Loading...
HomeMy WebLinkAbout32 bremerton0222_supp32SUPPLEMENT DIRECTIONS BREMERTON MUNICIPAL CODE Supplement No. 32 – February 2022 New, reprinted pages included with this supplement are listed by title and page number in the right-hand column below. The left-hand column lists obsolete material which should be removed from the code. Follow the instruction columns in sequence: remove and replace pages as necessary. When completed, insert these directions in a convenient place near the front of the code book. For future reference, the person making these changes may also date and initial this page. This supplement includes all legislation passed up to and including Ordinance 5445, passed December 15, 2021. The online version of the code is updated more frequently than the print version. Reference the disclaimer on the following webpage to determine whether the online code is more current than the print version: https://www.codepublishing.com/WA/Bremerton/ Remove these pages Insert these pages Title 2 2.50-1 – 2.50-2 .......................................... 2.50-1 – 2.50-2 2.50-5 ....................................................................... 2.50-5 Title 3 Table of Contents .................................. Table of Contents 3.99-1 .............................................................................. — Title 7 7.12-1 – 7.12-4 ........................................ 7.12-1 – 17.12-4 Title 9 Table of Contents .................................. Table of Contents 9.10-1 ....................................................................... 9.10-1 9.18-1 .............................................................................. — 9.88-1 ......................................................... 9.88-1 – 9.88-2 Title 9A 9A.32-1 – 9A.32-2 ............................... 9A.32-1 – 9A.32-2 9A.36-1 – 9A.36-3 ............................... 9A.36-1 – 9A.36-3 9A.40-1 – 9A.40-2 ............................... 9A.40-1 – 9A.40-2 9A.44-1 – 9A.44-3 ............................... 9A.44-1 – 9A.44-2 Title 17 17.60-1 – 17.60-10 .............................. 17.60-1 – 17.60-10 Title 20 20.70-1 – 20.70-4 .................................. 20.70-1 – 20.70-4 Tables 13 – 14 .................................................................... 13 – 15 Please call Code Publishing Company (206-527-6831) should questions arise while removing and replacing supplement pages. (Revised 2/22) Updated by: _______ Dated: ____________ 2.50-1 (Revised 2/22) Chapter 2.50 MANAGEMENT AND PROFESSIONAL STAFF COMPENSATION PROGRAM Sections: 2.50.010 POLICY STATEMENT. 2.50.020 APPLICABILITY, EXCLUSIONS AND EXEMPTIONS. 2.50.030 SALARY PLAN. 2.50.031 ADJUSTMENT OF SALARY BAND LEVELS. 2.50.032 ACTUAL SALARY RATE. 2.50.034 INITIAL BENEFITS FOR DEPARTMENT HEADS. 2.50.040 WORK SCHEDULES AND LEAVE BENEFITS. 2.50.050 SUPPLEMENTAL RETIREMENT PROGRAM PLAN. 2.50.060 RETIREMENT BENEFITS. 2.50.070 MEDICAL AND DENTAL INSURANCE BENEFITS. 2.50.080 WORKERS’ COMPENSATION. 2.50.090 SEVERANCE PAY. 2.50.010 POLICY STATEMENT. (a) It is the policy of the City of Bremerton to pro- vide a management and professional compensation pro- gram which enables the City to employ staff who possess the necessary skills and abilities to effectively: (1) Manage the delivery of existing City ser- vices and the provision of essential municipal govern- ment support functions; (2) Evaluate and plan future service needs; (3) Advise and support the policy-making activities of the City’s elected officials; and (4) Implement policy changes enacted by the elected representatives of the citizens of Bremerton. (b) It is also the policy of the City of Bremerton to structure the classification and compensation program for management and professional staff in a manner which assures that: (1) The actual duties assigned to a classifica- tion are appropriate to the assigned level of responsibil- ity; (2) Compensation levels are consistent with the level of responsibilities assumed by staff and appro- priate to the City’s financial circumstances; (3) Individual salary rates appropriately reflect each person’s performance and experience at the responsibility level assumed with the City of Bremer- ton. (c) The provisions of this program shall be applied equally to all persons included in the program without discrimination as to age, sex, marital status, race, color, creed, religion, national origin, political affiliation; or mental, physical or sensory handicap, unless based upon a bona fide occupational qualification. (Ord. 4305 §1 (in part), 1991). 2.50.020 APPLICABILITY, EXCLUSIONS AND EXEMPTIONS. (a) Applicability. The provisions of the program adopted by this chapter shall only apply to salaried man- agement and professional appointive positions desig- nated as such and authorized in the City’s annual budget; provided, however, for the City Auditor, the responsibilities of the Mayor shall be exercised by the Audit Committee, and for the City Attorney, Mayoral approvals shall be forwarded to the City Council and may be modified by the Council President. (b) Exclusion from Representation. All classifica- tions and all positions within classifications covered by this program along with other City officials represent "the employer" for purposes of labor relations. As such, no classification and no position within a classification which is included in a representation unit for the pur- pose of collective bargaining under the State of Wash- ington’s public employee collective bargaining statutes contained in Chapter 41.56 RCW shall be included in this program. (c) Noncoverage and Exemption under Fair Labor Standards Act. No classification, no position within a classification and no incumbent of a position which does not qualify for noncoverage or exemption from the Fair Labor Standards Act shall be included in this program. (Ord. 4539, Amended, 12/18/1995; Ord. 4462 §1, 1994; Ord. 4461 §3, 1994; Ord. 4452 §1, 1994; Ord. 4430 §1, 1993; Ord. 4408 §1, 1993; Ord. 4387 §1, 1992; Ord. 4358 §2, 1992; Ord. 4305 §1 (in part), 1991) 2.50.030 SALARY PLAN. A salary plan for management and professional staff shall be established and salaries set for covered employees as follows: (a) Each position included in BMC 2.50.020 shall be assigned to a salary band. Assignment of positions to bands shall be based upon general salary levels paid by municipal governments of similar size, demography and financial resources for similar responsibilities. Assigned salary bands shall not be changed or established without conducting a salary survey for the position being changed. All changes must be approved by the Mayor and City Council. (Revised 2/22)2.50-2 (b) The salary bands shall be structured as follows: (1) Band Differential. The percentage differ- ential between the maximum rates of salary bands shall be approximately five (5) percent. (2) Band Range. Salary rates of a band range shall have eight (8) rates. Rate 1 is approximately five (5) percent below Rate 2. Rate 2 through Rate 8 in the band shall be spread approximately two and one-half (2.5) percent. The spread between the minimum and maximum rates shall be approximately twenty-two (22) percent. (Ord. 5347 §1, 2018: Ord. 4984 §1, 2006: Ord. 4401 §1 (in part), 1993) 2.50.031 ADJUSTMENT OF SALARY BAND LEVELS. The City Council shall provide for adjustments to salary band levels as are consistent with the Council’s CPI salary adjustment policy each year. (Ord. 4984 §2, 2006: Ord. 4401 §1 (in part), 1993) 2.50.032 ACTUAL SALARY RATE. (a) Initial Rate. The salary rate of a person upon appointment to a management or professional position shall be set no lower than Rate 1 of the salary band to which an employee’s position is assigned. When it is in the best interest of the City, the City Council may autho- rize an initial salary of a newly hired person at a rate which exceeds Rate 1. (b) Salaries may be increased as follows: (1) Salary Rate Advancement. Each person shall be eligible for a salary rate advancement upon completion of twelve (12) full months of regular (as opposed to interim) service at each rate in the salary band. To receive a salary rate advancement, the employee must be evaluated as "meets expectations" (or equivalent) on his or her work performance evaluation. Salary rate advancements shall be an increase of one rate in the same salary band, if available. (2) Additional Advancement. Those employ- ees who receive a rating that exceeds the rating "meets expectations" (or equivalent) may be eligible to receive an additional salary rate advancement for an increase of one additional rate in the same salary band, if available, above the initial rate advancement provided in subsec- tion (b)(1) of this section. This additional advancement shall require the recommendation of the department head, or equivalent, and approval of the Mayor and City Council. (3) A rate advancement that was denied may be granted following a minimum sixty (60) day review period of the employee’s performance. (4) Notwithstanding the above, when it is in the best interest of the City, the City Council upon the recommendation of the Mayor may authorize an in- range adjustment to provide additional salary in instances of promotion, to provide for internal equity corrections, or for another reason deemed appropriate by the City Council. (c) Changes to Employee Classifications. (1) Downgrading an Employee’s Classifica- tion. Upon the City Council’s approval of downgrading a person’s classification to a lower salary band, the per- son’s initial salary rate will be set at the same rate in the new band that was in effect in the former salary band. In the event a person’s salary rate exceeds the maximum rate of the salary band to which his or her position is assigned on the date of downgrading, his or her actual salary rate shall be frozen until such time as the maxi- mum rate of the new band is equal to or greater than his or her actual salary and, at such time, the employee’s salary rate shall be set at the maximum rate of the salary band to which his or her position is assigned. (2) Upgrading an Employee’s Classification. If an employee’s classification is moved from one salary band to a higher band (excluding promotions), the employee’s salary rate at the higher band shall be set at the next rate which is higher than the salary he or she was receiving at the former band. Any additional rate advancements shall require City Council approval. The employee’s salary rate advancement date does not change. (3) Promotions. In the event an employee is promoted from one classification to a higher classifica- tion (one salary band to a higher salary band), the employee’s salary rate at the higher band shall be set at the next rate which is higher than the salary he or she was receiving at the former band. Promoted employees shall be eligible for a salary rate advancement upon completion of twelve (12) full months of regular (as opposed to interim) service at each rate in the new salary band, which shall be the employee’s new salary rate advancement date. In the event an employee is pro- moted to a management/professional classification out- side of IAFF Local 437, said employee will maintain their current and future benefits covered in the collective bargaining agreement in lieu of the benefits covered in BMC 2.50.032 through 2.50.070. Any additional rate advancements shall require City Council approval. (Ord. 5415 §1, 2021; Ord. 5210 §1, 2013: Ord. 4984 §3, 2006: Ord. 4551, Amended, 05/23/1996; Ord. 4458 §1, 1994; Ord. 4401 §1 (in part), 1993) 2.50-5 (Revised 2/22) (g) Military Leave. A leave of absence with pay for a period not to exceed twenty-one (21) working days is granted for the purpose of responding to training orders as a member of the organized military reserves of the United States or of the State of Washington. (h) Administrative Leave. The Mayor may place any manager or professional staff member on paid administrative leave for up to thirty (30) working days under circumstances which make it appropriate that the person be absent from the work place during the inves- tigation, resolution or pendency of procedures appropri- ate to the circumstances involving the manager or professional staff member. The Mayor may place other lawful conditions upon the person on administrative leave as are deemed appropriate by the Mayor. (i) Leave of Absence. A leave of absence without compensation may be granted by the Mayor for a period of up to thirty (30) working days and may be subse- quently extended with the approval of the City Council. Any leave of absence greater than thirty (30) days will be without compensation and benefits unless required by law. (Ord. 5425 § 2, 2021; Ord. 5210 §2, 2013: Ord. 5074 §1, 2009; Ord. 4551, Amended, 05/23/1996; Ord. 4305 §1 (in part), 1991) 2.50.050 SUPPLEMENTAL RETIREMENT PROGRAM PLAN. The City will contribute a total of four percent (4%) of gross salary to options selected by each person from City deferred compensation and/or tax exempt benefits made available through approved City policies. (Ord. 5443 §1, 2021; Ord. 4305 §1 (in part), 1991) 2.50.060 RETIREMENT BENEFITS. Each manager or professional staff member cov- ered by this program will be enrolled in the Federal OASDI and/or State of Washington LEOFF I or II, or PERS I, II or III, or PSERS retirement system for which he or she qualifies. Contributions to the respective retirement systems by the City and by each employee will be made in conformance with Federal FICA Laws and State Retirement Laws. (Ord. 5210 §4, 2013: Ord. 4305 §1 (in part), 1991) 2.50.070 MEDICAL AND DENTAL INSURANCE BENEFITS. (a) A manager or professional staff member cov- ered by this program and who qualifies for and is a member of the LEOFF I or II, and PERS I, II or III State Retirement Systems has the same medical and dental insurance plans, coverages and premium payments made available to him or her as are granted to the repre- sented employees employed in his or her department who are included in that particular system. A manager or professional staff member who can provide documenta- tion of alternative medical insurance coverage may elect to receive two hundred fifty dollars ($250.00) per month in lieu of enrolling in a medical plan offered by the City. The City will pay one hundred (100) percent of the cost of coverage for employees and dependents for vision coverage provided through the Association of Washing- ton Cities. (b) The City will offer short-term disability insur- ance coverage to management and professional employ- ees on a voluntary basis, which will be paid by the employee through payroll deduction. (Ord. 5210 §3, 2013: Ord. 4984 §4, 2006: Ord. 4305 §1 (in part), 1991) 2.50.080 WORKERS’ COMPENSATION. Each manager and staff member shall receive such workers’ compensation benefits as are provided by the City pursuant to State laws. A manager or staff member who incurs a work-related illness or injury and who qualifies to receive workers’ compensation benefits shall be allowed to use accrued sick leave to supplement the workers’ compensation benefits so as to provide the same salary he or she would have received for full-time active service, taking into account that workers’ com- pensation payments are not subject to federal or social security taxes. In no event shall the combination of workers’ compensation and sick leave exceed the amount of an employee’s regular salary at any time of the disability period. (Ord. 4305 §1 (in part), 1991) 2.50.090 SEVERANCE PAY. Unless otherwise provided pursuant to the City Charter, ordinance, or civil service rule or regulation as applicable, a manager or professional staff member may be separated from employment without cause ("at will") from a position included in this program upon receiving thirty (30) calendar days’ written notice of separation or pay in lieu of all or part of said notice. A person so sep- arated shall not have the right to displace any other per- son employed by the City by virtue of employment in a management or professional position. The person so separated shall receive severance pay upon separation based upon years of employment with the City as fol- lows: (a) Through two (2) full years of employment: two (2) months’ severance pay. (b) Through five (5) full years of employment: two and one-half (2.5) months’ severance pay. (c) Over five (5) years of employment: three (3) months’ severance pay. (Ord. 4810, Amended, 09/14/2002; Ord. 4305 §1 (in part), 1991) (Revised 2/22) 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 7.12-1 (Revised 2/22) Bremerton Municipal Code 7.12.010 Chapter 7.12 DANGEROUS ANIMALS Sections: 7.12.010 POTENTIALLY DANGEROUS ANIMALS. 7.12.020 FAILURE TO CONTROL AN ANIMAL DECLARED POTENTIALLY DANGEROUS. 7.12.030 DANGEROUS ANIMALS. 7.12.040 POSSESSION OF AN ANIMAL DECLARED DANGEROUS. 7.12.010 POTENTIALLY DANGEROUS ANIMALS. (a) Declaration of an Animal as Potentially Dan- gerous. The Animal Control Authority shall have the authority to declare and restrict an animal potentially dangerous, if the Animal Control Authority has proba- ble cause to believe that the animal falls within the defi- nitions set forth in BMC 7.04.020(bb). The declaration must be based upon: (1) The written complaint of a citizen who is willing to testify that the animal has acted in a manner which causes it to fall within the definition of BMC 7.04.020(bb); (2) Animal bite reports filed with the Animal Control Authority; (3) Actions of the animal witnessed by any employee of the Animal Control Authority or law enforcement officer; or (4) Other substantial evidence. (b) Exclusions. An animal shall not be declared potentially dangerous if the Animal Control Authority determines, by a preponderance of the evidence, that the threat, injury, or bite alleged to have been committed by the animal was sustained by a person who was at the time committing a willful trespass or other tort upon the premises occupied by the owner of the animal, or who was tormenting, abusing, or assaulting the animal, or who had been in the past observed or reported to have tormented, abused, or assaulted the animal, or who was committing or attempting to commit a crime. (c) Restrictions. The Animal Control Authority may impose any or all of the following restrictions on an animal to protect the public safety or other animals: (1) Training. The Animal Control Authority may require the owner of the potentially dangerous ani- mal and the animal to attend, complete, and pay all costs associated with an accredited obedience/training class or seminar. The Animal Control Authority shall pre- approve any choice of class by the owner of the animal, and proof of satisfactory completion of such training shall be provided to the Animal Control Authority upon completion, even if such type of training has been com- pleted by the animal in the past. (2) Restraint. The Animal Control Authority may require the owner of the potentially dangerous ani- mal to muzzle, leash, collar, confine, lock, isolate, or remove the animal from the City, or any combination of the foregoing. (3) Indemnification. The Animal Control Authority may require the owner of the potentially dan- gerous animal to prove purchase of liability insurance or bond and renewals in the amount of fifty thousand dol- lars ($50,000) or more, as set by the Animal Control Authority. The insurer/bond issuer must be qualified under RCW Title 48 and must provide coverage/funds to offset any injuries inflicted by the potentially danger- ous animal. All costs associated with the insurance/bond must be paid by the insured. (4) Warning. The Animal Control Authority may require the owner of a potentially dangerous animal to post all entrances to any property where such animal is located with such visible warning sign(s) as the Ani- mal Control Authority deems necessary. (5) Financial Responsibility. The Animal Control Authority may require the owner of a poten- tially dangerous animal to pay any costs associated with enforcement of this section including, but not limited to, those stated above. (d) Prohibited Ownership. No person(s) under the age(s) of eighteen (18) years old shall own a potentially dangerous animal, as defined in BMC 7.04.020(bb). (e) Notice of Animal Control Authority Declara- tion. If the Animal Control Authority receives a report of a potentially dangerous animal, it shall immediately initiate an investigation including, but not limited to, interviewing the complainant(s), interviewing the owner of the animal, if known, and observing the ani- mal. Upon completion of its investigation, if the animal is declared potentially dangerous, the Animal Control Authority shall prepare a written declaration. The decla- ration shall include, but is not limited to, a description of the animal, the name and address of the owner of the animal, if known, a brief summary of the facts upon which the declaration is based, a statement of any restrictions placed on the animal or owner as a conse- quence of the declaration, a statement of the penalties for further violations, and notice of the right to appeal the declaration. (f) Service of Notice of Declaration. The Animal Control Authority shall personally serve or send by cer- tified mail its declaration to the owner of the animal. If the owner is unknown, the Animal Control Authority (Revised 2/22)7.12-2 7.12.020 shall make reasonable efforts to notify the owner of its written declaration. (g) Appeal to the Municipal Court Hearing Exam- iner. The owner of an animal declared potentially dan- gerous shall have seven (7) calendar days from receipt of the written declaration to appeal the declaration to the Municipal Court Hearing Examiner pursuant to BMC 2.62.045. Unless otherwise agreed to by the animal owner, the appeal hearing must be scheduled to be heard within twenty-one (21) calendar days from the City’s receipt of the notice of appeal. The Municipal Court Hearing Examiner shall provide written notice of the hearing date and time to the owner of the potentially dangerous animal and to the Animal Control Authority. Such notice must be provided at least seven (7) calendar days prior to the scheduled hearing. (h) Hearing Before the Municipal Court Hearing Examiner. At the appeal hearing before the Municipal Court Hearing Examiner, the Animal Control Authority shall have the burden of proving that the animal is potentially dangerous by a preponderance of the evi- dence. The owner of the animal may present evidence in defense of the animal. The Municipal Court Hearing Examiner shall weigh the evidence presented by both the Animal Control Authority and the owner (if applica- ble), and shall issue a written decision to the appealing animal owner and Animal Control Authority that either sustains or reverses the Animal Control Authority’s dec- laration. (i) Change of Ownership, Custody, and/or Resi- dence. Owners of an animal that has been declared potentially dangerous who sell, barter, or otherwise transfer the ownership, custody, or residence of the ani- mal shall, within fourteen (14) calendar days of the change, inform the Animal Control Authority in writing of the name, address, and telephone number of the new owner, and/or the address of the new residence where the animal is located. Such notice shall also include the name, description, and license number of the animal. In the event the ownership and/or custody of the animal changes, the owner shall notify the new owner in writing of the details of the animal’s record relating to being declared potentially dangerous and the terms and condi- tions of the declaration. The owner shall also provide the Animal Control Authority with a copy of the written notification that shall contain a notarized statement by the new owner acknowledging receipt of the original notification. (j) Failure to Abide by Restraints. Failure on the part of the owner(s) of a potentially dangerous animal to abide by the restraints placed upon the owner(s) or their animal by the Animal Control Authority, Municipal Court Hearing Examiner, district court, or superior court may result in impoundment of the potentially dangerous animal by the Animal Control Authority as well as fur- ther punitive action pursuant to BMC 7.12.020. (Ord. 5438 §1, 2021; Ord. 4949 §1 (part), 2005: Ord. 4866 §1 (in part), 2003; Ord. 4807, Repealed & Replaced, 06/28/2002) 7.12.020 FAILURE TO CONTROL AN ANIMAL DECLARED POTENTIALLY DANGEROUS. (a) Misdemeanor. When an animal has been previ- ously declared potentially dangerous, by a court, Ani- mal Control Authority or Municipal Court Hearing Examiner, the owner of the potentially dangerous ani- mal shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2) if such animal is thereafter found: (1) At large; (2) To have, when unprovoked, inflicted a bite(s) upon a human, pet, or livestock either on public or private property; (3) To have chased or approached a person upon the streets, sidewalks, or any other public grounds in such a manner as to significantly threaten the safety of humans, pets, or livestock; or (4) To have caused injury to or otherwise threatened the safety of humans, pets, or livestock. This section shall not preclude immediate criminal prosecu- tion under RCW 16.08.100 in a first bite situation caus- ing severe injury or death of any human. (b) Impoundment of Potentially Dangerous Ani- mals. In the event that a potentially dangerous animal is impounded due to the owner’s failure to abide by the restraints imposed by the Animal Control Authority, Municipal Court Hearing Examiner, district court, supe- rior court or Municipal Court, the animal shall be for- feited to the Animal Control Authority unless the owner of the animal makes a written request for a hearing before the Municipal Court Hearing Examiner in the same manner as an appeal pursuant to BMC 2.62.045 within seven (7) calendar days of the date the notice of impound was provided. If a hearing is requested, the hearing must be scheduled to be heard within twenty- one (21) calendar days from the City’s receipt of the request for a hearing, unless otherwise agreed to by the animal owner. The Municipal Court Hearing Examiner shall determine whether it is in the best interest of the community that the animal should be returned to the owner, forfeited by the owner to the Animal Control Authority, or euthanized by the Animal Control Author- ity. The Municipal Court Hearing Examiner shall pro- vide written notice of the hearing date and time to the owner of the animal and to the Animal Control Author- ity. Such notice must be provided at least seven (7) cal- endar days prior to the scheduled hearing. (Ord. 5438 §1, 2021; Ord. 4949 §1 (part), 2005: Ord. 4866 §1 (in part), 2003; Ord. 4807, Repealed & Replaced, 06/28/2002) 7.12-3 (Revised 2/22) Bremerton Municipal Code 7.12.030 7.12.030 DANGEROUS ANIMALS. (a) Declaration of an Animal as Dangerous. The Animal Control Authority shall have the authority to declare an animal as dangerous if the Animal Control Authority has probable cause to believe that the animal falls within the definition set forth in BMC 7.04.020(n). The declaration must be based upon: (1) The written complaint of a citizen who is willing to testify that the animal has acted in a manner which causes it to fall within the definition of BMC 7.04.020(n); (2) Animal bite reports filed with the Animal Control Authority; (3) Actions of the animal witnessed by any employee of the Animal Control Authority or law enforcement officer; or (4) Other substantial evidence. (b) Exclusions. An animal shall not be declared dangerous if the Animal Control Authority determines, by a preponderance of the evidence, that the threat, injury, or bite alleged to have been committed by the animal was sustained by a person who was at the time committing a willful trespass or other tort upon the premises occupied by the owner of the animal, or who was tormenting, abusing, or assaulting the animal, or who had been in the past observed or reported to have tormented, abused, or assaulted the animal, or who was committing or attempting to commit a crime. (c) Possession Unlawful. It shall be unlawful to possess an animal, inside the City limits of Bremerton, that has been declared to be dangerous by any agency, Animal Control Authority, municipality or court. This prohibition on possession does not apply to the Animal Control Authority or Police Department. It is a gross misdemeanor to violate this provision. (d) Euthanasia. If the Animal Control Authority determines that the restrictions placed on the ownership of dangerous dogs/animals by Chapter 16.08 RCW or other applicable state statutes are insufficient to protect the public from a particular animal declared dangerous, the Animal Control Authority may order the animal euthanized. (e) Notice of Animal Control Authority Declara- tion. If the Animal Control Authority receives a report of a dangerous animal, it shall immediately initiate an investigation including, but not limited to, interviewing the complainant(s), interviewing the owner of the ani- mal, if known, and observing the animal. Upon comple- tion of its investigation, if the animal is declared dangerous, the Animal Control Authority shall prepare a written declaration. The declaration shall include, but is not limited to, a description of the animal, the name and address of the owner of the animal, if known, a brief summary of the facts upon which the declaration is based, a statement of any restrictions placed on the ani- mal or owner as a consequence of the declaration, a statement of the penalties for further violations, and notice of the right to appeal the declaration. (f) Service of Notice of Declaration. The Animal Control Authority shall personally serve or send by cer- tified mail its declaration to the owner of the animal. If the owner is unknown, the Animal Control Authority shall make reasonable efforts to notify the owner of its written declaration. (g) Appeal to the Municipal Court Hearing Exam- iner. The owner of an animal declared dangerous shall have seven (7) calendar days, from receipt of the written declaration, to appeal the declaration of the Animal Control Authority to the Municipal Court Hearing Examiner pursuant to BMC 2.62.045. Unless otherwise agreed to by the animal owner, the appeal hearing must be scheduled to be heard within twenty-one (21) calen- dar days from the City’s receipt of the notice of appeal. The Municipal Court Hearing Examiner shall provide written notice of the hearing date and time to the owner of the animal and the Animal Control Authority. (h) Hearing Before the Municipal Court Hearing Examiner. At the appeal hearing before the Municipal Court Hearing Examiner, the Animal Control Authority shall have the burden of proving that the animal is dan- gerous by a preponderance of the evidence. The owner of the animal may present evidence in defense of the animal. The Municipal Court Hearing Examiner shall weigh the evidence presented by both the Animal Con- trol Authority and the owner (if applicable), and shall issue a written decision to the appealing animal owner and Animal Control Authority that either sustains or reverses the Animal Control Authority’s declaration. If the declaration is sustained or reversed by the Municipal Court Hearing Examiner, the appealing animal owner or the Animal Control Authority shall be notified of the right to appeal. If the declaration is reversed and an appeal is not timely filed by the Animal Control Author- ity, any restrictions on the animal previously imposed shall be annulled. (i) Change of Ownership, Custody, and/or Resi- dence. Owners of an animal that has been declared dan- gerous who sell, barter, or otherwise transfer the ownership, custody, or residence of the animal shall, within fourteen (14) calendar days of the change, inform the Animal Control Authority in writing of the name, address, and telephone number of the new owner, and/or the address of the new residence where the animal is located. Such notice shall also include the name, description, and license number of the animal. In the event the ownership and/or custody of the animal changes, the owner shall notify the new owner in writing of the details of the animal’s record relating to being declared dangerous and the terms and conditions of the declaration. The owner shall also provide the Animal Control Authority with a copy of the written notification (Revised 2/22)7.12-4 7.12.040 that shall contain a notarized statement by the new owner acknowledging receipt of the original notifica- tion. (Ord. 5438 §1, 2021; Ord. 4949 §1 (part), 2005: Ord. 4866 §1 (in part), 2003; Ord. 4807, Repealed & Replaced, 06/28/2002) 7.12.040 POSSESSION OF AN ANIMAL DECLARED DANGEROUS. (a) Gross Misdemeanor. When an animal has been previously declared dangerous, by a court, Animal Con- trol Authority or Municipal Court Hearing Examiner, the owner of the dangerous animal shall be guilty of a gross misdemeanor pursuant to BMC 1.12.020(1) if such animal is thereafter found: (1) In the owner’s possession inside Bremer- ton City limits; or (2) Inside City limits under circumstances evidencing that the animal was intentionally brought into the City by the owner or at the request or acquies- cence of the owner. (b) Impoundment of Dangerous Animals. In the event that a dangerous animal is impounded due to the animal being found within the Bremerton City limits, the animal shall be forfeited to the Animal Control Authority unless the owner of the animal makes a writ- ten request for a hearing within seven (7) calendar days of the date the notice of impound was provided to the owner of the animal. If a hearing is requested, the hear- ing must be scheduled to be heard within twenty-one (21) calendar days from the day of the City’s receipt of the request for a hearing before the Municipal Court Hearing Examiner in the same manner as an appeal pur- suant to BMC 2.62.045 unless otherwise agreed to by the animal owner. The Municipal Court Hearing Exam- iner shall determine whether it is in the best interest of the community that the animal should be returned to the owner, forfeited by the owner to the Animal Control Authority, or euthanized by the Animal Control Author- ity. The Municipal Court Hearing Examiner shall pro- vide written notice of the hearing date and time to the owner of the potentially dangerous animal and to the Animal Control Authority. Such notice must be pro- vided at least seven (7) days prior to the scheduled hear- ing. (Ord. 5438 §1, 2021; Ord. 4949 §1 (part), 2005: Ord. 4866 §1 (in part), 2003; Ord. 4807, Repealed & Replaced, 06/28/2002) (Revised 2/22) Title 9 PEACE, SAFETY AND MORALS Chapters: 9.06 POLICE DOGS 9.10 TOW TRUCK ROSTER 9.12 TOW TRUCK SERVICES 9.20 PAWNBROKERS AND SECOND-HAND DEALERS 9.24 PROSTITUTION 9.29 NUDITY IN PUBLIC PLACES 9.32 UNAUTHORIZED CAMPING 9.34 HOTELS/MOTELS 9.37 UNFAIR HOUSING PRACTICES 9.39 SOLICITING 9.48 FIREWORKS 9.50 SOLVENT INHALATION 9.88 DRUG OFFENSES 9.89 DRUG RELATED LOITERING 9.92 CHRONIC NUISANCE PROPERTIES 9.10-1 (Revised 2/22) Chapter 9.10 TOW TRUCK ROSTER Sections: 9.10.010 TOWING ROSTER. 9.10.020 ELIGIBILITY QUALIFICATIONS. 9.10.030 ROTATING ROSTER. 9.10.040 ADDITIONS TO ROSTER. 9.10.050 COMPLIANCE WITH STATE LAW. 9.10.060 FEES. 9.10.010 TOWING ROSTER. The Chief of Police shall establish a roster of com- panies qualified to provide City authorized and City requested towing services. Any towing company which meets the requirements set forth in BMC 9.10.020 shall, upon request, be placed on the roster. (Ord. 4391 §1 (in part), 1992) 9.10.020 ELIGIBILITY QUALIFICATIONS. In order to be eligible to provide City authorized and City requested towing to the City, a towing operator shall: (a) Own and maintain within the City at least three (3) Class A tow trucks; (b) Own and maintain within the City at least one (1) Class C tow truck; (c) Maintain an impound lot located within one (1) mile of the City of Bremerton; (d) Whenever an operator is not open for business and does not have personnel present at the impound lot, the operator must post a phone number at that location for purposes of public contact for release of vehicles and/or personal property. An operator must maintain personnel who can be contacted twenty-four (24) hours a day to release impounded vehicles within a sixty (60) minute period of time; and (e) Possess a valid City of Bremerton business license. (Ord. 5437 §1, 2021; Ord. 4391 (in part), 1992) 9.10.030 ROTATING ROSTER. Towing operators placed by the Chief of Police on the roster maintained in accordance with BMC 9.10.010 shall have the exclusive right to provide City authorized and City requested tows; provided, however, That the various individual towing operators shall be granted such right on a rotating basis, for periods of thirty (30) days; and Provided, further, That if during the towing operator’s period of rotation the City has need for tow- ing services which the towing operator does not possess the equipment to meet, the City may, at its option, request towing services from any towing operator capa- ble of meeting those needs. (Ord. 4391 (in part), 1992) 9.10.040 ADDITIONS TO ROSTER. Towing operators which qualify for placement upon the roster after the initial roster is established shall enter the rotation provided for in BMC 9.10.030 only after each operator on the roster has completed one addi- tional month in the rotation. (Ord. 4391 (in part), 1992) 9.10.050 COMPLIANCE WITH STATE LAW. All tow operators maintained on the roster operated or created herein shall comply with requirements set forth in RCW 46.55. The failure of a contractor to com- ply with the requirements set forth therein shall result in its name being stricken from the roster. (Ord. 4391 (in part), 1992) 9.10.060 FEES. Fees charged by the towing operators to the City for City authorized and City requested tows shall be those then in effect under the Washington State Patrol towing contract with the exception that no additional fees will be charged for release of property after regular business hours. (Ord. No. 4391 (in part), 1992) 9.88-1 (Revised 2/22) Chapter 9.88 DRUG OFFENSES Sections: 9.88.010 DEFINITIONS. 9.88.020 MARIJUANA - POSSESSION. 9.88.030 MARIJUANA - IN VIEW OF GENERAL PUBLIC - INFRACTION. 9.88.040 DRUG PARAPHERNALIA - PROHIBITED ACTS. 9.88.050 DRUG PARAPHERNALIA - SELLING OR GIVING - INFRACTION. 9.88.070 LEGEND DRUGS - POSSESSION WITHOUT PRESCRIPTION. 9.88.080 COUNTERFEIT SUBSTANCES. 9.88.090 POSSESSION OF CONTROLLED SUBSTANCES. 9.88.010 DEFINITIONS. The following definitions are hereby adopted: (a) RCW 69.50.101 entitled "Definitions" is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (b) RCW 69.50.102 entitled "Drug paraphernalia - Definitions" is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (c) RCW 69.50.201 entitled "Enforcement of chapter - Authority to change schedules of controlled substances" is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (d) RCW 69.50.202 entitled "Nomenclature" is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (e) RCW 69.50.203 entitled "Schedule I tests" is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (f) RCW 69.50.204 entitled "Schedule I" is hereby adopted by reference as currently enacted and as herein- after amended from time to time, and shall be given the same force and effect as if set forth herein in full. (g) RCW 69.50.205 entitled "Schedule II tests" is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (h) RCW 69.50.206 entitled "Schedule II" is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (i) RCW 69.50.207 entitled "Schedule III tests" is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (j) RCW 69.50.208 entitled "Schedule III" is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (k) RCW 69.50.209 entitled "Schedule IV tests" is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (l) RCW 69.50.210 entitled "Schedule IV" is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (m) RCW 69.50.211 entitled "Schedule V tests" is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (n) RCW 69.50.212 entitled "Schedule V" is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (o) RCW 69.50.213 entitled "Republishing of schedules" is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (p) RCW 69.50.214 entitled "Controlled substance analog" is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5432 §1, 2021; Ord. 5204 §1 (part), 2012: Ord. 4850 §1 (in part), 2003) 9.88.020 MARIJUANA - POSSESSION. RCW 69.50.4013 and 69.50.4014 and Initiative No. 502 Section 15, with the exception of those provisions contained therein for which a violation constitutes a fel- (Revised 2/22)9.88-2 ony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5204 §1 (part), 2012: Ord. 4850 §1 (in part), 2003) 9.88.030 MARIJUANA - IN VIEW OF GENERAL PUBLIC - INFRACTION. Chapter 69.50 RCW, Initiative No. 502 Section 21 (Judicial Information System No. 13C3521) relating to the opening, use or consumption of marijuana, usable marijuana or marijuana-infused products in view of the general public is hereby adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. A person who violates this sec- tion is guilty of a class 3 civil infraction pursuant to RCW 7.80.120(1)(c) as currently enacted and as herein- after amended from time to time. (Ord. 5204 §1 (part), 2012) 9.88.040 DRUG PARAPHERNALIA - PROHIBITED ACTS. RCW 69.50.412 is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5204 §1 (part), 2012: Ord. 4850 §1 (in part), 2003. Formerly 9.88.030) 9.88.050 DRUG PARAPHERNALIA - SELLING OR GIVING - INFRACTION. RCW 69.50.4121 is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5204 §1 (part), 2012) 9.88.070 LEGEND DRUGS - POSSESSION WITHOUT PRESCRIPTION. RCW 69.41.030, with the exception of those provi- sions contained therein for which a violation constitutes a felony crime, is hereby adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. For purposes of this section, and as defined in RCW 69.41.010, "legend drugs" means any drugs which are required by state law or regulation of the State Board of Pharmacy to be dispensed on pre- scription only or are restricted to use by practitioners only. A violation of this section constitutes a misde- meanor. (Ord. 5204 §1 (part), 2012) 9.88.080 COUNTERFEIT SUBSTANCES. RCW 69.50.4011, with the exception of those pro- visions contained therein for which a violation consti- tutes a felony crime, is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5432 §3, 2021) 9.88.090 POSSESSION OF CONTROLLED SUBSTANCES. RCW 69.50.4013, with the exception of those pro- visions contained therein for which a violation consti- tutes a felony crime, is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5432 §4, 2021) 9A.32-1 (Revised 2/22) Chapter 9A.32 ASSAULT Sections: 9A.32.010 ASSAULT. 9A.32.020 RECKLESS ENDANGERMENT. 9A.32.030 COERCION. 9A.32.050 HARASSMENT. 9A.32.060 TELEPHONE CALLS TO HARASS, INTIMIDATE, TORMENT OR EMBARRASS. 9A.32.070 DOMESTIC VIOLENCE - STATE STATUTES ADOPTED BY REFERENCE. 9A.32.080 ORDER FOR PROTECTION AND RESTRAINING ORDER - STATE STATUTES ADOPTED BY REFERENCE. 9A.32.090 CUSTODIAL INTERFERENCE. 9A.32.100 INTERFERING WITH THE REPORTING OF DOMESTIC VIOLENCE. 9A.32.110 STALKING. 9A.32.120 CRIMINAL MISTREATMENT. 9A.32.130 SEXUAL MOTIVATION. 9A.32.140 CYBERSTALKING. 9A.32.150 DISCLOSING INTIMATE IMAGES. 9A.32.010 ASSAULT. RCW 9A.36.041 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §1 (part), 2013: Ord. 4850 §2 (in part), 2003) 9A.32.020 RECKLESS ENDANGERMENT. RCW 9A.36.050 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §1 (part), 2013: Ord. 4850 §2 (in part), 2003) 9A.32.030 COERCION. RCW 9A.36.070 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §1 (part), 2013: Ord. 4850 §2 (in part), 2003) 9A.32.050 HARASSMENT. RCW 9A.46.020 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §1 (part), 2013: Ord. 4850 §2 (in part), 2003) 9A.32.060 TELEPHONE CALLS TO HARASS, INTIMIDATE, TORMENT OR EMBARRASS. The following sections of Chapter 9.61 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as herein- after amended from time to time, and shall be given the same force and effect as if set forth herein in full: RCW 9.61.230 Defined. RCW 9.61.240 Permitting telephone to be used. RCW 9.61.250 Offense where deemed committed. (Ord. 5208 §1 (part), 2013: Ord. 4850 §2 (in part), 2003) 9A.32.070 DOMESTIC VIOLENCE - STATE STATUTES ADOPTED BY REFERENCE. Chapters 9A.36, 10.99 and 26.50 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5431 §1, 2021; Ord. 5208 §1 (part), 2013: Ord. 4850 §2 (in part), 2003) 9A.32.080 ORDER FOR PROTECTION AND RESTRAINING ORDER - STATE STATUTES ADOPTED BY REFERENCE. RCW 26.09.300 and Chapters 10.14 and 26.50 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §1 (part), 2013: Ord. 4850 §2 (in part), 2003) 9A.32.090 CUSTODIAL INTERFERENCE. The following statutes of the State, with the excep- tion of those provisions contained therein for which a violation constitutes a felony crime, are adopted by ref- erence as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full: RCW 9A.40.070 Custodial interference in the second degree. (Revised 2/22)9A.32-2 RCW 9A.40.080 Custodian interference - Assessment of costs - Defense - Consent defense, restricted. (Ord. 5208 §1 (part), 2013: Ord. 4850 §2 (in part), 2003) 9A.32.100 INTERFERING WITH THE REPORTING OF DOMESTIC VIOLENCE. RCW 9A.36.150 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5431 §2, 2021; Ord. 5208 §1 (part), 2013: Ord. 4850 §2 (in part), 2003) 9A.32.110 STALKING. RCW 9A.46.110, with the exception of those provi- sions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §1 (part), 2013: Ord. 4850 §2 (in part), 2003) 9A.32.120 CRIMINAL MISTREATMENT. The following sections of Chapter 9A.42 RCW, with the exception of those provisions contained therein from which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full: RCW 9A.42.005 Findings and intent - Christian Science treatment - Rules of evidence. RCW 9A.42.010 Definitions. RCW 9A.42.035 Criminal mistreatment in the third degree. RCW 9A.42.037 Criminal mistreatment in the fourth degree. RCW 9A.42.040 Withdrawal of life support systems. RCW 9A.42.045 Palliative care. RCW 9A.42.050 Defense of financial inability. RCW 9A.42.080 Abandonment of a dependent person in the third degree - Exception. RCW 9A.42.090 Abandonment of a dependent person - Defense. RCW 9A.42.110 Leaving a child in the care of a sex offender. (Ord. 5208 §1 (part), 2013: Ord. 4850 §2 (in part), 2003) 9A.32.130 SEXUAL MOTIVATION. (1) The prosecuting attorney shall file a special allegation of sexual motivation in every criminal case when sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evi- dence, would justify a finding of sexual motivation by a reasonable and objective fact finder. (2) In a criminal case wherein there has been a spe- cial allegation the state shall prove beyond a reasonable doubt that the accused committed the crime with a sex- ual motivation. The court shall make a finding of fact of whether or not a sexual motivation was present at the time of the commission of the crime, or if a jury trial is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether or not the defendant committed the crime with a sexual motivation. (3) The prosecuting attorney shall not withdraw the special allegation of sexual motivation without approval of the court through an order of dismissal of the special allegation. The court shall not dismiss this special allegation unless it finds that such an order is necessary to correct an error in the initial charging deci- sion or unless there are evidentiary problems which make proving the special allegation doubtful. (4) "Sexual motivation" means that one (1) of the purposes for which the defendant committed the crime was for the purpose of his or her sexual gratification. (Ord. 5431 §3, 2021; Ord. 5208 §1 (part), 2013: Ord. 5146 §1, 2011) 9A.32.140 CYBERSTALKING. RCW 9.61.260, with the exception of those provi- sions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §1 (part), 2013) 9A.32.150 DISCLOSING INTIMATE IMAGES. RCW 9A.86.010, with the exception of those provi- sions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5431 §4, 2021) 9A.36-1 (Revised 2/22) Chapter 9A.36 THEFT AND ROBBERY Sections: 9A.36.010 DEFINITIONS. 9A.36.020 THEFT - DEFINED. 9A.36.030 THEFT IN THE THIRD DEGREE. 9A.36.040 UNLAWFUL ISSUANCE OF CHECKS OR DRAFTS. 9A.36.050 THEFT OF RENTAL PROPERTY. 9A.36.060 SHOPPING CART THEFT. 9A.36.070 THEFT OF CABLE TELEVISION SERVICES. 9A.36.080 POSSESSING STOLEN PROPERTY - DEFINITIONS, CREDIT CARDS, PRESUMPTION. 9A.36.090 POSSESSING STOLEN PROPERTY IN THE THIRD DEGREE. 9A.36.100 RESTORATION OF STOLEN PROPERTY - DUTY OF OFFICERS. 9A.36.110 MALICIOUS MISCHIEF IN THE THIRD DEGREE. 9A.36.120 MALICIOUS MISCHIEF AND PHYSICAL DAMAGE - DEFINED. 9A.36.130 TRESPASS - DEFINITIONS. 9A.36.140 CRIMINAL TRESPASS IN THE FIRST DEGREE. 9A.36.150 CRIMINAL TRESPASS IN THE SECOND DEGREE. 9A.36.160 SURVEILING. 9A.36.170 CRIMINAL TRESPASS - DEFENSES. 9A.36.180 VEHICLE PROWLING. 9A.36.190 COMPUTER TRESPASS IN THE SECOND DEGREE. 9A.36.200 COMPUTER TRESPASS - COMMISSION OF OTHER CRIME. 9A.36.210 MAKING OR HAVING BURGLARY TOOLS. 9A.36.220 FAILURE TO PAY FARE - PUBLIC CONVEYANCE. 9A.36.230 OBSTRUCTING IDENTITY OF MACHINE. 9A.36.240 RECKLESS BURNING IN THE SECOND DEGREE. 9A.36.250 TAMPERING WITH FIRE ALARM OR FIREFIGHTING EQUIPMENT. 9A.36.010 DEFINITIONS. RCW 9A.56.010 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003) 9A.36.020 THEFT - DEFINED. RCW 9A.56.020 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003) 9A.36.030 THEFT IN THE THIRD DEGREE. RCW 9A.56.050 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003) 9A.36.040 UNLAWFUL ISSUANCE OF CHECKS OR DRAFTS. RCW 9A.56.060, with the exception of those provi- sions contained therein for which a violation constitutes a felony crime, is hereby adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003) 9A.36.050 THEFT OF RENTAL PROPERTY. RCW 9A.56.096 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003) 9A.36.060 SHOPPING CART THEFT. RCW 9A.56.270 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003) 9A.36.070 THEFT OF CABLE TELEVISION SERVICES. RCW 9A.56.220 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003) 9A.36.080 POSSESSING STOLEN PROPERTY - DEFINITIONS, CREDIT CARDS, PRESUMPTION. RCW 9A.56.140 is adopted by reference as cur- rently enacted and as hereinafter amended from time to (Revised 2/22)9A.36-2 time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003) 9A.36.090 POSSESSING STOLEN PROPERTY IN THE THIRD DEGREE. RCW 9A.56.170 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003) 9A.36.100 RESTORATION OF STOLEN PROPERTY - DUTY OF OFFICERS. RCW 9.54.130 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003) 9A.36.110 MALICIOUS MISCHIEF IN THE THIRD DEGREE. RCW 9A.48.090 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003) 9A.36.120 MALICIOUS MISCHIEF AND PHYSICAL DAMAGE - DEFINED. RCW 9A.48.100(1) is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003) 9A.36.130 TRESPASS - DEFINITIONS. RCW 9A.52.010 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003) 9A.36.140 CRIMINAL TRESPASS IN THE FIRST DEGREE. RCW 9A.52.070 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003) 9A.36.150 CRIMINAL TRESPASS IN THE SECOND DEGREE. RCW 9A.52.080 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003) 9A.36.160 SURVEILING. (a) Definitions: (1) "Building" shall have the same meaning as in RCW 9A.04.110 as now or hereafter amended. Each room shall constitute a separate building. Restrooms, locker rooms and bedrooms are specifically included in this definition. (2) "Curtilage" shall be within ten (10) feet from the exterior of the wall of any building, regardless of whether the premises is enclosed. (b) It shall be unlawful for any person to enter or remain in or upon the curtilage of a building or premises of another for the purposes of observing, photographing, videotaping or filming another person, under circum- stances where the other person has a reasonable expec- tation of privacy. (c) Violation of this section shall be a gross misde- meanor. (Ord. 4850 §2 (in part), 2003) 9A.36.170 CRIMINAL TRESPASS - DEFENSES. RCW 9A.52.090 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003) 9A.36.180 VEHICLE PROWLING. RCW 9A.52.100 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003) 9A.36.190 COMPUTER TRESPASS IN THE SECOND DEGREE. RCW 9A.90.050 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5431 §5, 2021; Ord. 4850 §2 (in part), 2003) 9A.36.200 COMPUTER TRESPASS - COMMISSION OF OTHER CRIME. RCW 9A.90.110 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5431 §6, 2021; Ord. 4850 §2 (in part), 2003) 9A.36.210 MAKING OR HAVING BURGLARY TOOLS. RCW 9A.52.060 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003) 9A.36.220 FAILURE TO PAY FARE - PUBLIC CONVEYANCE. It is unlawful for a person in public to refuse to pay the proper fare in a public conveyance. (Ord. 4850 §2 (in part), 2003) 9A.36-3 (Revised 2/22) 9A.36.230 OBSTRUCTING IDENTITY OF MACHINE. RCW 9A.56.180 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003) 9A.36.240 RECKLESS BURNING IN THE SECOND DEGREE. The following sections of Chapter 9A.48 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full: RCW 9A.48.010 Definitions. RCW 9A.48.050 Reckless burning in the second degree. RCW 9A.48.060 Reckless burning - Defense. (Ord. 4850 §2 (in part), 2003) 9A.36.250 TAMPERING WITH FIRE ALARM OR FIREFIGHTING EQUIPMENT. RCW 9.40.100 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5431 §7, 2021) 9A.40-1 (Revised 2/22) Chapter 9A.40 OBSTRUCTION OF JUSTICE Sections: 9A.40.010 DEFINITIONS. 9A.40.020 OBSTRUCTING A LAW ENFORCEMENT OFFICER. 9A.40.030 REFUSING TO SUMMON AID FOR PEACE OFFICER. 9A.40.040 RESISTING ARREST. 9A.40.050 FALSE REPORTING. 9A.40.060 RENDERING CRIMINAL ASSISTANCE - DEFINITION OF TERMS. 9A.40.070 RENDERING CRIMINAL ASSISTANCE - RELATIVE DEFINED. 9A.40.075 RENDERING CRIMINAL ASSISTANCE IN THE SECOND DEGREE. 9A.40.080 RENDERING CRIMINAL ASSISTANCE IN THE THIRD DEGREE. 9A.40.090 COMPOUNDING A CRIME. 9A.40.100 ESCAPE IN THE THIRD DEGREE - PENALTY. 9A.40.110 FAILURE TO APPEAR OR SURRENDER. 9A.40.120 MAKING A FALSE STATEMENT TO A PUBLIC SERVANT. 9A.40.130 FALSE SWEARING. 9A.40.140 JURY TAMPERING. 9A.40.150 TAMPERING WITH PHYSICAL EVIDENCE. 9A.40.010 DEFINITIONS. RCW 9A.72.010 and RCW 9A.76.010 are adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003) 9A.40.020 OBSTRUCTING A LAW ENFORCEMENT OFFICER. RCW 9A.76.020 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003) 9A.40.030 REFUSING TO SUMMON AID FOR PEACE OFFICER. RCW 9A.76.030 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003) 9A.40.040 RESISTING ARREST. RCW 9A.76.040 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003) 9A.40.050 FALSE REPORTING. RCW 9A.84.040 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003) 9A.40.060 RENDERING CRIMINAL ASSISTANCE - DEFINITION OF TERMS. RCW 9A.76.050 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full (Ord. 4850 §2 (in part), 2003) 9A.40.070 RENDERING CRIMINAL ASSISTANCE - RELATIVE DEFINED. RCW 9A.76.060 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003) 9A.40.075 RENDERING CRIMINAL ASSISTANCE IN THE SECOND DEGREE. RCW 9A.76.080 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003) 9A.40.080 RENDERING CRIMINAL ASSISTANCE IN THE THIRD DEGREE. RCW 9A.76.090 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003) 9A.40.090 COMPOUNDING A CRIME. RCW 9A.76.100 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003) (Revised 2/22)9A.40-2 9A.40.100 ESCAPE IN THE THIRD DEGREE - PENALTY. RCW 9A.76.130 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003) 9A.40.110 FAILURE TO APPEAR OR SURRENDER. RCW 9A.76.190, with the exception of those provi- sions contained therein for which a violation constitutes a felony crime, is hereby adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5431 §8, 2021; Ord. 4850 §2 (in part), 2003) 9A.40.120 MAKING A FALSE STATEMENT TO A PUBLIC SERVANT. RCW 9A.76.175 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003) 9A.40.130 FALSE SWEARING. RCW 9A.72.040 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003) 9A.40.140 JURY TAMPERING. RCW 9A.72.140 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003) 9A.40.150 TAMPERING WITH PHYSICAL EVIDENCE. RCW 9A.76.150 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003) 9A.44-1 (Revised 2/22) Chapter 9A.44 PUBLIC DISTURBANCES Sections: 9A.44.010 DEFINITIONS. 9A.44.020 DISORDERLY CONDUCT. 9A.44.030 FAILURE TO DISPERSE. 9A.44.040 EXPECTORATING. 9A.44.050 MISCHIEF ON BRIDGES. 9A.44.060 UNLAWFUL TRANSIT CONDUCT. 9A.44.065 URINATING IN PUBLIC. 9A.44.070 INDECENT EXPOSURE. 9A.44.080 INTRODUCING CONTRABAND IN THE THIRD DEGREE. 9A.44.090 RIOT. 9A.44.100 LASERS. 9A.44.120 PEDESTRIAN OR VEHICULAR INTERFERENCE. 9A.44.010 DEFINITIONS. The following definitions are applicable in BMC 9A.44.020 through 9A.44.080, unless the context other- wise requires: (a) "Peace" as used in the phrase "public peace" means the tranquility enjoyed by members of a commu- nity where good order presides. (b) "Public place" means an area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots and build- ings open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them. (c) "Unreasonably disrupts" means to substan- tially impair the conduct of a meeting by intentionally committing acts in violation of implicit customs or usages or of explicit rules for governance of the meeting he or she knew, or as a reasonable man or woman should have known. (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003) 9A.44.020 DISORDERLY CONDUCT. RCW 9A.84.030 is adopted by reference as cur- rently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003) 9A.44.030 FAILURE TO DISPERSE. RCW 9A.84.020 is adopted by reference as cur- rently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003) 9A.44.040 EXPECTORATING. It is unlawful for a person to expectorate upon the floor, walls or furniture of any public conveyance, pub- lic building or any store open to and used by the public. (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003) 9A.44.050 MISCHIEF ON BRIDGES. It is unlawful for any person to intentionally: (a) Throw, drop or otherwise cause any object or missile to be thrown, dropped or released from any por- tion of any bridge, including the bridges crossing the Port Washington Narrows, commonly known as the Bremerton-Manette and Warren Avenue Bridges; or (b) Jump, leap or go upon with the intent of jump- ing or leaping from any portion of any bridge, including the Port Washington Narrows, commonly known as the Bremerton-Manette and Warren Avenue Bridges. (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003) 9A.44.060 UNLAWFUL TRANSIT CONDUCT. RCW 9.91.025 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003) 9A.44.065 URINATING IN PUBLIC. (a) A person is guilty of the crime of urinating in public if he or she intentionally urinates or defecates in a public place, other than a washroom or toilet room, or at a place and under circumstances where such act could be observed by any member of the public. (b) Any violation of the provisions of this section shall be an infraction, and any person found in violation shall be subject to a penalty not to exceed two hundred fifty dollars ($250.00). (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011) 9A.44.070 INDECENT EXPOSURE. RCW 9A.88.010, with the exception of those provi- sions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003) 9A.44.080 INTRODUCING CONTRABAND IN THE THIRD DEGREE. RCW 9A.76.160 is adopted by reference as cur- rently enacted and as hereafter amended from time to (Revised 2/22)9A.44-2 time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003) 9A.44.090 RIOT. RCW 9A.84.010 is adopted by reference as cur- rently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003) 9A.44.100 LASERS. Chapter 9A.49 RCW, with the exception of those provisions contained therein for which a violation con- stitutes a felony crime, is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5262 §2, 2014: Ord. 5208 §2 (part), 2013: Ord. 5165 §1, 2011. Formerly 9A.44.110) 9A.44.120 PEDESTRIAN OR VEHICULAR INTERFERENCE. (a) Definitions. The following definition applies in this section: "Public place" means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and grounds enclosing them. (b) Violation. A person is guilty of pedestrian or vehicular interference if, in a public place, he or she intentionally walks, stands, sits, lies, or places an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. (c) Exceptions. Acts authorized as an exercise of one’s constitutional right to picket or to legally protest, and acts authorized by a permit issued pursuant to the Bremerton Municipal Code, shall not constitute pedes- trian or vehicular interference. (d) Penalty. Pedestrian or vehicular interference is a misdemeanor as defined in BMC 1.12.020(2). (Ord. 5262 §5, 2014) 17.60-1 (Revised 2/22) Bremerton Municipal Code 17.60.030 Chapter 17.60 FLOODPLAIN MANAGEMENT Sections: 17.60.010 STATUTORY AUTHORIZATION. 17.60.020 FINDINGS OF FACT. 17.60.030 STATEMENT OF PURPOSE. 17.60.040 METHODS OF REDUCING FLOOD LOSSES. 17.60.050 DEFINITIONS. 17.60.060 LANDS TO WHICH THIS CHAPTER APPLIES. 17.60.070 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. 17.60.075 COMPLIANCE. 17.60.080 PENALTIES FOR NONCOMPLIANCE. 17.60.090 ABROGATION AND GREATER RESTRICTIONS. 17.60.100 INTERPRETATION. 17.60.110 WARNINGS AND DISCLAIMER OF LIABILITY. 17.60.120 ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT. 17.60.130 DESIGNATION OF CITY ENGINEER AS LOCAL ADMINISTRATOR. 17.60.140 DUTIES AND RESPONSIBILITIES OF THE CITY ENGINEER. 17.60.150 VARIANCE - COUNCIL AUTHORITY GENERALLY. 17.60.160 VARIANCE - ALLEGED ERROR BY ENGINEER. 17.60.170 VARIANCE - APPEAL TO COUNTY COURT. 17.60.180 VARIANCE - CONSIDERATIONS. 17.60.190 VARIANCE - LOTS OF ONE- HALF (0.5) ACRE. 17.60.200 VARIANCE - COUNCIL AUTHORITY TO ATTACH CONDITIONS. 17.60.210 VARIANCE - RECORDS AND REPORTS. 17.60.220 VARIANCE - CONDITIONS GENERALLY. 17.60.230 FLOOD HAZARD PROTECTION - GENERAL STANDARDS. 17.60.240 ANCHORING. 17.60.250 CONSTRUCTION MATERIALS AND METHODS. 17.60.260 UTILITIES. 17.60.270 SUBDIVISION PROPOSALS. 17.60.280 REVIEW OF BUILDING PERMITS. 17.60.290 FLOOD HAZARD PROTECTION - SPECIFIC STANDARDS. 17.60.300 RESIDENTIAL CONSTRUCTION. 17.60.310 NONRESIDENTIAL CONSTRUCTION. 17.60.315 CRITICAL FACILITY. 17.60.320 MANUFACTURED/MOBILE HOMES. 17.60.325 RECREATIONAL VEHICLES. 17.60.330 FLOODWAYS. 17.60.340 ZONES WITH BASE FLOOD ELEVATIONS BUT NO FLOODWAYS. 17.60.350 SEVERABILITY. 17.60.010 STATUTORY AUTHORIZATION. The City of Bremerton has the legal authority and responsibility to adopt regulations designed to promote the public health and general welfare of its citizenry pur- suant to Article XI, Sections 10 and 11 of the Washing- ton State Constitution and Article III of the Bremerton City Charter. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §1.1, 1979) 17.60.020 FINDINGS OF FACT. (a) The flood hazard areas of the City are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of com- merce and governmental services, extraordinary public expenditures for flood protection and relief, and impair- ment of the tax base, all of which adversely affect the public health, safety and general welfare. (b) These flood losses are caused by the cumula- tive effect of obstructions in areas of special flood haz- ards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contrib- ute to the flood loss. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §1.2, 1979) 17.60.030 STATEMENT OF PURPOSE. It is the purpose of this chapter to promote the pub- lic health, safety and general welfare, and to minimize public and private losses due to flood conditions in spe- cific areas by provisions designed: (a) To protect human life and health; (Revised 2/22)17.60-2 17.60.040 (b) To minimize expenditure of public money and costly flood control projects; (c) To minimize the need for rescue and relief effort associated with flooding and generally under- taken at the expense of the general public; (d) To minimize prolonged business interruptions; (e) To minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; streets and bridges located in areas of special flood hazard; (f) To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize blight resulting from future flood; (g) To ensure that potential buyers are notified that property is in an area of special flood hazard; and (h) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §1.3, 1979) 17.60.040 METHODS OF REDUCING FLOOD LOSSES. In order to accomplish its purposes, this chapter includes methods and provisions: (a) Restricting or prohibiting uses which are dan- gerous to health, safety and property due to water or ero- sion hazards or in flood heights or velocities; (b) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (c) Controlling the alteration of natural flood- plains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters; (d) Controlling filling, grading, dredging and other development which may increase flood damage; and (e) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §1.4, 1979) 17.60.050 DEFINITIONS. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. "Alteration of watercourse" means any action that will change the location of the channel occupied by water within the banks of any portion of a riverine waterbody. "Appeal" means a request for a review of the City Engineer’s interpretation of any provision of this chap- ter or a request for a variance. "Area of special flood hazard" means the land in the floodplain within a community subject to a one (1) per- cent or greater chance of flooding in any given year. It is shown on the Flood Insurance Rate Map (FIRM) as Zone A, AO, AH, A1-30, AE, A99, AR (V, VO, V1-30, VE). "Special flood hazard area" is synonymous in meaning with the phrase "area of special flood hazard." "ASCE 24" means the most recently published ver- sion of ASCE 24, Flood Resistant Design and Construc- tion, published by the American Society of Civil Engineers. "Base flood" means the flood having a one (1) per- cent chance of being equaled or exceeded in any given year (also referred to as the "one hundred (100) year flood"). "Base flood elevation" or "BFE" means the eleva- tion to which floodwater is anticipated to rise during the base flood. "Basement" means any area of the building having its floor subgrade (below ground level) on all sides. Building. See "Structure." "Building Code" means the currently effective ver- sions of the International Building Code and the Interna- tional Residential Code adopted by the State of Washington Building Code Council. "Breakaway wall" means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. "Critical facility" means a facility for which even a slight chance of flooding might be too great. Critical facilities include (but are not limited to) schools, nursing homes, hospitals, police, fire and emergency response installations, and installations which produce, use or store hazardous materials or hazardous waste. "Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredg- ing, filling, grading, paving, excavation or drilling oper- ations, or storage of equipment or materials located within the area of special flood hazard. "Elevated building" means, for insurance purposes, a nonbasement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns. "Elevation certificate" means the official form (FEMA Form 086-0-33 or as amended) used to track development, provide elevation information necessary to ensure compliance with community floodplain man- agement ordinances, and determine the proper insurance premium rate with Section B completed by community officials. "Essential facility" has the same meaning as "essen- tial facility" defined in ASCE 24. Table 1-1 in ASCE 24-14 further identifies building occupancies that are essential facilities. 17.60-3 (Revised 2/22) Bremerton Municipal Code 17.60.050 "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before August 5, 1979, the effective date of the floodplain man- agement regulations adopted by the community. "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (includ- ing the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). "Flood elevation study" means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mud- slide (i.e., mudflow) and/or flood-related erosion haz- ards. Also known as a Flood Insurance Study (FIS). "Flood Insurance Rate Map" or "FIRM" means the official map on which the Federal Insurance Adminis- tration has delineated both the areas of special flood hazards and the risk premium applicable to the commu- nity. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). "Flood or flooding" means: (a) A general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation or runoff of surface waters from any source. (3) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection (b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and depos- ited along the path of the current. (b) The collapse or subsidence of land along the shore of a lake or other body of water as a result of ero- sion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (a) of this definition. "Floodplain" means any land area susceptible to being inundated by water from any source. See "Flood or flooding." "Floodplain Administrator" means the community official designated by title to administer and enforce the floodplain management regulations. "Floodplain management regulations" means the zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other application of police power. The term describes such state or local reg- ulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. "Floodproofing" means any combination of struc- tural and nonstructural additions, changes, or adjust- ments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their con- tents. Floodproofed structures are those that have the structural integrity and design to be impervious to flood- water below the base flood elevation. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Also referred to as a reg- ulatory floodway. "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only fish hatchery facilities, docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long term storage or related manufacturing facilities. "Habitable floor" means any floor usable for living purposes, which include working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor." "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Historic structure" means any structure that is: (a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Sec- retary of the Interior as meeting the requirements for individual listing on the National Register; (b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) Individually listed on a state inventory of his- toric places in states with historic preservation programs which have been approved by the Secretary of the Inte- rior; or (Revised 2/22)17.60-4 17.60.050 (d) Individually listed on a local inventory of his- toric places in communities with historic preservation programs that have been certified either: (1) By an approved state program as deter- mined by the Secretary of the Interior, or (2) Directly by the Secretary of the Interior in states without approved programs. "Lowest floor" means the lowest floor of the enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s low- est floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non- elevation design requirements of this chapter found at BMC 17.60.300(b). "Manufactured home" means a structure, transport- able in one (1) or more sections, which is built on a per- manent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailer, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale. "Mean sea level" means, for purposes of the National Flood Insurance Program, the vertical datum to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced. "New construction" means structures for which the "start of construction" commenced on or after the effec- tive date of the ordinance codified in this chapter. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after August 5, 1979, the effective date of floodplain manage- ment regulations adopted by the community. One Hundred (100) Year Flood. See "Base flood." "Reasonably safe from flooding" means develop- ment that is designed and built to be safe from flooding based on consideration of current flood elevation stud- ies, historical data, high water marks and other reliable date known to the community. In unnumbered A zones where flood elevation information is not available and cannot be obtained by practicable means, reasonably safe from flooding means that the lowest floor is at least two feet above the highest adjacent grade. "Recreational vehicle" means a vehicle built on a single chassis, that is four hundred (400) square feet or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quar- ters for recreational, camping, travel, or seasonal use. "Start of construction" includes substantial improvements, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty (180) days of the permit date. The "actual start" means the first placement of per- manent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the exter- nal dimensions of the building. "Structure" means a walled and roofed building including a gas or liquid storage tank that is principally above ground. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the mar- ket value of the structure: (a) Before the improvement or repair is started; or (b) If the structure has been damaged and is being restored, before the damage occurred. For the pur- poses of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (a) Any project for improvement of a struc- ture to correct pre-cited existing violations of state or local health, sanitary, or safety code specifications 17.60-5 (Revised 2/22) Bremerton Municipal Code 17.60.110 which have been previously identified by the local code enforcement official and which are the minimum neces- sary to assure safe living conditions; or (b) Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places. "Variance" means a grant of relief from the require- ments of this chapter which permits construction in a manner that would otherwise be prohibited by this chap- ter. "Water dependent" means a structure for commerce or industry that cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations, including but not limited to fish hatch- ery facilities. "Water surface elevation" means the height, in rela- tion to the vertical datum utilized in the applicable flood insurance study, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 5020 §1, 2007: Ord. 4103 §51, 1987; Ord. 3544 §2.0, 1979) 17.60.060 LANDS TO WHICH THIS CHAPTER APPLIES. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Bremerton. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §3.1, 1979) 17.60.070 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for Kitsap County and Incorporated Areas" dated November 4, 2010, and any revisions thereto, with accompanying Flood Insurance Rate Maps, and any revisions thereto, are hereby adopted by reference and declared to be a part of this chapter. The best available information for flood hazard area identification as out- lined in BMC 17.60.140(b) shall be the basis for regula- tion until a new FIRM is issued that incorporates data utilized under BMC 17.60.140(b). The Flood Insurance Study is on file at the Bremerton Department of Com- munity Development, 345 6th Street, Suite 600, Bremerton, WA 98337. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 5127 §1, 2010: Ord 5123 §1, 2010: Ord. 5020 §2, 2007: Ord. 4965 §2, 2006: Ord. 3544 §3.2, 1979) 17.60.075 COMPLIANCE. All development within a special flood hazard area is subject to the terms of this chapter and other applica- ble regulations. (Ord. 5444 §1, 2021) 17.60.080 PENALTIES FOR NONCOMPLIANCE. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its require- ments (including violations of conditions and safe- guards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than one thousand dollars ($1,000) or imprisoned for not more than ninety (90) days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the City of Bremerton from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 4103 §2, 1987; Ord. 3544 §3.3, 1979) 17.60.090 ABROGATION AND GREATER RESTRICTIONS. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction con- flict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §3.4, 1979) 17.60.100 INTERPRETATION. In the interpretation and application of this chapter, all provisions shall be: (a) Considered as minimum requirements; (b) Liberally construed in favor of the governing body; and (c) Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §3.5, 1979) 17.60.110 WARNINGS AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering consider- ations. Larger floods can and will occur on rare occa- sions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permit- ted within such areas will be free from flooding or flood (Revised 2/22)17.60-6 17.60.120 damages. This chapter shall not create liability on the part of the City, any officer or employee thereof, or the Federal Insurance Administration for any flood dam- ages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §3.6, 1979) 17.60.120 ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT. A floodplain development permit shall be obtained before construction or development begins within any area of special flood hazard established in BMC 17.60.070. The permit shall be for all structures includ- ing mobile homes, as set forth in BMC 17.60.050, and for all other developments including fill and other activ- ities, also as set forth in BMC 17.60.050. Application for floodplain development permit shall be made on forms furnished by the City Engineer and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required: (a) Elevation in relation to mean sea level of the lowest floor (including basement) of all structures; (b) Elevation in relation to mean sea level to which any structure has been floodproofed; (c) Certification by a registered professional engi- neer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in BMC 17.60.310; (d) Description of the extent to which any water- course will be altered or relocated as a result of proposed development; and (e) Any other such information that may be rea- sonably required by the Floodplain Administrator in order to review the application. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §4.1, 1979) 17.60.130 DESIGNATION OF CITY ENGINEER AS LOCAL ADMINISTRATOR. The City Engineer is appointed to administer and implement this chapter, by granting or denying flood- plain development permit applications in accordance with its provisions. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §4.2, 1979) 17.60.140 DUTIES AND RESPONSIBILITIES OF THE CITY ENGINEER. Duties of the City Engineer shall include, but not be limited to: (a) Floodplain Development Permit Application Review. (1) Review all development permits to deter- mine that the permit requirements of this chapter have been satisfied. (2) Review all development permits to deter- mine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required. (3) Review all development permits to deter- mine if the proposed development is located in the floodway. If located in the floodway, assure that the encroach- ment provisions of BMC 17.60.330(a) are met. (b) Use of Other Base Flood Data. When base flood elevation data has not been provided in accor- dance with BMC 17.60.070, Basis for Establishing the Areas of Special Flood Hazard, the City Engineer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer BMC 17.60.290, Flood Hazard Protection - Specific Stan- dards, and 17.60.330, Floodways. (c) Information to Be Obtained and Maintained. (1) Where base flood elevation data is pro- vided through the Flood Insurance Study or required as in subsection (b) of this section, obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substan- tially improved structures, and whether or not the struc- ture contains a basement. (2) For all new or substantially improved floodproofed structures: (i) Verify and record the actual elevation (in relation to mean sea level) to which the structure was floodproofed; and (ii) Maintain the floodproofing certifica- tions required in BMC 17.60.120(c). (3) Records of all variance actions, including justification for their issuance. (4) Improvement and damage calculations. (5) Maintain for public inspection all records pertaining to the provisions of this chapter. (d) Alteration of Watercourses. (1) Notify adjacent communities and the Department of Ecology prior to any alteration or reloca- tion of a watercourse, and submit evidence of such noti- fication to the Federal Insurance Administration. (2) Require that maintenance is provided within the altered or relocated portion of said water- 17.60-7 (Revised 2/22) Bremerton Municipal Code 17.60.220 course so that the flood carrying capacity is not dimin- ished. (3) Interpretation of FIRM Boundaries. Make interpretations, where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The per- son contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpreta- tion as provided in BMC 17.60.150. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 4103 §3, 1987; Ord. 3544 §4.3, 1979) 17.60.150 VARIANCE - COUNCIL AUTHORITY GENERALLY. The City Council shall hear and decide appeals and requests for variances from the requirements of this chapter. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §4.4-1(1), 1979) 17.60.160 VARIANCE - ALLEGED ERROR BY ENGINEER. The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the City Engineer in the enforcement or administration of this chapter. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §4.4-1(2), 1979) 17.60.170 VARIANCE - APPEAL TO COUNTY COURT. Those aggrieved by the decision of the City Council or any taxpayer may appeal such decision to the Kitsap County Superior Court, as provided by law. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §4.4- 1(3), 1979) 17.60.180 VARIANCE - CONSIDERATIONS. In passing upon such applications, the City Council shall consider all technical evaluations, all relevant fac- tors, standards specified in other sections of this chapter, and: (a) The danger that materials may be swept onto other lands to the injury of others; (b) The danger to life and property due to flooding or erosion damage; (c) The susceptibility of the proposed facility and its contents to flood damage and the effect of such dam- age on the individual owner; (d) The importance of the services provided by the proposed facility to the community; (e) The necessity to the facility of a waterfront location, where applicable; (f) The availability of alternative locations for the proposed use which are not subject to flooding or ero- sion damage; (g) The compatibility of the proposed use with existing and anticipated development; (h) The relationship of the proposed use to the Comprehensive Plan and floodplain management pro- gram for that area; (i) The safety of access to the property in times of flood for ordinary and emergency vehicles; (j) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and (k) The costs of providing governmental services during and after flood conditions, including mainte- nance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §4.4-1(4), 1979) 17.60.190 VARIANCE - LOTS OF ONE-HALF (0.5) ACRE. Generally, variances may be issued for new con- struction and substantial improvements to be erected on a lot of one-half (0.5) acre or less in size contiguous and surrounded by lots with existing structures constructed below the base flood level, providing BMC 17.60.180(a) through (k) have been fully considered. As the lot size increases beyond the one-half (0.5) acre, the technical justification required for issuing the variance increases. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §4.4-1(5), 1979) 17.60.200 VARIANCE - COUNCIL AUTHORITY TO ATTACH CONDITIONS. Upon consideration of the factors of BMC 17.60.180 and the purposes of this chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §4.4-1(6), 1979) 17.60.210 VARIANCE - RECORDS AND REPORTS. The City Engineer shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §4.4-1(7), 1979) 17.60.220 VARIANCE - CONDITIONS GENERALLY. (a) Variances may be issued for the reconstruc- tion, rehabilitation or restoration of structures listed on (Revised 2/22)17.60-8 17.60.230 the National Register of Historic Places or the State Inventory of Historic Places that will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure without regard to the procedures set forth in the remainder of this section. (b) Variances shall not be issued within any desig- nated floodway if any increase in flood levels during the base flood discharge would result. (c) Variances shall only be issued upon a determi- nation that the variance is the minimum necessary, con- sidering the flood hazard, to afford relief. (d) Variances shall only be issued upon: (1) A showing of good and sufficient cause; (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (3) A determination that the granting of a vari- ance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in BMC 17.60.180, or conflict with existing local laws or ordinances. (e) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insur- ance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (f) Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of prop- erty; they are not personal in nature and do not pertain to the structure, its inhabitants, or economic or financial circumstances. They primarily address small lots in densely popu- lated residential neighborhoods. As such, variances from the flood elevations should be quite rare. (g) Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry flood- proofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria, except this section, and otherwise complies with BMC 17.60.240. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 4103 §4, 1987; Ord. 3544 §4.4-2, 1979) 17.60.230 FLOOD HAZARD PROTECTION - GENERAL STANDARDS. In all areas of special flood hazards the standards set out in BMC 17.60.240 through 17.60.280 are required. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §5, 1979) 17.60.240 ANCHORING. (a) All new construction and substantial improve- ments shall be anchored to prevent flotation, collapse or lateral movement of the structure. (b) All manufactured/mobile homes shall be anchored to prevent flotation, collapse or lateral move- ment, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top and frame ties to ground anchors. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 5020 §3, 2007: Ord. 3544 §5.1-1, 1979) 17.60.250 CONSTRUCTION MATERIALS AND METHODS. (a) All new construction and substantial improve- ments shall be constructed with materials and utility equipment resistant to flood damage. (b) All new construction and substantial improve- ments shall be constructed using methods and practices that minimize flood damage. (c) Electrical, heating, ventilation, plumbing and air-conditioned equipment and other service facilities shall be designed and/or otherwise elevated or located at least one (1) foot above the base flood elevation so as to prevent water from entering or accumulating within the components during conditions of flooding. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 4965 §3, 2006: Ord. 4233 §1, 1989; Ord. 3544 §5.1-2, 1979) 17.60.260 UTILITIES. (a) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. (b) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the sys- tems into floodwaters. (c) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (d) Water wells shall be located on high ground that is not in the floodway. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §5.1-3, 1979) 17.60.270 SUBDIVISION PROPOSALS. (a) All subdivision proposals shall be consistent with the need to minimize flood damage. (b) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. (d) Base flood elevation data shall be provided for subdivision proposals and other proposed development 17.60-9 (Revised 2/22) Bremerton Municipal Code 17.60.315 which contain at least fifty (50) lots or five (5) acres, whichever is less. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §5.1-4, 1979) 17.60.280 REVIEW OF BUILDING PERMITS. Where elevation data is not available either through the Flood Insurance Study or from another authoritative source (BMC 17.60.140(b)), applications for building permits shall be reviewed to assure that proposed con- struction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Base flood elevation data and reference marks are generally provided throughout Bremerton and are indicated on Bremerton’s flood insurance map. Failure to elevate at least two (2) feet above grade in these zones may result in higher insurance rates. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 4103 §4, 1987; Ord. 3544 §5.1-5, 1979) 17.60.290 FLOOD HAZARD PROTECTION - SPECIFIC STANDARDS. In all areas of special flood hazards where base flood elevation data has been provided as set forth in BMC 17.60.070, the provisions set out in BMC 17.60.300 through 17.60.320 are required. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 3544 §5.2, 1979) 17.60.300 RESIDENTIAL CONSTRUCTION. (a) New construction and substantial improve- ment of any residential structure shall have the lowest floor, including basement, elevated to one (1) foot or more above base flood elevation. (b) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this require- ment must either be certified by a registered profes- sional engineer or architect or must meet or exceed the following minimum criteria: (1) A minimum of two (2) openings have a total net area of not less than one (1) square inch of every square foot of enclosed area subject to flooding shall be provided. (2) The bottom of all openings shall be no higher than one (1) foot above grade. (3) Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters. (4) A garage attached to a residential struc- ture, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry and exit of floodwaters. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 4965 §4, 2006: Ord. 4103 §5, 1987; Ord. 3544 §5.2-1, 1979) 17.60.310 NONRESIDENTIAL CONSTRUCTION. New construction and substantial improvement of any commercial, industrial or other nonresidential struc- ture shall either have the lowest floor, including base- ment, elevated to one (1) foot or more above the level of the base flood elevation, or, together with attendant util- ity and sanitary facilities, shall: (a) Be floodproofed so that below one (1) foot or more above the base flood level the structure is water- tight with walls substantially impermeable to the pas- sage of water; (b) Have structural components capable of resist- ing hydrostatic and hydrodynamic loads and effects of buoyancy; and (c) Be certified by a registered professional engi- neer or architect that the design and methods of con- struction are in accordance with accepted standards of practice for meeting provisions of this section based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in BMC 17.60.140(c)(2). (d) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in BMC 17.60.300(b). (e) Applicants floodproofing nonresidential build- ings shall be notified that flood insurance premiums will be based on rates that are one (1) foot below the flood- proofed level (e.g., a building constructed to the base flood level will be rated as one (1) foot below that level). (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 5020 §4, 2007: Ord. 4965 §5, 2006: Ord. 4233 §2, 1989; Ord. 4103 §7, 1987; Ord. 3544 §5.2-2, 1979) 17.60.315 CRITICAL FACILITY. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the spe- cial flood hazard area (SFHA) one hundred (100) year floodplain. Construction of new critical facilities shall be permissible within the SFHA if no feasible alterna- tive site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three (3) feet above BFE or to the height of the five hun- dred (500) year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into the floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities (Revised 2/22)17.60-10 17.60.320 to the extent possible. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013) 17.60.320 MANUFACTURED/MOBILE HOMES. All manufactured/mobile homes in the floodplain to be placed or substantially improved on sites shall be elevated on a permanent foundation such that the lowest floor of the manufactured/mobile home is elevated one (1) foot or more above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral move- ment. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 5020 §5 (part), 2007: Ord. 4965 §6, 2006: Ord. 3544 §5.2-3, 1979) 17.60.325 RECREATIONAL VEHICLES. Recreational vehicles placed on sites in the flood- plain are required to either: (a) Be on the site for fewer than one hundred eighty (180) consecutive days; or (b) Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or (c) Meet the requirements for manufac- tured/mobile homes as found in BMC 17.60.320. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 5020 §5 (part), 2007) 17.60.330 FLOODWAYS. Located within areas of special flood hazard estab- lished in BMC 17.60.070 are portions of Gorst and Par- ish Creeks which are designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential projectiles, and ero- sion potential, the following provisions apply: (a) Prohibit encroachments, including fill, new construction, substantial improvements and other devel- opment unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge; (b) If subsection (a) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction pro- visions of BMC 17.60.230 through 17.60.320; (c) Construction or reconstruction of residential structures is prohibited within designated floodways, except for: (1) Repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (2) Repairs, reconstruction or improvements to a structure, the cost of which does not exceed fifty (50) percent of the market value of the structure either: (i) Before the repair or reconstruction is started, or (ii) If the structure has been damaged, and is being restored before the damage occurred. Work done on structures to comply with existing health, sani- tary, or safety codes which have been identified by the Code Enforcement or Building Official and are the min- imum necessary to assure safe living conditions shall not be included in the fifty (50) percent determination in subsection (c)(2) of this section; (d) Manufactured/mobile homes are prohibited in designated floodways. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013: Ord. 5020 §6, 2007: Ord. 4233 §3, 1989; Ord. 3544 §5.3, 1979) 17.60.340 ZONES WITH BASE FLOOD ELEVATIONS BUT NO FLOODWAYS. In areas with base flood elevations (but a regulatory floodway has not been designated), no new construc- tion, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community’s FIRM, unless it is demon- strated that the cumulative effect of the proposed devel- opment, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the community. (Ord. 5444 §1, 2021; Ord. 5231 §1 (part), 2013) 17.60.350 SEVERABILITY. This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitu- tional or invalid, such decision shall not affect the valid- ity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. (Ord. 5444 §1, 2021) 20.70-1 (Revised 2/22) Bremerton Municipal Code 20.70.040 Chapter 20.70 DISTRICT CENTER CORE (DCC) Sections: 20.70.010 INTENT. 20.70.020 OUTRIGHT PERMITTED USES. 20.70.040 CONDITIONAL USES. 20.70.060 DEVELOPMENT STANDARDS. 20.70.070 DESIGN STANDARDS. 20.70.080 PARKING REQUIREMENTS. 20.70.090 LANDSCAPING REQUIREMENTS. 20.70.100 SIGN STANDARDS. 20.70.010 INTENT. The intent of the district center core (DCC) zone is to provide a mixed-use "town center" to support the sur- rounding neighborhoods and general public. The DCC provides opportunities for a variety of services includ- ing commercial and residential development that demonstrates planning and design to create a pedestrian friendly community while still accommodating a certain level of regional auto-dependent uses. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.70.020 OUTRIGHT PERMITTED USES. The following uses are permitted outright: (a) Bed and breakfast; (b) Co-location of wireless communications facil- ity per BMC 20.46.140; (c) Community facility; (d) Day care facility; (e) Drinking place; (f) Entertainment use; (g) Finance, insurance and real estate; (h) General office and business services; (i) General retail; (j) Group residential facilities - Class I; (k) Hotel and lodging place; (l) Hospital, medical office and clinic; (m) Motion picture theater; (n) Museum and gallery; (o) Nursing/convalescent home; (p) Park, playground and open space; (q) Personal services business; (r) Physical fitness and health club; (s) Public or private park, playground or open space; (t) Public administration; (u) Residential of all types except group residen- tial facility - Class II; (v) Restaurant; (w) School and education; (x) Senior housing complex; (y) Transportation facility; (z) Veterinary clinic. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5251 §5, 2014: Ord. 5008 §15, 2007: Ord. 4950 §8 (Exh. A) (part), 2005) 20.70.040 CONDITIONAL USES. The following conditional uses may be permitted in the Charleston district center, provided a conditional use permit is approved pursuant to BMC 20.58.020 subject to the corresponding conditions: (a) Mobile vending unit, provided: (1) A "mobile vending unit" is defined as any motorized or nonmotorized vehicle, trailer, or other device located on private property, designed to be porta- ble and not permanently attached to the ground, from which food or other retail items are vended, served, or offered for sale. (2) No smoke, obnoxious odors, dust, light or glare, vibration, noise exceeding levels permissible per Chapter 6.32 BMC, or other environmental impacts or pollution shall be detectable off site. (3) Weekdays between the hours of 10:00 p.m. and 7:00 a.m. all equipment, merchandise, food trucks, and other materials associated with the use shall be removed from the site. Alternative proposals for leaving mobile vending units overnight may be consid- ered by the Director only in cases where mobile vending units are completely self-contained, secured, and do not require disassembly for transport to another location. (4) Mobile vending units are responsible for the proper disposal of waste and trash associated with the operation. At a minimum, mobile vending units shall remove all generated waste and trash from their approved location at the end of each day, or as needed to maintain public health and safety. No liquid waste or grease is to be disposed of in tree pits, storm drains, san- itary sewers, onto the sidewalks, streets or other public or private space. A written waste management plan indi- cating plans for waste handling, sanitation, litter collec- tion/prevention, recycling, and daily cleanup procedures shall be submitted with the use permit application. (5) Minimum number of parking stalls per BMC 20.48.080(l) shall be waived. Any parking pro- vided on site shall conform to Chapter 20.48 BMC, except that mobile vending units may request alternate site design proposals if accepted by the City. (6) The Director may modify or waive design criteria per BMC 20.70.070 and landscaping criteria per BMC 20.70.090. (7) Conditions of Approval. Conditions such as site orientation, fencing, buffering, parking location, lighting, access, hours of operation, and others may be (Revised 2/22)20.70-2 20.70.060 imposed as a condition of approval if it is found they are necessary to mitigate identifiable adverse impacts and ensure compatibility with nearby uses. (8) Application Requirements. An application shall include all components listed per BMC 20.58.080(e). The Director may modify these require- ments based on the size, scope and complexity of the project. (b) Light industrial uses, provided: (1) Conditional use eligibility is limited to existing properties fronting Cambrian Avenue, Mead Avenue, and Wycoff Avenue; any property south of 6th Street shall not be eligible. (2) No smoke, dust, light or glare, vibration, noise exceeding levels permissible per Chapter 6.32 BMC, or other environmental impacts or pollution shall be detectable off site. (3) Indoor storage shall only be permitted as an accessory use utilized solely by the permitted on-site use. No commercial storage shall be permitted. (4) Outdoor storage is prohibited. (5) Marijuana production and/or processing is prohibited. (6) Light industrial uses, which include resi- dential uses as an accessory use, shall be excluded from mixed-use requirements per BMC 20.70.060(h). (Ord. 5435 §2, 2021) 20.70.060 DEVELOPMENT STANDARDS. Lot development shall be in accordance with the following unless allowed for otherwise by law: (a) Maximum front yard setback: ten (10) feet. At least sixty-five (65) percent of a building’s front facade shall meet the maximum front yard setback. The setback may be increased if the Director finds that such increase is the minimum necessary to facilitate a superior site design. In order to obtain approval for an increased set- back, the applicant shall submit a written analysis estab- lishing how the project facilitates superior site design, is the minimum necessary, is consistent with specific goals and policies within the Comprehensive Plan, and is compliant with all applicable sections of the BMC. The following list identifies examples of circumstances where increased setbacks may be found to be appropri- ate: (1) When the site includes more than one (1) street frontage; (2) To accommodate existing topography, utilities, or other physical site constraints that make compliance with the setback infeasible; (3) To accommodate phasing of infill devel- opment; (4) On sites that are significantly developed with existing legally established nonconforming uses or structures whereby strict code compliance will not facil- itate effective circulation; or (5) For projects that in the opinion of the Director provide enhanced public amenities within the setback area which include, but are not limited to, the following: public plazas, increased landscaping, archi- tectural features, improved pedestrian connections. (b) Side yard setback: zero (0) except when adja- cent to the low or medium density residential zones where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b). (c) Rear yard setback: zero (0) except when adja- cent to the low or medium density residential zones where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b). (d) There is no maximum density for residential use. (e) Maximum building coverage: sixty (60) per- cent base maximum; provided, that through the use of any combination of the following, building coverage may be increased up to eighty-five (85) percent maxi- mum: (1) Projects containing mixed uses: ten (10) percent bonus. (2) Projects with a three (3) or four (4) story building: ten (10) percent bonus; projects with five (5) or more story building: fifteen (15) percent bonus. (3) Projects providing a pedestrian-oriented plaza or area of at least one hundred fifty (150) square feet along a pedestrian walkway at an intersection cor- ner, bus stop or other key pedestrian area approved by the City. Such areas shall contain seating for at least four (4) people, a trash receptacle and three (3) or more of the following: a pedestrian shelter, a drinking fountain, a bike rack, pedestrian-scale lights, pavers on the walk- way surfaces, a kiosk, a street vendor station providing food or beverages, trees, an appropriately sized statue or sculpture, or a public restroom. Interior courtyards with these amenities qualify if they would be readily apparent and accessible to pedestrians on adjoining sidewalks: twenty (20) percent bonus. (4) Projects providing a through-block corri- dor that facilitates pedestrian access in a location approved by the City: five (5) percent bonus. (5) Projects providing at least fifty (50) per- cent of their required parking underground or within the building: twenty (20) percent bonus. (f) Maximum development coverage: maximum development coverage by impervious surfaces, seventy- five (75) percent; provided, that through the use of any combination of the mechanisms listed in subsections (e)(1) through (5) of this section, up to ninety-five (95) percent maximum development coverage may be allowed. 20.70-3 (Revised 2/22) Bremerton Municipal Code 20.70.070 (g) Maximum building height: eighty (80) feet except: (1) Structures within fifty (50) linear feet of parcels zoned for low density residential shall not exceed four (4) stories in height; and (2) Structures within fifty (50) and one hun- dred (100) linear feet of parcels zoned for low density residential shall include architectural features to gradu- ally transition the building height from four (4) stories to a maximum height of eighty (80) feet at the one hundred (100) foot distance from the low density residential zoned parcel. (h) Mixed-Use Requirement. All structures that include residential uses located adjacent to, are oriented towards, or are viewable from a public right-of-way (not required on private streets) shall provide retail/commer- cial uses along a minimum of fifty (50) percent of the ground floor building facade. Exceptions to this require- ment will be made for projects that comply with BMC 20.70.070(a)(6). (Ord. 5364 §7, 2018: Ord. 5351 §3, 2018: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5251 §6, 2014: Ord. 5222 §14, 2013; Ord. 5046 §15, 2008; Ord. 5008 §16, 2007: Ord. 4950 §8 (Exh. A) (part), 2005) 20.70.070 DESIGN STANDARDS. The following design standards shall be applied to all new structures and redeveloped structures. Residen- tial development of three (3) units or fewer is exempt from this section. When development involves the remodel or expansion of existing structures, the Director may modify these requirements to reasonably fit the scope and scale of the remodel or expansion. (a) Primary Design Features. The following crite- ria shall be applied to all primary building facades and facades facing public streets: (1) Top and Base. Buildings shall convey a visually distinct base and top. A "base" can be empha- sized by a different masonry pattern, more architectural detail, visible plinth above which the wall rises, store- front, canopies, or a combination. The top edge is high- lighted by a prominent cornice, projecting parapet or other architectural element that creates a shadow line. (2) Orientation. All properties adjacent to a public right-of-way shall orient structures toward the primary street. Properties located at intersections should orient their structures toward the intersecting corner. (3) Minimum Transparency. At least sixty (60) percent of all facades facing the public sidewalk, or sidewalks providing circulation within a site, measured to eight (8) feet above the sidewalk or surface grade, shall be comprised of transparent windows or doors. (4) Blank Facades. Building facades shall not present a blank facade to view from public rights-of- way, common parking areas, or residential properties. Such facades may be broken by windows, trellises, col- umns, variations in plane, or other devices that add vari- ation and interest to the facade. (5) Mechanical Equipment Screening. Roof- top and ground-level mechanical equipment shall be screened from view from public streets. Screening materials shall be architecturally similar to the primary structure. (6) Ground-Floor. Ground-floor frontage of a structure facing a public right-of-way must conform to either subsection (a)(6)(i) or (ii) of this section, except as provided in subsection (a)(6)(iii) of this section: (i) Constructed for Pedestrian-Oriented Uses. At least fifty (50) percent of the floor area abutting the linear sidewalk level shall be designed and con- structed for "pedestrian-oriented" uses. (ii) Constructed for Future Pedestrian- Oriented Uses. At least fifty (50) percent of the floor area abutting the linear sidewalk level shall be designed and constructed to accommodate potential future con- version to "pedestrian-oriented" uses and may be occu- pied by any use permitted in BMC 20.70.020. The areas designed and constructed to accommodate future con- version shall meet the following standard, in addition to any other required design standards: The sidewalk level facade must include an entrance or entrances to accom- modate a single or multiple tenants or be structurally designed so entrances can be added when converted to the building uses listed in BMC 20.70.020. (iii) Exception. For structures that abut two (2) or more public rights-of-way and contain topog- raphy or other site constraints that would make the placement of the pedestrian-oriented use on the ground floor difficult for the public to utilize, the pedestrian-ori- ented requirement in subsections (a)(6)(i) and (ii) of this section may be reduced to one (1) street frontage. (b) Secondary Design Features. Four (4) secondary design features are required from the following list: (1) Multiple Roof Lines. Structures shall have at least three (3) horizontal roof lines, as viewed from the front facade. (2) Modulation. The horizontal plane of a structure shall not extend for more than thirty (30) feet, as measured from any one (1) point of the structure, without a significant architectural variation of at least two (2) feet in depth. (3) Facade Materials. At least three (3) differ- ent facade materials shall be incorporated into the exte- rior appearance of the structure (wood, brick, stucco, tile, shingles, other). (4) Additional Transparency. An additional fifteen (15) percent transparency to what is required per subsection (a)(3) of this section. (Revised 2/22)20.70-4 20.70.080 (5) Weather Protection. Recessed or protrud- ing building features, of no less than four (4) feet in depth, which extend along at least fifty (50) percent of the front facade. (6) Main Entry. Pedestrian entrances are pre- ferred from buildings facing the street. Entries shall be easily identifiable from the street or sidewalk; this can be accomplished through architectural or ornamental features. (7) Public Amenity. Outdoor eating area, art- work, street furniture, plantings in window boxes, pub- lic trash receptacles, or other alternative public amenity approved by the Director. Any proposed amenity shall be architecturally compatible with the principal struc- ture. Any approved amenity shall be maintained for the life of the project. (Ord. 5351 §4, 2018: Ord. 5319 §12, 2017: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5222 §15, 2013; Ord. 5046 §16, 2008; Ord. 4950 §8 (Exh. A) (part), 2005) 20.70.080 PARKING REQUIREMENTS. Parking shall meet the standards of Chapter 20.48 BMC and the following requirements. For legally estab- lished existing buildings that comply with BMC 20.48.020(b) the parking will be exempt from the fol- lowing requirements: (a) For nonresidential uses, the minimum parking requirement is one (1) space per employee. (b) On-site parking for nonresidential uses shall not exceed four (4) spaces per one thousand (1,000) square feet of floor area. (c) On-site parking shall be to the rear or side of buildings and shall not occupy more than fifty (50) per- cent of the site frontage facing the arterial street(s). The site frontage includes the area between the right-of-way and front building wall which applies to the entire length of the property regardless of building width. Corner lots have two (2) site frontages as they are positioned on two (2) street frontages. (d) All efforts shall be taken to avoid placing park- ing on street corners. Parking located between the build- ing frontage and street corners shall be fully screened as follows: (1) A four (4) foot tall decorative wall within the front yard landscaping area that fully screens the parking areas. The wall shall be located such that it blocks views of the parking from the right-of-way. For long spans of frontage (one hundred (100) feet or more), the wall shall include modular articulation to add archi- tectural variety. (i) Alternate architectural features or shrubs may be substituted for the wall, provided it is demonstrated that the shrubs/alternative will provide equal to or better visual screening than the wall. Shrubs shall be a minimum of three (3) feet tall at time of instal- lation and shall be additional to the landscaping required in Chapter 20.50 BMC. (ii) Openings and architectural features may be required within a wall section in order to tie the wall feature into the architecture of the building and to provide pedestrian access. The entry shall be the mini- mum necessary to accommodate a sidewalk that is a minimum of five (5) feet in width, clearly marked, and distinguished from driving surfaces by using decorative paving, stamped/stained concrete, or raised walkways with alternative materials (such as brick, cobblestone, decorative pavers). Paint striping does not meet this requirement. (e) Access to parking shall be provided per the fol- lowing priority: (1) First, from an alley if available; if an alley is not available, then from local street; (2) If neither is available, then from a non- principal arterial street; (3) If none of the above are available then from a principal arterial street. (f) Driveways providing access to parking shall be well marked. (g) Existing nonresidential structures adding no more than ten (10) residential units, and/or existing non- residential structures expanding up to twenty-five (25) percent of the gross square footage of the building for any permitted use, shall be exempt from providing addi- tional off-street parking, and exempt from substantial destruction requirements per BMC 20.54.070, provided: (1) Projects shall be located within the Charleston district center; (2) Mixed-use requirements per BMC 20.70.060(h) are maintained; (3) No existing on-site parking or required landscaping is removed. (Ord. 5435 §3, 2021; Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5222 §16, 2013: Ord. 4950 §8 (Exh. A) (part), 2005) 20.70.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards of Chapter 20.50 BMC and the following standards shall be met: (a) All development proposed on properties abut- ting Almira Drive NE shall provide a Type II visual screen as established in BMC 20.50.050(b). (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5251 §7, 2014: Ord. 4950 §8 (Exh. A) (part), 2005) 20.70.100 SIGN STANDARDS. Signs shall meet the standards of Chapter 20.52 BMC. For freestanding signs, the maximum size and height standards of Figure 20.52(a) shall apply. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) Number Subject Tables-13 (Revised 2/22) 5349 (Not used) 5350 Adds Ch. 2.07; amends Chs. 2.06 and 2.09, city departments (2.06, 2.07, 2.09) 5351 Amends §§ 20.42.040(p), 20.70.060 and 20.70.070, district center core (20.42, 20.70) 5352 Alley vacation (Special) 5353 Adds § 3.78.105, affordable housing capital fund (3.78) 5354 Adds Ch. 11.10; repeals § 11.12.085, complete streets (11.10) 5355 Amends §§ 3.48.030(e), 3.48.077, 3.50.020, 3.50.050 and 3.86.040, taxes (3.48, 3.50, 3.86) 5356 2019 tax levy (Special) 5357 Reestablishes rates and fees established by Res. 3297; repeals Res. 3297 (Not codified) 5358 Amends Ord. 5340, rates and fees for department of public works and utilities (Not codified) 5359 Amends § 3.50.050, utility taxes (3.50) 5360 Adopts 2019 budget (Special) 5361 Amends Ords. 4875, 5226, 5287 and 5337, energy franchise (Special) 5362 Amends 2018 budget (Special) 5363 Amends comprehensive plan and zoning map (Special) 5364 Amends Figure 20.40(a), §§ 20.50.040, 20.50.050, 20.60.010, 20.60.020, 20.60.060, 20.62.060, 20.70.060, 20.78.010, 20.78.060, 20.78.065, 20.86.060, 20.92.060, 20.94.060 and Zoning Maps 1 – 4, land use (20.40, 20.50, 20.60, 20.62, 20.70, 20.78, 20.86, 20.94) 5365 Adds Ch. 6.11, vacant commercial building registration (6.11) 5366 Amends Ch. 20.10; repeals § 20.70.030, zoning (20.10) 5367 Amends 2019 budget (Special) 5368 Adds Ch. 6.20, carryout bags (Repealed by 5428) 5369 Amends §§ 20.42.040(g), 20.86.040 and 20.94.030, group residential facilities (20.42, 20.86, 20.94) 5370 Amends § 13.04.140, liquor in city parks (13.04) 5371 Amends § 15.06.020 and department of public works and utilities rates and fees, service connection and expansion fees and charges (15.06) 5372 Bond issuance (Special) 5373 Adds Ch. 5.14, massage and reflexology businesses (5.14) 5374 Amends Ch. 15.03, wastewater (15.03) 5375 Revision to city boundaries (Special) 5376 Amends Chs. 15.01, 15.02, 15.04, §§ 15.05.050, 15.06.020, Chs. 15.07 and 15.08, municipal utilities (15.01, 15.02, 15.04, 15.05, 15.06, 15.07, 15.08) 5377 Sales and use tax for affordable and supportive housing (Not codified) 5378 Amends § 2.03.010, mayor’s compensation (2.03) 5379 Amends Ch. 2.78, real property transactions (2.78) 5380 Amends §§ 2.92.040 and 2.92.060, office of risk management (2.92) 5381 Reestablishes rates and fees established by Ord. 5357 (Not codified) 5382 Amends §§ 15.06.010 and 15.06.015, utility assessments, rates, fees and charges (15.06) 5383 Reestablishes rates and fees established by Ord. 5358 (Not codified) 5384 Amends §§ 3.48.090 and 3.86.040, taxes (3.48, 3.86) 5385 Puget Sound Energy franchise (Special) 5386 2020 tax levy (Special) 5387 Adopts 2020 budget (Special) 5388 Amends 2019 budget (Special) 5389 Amends comprehensive plan (Special) 5390 Amends Figure 20.40(a), §§ 20.79.010, 20.79.020, 20.79.040 and 20.79.060 and Zoning Maps 1 – 4, land use (20.40, 20.79) 5391 Amends zoning map (Special) Number Subject (Revised 2/22)Tables-14 5392 Amends §§ 10.10.010, 10.10.050 and 10.10.070, parking code (10.10) 5393 Adds § 20.46.090; amends department of community development rates and fees, temporary encamp- ment permit (20.46) 5394 Amends Ch. 2.28, equal employment opportunity program (2.28) 5395 Approves 2020 Parks, Recreation and Open Space Plan; repeals Ord. 5242 (Special) 5396 Amends Ord. 5358, rates and fees for department of public works and utilities (Not codified) 5397 Amends 2020 budget (Special) 5398 (Not used) 5399 Street vacation (Special) 5400 Right-of-way dedication (Special) 5401 Amends comprehensive plan; repeals Ch. 20.92, employment center (Special) 5402 Amends § 20.04.100; establishes planned action for Eastside Village, land use (20.04) 5403 Amends comprehensive plan (Special) 5404 Amends §§ 20.60.065 and 20.78.065, land use (20.60, 20.78) 5405 Amends Ord. 5381, rates and fees (Not codified) 5406 Amends Ord. 5396, rates and fees (Not codified) 5407 2021 tax levy (Special) 5408 Adopts 2021 budget (Special) 5409 Amends 2020 budget (Special) 5410 Amends § 20.46.010, accessory dwelling units (20.46) 5411 Amends Ch. 18.02, fire code (18.02) 5412 Alley vacation (Special) 5413 Amends §§ 17.04.020 and 17.04.080, building codes (17.04) 5414 Amends §§ 10.10.010, 10.10.050, 10.10.070 and 10.10.110, parking code (10.10) 5415 Amends § 2.50.032, management and professional staff compensation program (2.50) 5416 Amends § 20.46.010, accessory dwelling units (20.46) 5417 Amends shoreline master program (Not codified) 5418 Amends §§ 20.14.190, 20.14.200, 20.14.320, 20.14.330, 20.14.340, 20.14.530, 20.14.730, 20.14.740, 20.14.750 and 20.14.760, critical areas (20.14) 5419 Amends § 3.50.050, utility tax (3.50) 5420 (Failed) 5421 Amends §§ 3.48.030(e), 3.48.090(1), Ch. 5.02, §§ 5.03.040, 5.06.030, 5.16.020, 5.17.020, 5.22.010, 5.36.010, 5.96.050 and 20.46.030, general business licenses (3.48, 5.02, 5.03, 5.06, 5.16, 5.17, 5.22, 5.36, 5.96, 20.46) 5422 Adds § 20.12.175; amends §§ 20.60.065 and 20.78.065, boundary line adjustments and lot size averag- ing (20.12, 20.60, 20.78) 5423 Amends § 20.46.040, manufactured homes (20.46) 5424 Amends 2021 budget (Special) 5425 Amends §§ 1.02.020 and 2.50.040(b), holidays (1.02, 2.50) 5426 Adds § 10.42.070, automated traffic safety camera funds allocated (10.42) 5427 Amends §§ 15.01.020(c), (r) and (s), 15.01.030, 15.01.050, 15.01.100, 15.02.070, 15.02.100, 15.03.080 and 15.04.060, municipal utilities (15.01, 15.02, 15.03, 15.04) 5428 Repeals Ch. 6.20, carryout bags (Repealer) 5429 Amends § 20.44.120, drive-through facilities (20.44) 5430 Repeals Ch. 3.99, Pendergast regional park construction fund (Repealer) 5431 Adds §§ 9A.32.150 and 9A.36.250; amends §§ 9A.32.070, 9A.32.100, 9A.32.130, 9A.36.190, 9A.36.200 and 9A.40.110; repeals §§ 9A.44.130 and 9A.44.140, criminal code (9A.32, 9A.36, 9A.40) 5432 Adds §§ 9.88.080 and 9.88.090; amends § 9.88.010; repeals § 9.88.060, drug offenses (9.88) 5433 Repeals Ch. 9.18, no smoking signs (Repealer) 5434 Amends comprehensive plan (Special) Number Subject Tables-15 (Revised 2/22) 5435 Adds § 20.70.040; amends § 20.70.080, district center core (20.70) 5436 Repeals § 9A.44.110, aggressive begging (Repealer) 5437 Amends § 9.10.020, eligibility qualifications relating to tow truck rosters (9.10) 5438 Amends Ch. 7.12, dangerous animals (7.12) 5439 Amends Ord. 5405, rates and fees (Not codified) 5440 Amends Ord. 5406, rates and fees (Not codified) 5441 2022 tax levy (Special) 5442 Adopts 2022 budget (Special) 5443 Amends § 2.50.050, supplemental retirement program plan (2.50) 5444 Amends Ch. 17.60, floodplain management (17.60) 5445 Amends 2021 budget (Special)