HomeMy WebLinkAbout21 bremerton1215_supp21SUPPLEMENT DIRECTIONS
BREMERTON MUNICIPAL CODE
Supplement No. 21 – December 2015
New, reprinted pages included with this supplement are listed by title and page number in the right-hand
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Remove these pages Insert these pages
Title 2
Table of Contents .................................. Table of Contents
2.19-1 ....................................................................... 2.19-1
— ............................................................... 2.40-1 – 2.40-2
2.100-1 – 2.100-2 ........................................................... —
Title 3
3.36-1 ....................................................................... 3.36-1
3.50-1 – 3.50-3 .......................................... 3.50-1 – 3.50-3
Title 7
7.05-1 ....................................................................... 7.05-1
Title 9
9.48-1 – 9.48-2 .......................................... 9.48-1 – 9.48-3
Title 10
10.04-1 – 10.04-2 .................................. 10.04-1 – 10.04-2
Title 15
15.01-9 – 15.01-11 .............................. 15.01-9 – 15.01-11
15.06-1 – 15.06-6 ............................... 15.06-1 – 15.06-4/6
Tables
9 – 11 ........................................................................ 9 – 11
Please call Code Publishing Company (206-527-6831) should questions
arise while removing and replacing supplement pages.
(Revised 12/15)
Updated by: _______
Dated: ____________
(Revised 12/15)
Title 2
ADMINISTRATION AND PERSONNEL
Chapters:
2.01 ELECTED OFFICIALS - PERS
2.02 CITY COUNCIL
2.03 MAYOR
2.05 DEPARTMENTS AND DIRECTORS
2.06 OFFICE OF CITY ATTORNEY
2.09 DEPARTMENT OF FINANCIAL SERVICES
2.10 DEPARTMENT OF PUBLIC WORKS AND
UTILITIES
2.11 OFFICE OF HUMAN RESOURCES
2.12 PLANNING COMMISSION
2.13 ADMINISTRATIVE HEARING EXAMINER
2.14 INVESTMENT COMMITTEE
2.15 DEPARTMENT OF COMMUNITY
DEVELOPMENT
2.16 FIRE DEPARTMENT
2.17 PARKS AND RECREATION DEPARTMENT
2.18 AUDIT COMMITTEE AND CITY AUDITOR
2.19 POLICE DEPARTMENT
2.20 BONDS FOR OFFICERS
2.26 EMERGENCY MANAGEMENT ORGANIZATION
2.28 EQUAL EMPLOYMENT OPPORTUNITY
PROGRAM
2.30 CIVIL SERVICE
2.32 ARTS COMMISSION
2.36 DESIGN REVIEW BOARD
2.38 LODGING TAX ADVISORY COMMITTEE
2.40 PUBLIC ACCESS CITIZENS ADVISORY
COMMITTEE
2.46 EMPLOYEE AWARD PROGRAM
2.48 EMPLOYEES IN MILITARY
2.50 MANAGEMENT AND PROFESSIONAL STAFF
COMPENSATION PROGRAM
2.62 BREMERTON MUNICIPAL COURT
2.74 TRAVEL AUTHORIZATION AND EXPENSE
REIMBURSEMENT
2.76 PROCUREMENT AND DISPOSAL CODE
2.78 REAL PROPERTY TRANSACTIONS
2.82 NAMING OF PARKS AND PUBLIC FACILITIES
2.88 DISABILITY ACTION COMMITTEE
2.90 INDEMNITY OF PERSONNEL
2.92 OFFICE OF RISK MANAGEMENT
(Revised 12/15)
2.96 CODE OF ETHICS
2.98 BREMERTON RESERVE OFFICER BOARD OF
TRUSTEES
2.19-1 (Revised 12/15)
Chapter 2.19
POLICE DEPARTMENT
Sections:
2.19.010 DEPARTMENT CREATED.
2.19.020 CHIEF OF POLICE - POSITION
CREATED AND
APPOINTMENT.
2.19.030 DUTIES.
2.19.040 WARRANT OFFICERS.
2.19.010 DEPARTMENT CREATED.
There is hereby created the City Police Department.
The department shall be supervised by the Chief of
Police who shall serve as its director, who shall have
complete charge of all of the work of the department,
and who shall be responsible for hiring and supervising
employees of the department. (Ord. 4810, Added,
09/14/2002)
2.19.020 CHIEF OF POLICE - POSITION
CREATED AND APPOINTMENT.
There is hereby created the position known as Chief
of Police. With the exception of the incumbent Chief of
Police occupying the position on the effective date of
the ordinance creating this exemption1, the position of
Chief of Police shall be exempt from and shall not be a
classified position under the City’s Civil Service Sys-
tem. The Chief of Police shall be appointed by the
Mayor, subject to confirmation by the City Council, on
the basis of professional experience, education and
demonstrated knowledge of accepted practices relating
to the duties of the department. All appointees to the
position of Chief of Police are terminable at will by the
Mayor except for the incumbent Chief of Police who
shall be subject to the City’s Civil Service rules and reg-
ulations relating to demotion and termination. (Ord.
5190 §3, 2012: Ord. 4810, Added, 09/14/2002)
2.19.030 DUTIES.
The Chief of Police shall be the chief police officer
of the city responsible for maintaining the peace of the
city. The Chief of Police shall have the responsibility for
appointment, removal and suspension of employees of
the department subject to the city’s civil service rules
and regulations, the city’s personnel policies, and labor
agreements. The chief shall be responsible for the man-
agement of the police department and the administration
of the department’s budget as authorized and directed by
the City Council and the Mayor. The Chief of Police
shall perform such other duties as the City Council or
Mayor may direct or as may be required by law. (Ord.
4810, Added, 09/14/2002)
2.19.040 WARRANT OFFICERS.
(a) Position Created. There is hereby established
the position of warrant officer. The position of warrant
officer shall be maintained within the City Police
Department. The number of warrant officers, their
duties, qualifications and compensation shall be estab-
lished by the City’s budget, personnel policies and col-
lective bargaining agreement(s) as applicable.
(b) Exempt from Certain Benefits. Warrant offi-
cers shall not be entitled to death, disability, or retire-
ment benefits pursuant to Chapter 41.26 RCW entitled
"Law Enforcement Officers and Firefighters Retirement
System" (LEOFF) on the basis of service as a warrant
officer as described in this section.
(c) Training. The Chief of Police shall establish
training requirements consistent with the job description
of warrant officer established by the City. Training
requirements must be approved by the Criminal Justice
Training Commission.
(d) Authority. To the extent authorized by law and
as authorized and directed by the Chief of Police, the
City’s warrant officers shall be vested with the special
authority to make arrests authorized by warrants and to
provide service of civil and criminal process and other
related duties. Process issuing from any court that is
directed to the Police Department may be served or
enforced by a City warrant officer as authorized and
directed by the Chief of Police. (Ord. 5278 §1, 2015)
1 Code reviser’s note: Ordinance No. 5190, effective August 27,
2012, added this exemption.
2.40-1 (Revised 12/15)
Chapter 2.40
PUBLIC ACCESS CITIZENS ADVISORY
COMMITTEE
Sections:
2.40.010 COMMITTEE ESTABLISHED.
2.40.020 MEMBERSHIP AND
APPOINTMENT.
2.40.030 SALARIES AND PERSONAL
EXPENSES.
2.40.040 OFFICERS.
2.40.050 RULES OF PROCEDURE.
2.40.060 COMPLIANCE WITH CODE OF
ETHICS.
2.40.070 DUTIES AND
RESPONSIBILITIES.
2.40.080 MEETINGS.
2.40.090 OPERATING EXPENSES.
2.40.100 REMOVAL OF MEMBERS.
2.40.110 VACANCIES.
2.40.010 COMMITTEE ESTABLISHED.
There is established a Public Access Citizens Advi-
sory Committee, hereinafter referred to as "Committee,"
which shall act solely as an advisory body to the Mayor
and City Council of the City of Bremerton and the Kit-
sap County Commissioners to promote and develop
optimal utilization of the Public Access Television sys-
tem known as Bremerton Kitsap Access Television
("BKAT"). (Ord. 5279 §1 (part), 2015: Ord. 4624,
Repealed & Replaced, 03/27/1998. Formerly
2.100.010)
2.40.020 MEMBERSHIP AND
APPOINTMENT.
(a) The Committee membership shall be com-
prised of staff, community, and youth member(s). The
appointment of the members to the Committee shall be
made by the City of Bremerton and Kitsap County. In
addition, appointments may be made by any entity that
has entered into a long-term service contract with
BKAT ("participating entity") that desires to participate
in the Committee. The City of Bremerton, Kitsap
County and the participating entities are each referred to
as "appointing jurisdiction." With the exception of staff
appointments, appointed members must be residents of
the County and the participating City as noted below.
There are no minimum residency time period require-
ments for appointment. The membership may increase
or decrease as noted in subsection (c) of this section.
The initial appointments shall be made as follows:
(1) One (1) staff member representing the
City of Bremerton - City of Bremerton appointment who
does not need to be a resident of the City or the County;
(2) One (1) staff member representing Kitsap
County - Kitsap County appointment who does not need
to be a resident of the County;
(3) Two (2) community members represent-
ing users (one (1) City of Bremerton appointment who
is a resident of the City and one (1) Kitsap County
appointment who is a resident of the County);
(4) One (1) community member representing
educational interests - City of Bremerton appointment
who is a resident of the County;
(5) Three (3) community members, one (1)
from the three (3) Kitsap County Commissioner Dis-
tricts - each District Commissioner makes an appoint-
ment of a resident from his/her represented district);
(6) One (1) community member - City of
Bremerton appointment who is a resident of the City;
(7) One (1) community member from the City
of Bainbridge Island - City of Bainbridge Island
appointment who is a resident of the City;
(8) One (1) community member from the City
of Poulsbo - City of Poulsbo appointment who is a resi-
dent of the City; and
(9) One (1) youth member (eighteen (18)
years old or younger) representing youth - City of
Bremerton appointment who is a resident of the County.
(b) Terms of appointment for staff membership
shall be one (1) year. Terms of appointment for the com-
munity members shall be two (2) years. Initial term
lengths will be staggered as decided by the members.
Outgoing members will continue to serve until succes-
sors are appointed. The anniversary date of any mem-
ber’s term will be the date of appointment by the
respective appointing jurisdiction. For the City of
Bremerton, appointments will be made by the Mayor
with confirmation by City Council. For the other juris-
dictions, appointments shall be made pursuant to poli-
cies and procedures for appointment as established by
each jurisdiction. The Public Access Citizens Advisory
Committee chairman will notify the appointing jurisdic-
tion as applicable of vacancies and representation.
(c) Any time a new long-term service contract is
entered into between BKAT and a new participating
entity, that entity may appoint a citizen member to the
Committee. If the entity is a city located within Kitsap
County, the appointed member must be a resident of the
appointing city. For all other entities, the appointed
member must be a resident of the County. Upon the
expiration or termination of a long-term service contract
with a participating entity, membership of the Commit-
tee will be reduced accordingly if said entity has an
appointed member on the Committee. (Ord. 5279 §1
(Revised 12/15)2.40-2
(part), 2015: Ord. 4624, Repealed & Replaced,
03/27/1998. Formerly 2.100.020)
2.40.030 SALARIES AND PERSONAL
EXPENSES.
The members of the Committee shall receive no
salaries or other remuneration for their services in such
capacity, and shall not be entitled to personal expenses
incurred by them in the discharge of their official duties,
except to the extent and purposes and amount such
expense is first authorized and approved in advance by
the City of Bremerton Director of Financial Services.
(Ord. 5279 §1 (part), 2015: Ord. 4624, Repealed &
Replaced, 03/27/1998. Formerly 2.100.030)
2.40.040 OFFICERS.
(a) The Committee shall elect a chairman, vice
chairman and secretary by a simple majority of the
members present.
(1) The officers so elected shall serve for a
term of one (1) year. Thereafter annually, new officers
shall be elected by Committee members and shall serve
until their successors are elected.
(2) A vacancy in any position of any office of
the Committee shall be filled by a vote of a simple
majority of the members present. (Ord. 5279 §1 (part),
2015: Ord. 4624, Repealed & Replaced, 03/27/1998.
Formerly 2.100.040)
2.40.050 RULES OF PROCEDURE.
Any action to be taken by the Committee shall
require the concurrence of a simple majority of the
members of the Committee present and voting. The
Committee may establish policies and procedures to
operate the Committee as deemed appropriate. (Ord.
5279 §1 (part), 2015: Ord. 4624, Repealed & Replaced,
03/27/1998. Formerly 2.100.050)
2.40.060 COMPLIANCE WITH CODE OF
ETHICS.
The Committee shall comply with the City Code of
Ethics ordinance codified as Chapter 2.96 BMC. (Ord.
5279 §1 (part), 2015: Ord. 4624, Repealed & Replaced,
03/27/1998. Formerly 2.100.060)
2.40.070 DUTIES AND RESPONSIBILITIES.
The Committee shall have the following specific
functions:
(a) Through the BKAT Public Access Manager,
make recommendations regarding general policy relat-
ing to the services and facilities provided to subscribers
and users of the system;
(b) Promote community outreach;
(c) Provide a forum for citizen complaints and
concerns regarding use of facilities, programming and
other related issues;
(d) Submit an annual report to the City of Bremer-
ton and Kitsap County regarding all activities of the
committee during the reporting year; and
(e) Perform such other duties as requested by the
Mayor or City Council of the City of Bremerton or the
County Commissioners. (Ord. 5279 §1 (part), 2015:
Ord. 4624, Repealed & Replaced, 03/27/1998. Formerly
2.100.070)
2.40.080 MEETINGS.
The Committee shall establish a regular meeting
day and time and shall meet at least on a quarterly basis.
All meetings of the Committee shall be held in accor-
dance with City and state law regarding public meet-
ings. (Ord. 5279 §1 (part), 2015: Ord. 4624, Repealed &
Replaced, 03/27/1998. Formerly 2.100.080)
2.40.090 OPERATING EXPENSES.
All approved operating costs of the Committee
shall be paid out of revenues derived for the operation of
public access. (Ord. 5279 §1 (part), 2015: Ord. 4624,
Repealed & Replaced, 03/27/1998. Formerly
2.100.090)
2.40.100 REMOVAL OF MEMBERS.
Members of the Committee serve at the pleasure of
their respective appointing jurisdiction. Respective
appointees may be removed by their appointing jurisdic-
tion. A member shall not be absent more than three (3)
consecutive meetings. After the absence from three (3)
consecutive meetings, the remaining members of the
Committee shall vote to retain or recommend to their
appointing jurisdiction that the absentee member be
relieved of his or her duties on the Committee. (Ord.
5279 §1 (part), 2015: Ord. 4624, Repealed & Replaced,
03/27/1998. Formerly 2.100.100)
2.40.110 VACANCIES.
Vacancies shall be filled in accordance with BMC
2.40.020 for the unexpired term of the member affected.
(Ord. 5279 §1 (part), 2015: Ord. 4624, Repealed &
Replaced, 03/27/1998. Formerly 2.100.110)
3.36-1 (Revised 12/15)
Chapter 3.36
CONTINGENCY RESERVE FUND
Sections:
3.36.010 ESTABLISHED.
3.36.020 AMOUNT AND SOURCE.
3.36.030 ADMINISTRATION AND
EXPENDITURE.
3.36.010 ESTABLISHED.
There is established a special revenue fund to be
called the "Contingency Reserve Fund." The fund is
established to protect the City’s General Fund in the
event of unforeseen and unfunded expense or an emer-
gency as set forth in RCW 35.33.145, as currently
enacted and hereinafter amended. (Ord. 5280 §1 (part),
2015: Ord. 5021 §1 (part), 2007: Ord. 4524 §1, 1995)
3.36.020 AMOUNT AND SOURCE.
The minimum Contingency Reserve Fund balance
shall be established in an amount equivalent to thirty-
seven and one-half cents ($0.375) per thousand dollars
($1,000) of assessed valuation of property within the
City at such time, or such other amount as established by
RCW 35.33.145 ("minimum fund balance"). If at any
time the cash balance of the fund is less than the mini-
mum fund balance, a repayment plan shall be estab-
lished by the Mayor and approved by the City Council
to replenish the fund to its minimum level.
The proceeds of sale of all General Fund real prop-
erty shall be deposited to the Contingency Reserve
Fund. (Ord. 5280 §1 (part), 2015: Ord. 5021 §1 (part),
2007: Ord. 4524 §2, 1995)
3.36.030 ADMINISTRATION AND
EXPENDITURE.
The Contingency Reserve Fund shall be operated as
a special revenue fund administered by the Director of
Financial Services and the Mayor. All monies received
by the fund, together with investment earnings thereon,
may be expended only in the following manner:
(a) Emergency or Unfunded Unforeseen Expense.
Funds may be expended from the Contingency Reserve
Fund in the event of 1) a bona fide emergency as defined
in and pursuant to RCW 35.33.081 and 35.33.091, as
currently enacted and hereinafter amended, or 2) for an
unforeseen and unfunded expense. In either event, funds
may be withdrawn from the Contingency Reserve Fund
by transfer to the appropriate operating fund authorized
by resolution or ordinance adopted by the City Council
pursuant to RCW 35.33.147, as currently enacted and
hereinafter amended. A unanimous vote of all members
of the City Council shall be required to authorize fund
transfer.
(b) Funds in Excess of Minimum Fund Balance.
Should the balance of the Contingency Reserve Fund at
any time exceed the minimum fund balance, the excess
funds may be used for capital purchases upon City
Council approval by simple majority vote. (Ord. 5280
§1 (part), 2015: Ord. 5021 §1 (part), 2007: Ord. 4524
§3, 1995)
3.50-1 (Revised 12/15)
Chapter 3.50
UTILITY TAXES
Sections:
3.50.010 EXERCISE OF REVENUE
LICENSE POWER.
3.50.020 BUSINESS LICENSE -
REQUIRED.
3.50.030 ADMINISTRATIVE
PROVISIONS.
3.50.040 DEFINITIONS.
3.50.050 PERSONS SUBJECT TO TAX -
AMOUNT.
3.50.060 DEDUCTIONS.
3.50.070 TAX - WHEN DUE.
3.50.080 RULES AND REGULATIONS.
3.50.090 SEVERABILITY.
3.50.010 EXERCISE OF REVENUE
LICENSE POWER.
The provisions of this chapter shall be deemed an
exercise of the power of the City to license and/or tax for
revenue. The provisions of this chapter are subject to
periodic statutory or administrative rule changes or judi-
cial interpretations of the ordinances or rules. The
responsibility rests with the licensee or taxpayer to
reconfirm tax computation procedures and remain in
compliance with the City Code. (Ord. 4895 §2, 2004;
Ord. 4844, Added, 01/03/2003)
3.50.020 BUSINESS LICENSE - REQUIRED.
It is unlawful for any person to engage in business
in the City without having first obtained a business
license pursuant to Chapter 5.02 BMC. (Ord. 4895 §2,
2004; Ord. 4844, Added, 01/03/2003)
3.50.030 ADMINISTRATIVE PROVISIONS.
The provisions contained in Chapter 3.86 BMC
shall be fully applicable to the provisions of this chapter
except as expressly stated to the contrary herein. (Ord.
4895 §2, 2004; Ord. 4844, Added, 01/03/2003)
3.50.040 DEFINITIONS.
For the purposes of this chapter, the definitions con-
tained in Chapter 3.48 BMC shall apply equally to the
provisions of this chapter as applicable unless the term
is defined otherwise in this chapter. In addition, the fol-
lowing definitions will apply:
"Cellular telephone service" is a voice or data tele-
phone/telecommunications system based in whole or
substantial part on wireless radio communications,
whether or not the communications are subject to regu-
lation by the Washington Utilities and Transportation
Commission (WUTC). This includes cellular mobile
service. Cellular mobile service includes other wireless
radio communications services such as specialized
mobile radio (SMR), personal communications services
(PCS), and any other evolving wireless radio communi-
cations technology which accomplishes the same pur-
pose as cellular mobile service.
"Competitive telephone service" means the providing
by any person of telephone telecommunications equip-
ment or apparatus, or service related to that equipment
or apparatus such as a repair and maintenance service, if
the equipment or apparatus is of a type which can be
provided by persons who are not subject to regulation as
telephone companies under RCW Title 80, and for
which a separate charge is made.
"Gross income" means the value proceeding or accru-
ing by reason of the business activity engaged in and
operations incidental thereto, and includes gross pro-
ceeds of sales, compensation for the rendition of ser-
vices and other emoluments, but without any deduction
on account of the cost of the commodity furnished or
sold, the cost of materials used, labor costs, interest, dis-
count, delivery costs, taxes, or any other expense what-
soever paid or accrued and without any deduction on
account of losses.
"Gross income from timber sales" means "stumpage
value of timber" as defined in Chapter 84.33 RCW
minus the costs of production including, but not limited
to, logging and trucking costs, fees and excise taxes.
"Page service" means service provided by means of an
electronic device that has the ability to send or receive
voice or digital messages transmitted through the local
telephone network, via satellite or any other form of
voice or data transmission.
"Reporting period" means a one (1) month period
beginning the first day of each calendar month
(monthly).
"Solid waste collection service" means receiving solid
waste from any facility or location within the City for
transfer, processing, treatment, storage, or disposal,
including, but not limited to, all collection services, pub-
lic or private dumps or landfills, transfer stations, and
other similar operations.
"Solid waste," for purposes of this chapter, means gar-
bage, trash, rubbish, or other material discarded as
worthless or not economically viable for further use,
infectious, hazardous, or toxic wastes, and recyclable or
reusable materials collected, in whole or part, for recy-
cling or salvage.
"Telephone business" means the providing by any per-
son of access to a local telephone network, local tele-
phone network switching service, toll service, cellular
or mobile telephone service, coin telephone service,
page service, or the providing of telephonic, video, data,
or similar communication, or transmission for hire, via
a local telephone network, toll line or channel, cable,
(Revised 12/15)3.50-2
microwave, or similar communication or transmission
system. The term includes cooperative or farmer line
telephone companies or associations operating
exchanges. The term also includes the provision of
transmission to and from the site of an internet provider
via a local telephone network, toll line or channel, cable,
microwave, or similar communication or transmission
system. "Telephone business" does not include the pro-
viding of competitive telephone service, or providing of
cable television service, or other providing of broadcast
services by radio or television stations. (Ord. 4895 §2,
2004; Ord. 4844, Added, 01/03/2003)
3.50.050 PERSONS SUBJECT TO TAX -
AMOUNT.
In addition to other taxes or fees that may be
imposed or levied by the City, there is hereby levied
upon all persons (including the City) engaging in busi-
ness within the City a fee or tax to be collected as fol-
lows:
(a) Gas. Upon every person engaging in the busi-
ness of transmitting, distributing or the selling of manu-
factured or natural gas, a fee or tax equal to six (6)
percent of the total gross income from such business
conducted within the City.
(b) Water. Upon every person engaging in the
business of providing water utility service, a fee or tax
equal to fifteen and one-half (15.5) percent of the total
gross income from such business conducted within the
City. The total gross income from the business of pro-
viding water utility service includes the "gross income
from timber sales" of the utility as that term is defined in
this chapter.
(c) Wastewater. Upon every person engaging in
the business of providing wastewater utility service, a
fee or tax equal to twenty (20) percent of the total gross
income from such business conducted within the City.
(d) Stormwater. Upon every person engaging in
the business of providing stormwater utility service, a
fee or tax equal to twenty (20) percent of the total gross
income from such business conducted within the City.
(e) Cable. Upon every person engaging in the
business of transmitting television signals by means of a
cable distribution system commonly known as televi-
sion cable service, a fee or tax equal to seven (7) percent
of the total gross income from such business conducted
within the City.
(f) Solid Waste. Upon every person engaging in
the business of providing solid waste collection service,
a fee or tax equal to nine and one-half (9.5) percent of
the total gross income from such business conducted
within the City.
(g) Electricity. Upon every person engaging in the
business of producing, transmitting, distributing or sell-
ing electricity, a fee or tax equal to six (6) percent of the
total gross income from such business conducted within
the City.
(h) Telephone. Upon every person engaged in car-
rying on a telephone business for hire or for sale of a
commodity or a service within or partly within the cor-
porate limits of the City, a tax for the privilege of so
doing business equal to six (6) percent of the total gross
income rendered within the City.
(1) Deductions. In computing the telephone
tax, there shall be deducted from the gross operating
revenues the following items:
(i) Amounts derived from transactions in
interstate or foreign commerce or from any business
which the City is prohibited from taxing under the Con-
stitutions of the United States or the State of Washing-
ton.
(ii) Amounts derived from that portion of
network telephone service, as defined in RCW
82.04.065, which represents charges to another telecom-
munications company, as defined in RCW 80.04.010,
for connecting fees, switching charges or carrier access
charges relating to intrastate toll telephone services, or
for access to, or charges for, interstate services or
charges for network telephone service that is purchased
for the purpose of resale.
(iii) Adjustments made to a billing or to a
customer account or to a telecommunications company
accrual account in order to reverse a billing or charge
that had been made as a result of third-party fraud or
other crime and was not properly a debt of a customer.
(iv) A complete deduction from gross
income shall be allowed for credit losses, only to cellu-
lar telephone service companies which keep their regu-
lar books of account on an accrual basis, for cash
discounts and credit losses actually sustained by a tax-
payer as a result of telephone service business.
(2) Allocation of Income - Cellular Telephone
Service.
(i) Service Address. Payments by a cus-
tomer for the telephone service from telephones without
a fixed location shall be allocated among taxing jurisdic-
tions to the location of the customer’s principal service
address during the period for which the tax applies.
(ii) Roaming Phones. When the service is
provided while a subscriber is roaming outside the sub-
scriber’s normal cellular network area, the gross income
shall be assigned consistent with the taxpayer’s account-
ing system to the location of the originating cell site of
the call, or to the location of the main cellular switching
office that switched the call. (Ord. 5289 §2, 2015: Ord.
5170 §1, 2011: Ord. 5096 §1, 2009: Ord. 5078 §1, 2009:
Ord. 5065 §1, 2008: Ord. 4988 §4, 2006; Ord. 4918 §1,
2004; Ord. 4895 §2, 2004; Ord. 4882 §1, 2003; Ord.
4844, Added, 01/03/2003)
3.50-3 (Revised 12/15)
3.50.060 DEDUCTIONS.
(a) There may be deducted from the total gross
income, upon which the license fee or tax is computed,
revenues derived from business which the City is pro-
hibited from taxing under the Constitutions or laws of
the State of Washington or the United States or the
Charter of the City.
(b) There may be deducted from the total gross
income, upon which the license fee or tax is computed,
the amount of State excise taxes, pursuant to Chapter
82.18 RCW, imposed directly upon persons using the
service of a solid waste collection business and collected
for payment to the State by the solid waste collection
business.
(c) There may be deducted from the total gross
income, upon which the license fee or tax is imposed
under BMC 3.50.050, revenues derived from providing
the service of collecting recyclable materials, as fol-
lows:
(1) Commercial Recycling. Revenues derived
from the service of collecting commercial recyclable
materials. This exemption is limited to materials actu-
ally resold and computed in proportion to weight, as fol-
lows:
(i) Any weight added by processing or
treatment after collection is subtracted from the weight
as sold to obtain the allowable weight as sold; and
(ii) Revenues are multiplied by a fraction,
the numerator of which is the allowable weight as sold
and the denominator of which is the weight as collected.
(2) This deduction does not apply to any
energy recovery or fuel-use process, nor in any case
where materials collected have not been sold for com-
mercial reuse within one hundred (100) days from the
date of collection. This period may be extended when a
taxpayer shows to the Department’s satisfaction that
market conditions necessitate a longer period for sale.
(Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003)
3.50.070 TAX - WHEN DUE.
The tax imposed by this chapter shall be due and
payable in monthly installments. (Ord. 4895 §2, 2004)
3.50.080 RULES AND REGULATIONS.
The Director may establish administrative rules and
regulations as deemed appropriate, consistent with this
chapter for the purpose of enforcing and carrying out its
provisions. (Ord. 4895 §2, 2004; Ord. 4844, Added,
01/03/2003. Formerly 3.50.070)
3.50.090 SEVERABILITY.
If any provision or section of this chapter shall be
held void or unconstitutional, all other parts, provisions,
and sections of this chapter not expressly so held to be
void or unconstitutional shall continue in full force and
effect. (Ord. 4895 §2, 2004; Ord. 4844, Added,
01/03/2003. Formerly 3.50.080)
7.05-1 (Revised 12/15)
Bremerton Municipal Code 7.05.020
Chapter 7.05
PROHIBITED ANIMALS
Sections:
7.05.010 PROHIBITED ANIMALS.
7.05.020 VIOLATIONS AND
PENALTIES.
7.05.010 PROHIBITED ANIMALS.
The keeping or maintenance of the following ani-
mals is prohibited within the City limits except as other-
wise provided herein:
(a) Venomous, Poisonous, or Wild Animals. Pos-
session of any creature that is venomous (excluding
bees), poisonous, or wild is prohibited. Prohibited ani-
mals include, but are not limited to, lions, tigers, bears,
monkeys, chimpanzees, gorillas, cougars, mountain
lions, badgers, wolves, hybrids, coyotes, fox, lynx, alli-
gators, caiman, crocodiles, snakes over seven (7) feet in
length, or any venomous/poisonous creature.
(b) Livestock. Possession of livestock is prohib-
ited, except that:
(1) This provision shall not apply to the trans-
porting of livestock through the City when such entry
into the City is of minimal duration and the livestock are
properly secured for transport in a cage or other suitable
enclosure.
(2) Chickens may be kept or maintained in the
City if licensed pursuant to Chapter 7.06 BMC.
(3) Goats may be temporarily kept or main-
tained in the City for the specific purpose of vegetation
control provided they are:
(i) Kept or maintained for no more than
fifteen (15) consecutive days at any particular location
unless otherwise approved by the Mayor or designee or
animal control authority;
(ii) Tethered, supervised on site, or are
maintained within a securely fenced area; and
(iii) Their housing in the City does not
cause a public health or safety issue.
(4) Owners and authorized occupants of prop-
erty annexed to the City upon which livestock is main-
tained on the date of annexation may continue to
maintain livestock on the property unless ordered other-
wise by the City Hearing Examiner in a code enforce-
ment proceeding due to public health and safety
concerns. During said time, there may not be an expan-
sion of livestock or livestock activity on the property
beyond that which existed at the time of annexation.
This annexation exemption applies until such time as
title to the property is transferred to a new owner.
(c) Exempt Organizations and Activities. The fol-
lowing organizations and activities are exempt from the
prohibitions set forth in subsections (a) and (b) of this
section:
(1) State-registered wildlife rehabilitation
centers with regard to care and rehabilitation of those
wild animals that are indigenous to North America.
(2) Licensed trappers and animal welfare
organizations.
(3) Circuses, zoos, museums, and similar
facilities when licensed or permitted if proper safe-
guards are taken to protect the public.
(4) Special events, festivals, parades and
other similar activities and uses when licensed or per-
mitted for short-term limited purposes if proper safe-
guards are taken to protect the public as required in the
licensing or event permitting process.
(5) An unlicensed or unpermitted activity or
event for a one (1) time, short-term limited purpose:
(i) When approved by the Mayor or des-
ignee;
(ii) For a period not to exceed five (5)
consecutive days; and
(iii) When proper safeguards are taken to
protect the public. (Ord. 5283 §1 (part), 2015: Ord. 5000
§3, 2007: Ord. 4949 §1 (part), 2005)
7.05.020 VIOLATIONS AND PENALTIES.
(a) Violation. It shall be unlawful for any person to
possess or maintain any prohibited animals subject to
the provisions of this chapter.
(b) Civil Infraction. Any violation of subsection
(a) of this section shall constitute a civil infraction pun-
ishable by a maximum penalty of two hundred fifty dol-
lars ($250.00), not including statutory assessments.
(c) Misdemeanor. A second or subsequent viola-
tion of subsection (a) of this section by any person
within a twelve (12) month period shall constitute a mis-
demeanor pursuant to BMC 1.12.020(2). (Ord. 5283 §1
(part), 2015: Ord. 4949 §1 (part), 2005)
9.48-1 (Revised 12/15)
Chapter 9.48
FIREWORKS
Sections:
9.48.010 PERMIT - REQUIRED - FEE.
9.48.020 PERMIT - CONDITIONS FOR
ISSUANCE.
9.48.030 STANDS - CONFORMANCE TO
REGULATIONS REQUIRED.
9.48.040 HOURS AND DAYS OF SALE
AND DISCHARGE.
9.48.050 STATE STATUTE
APPLICABILITY.
9.48.060 RECKLESS DISCHARGE OR
USE OF FIREWORKS.
9.48.070 PENALTY FOR VIOLATION.
(Effective until September 18, 2016)
9.48.070 PROHIBITION DUE TO
EXTREME FIRE DANGER.
(Effective September 18, 2016)
9.48.080 ENFORCEMENT.
9.48.090 PERMIT REVOCATION OR
SUSPENSION - AUTHORITY.
9.48.100 PENALTY FOR VIOLATIONS.
9.48.010 PERMIT - REQUIRED - FEE.
Application for all local fireworks permits includ-
ing applications for a permit to conduct a public display
of fireworks required by the state fireworks law, Chap-
ter 70.77 RCW, shall be made to the Fire Marshal. The
fees for such permits shall be as set forth in Chapter 3.01
BMC. (Ord. 5284 §1 (part), 2015: Ord. 5017 §1 (part),
2007: Ord. 4973 §1 (part), 2006: Ord. 4368 §26, 1992;
Ord. 3370 §1, 1977)
9.48.020 PERMIT - CONDITIONS FOR
ISSUANCE.
The Fire Chief or his or her designee is responsible
for review of any application for a permit for the sale of
fireworks or for a public display of fireworks. If the
application meets the requirements of state law and this
chapter, the Fire Chief or his or her designee is autho-
rized to grant the application and issue a permit.
(a) Sale of Fireworks. A permit for the sale of fire-
works shall be issued only upon the following terms and
conditions:
(1) The applicant shall have a valid and sub-
sisting license issued by the State Fire Marshal authoriz-
ing the holder thereof to engage in the retail sale of safe
and sane fireworks only.
(2) The applicant shall have and keep in full
force and effect a policy of insurance approved by the
City’s Risk Manager saving the City harmless for any
acts or failures of the permittee, in accordance with
Chapter 70.77 RCW.
(3) The location of a proposed place of busi-
ness shall comply with the zoning ordinances of the
City.
(4) The applicant shall provide a land lease
agreement for the location of the proposed place of busi-
ness signed by the land owner or his authorized repre-
sentative.
(5) The applicant shall provide a scale draw-
ing of the location of the proposed place of business
showing the relationship of the fireworks stand to streets
and other buildings.
(6) The applicant shall submit the name,
address and phone number of the person or persons
responsible for the fireworks stand.
(7) The applicant shall submit the address of
all storage locations for stock that is kept on reserve and
not on display for sale.
(8) No permit applications shall be processed
before the first day of May or accepted after the first day
of June of the year of sale.
(9) The applicant shall post a fifty dollar
($50.00) cash bond conditioned upon the prompt
removal of the temporary stand and the cleaning up of
all debris from the site. If the permittee removes such
temporary stand and cleans up all of the debris before
the tenth day of July of the permit year, he shall be enti-
tled to the return of the fifty dollars ($50.00).
(b) Public Display of Fireworks. A permit for a
public display of fireworks shall be issued only upon the
terms and conditions as set forth Chapter 70.77 RCW.
(1) It shall be unlawful for any person to hold,
conduct or engage in a public display of fireworks
within the City without having obtained a valid permit
issued pursuant to the provisions of this chapter.
(2) Permit applications for the public display
shall be submitted in full a minimum of thirty (30) days
prior to the scheduled display. (Ord. 5284 §1 (part),
2015: Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part),
2006: Ord. 3370 §2, 1977)
9.48.030 STANDS - CONFORMANCE TO
REGULATIONS REQUIRED.
(a) Only "common fireworks" authorized by
Chapter 212-17 WAC, except toy caps, shall be sold
only from temporary stands which conform to the writ-
ten rules and regulations of the Fire Chief of the City.
No device, product or effect similar to Chinese lanterns
containing an open flame shall be sold, discharged or
released at any time.
(b) Each fireworks stand shall have an adult (eigh-
teen (18) years of age or older) in attendance at all times.
(Revised 12/15)9.48-2
No person under the age of sixteen (16) years old shall
be allowed inside the stand.
(c) A sign stating "NO SALE OF FIREWORKS
TO ANY PERSON UNDER THE AGE OF 16 YEARS
OLD, PHOTO ID REQUIRED."
(d) All permittees shall conform to the minimum
standards and conditions set forth in the Rules and Reg-
ulations for Retail Fireworks Stands by the Fire Chief.
(Ord. 5284 §1 (part), 2015: Ord. 5017 §1 (part), 2007:
Ord. 4973 §1 (part), 2006: Ord. 4653, Amended,
07/18/1999; Ord. 3370 §3, 1977)
9.48.040 HOURS AND DAYS OF SALE AND
DISCHARGE.
(a) No person shall use or explode any fireworks
within the City except from 11:00 a.m. to 11:00 p.m. on
July 4th of any year or as part of a public display autho-
rized pursuant to the laws of the State of Washington
and this chapter. It shall not be legal to use or discharge
fireworks at any other time, specifically including, with-
out limitation, from 6:00 p.m. on December 31st of any
year until 1:00 a.m. on January 1st of the subsequent
year. Only "common fireworks" authorized by Chapter
212-17 WAC are to be discharged during the authorized
time period.
(b) Sales of fireworks shall be prohibited except
from 12:00 noon to 11:00 p.m. on June 28th; and from
9:00 a.m. to 11:00 p.m. on each day from June 29th
through July 4th in any calendar year. Nothing in this
provision shall make it illegal to have public displays of
fireworks when approved by the Bremerton Fire Depart-
ment in accordance with the Bremerton Municipal
Code.
(c) The possession of any class or kind of fire-
works in violation of the provisions of this chapter is
prohibited. (Ord. 5284 §1 (part), 2015: Ord. 5017 §1
(part), 2007: Ord. 4973 §1 (part), 2006: Ord. 4653,
Amended, 07/18/1999; Ord. 4455 §1, 1994; Ord. 4420
§1, 1993; Ord. 4379 §1, 1992; Ord. 3370 §5, 1977. For-
merly 9.48.050.)
9.48.050 STATE STATUTE
APPLICABILITY.
This chapter is intended to implement Chapter
70.77 RCW, and shall be construed in connection with
said laws and all rules and regulations issued pursuant
thereto. (Ord. 5284 §1 (part), 2015: Ord. 5017 §1 (part),
2007: Ord. 4973 §1 (part), 2006: Ord. 3370 §6, 1977.
Formerly 9.48.060.)
9.48.060 RECKLESS DISCHARGE OR USE
OF FIREWORKS.
It is unlawful for any person to discharge or use
fireworks in a reckless manner which creates a substan-
tial risk of death or serious physical injury to another
person or damage to the property of another. (Ord. 5284
§1 (part), 2015: Ord. 5017 §1 (part), 2007: Ord. 4973 §1
(part), 2006)
9.48.070 PENALTY FOR VIOLATION.
(Effective until September 18, 2016)
Any person failing to comply with the provisions of
this chapter, or rules or regulations of the Fire Chief of
the City, shall be guilty of a misdemeanor punishable by
a fine not to exceed one thousand dollars ($1,000) or by
imprisonment not to exceed ninety (90) days or both.
Except that any person violating the provisions of BMC
9.48.060 shall be guilty of a gross misdemeanor and
shall be punished by imprisonment not to exceed one (1)
year and a fine not to exceed five thousand dollars
($5,000). A person is guilty of a separate offense for
each day during which he or she commits or continues
to permit a violation of the provisions of this chapter.
(Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part), 2006:
Ord. 4379 §2, 1992; Ord. 3370 §7, 1977)
9.48.070 PROHIBITION DUE TO EXTREME
FIRE DANGER. (Effective September
18, 2016)
During periods of extreme fire danger, the Fire
Chief may prohibit the discharge of all fireworks. For
the purpose of this section, "extreme fire danger" means
a period of hot, dry weather accompanied by low fuel
moistures. It is during this period that wildland fires can
be expected and fire growth will be accelerated. (Ord.
5284 §1 (part), 2015: Ord. 5017 §1 (part), 2007: Ord.
4973 §1 (part), 2006: Ord. 4379 §2, 1992; Ord. 3370 §7,
1977)
9.48.080 ENFORCEMENT.
The Police Chief, or designee, and the Fire Chief, or
designee, are authorized to enforce all provisions of this
chapter except those provisions where enforcement
authority is explicitly provided to the Fire Chief. (Ord.
5284 §1 (part), 2015: Ord. 5017 §1 (part), 2007: Ord.
4973 §1 (part), 2006: Ord. 4653, Amended, 07/18/1999;
Ord. 3370 §8, 1977)
9.48.090 PERMIT REVOCATION OR
SUSPENSION - AUTHORITY.
The Fire Chief or his or her designee may at any
time suspend or revoke any permit issued under the pro-
visions of this chapter, if the permittee has:
(a) Violated any of the provisions of this chapter,
or any of his servants, agents or employees have done
so;
(b) Made any false statement or misrepresentation
of fact in connection with obtaining the permit;
(c) Failed to obtain or has had any license required
by the State of Washington to engage in any act prohib-
ited by Chapter 70.77 RCW, or this chapter, to be done
without a license, suspended or revoked;
9.48-3 (Revised 12/15)
(d) Has had any insurance coverage required by
this chapter canceled, revoked, or lapsed. (Ord. 5284 §1
(part), 2015: Ord. 5017 §1 (part), 2007: Ord. 4973 §1
(part), 2006: Ord. 4653, Added, 07/18/1999)
9.48.100 PENALTY FOR VIOLATIONS.
(a) Violation. It shall be unlawful for any person to
sell, use, transfer, discharge, ignite or otherwise cause to
explode common fireworks, or to commit any other vio-
lation of the provisions of this chapter.
(b) Civil Infraction. Except for subsection (d) of
this section, any violation of subsection (a) of this sec-
tion shall constitute a civil infraction punishable by a
maximum penalty of two hundred fifty dollars
($250.00), not including statutory assessments.
(c) Misdemeanor. A second or subsequent viola-
tion of subsection (a) of this section by any person
within a twelve (12) month period shall constitute a mis-
demeanor punishable pursuant to BMC 1.12.020(2).
(d) Gross Misdemeanor. Any person violating the
provisions of BMC 9.48.060 shall be guilty of a gross
misdemeanor punishable pursuant to BMC 1.12.020(1).
(e) Seizure and Disposal of Fireworks. In addition
to the penalties provided in this section, the Police
Chief, or designee, and the Fire Chief, or designee, may
seize and dispose of fireworks that are possessed, sold,
purchased, offered for sale, and/or used in violation of
this chapter according to the seizure and forfeiture pro-
cedures contained in RCW 70.77.435 and 70.77.440.
(Ord. 5284 §1 (part), 2015)
10.04-1 (Revised 12/15)
Chapter 10.04
STATE STATUTES
Sections:
10.04.010 MTO - ADOPTION BY
REFERENCE.
10.04.020 MTO - SECTIONS NOT
ADOPTED.
10.04.030 MTO - STATUTES NOT
ADOPTED.
10.04.034 INATTENTION TO DRIVING.
10.04.040 FILING OF COPIES FOR
PUBLIC USE.
10.04.050 DISPOSITION OF TRAFFIC
FINES AND FORFEITURES.
10.04.060 OFFICIAL MISCONDUCT.
10.04.070 PENALTIES.
10.04.010 MTO - ADOPTION BY
REFERENCE.
The Washington Model Traffic Ordinance, Chapter
308-330 WAC, referred to in this chapter as the "MTO,"
is adopted by reference as currently enacted and herein-
after amended as and for the traffic ordinance of the City
as if set forth in full in this chapter, except:
(1) As provided in BMC 10.04.020 and 10.04.030;
and
(2) Parking on street planting strips is allowed
where the City Engineer has determined an area does
not pose an unacceptable hazard to motorists or pedes-
trians, the City Engineer has posted signs authorizing
such parking and the vehicle is parked upon such plant-
ing strip facing the direction of traffic flow. (Ord. 5138
§1, 2011: Ord. 4465 §1 (in part), 1994; Ord. 4260 §1,
1990; Ord. 4211 §1, 1989; Ord. 3614 §1, 1981)
10.04.020 MTO - SECTIONS NOT ADOPTED.
The following sections of the MTO are not adopted
by reference and are expressly deleted: WAC 308-330-
127, 308-330-250, 308-330-275, 308-330-500, 308-
330-505, 308-330-510, 308-330-515, 308-330-520,
308-330-525, 308-330-530, 308-330-535, 308-330-
540, 308-330-560, and 308-330-650; provided,
"Department of Administrative Services" shall be sub-
stituted for "Chief of Police" wherever it appears in
WAC 308-330-660, SERVICE PARKING. (Ord. 4465
§1 (in part), 1994; Ord. 4211 §2, 1989; Ord. 3614 §2,
1981)
10.04.030 MTO - STATUTES NOT ADOPTED.
The following sections in the Revised Code of
Washington which were adopted by reference in the
MTO are not adopted by reference and are expressly
deleted: RCW 46.16.135, 46.16.140, 46.16.145,
46.16.170, 46.44.090, 46.44.091, 46.44.092, 46.44.093,
46.44.095, 46.44.096, 46.44.120, 46.44.130 and
46.44.140. (Ord. 4465 §1 (in part), 1994; Ord. 3614 §3,
1981)
10.04.034 INATTENTION TO DRIVING.
(a) It is unlawful for any person to operate a motor
vehicle in an inattentive manner. For the purposes of this
section, "inattentive manner" means the operation of a
motor vehicle in such a manner which evidences a lack
of the degree of attentiveness required to safely operate
the vehicle under the prevailing conditions of the road-
way, presence of other traffic, presence of pedestrians,
presence of traffic control devices or signage, presence
of property, and/or weather conditions.
(b) The offense of operating a vehicle in an inat-
tentive manner shall be a lesser offense than, but
included in, the offense of operating a vehicle in a neg-
ligent manner under RCW 46.61.525, and any person
charged pursuant to RCW 46.61.525 may be convicted
of the lesser offense of operating a vehicle in an inatten-
tive manner.
(c) Violation of this section shall constitute a civil
infraction subject to the penalty established in Munici-
pal Court - Rate Table B as set forth in Chapter 3.01
BMC. (Ord. 5286 §1, 2015: Ord. 5182 §1, 2012: Ord.
4314 §1, 1991)
10.04.040 FILING OF COPIES FOR PUBLIC
USE.
Incident to the adoption of the MTO by reference
by this chapter, copies of the text of the adopted MTO
and of other adopted statutes shall be filed as required by
RCW 35.21.180 for use and examination by the public.
(Ord. 3614 §7, 1981)
10.04.050 DISPOSITION OF TRAFFIC FINES
AND FORFEITURES.
All fines or forfeitures collected upon conviction or
upon the forfeiture of bail of any person charged with a
violation of any of the provisions of this chapter shall be
paid into the general fund of the City. (Ord. 3614 §5,
1981)
10.04.060 OFFICIAL MISCONDUCT.
Failure, refusal or neglect on the part of any judicial
or other officer or employee receiving or having custody
of any such fine or forfeiture of bail, either before or
after a deposit in the general fund, to comply with the
provisions of BMC 10.04.050 shall constitute miscon-
duct in office and shall be grounds for removal there-
from, provided appropriate removal action is taken
pursuant to state law relating to removal of public offi-
cials. (Ord. 3614 §6, 1981)
(Revised 12/15)10.04-2
10.04.070 PENALTIES.
Unless another penalty is expressly provided by law
in the MTO or in the statutes that are adopted by refer-
ence therein, any person who is convicted of violating or
failing to comply with any of the provisions of this chap-
ter shall be guilty of a misdemeanor and subject to the
provisions of BMC Chapter 1.12. (Ord. 4733, Reaf-
firmed, 11/30/2000; Ord. 4680, Amended, 12/17/1999;
Ord. 3614 §4, 1981)
15.01-9 (Revised 12/15)
Bremerton Municipal Code 15.01.040
frequency and duration sufficient to support, and that
under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil
conditions. Wetlands generally include swamps,
marshes, bogs, and similar areas.
"Wetponds" shall mean drainage facilities for water
quality treatment that contain permanent pools of water
that are filled during the initial runoff from a storm
event. They are designed to optimize water quality by
providing retention time in order to settle out particles of
fine sediment to which pollutants such as heavy metals
absorb. They also allow biologic activity to occur that
metabolizes nutrients and organic pollutants. (Ord. 5250
§1 (in part), 2014: Ord. 5209 §2, 2013)
15.01.030 UTILITY SERVICE AGREEMENT.
(a) Each customer of the utility and any person
requesting utility service from the City for water, waste-
water, or stormwater shall be required to make applica-
tion and enter into a utility service agreement.
Agreements shall be executed prior to connection to the
utility system or activation of the account.
(b) The utility service agreement shall include the
name and address of the owner and the service address
of the premises served together with the service
requested. The agreement shall be signed by the owner
of the property or the owner’s designated agent and shall
be filed with the City before building permit issuance.
No partial utility service agreement will be issued or
approved; all services requested will be listed on the
application. The applicant shall pay all installation and
inspection fees for the utility services, as herein pro-
vided, before building permit issuance. The building
permit will not be issued until all of the applicable City
fees are paid.
(c) The applicant shall pay the general facility
charges (GFC) prior to final building inspection of the
facility for which the utility service is provided. The
final building inspection will not be conducted until all
GFCs are paid (water, wastewater, stormwater).
(d) The utility service agreement and/or the utility
billing owner/tenant change form for service shall con-
stitute a contract between the applicant and the City in
which the applicant agrees to pay for service provided at
the rate and in the manner specified.
(e) The agreement shall be effective at the time it
is signed by the Director and charges for service to the
premises shall be assessed from date of connection.
(f) Customers may request written quotes from
the Department for the fees, assessments and charges for
utility service. Such quotes are valid for ninety (90) days
from the date of the quote, or until the end of the calen-
dar year, whichever is sooner.
(g) Every utility service agreement shall become
invalid unless the work is scheduled and completed
within one hundred eighty (180) days after the utility
service agreement is approved. The customer may
request an extension prior to the expiration of the one
hundred eighty (180) days. The customer’s request must
be in writing and must explain the basis for the exten-
sion. The Director can authorize one (1) one hundred
eighty (180) day extension at his or her discretion, based
upon a determination that such extension is justified
based on the facts. If the agreement becomes invalid as
provided herein, all fees paid to the City for utility ser-
vices shall remain with the City unless the customer
requests a refund in writing. Prorating of the refund
amount shall be determined by the Director, based on
the work performed to date; if no work is performed the
maximum refund will be eighty percent (80%) to cover
administrative fees. If the City has made payments to
third parties in reliance on the utility service agreement,
those costs may be deducted from the eighty percent
(80%) refunded to the customer. (Ord. 5288 §1, 2015:
Ord. 5250 §1 (in part), 2014: Ord. 4909 §2, 2004; Ord.
4454 §1 (in part), 1994; Ord. 4442 §4, 1993; Ord. 4309
§2 (in part), 1991)
15.01.040 CONDITIONS OF SERVICE -
RETAIL.
(a) Access. The Department shall, as a condition
of providing utility service, be granted the authority by
the property owner to make reasonable periodic inspec-
tions of the service connection and related appurte-
nances. Such inspections may be by the Department or
other appropriate agency to enforce any of the provi-
sions of local, state, or federal laws, or any regulation
adopted hereunder. Failure to conform to the terms and
conditions shall constitute a breach of the agreement,
and shall entitle the Department to charge fees and
enforce penalties or discontinue water service after
notice as set forth in BMC 15.07.080 for delinquent
(water, wastewater, stormwater) accounts.
(b) Interruption/Failure of Service. The Depart-
ment reserves the right to temporarily discontinue ser-
vice at any time without notice to the consumer and the
City shall not be liable for damages for such interruption
or failure nor be held in breach of contract.
It shall further be provided that the City shall not be
held responsible for any damages resulting from defec-
tive plumbing or appliances on the premises, and the
fact that the agents of the Department or City have
inspected the plumbing and appliances shall not consti-
tute a basis of recovery. Damages to premises resulting
from the utility system having been interrupted or failed
shall not constitute a breach of contract on the part of the
Department or in any way relieve the consumer from
performing the obligations of his contract. (Ord. 5250
§1 (in part), 2014: Ord. 4454 §1 (in part), 1994; Ord.
4309 §2 (in part), 1991)
(Revised 12/15)15.01-10
15.01.050
15.01.050 CONDITION OF SERVICE -
CONTRACT.
The Department may contract for sale of surplus
water or collection of wastewater and/or stormwater
with other districts or other public agencies providing
utility service. Such services shall be through a whole-
sale contract, under such terms and conditions as shall
be deemed fair and equitable by the Department and
approved by the City Council. (Ord. 5250 §1 (in part),
2014: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in
part), 1991)
15.01.060 PENALTY FOR FALSE
INFORMATION.
The conveyance to the Department of false infor-
mation in an application for a utility service or adjust-
ment credits shall forfeit the customer’s rights to service
or credits, and the customer, in the case of a credit
adjustment, shall be required to reimburse the amount of
the credit received where based upon such false infor-
mation. (Ord. 5250 §1 (in part), 2014: Ord. 4454 §1 (in
part), 1994; Ord. 4309 §2 (in part), 1991)
15.01.070 DEVELOPER SYSTEM
IMPROVEMENT.
A property owner or owners of any specified area
situated within the utility service area requiring utility
service in conjunction with development or redevelop-
ment may petition the Department to construct public
system improvements. The Department shall review the
petition, and, subject to the utility system plan and engi-
neering and economic feasibility, authorize construction
of improvements. When completed and accepted by the
Department in writing, and upon receiving final pay-
ment, the improvements shall become part of the util-
ity’s system and shall be conveyed to the City by deed
of conveyance prior to service. (Ord. 5250 §1 (in part),
2014: Ord. 4909 §3, 2004; Ord. 4512 §1, 1995; Ord.
4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991)
15.01.075 LOCAL IMPROVEMENT
DISTRICTS.
(a) If sixty percent (60%) or more of the property
owners of a specified area situated within the utility ser-
vice area petition the City to construct public system
improvements, the City may construct said improve-
ments upon execution of a local improvement district
agreement between the property owners and the City
specifying the improvements, the terms and conditions
for the improvements, and the reimbursement of all
costs associated with the improvements. Reimburse-
ment at actual costs, as adjusted by state and City regu-
lation, for the improvements may be paid in full or in
annual installments, plus interest at a rate determined by
the City based on current market rates.
(b) Deferred payments for the construction of sys-
tem improvements shall be limited to system improve-
ments and shall exclude connection fees, inspection
fees, plan check fees, and general facility charges.
(c) The City may construct the improvements, on
behalf of the property owners, utilizing City staff, nego-
tiated contracts, or competitive bids subject to state stat-
utes governing utility construction. (Ord. 5250 §1 (in
part), 2014)
15.01.080 DEVELOPER SYSTEM
IMPROVEMENTS - FEES.
The subsequent connection to the system improve-
ments by the property owner shall be subject to applica-
ble fees for service to include general facility charges,
connection fees, and any other applicable fees estab-
lished under this title. (Ord. 5250 §1 (in part), 2014:
Ord. 4309 §2 (in part), 1991)
15.01.090 PUBLIC UTILITY
CONSTRUCTION AGREEMENT.
A permit shall be required by the Department for all
projects, alterations, repairs, or connections to the utility
system. These activities include, but are not limited to,
activities associated with the installation of new utility
systems to be constructed by others and conveyed to the
Department under the terms of a public utilities con-
struction agreement; the opening, alteration, repair, or
replacement of the utility system; the connection to the
utility system; and the abandonment or disconnection
from the utility system.
Entering into a public utilities construction agree-
ment with the City shall not relieve the agreement
holder of the responsibility for obtaining such other per-
mits and licenses as may be required by the Department,
City, county, or other districts in whose jurisdictions the
improvements/repairs are made.
The permits shall be available from the Department
with fees established by the assessment, rates, fees, and
charges set forth in Chapter 15.06 BMC. (Ord. 5250 §1
(in part), 2014)
15.01.100 DEVELOPER SYSTEM
IMPROVEMENTS -
REIMBURSEMENT
AGREEMENTS.
(a) The City may enter into reimbursement agree-
ments with property owners responsible for the installa-
tion of system improvements to provide for
reimbursement to owners by others benefiting from the
improvements and connecting to the improvements at a
later time.
Requests for reimbursement by the property owner
pursuant to this section shall be made in writing prior to
entering into the public utilities construction agreement.
Specific provisions of reimbursement shall be included
15.01-11 (Revised 12/15)
Bremerton Municipal Code 15.01.130
in the reimbursement agreement. The Department shall
determine the area that is subject to the reimbursement
and shall identify the properties benefiting from the util-
ity system improvements in a description or a drawing
that will become part of the public utilities construction
agreement.
(b) Reimbursements will be added to the City’s
permitting and licensing computer system.
(c) Reimbursement from each benefiting property
owner shall be determined by the Department as stipu-
lated in the system improvement agreement. Cost recov-
ery payments by properties benefiting from connections
to developer extensions shall be collected by the City.
(d) Reimbursement to the property owner con-
structing the improvement shall be limited to fifteen
(15) years from the date of acceptance of the improve-
ment. The City shall retain fifteen percent (15%) of the
cost recovery payments for maintaining records and
administration of the program and forward the remain-
der of the payment to the property owner who originally
constructed the water, wastewater, or stormwater sys-
tem improvement. (Ord. 5250 §1 (in part), 2014: Ord.
4909 §4, 2004; Ord. 4512 §2, 1995; Ord. 4454 §1 (in
part), 1994; Ord. 4309 §2 (in part), 1991. Formerly
15.01.090)
15.01.110 ENGINEERING DESIGN AND
CONSTRUCTION STANDARDS.
(a) The Engineering Design and Construction
Standards are those as defined and developed by the
Department and approved by the Director.
(b) An applicant may request a deviation pursuant
to BMC 11.12.080(b). (Ord. 5250 §1 (in part), 2014)
15.01.120 BONDING.
The Department shall require a performance
bond/deposit and warranty bond/deposit for all utility
work in accordance with BMC 11.02.220. (Ord. 5250 §1
(in part), 2014)
15.01.130 AUTHORITY.
The Department of Public Works and Utilities by
and through its Director is charged with the administra-
tion and enforcement of the provisions of this title. The
Director shall have the authority to:
(a) Develop and adopt procedures as needed to
implement this code and to carry out the responsibilities
of the Department.
(b) Request the assistance of other City depart-
ments to administer and enforce this code.
(c) Assign the responsibility for interpretation and
application of specified procedures to divisions within
the Department of Public Works and Utilities.
(d) Require or allow a performance or mainte-
nance assurance surety when authorized by a provision
of this chapter.
(e) Act as final authority requests for variance
from requirements of this title.
(f) Amend, interpret, and allow deviations from
the Engineering and Design Construction Standards
when the Director finds that said reasons are in the best
interest of the community. The Director is further autho-
rized to establish minimum requirements for the design
and construction of transportation facilities, utilities,
and other public infrastructure, and requirements for
protecting existing facilities during construction. The
Engineering and Design Construction Standards shall
be consistent with this code and adopted City policies.
Modifications to or deviations from adopted Engineer-
ing Design and Construction Standards must be sup-
ported, in writing, and demonstrate that the public
interest is protected, and the modification is based upon
sound engineering and/or public safety principles and
adequately addresses all relevant functional, safety,
maintenance, and aesthetic concerns. If a deviation is
requested by an applicant, the Director shall require all
necessary information to be provided by the applicant,
and the applicant shall pay all City costs, including staff
time and consultant fees, associated with reviewing and
approving the deviation request.
(g) Apply for grants to conduct transportation
improvements. (Ord. 5250 §1 (in part), 2014)
15.06-1 (Revised 12/15)
Bremerton Municipal Code 15.06.020
Chapter 15.06
ASSESSMENTS, RATES, FEES AND CHARGES
Sections:
15.06.010 PURPOSE.
15.06.015 ASSESSMENTS, RATES, FEES
AND CHARGES -
ESTABLISHED.
15.06.020 ASSESSMENTS.
15.06.025 SEWER CONSERVATION
LOAN PROGRAM.
15.06.030 RATES - WATER.
15.06.040 RATES - WASTEWATER.
15.06.050 RATES - STORMWATER.
15.06.060 MISCELLANEOUS FEES AND
CHARGES.
15.06.010 PURPOSE.
This chapter provides for the establishment of fees,
rates, and other charges for connection to or utilization
of the utility system, for providing utility service,
administration and maintenance of utility accounts, and
for the operation, maintenance, repair, and improve-
ments of the utility system. Fees, rates, and other service
charges shall include, but not be limited to, front footage
fees, general facility fees, connection charges, utility
service rates, account maintenance charges, plan check,
and system development fees and charges. All fees,
rates, and charges for service outside the City limits will
be assessed at a charge of one hundred fifty percent
(150%) of the City rate for wastewater and one hundred
fifty percent (150%) of the City rate for water. (Ord.
5250 §1 (in part), 2014: Ord. 4729, Reaffirmed,
11/30/2000; Ord. 4675, Amended, 11/30/1999; Ord.
4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991)
15.06.015 ASSESSMENTS, RATES, FEES
AND CHARGES - ESTABLISHED.
Assessments, rates, fees, and charges for services
relating to the Department for water, wastewater, storm-
water, and other related services are on file with the City
Clerk and posted on the City of Bremerton’s website.
See Chapter 3.01 BMC for the link to the City of
Bremerton’s website for rates and fees. (Ord. 5250 §1
(in part), 2014: Ord. 5131 §1, 2010: Ord. 5103 §3, 2010;
Ord. 5070 §1, 2008; Ord. 5051 §1 (Exh. A), 2008; Ord.
5030 §1 (Exh. A), 2007; Ord. 5026 §2 (Exh. A), 2007;
Ord. 4990 §1 (Exh. A), 2006; Ord. 4961 §1 (Exh. A),
2005; Ord. 4956 §1 (Exh. A), 2005; Ord. 4909 §§5, 7,
2004; Ord. 4881 §1, 2003; Ord. 4827, Amended,
11/29/2002; Ord. 4794, Amended, 05/07/2002; Ord.
4766, Amended, 08/24/2001; Ord. 4735, Reaffirmed,
11/30/2000; Ord. 4729, Reaffirmed, 11/30/2000; Ord.
4685, Amended, 12/28/1999; Ord. 4675, Added,
11/30/1999)
15.06.020 ASSESSMENTS.
(a) General Facility Charge.
(1) A general facility charge (GFC) shall be
charged on all new or expanded service connections to
the utility system (water, wastewater, and stormwater).
Existing connections (including surface area impact for
stormwater) within the system as of the effective date of
this code shall be considered to have paid their propor-
tionate share of the GFC for existing use.
(2) Commencing on January 1, 2018, and on
January 1st of each successive year thereafter, the rates,
fees and charges established in Chapter 3.01 BMC, not
otherwise adjusted by the City Council during the previ-
ous six (6) month period, shall automatically be adjusted
as follows:
i. The utility GFCs shall be adjusted
based upon the most current Seattle Construction Index
(SCI), and
ii. All other utility rates, fees and
charges shall be adjusted based on the most current Con-
sumer Price Index for all Urban Consumers, Seattle.
(3) Parcels and/or facilities which have had
utility services but have been inactive can request to
have the inactive account reactivated. When the account
is restored and/or expanded, the GFCs shall only be
charged for the additional demand placed on the water,
wastewater, or stormwater facilities. All appropriate
GFCs (water/wastewater/stormwater) will need to be
paid to reactivate the services.
(4) Parcels and/or facilities in which no utility
services are present shall be defined as new undevel-
oped parcels and shall receive no credits and shall pay
all applicable assessments, rates, fees, and charges.
(5) Parcels that have had their facilities
removed and new facilities constructed will not have to
pay additional GFCs, unless the meter size is increased.
(6) Change of meter size for the parcel and/or
facility which is a reduction in GFCs will not be
refunded or credited.
(7) Change of meter size for the parcel and/or
facility which is an increase of GFCs will require the
customer to pay for the additional GFCs before work is
performed.
(8) The calculation of the GFC for stormwater
shall be based on the total number of IHSUs added to the
parcels.
(9) The calculation of the GFC for water shall
be based on the meter size to be installed for a new or
expanded water service.
(Revised 12/15)15.06-2
15.06.025
(10)The calculation of the GFC for wastewater
shall be based on the meter size to be installed for the
new or expanded water service.
(11)Additional loading or change of use is
defined as an increased demand for wastewater treat-
ment from an existing building or structure. The addi-
tional loading may be the result of replacement or
addition to an existing structure or facility, a change in
use, or a fifteen percent (15%) or greater increase above
the permitted volume or character of the wastewater
constituents being discharged.
(12)The calculation of GFCs for stormwater
shall be based on the number of impervious hard surface
units (IHSUs) as defined in BMC 15.01.020. However,
all single-family residential parcels as defined in BMC
15.01.020 shall be one (1) IHSU.
(13)All GFCs shall be assessed and paid at the
time of execution of the utility service agreement and
prior to occupancy of the new or expanded parcel and/or
facilities and shall be in addition to rates and other fees,
assessments, and charges established for utility service.
A deferral of fees may be approved by the Director at his
or her discretion through a written agreement with the
customer which includes any interest on the outstanding
fees.
(b) Administrative Rate Adjustment. The Director
is hereby authorized to make adjustments to the GFCs
provided in this chapter and set forth in Chapter 3.01
BMC by increasing or decreasing the amount up to fifty
percent (50%) above or below the set charges in accor-
dance with the following provisions:
(1) Review. Upon written application to the
Director, an applicant may request review of an assessed
GFC as applied to the specific developed property for
which the charge has been calculated. If the applicant
disagrees with the Director’s determination, the appli-
cant may request an additional review by submitting
additional information along with a two hundred dollar
($200.00) review processing fee. The additional infor-
mation shall include an analysis from a qualified engi-
neer that is stamped and signed, specifying the reasons
why the development should qualify for a lower GFC.
The engineer’s analysis should include information
demonstrating:
i. That the impact of the proposed
growth-related system costs of the development to the
City’s utilities is less than the growth-related system
costs of other similar developments; and
ii. Why a reduced GFC for the develop-
ment is equitable in the specific circumstance of the
development.
(2) Final Determination. The Director may
uphold the earlier determination, revise the Director’s
earlier determination based on the new information or
accept an alternate calculation proposed by the appli-
cant.
(3) Appeal. The applicant may appeal the
Director’s final determination to the Administrative
Hearing Examiner pursuant to Chapter 2.13 BMC. The
appellant may pay the GFC under protest during the
appeal process. Appeals shall be filed within thirty (30)
days following the date of issuance of the Director’s
final determination. If an appeal is not timely filed, the
Director’s determination shall become final. The appel-
lant shall have the burden of proving that the Director’s
decision was not supported by substantial evidence. The
Administrative Hearing Examiner shall review and base
his/her decision on the criteria established in subsection
(b)(1) of this section as well as other related informa-
tion. The decision of the Administrative Hearing Exam-
iner shall be final.
(c) Connection/Inspection Fee. A connec-
tion/inspection fee shall be charged for all service con-
nections to the utility system. Additional fees may be
charged if a reinspection is required as a result of the
property owner/developer’s failure to comply with the
correction notice from a prior inspection, inaccessibility
of facilities for scheduled inspections, or an unsafe site.
The connection/inspection fee shall be paid at the time
of execution of the utility service agreement, or before
building permit issuance, whichever occurs sooner.
(d) Capital Reserves. The general facility funds
collected under this chapter shall be deposited in the
Utilities Capital Reserve Fund and used only for utility
system capital improvements. (Ord. 5288 §2, 2015: Ord.
5250 §1 (in part), 2014: Ord. 4909 §6, 2004; Ord. 4729,
Reaffirmed, 11/30/2000; Ord. 4675, Amended,
11/30/1000; Ord. 4512 §3, 1995; Ord. 4496 §2, 1995;
Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part),
1991)
15.06.025 SEWER CONSERVATION LOAN
PROGRAM.
(a) Property owners who meet the requirements of
this section may qualify for a loan known as a sewer
conservation loan pursuant to RCW 35.67.360. A sewer
conservation loan under this section is a loan from the
City to a property for all, or a portion, of the GFC estab-
lished under BMC 15.06.020 and any inspection fees
related to connection to the City’s wastewater system.
The principal amount of the loan authorized by this sec-
tion shall not exceed the amount of the GFC, together
with inspection fees.
(b) In order for a property owner to qualify for a
loan under this section, the property to which the con-
nection is to be made must be:
(1) Within the City’s wastewater system;
(2) A developed lot with an existing single-
family home; and
15.06-3 (Revised 12/15)
Bremerton Municipal Code 15.06.030
(3) Served by a septic system that has been
designated as a failed septic system by the Kitsap Public
Health District.
(c) In order to qualify for a loan under this section,
the property owner must:
(1) Complete a sewer conservation loan appli-
cation;
(2) Pay the sewer conservation loan applica-
tion fee;
(3) Have no utility shut-offs within the thirty-
six (36) months prior to the date of the sewer conserva-
tion loan application;
(4) Execute a promissory note and deed of
trust under the terms set out in this section;
(5) Pay the recording fee to record the deed of
trust; and
(6) If outside City limits, agree not to protest
any annexation petition that includes the property being
connected to the City’s wastewater system and grant the
City a limited power of attorney to include consent to
the annexation of said property as part of any notice of
intent or petition for annexation presented to the City.
(d) The terms of the loan shall be as follows:
(1) The loan will be structured as a simple
promissory note.
(2) The term of the note shall not exceed five
(5) years, commencing on the date the property owner
executes the promissory note.
(3) The note will bear interest at the rate
which is based on the City’s current investment yield at
the time of the loan, plus a two percent (2%) margin to
cover administrative costs and interest rate fluctuations
over the loan period.
(4) The loan will be secured by a deed of trust,
or such other instrument as may be acceptable to the
City Finance Director and City Attorney.
(5) The note shall provide for acceleration of
the principal upon default in any payment. In the event
of default, the City shall have all available remedies,
including, but not limited to, foreclosure of its interest in
the property, notification of credit bureaus, use of col-
lection agencies, and terminating service.
(6) Loan principal and interest charges will be
amortized and billed by the City and due monthly. The
monthly payment will be no lower than fifty dollars
($50.00). Appropriate penalties may be imposed by the
City for delinquent accounts.
(7) There shall be no penalty for prepayment.
(8) The note will contain a due on sale clause
which provides for payment in full of all outstanding
principal and interest upon sale of the property. Loans
shall be limited by available funds. The amount of avail-
able funds shall be at the discretion of the City Council
and shall be determined periodically by City Council
motion, resolution, or ordinance. All funds used for loan
purposes shall be derived from operating revenues from
the sale of sewer services. (Ord. 5250 §1 (in part), 2014:
Ord. 5211 §1, 2013)
15.06.030 RATES - WATER.
(a) Retail Water Rates. A general retail water rate
shall be assessed all users of the water system. A prop-
erty owner becomes a customer/user of the water system
at the closing of the sale of the property and entering
into an agreement by signing the utility billing
owner/tenant change form. The retail rate shall be calcu-
lated on a periodic billing with a zero usage charge
based on meter size and a commodity charge computed
to the nearest HCF.
(1) Sprinkler and Fire Protection Service. The
Department shall levy a general fire service charge to
users of the utility water system for fire service pro-
vided. The fire service rate shall be billed on a periodic
billing and shall be based on the assembly size installed.
Water used for purposes other than extinguish-
ing fires through a fire service connection shall be
charged at a rate not less than double the domestic rate
provided by this chapter.
(2) Temporary/Construction Water Meters.
Persons desiring temporary water service from a fire
hydrant, hose connection, or meter for the purposes of
construction, special events, or other activities that are
limited in duration shall make application to the Depart-
ment on the form provided and make a deposit estab-
lished for temporary/construction water meters. A
deposit based on meter size shall be assessed for tempo-
rary/construction water meters. The deposit may be
retained by the City to recover damage, loss, or any mis-
use of the water meter.
Temporary/construction water meters shall be
limited to six (6) month duration and may be renewed
subject to approval by the department.
The rate shall be calculated on a periodic bill-
ing with a minimum service charge based on the water
meter size and a commodity charge computed to the
nearest HCF.
(b) Wholesale Water Service. The Department
may sell water to water districts or other public agen-
cies. Such service shall be through a metered wholesale
water usage contract, under such terms and under such
conditions as shall be deemed fair and equitable by the
City. All wholesale water contracts shall be subject to
Mayoral approval and City Council authorization. (Ord.
5250 §1 (in part), 2014: Ord. 4729, Reaffirmed,
11/30/2000; Ord. 4675, Amended, 11/30/1999; Ord.
4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991)
(Revised 12/15)15.06-4/6
15.06.040
15.06.040 RATES - WASTEWATER.
(a) Retail Wastewater Rates. A general retail
wastewater rate shall be assessed of all users of the
wastewater system. A property owner becomes a cus-
tomer/user of the wastewater system at the closing of the
sale of the property and entering into an agreement by
signing the utility billing owner/tenant change form.
The retail rate shall be calculated on a periodic billing
with a zero usage fixed fee service charge and a com-
modity charge computed to the nearest HCF.
The retail rate shall be based on flow and strength
of sewage discharged by the user of the system.
Flow shall be determined by the metered amount of
domestic water usage.
Flows for summer usage for single-family, duplex,
and multifamily residential customers shall be deter-
mined based on the previous six (6) month average win-
ter domestic water usage by the customer, provided the
account was active for at least two (2) billing periods of
the preceding six (6) months. The calculation period
shall be determined by the Department based on usage
and billing cycles. In no case shall this calculation for
summer usage result in a volume less than two and one-
half (2.5) HCF per month.
In the event the customer is not connected to a City
water system that utilizes a domestic water meter, the
flow shall be determined by the Department based on
the average flow of the like customer class.
Strength shall be determined by the loadings dis-
charged by the customer and shall be segregated into
like customer classes based on their respective sewage
strengths.
(b) Multiple Residential/Commercial Units on
Single Water Meter. Any commercial account that has
residential living units above the commercial business
and/or multiple business suites/buildings served by a
single water meter will be assessed a monthly flat fee
based on the total number of units at that location. The
commercial account discharge strength will determine
the sewer rate level.
(c) Commercial or Industrial Out of Class Dis-
charge. Any commercial or industrial account that is
connected to the wastewater system and the amount of
wastewater discharged or the strength of the wastewater
discharge for that property is different than those
defined by the current billing rates will need to be
assessed on an individual basis. The assessment will be
determined and approved by the Department and a spe-
cial billing rate will be established for that business.
(Ord. 5250 §1 (in part), 2014: Ord. 5131 §3, 2010: Ord.
5054, Amended, 08/20/2008; Ord. 4766, Amended,
08/24/2001; Ord. 4729, Reaffirmed, 11/30/2000; Ord.
4675, Amended, 11/30/1999; Ord. 4454 §1 (in part),
1994; Ord. 4309 §2 (in part), 1991)
15.06.050 RATES - STORMWATER.
(a) Surface Drainage/Stormwater Rates. A general
retail stormwater rate shall be assessed on all property
within the City.
Rates shall be determined by the approximate
amount of impervious hard surface area of developed
parcel, including publicly owned property and right-of-
way.
Impervious surface, measured in equivalent imper-
vious hard surface units (IHSUs) shall be determined for
each individually developed property, except single-
family or duplex uses which shall be assigned the mini-
mum rate.
Payment of a surface drainage/stormwater rate does
not guaranty that property subject to the charges will
always or at any time be free from stormwater flooding
or flood damage or that stormwater systems capable of
handling all stormwater events can be cost effectively
operated or maintained.
(b) Improper Stormwater Inflow to Wastewater
System. A rate shall be assessed on all property owners
who have an improper stormwater discharge to the
wastewater system pursuant to the assessments, rates,
fees, and charges set forth in this chapter established for
stormwater by City Council ordinance.
Number Subject
Tables-9 (Revised 12/15)
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 12/15)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 (Repealed by 5289)
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 12/15)
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)
5277 Amends 2015 budget (Special)
5278 Adds § 2.19.040, warrant officers (2.19)
5279 Amends and recodifies Ch. 2.100 as Ch. 2.40, public access citizens advisory committee (2.40)
5280 Amends Ch. 3.36, contingency reserve fund (3.36)
5281 Bonds issuance (Special)
5282 (Number not used)
5283 Amends Ch. 7.05, prohibited animals (7.05)
5284 Amends Ch. 9.48, fireworks (9.48)
5285 Street vacation (Special)
5286 Amends § 10.04.034, inattention to driving (10.04)
5287 Amends Ords. 4875 and 5226, energy franchise (Special)
5288 Amends §§ 15.01.030 and 15.06.020 and rates and fees for department of public works and utilities,
municipal utilities (15.01, 15.06)
5289 Amends § 3.50.050; repeals Ord. 5224, utility taxes (3.50)
5290 2016 tax levy (Special)
5291 Bonds issuance (Special)
5292 Adopts 2016 budget (Special)
5293 Amends 2015 budget (Special)