HomeMy WebLinkAbout20 bremerton0615_supp20SUPPLEMENT DIRECTIONS
BREMERTON MUNICIPAL CODE
Supplement No. 20 – June 2015
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Title 2
2.32-1 – 2.32-2 ........................................................ 2.32-1
Title 3
Table of Contents .................................. Table of Contents
3.12-1 – 3.12-2 .......................................... 3.12-1 – 3.12-2
— ............................................................................. 3.32-1
Title 5
5.06-1 – 5.06-4 .......................................... 5.06-1 – 5.06-4
Title 11
Table of Contents .................................. Table of Contents
11.08-1 – 11.08-3 .................................. 11.08-1 – 11.08-3
11.10-1 – 11.10-2 ........................................................... —
Title 13
13.04-1 – 13.04-3 .................................. 13.04-1 – 13.04-3
Title 15
15.02-3 – 15.02-5 .................................. 15.02-3 – 15.02-5
Tables
1 – 2 ............................................................................ 1 – 2
7 – 11 ........................................................................ 7 – 11
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(Revised 6/15)
Updated by: _______
Dated: ____________
2.32-1 (Revised 6/15)
Chapter 2.32
ARTS COMMISSION
Sections:
2.32.010 PURPOSE OF ARTS
COMMISSION.
2.32.020 ARTS COMMISSION
ESTABLISHED.
2.32.030 ART/ARTIST SELECTION.
2.32.010 PURPOSE OF ARTS
COMMISSION.
(a) The City of Bremerton supports expanding
experiences with the arts through public art to enhance
the quality of life for its citizens. Public art has enabled
people in all societies to understand more clearly their
communities and individual lives. Artists creating art
for public places benefits the community and enhances
the City’s standing as a center for artists.
A policy is therefore established to direct the inclu-
sion of works of art in public places ("public art") in the
City through a program to be known as "one (1) percent
for arts program" funded through a one (1) percent for
arts fund as set forth in Chapter 3.12 BMC.
In administering the arts program, it is the City’s
desire to:
(1) Enhance and enrich the City’s physical
environment and public spaces.
(2) Consider opportunities to celebrate the
multicultural and diverse character of Bremerton.
(3) Contribute a sense of ownership and pride
in spaces and public facilities to Bremerton citizens.
(Ord. 5270 §2 (part), 2015: Ord. 4940 §1 (part), 2005)
2.32.020 ARTS COMMISSION
ESTABLISHED.
(a) Membership. The Arts Commission shall con-
sist of seven members. Members shall include but not be
restricted to representatives of: painters, sculptors,
music, literature, architects, and landscape architects.
Appointment to the Arts Commission shall be made by
the Mayor subject to confirmation by the City Council.
(b) Terms. Terms of office shall consist of four (4)
year staggered terms with the initial terms consisting of
two (2) members with four (4) year terms, two (2) mem-
bers with three (3) year terms, two (2) members with
two (2) year terms and one (1) member with a one (1)
year term.
(c) Compensation. Commissioners shall serve
without compensation.
(d) Conflict of Interest. No City official or
employee may be a member of the Arts Commission,
nor may any citizen having a conflict of interest be a
member of the Arts Commission. No Commission
member may submit work for consideration during
his/her term of office. As soon as a conflict of interest
becomes apparent, the commission member shall dis-
close to each of the members voting on the matter the
nature of his/her interest in the issue and shall be dis-
qualified from participating in any debate, decision or
vote relating to that issue.
(e) Administrative Support. Administrative sup-
port will be provided to the Arts Commission by City
staff as assigned by the Mayor.
(f) Maintenance. The Arts Commission shall
oversee the conservation and maintenance of any public
art and shall prepare reports as requested for submittal to
the City Council on the condition and maintenance
requirements of all public art.
(g) Community Outreach. The Arts Commission
shall support citizen forums and workshops, gather
information and/or assist in education/informing the
public about public art and the City’s public art collec-
tion.
(h) Rules and Procedures. The Arts Commission
shall establish rules and procedures it deems necessary
and appropriate to administer and implement the one (1)
percent for arts program. These rules and procedures
may address the following:
(1) Methods for selection of artists and art for
public art projects;
(2) Incentives for the inclusion of art in pri-
vate projects;
(3) Artists’ rights and responsibilities relative
to public art;
(4) Maintenance and preservation of public
art;
(5) Decommissioning and removal of public
art;
(6) Public education and community out-
reach;
(7) Private funding and gifts for public art.
(Ord. 5270 §2 (part), 2015: Ord. 4940 §1 (part), 2005)
2.32.030 ART/ARTIST SELECTION.
(a) Planning. Artists may be selected to assist in
the evaluation of options, strategies, limitations, oppor-
tunities for art, and aesthetic design in capital projects
before the scope, quality, schedule, and budget are
fixed.
(b) Site-Specific Work. Artists may be selected to
design artwork for a specific location.
(c) Individual Works of Art. Artists may be com-
missioned to create a work of art or existing works of art
may be acquired. (Ord. 5270 §2 (part), 2015: Ord. 4940
§1 (part), 2005)
(Revised 6/15)
Title 3
REVENUE AND FINANCE
Chapters:
3.01 RATES AND FEES
3.02 BUDGET STRUCTURE AND POLICY
3.04 LOCAL IMPROVEMENT GUARANTY FUND
3.06 PUBLIC ACCESS TELEVISION FUND
3.08 CLAIMS FUND
3.12 ONE PERCENT FOR ARTS FUND
3.24 ARTERIAL STREET FUND
3.25 PARK DEVELOPMENT FUND
3.26 GIFT AND DONATION FUND
3.28 ADMINISTRATIVE TRUST FUND
3.30 RISK MANAGEMENT FUND
3.32 SELF-INSURED HEALTH AND WELFARE
RESERVE FUND
3.36 CONTINGENCY RESERVE FUND
3.40 CURRENT WATER FUND
3.42 STORMWATER OPERATING FUND
3.46 SALES OR USE TAX
3.48 BUSINESS AND OCCUPATION TAXES
3.49 USE TAX - NATURAL OR MANUFACTURED GAS
3.50 UTILITY TAXES
3.52 MOTOR VEHICLE EXCISE TAX
3.64 LODGING TAX FUND
3.65 REPAIR AND DEMOLITION FUND
3.68 EQUIPMENT RENTAL RESERVE FUND
3.72 GAMBLING TAX
3.74 AMUSEMENT DEVICES
3.76 MOTOR VEHICLE INTOXICATION FUND
3.78 MULTIFAMILY PROPERTY TAX EXEMPTION
3.80 LEASEHOLD EXCISE TAX
3.82 COMMERCIAL PARKING TAX
3.84 EXCISE TAX ON REAL ESTATE SALES
3.86 ADMINISTRATIVE PROVISIONS FOR TAXES
3.88 WASTEWATER OPERATING FUND
3.96 DEFERRED COMPENSATION FUND
3.99 PENDERGAST REGIONAL PARK
CONSTRUCTION FUND
3.12-1 (Revised 6/15)
Chapter 3.12
ONE PERCENT FOR ARTS FUND
Sections:
3.12.010 DEFINITIONS.
3.12.020 ONE (1) PERCENT FOR ARTS
FUND ESTABLISHED.
3.12.030 FUNDING BASIS.
3.12.040 SELECTION OF PUBLIC ART.
3.12.050 MAINTENANCE AND REPAIR
OF PUBLIC ART.
3.12.060 AUTHORIZED
EXPENDITURES FROM ARTS
FUND.
3.12.010 DEFINITIONS.
(a) "Art Advisory Panel" means a committee con-
sisting of a group of individuals, including artists, art
and design professionals and nonartist citizen represen-
tatives appointed by the Chair of the Commission to
advise and assist the Commission in selecting artists to
provide works or services to the City under the Arts Pro-
gram. The Commission is encouraged to appoint a broad
range of citizen participation on the panel. An advisory
panel may be directed by the Chair to consider a single
project or multiple projects and more than one panel
may be appointed and serve concurrently to consider
separate projects.
(b) "Arts Commission" or "Commission" means
the commission established in Chapter 2.32 BMC.
(c) "Arts fund" or "one (1) percent for arts fund"
means the common pool for appropriated funds and
donations that are accumulated pursuant to this chapter.
(d) "Arts program" or "one (1) percent for arts pro-
gram" means the policies and strategies that will iden-
tify opportunities and implement a program for creation
and display of public art within the City as well as deter-
mine project budgets for public art. This task shall be
implemented by the Arts Commission and staff working
in partnership with project departments and citizens.
(e) "Capital improvement project" means any
City-funded project(s), or any City-funded portion
thereof, including funds received from outside sources,
as specifically identified in the City’s capital improve-
ment program except that "capital improvement project"
does not mean:
(1) Capital improvement projects of munici-
pal utilities as set forth in BMC Title 15;
(2) Capital improvement projects identified in
the arterial street fund as set forth in Chapter 3.24 BMC;
(3) Capital improvement projects identified in
street fund 102;
(4) That portion of capital improvement proj-
ects funded by CDBG funds;
(5) General maintenance of any project;
(6) Capital equipment;
(7) That portion of capital improvement proj-
ects funded from sources that precludes expenditures for
public art; or
(8) That portion of capital improvement proj-
ects already subjected to a dedicated art funding pro-
gram.
(f) "CDBG" means community development
block grant.
(g) "City" means the City of Bremerton.
(h) "Commission" means the Arts Commission
established in Chapter 2.32 BMC.
(i) "Commissioner" means an individual
appointed to serve as a member of the Arts Commission.
(j) "Construction cost" is defined to include
actual construction costs, architectural and engineering
fees, project administration, site preparation, and con-
tingency allowances. It does not include land acquisi-
tion, financing, sales tax, furnishings, fixtures or
equipment. "Council" or "City Council" means the
Bremerton City Council.
(k) "Project Department" means the department or
division of the City responsible for construction of a
capital improvement project.
(l) "Public art" means original visual creations
which are sited in a manner accessible and visible to the
public and shall include the production or arrangement
of sounds, colors, forms, movements or other elements
in a manner that enhances the sense of beauty and has
aesthetic value. Public art may also include artist-made
or artist-designed building parts that are structural or
functional elements of a building, structure, park or
other facility. Public art may include an area or space
specifically designed, constructed and managed as a dis-
play area for other works of art. "Public art" shall also
mean performing art.
(m) "Public space" means any place or property
within the City limits which is open to the general public
for its use, or which is in public view, or is generally
accessible and visible to the public.
(n) "Site preparation" shall mean all work per-
formed in, on, or around a project site in anticipation of
subsequent construction work inclusive of, but not lim-
ited to, select demolition, rough grading, environmental
assessment and remediation, erosion control and secu-
rity fencing. (Ord. 4940 §2 (part), 2005)
3.12.020 ONE (1) PERCENT FOR ARTS
FUND ESTABLISHED.
(a) Project funds for capital improvement projects
as calculated and established in BMC 3.12.030 as well
as donations made to the arts program shall provide the
(Revised 6/15)3.12-2
revenue for purchase of public art. At the request of the
donor, donations may be earmarked for particular proj-
ects.
(b) The one (1) percent for arts fund is hereby
established. If the one (1) percent amount authorized for
a given project is not expended, or if a surplus is avail-
able due to the work of art costing less than one (1) per-
cent of the total project cost, then the nonexpended
amount shall be deposited and pooled into the "one (1)
percent for arts fund" for use on projects approved by
the Commission. (Ord. 4940 §2 (part), 2005)
3.12.030 FUNDING BASIS.
Beginning with the City’s fiscal year 2006 budget,
all capital improvement projects as defined in this chap-
ter will contribute to the one (1) percent for arts fund.
(a) Calculation of Contribution to Fund. The
amount of the annual appropriation for art shall be equal
to one (1) percent of the total eligible funds of capital
improvement projects as follows:
(1) At a minimum, the amount budgeted for
art in a capital improvement project shall be equal to one
(1) percent of the total construction costs as bid and
awarded.
(2) In all cases where a capital improvement
project has a scope of work that includes both eligible
and ineligible elements and categories, the budget for art
shall be calculated, at a minimum, in the eligible por-
tions of the project. In all cases where a capital improve-
ment project includes a source of funds which is eligible
for a public art purpose but which may not be pooled
with other funds and may not be used for another or dif-
ferent project, the budget for art in that capital improve-
ment project shall include one (1) percent of such
eligible funds.
(b) Pooling of Funds. A policy is hereby estab-
lished to direct the transfer to and pooling of all one (1)
percent for arts fund program monies in the arts fund.
Pooling affords the opportunity to look at the needs of
the City as a whole and use the art monies only for those
projects which may have the greatest value and impact
on communities or offer the best opportunities for artist
involvement.
(c) Appropriation of Funds. At the time a capital
improvement project is proposed, the Project Depart-
ment shall calculate and include a budgeted line item for
the arts fund associated with each eligible project. The
Finance Department shall confirm the calculations and
include the appropriations for art in the proposed City
budget. The amounts budgeted for the arts fund in par-
ticular projects may be adjusted to reflect Council
changes to the budget for the capital improvement proj-
ect. All amounts budgeted for the arts fund shall be
transferred directly into the arts fund. Fund transfers to
the arts fund will occur as soon as practicable after a bid
has been awarded for the project. (Ord. 4940 §2 (part),
2005)
3.12.040 SELECTION OF PUBLIC ART.
(a) Each project providing funds to the arts pro-
gram may apply to the arts program for funding for any
art proposed to be incorporated into the project.
(b) The Arts Commission shall make selections of
the artists and the public art to be funded through the arts
program and maintenance and repair programs, as
appropriate, for the selected public art, subject to confir-
mation by the City Council. The Arts Commission may
empanel an Art Advisory Panel to assist in this selec-
tion. The contracts commissioning art shall address the
issue of ownership. (Ord. 4940 §2 (part), 2005)
3.12.050 MAINTENANCE AND REPAIR OF
PUBLIC ART.
The Parks and Recreation Department shall be
responsible for the maintenance and repair of all public
art except as otherwise provided for under any mainte-
nance and repair program established by the City Coun-
cil pursuant to BMC 3.12.040. Funding sources for the
maintenance and repair of public art may include the
Parks and Recreation Department budget, other City
department budgets, other sources approved by the City
Council or the arts fund. (Ord. 4940 §2 (part), 2005)
3.12.060 AUTHORIZED EXPENDITURES
FROM ARTS FUND.
Subject to expenditures for the selection of public
art and any maintenance and repair programs approved
pursuant to BMC 3.12.040, budgeted expenditures may
be made from the arts fund for any of the following pur-
poses:
(a) The selection, acquisition, and display of
works of art which may be an integral part of a project
or which may be placed in, on, or about a project or
other public space.
(b) Artist fees, design, planning, and pre-design
service contracts and commissions.
(c) Expenses for technical assistance provided by
architects and/or engineers to artists in order to design,
document, and/or certify the artwork.
(d) Maintenance and repair of City public art ben-
efited by the one (1) percent for arts fund.
(e) Citizen forums and workshops to gather infor-
mation and/or educate/inform the public about public art
and the City’s public art collection.
3.32-1 (Revised 6/15)
Chapter 3.32
SELF-INSURED HEALTH AND
WELFARE RESERVE FUND
Sections:
3.32.010 FUND ESTABLISHED.
3.32.020 AMOUNT AND SOURCE.
3.32.030 ADMINISTRATION AND
EXPENDITURE.
3.32.040 ADJUSTMENTS TO
RESERVES.
3.32.010 FUND ESTABLISHED.
There is established a fund to be called the "Self-
Insured Health and Welfare Reserve Fund" ("reserve
fund"). The reserve fund is established to fund the City
of Bremerton’s Self-Insured Health and Welfare Pro-
gram ("program"). (Ord. 5273 §1 (part), 2015)
3.32.020 AMOUNT AND SOURCE.
The minimum reserve fund balance shall be estab-
lished in the amount equal to at least four (4) months of
program expenses or at an amount recommended by an
independent actuarial, whichever is greater ("minimum
reserve"). The minimum reserve established herein
includes the minimum reserve amount for program
expenses as well as an additional contingency reserve
required pursuant to WAC 200-110-040. All of the rev-
enues from City and employee contributions to the pro-
gram shall be deposited into the reserve fund. The
reserve fund shall be fully funded to the minimum
reserve amount by the end of the first three (3) years of
the program, December 31, 2017. (Ord. 5273 §1 (part),
2015)
3.32.030 ADMINISTRATION AND
EXPENDITURE.
The reserve fund shall be operated as a separate
fund administered by the City Treasurer and the Human
Resources Manager pursuant to the requirements of
Chapter 200-110 WAC. All monies received by the
fund, together with investment earnings thereon, shall
be expended only to administer and operate the program
including payment for services and payment of medical
and prescription claims authorized under the program.
The City shall obtain an audit on claims expenditures
and fund balances of the reserve fund every three (3)
years or as otherwise required by WAC 200-110-120, as
currently enacted or hereinafter amended. (Ord. 5273 §1
(part), 2015)
3.32.040 ADJUSTMENTS TO RESERVES.
The reserve fund shall be adjusted as follows:
(a) If at any time the cash reserve balance of the
reserve fund is less than the minimum reserve, a repay-
ment plan shall be established by the Mayor and
approved by the City Council to replenish the reserve
fund to its minimum level if deemed necessary to
administer and operate the program.
(b) Should the cash reserve balance of the reserve
fund at any time exceed the minimum reserve, the
excess cash reserve shall be used for reduction in premi-
ums made by the City and employees to the program,
used to add additional benefits and/or be maintained in
the reserve fund if deemed appropriate. (Ord. 5273 §1
(part), 2015)
5.06-1 (Revised 6/15)
Chapter 5.06
RENTAL PROPERTY REGISTRATION
Sections:
5.06.010 PURPOSE.
5.06.020 DEFINITIONS.
5.06.030 REGISTRATION AND
DECLARATION REQUIRED.
5.06.040 VIOLATIONS AND
INSPECTIONS.
5.06.050 INSPECTION FINDINGS -
REVIEW AND APPEAL.
5.06.060 ADMINISTRATIVE APPEALS.
5.06.070 VIOLATIONS AND
ENFORCEMENT.
5.06.010 PURPOSE.
The City Council finds that rental housing is a valu-
able community asset, providing homes for all income
levels. Additionally, the City Council finds that there
exists rental housing in the City that is below the mini-
mum building standards and appears to violate RCW
59.18.060 of the Residential Landlord-Tenant Act and
that such substandard conditions constitute a public nui-
sance. As a result, to ensure the public health, safety,
and welfare of its citizens and the maintenance of qual-
ity rental housing in the City, this code establishes a pro-
gram to prevent and correct conditions in residential
rental units that adversely affect or are likely to
adversely affect the health, safety, and welfare of the
public. It is the purpose of this chapter to assure that
rental housing within the City is actively operated and
maintained in compliance with RCW 59.18.060. (Ord.
5269 §1 (part), 2015: Ord. 5221 §1 (part), 2013)
5.06.020 DEFINITIONS.
"BMC" means Bremerton Municipal Code.
"Building Code" means the City Building Code set
forth in Chapter 17.04 BMC.
"Certificate of inspection" means a certificate made
in accordance with the requirements of RCW 9A.72.085
by a qualified inspector on forms provided by the City
that states that the owner of rental property has not failed
to fulfill any substantial obligation imposed under RCW
59.18.060 of the Landlord-Tenant Act, as defined in this
section, that endangers or impairs the health or safety of
a tenant.
"Code enforcement officer" means code enforce-
ment officer as defined in Chapter 1.04 BMC.
"Declaration of compliance" means an unsworn
statement, declaration, verification, or certificate made
in accordance with the forms provided by the City that
each dwelling unit complies with RCW 59.18.060 of the
Landlord-Tenant Act as defined in this section, as cur-
rently enacted and hereinafter amended, and does not
present conditions that endanger or impair the health or
safety of the tenants.
"Director" means the Director of Community
Development or designee as applicable and any other
department director authorized by the Mayor to enforce
this chapter, or their designee, including, but not limited
to, code enforcement officer, Building Official and
other designated City official.
"Dwelling unit" means any structure or part of a
structure which is used as a home, residence, or sleeping
place by one (1) or more persons maintaining a common
household, including but not limited to single-family
residences, a room, rooming units, units of multiplexes,
condominiums, apartment buildings, mobile homes and
other similar residential structures.
"Fire Code" means the City Fire Code set forth in
Chapter 18.02 BMC.
"Landlord" means the owner of rental property.
"Landlord-Tenant Act" means the Residential
Landlord-Tenant Act set forth in Chapter 59.18 RCW,
as currently enacted and hereinafter amended.
"Owner" means one (1) or more persons, jointly or
severally, in whom is vested all or any part of the legal
title to rental property or all or part of the beneficial
ownership and a right to present use and enjoyment of
the property.
"Person" means an individual, group of individuals,
corporation, government, governmental agency, busi-
ness trust, estate, trust, partnership, association, two (2)
or more persons having a joint or common interest, or
any other legal or commercial entity.
"Qualified inspector" means a United States
Department of Housing and Urban Development certi-
fied inspector, a Washington State licensed home
inspector, an American Society of Home Inspectors cer-
tified inspector, a private inspector certified by the
National Association of Housing and Redevelopment
Officials, the American Association of Code Enforce-
ment, International Code Council certified inspector, or
other comparable professional association as approved
by the Director of Community Development, a Wash-
ington licensed structural engineer, or a Washington
licensed architect. An "owner" as defined in this section
is not eligible to act as a qualified inspector.
"RCW" means Revised Code of Washington.
"RCW 59.18.060 of the Landlord-Tenant Act"
means, for the purpose of this chapter, RCW
59.18.060(1) through (10), as currently enacted or here-
inafter amended, relating to the landlord’s duties, which
provide as follows: (1) maintain the premises to substan-
tially comply with any applicable code, statute, ordi-
nance, or regulation governing their maintenance or
operation, which the legislative body enacting the appli-
cable code, statute, ordinance or regulation could
(Revised 6/15)5.06-2
enforce as to the premises rented if such condition
endangers or impairs the health or safety of the tenant;
(2) maintain the structural components, including, but
not limited to, the roofs, floors, walls, chimneys, fire-
places, foundations, and all other structural components,
in reasonably good repair so as to be usable; (3) keep
any shared or common areas reasonably clean, sanitary,
and safe from defects increasing the hazards of fire or
accident; (4) provide a reasonable program for the con-
trol of infestation by insects, rodents, and other pests at
the initiation of the tenancy and, except in the case of a
single-family residence, control infestation during ten-
ancy except where such infestation is caused by the
tenant; (5) except where the condition is attributable to
normal wear and tear, make repairs and arrangements
necessary to put and keep the premises in as good con-
dition as it by law or rental agreement should have been,
at the commencement of the tenancy; (6) provide rea-
sonably adequate locks and furnish keys to the tenant;
(7) maintain all electrical, plumbing, heating, and other
facilities and appliances supplied by him or her in rea-
sonably good working order; (8) maintain the dwelling
unit in reasonably weathertight condition; (9) except in
the case of a single-family residence, provide and main-
tain appropriate receptacles in common areas for the
removal of ashes, rubbish, and garbage incidental to the
occupancy and arrange for the reasonable and regular
removal of such waste; (10) provide facilities adequate
to supply heat and water and hot water as reasonably
required by the tenant.
"Rental property" or "property" means all residen-
tial dwelling units rented or leased on a contiguous par-
cel or parcels of land managed by the same landlord as
a single rental complex.
"Tenant" is any person who is entitled to occupy a
dwelling unit primarily for living or dwelling purposes
with or without a rental agreement. (Ord. 5269 §1 (part),
2015: Ord. 5221 §1 (part), 2013)
5.06.030 REGISTRATION AND
DECLARATION REQUIRED.
(a) Registration and Declaration of Compliance.
Any landlord renting or making available for rent any
"dwelling unit" as defined in BMC 5.06.020 that
requires a general business license pursuant to Chapter
5.02 BMC shall annually with the general business
license application or renewal:
(1) Register each dwelling unit;
(2) Provide the City with the landlord’s name
and contact information;
(3) Provide the City with the name and con-
tact information of any person designated by the land-
lord as an alternate contact or as a representative of the
landlord responsible for the management of the rental
property (optional);
(4) Provide an email or mailing address or
other method of contact as approved by the Bremerton
Police Department for participation in the Department’s
landlord notification program for notice of police activ-
ity on the rental property; and
(5) File with and as part of the registration a
declaration of compliance as defined in BMC 5.06.020
that each dwelling unit complies with RCW 59.18.060
of the Landlord-Tenant Act and does not present condi-
tions that endanger or impair the health or safety of the
tenants.
(b) Conditions of Issuance. Issuance of the general
business license shall require:
(1) Registration of dwelling units and provid-
ing the landlord’s name and contact information as
required in subsection (a) of this section;
(2) Submission of a declaration of compliance
as required in subsection (a) of this section or, as appli-
cable, submission of certificate of inspection if required
by BMC 5.06.040;
(3) Payment of applicable fees; and
(4) Compliance with this chapter.
(c) Revocation or Denial. Any general business
license issued under Chapter 5.02 BMC may be revoked
or denied for any violation of this chapter by the licensee
or his or her agents or employees pursuant to BMC
5.02.180. (Ord. 5269 §1 (part), 2015: Ord. 5221 §1
(part), 2013)
5.06.040 VIOLATIONS AND INSPECTIONS.
To ensure compliance with RCW 59.18.060 of the
Landlord-Tenant Act related to conditions of rental
housing, the following shall apply:
(a) Pending Violation - Correction Notice. When-
ever the City is provided notice of a violation of the
Building Code, the Fire Code, and/or violations of any
other applicable City code or state law which endangers
or impairs the health or safety of a tenant, the City code
enforcement officer shall issue a correction notice to the
owner pursuant to Chapter 1.04 BMC. Notice to the City
of the violation may be provided as a result of a pending
code enforcement proceeding or other similar action on
rental property, an on-site visit by a City official, or by
any other means. The owner shall cure the violation in
the time period as requested by the code enforcement
officer or provide a plan acceptable to the City to bring
the property into compliance with RCW 59.18.060 for
any existing violation.
(b) Notice of Violation - Hearing. In the event the
owner does not or cannot cure the violation or obtain an
approved plan within the required time period stated in
the correction notice, a notice of violation shall be
mailed or otherwise served to the owner scheduling a
hearing before the Administrative Hearing Examiner
pursuant to BMC 1.04.080.
5.06-3 (Revised 6/15)
(c) Certificate of Inspection - Required. In the
event a hearing is held before the Administrative Hear-
ing Examiner and an order is issued requiring the owner
to cure the violation, the City may request, as part of the
order, that the owner obtain a certificate of inspection
pursuant to this section. The certificate of inspection
must be provided by a qualified inspector for the subject
rental property to ensure full compliance with the order
and with RCW 59.18.060 of the Landlord-Tenant Act
and does not present conditions that endanger or impair
the health or safety of a tenant. The dwelling unit or
units of the rental property to be inspected and the extent
of the inspection shall be as required by the Administra-
tive Hearing Examiner’s order.
(d) Filing of Certificate of Inspection. The certifi-
cate of inspection shall be filed with the City by the date
and upon the conditions required by the Administrative
Hearing Examiner’s order. If a qualified inspector other
than a City code enforcement officer performs the
inspection and a selected unit or units of the rental prop-
erty fails the initial inspection, both the results of the ini-
tial inspection and any certificate of inspection must be
provided to the City.
(e) False Reporting - Misdemeanor. Any person
who knowingly submits or assists in the submission of a
falsified declaration of compliance or certificate of
inspection is guilty of a misdemeanor pursuant to BMC
1.12.020(2). Any inspector convicted of, admitting to or
submitting a falsified certificate of inspection will no
longer be a qualified inspector as defined under BMC
5.06.020.
(f) Notice of Inspection to Tenant. Notice to
tenant of an inspection shall be provided as follows:
(1) Landlord shall provide written notification
of his or her intent to enter an individual unit for the pur-
poses of providing the City a certificate of inspection in
accordance with RCW 59.18.150(6) of the Landlord-
Tenant Act. The written notice must indicate the date
and approximate time of the inspection and the company
or person performing the inspection, and that the tenant
has the right to see the inspector’s identification before
the inspector enters the individual unit. A copy of this
notice must be provided to the inspector upon request on
the day of inspection.
(2) A tenant who continues to deny access to
his or her unit is subject to RCW 59.18.150(8) of the
Landlord-Tenant Act. (Ord. 5269 §1 (part), 2015: Ord.
5221 §1 (part), 2013)
5.06.050 INSPECTION FINDINGS - REVIEW
AND APPEAL.
(a) Administrative Review of Findings. If a land-
lord does not agree with the findings of an inspection
performed by a qualified inspector, as defined under this
chapter, the landlord may request an administrative
review by the Director by filing a written request with
the Department of Community Development within
fourteen (14) calendar days of the inspection or may file
a direct appeal to the Administrative Hearing Examiner
pursuant to BMC 5.06.060. The request shall state in
writing the reasons the Director should review the find-
ings. Failure to state the basis for the review in writing
shall be cause for dismissal of the review. Upon receipt
of the request for administrative review, the Director
shall review the information provided. In lieu of filing
an appeal with the Director, an appeal may also be made
directly to the Administrative Hearing Examiner pursu-
ant to subsection (c) of this section within thirty (30) cal-
endar days of the inspection.
(b) Decision of Director. After considering all of
the information provided, including information from
the code enforcement officer and the City Attorney, or
his or her designee, the Director shall affirm or modify
the findings of inspection. The Director’s decision shall
be delivered in writing to the appellant by first-class
mail, email or hand delivery.
(c) Administrative Appeal. Appeals of the deci-
sion resulting from the Director’s review shall be made
to the Administrative Hearing Examiner pursuant to
BMC 5.06.060. (Ord. 5269 §1 (part), 2015: Ord. 5221
§1 (part), 2013)
5.06.060 ADMINISTRATIVE APPEALS.
(a) Administrative appeals may be filed as fol-
lows:
(1) General Business License. Revocation or
denial of a general business license issued pursuant to
Chapter 5.02 BMC may be appealed as provided in
BMC 5.02.180.
(2) Penalties, Director’s Decision and Find-
ings of an Inspection. The assessment of penalties pur-
suant to BMC 5.06.070, a decision of the Director
pursuant to BMC 5.06.050(b) and the findings of an
inspection performed by a qualified inspector pursuant
to BMC 5.06.040(c) ("administrative determination")
may be appealed using the appellate procedures set forth
in this section.
(b) Any applicant or licensee may, within fourteen
(14) calendar days from the date notice of the adminis-
trative determination was mailed to the applicant or
licensee, appeal such administrative determination by
filing a written notice of appeal setting forth the grounds
thereof with the Administrative Hearing Examiner pur-
suant to Chapter 2.13 BMC. A filing fee as set forth in
Chapter 3.01 BMC, Community Development - Rate
Table C, shall be submitted with the appeal. The 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
(Revised 6/15)5.06-4
Examiner shall, after appropriate findings of fact, and
conclusions of law, affirm, modify, or overrule the
denial or revocation and order issuance or reinstatement
of the license, and may impose any terms thereupon.
(c) No administrative determination issued pursu-
ant to the provisions of this chapter shall take effect until
fourteen (14) calendar days after service of the notice
thereof by the Director, and if the appeal is timely filed,
the administrative determination shall be stayed pend-
ing final action by the Administrative Hearing Exam-
iner.
(d) The decision of the Administrative Hearing
Examiner shall be final. The applicant or licensee 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 deci-
sion. If review is sought as herein prescribed the admin-
istrative determination shall be stayed pending final
action by the Superior Court. (Ord. 5269 §1 (part), 2015:
Ord. 5221 §1 (part), 2013)
5.06.070 VIOLATIONS AND
ENFORCEMENT.
Violations of this chapter constitute a public nui-
sance and may be enforced, in addition to the provisions
of this chapter, pursuant to the Building Code; the Fire
Code; Chapter 9.92 BMC, Chronic Nuisance Properties;
BMC Title 6, Health and Sanitation; and/or any other
applicable City code or state law. In the event of a vio-
lation of the provisions of this chapter, the City may take
the following action:
(a) Remedies. If the City finds that any landlord
fails to register a rental dwelling unit as required herein
or file the required certificate of inspection as applicable
and/or violates any other provision of this chapter, the
City may take any one (1) or more of the following
actions to remedy the violation:
(1) Impose a civil penalty as set forth in Chap-
ter 3.01 BMC, Community Development - Rate Table
C; and/or
(2) Revoke or deny the general business
license issued pursuant to Chapter 5.02 BMC as autho-
rized in BMC 5.02.180.
(b) Code Enforcement. In addition to the remedies
set forth in subsection (a) of this section, any violation
of any provision of this chapter constitutes a civil viola-
tion under Chapter 1.04 BMC for which a monetary
penalty may be assessed and abatement and/or enforce-
ment may be required as provided therein. (Ord. 5269
§1 (part), 2015: Ord. 5221 §1 (part), 2013)
(Revised 6/15)
Title 11
STREETS AND RIGHTS-OF-WAY
Chapters:
11.01 GENERAL PROVISIONS FOR
TELECOMMUNICATIONS SYSTEMS
11.02 RIGHT-OF-WAY USE
11.03 SPECIAL RULES APPLICABLE TO
TELECOMMUNICATIONS FACILITIES AND
TELECOMMUNICATIONS SERVICE
PROVIDERS
11.04 LOCAL IMPROVEMENT DISTRICTS
11.05 PRIVATE COMMUNICATIONS FACILITIES
11.06 MISCELLANEOUS PROVISIONS FOR
TELECOMMUNICATIONS SYSTEMS
11.08 SIDEWALK AND STREET FRONTAGE
11.12 TRANSPORTATION DEVELOPMENT CODE
11.15 ON STREET PAID PARKING
11.18 ADDRESSING
11.20 VACATION OF PUBLIC RIGHTS-OF-WAY
11.25 TRANSPORTATION BENEFIT DISTRICT
11.08-1 (Revised 6/15)
Chapter 11.08
SIDEWALK AND STREET FRONTAGE
Sections:
11.08.010 PURPOSE.
11.08.020 RESPONSIBILITIES.
11.08.030 SIDEWALK AND STREET
FRONTAGE MAINTENANCE
STANDARDS.
11.08.040 ENFORCEMENT - NOTICE OF
VIOLATION.
11.08.050 PERMIT REQUIRED -
APPLICATION - ASSESSMENT
- LIEN.
11.08.060 DRIVEWAYS.
11.08.070 CONSTRUCTION,
RECONSTRUCTION AND
REPAIR - RESOLUTION OF
NECESSITY - LIABILITY OF
ABUTTING PROPERTY.
11.08.080 ASSESSMENT OF LIENS.
11.08.090 SIDEWALK ABATEMENT
FUND CREATED.
11.08.100 COSTS.
11.08.110 VIOLATION - PENALTY.
11.08.010 PURPOSE.
This chapter further defines the requirements and
procedures to maintain sidewalks and other street front-
age improvements as outlined in Chapters 35.68 and
35.69 RCW, said chapters incorporated herein by refer-
ence as adopted and hereinafter amended. (Ord. 5276 §3
(part), 2015)
11.08.020 RESPONSIBILITIES.
Street frontage must be maintained in accordance
with City standards. Permits may be required to under-
take the work required in this chapter. (Ord. 5276 §3
(part), 2015)
11.08.030 SIDEWALK AND STREET
FRONTAGE MAINTENANCE
STANDARDS.
(a) It shall be the duty of every owner or lessee of
property abutting on public right-of-way to keep side-
walks free of snow, ice, obstruction or other objection-
able thing. It shall be unlawful for the owner or lessee
occupying or having charge or control of any premises
abutting upon any public street, right-of-way, or alley,
or beneath such public sidewalk area in the City to con-
struct, place, cause, create, maintain, or permit to remain
upon any sidewalk any condition, structure, or object
dangerous or hazardous to the use of said sidewalk by
the members of the general public including, but not
limited to, the following conditions:
(1) Defective sidewalk surfaces including, but
not limited to, broken or cracked cement, stub-toes,
depressions within or between sidewalk joints;
(2) Defective cement surfaces placed adjacent
to the public sidewalk or defects at the juncture between
said cement surfaces and said public sidewalks, includ-
ing stub-toes or depressions at said junction;
(3) Defects in sidewalks or public ways
caused or contributed to by the roots of trees or similar
growth or vegetation located either on private adjoining
property or on the parking strip portion of any such
street right-of-way;
(4) Defective conditions caused by tree limbs,
foliage, brush or grass on or extending over such public
sidewalks or rights-of-way;
(5) Defective conditions on the planting strip;
(6) Defects resulting from accumulation of
ice and snow on public sidewalks or on the right-of-way
between the curb line or, if there is no curb line, then
between the adjacent edge of the traveled portion of the
street roadway and the abutting property line;
(7) Defects consisting of foreign matter on the
public sidewalks including, but not limited to, gravel,
oil, grease, or any other foreign subject matter that
causes pedestrians using said sidewalk to fall, stumble
or slip by reason of the existence of such foreign matter;
(8) Defective handrails or fences or other sim-
ilar structures within or immediately adjacent to said
right-of-way;
(9) Sidewalks in violation of current ADA
accessibility guidelines; and/or
(10)Missing sections of sidewalk be con-
structed. Where a portion of any street is missing side-
walk along the frontage of multiple or single abutting
properties, it shall be the duty of the abutting property
owner to complete the sidewalk, curb and gutter.
(b) The term "person occupying property" shall
mean owners or lessees who occupy or are entitled to
occupy and make general use of property.
(1) In the case of apartment houses, rooming
houses, courts, and similar buildings, the term "person
occupying property" shall mean that person or persons
owning or in control and management of the building on
the property.
(2) In the case of office buildings, duplexes
and other property occupied by more than one (1) per-
son, firm or family and not included in subsection (b)(1)
of this section, the term "person occupying property"
shall mean each of the owners or occupants of such
building whose premises are on the sidewalk level and
they shall be responsible for so much of the sidewalk as
is adjacent to their premises. (Ord. 5276 §3 (part), 2015)
(Revised 6/15)11.08-2
11.08.040 ENFORCEMENT - NOTICE OF
VIOLATION.
(a) Upon finding that an owner or lessee is main-
taining a condition prohibited in this chapter, the City
Code Enforcement Officer or City Engineer may order
the repair, reconstruction, replacement, cleaning,
removal, or remedy of the condition or obstruction.
(b) Enforcement pursuant to Chapter 1.04 BMC
may be used in lieu of or in conjunction with the provi-
sions of this chapter.
(c) Notice of the violation and required corrective
action shall be sent to the legal owner of the abutting
property, pursuant to BMC 1.04.040 or RCW 35.68.030
or 35.69.030, as applicable, to repair or replace the side-
walk or curb, and/or related appurtenances. (Ord. 5276
§3 (part), 2015)
11.08.050 PERMIT REQUIRED -
APPLICATION - ASSESSMENT -
LIEN.
(a) Upon notification, the owner, agent, or lessee
shall obtain a permit from the City to correct the side-
walk deficiency. No person, firm or corporation shall
construct or reconstruct any curb, sidewalk or driveway
on public rights-of-way without first obtaining a permit
from the City. After sixty (60) calendar days, if the
owner, agent, or lessee has not applied for a permit to
correct the sidewalk deficiency, the City Council may,
following a public hearing, assess a lien on the property
for the expense of correcting the deficiency pursuant to
BMC 11.08.080.
(b) In the event the owner, agent, or lessee obtains
a permit within the time prescribed above, but the cor-
rections are not completed within two hundred forty
(240) calendar days of receiving the permit, the City
Council may, following a public hearing, assess a lien
on the property for the expense of correcting the defi-
ciency. (Ord. 5276 §3 (part), 2015)
11.08.060 DRIVEWAYS.
(a) Upon receipt of an application and payment of
all fees, the City may issue a permit to construct a drive-
way meeting City standards. The City Engineer may
revoke any driveway permit or require a modification of
any driveway if:
(1) The area occupied by the driveway is
needed for the public convenience;
(2) Continued operation of the driveway
interferes with the safe and orderly flow of pedestrians,
bicycles or vehicular traffic;
(3) The abutting owner has failed to comply
with all specifications and conditions of the permit;
(4) The driveway does not access legal park-
ing and maneuvering space on abutting property; or
(5) The driveway does not meet current ADA
accessibility guidelines.
(b) Within sixty (60) calendar days of written
notice from the City Engineer to close or modify a drive-
way, the abutting property owner shall obtain any
required permits and make the corrections. It the abut-
ting owner fails to make the required corrections within
sixty (60) calendar days, the City may perform the
required work at the expense of the abutting owner and
assessment made as provided in this chapter. (Ord. 5276
§3 (part), 2015)
11.08.070 CONSTRUCTION,
RECONSTRUCTION AND REPAIR
- RESOLUTION OF NECESSITY -
LIABILITY OF ABUTTING
PROPERTY.
(a) Whenever a portion of any street in any city is
not improved by the construction of a sidewalk thereon,
or the sidewalk thereon has become unfit or unsafe for
purposes of public travel and the City Council by reso-
lution, pursuant to Chapter 35.68 or 35.69 RCW as
applicable, finds that the improvement of such portion
of such street by the construction or reconstruction of a
sidewalk thereon is necessary for the public safety and
convenience, the duty, burden, and expense of con-
structing or reconstructing such sidewalk shall devolve
upon the property directly abutting upon such portion
except as provided in subsections (b) and (c) of this sec-
tion pursuant to RCW 35.69.020.
(b) An abutting property shall not be charged with
any costs of construction or reconstruction under this
chapter in excess of fifty (50) percent of the valuation of
such abutting property, exclusive of improvements
thereon, according to the valuation last placed upon it
for purposes of general taxation.
(c) An abutting property shall not be charged with
any costs of construction or reconstruction under this
chapter if the construction or reconstruction is required
to correct deterioration of or damage to the sidewalk that
is the direct result of actions by the City or its agents or
to correct deterioration of or damage to the sidewalk that
is the direct result of the failure of the City to enforce its
ordinances. (Ord. 5276 §3 (part), 2015)
11.08.080 ASSESSMENT OF LIENS.
The City Council may, following a public hearing,
assess a lien on the property for the cost and expense of
construction, reconstruction, and/or correcting the defi-
ciency as authorized and pursuant to Chapter 35.68 or
35.69 RCW as applicable. (Ord. 5276 §3 (part), 2015)
11.08.090 SIDEWALK ABATEMENT FUND
CREATED.
The sidewalk abatement fund is hereby created.
The sidewalk abatement fund shall receive revenue
11.08-3 (Revised 6/15)
from proceeds of lien settlements as outlined in BMC
11.08.080, and other revenue. All funds deposited into
the sidewalk abatement fund shall be used solely for
correcting deficiencies in sidewalks and driveways.
(Ord. 5276 §3 (part), 2015)
11.08.100 COSTS.
Whenever any construction, reconstruction or
repair of any sidewalks, gutters or curbs along or drive-
ways across sidewalks is to be done, the costs of the
same may be paid for by:
(1) The abutting owner may construct the correc-
tion or improvement at his/her own cost or expense
using a private contractor after obtaining a City permit;
(2) The abutting owner may request the City con-
struct the correction or improvement and reimburse the
City directly; or
(3) The City may construct the improvement and
assess the costs thereof against the abutting property
owner. (Ord. 5276 §3 (part), 2015)
11.08.110 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 and/or enforcement may be required as provided
therein.
(b) In addition to or as an alternative to any other
penalty provided in this chapter or by law, any person
who violates any provision of this chapter shall be guilty
of a misdemeanor pursuant to Chapter 1.12 BMC. Each
day, or a portion thereof, during which a violation
occurs shall constitute a separate violation. (Ord. 5276
§3 (part), 2015)
13.04-1 (Revised 6/15)
Chapter 13.04
PARK CODE
Sections:
13.04.010 TITLE.
13.04.020 DEFINITIONS.
13.04.030 SIGNS, BILLBOARDS, ETC.
13.04.040 DESTROYING PARK
PROPERTY.
13.04.050 ANIMALS AT LARGE.
13.04.060 DISCHARGING FIREARMS OR
EXPLOSIVES.
13.04.070 TREATMENT OF ANIMALS
AND BIRDS.
13.04.080 SOLICITING AND PEDDLING.
13.04.100 RIDING MOTOR VEHICLES,
NON-MOTORIZED VEHICLES
AND HORSES.
13.04.110 GAMES AND SPORTS.
13.04.120 POLLUTING WATERS.
13.04.130 FIRES.
13.04.140 LIQUOR.
13.04.150 HOURS.
13.04.160 NONCOMPLIANCE -
EJECTION FROM PARK.
13.04.170 PROCEEDING AGAINST
VIOLATORS.
13.04.180 PENALTY FOR VIOLATIONS.
13.04.010 TITLE.
This chapter shall be known and may be cited as the
park code of the city of Bremerton. (Ord. 2191 §101,
1956)
13.04.020 DEFINITIONS.
The following terms, phrases, words and their deri-
vations will have the meaning given herein, unless
inconsistent with the context. Words using the present
tense include the future. Words in the plural number
include the singular number, and words in the singular
number include the plural number. The word "shall" is
always mandatory and not merely directive:
(1) "Superintendent" is the person immediately in
charge of all park areas and their activities, and to whom
all park attendants of any area are responsible.
(2) "Park" is a park, playground, beach, recreation
center, or any other area in the city owned or used by the
city and devoted to active or passive recreation.
(3) "Person" is any person, firm, partnership, asso-
ciation, corporation, company or organization of any
kind. (Ord. 2191 §102, 1956)
13.04.030 SIGNS, BILLBOARDS, ETC.
It is unlawful to use, place or erect any signboard,
sign, billboard, bulletin board, post, pole or device of
any kind for advertising in any park; or to attach any
notice, bill, poster, sign, wire, rod or cord to any tree,
shrub, railing, post or structure within any park; or with-
out the written consent of the superintendent, to place or
erect in any park, a structure of any kind; provided, that
the superintendent may permit the erection of temporary
directional signs or decorations on occasions of public
celebration and picnics. (Ord. 2191 §103, 1956)
13.04.040 DESTROYING PARK PROPERTY.
It is unlawful to remove, destroy, mutilate or deface
any structure, monument, statue, vase, fountain, wall,
fence, railing, vehicle, bench, shrub, tree, fern, plant,
flower, lighting system, or sprinkling system or other
property lawfully in any park. (Ord. 2191 §104, 1956)
13.04.050 ANIMALS AT LARGE.
It is unlawful to allow or permit any animal to run
at large in any park, or enter any lake, pond, fountain or
stream therein, except that unleashed dogs are allowed
in designated dog park areas within the City of Bremer-
ton park system. (Ord. 4952 §3, 2005: Ord. 2191 §105,
1956)
13.04.060 DISCHARGING FIREARMS OR
EXPLOSIVES.
It is unlawful to shoot, fire or explode any firearm,
fireworks, firecracker, torpedo or explosive of any kind
or to shoot or fire any air gun, bows and arrows, BB gun
or use any slingshot in any park, except the superinten-
dent may authorize archery, and the firing of small bore
arms and fireworks at designated times and places suit-
able for their use. (Ord. 5067 §1, 2008: Ord. 2191 §106,
1956)
13.04.070 TREATMENT OF ANIMALS AND
BIRDS.
It is unlawful in any manner to tease, annoy, dis-
turb, molest, catch, injure or kill or to throw any stone or
missile of any kind at or strike with any stick or weapon
any animal, bird or fowl. (Ord. 2191 §107, 1956)
13.04.080 SOLICITING AND PEDDLING.
No person shall solicit alms or contributions for any
purpose, whether public or private, nor expose or offer
for sale any article or thing, nor shall any person station
or place any stand, cart or vehicle for the transportation,
sale or display of any such article or thing, except the
licensed concessionaire acting by and under the author-
ity of the superintendent. (Ord. 2191 §108, 1956)
(Revised 6/15)13.04-2
13.04.100 RIDING MOTOR VEHICLES, NON-
MOTORIZED VEHICLES AND
HORSES.
(a) It is unlawful to ride or drive any bicycle, tricy-
cle, skateboard, horse or pony over or through any park
except within and upon the park drives, parkway, park
boulevards and bicycle paths designated for such use, or
at a speed in excess of fifteen (15) miles per hour, except
as otherwise authorized by the Director of Parks and
Recreation.
(b) It is unlawful to park, ride or drive any motor-
cycle or motor vehicle upon, over or through any park
except within and upon park drives, parkways, park
boulevards, rights-of-way or parking lots located within
a park and designated for such use, except as otherwise
authorized by the Director of Parks and Recreation.
(Ord. 4915 §3, 2004; Ord. 4267 §1, 1990; Ord. 2191
§110, 1956)
13.04.110 GAMES AND SPORTS.
It is unlawful to practice or play golf, baseball,
cricket, lacrosse, polo, archery, hockey, tennis, badmin-
ton, or other games of like character or to hurl or propel
any airborne or other missile except at places set apart
for such purposes by the superintendent. (Ord. 2191
§111, 1956)
13.04.120 POLLUTING WATERS.
No person in a park shall throw, discharge, or oth-
erwise place or cause to be placed in the waters of any
fountain, pond, bay or other body of water in or adjacent
to any park or storm sewer, or drain flowing into such
waters, any substance, matter or thing, liquid or solid,
which will or may result in the pollution of the waters.
No person in a park shall have brought in or shall dump,
deposit, or leave any bottles, broken glass, ashes, paper,
boxes, cans, dirt, rubbish, waste, garbage, or refuse, or
other trash. No such refuse or trash shall be placed in
any waters in or contiguous to any park, or left any-
where on the grounds thereof, but shall be placed in the
proper receptacles where they are provided; where
receptacles are not so provided, all such rubbish or
waste shall be carried away from the park by the person
responsible for its presence, and properly disposed of
elsewhere. (Ord. 2191 §112, 1956)
13.04.130 FIRES.
It is unlawful to build any fires in any park except
in areas designated by the superintendent. (Ord. 2191
§113, 1956)
13.04.140 LIQUOR.
It is unlawful to serve or consume, within any City
park, any liquor as defined in RCW 66.04.010(25), as
enacted and hereinafter amended, except the service and
consumption of liquor is authorized in the following cir-
cumstances:
(a) Harborside Fountain Park and Louis Mentor
Boardwalk. Within the boundaries of the Harborside
Fountain Park and the Louis Mentor Boardwalk when:
(1) Permitted by the Washington State Liquor
Control Board; and
(2) Such service of liquor is administered by
the operator of the Kitsap Conference Center at Bremer-
ton Harborside; or
(3) The service of liquor is administered
during an event or activity which is: (i) licensed by the
City as a special event pursuant to Chapter 5.36 BMC,
or (ii) pursuant to a license agreement approved by City
Council, and (iii) such service and consumption of
liquor is limited to beer and wine.
(b) Pendergast Regional Park - Indoor Soccer Cen-
ter. Within the mezzanine food service area of the
Olympic Soccer and Sports Center ("Indoor Soccer
Center") located within Pendergast Regional Park
when:
(1) Permitted by the Washington State Liquor
Control Board;
(2) Such service of liquor is administered by
the operator of the Indoor Soccer Center; and
(3) Such service and consumption is limited
to beer and wine.
(c) Eastpark - Bremerton Ice Arena. Within the
building of the Bremerton Ice Arena facility ("Ice
Arena") located within Eastpark when:
(1) Permitted by the Washington State Liquor
Control Board;
(2) Such service of liquor is administered by
the operator of the Ice Arena;
(3) Such service and consumption is limited
to beer and wine;
(4) Such service and consumption, when in
the viewing stands area, is limited to private functions,
not public events; however, service and consumption of
liquor are prohibited on the field of play; and
(5) Required approval has been granted by the
National Parks Service, on behalf of the Secretary of the
Interior, pursuant to the deed conveying the property to
the City.
(d) Evergreen Rotary Park. Sampling of beer and
wine and sales of beer and wine within the boundaries
of a farmer’s market licensed or permitted area located
within Evergreen Rotary Park when:
(1) Permitted by the Washington State Liquor
Control Board;
(2) Authorized by the City Council upon
terms and conditions as established by the City Council;
and
13.04-3 (Revised 6/15)
(3) Such services comply with the require-
ments of RCW 66.24.170, 66.24.175, 66.24.240, and
66.24.244 and other related statutory or regulatory
requirements, as currently enacted or hereinafter
amended; and
(4) The sampling area is located within a
forty-eight (48) inch high barrier or other designated
booth or stall, the location and aesthetics of which are
subject to approval by the Director of Parks and Recre-
ation.
For purposes of this section, the authorized service
and consumption of liquor includes any related sale of
liquor. (Ord. 5274 §1, 2015: Ord. 5183 §1, 2012: Ord.
5166 §1, 2011: Ord. 5060 §1, 2008: Ord. 5005 §3, 2007:
Ord. 2191 §114, 1956)
13.04.150 HOURS.
Except for unusual and unforeseen emergencies,
parks shall be open to the public every day of the year
during designated hours. The opening and closing hours
for each individual park shall be posted therein for pub-
lic information. Any section or part of any park may be
declared closed to the public by the superintendent at
any time and for any interval of time, either temporarily
or at regular and intervals (daily or otherwise) and either
entirely or merely to certain uses, as the superintendent
shall find reasonably necessary. (Ord. 2191 §115, 1956)
13.04.160 NONCOMPLIANCE - EJECTION
FROM PARK.
It is unlawful to violate or fail to comply with any
park rule or regulation duly posted by the superinten-
dent, and the superintendent or any park attendant shall
have the authority to eject from a park, any person act-
ing in violation of this chapter. (Ord. 2191 §116, 1956)
13.04.170 PROCEEDING AGAINST
VIOLATORS.
Anyone concerned in the violation of this chapter,
whether directly or indirectly committing the thing that
constitutes the offense, or who aids or abets the same,
and whether present or absent; and anyone who directly
or indirectly counsels, encourages, hires, commands,
induces, or otherwise procures another to commit such
offense, is and shall be a principal under the terms of this
chapter and shall be proceeded against and prosecuted
as such. (Ord. 2191 §117, 1956)
13.04.180 PENALTY FOR VIOLATIONS.
Violation of or failure to comply with the provi-
sions of this chapter shall constitute a misdemeanor and,
upon conviction thereof, be subject to the provisions of
Chapter 1.12 BMC. (Ord. 4733, Reaffirmed,
11/30/2000; Ord. 4680, Amended, 12/17/1999; Ord.
2191 §118, 1956)
15.02-3 (Revised 6/15)
Bremerton Municipal Code 15.02.130
connection shall have its own service line and meter.
Installation shall be at the expense of the property
owner.
(b) Whenever an applicant requests and receives
water service to a premises that does not front a main, a
main shall be installed as a prerequisite to connect to the
water system.
(c) To service property which does not abut on a
public right-of-way in which there is a water main, the
Department may install a connection to the most appro-
priate main. This connection shall be perpendicular to
the main to the right-of-way line, and installed within
the right-of-way not to exceed forty (40) feet from the
main, and permit connection therewith by the owner at
the property owner’s expense.
(d) Every parcel under separate ownership con-
nected to the water system shall be required to install a
separate service connection to the water main, and the
premises so supplied will not be allowed to supply water
to any other premises or parcel. However, these restric-
tions shall not apply to existing services unless improve-
ments are done to the parcel and the separate service and
meter can be installed for twenty-five percent (25%) or
less than the total improvement cost of the project or, in
the judgment of the Director, such existing connection
should be discontinued.
(e) When a single parcel of land having more than
one (1) residential structure served by a single water
meter is subdivided, the installation of new water ser-
vice(s) shall be required for the structures on the newly
established lots. The expense for installation of the new
service(s) will be to the owner that subdivided the prop-
erty, and application for the service(s) will be filed prior
to the approval of subdivision. The new service(s) will
be subject to all fees including general facility charges.
(f) When an existing structure is removed and a
new structure is constructed on the same property or
parcel, a new utility service agreement is required. Any
existing water service line that does not meet current
Engineering Design and Construction Standards and
requirements shall be flow tested and approved by the
Director for reuse. Any existing water service line deter-
mined to be substandard must be replaced as directed by
the Director at the owner’s expense.
(g) In new and pre-existing water service connec-
tions where one (1) water service serves more than one
(1) premises, each and every building or trailer, when
connected to one (1) meter, must be provided with a sep-
arate shut-off valve. Shut-off valves shall be located so
that each may be closed without disrupting water service
to the remaining units. Each separate water service not
already equipped with a shut-off valve as provided
herein must install shut-off valves, at the owner’s
expense, within ninety (90) days of notice of defect.
Failure to provide such valve, or to shut off the water at
such unit when unoccupied, will be considered suffi-
cient reason to deny any adjustment in the water bill in
the event of leakage due to these causes.
(h) The Department may require or allow addi-
tional service connections when such additional service
connections are in the best interest of the utility. (Ord.
5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994;
Ord. 4309 §2 (in part), 1991)
15.02.110 CONNECTION SIZE.
The size of each water service and tap shall be
determined in accordance with the latest version of the
Uniform Plumbing Code and the Fire Safety Code.
(Ord. 5250 §1 (in part), 2014: Ord. 4309 §2 (in part),
1991)
15.02.120 METERS.
All meters shall be and remain the property of the
City and will not be removed unless the use of water on
the premises is discontinued, abandoned, or otherwise
removed by the City. All meters shall be sized as deter-
mined in accordance with the latest version of the Uni-
form Plumbing Code and the Fire Safety Code. (Ord.
5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994;
Ord. 4309 §2 (in part), 1991)
15.02.130 BACKFLOW/CROSS-
CONNECTION CONTROL AND
INSPECTION.
Service from the water system may be contingent
upon the installation of an approved backflow preven-
tion device for the protection of the water system from
backflow.
The Department shall require the testing and
inspection of all cross-connection control devices
within its system to prevent contamination of the City
water system. The Department shall annually notify all
property owners of this requirement. It shall be the
responsibility of the property owner to provide for test-
ing and inspection by a Washington State certified back-
flow assembly tester and to submit to the Department a
written backflow assembly test report form of satisfac-
tory completion of the testing and inspection within
thirty (30) days of being notified.
In the event the Department does not receive a sat-
isfactory test report within thirty (30) days, the Depart-
ment will contact a certified tester to test the assembly,
and the cost of the test and any necessary repairs will be
added to the customer’s next utility bill. The customer
may be assessed additional charges to their bill to cover
costs for time, expenses and other related costs incurred
by the City if reasonable access is not granted to the tes-
ter to test the assembly.
The Department shall inspect cross-connection
control devices, subject to a service fee.
Any cross-connection, without the appropriate con-
trol device, now in existence or hereafter discovered or
(Revised 6/15)15.02-4
15.02.140
installed, shall be declared a prohibited act and shall be
enforced accordingly. The control or elimination of
cross-connections shall be in accordance with WAC
246-290-490. Water service shall be discontinued to any
premises for failure to comply with the provisions of
this portion of the code. (Ord. 5275 §1, 2015: Ord. 5250
§1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord.
4309 §2 (in part), 1991)
15.02.140 WATER SYSTEM OPERATION
AND MAINTENANCE - GENERAL.
The Department shall be responsible for the opera-
tion, maintenance and repair of the water system under
its jurisdiction and located within the public right-of-
way, dedicated utility easements, and utility-owned
property. The Department shall not be responsible for
servicing private systems beyond its meters, or for pub-
lic systems purchasing water under a wholesale contract
unless otherwise agreed.
When maintenance, repair, or replacement of the
water system is required due to user activity resulting in
unsafe, nonconforming, or unauthorized conditions as
set forth in this section, any expense incurred by the City
to abate such conditions shall be the responsibility of the
owner(s), in accordance with the current assessments,
rates, fees, and charges set forth in Chapter 15.06 BMC,
including any related cost and cost of collection. (Ord.
5250 §1 (in part), 2014: Ord. 4454 §1 (in part), 1994;
Ord. 4309 §2 (in part), 1991)
15.02.145 PROHIBITING FLUORIDATION.
The water system of the City of Bremerton shall not
be artificially fluoridated; i.e., that fluoride in any chem-
ical form shall not be added, now or in the future, unless
so ordained by a majority of the voters in an open elec-
tion. (Ord. 5250 §1 (in part), 2014: Ord. 4647, Added,
02/22/1999)
15.02.150 INTERRUPTION OF SERVICE -
EMERGENCY.
The Department may restrict the use of the water
system through regulation or control of the use when-
ever an emergency exists affecting the water system, or
for the purpose of making repairs, extensions, or any
other necessary work. Whenever reasonable, and in
cases where it has advance knowledge, the Department
will make a reasonable attempt to provide notice of such
emergency using appropriate methods of communica-
tion, setting forth any limitations on the use of the water
system that may be deemed necessary for public health
and safety.
The City shall not be held responsible for any dam-
age to private property resulting from interruption, fail-
ure of the water system, or failure of the property owner
to comply with the provisions of this code. (Ord. 5250
§1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord.
4309 §2 (in part), 1991)
15.02.155 WATER SHORTAGE RESPONSE.
It is in the public interest for the City to be prepared
with an appropriate response in the event of a water
shortage situation to protect the health, welfare, and
safety of its users.
(a) Authority. The Director shall have the author-
ity to declare various stages of water emergencies and to
implement the provisions of the Bremerton water short-
age contingency plan. The stages of this plan are advi-
sory, voluntary, mandatory restrictions, and emergency
curtailment.
(b) Mandatory Water Restrictions. If mandatory
water restrictions are declared, the Director shall issue a
public notification of the nature of the restrictions. (Ord.
5250 §1 (in part), 2014)
15.02.160 ABATEMENT OF
NONCONFORMING,
UNAUTHORIZED OR UNSAFE
CONDITIONS.
The City shall be responsible for the integrity,
safety, and continuity of the water system. As a condi-
tion of the utility service agreement the property owner
shall grant the Department the authority to make inspec-
tions at any reasonable time if the Department or other
appropriate agency has reasonable cause to believe there
exists on premises a nonconforming, unauthorized, or
unsafe condition or to verify no such condition exists.
The Director may enter onto such property to inspect the
condition or to perform any duties imposed upon the
Department by this code, provided the Department shall
first make reasonable efforts to contact the owner or per-
son responsible for such property.
The City shall have recourse to every remedy pro-
vided by law to secure entry and abate the condition.
Such remedy may include, but not be limited to, secur-
ing property owner correction; revocation, suspension,
or discontinuation of service, permits, or authorizations;
removal, reconstruction, replacement, or alteration of
unauthorized condition; or all other powers and reme-
dies which may be available under law, this code, and
regulations and procedures adopted hereunder. Any
expense incurred by the water utility to abate such con-
dition shall be the responsibility of the owner(s), in
accordance to the current assessments, rates, fees, and
charges set forth in Chapter 15.06 BMC, including any
cost in collection. (Ord. 5250 §1 (in part), 2014: Ord.
4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991)
15.02-5 (Revised 6/15)
Bremerton Municipal Code 15.02.220
15.02.180 METER OPERATION AND
MAINTENANCE.
The Department shall be responsible for all domes-
tic and commercial meters under its jurisdiction.
Where the accuracy of the reading of a water meter
is questioned, the meter shall be removed at the cus-
tomer’s request and tested. The test may be performed
in the owner’s presence if requested. A written test
report will be made. If the test discloses an over registra-
tion error by more than three percent (3%) in the meter
registry, the excess of the consumption on the three (3)
previous readings shall be credited to the customer’s
utility account. In the event that the meter is found to be
under registering by more than three percent (3%) in the
meter registry, the average loss of consumption of the
previous three (3) readings shall be billed to the cus-
tomer’s utility account. For meter tests in excess of one
(1) within a twelve (12) month period, the customer
shall pay for each additional test. (Ord. 5250 §1 (in
part), 2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2
(in part), 1991)
15.02.190 EXCESSIVE CONSUMPTION.
When excessive consumption periodically over-
loads the capacity of a meter supplying service to any
premises, the Director shall determine the size of the
service pipe from the main and the size of the meter nec-
essary to give proper service without damage to the
meter and shall notify the property owner of the require-
ment for replacement. The replacement of service con-
nection shall be at the expense of the property owner.
Failure on the part of the property owner to comply with
the requirement within thirty (30) days shall be cause for
the termination of water service until such requirement
has been met. (Ord. 5250 §1 (in part), 2014: Ord. 4309
§2 (in part), 1991)
15.02.200 WASTE.
Any person or owner receiving water service shall
not waste water, or allow it to be wasted, by imperfect
or leaking stops, valves, pipes, closets, faucets, or other
fixtures, or to use the water for purposes other than those
named in the application. Violation shall constitute
grounds for the discontinuation of water service. A dis-
continuance of water service notice will be sent to the
customer giving them ten (10) days from the date of the
notice to correct the problem or the service will be ter-
minated. (Ord. 5250 §1 (in part), 2014: Ord. 4309 §2 (in
part), 1991)
15.02.210 PROHIBITED ACTS.
It shall be unlawful for any person to violate the fol-
lowing:
(a) Tampering. It shall be unlawful for any person,
unless duly authorized by the Department, to disturb,
repair, interfere with, or damage any water source, water
main, pipe, machinery, tools, meters, hydrant, or any
building, improvement, or other appurtenances belong-
ing to, connected with, or under the control of the
Department.
(b) Contamination. It shall be unlawful for any
person to contaminate, bathe in, or fish in any water sys-
tem of the City.
(c) Water Use During Emergency. It shall be
unlawful for any person receiving water from the City to
knowingly use water for lawn or garden sprinkling and
irrigation purposes on any premises during the progress
of a fire or any other emergency condition after notice
of such restriction.
(d) Obstructing Water Meter or Hydrant. It shall
be unlawful for any person to obstruct the access to any
water meter or hydrant by placing around or thereon any
stones, bricks, lumber, dirt, or other materials; parking
or standing vehicles, constructing fences, planting
shrubs, or any other obstruction within five (5) feet of
any water meter or hydrant.
(e) Connection to Unauthorized System. It shall be
unlawful to connect the water system to any premises or
use not authorized through a service application. This
includes connecting an adjoining property or building
with a garden hose or some other means to bypass the
purchase of a meter or service for that property.
(f) Trespass in Closed Watershed. It shall be
unlawful for any person to enter or remain on City prop-
erties posted as restricted property and facility lands
without authorization by the Mayor or the Director.
(Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in part),
1994; Ord. 4309 §2 (in part), 1991)
15.02.220 VIOLATION - PENALTY.
(a) Any violation of any provision of this chapter
constitutes a civil violation under Chapter 1.04 BMC for
which monetary penalty may be assessed and abatement
may be required as provided therein.
(b) In addition to or as an alternative to any other
penalty provided in this chapter or by law, any person
who violates any provision of this chapter shall be guilty
of a misdemeanor pursuant to BMC 1.12.020(2). (Ord.
5250 §1 (in part), 2014)
Tables-1 (Revised 6/15)
Ordinance Table
Information on the disposition of ordinances prior to 4848 can be found in the office of the city clerk.
Number Subject
4848 Recodifies Chapter 5.50 as Chapter 18.06, ambulance services (18.06)
4849 Amends § 21.22.240, critical lands ordinance (Repealed by 4965)
4850 Repeals and replaces Chapter 9.88 and Title 9A, criminal code (9.88, 9A.04, 9A.08, 9A.12, 9A.16,
9A.20, 9A.24, 9A.28, 9A.32, 9A.36, 9A.40, 9A.44, 9A.48, 9A.52)
4851 Amends § 6.32.110, noise levels (6.32)
4852 Repeals and replaces Chapter 21.06, comprehensive plans (20.10)
4853 Council salaries (Special)
4854 Alley vacation (Special)
4855 Rezone (Special)
4856 Adds Chapter 11.12, transportation development; amends Chapter 11.08, sidewalks construction and
repair, Chapter 11.10, sidewalks, duties of abutting property owners, and § 13.10.080, trees, planting
and maintenance; and repeals and replaces § 15.01.100, utility system standards (11.12, 13.10, 15.01)
4857 Amends § 11.02.080, right-of-way use permits (11.02)
4858 Amends Chapter 21.02, Figure 152(b), zoning (Repealed by 4901)
4859 Adds Chapter 9.20, pawnbrokers and second hand dealers; amends Chapter 3.01, Rate Table A, and
Chapter 5.03, general provisions; recodifies Chapter 5.42 as Chapter 9.34, hotels and motels, and Chap-
ter 5.80 as Chapter 3.74, amusement devices; repeals Chapters 5.10, 5.12, 5.25, 5.30, 5.38, 5.46, 5.48,
5.54, 5.60, 5.76, 5.84, 5.98, and 5.99 (3.74, 5.03, 9.20, 9.34)
4860 Adds § 21.02.335, wireless telecommunications facilities (Repealed by 4950)
4861 Amends § 21.02.330, off-premises signs (Repealed by 4950)
4862 Street vacation (Special)
4863 Amends Ord. 4839, fiscal year 2003 budget (Special)
4864 Adds Chapter 2.03, mayor; repeals § 2 of Ord. 4357 (2.03)
4865 Amends Chapter 3.01, Rate Table B, and § 10.11.010, parking and enforcement; repeals Chapter 10.08,
parking zones, and Chapter 10.09, residential parking permits; repeals and replaces Chapter 10.10,
handicapped parking (Repealed by 5206)
4866 Amends Chapter 7.12, dangerous animals, and Chapter 7.14, misdemeanors, infractions, and penalties;
repeals Chapter 7.16, livestock restricted areas (7.12, 7.14)
4867 Amends Chapter 2.05, departments and directors (2.05)
4868 Adds § 2.76.550, credit/purchase card use (Repealed by 4934, 4975)
4869 Amends Chapter 3.01, Rate Table A (Repealed by 5130)
4870 Westpark housing cooperation (Special)
4871 Adds Chapter 2.74, travel authorization and expense reimbursement; repeals Ord. 3693 (Repealed by
5004)
4872 Natural gas franchise (Special)
4873 Community renewal plan (Special)
4874 Amends §§ 11.02.250, 11.02.260, 11.02.270, 11.02.280, 11.02.310, and 11.02.320, right-of-way use
(11.02)
4875 Energy franchise (Special)
4876 Tax levy (Special)
4877 Adds Chapter 2.01, elected official - PERS (2.01)
4878 Amends 2003 budget (Special)
4879 Amends § 3.82.020, commercial parking tax (3.82)
4880 Amends Chapter 3.01, Rate Tables A, B, C, D, E, F, and G; repeals Rate Table F1, §§ 3.01.090 and
3.01.095 (Repealed by 5130)
Number Subject
(Revised 6/15)Tables-2
4881 Amends § 15.06.015, Appendix A (15.06)
4882 Amends § 3.50.050, utility taxes (3.50)
4883 2004 budget; repeals Chapters 3.10, conference center fund, and 3.38, discretionary reserve fund (Spe-
cial)
4884 Street vacation (Special)
4885 Property condemnation (Special)
4886 Amends §§ 21.02.070 and 21.02.150, zoning (Repealed by 4950)
4887 Amends § 21.02.152, zoning (Repealed by 4950)
4888 Street vacation (Special)
4889 Recodifies Ch. 2.02 to Ch. 1.02, city business hours, and Ch. 2.04 to Ch. 2.02, city council (1.02, 2.02)
4890 Amends Port Blakely initial development agreement (Special)
4891 Amends § 6.32.010, noise levels (6.32)
4892 Amends § 11.08.100; repeals § 11.08.130, sidewalks - construction, reconstruction and repair (Repealed
by 5276)
4893 Repeals and replaces Ch. 2.78, real property transactions; repeals city financial policy 1-20-03 (2.78)
4894 Amends §§ 2.13.090 and 2.13.110, administrative hearing examiner (2.13)
4895 Amends Ch. 3.50 and § 3.86.170, utility taxes (3.50, 3.86)
4896 Street vacation (Special)
4897 Number not used
4898 Adds Ch. 9.32, unauthorized camping, and § 10.11.050 [10.11.005]; amends title to Ch. 10.11 and
§ 10.11.010, parking enforcement (9.32)
4899 Amends §§ 21.02.850, 21.02.855, Figure 840 and Figure 895(A), zoning (Repealed by 4950)
4900 Amends § 2.05.010; repeals Ch. 2.08 and repeals and replaces Ch. 2.09, department of financial ser-
vices (2.05, 2.09)
4901 Repeals and replaces Ch. 21.02 Appendix Figure 152(b), zoning (Repealed by 4950)
4902 Repeals § 21.02.750 (Repealer)
4903 Repeals and replaces Ch. 18.02, city fire code (18.02)
4904 Repeals and replaces Ch. 17.04, city building code (17.04)
4905 Amends § 9A.48.030, criminal impersonation (9A.48)
4906 Amends Ch. 3.01 and §§ 17.04.040 and 21.02.230, fence height and fees (17.04)
4907 Street vacation (Special)
4908 Amends Ch. 3.01, rates and fees (Repealed by 5130)
4909 Amends §§ 15.01.020, 15.01.030, 15.01.070, 15.01.090, 15.06.015, 15.06.020 and 15.06.015(a) Appen-
dix A, municipal utilities (15.01, 15.06)
4910 Amends 2004 budget (Special)
4911 Amends §§ 2.18.020 and 2.18.040, audit committee and city auditor (2.18)
4912 Street vacation (Special)
4913 Street vacation (Special)
4914 Adds § 21.22.320; amends title to Ch. 21.22 and §§ 21.22.300, 21.22.310, critical areas (Repealed by
4965)
4915 Adds Ch. 10.13; amends §§ 6.32.010(f) and 13.04.100, motorized wheeled transportation devices (6.32,
10.13, 13.04)
4916 2005 tax levy (Special)
4917 2005 comprehensive plan (Special)
4918 Amends § 3.50.050, utility taxes (3.50)
4919 Amends Ch. 3.01, rates and fees (Repealed by 5130)
4920 LTGO bond/Kitsap regional conference center (Special)
4921 Adopts 2005 budget (Special)
4922 Annexation (Special)
Number Subject
Tables-7 (Revised 6/15)
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 6/15)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 (Repealed by 5270)
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 6/15)
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)
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)
5221 Adds Ch. 5.06, rental property registration (5.06)
Number Subject
(Revised 6/15)Tables-10
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 (Repealed by 5276)
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)
5263 Amends §§ 20.52.040, 20.52.050, 20.52.060, 20.52.100 and 20.52.180, signs (20.52)
Number Subject
Tables-11 (Revised 6/15)
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)
5267 Amends 2014 budget (Special)
5268 Amends wastewater comprehensive plan (Special)
5269 Amends Ch. 5.06, rental property registration (5.06)
5270 Amends Ch. 2.32; repeals Ord. 5167, arts commission (2.32)
5271 Cascade natural gas franchise (Special)
5272 Alley vacation (Special)
5273 Adds Ch. 3.32, self-insured health and welfare reserve fund (3.32)
5274 Amends § 13.04.140, liquor in city parks (13.04)
5275 Amends § 15.02.130, backflow and cross-connection control and inspection (15.02)
5276 Repeals and replaces Ch. 11.08; repeals Ch. 11.10, sidewalk and street frontage (11.08)