 9A.44.100, public disturbances (9A.44)
Number Subject
Tables-11 (Revised 12/14)
5263 Amends §§ 20.52.040, 20.52.050, 20.52.060, 20.52.100 and 20.52.180, signs (20.52)
5264 2015 tax levy (Special)
5265 Amends Ord. 5228, rates and fees for department of public works and utilities (Not codified)
5266 Adopts 2015 budget (Special)