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HomeMy WebLinkAbout33 bremerton1022_supp33SUPPLEMENT DIRECTIONS BREMERTON MUNICIPAL CODE Supplement No. 33 – October 2022 New, reprinted pages included with this supplement are listed by title and page number in the right-handcolumn below. The left-hand column lists obsolete material which should be removed from the code. Followthe 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 futurereference, the person making these changes may also date and initial this page.This supplement includes all legislation passed up to and including Ordinance 5458, passed September 21,2022.The online version of the code is updated more frequently than the print version. Reference the disclaimeron 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 2.18-1 .......................................................................2.18-1 2.50-1 – 2.50-5 ..........................................2.50-1 – 2.50-6 2.76-3 – 2.76-5 ..........................................2.76-3 – 2.76-5 Title 6 6.32-1 – 6.32-4 ..........................................6.32-1 – 6.32-5 Title 7 7.15-1 – 7.15-2 ..........................................7.15-1 – 7.15-2 Title 9A 9A.24-1 – 9A.24-4 ...............................9A.24-1 – 9A.24-4 9A.32-1 – 9A.32-2 ...............................9A.32-1 – 9A.32-2 9A.44-1 – 9A.44-2 ...............................9A.44-1 – 9A.44-2 Title 10 10.13-1 – 10.13-2 ..................................10.13-1 – 10.13-2 Title 20 20.42-2.1 – 20.42-4 ............................20.42-3 – 20.42-4.1 20.42-11 – 20.42-12 ..........................20.42-11 – 20.42-12 20.58-1 – 20.58-2 ..................................20.58-1 – 20.58-2 20.58-5 – 20.58-6 ..................................20.58-5 – 20.58-7 20.60-1 – 20.60-5 ..................................20.60-1 – 20.60-6 20.78-1 – 20.78-2 ..................................20.78-1 – 20.78-2 Tables 7 – 10 ........................................................................7 – 10 15 ....................................................................................15 Please call Code Publishing Company (206-527-6831) should questions arise while removing and replacing supplement pages. (Revised 10/22) Updated by: _______ Dated: ____________ 2.18-1 (Revised 10/22) Chapter 2.18 AUDIT COMMITTEE AND CITY AUDITOR Sections: 2.18.010 AUDIT COMMITTEE MEMBERSHIP. 2.18.020 COMMITTEE MEMBER TERMS. 2.18.030 CITY AUDITOR. 2.18.010 AUDIT COMMITTEE MEMBERSHIP. (a)Pursuant to Article III, Section 18 of the Char- ter of the City of Bremerton (“City Charter”), there shall be an Audit Committee consisting of three (3) desig- nated members (“designated members”) and two (2) selected members (“selected members”) for a total of five (5) members as follows: (1)Designated Members. Two (2) Council members and an independent certified public accoun- tant designated by the City Council; and (2)Selected Members. Two (2) residents of the City of Bremerton selected by the designated mem- bers of the Audit Committee. (b)The designation of the Council members to the Audit Committee shall be by the Council President. The designation of the certified public accountant to the Audit Committee shall be by majority vote of the City Council. The selection of the two (2) residents of the City of Bremerton shall be by majority vote of the des- ignated members of the Audit Committee. (c)The independent certified public accountant need not be a resident of the City of Bremerton. (Ord. 5448 §1, 2022; Ord. 5311 §1 (part), 2016) 2.18.020 COMMITTEE MEMBER TERMS. (a)Audit Committee members shall serve terms as follows: (1)The two (2) Council members designated by the City Council shall serve one (1) year terms, or less if the current term of their elected office expires ear- lier. (2)The independent certified public accoun- tant designated by the City Council shall serve a three (3) year term. The term of an independent certified pub- lic accountant appointed pursuant to subsection (b) of this section shall commence upon appointment by the City Council. (3)The two (2) City of Bremerton residents selected by the designated members of the Audit Com- mittee shall serve terms as established by the Commit- tee. (b)In the event that any member does not serve a full term, either by resignation or removal, the vacancy shall be filled by the original appointing authority in the manner provided in BMC 2.18.010. (Ord. 5448 §1, 2022; Ord. 5311 §1 (part), 2016) 2.18.030 CITY AUDITOR. (a)Pursuant to the City Charter, the Audit Com- mittee shall appoint the City Auditor to serve at the plea- sure of the Audit Committee. The City Auditor shall only be removed by the majority vote of the entire mem- bership of the Committee sitting as a whole. (b)The City Auditor shall report to the Audit Committee. In carrying out duties and responsibilities, the City Auditor shall have full, free and unrestricted access to all City records, property and personnel, unless such access is prohibited by law. Additionally, access to confidential and/or security related documents or opera- tions may be restricted or prohibited as determined by the City Attorney based on his/her legal opinion. (c)The City Auditor has the same responsibility and authority as a department head in managing the finances and operation of the City Auditor’s office. (Ord. 5448 §1, 2022; Ord. 5311 §1 (part), 2016) 2.50-1 (Revised 10/22) 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, sexual orientation, gen- der identity, political affiliation, military status, preg- nancy/maternity, obesity, or mental, physical or sensory handicap, unless based upon a bona fide occupational qualification. (Ord. 5457 §1, 2022; 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. 5457 §1, 2022; 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 (Revised 10/22)2.50-2 changed. All changes must be approved by the Mayor and City Council. (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. 5457 §1, 2022; 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. 5457 §1, 2022; 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 department heads (with the Mayor’s approval) may authorize an initial salary of a newly hired person at a rate which exceeds Rate 1. Newly hired persons who report directly to the Mayor require the approval of City Council when being hired 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. 5457 §1, 2022; Ord. 5415 §1, 2021; Ord. 5210 §1, 2.50-3 (Revised 10/22) 2013: Ord. 4984 §3, 2006: Ord. 4551, Amended, 05/23/1996; Ord. 4458 §1, 1994; Ord. 4401 §1 (in part), 1993) 2.50.034 INITIAL BENEFITS FOR DEPARTMENT HEADS. When it is in the best interest of the City, the City Council may authorize increased or additional benefits in hiring a department head beyond those specified in this chapter. Any extraordinary benefits must be included in the department head’s employment contract approved by the City Council. (Ord. 5457 §1, 2022; Ord. 4551, Added, 05/23/1996) 2.50.040 WORK SCHEDULES AND LEAVE BENEFITS. (a)Work Schedules. Full-time managers and pro- fessional staff shall arrange such work schedules as are needed for the effective accomplishment of work and which shall be the equivalent of forty (40) hours per week, including paid holiday, vacation and sick leave time. The work schedules of part-time managers and professional staff shall be apportioned accordingly. Alternative work schedules to the forty (40) hour week may be authorized by the department director and Human Resources Manager. Managers and professional staff may be called back to their work place at any time to respond to emergencies. Managers and professional staff covered by this program are noncovered or exempt from the Fair Labor Standards Act’s overtime provi- sions. (b)Holiday Time. Managers and professional staff shall receive a full day of time off without loss of com- pensation for each holiday observed by the City on the day the City observes the holiday and one additional floating holiday. Holidays observed by the City are: New Year’s Day Martin Luther King’s Birthday President’s Day Memorial Day Juneteenth Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas In addition, similar time off without loss of com- pensation is granted for any other holiday which the City Council takes specific official action to observe. (c)Vacation. (1)Vacation Leave. Managers and profes- sional staff shall be granted vacation time off without loss of compensation based upon years of employment in management or professional position(s) as follows: Upon hire and with the approval of the Mayor, the vacation leave time granted a new staff member may be set at twenty (20) days or if a current City employee at twenty-five (25) days unless otherwise approved by City Council. (2)Vacation Availability - Adjustment at Hire or Separation. Annual vacation leave is granted in full on January 1 of each calendar year; however, a pro rata increase shall accrue on the employee’s anniversary date in the year the employee qualifies for a larger vaca- tion benefit. Managers and professional staff who are hired or who separate from employment with the City within a budget year receive vacation days on a pro- rated basis which covers the time of employment. (3)Vacation Eligibility. Vacation time is taken in segments of one (1) whole day or more. Vaca- tion leave available to a manager or professional staff member at the beginning of a vacation leave is to be suf- ficient to cover any vacation time to be taken. (4)Maximum Unused Vacation. The maxi- mum vacation time that shall be allowed to carry for- ward from one calendar year to the next is as follows: In the event a manager or professional staff member has not reduced his or her vacation balance to the maximum allowable carryover at the end of a calen- dar year, excessive days are forfeited unless the Mayor grants an extension of time beyond the end of the calen- dar year during which all vacation days which exceed the maximum allowable carryover are to be taken. (5)Vacation Pay-Out. Upon separation from City employment, unused vacation time will be paid to the manager or professional staff member in a cash pay- ment as follows: i.Prorated Adjustment. Vacation time balance accrued during the year of separation and adjusted pursuant to subsection (c)(2) of this section; plus through 2 full years 15 days (120 hours) through 5 full years 20 days (160 hours) after 5 full years and thereafter 25 days (200 hours) Years of Continuous Employment Maximum Balance 0 through 5 years 20 days (160 hours) more than 5 years 30 days (240 hours) (Revised 10/22)2.50-4 ii.Allowable Carryover Balance. The maximum allowable vacation time carryover estab- lished in subsection (c)(4) of this section. Any unused vacation leave exceeding the maximum allowable car- ryover that has been approved by the Mayor for carry- over pursuant to subsection (c)(4) of this section is not eligible for cash out. (d)Sick Leave. (1)Accrual. Sick leave is accrued at the rate of twelve (12) full days per year and is proportionately credited to sick leave balances each pay period. (2)Maximum Sick Leave Balance. Sick leave may be accrued to a maximum of one hundred twenty- five (125) days. Upon reaching a maximum of one hun- dred twenty-five (125) days, no further accrual is added until such time as sick leave time is taken. Accrued sick leave time is provided as a form of self-insured short- term disability coverage and no cash payment for unused sick leave time is made under any circumstances except as set forth in subsections (d)(9) and (10) of this section. (3)Banked Sick Leave for Certain Managers and Professional Staff. Any person covered by this pro- gram who was employed by the City on January 20, 1985, and who had accrued, unused sick leave time set aside in a sick leave bank at that time shall have the banked time remain on record and made available for his or her use. Upon service retirement from City ser- vice, the person shall receive payment of thirty-five (35) percent of banked sick leave time to a maximum of one hundred twenty (120) banked days (a maximum of forty-two (42) paid days). In the event the person dies while employed with the City, the person’s estate shall be paid for all days of banked time. (4)Sick Leave Incentive. Anyone who takes two (2) days or less of sick leave in a full calendar year shall have one (1) day added to his or her vacation leave balance at the beginning of the following calendar year. (5)Sick Leave Use. Sick leave is charged in one (1) day segments and must be accrued prior to use in order to qualify for paid sick leave time off. Shorter periods of absence due to any of the reasons provided below are administered by the Mayor under subsection (a) of this section and are not charged to sick leave bal- ances for salaried employees. Sick leave is available up to the amount of accrued sick leave balance days and may be used for: i.Temporary disability resulting from personal illness or injury. ii.Providing care for children under the age of eighteen (18) when they have a health condition that requires parental supervision or treatment. iii.Attending medical, dental and/or ocu- list appointments as needed for preventive or rehabilita- tive health personal care or a child’s care, when such care requires parental presence to supervise or authorize treatment. iv.Pursuant to the Family Leave Act, to care for a sick child or other family member (spouse, parent, parent-in-law or grandparent). (6)Notification of Sick Leave Use. A person who is absent or expects to be absent from work due to causes specified in subsection (d)(5) of this section is to promptly notify the City by telephone or otherwise by 9:00 a.m., if possible, of the day of his or her scheduled work day. (7)Sick Leave During Authorized Paid Leave. A person who becomes ill or is injured during paid vacation may request the conversion of the vaca- tion leave to sick leave with pay by promptly notifying the City of the illness or injury and providing such infor- mation as is required by the City to verify the appropri- ateness of such a conversion. (8)Sick Leave Documentation and Approval. Within three (3) days after returning to work, a person who has been absent on sick leave is to submit such forms and provide such information as is required by the City to approve the payment of sick leave. The Mayor may require a person to demonstrate that he or she has sought treatment or require other verification needed to assure that the person is fit for duty or as needed to approve paid sick leave for the absence. (9)Sick Leave Retirement Payment. An employee who retires from City service on a PERS or LEOFF service or disability retirement shall be pro- vided a sick leave retirement payment at thirty-five (35) percent of the employee’s accrued and unused sick leave hours to a maximum of thirty-five (35) percent of nine hundred sixty (960) hours (a maximum total of three hundred thirty-six (336) hours). The payment will be made to the employee at the employee’s regular hourly wage rate in effect at the time of retirement. (10)Payment of Sick Leave Upon Death. In the event of the death of an employee, the employee’s estate shall be paid for the total accrued and unused sick leave hours at the employee’s regular hourly wage rate in effect at the time of death. (e)Bereavement Leave. Three (3) days of bereavement leave are allowed for attending funerals in the State of Washington and five (5) days for attending out of State funerals upon the death of a member of the immediate family. The first three (3) days of time off for bereavement leave will be compensated at the employee’s current salary. The additional two (2) days of time off for bereavement leave shall be charged against the employee’s vacation, floating holiday, sick 2.50-5 (Revised 10/22) leave or compensatory time leave balance at the option of the employee. Immediate family is defined as spouse, State registered domestic partner, child, stepchild, mother, father, step-parents, mother/father in-law, brother, sister, brother/sister in-law, grandparents and grandchildren of both an employee and his or her spouse. (f)Jury Duty, Witness Leave. Leave of absence with pay for the purpose of reporting to jury duty or if subpoenaed as a witness for the City is provided. Any juror or witness fees received by a person for the perfor- mance of such duties shall be assigned to the City. (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. 5457 §1, 2022; 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. 5457 §1, 2022; 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. 5457 §1, 2022; 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 a medical stipend in lieu of medical coverage in the same amount that is made available to represented employees included in the same retirement system in which they belong. 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 Washington 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. 5457 §1, 2022; 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. 5457 §1, 2022; 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 (Revised 10/22)2.50-6 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. 5457 §1, 2022; Ord. 4810, Amended, 09/14/2002; Ord. 4305 §1 (in part), 1991) 2.76-3 (Revised 10/22) entered into through direct negotiations. (Ord. 4934 §3 (part), 2005) 2.76.070 SUPPLY CONTRACTS AND BLANKET PURCHASE ORDERS. In lieu of requesting bids for each purchase or main- taining bid lists, the City may solicit bids or proposals for a supply contract for a specific term or issue a blan- ket purchase order for the supply of goods, materials, supplies, equipment or services on an as-needed basis in those instances where the specific service or product in a product line or volume of units is undetermined, such as the City’s needs and use of office supplies. (Ord. 4934 §3 (part), 2005) 2.76.080 DETERMINING COST OF CONTRACT. To determine the cost of a contract for the purpose of establishing the appropriate purchasing procedures under this chapter, when the contract has no definite term or unit amount such as a supply contract or blanket purchase order, the amount of each individual purchase shall determine the appropriate purchasing procedures. Contracts may not be split to avoid the bidding and authorization requirements set forth in this chapter. Bid splitting includes the inappropriate division of a pur- chase into separate units for purchase and/or over a period of time merely for the purpose of avoiding the required approval processes. Bid splitting does not include the purchase of goods or services by different City departments or offices for unrelated projects or pur- poses. (Ord. 4975 §3, 2006: Ord. 4934 §3 (part), 2005) 2.76.090 SOLE SOURCE PURCHASES. The requirements set forth in BMC 2.76.040 for requests for bids may be waived by a written determina- tion by the Director that either the materials, supplies, equipment or services are clearly and legitimately lim- ited to a single source of supply, or that the materials, supplies, equipment or services are subject to special market conditions, involve special facilities or services, or that a bid would otherwise not be practicable or in the City’s best interests under the circumstances, in which instances the purchase price may be best established by direct negotiation. The written determination shall also recite why this situation exists. (Ord. 4934 §3 (part), 2005) 2.76.100 CONTRACT APPROVAL REQUIRED. (a)Mayor/Director Approval. Any contract which is one hundred thousand dollars ($100,000) or less intended for the purchase, lease or rental of supplies, material, equipment or services must be approved by the Mayor or Director or his or her designee to become effective and binding upon the City. Such authorization must coincide with BMC 3.02.020 and not cause an overexpenditure of any budget category group and must also be in accordance with BMC 3.02.030. (b)Council Approval. Any contract which is over one hundred thousand dollars ($100,000) intended for the purchase, lease or rental of supplies, material, equip- ment or services must be approved by the City Council to become effective and binding upon the City. Such authorization must coincide with BMC 3.02.020 and not cause an overexpenditure of any budget category group and must also be in accordance with BMC 3.02.030. (c)Prior Council Consideration. For contracts or purchases under one hundred thousand dollars ($100,000), when the Council has specifically consid- ered and approved by formal action a particular pro- gram, budgeted item, or matter in which the amount of the contract and the contracting parties have been iden- tified, such as awards of bids, funding of certain pro- grams, authorization to purchase or to negotiate for the purpose of a particular item or service, or other similar program or matter, such consideration and approval shall constitute Council authorization for the purpose of this section. (Ord. 5452 §1, 2022; Ord. 4934 §3 (part), 2005) 2.76.110 AMENDMENTS AND CHANGE ORDERS - APPROVAL. (a)Amendments or change orders to contracts requiring City Council approval under this chapter may be administratively approved by the Mayor if the changes are: (1)Within the scope of the project; (2)Consistent with an initial bid process, if any; (3)Executed in writing; and (4)An increase of the contract award amount (CAA) as follows: Contract Award Amount Percentage Increase in CAA (the Greater Of)Limits Less than $100,000 30% or minimum Min.$0 Max.$30,000 $100,000 to $500,000 20% or minimum Min.$30,000 Max.$100,000 Greater than $500,000 10% or minimum Min.$100,000 Max.$200,000 (Revised 10/22)2.76-4 (b)The value of all change orders will be aggre- gated. When any single change order, or combined change orders on the same project or single purchase exceeds the value limit, the change must be approved by the City Council, except in the following instances: (1)On service contracts used to accomplish an ongoing City program as opposed to completing a short-term project or purchase, change order rules, including the aggregate rule, shall be applied on an annual basis. (2)Where the size of the contract and the exhausting of change order authority make further change order authorization impractical, the City Council may, upon recommendation of the Mayor, extend the aggregate limits of subsection (a)(4) of this section for specific contracts. (c)A work change directive may be used to: (1)Authorize and direct work that will result in an increase in contract price within the administrative authority of the Mayor as provided in subsection (a) of this section for specific contracts. Work change direc- tives that affect the contract price shall be incorporated into a change order. (2)Authorize and direct work that will result in an increase in contract price in excess of the adminis- trative authority of the Mayor as provided in subsection (a) of this section: (i)Where unforeseen conditions necessi- tate an immediate change to avoid a contractor’s claim against the City for delays; or (ii)Due to an emergency as defined in BMC 2.76.030(f). In such circumstances, the work change direc- tive shall be incorporated into a change order and pre- sented to the City Council at its next regularly scheduled public meeting, subject to scheduling. (Ord. 4934 §3 (part), 2005) 2.76.120 EXCEPTION FOR RECYCLED PRODUCTS. Nothing in this chapter shall prohibit the City from preferentially purchasing products made from recycled materials or products that may be recycled or reused. (Ord. 4934 §3 (part), 2005) 2.76.130 EMERGENCIES. When any emergency requires the immediate exe- cution of any contract to purchase, lease or rent as described in this chapter, upon the finding of the exis- tence of such an emergency, the Mayor shall have the power to make and enter into such contract without strict compliance with the purchasing requirements set forth in this chapter. The designated department director shall issue a written basis for the emergency determina- tion accompanied by a description and/or specification and cost estimate of the contract at the time of or as soon as practicable after the commencement of the purchase. (Ord. 4934 §3 (part), 2005) 2.76.140 CREDIT/PURCHASE CARD USE. (a)The Director of Financial Services shall imple- ment and maintain the following system for the distribu- tion, authorization and control of credit/purchase cards issued to or for the benefit of the City and used by City officials and employees. (1)Distribution. Credit cards may be distrib- uted to those City officials and employees who, in the opinion of the Director of Financial Services, have job responsibilities that would benefit or otherwise be facil- itated by use of credit/purchase cards. (2)Authorization and Control. The Director of Financial Services shall develop specific administra- tive guidelines and accounting controls to ensure the proper usage of credit/purchase cards and related funds. Credit/purchase cards are to be used when it is in the best interest of City administrative affairs. (3)Application. The individual holder, upon prior approval of the Director of Financial Services, shall use each credit/purchase card in a responsible man- ner. (4)Credit Limits. The Director of Financial Services shall set credit/purchase limits on each card issued subject to final approval by the Mayor. Individual purchases shall not exceed five thousand dollars ($5,000) and in no event shall the credit/purchase card limit exceed ten thousand dollars ($10,000) for any indi- vidual credit/purchase card account without pre- approval of the Director of Financial Services. (5)Credit Card Restriction. The following will be considered an unauthorized transaction, pur- chase or use of any City credit/purchase card: (i)Cash advances; (ii)Payment of invoices or statements; (iii)Purchases where an open charge account would be utilized; (iv)Personal purchases of any kind; and/or (v)Obtaining cash refunds for goods pur- chased with a City credit/purchase card. (6)Disallowed Charges. Disallowed charges or charges not properly identified will be paid by the employee before the charge card/purchase billing is due. Failure to do so will render the employee personally lia- ble where the City shall have a prior lien against and a right to withhold any and all funds payable or to become payable to the employee up to the unpaid amount, plus interest and/or fees at the rate charged by the bank that issued the card. The employee shall not use the 2.76-5 (Revised 10/22) credit/purchase card if any disallowed charges are out- standing. The act of obtaining a City credit/purchase card does not indicate pre-approval of expenditures. (7)Return of Credit/Purchase Card. The employee shall return all City credit/purchase cards at the request of the Director of Financial Services, or upon separation of employment. Final paycheck will be held until all outstanding City property has been returned. (b)The Mayor and/or Director of Financial Ser- vices are authorized to implement any additional poli- cies or administrative procedures necessary to implement the provisions of this section. (Ord. 4934 §3 (part), 2005) 2.76.150 PERSONAL PROPERTY DISPOSAL. (a)Surplus Personal Property of Twenty-Five Thousand Dollars ($25,000) or Less in Value. Approval of the City Council is not required for the sale or dispo- sition of any City-owned surplus personal property with an estimated value of twenty-five thousand dollars ($25,000) or less. When such personal property has been certified for disposition by a Director, sale or disposition shall be made by the Director in accordance with meth- ods described in subsection (c) of this section. Items having a nominal value may be disposed of in any rea- sonable and prudent manner or the Mayor may donate the item to a specific bona fide charitable organization which is tax exempt pursuant to Internal Revenue Code Section 501(c)(3). (b)Surplus Personal Property over Twenty-Five Thousand Dollars ($25,000) in Value. Disposition of surplus personal property with an estimated value over twenty-five thousand dollars ($25,000) must be approved by the City Council. The City Council may: (1)Approve the disposition; (2)Approve the disposition with conditions; or (3)Disapprove the proposed disposition, whereupon it shall give the Director directions for fur- ther action. (c)Methods of Disposition. Permissible methods of disposition of surplus personal property include, but are not limited to: (1)Public auction; (2)Solicitation of bids; (3)Negotiated sale for approximate fair mar- ket value; or (4)Transfer to another agency of government pursuant to subsection (d)(4) of this section. (d)Statutory Conditions/Exceptions. Certain pro- visions of the Revised Code of Washington impose spe- cial conditions or procedures for the disposition of municipal personal property. When required, the Direc- tor shall comply with those laws, and when authorized the Director may utilize said laws, treating them as lim- ited exceptions to the extent inconsistent with the requirements of this chapter. These laws include, but are not limited to, the following as currently enacted and hereinafter amended: (1)Chapter 35.94 RCW - Sale or Lease of Municipal Utilities; (2)Chapter 63.32 RCW - Unclaimed Property in Hands of City Police; (3)RCW 35.21.088 - Equipment rental fund; (4)Chapter 39.33 RCW - Intergovernmental Disposition of Property; (5)Chapter 39.34 RCW - Interlocal Coopera- tion Act; (6)Chapter 63.21 RCW - Lost and Found Property; (7)RCW 35.21.730 through 35.21.755 - Transfers to public corporations; and (8)RCW 46.55.230 and 46.55.240 - Disposi- tion of junk vehicles. (Ord. 4934 §3 (part), 2005) 2.76.160 POLICIES AND PROCEDURES. The Mayor is authorized to establish and implement policies and procedures deemed appropriate for the administration of this chapter. These policies and proce- dures shall be set forth in City Policy No. 1-20-03. (Ord. 4975 §4, 2006) 6.32-1 (Revised 10/22) Chapter 6.32 NOISE LEVELS Sections: 6.32.010 POLICY AND APPLICATION. 6.32.020 DEFINITIONS. 6.32.030 ENVIRONMENTAL SOUND - MAXIMUM PERMISSIBLE LEVELS. 6.32.040 MEASUREMENT OF SOUND. 6.32.050 PUBLIC DISTURBANCE NOISES. 6.32.060 VIOLATIONS - CIVIL PENALTY, CRIMINAL PENALTY. 6.32.010 POLICY AND APPLICATION. (a)It is the policy of the City to minimize the exposure of citizens to the physiological and psycholog- ical effects of excessive noise and to protect, promote and preserve the public health, safety and welfare. It is the express intent of the City Council to control the level of noise in a manner which promotes commerce; the use, value and enjoyment of property; sleep and repose; and the quality of the environment. (b)The following environments have been identi- fied and approaches adopted: (1)Use of Property. The different zoning dis- tricts of the City establish lawful uses which can be anticipated to produce noise at certain reasonable levels associated with these uses. The provisions of BMC 6.32.030 utilize thresholds consistent with those set forth in Chapter 70.107 RCW entitled "Noise Control" and Chapter 173-60 WAC entitled "Maximum Environ- mental Noise Levels" and recognizing that decibel inter- vals are increased exponentially with each ten (10) MHz of noise generation. The use of property is better suited to the use of noise measuring devices because use is consistent and can be measured at the property line from the property of the complainant. Properly trained and certified City staff or a certified consultant trained in the field of sound level measurement can be utilized in these situations when warranted. Intermittent noises and noise generated for the purpose of annoyance is more sporadic in nature and requires a different approach. The provi- sions of BMC 6.32.050 entitled "Public Disturbance Noises" are aimed at those situations which are difficult or impossible to address through measurement pursuant to BMC 6.32.030 entitled "Environmental Sound - Max- imum Permissible Levels." In administering and enforc- ing the provisions of this chapter, the City desires to coordinate the application of these two (2) approaches. The content of the speech shall not be considered against any person in determining a violation of this Chapter. (2)Similarly, public uses of the rights-of- way, such as parades, and First Amendment speech such as a lawful demonstration should be differentiated from pure commercial speech. Pure commercial speech has been defined by the U.S. Supreme Court as speech "which does no more than propose a commercial trans- action." Such speech while protected is susceptible of regulation; provided, that the City address the legitimate public concern of noise pollution in a thoughtful and tar- geted manner. (3)Finally, the City recognizes that the use of bells, chimes and carillons may constitute a call to wor- ship and accordingly such a use is protected as religious speech under the First Amendment. In addition, the his- toric use of a carillon by the City of Bremerton is an established historical use appropriate within the zone in which it is located. These noises are appropriate when limited by reasonable time, place and manner restric- tions. (c)The provisions of this chapter shall be admin- istered and enforced by the Administrator defined in BMC 6.32.020(a). (Ord. 5453 §1, 2022) 6.32.020 DEFINITIONS. All technical terminology used in this chapter not defined herein shall be interpreted in conformance with American National Standards Institute Specifications, Sections 1.1-1960 and 1.4-1971. For purposes of this chapter, the words and phrases used herein shall have the meaning indicated below: (a)"Administrator" means the Chief of Police or the Director of the Department of Community Develop- ment, of the City of Bremerton, as applicable, or their designee. (b)"dB(A)" means a sound level, measured in decibels, using the A frequency-weighting network of a sound level meter. (c)"City" means City of Bremerton. (d)"District" means the land use zones to which the provisions of this chapter apply. For the purposes of this chapter, the following noise control districts shall be established, which include land use zones designated in the Bremerton zoning and subarea plan ordinances, as follows: Noise Control District Land Use Zones (pursuant to BMC Title 20 and Subarea Plans) District I R-10, R-18, R-40, East Park Subarea Plan (SAP) (Revised 10/22)6.32-2 (e)"Emergency work" means: (1)Work made necessary to restore property to a safe condition following a public emergency consis- tent with Chapter 2.26 BMC; (2)Work required to protect persons or prop- erty from imminent exposure to danger; or (3)Work by private or public utilities for pro- viding or restoring immediately necessary utility ser- vice. (f)"Enforcement Officer" means the Administra- tor or a City, county or state law enforcement officer, City code enforcement officer or other official desig- nated or authorized by the Administrator to enforce the provisions of this chapter. (g)"Impulsive sound" means sound having the following qualities: the peak of the sound level is less than one (1) second and short compared to the occur- rence rate; the onset is abrupt; the decay rapid; and the peak value exceeds the ambient level by more than ten (10) dB(A). (h)"Leq" means the equivalent sound level, which is the constant sound level in a given time period that conveys the same sound energy as the actual time-vary- ing A-weighted sound. The applicable time period for the Leq must be specified. (i)"Lmax" means the maximum sound level over a measurement interval determined by using a sound level meter set to "Fast" response time. (j)"Motorcycle" means any motor vehicle having a saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, except farm tractors and such vehicles powered by an engine of less than five (5) horsepower. (k)"Motor vehicle" means any vehicle which is self-propelled, used primarily for transporting persons or property upon public highways, and required to be licensed under RCW 46.16.010 or a motorized transpor- tation device as defined in BMC 10.13.010. (Aircraft, watercraft, and vehicles used on rails or tracks are not motor vehicles as that term is used herein.) (l)"Noise" means the intensity, duration and char- acter of sounds from any and all sources. The terms "noise" and "sound" can be used interchangeably for purposes of this chapter. (m)"Person" means any natural person, firm, asso- ciation, partnership, corporation or any other entity, public or private. (n)"Plainly audible" means any sound for which any of the content of that sound, such as, but not limited to, comprehensible musical rhythms, is communicated to a person using their unaided hearing faculties. For the purposes of enforcement of this code, the detection of any component of sound, including, but not limited to, the rhythmic bass by a person using their unaided hear- ing faculties is sufficient to verify plainly audible sound. It is not necessary for such person to determine the title, specific words or artist of music, or the content of any speech. (o)"Property boundary" means the survey line at ground surface which separates real property owned, rented or leased by one (1) or more other persons and its vertical extension. (p)"Receiving property" means real property within which sound originating from sources outside the property is received. (q)"Sound" means vibrations that travel through the air or another medium and are audible to the human ear. The terms "sound" and "noise" can be used inter- changeably for purposes of this chapter. (r)"Sound level" means a weighted sound pres- sure level obtained by the use of a sound level meter and weighted as specified in American National Standards Institute Specifications (ANSI), Section 1.4-1983, as it now exists or is hereafter amended. (s)"Sound level meter" means a sound level mea- suring device, either Type I or Type II, as defined by American National Standards Institute Specifications, Section 1.4-1983, as it now exists or as hereafter amended. (t)"Weekend" means Saturday and Sunday or any legal holiday. (Ord. 5453 §1, 2022; Ord. 5301 §9, 2016: Ord. 4977 §2, 2006; Ord. 4915 §2, 2004; Ord. 4891 §1, 2004; Ord. 4226 §1, 1989; Ord. 3722 §1, 1982. For- merly 6.32.010) 6.32.030 ENVIRONMENTAL SOUND - MAXIMUM PERMISSIBLE LEVELS. (a)It is unlawful for any person to cause or permit noise from any source located within the City of Bremerton to intrude into the property of another which exceeds the maximum or permissible exterior noise level limits set forth below: District II NB, BC, DCC, DW, DC, INST, GC, Bay Vista SAP, Downtown SAP, Gorst SAP, Eastside Village SAP District III I, CUL, WS, FC, PSIC SAP Noise Control District Land Use Zones (pursuant to BMC Title 20 and Subarea Plans) Table I - Exterior Noise Level Limits District of Sound Source District Receiving Property Within the City of Bremerton I II III I 55 dB(A)57 dB(A)60 dB(A) II 57 dB(A)60 dB(A)65 dB(A) III 60 dB(A)65 dB(A)70 dB(A) 6.32-3 (Revised 10/22) (b)The exterior noise level limits are based on the Leq, as defined in BMC 6.32.020, during the measure- ment interval, using a minimum interval of one (1) min- ute for a constant sound source, or a one (1) hour measurement for a noncontinuous sound source. The standard of measurement shall be a one (1) hour Leq. Leq may be measured for times not less than one (1) minute to project an hourly Leq. (1)During a measurement interval, Lmax, as defined in BMC 6.32.020, may exceed the exterior sound level limits shown in Table I by no more than fif- teen (15) dB(A). (2)For any source of sound that is impulsive, as defined in BMC 6.32.020, and not measured with an impulse sound level meter, the exterior sound level lim- its established by Table I are reduced by five (5) dB(A). (c)Between the hours of 10:00 p.m. and 7:00 a.m. the noise limitations of the foregoing table shall be reduced by ten (10) dBA for receiving property within District I and District II. (d)At any hour of the day or night the applicable noise limitations in subsections (a) and (c) of this sec- tion may not be exceeded for any receiving property. (e)Exemptions. (1)The following shall be exempt from the provisions of subsections (a) and (c) of this section between the hours of 7:00 a.m. and 10:00 p.m.: i.Sounds originating from residential property relating to temporary projects for the mainte- nance or repair of homes, grounds and appurtenances. ii.Sounds created by the discharge of firearms on authorized shooting ranges. iii.Sounds created by blasting conducted in compliance with WAC 296-52-64005. iv.Sounds created by aircraft engine testing and maintenance not related to flight operations; provided, that aircraft testing and maintenance shall be conducted at remote sites whenever possible. v.Sounds created by the installation or repair of essential utility services. (2)The following shall be exempt from the provisions of subsection (c) of this section: i.Noise from electrical substations and existing stationary equipment used in the conveyance of water, wastewater, and natural gas by a utility. ii.Noise from existing industrial instal- lations which exceed the standards contained in these regulations but which comply with or are authorized by the State Department of Ecology pursuant to Chapter 70.107 RCW entitled "Noise Control," Chapter 173-58 WAC entitled "Sound Level Measurement Procedures" and Chapter 173-60 WAC entitled "Maximum Environ- mental Noise Levels." (3)The following shall be exempt from the provisions of subsections (a) and (c) of this section, except insofar as such provisions relate to the reception of noise within District I and District II between the hours of 10:00 p.m. and 7:00 a.m.: i.Sounds originating from duly permit- ted temporary construction sites as a result of construc- tion activity. ii.Sounds originating from forest har- vesting and silvicultural activity. (4)The following shall be exempt from all provisions of subsections (a) and (c) of this section: i. Sounds created by motor vehicles when regulated by Chapter 173-62 WAC. ii. Sounds originating from aircraft in flight and sounds that originate at airports which are directly related to flight operations. iii.Sounds created by surface carriers engaged in interstate commerce by railroad. iv. Sounds created by warning devices not operating continuously for more than five (5) min- utes, or bells, chimes, and carillons which do not exceed five (5) minutes in an hour when operated between the hours of 7:00 a.m. and 10:00 p.m. v. Sounds created by safety and protec- tive devices where noise suppression would defeat the intent of the device or is not economically feasible. vi. Sounds created by emergency equip- ment and work necessary in the interests of law enforce- ment or for health, safety or welfare of the community. vii. Sounds originating from motor vehi- cle racing events at existing authorized facilities. viii. Sounds originating from parades and other public events when duly permitted and conducted within the public right-of-way or on a site designated by the applicable permit. ix.Sounds created by motor vehicles, licensed or unlicensed, when operated off public high- ways except when such sounds are received in District I and District II. x.Fireworks lawfully discharged within the City pursuant to Chapter 9.48 BMC. xi.Sounds caused by the emergency repair, routine maintenance, or construction of any pub- lic facility, utility, or street approved by the City of Bremerton Public Works and Utilities Department. (Ord. 5453 §1, 2022; Ord. 4226 §3, 1989; Ord. 3722 §3, 1982. Formerly 6.32.040) 6.32.040 MEASUREMENT OF SOUND. (a)If the measurements of sound are made with a sound level meter, it shall be an instrument in good operating condition meeting the requirements for a Type I or Type II instrument, as delineated in American (Revised 10/22)6.32-4 National Standards Institute Specifications (ANSI), Section 1.4-1983, as it now exists or is hereafter amended. If the measurements are made with other instruments, or assemblages of instruments, the proce- dure must be carried out in such a manner that the over- all accuracy shall be at least that called for in Section 1.4-1983 ANSI for Type II instruments. (b)When the location, distance or technique for measurement of sound is impractical or would yield misleading or inaccurate results, measurements shall be taken at other locations or distances utilizing appropri- ate correction factors. (c)Where a receiving party is partly within one (1) district and partly within another, the maximum permis- sible noise level at a point within the property boundary shall be that permitted into a receiving property wholly within the lowest intensity district in which the sound is measured. (Ord. 5453 §1, 2022; Ord. 4226 §4, 1989; Ord. 3722 §7, 1982. Formerly 6.32.050) 6.32.050 PUBLIC DISTURBANCE NOISES. It is hereby unlawful and declared a public nuisance for any person to cause, or for any person in possession of property to allow to originate from the property, noise defined in this section. For prosecution under this sec- tion, evidence of sound level through the use of a sound level meter reading shall not be necessary to establish a commission of the offense. Provisions of this section shall be cumulative and not exclusive, and shall not affect any other claim, cause of action or remedy includ- ing any prosecution for violation of sections regulating environmental noise. The content of the noise will not be considered in determining a violation. Sounds which do not exceed the maximum environmental noise levels set forth in BMC 6.32.030 may constitute public distur- bance noises. For purposes of this section, any noise or sound emanating from a business or other source on the property shall be presumed to be with knowledge, per- mission or consent of the owner or legal occupant of the property, which presumption may be rebutted by rea- sonable evidence to the contrary. The following shall be public disturbance noises: (a)The creation of frequent, repetitive or continu- ous noise in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motor- cycle, off-highway vehicle or internal combustion engine within District I and District II so as to unreason- ably disturb or interfere with the peace, comfort and repose of owners or possessors of real property so as to be plainly audible to a person of average hearing from a distance of one hundred (100) feet or more from the source. (b)The use of a sound amplifier or other device capable of producing or reproducing amplified sound upon public streets for the purpose of commercial adver- tising or sales or for attracting the attention of the public to any vehicle, structure or property or the contents therein operated at a volume so as to be plainly audible to a person of average hearing from a distance of one hundred (100) feet or more from the source, except as permitted by law. (c)Sound from motor vehicle sound systems, such as tape players, radios, and compact disc players, oper- ated at a volume so as to be plainly audible to a person of average hearing from a distance of one hundred (100) feet or more from the vehicle itself. (d)Operating or playing, or permitting the operat- ing or playing of, any audio equipment, television set, musical instrument, or any sound, music or other noise emanating from any other fixed or portable audio equip- ment or similar device, operated at a volume so as to be plainly audible to a person of average hearing from a distance of one hundred (100) feet or more from the source. (e)Creating loud, raucous, frequent, repetitive, or continuous sounds with the human voice, whether by amplification equipment, such as a microphone, or not, so as to be plainly audible to a person of average hearing from a distance of one hundred (100) feet or more from the source. (f)The creation of any loud noises which emanate frequently, or repetitively or continuously from any building, structure or property which unreasonably dis- turbs the peace, comfort and repose of others so as to be plainly audible to a person of average hearing from a distance of one hundred (100) feet or more from the source. (g)Within District II and District III, between the hours of 3:00 p.m and 11:00 p.m. on Fridays and Satur- days, music originating from or in connection with the operation of any commercial establishment or enterprise shall only be subject to the provisions of this section and be considered public disturbance noises if such music is plainly audible to a person of average hearing from a distance of two hundred (200) feet or more from the source. (h)Between the hours of 7:00 a.m. and 10:00 p.m. the following noises shall be exempt from the provisions of this section and shall not be considered public distur- bance noises: (1)Sounds originating from residential prop- erty relating to temporary projects for the maintenance or repair of homes, grounds and appurtenances. (2)Sounds created by the discharge of fire- arms on authorized shooting ranges. (3)Sounds created by the installation or repair of essential utility services. (4)Sounds originating from duly permitted temporary construction sites as a result of construction activity. 6.32-5 (Revised 10/22) (5)Sounds originating from forest harvesting and silvicultural activity. (6)Sounds created by bells, chimes, and car- illons which do not exceed five (5) minutes in an hour. (i)At all times the following noises shall be exempt from the provisions of this section and shall not be considered public disturbance noises: (1)Sounds created by warning devices not operating continuously for more than five (5) minutes. (2)Sounds created by safety and protective devices where noise suppression would defeat the intent of the device or is not economically feasible. (3)Sounds created by emergency equipment and work necessary in the interests of law enforcement or for the health, safety or welfare of the community. (4)Sounds originating from parades and other public events when duly permitted and conducted within the public right-of-way or on a site designated by the applicable permit. (5)Fireworks lawfully discharged within the City pursuant to Chapter 9.48 BMC. (6)Sounds caused by the emergency repair, routine maintenance, or construction of any public facil- ity, utility, or street approved by the City of Bremerton Public Works and Utilities Department. (7)Sounds created from school marching bands while participating in school sanctioned practices or performances. (Ord. 5453 §1, 2022; Ord. 4851 §1, 2003; Ord. 4780, Amended, 11/26/2001; Ord. 4226 §9, 1989. Formerly 6.32.110) 6.32.060 VIOLATIONS - CIVIL PENALTY, CRIMINAL PENALTY. (a)Civil Infraction. Any person who violates the provisions of this chapter shall be subject to a civil pen- alty of up to two hundred fifty dollars ($250.00); pro- vided, that the penalty for a second or subsequent violation within a two-year period shall be a civil pen- alty of up to five hundred dollars ($500.00), unless determined to be a habitual violator pursuant to subsec- tion (b) of this section. (b)Habitual Violators - Misdemeanor. Any per- son, after receiving three (3) or more infractions, singu- larly or in combination, for prior violations of this chapter within a one hundred eighty (180) day period found to be committed by the Municipal Court shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2) upon a subsequent violation within said one hundred eighty (180) day period. A conviction of a misdemeanor under this subsection shall be considered and counted as an infraction for the purpose of determining whether or not a violator is a habitual violator. The civil penalty shall be collected by legal action brought in the name of the City. (c)For enforcement purposes, each day, defined as a twenty-four (24) hour period beginning at 12:01 a.m. in which violation of this chapter occurs, shall con- stitute a separate violation. (Ord. 5453 §1, 2022; Ord. 4288 §3, 1990; Ord. 4226 §11, 1989. Formerly 6.32.120) 7.15-1 (Revised 10/22) Bremerton Municipal Code 7.15.010 Chapter 7.15 VIOLATIONS AND INFRACTIONS Sections: 7.15.010 INFRACTIONS. 7.15.020 INFRACTION PENALTY. 7.15.030 VIOLATION - MISDEMEANOR. 7.15.040 VIOLATION - PUBLIC NUISANCE. 7.15.010 INFRACTIONS. In addition to other violations and related fines or penalties provided in this title, the following violations are declared to be Class 1 civil infractions: (a)Animal at Large. For the owner of a pet or live- stock to suffer or permit such animal to leave the prem- ises of the owner, unless the animal is under physical restraint adequate to the size and nature of the animal or is sufficiently near its owner to be under its owner’s direct control and is obedient to its owner’s commands, except that all dogs must be leashed when not on the premises of the owner. Exceptions to this restriction are pets engaged in formal training, competition, service dogs engaged in an activity for which they are trained or in service, or dogs allowed in City of Bremerton dog parks as provided in Chapter 13.04 BMC. This provi- sion also applies to the requirements established in BMC 7.06.010(m); (b)Animal in Heat. For the owner of a pet in heat to keep such an animal where it is accessible to male animals unless such accessibility is for the purpose of planned breeding; (c)Animal Noise. For any person(s) to own any animal which by its barking, howling, baying, squeal- ing, crowing, crying, bleating, screeching, or making any other noise which by its volume or frequency unrea- sonably disturbs or interferes with the peace of any per- son(s) for more than fifteen (15) minutes in any one (1) hour period of any day, and is documented by three (3) or more separate episodes of such noise in a sequential seven (7) day period. The burden is upon the owner of such animal(s) to maintain quiet. Exceptions to this sub- section are commercial pet facilities, animal welfare facilities, veterinary hospitals, or grooming parlors oth- erwise in compliance with the Bremerton Municipal Code including, but not limited to, BMC 7.08.030, or those who can substantiate that such animal noise was caused by an injury or illness of the animal(s) or by will- ful trespass, torment, or abuse of the animal(s) on its property by others. Enforcement may be undertaken only upon written receipt of a complaint made to either the animal control authority or law enforcement by a person(s) residing at or who is employed in an area affected by such public noise disturbance. Any such animal(s) shall be deemed a nuisance and may be seized and impounded, pursuant to BMC 7.10.010(a), if the disturbance reoccurs after the owner or custodian of such animal(s) has received two (2) written warnings from either the animal control authority or law enforcement within a calendar year; (d)Damaging Property. For the owner of a pet or livestock to suffer or permit the animal to leave the premises of the owner and thereafter cause damage to anything of value or any other pet or livestock; (e)Disturbing Pedestrians. For the owner of a pet or livestock, when off the property of the owner, to suf- fer or permit the animal to disturb people lawfully on public ways. For the purposes of this section, "disturb" shall mean to chase or approach a person upon the streets, sidewalks, or any other public grounds or private property in a menacing fashion or apparent attitude of attack; (f)Chasing Vehicles. For the owner of a pet or livestock to suffer or permit the animal to chase or run at or after vehicles lawfully on public ways; (g)Reporting and Releasing Stray Animals. For any person to fail to notify the animal control authority that a stray pet or livestock is in the person’s possession, or to refuse to release such stray animal to the animal control authority upon demand; (h)Releasing Animal. For any person except the owner or other authorized person to release any pet or livestock from confinement; (i)Excess Number of Animals. To own more than a total of four (4) household pets as provided in BMC 7.08.010(f) or to own more than a total of five (5) chick- ens as provided in BMC 7.06.010(a) at the same place or residence without a valid commercial pet facility or animal welfare facility license; (j)Failure to License. For an owner to fail to license a cat or dog as required by BMC 7.08.010(a); or to fail to obtain a chicken license as required by BMC 7.06.020(a); (k)Animal Bites. To own a pet or livestock that bites a person while such person is on public property or lawfully on private property; (l)Agitating an Animal. To intentionally agitate, harass, or provoke a pet or livestock except that a person may take reasonable steps, not causing undue pain or suffering, to remove unwanted animals from their prop- erty; (m)Failing to Notify Animal Control Authority of Change of Ownership, Custody, and/or Residence. For any owner of an animal that has been declared danger- ous or potentially dangerous to sell, barter, or otherwise transfer the ownership, custody, or residence of such an animal without notifying the animal control authority within fourteen (14) calendar days of the change as (Revised 10/22)7.15-2 7.15.020 required by BMC 7.12.010(i) or to otherwise fail to comply with the requirements of that section; (n)Sale, Barter, or Other Transfer of Pets in Public Places Prohibited. It is unlawful to sell, barter, or other- wise transfer for the purpose of changing ownership any pet in an area open to the public, unless such activity is pursuant to BMC 7.08.030, or occurs at a sanctioned dog or cat show; (o)Transporting a pet or livestock in the open bed of a pickup truck or other outside part of a vehicle unless a suitable harness, cage, or enclosure is utilized and attached so as to protect such animal from falling or being thrown from the vehicle, and would not by its design or application cause injury to the animal; (p)Pets Chasing Livestock. For the owner of a pet to permit that animal to harass or chase another owner’s livestock, when not engaged in the specific work of herding approved by the owner of the livestock; (q)Animal Waste. For the owner of a pet to fail to remove deposits of fecal material originating from the owner’s animal from public or private property unless the owner of such property has given permission for such material to be deposited. This shall not authorize such deposits as are otherwise governed by public health regulations or other provisions of this code; (r)Outdoor Feeding. It shall be unlawful: (1)To feed or allow any domestic or wild ani- mals or birds to be fed outdoors at such times and in such numbers that feeding birds or animals create an unreasonable disturbance or accumulation of droppings on surrounding properties, including public property; or (2)To feed or allow raccoons to be fed out- doors at any time; (s)Ownership or possession by a person under the age of eighteen (18) years old of any dangerous or potentially dangerous animal; (t)Roosters. It is unlawful to keep a rooster or roosters as prohibited by BMC 7.06.010(b); (u)Henhouses, coops and chicken tractors. For an owner to fail to comply with the provisions of BMC 7.06.010(d) through BMC 7.06.010(k); (v)For an owner to keep chickens in violation of BMC 7.06.010(m); (w)Chickens kept inside a permitted dwelling. For anyone to keep chickens, except chicks, inside any per- mitted dwelling as prohibited by BMC 7.06.010(c); (x)For an owner to fail to manage chicken manure as required in BMC 7.06.010(n); (y)For an owner to fail to maintain chicken feed in rodent-proof containers as required by BMC 7.06.010(p); (z)For an owner to fail to provide for rodent-proof chicken structures pursuant to BMC 7.06.010(q); (aa) For an owner to fail to take necessary steps to eradicate rodents pursuant to BMC 7.06.010(r); (bb)For any owner to slaughter chickens in viola- tion of BMC 7.06.010(o). This provision shall in no way limit the City of Bremerton’s ability to prosecute for violations of Chapter 7.14 BMC. (cc)Failure to Provide Adequate Care. For any owner of a pet or livestock to fail to: (1)Provide adequate food and water for any pet or livestock, as defined in BMC 7.04.020(a); (2)Provide adequate shelter for any pet or livestock, as defined in BMC 7.04.020(b), except as may be appropriate for short-term medical requirements or generally accepted livestock husbandry practices such as swine farrowing; (3)Provide appropriate habitat and medical care; or (4)Maintain facilities housing pets in a healthful, sanitary, and safe manner. (Ord. 5446 §1, 2022; Ord. 5243 §1 (part), 2014: Ord. 5185 §2, 2012; Ord. 5126 §3, 2010; Ord. 4952 §2, 2005; Ord. 4949 §1 (part), 2005) 7.15.020 INFRACTION PENALTY. (a)Infraction. The base penalty for any infraction specified in BMC 7.15.010 shall be one hundred twenty- five dollars ($125.00) for the first violation, two hun- dred fifty dollars ($250.00) for the second infraction committed within any twelve (12) month period, and five hundred dollars ($500.00) for the third and subse- quent infractions committed within any twelve (12) month period. In addition to the base penalty, a public safety and educational assessment and any other assess- ments required by statute shall be imposed. Each and every day or portion thereof in which an infraction is committed shall constitute a separate and distinct infrac- tion. Infractions under this section may be charged and processed pursuant to Chapter 1.12 BMC. (Ord. 5243 §1 (part), 2014: Ord. 4949 §1 (part), 2005) 7.15.030 VIOLATION - MISDEMEANOR. Any person who fails to cure a violation or comply with the requirements of this chapter after issuance of an infraction pursuant to BMC 7.15.020 shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2). (Ord. 5243 §1 (part), 2014: Ord. 4949 §1 (part), 2005) 7.15.040 VIOLATION - PUBLIC NUISANCE. Any violation of the provisions of this title, regard- less if such constitutes a crime or infraction hereunder, shall be, and the same are declared to be, unlawful and a public nuisance. (Ord. 5243 §1 (part), 2014: Ord. 4949 §1 (part), 2005) 9A.24-1 (Revised 10/22) Chapter 9A.24 FIREARMS AND DANGEROUS WEAPONS Sections: 9A.24.010 TERMS DEFINED. 9A.24.020 CARRYING PISTOL. 9A.24.030 EXCEPTION. 9A.24.040 ISSUANCE OF LICENSES TO CARRY. 9A.24.050 DELIVERY TO MINORS AND OTHERS FORBIDDEN. 9A.24.060 SALES REGULATED - APPLICATION TO PURCHASE - GROUNDS FOR DENIAL. 9A.24.070 EXEMPTIONS. 9A.24.080 DENIAL OF APPLICATION - APPEAL. 9A.24.090 FORFEITURE OF FIREARMS, ORDER BY COURTS - RETURN TO OWNER - CONFISCATION BY LAW ENFORCEMENT OFFICER. 9A.24.100 DEALER’S LICENSES, BY WHOM GRANTED AND CONDITION THEREOF - WHOLESALE SALES EXCEPTED - PERMITS PROHIBITED. 9A.24.110 CERTAIN TRANSFERS FORBIDDEN. 9A.24.120 FALSE INFORMATION FORBIDDEN. 9A.24.130 ALTERATION OF IDENTIFYING MARKS PROHIBITED. 9A.24.140 EXCEPTIONS. 9A.24.150 ALIEN’S LICENSE TO CARRY FIREARMS - EXCEPTION. 9A.24.160 AIMING OR DISCHARGING FIREARMS, OR DISCHARGING EXPLOSIVES PROHIBITED - PENALTY - EXCEPTIONS. 9A.24.170 USE OF FIREARMS BY MINOR. 9A.24.180 DANGEROUS WEAPONS - EVIDENCE. 9A.24.190 DANGEROUS EXHIBITIONS. 9A.24.200 WEAPONS APPARENTLY CAPABLE OF PRODUCING BODILY HARM, CARRYING, EXHIBITING, DISPLAYING OR DRAWING UNLAWFUL - PENALTY - EXCEPTIONS. 9A.24.210 POSSESSING DANGEROUS WEAPONS ON SCHOOL PROPERTY. 9A.24.220 WEAPONS PROHIBITED IN CERTAIN PLACES. 9A.24.230 OPEN CARRY OF WEAPONS PROHIBITED IN MUNICIPAL BUILDINGS. 9A.24.010 TERMS DEFINED. RCW 9.41.010 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, together with the following: "Air gun" means the following: air guns, air pistol, air rifle, BB gun and toy guns of any kind or nature when so designed, contrived, modified and used to propel, by compressed air or other gas or spring, any pellet, dart, BB, rock or other hard substance a distance of more than twenty-five (25) feet with sufficient force to break win- dows or injure persons or animals. (Ord. 4850 §2 (in part), 2003) 9A.24.020 CARRYING PISTOL. RCW 9.41.050, 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.24.030 EXCEPTION. RCW 9.41.060 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.24.040 ISSUANCE OF LICENSES TO CARRY. RCW 9.41.070 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.24.050 DELIVERY TO MINORS AND OTHERS FORBIDDEN. RCW 9.41.080, 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. 4850 §2 (in part), 2003) (Revised 10/22)9A.24-2 9A.24.060 SALES REGULATED - APPLICATION TO PURCHASE - GROUNDS FOR DENIAL. RCW 9.41.090 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.24.070 EXEMPTIONS. RCW 9.41.093 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.24.080 DENIAL OF APPLICATION - APPEAL. RCW 9.41.095 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.24.090 FORFEITURE OF FIREARMS, ORDER BY COURTS - RETURN TO OWNER - CONFISCATION BY LAW ENFORCEMENT OFFICER. RCW 9.41.098 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.24.100 DEALER’S LICENSES, BY WHOM GRANTED AND CONDITION THEREOF - WHOLESALE SALES EXCEPTED - PERMITS PROHIBITED. RCW 9.41.110 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.24.110 CERTAIN TRANSFERS FORBIDDEN. RCW 9.41.120 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.24.120 FALSE INFORMATION FORBIDDEN. RCW 9.41.130, 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. 4850 §2 (in part), 2003) 9A.24.130 ALTERATION OF IDENTIFYING MARKS PROHIBITED. RCW 9.41.140, 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. 4850 §2 (in part), 2003) 9A.24.140 EXCEPTIONS. RCW 9.41.150 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.24.150 ALIEN’S LICENSE TO CARRY FIREARMS - EXCEPTION. RCW 9.41.170 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.24.160 AIMING OR DISCHARGING FIREARMS, OR DISCHARGING EXPLOSIVES PROHIBITED - PENALTY - EXCEPTIONS. (a)It is unlawful for any person to: (1)Aim any gun, pistol, revolver or other fire- arm whether loaded or not, at or towards any human being or police animal, or willfully discharge any fire- arm, air gun, or other weapon, or throw any deadly mis- sile in a public place, or in any place where any person or police animal might be endangered thereby, although no injury results; or (2)Fire, discharge, explode or cause to be exploded any object containing gunpowder or other explosive material or fluid, or firecracker in a public place, or in any place where any person or police animal might be endangered thereby. (b)Subsection (a) of this section shall not apply to or affect the following: (1)The aiming or discharge of any firearm, other weapon or explosive described in subsection (a) of this section by a law enforcement officer engaged in the performance of his or her powers or duties; or (2)The aiming or discharge of a firearm, as defined in BMC 9A.24.010, or air gun upon a rifle or pistol firing range which has been issued a business license by the City for such purpose; or (3)A firearm or other explosive device described in subsection (a) of this section which is dis- charged within the City where the person so discharging the same has procured, in addition to any license or per- mit required under Chapter 70.77 RCW, a written per- mit issued by the chief of police granting such person 9A.24-3 (Revised 10/22) permission to discharge such firearm or weapon at the time, place, in the manner and for the purpose the permit was issued. Such permit shall not issue unless and until the chief of police finds as fact that: A.Such discharge is essential for the protection of a growing or matured crop; B.The applicant has not been convicted in the state, or elsewhere, of a crime of violence nor of moral turpitude; C.The applicant has a bona fide current permit from the state or from a department of the United States authorizing the applicant to so protect such crop or crops; D.Such discharge can reasonably be accom- plished without endangering other persons or property. Such permits may be annual permits which expire on June 30th of each year and upon the payment of a fee therefor in the sum of three dollars ($3.00), shall be lim- ited to the use of birdshot, shall immediately terminate upon any damage, destruction, or undue hazard to other persons or property, or upon violation of the terms of its issue. A permittee under this chapter violating any con- dition of such permit, or giving false information in application therefor, shall not again be eligible for a per- mit. (Ord. 4850 §2 (in part), 2003) 9A.24.170 USE OF FIREARMS BY MINOR. RCW 9.41.240 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.24.180 DANGEROUS WEAPONS - EVIDENCE. RCW 9.41.250 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.24.190 DANGEROUS EXHIBITIONS. RCW 9.41.260 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.24.200 WEAPONS APPARENTLY CAPABLE OF PRODUCING BODILY HARM, CARRYING, EXHIBITING, DISPLAYING OR DRAWING UNLAWFUL - PENALTY - EXCEPTIONS. RCW 9.41.270 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.24.210 POSSESSING DANGEROUS WEAPONS ON SCHOOL PROPERTY. RCW 9.41.280 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.24.220 WEAPONS PROHIBITED IN CERTAIN PLACES. (a)A weapon is defined as follows: (1)Any firearm; (2)Any dangerous weapon as listed in RCW 9.41.250; (3)Any explosive defined in RCW 70.74.010; (4)Any devices commonly known as "nun- chu-ka sticks," consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope or other means; (5)Any device commonly known as "throw- ing stars," which are multipointed, metal objects designed to embed upon impact from any aspect; or (6)Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas. (b)It is unlawful for any person to enter the fol- lowing places when he knowingly possesses or know- ingly has under his control a weapon: (1)A courtroom or judge’s chamber, and areas used in connection with court proceedings, includ- ing jury rooms, court offices, waiting areas, and corri- dors adjacent to the above areas used in connection with court proceedings. (2)That portion of an establishment classified by the State Liquor Control Board as off-limits to per- sons under twenty-one (21) years of age. (c)Subsection (a) of this section does not apply to: (1)Law enforcement personnel; or (2)A person engaged in military activities sponsored by the federal or state governments, while engaged in official duties; or (3)Security personnel while engaged in offi- cial duties; or (4)Any person who is involved in a conven- tion, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the firearms or collectors or instructors are handled or dis- played; or (5)Any student or employee of a private mil- itary academy when on the property of the academy; or (Revised 10/22)9A.24-4 (6)Any person while the person is participat- ing in a firearms or air gun competition approved by the school or the school district; or (7)Any person who has been issued a license under RCW 9.41.070, while picking up or dropping off a student; or (8)Any person legally in possession of a fire- arm or dangerous weapon that is secured within an attended vehicle or concealed from view within a locked unattended vehicle while conducting legitimate busi- ness at the school; or (9)Any person who is in lawful possession of an unloaded firearm, secured in a vehicle while conduct- ing legitimate business at the school. (d)Areas connected with court facilities where weapons are prohibited shall be clearly marked and notices posted at each entrance of the court facility that weapons are prohibited in the restricted areas. (e)A stationary locked box shall be provided within the court room building to receive weapons for safekeeping, or the court shall designate an official within the building to receive weapons for safekeeping, during the owner’s visit to restricted areas of the court facility. (f)"Weapon-free zone" signs shall be posted around school facilities giving warning of the prohibi- tion of the possession of weapons on school grounds. (g)Any person violating this section is guilty of a misdemeanor. (Ord. 4850 §2 (in part), 2003) 9A.24.230 OPEN CARRY OF WEAPONS PROHIBITED IN MUNICIPAL BUILDINGS. RCW 9.41.305 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. 5454 §1, 2022) 9A.32-1 (Revised 10/22) 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 and 10.99 RCW, 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. (Ord. 5455 §1, 2022; 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 Chapter 7.105 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. (Ord. 5455 §2, 2022; 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 10/22)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.44-1 (Revised 10/22) 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.44.130 INTERFERENCE WITH A HEALTH CARE FACILITY. 9A.44.140 PENALTY. 9A.44.010 DEFINITIONS. The following definitions are applicable in BMC 9A.44.020 through 9A.44.080, unless the context other- wise requires: (a)"Peace" as used in the phrase "public peace" means the tranquility enjoyed by members of a commu- nity where good order presides. (b)"Public place" means an area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots and build- ings open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them. (c)"Unreasonably disrupts" means to substan- tially impair the conduct of a meeting by intentionally committing acts in violation of implicit customs or usages or of explicit rules for governance of the meeting he or she knew, or as a reasonable man or woman should have known. (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003) 9A.44.020 DISORDERLY CONDUCT. RCW 9A.84.030 is adopted by reference as cur- rently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003) 9A.44.030 FAILURE TO DISPERSE. RCW 9A.84.020 is adopted by reference as cur- rently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003) 9A.44.040 EXPECTORATING. It is unlawful for a person to expectorate upon the floor, walls or furniture of any public conveyance, pub- lic building or any store open to and used by the public. (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003) 9A.44.050 MISCHIEF ON BRIDGES. It is unlawful for any person to intentionally: (a)Throw, drop or otherwise cause any object or missile to be thrown, dropped or released from any por- tion of any bridge, including the bridges crossing the Port Washington Narrows, commonly known as the Bremerton-Manette and Warren Avenue Bridges; or (b)Jump, leap or go upon with the intent of jump- ing or leaping from any portion of any bridge, including the Port Washington Narrows, commonly known as the Bremerton-Manette and Warren Avenue Bridges. (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003) 9A.44.060 UNLAWFUL TRANSIT CONDUCT. RCW 9.91.025 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003) 9A.44.065 URINATING IN PUBLIC. (a)A person is guilty of the crime of urinating in public if he or she intentionally urinates or defecates in a public place, other than a washroom or toilet room, or at a place and under circumstances where such act could be observed by any member of the public. (b)Any violation of the provisions of this section shall be an infraction, and any person found in violation shall be subject to a penalty not to exceed two hundred fifty dollars ($250.00). (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011) 9A.44.070 INDECENT EXPOSURE. RCW 9A.88.010, with the exception of those provi- sions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003) (Revised 10/22)9A.44-2 9A.44.080 INTRODUCING CONTRABAND IN THE THIRD DEGREE. RCW 9A.76.160 is adopted by reference as cur- rently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003) 9A.44.090 RIOT. RCW 9A.84.010 is adopted by reference as cur- rently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003) 9A.44.100 LASERS. Chapter 9A.49 RCW, with the exception of those provisions contained therein for which a violation con- stitutes a felony crime, is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5262 §2, 2014: Ord. 5208 §2 (part), 2013: Ord. 5165 §1, 2011. Formerly 9A.44.110) 9A.44.120 PEDESTRIAN OR VEHICULAR INTERFERENCE. (a)Definitions. The following definition applies in this section: "Public place" means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and grounds enclosing them. (b)Violation. A person is guilty of pedestrian or vehicular interference if, in a public place, he or she intentionally walks, stands, sits, lies, or places an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. (c)Exceptions. Acts authorized as an exercise of one’s constitutional right to picket or to legally protest, and acts authorized by a permit issued pursuant to the Bremerton Municipal Code, shall not constitute pedes- trian or vehicular interference. (d)Penalty. Pedestrian or vehicular interference is a misdemeanor as defined in BMC 1.12.020(2). (Ord. 5262 §5, 2014) 9A.44.130 INTERFERENCE WITH A HEALTH CARE FACILITY. RCW 9A.50.010 and 9A.50.020 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. (Ord. 5456 §1, 2022) 9A.44.140 PENALTY. RCW 9A.50.030 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. 5456 §2, 2022) 10.13-1 (Revised 10/22) Chapter 10.13 MOTORIZED WHEELED TRANSPORTATION DEVICES Sections: 10.13.010 DEFINITIONS. 10.13.020 DUTY TO OBEY TRAFFIC- CONTROL DEVICES AND RULES OF THE ROAD. 10.13.030 NEGLIGENT OPERATION - PROHIBITED. 10.13.040 PROHIBITED AREAS. 10.13.050 PARENTAL RESPONSIBILITY. 10.13.060 MINIMUM AGE AND HOURS OF OPERATION. 10.13.070 HELMET, REFLECTORS, LIGHTS. 10.13.080 BRAKES REQUIRED. 10.13.090 NOISE. 10.13.100 NO MORE THAN ONE (1) PERSON PERMITTED - TOWING OR PULLING PROHIBITED. 10.13.110 VIOLATION - PENALTY. 10.13.010 DEFINITIONS. The following words and phrases when used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section: (a)"Motorized wheeled transportation device" shall mean any device which is not required to be licensed pursuant to RCW 46.16.010, and is propelled by an electric motor or liquid fuel engine, and is intended to transport a person on or across land. A motorized wheeled transportation device shall include, but shall not be limited to, a "motorized foot scooter" as that term is defined in RCW 46.04.336 and any electric or gas powered scooter, powered board, motor powered skateboard, or other similar motorized wheeled device, regardless of the manner in which the device is designed; provided, that a motorized wheeled transpor- tation device shall not include any motorized wheeled device defined as follows: Motorized wheeled transportation device does not include any vehicle that is prohibited by State law from being operated or used in or upon a street or sidewalk. (b)"Park" means and includes all City parks, pub- lic squares, park drives, parkways, boulevards, golf courses, and play and recreation grounds under the juris- diction of the City of Bremerton parks and recreation department. (c)"Public place" means and includes publicly owned, leased or operated parking lots or publicly owned, leased or operated real property, and any public places appropriated to the public for public use, whether improved or unimproved. (d)"Right-of-way" shall mean the entire width between the boundary lines of every way publicly main- tained when any part thereof is open to the use of the public for purposes of vehicular travel and including the sidewalks and shoulder areas. (e)"Sidewalk" means that portion of a right-of- way that excludes the street but includes the sidewalk and shoulder area, whether improved or unimproved. (f)"Street" means that portion of any right-of-way including any highway, avenue, lane, road, street, drive, place, boulevard, alley, and every way or place in the City of Bremerton open as a matter of right to public vehicular travel. (Ord. 4915 §1, 2004) 10.13.020 DUTY TO OBEY TRAFFIC- CONTROL DEVICES AND RULES OF THE ROAD. Except as provided in this chapter, every person operating a motorized wheeled transportation device upon a street shall have the same rights and duties as operators of bicycles. (Ord. 4915 §1, 2004) 10.13.030 NEGLIGENT OPERATION - PROHIBITED. The negligent operation of a motorized wheeled transportation device on any street shall be prohibited. For the purposes of this section, the term "negligent" shall mean the failure to exercise ordinary care, and is the doing of some act that a reasonably careful person would not do under the same or similar circumstances or the failure to do something that a reasonably careful per- son would do under the same or similar circumstances. (Ord. 4915 §1, 2004) 10.13.040 PROHIBITED AREAS. The operation or use of motorized wheeled trans- portation devices shall not be permitted, regardless of the age of the operator, in or upon the following areas: (a) Sidewalks while under power, however, motorized wheeled transportation devices are permitted in or upon public sidewalks under manual power. "Man- ual power" means that the drive wheel is disengaged from and not propelled by the electric or liquid fuel Electric-assisted bicycle RCW 46.04.169 Electric personal assistive mobility device RCW 46.04.1695 Motorcycle RCW 46.04.330 Moped RCW 46.04.304 Motor-driven cycle RCW 46.04.332 Power wheelchair RCW 46.04.415 Wheelchair conveyance RCW 46.04.710 (Revised 10/22)10.13-2 power source (in neutral) and that the liquid fuel source (combustion engine) is turned off. (b)Improved or natural surface recreational trails or pathways. (c)Parks. (d)Public places. (e)Streets with a maximum speed limit in excess of twenty-five (25) miles per hour. (Ord. 4915 §1, 2004) 10.13.050 PARENTAL RESPONSIBILITY. A parent or guardian who has custody of any child or ward under the age of eighteen (18) shall not autho- rize or knowingly permit any such child or ward to vio- late any of the provisions of this section. (Ord. 4915 §1, 2004) 10.13.060 MINIMUM AGE AND HOURS OF OPERATION. (a)No motorized wheeled transportation device shall be operated on any street unless the operator is at least fourteen (14) years of age. (b) A motorized wheeled transportation device shall not be operated on any street between the hours of 9:00 p.m. and 7:00 a.m. (Ord. 4915 §1, 2004) 10.13.070 HELMET, REFLECTORS, LIGHTS. The following equipment shall be required when- ever a motorized wheeled transportation device is oper- ated on any street within the City: (a)Helmet Required. Any person operating or rid- ing upon any motorized wheeled transportation device shall, at all times, wear a "motorcycle helmet" as that term is defined in RCW 46.37.530 or an approved bicy- cle helmet certified by the United States Consumer Product Safety Commission (CPSC), the American National Standards Institute (ANSI), or the Snell Foun- dation, and such helmet shall be worn on the head and shall have the chin strap fastened securely while the motorized wheeled transportation device is in motion. (b)Lights and Reflectors Required. Every motor- ized wheeled transportation device when in use during the "hours of darkness" as defined in RCW 46.04.200 shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred (500) feet to the front and with a red reflector or light on the rear of the motorized wheeled transporta- tion device visible from a distance of up to five hundred (500) feet from the rear of the device. (Ord. 4915 §1, 2004) 10.13.080 BRAKES REQUIRED. Motorized wheeled transportation devices shall be equipped with brakes that will enable the operator to make the braked wheels skid on dry, level, clean pave- ment. (Ord. 4915 §1, 2004) 10.13.090 NOISE. (a)The operation of a motorized wheeled trans- portation device shall be subject to the provisions of BMC 6.32.050, entitled "Public Disturbance Noises." (b)No motorized wheeled transportation device powered by a liquid fuel motor shall be operated unless such device is equipped with a properly working muffler that is designed to reduce the noise produced by the device. (Ord. 4915 §1, 2004) 10.13.100 NO MORE THAN ONE (1) PERSON PERMITTED - TOWING OR PULLING PROHIBITED. (a)No more than one (1) person shall operate or ride upon a motorized wheeled transportation device at the same time. In the event that more than one (1) person operates or rides upon a device at the same time, each person operating or riding the device shall be in viola- tion of this section. (b)No person operating a motorized wheeled transportation device shall tow or pull another person behind such device. In the event that a person is towed or pulled behind a motorized wheeled transportation device, the person operating the motorized wheeled transportation device and the person being towed or pulled shall each be in violation of this section. (Ord. 4915 §1, 2004) 10.13.110 VIOLATION - PENALTY. (a)Any person violating any provision of this chapter, except for BMC 10.13.070(a), shall be guilty of a civil infraction and shall be liable for monetary penal- ties not to exceed forty dollars ($40.00), exclusive of statutory assessments, provided, conduct that consti- tutes a criminal offense may be charged as such and is subject to the maximum penalties allowed for such offenses. Community service hours may be imposed in lieu of a monetary penalty. (b)Any person violating BMC 10.13.070(a) shall be guilty of a civil infraction and shall be liable for mon- etary penalties as set forth in Chapter 7.80 RCW not to exceed twenty-five dollars ($25.00) exclusive of statu- tory assessments. (c)Bremerton Municipal Court - Jurisdiction. The Bremerton Municipal Court shall have jurisdiction to adjudicate, in accordance with applicable laws, any vio- lation of this chapter; provided, that in the event juris- diction over a juvenile lies with another court, that other court shall have jurisdiction to adjudicate the offense. (Ord. 4927 §1, 2005; Ord. 4915 §1, 2004) 20.42-3 (Revised 10/22) Bremerton Municipal Code 20.42.040 "Bed and breakfast" means an owner-managed and owner-occupied residential single-unit dwelling in which rooms or other overnight accommodations are rented on a nightly basis. Meals may be included that are included as part of the basic compensation. This does not include group residential homes, boarding and rooming houses. "Buffering" means a structural, earthy, or vegeta- tive form used to minimize the impacts of one land use upon another. A buffer may include any one or a combi- nation of fences, walls, berms, high shrubs, trees, or other landscaping. Distance separation is also a form of buffering. "Building code" means the International Building Code and related codes as amended and adopted by the City of Bremerton. "Building coverage" means that portion of a lot covered by the roof areas of all structures. This shall not include open decks up to thirty (30) inches above ground, except if it provides a roof over occupancy underneath. "Building envelope, allowable" means the three (3) dimensional space within which a structure is per- mitted to occupy. Height, floor area ratio, setbacks, lot coverage and similar restrictions establish the building envelope. "Building line" means a line on a lot, generally par- allel to property lines and located a sufficient distance from the property lines, to provide the minimum yard areas required by this code. Building lines establish the area within which buildings are permitted and do not necessarily correspond with the location of any existing structures or other improvements. "Bulletin board/kiosk" means a permanent sign structure intended to accommodate changeable copy such as private or public notices, special event informa- tion, and other short-term messages, and generally at a scale suitable for pedestrians and not intended to be read by passing motorists. (c)Definitions "C": "Car wash" means a business engaged in washing, waxing, polishing, and general cleaning of automobiles, small trucks, light utility vehicles and small recreational vehicles, but that is not designed to handle larger com- mercial trucks and buses. It includes self-service, full- service, and automated car washes and auto detailing services. "Caretaker" means a person who maintains or watches over someone else’s land or property on a part- time or full-time schedule. The caretaker may live on the property or elsewhere. "Caretaker’s residence" means an accessory dwelling unit provided by the owner of a property to be used exclusively as living quarters for the caretaker(s) of that property. "Carport" means an attached or detached partially enclosed accessory structure intended primarily for the storage of private vehicles such as automobiles, light trucks, or recreational vehicles which is open to the weather on at least two (2) sides. "Change of use" means a change in the utilization or occupancy of a property or building from one use to another. "Changeable copy/readerboard sign" means a sign structure that may be internally or externally illumi- nated and intended to accommodate changeable letter- ing, numbering, graphic displays, or other short-term messages. Generally used for commercial advertising or for public service announcements of current or coming events. (Also see "Public information/identification sign.") "City" means the City of Bremerton, Washington. "Collective garden" means gardens established and/or maintained for the growing, production, trans- portation, and delivery of cannabis, by qualifying patients, for medical use, as defined in RCW 69.51A.085, as currently enacted and hereinafter amended. "Community facility" means a facility operated by a public agency or nonprofit organization for social gatherings, meetings, learning, recreation, programs to promote economic independence, or similar functions. "Construction sign" means a sign that relates directly to a construction project taking place on the premises and may include such information as the name of the project and contractors, phone numbers, comple- tion dates, and similar information about the project. "Cottage housing development" means a lot con- taining more than one (1) principal conventional dwell- ing unit. Units shall not be greater than one thousand two hundred (1,200) gross square feet, and shall not share any common walls, ceilings, or floors with other principal conventional dwelling units. (d)Definitions "D": "Day care facility" means a facility licensed by the state of Washington and approved by the City to provide regular care for adults or children for periods of less than twenty-four (24) hours. "Deck" means an open platform wider than eigh- teen (18) inches. A deck may be freestanding, cantile- vered from a building, or connected to the ground with steps or ramps. A deck that is higher than thirty (30) inches above finish grade may be referred to as a raised deck, a rooftop deck, a balcony, or other suitable term. "Density" means a measure of residential concen- tration, usually expressed as the number of dwellings per acre of land. For the purposes of calculating allow- able densities within this code, density shall be mea- sured on a "net" basis, whereby unusable areas such as rights-of-way and lands in public or shared ownership shall be deducted from the overall area in the calcula- (Revised 10/22)20.42-4 20.42.040 tion. For example, a one hundred and twenty (120) acre area containing twenty (20) acres of rights-of-way and public lands and three hundred (300) dwellings has a (net) density of three (3) dwellings per acre (three hun- dred (300) dwellings/one hundred (100) usable acres). (See also "Acre, net" and "Acre, gross.") "Density, maximum" means the maximum num- ber of dwellings allowed per the gross buildable acreage as stated for each zone. Where not specified in a zone chapter, no maximum density shall apply. "Density, minimum" means the minimum number of required dwellings per net buildable acre as stated for each zone. Where not specified in a zone chapter, the associated Comprehensive Plan land use density applies. "Detached" means any residential structures on the same lot that are not connected and have a fire separa- tion of no less than six (6) feet as defined in Section R302 of the IRC. For commercial structures see the International Building Code. "Detoxification center" means a facility providing for the care and treatment of an intoxicated person during the period in which the person recovers from the transitory effects of acute intoxication. "Development coverage" means that portion of a lot covered by the impervious surface areas of all struc- tures, and impervious paved areas, such as driveways and walkways. "Directional sign" means a permanent sign which is designed solely for the purpose of directing motor vehicle, pedestrian, bicycle, or other traffic, or individu- als toward a specific destination or route. "Director" means Bremerton’s Director of Com- munity Development and his/her designee. "Drinking place" means an establishment selling intoxicating beverages for consumption on the prem- ises. "Drive-through facility" means an automobile- oriented component of a permitted use that includes both service window(s) and a stacking lane designed primarily for drive-through trade, and which provides service and caters to patrons while in their motor vehi- cles. (See BMC 20.44.120.) "Driveway" means a private roadway providing access for vehicles to a parking space, garage, dwelling, or other structure. "Duplex" means a structure containing two (2) dwelling units on a single lot. "Dwelling, conventional" means any building or structure that is built or assembled (in the case of a mod- ular structure) on the site and in conformance with the provisions of the International Building Code (IBC). "Dwelling, duplex" means a building designed and arranged exclusively for occupancy by two (2) families living independently of each other in separate dwelling units. "Dwelling, modular or factory-built" means buildings or structures that are constructed primarily in a factory and transported to the site for assembly or installation. All temporary wheels, axles, and other appliances used in the transport are removed at the des- tination and the structure is permanently placed, unless approved as a temporary placement by the City. Such structures are constructed to the standards of either the International Building Code (IBC) or the HUD Code. (See also "Manufactured home.") "Dwelling, multi-unit structure" means a struc- ture containing three (3) or more dwelling units. (Also referred to as a "multifamily structure.") Multi-unit structures also include: (1)"Dormitories" means a structure intended principally for sleeping accommodations, where no individual kitchen facilities are provided, and which is related to an educational institution or maintained by a nonprofit welfare organization. "Dwelling, single-unit attached" means two (2) single-unit dwellings (houses) that are attached at a common side lot line with each dwelling located entirely on its own lot. This does not include row houses or other housing types having more than two (2) attached units. (See also "Zero lot line.") "Dwelling, single-unit structure" means a struc- ture containing one (1) dwelling unit. (Also referred to as a "single-family dwelling," or a "house.") "Dwelling, townhouse," for purposes of this code, means a single-unit structure in a row of at least three (3) or more such units in which each unit has its own access to the outside, no unit is located over another, and each is separated from any other unit by one (1) or more com- mon fire-resistant walls. "Dwelling unit" means a living space or combina- tion of rooms designed to provide independent year- round living facilities for one (1) family or household, constructed to the minimum standards of the IBC or HUD Code, and with provisions for sleeping, eating and sanitation. (e)Definitions "E": "Education" and "school" means an institution pri- marily engaged in teaching and learning, operated by a public school district, nonprofit organization, or a pri- vate organization. Business and trade schools and Mon- tessori schools are included, as are satellite buildings of higher education colleges. "Education, higher and college" means a higher education college or university primarily engaged in teaching and research, and comprised of multiple educa- tional buildings within a campus setting. "Electric vehicle charging station" means a public or private parking space that is served by battery charging station equipment that has as its primary pur- pose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage 20.42-4.1 (Revised 10/22) Bremerton Municipal Code 20.42.040 device in an electric vehicle. An electric vehicle charging station equipped with Level 1 (one hundred twenty (120) volts) or Level 2 (two hundred forty (240) volts) charging equipment is permitted outright as an accessory use to any principal use. "Electric vehicle infrastructure" means struc- tures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations. 20.42-11 (Revised 10/22) Bremerton Municipal Code 20.42.040 "Social services" means establishments primarily engaged in providing social and rehabilitation services to improve life skills and increase socioeconomic opportunities for neighborhood or community residents of all ages. Establishments primarily engaged in provid- ing welfare and charitable functions are included. "Stacking lane" means a designated driving lane provided for vehicles waiting for, receiving, and exiting after receiving a service at a drive-up window from a permitted use. The lane is physically separated from other traffic and pedestrian circulation on the property and includes adequate area for cars to wait for service. "Stadium and sports complex" means a large structure for open-air sports and entertainment generally consisting of tiered seating where people can sit and watch games or events. Sports complexes may also include recreational motor vehicle tracks such as go-cart tracks. Associated field houses and facilities for serving food are often included. "Storage building" and "shop" mean an attached or detached accessory structure which is used for non- commercial storage of household goods or noncommer- cial recreational and hobby uses in association with the principal use. "Storage yard, outdoor storage" means an out- door area where vehicles, equipment, merchandise, raw materials, cargo containers, railroad cars, semi-truck trailers or other items are accumulated and stored for an indefinite period until needed. Storage yards are often used in conjunction with a warehouse, storage build- ings, sheds or other structures and may be public or pri- vate. Unless a function of a government agency or public utility, storage yards are considered accessory to a business or other principal use. "Story" means that portion of a building that extends from the floor surface to the surface of the floor above or, in the case of a top floor, to the ceiling or roof above. If a finished floor level is more than six (6) feet above the finished grade for more than fifty (50) percent of the total perimeter, the area beneath that floor shall be considered a story. "Street" means the improved section of any public or private right-of-way intended primarily for motor vehicle travel and which affords the principal means of access to abutting property, together with bicycle lanes, sidewalks, and related improvements. "Street, private" means a parcel at least twenty (20) feet in width, created specifically to provide motor vehicle access to abutting properties, the owners of which share in its ownership and maintenance responsi- bilities. "Structure" means that which is built or con- structed. "Structure, accessory" means a structure that is incidental and subordinate to a principal structure and which is customarily found in connection with the prin- cipal structure and located on the same lot or parcel. "Structure, principal" means a structure contain- ing one or more principal uses, as permitted by the zone in which the property is located. "Support structure" means any existing or pro- posed building, utility pole, or tower capable of support- ing a wireless communications antenna. Support structures include, but are not limited to, existing build- ings, water towers, and utility poles and/or towers. (t)Definitions "T": "Temporary sign" means a sign that is not perma- nently affixed, and which is intended for short-term use, such as to advertise a specific activity such as a special promotion, sale, or fundraising event. For the purposes of this code, temporary signs are those displayed for between seven (7) and sixty (60) days. "Townhouse." See "Dwelling, townhouse." "Transient person" means a temporary lodger who stays no longer than thirty (30) days per visit. "Transportation facility" or "multi-modal sta- tion" means a dedicated transit facility where several transit routes converge, including transit stations, transit stops, taxicab stands, transportation services, bicycle facilities, battery changing stations, electric vehicle charging stations, and similar. The transportation facil- ity shall be owned, leased, or endorsed by a public tran- sit authority for the purpose of providing public transportation services. A transportation facility is designed to accommodate several buses or multiple modes of transit that allows users to easily transfer between transit routes or modes. A transportation facil- ity may provide transit passenger covered shelters and waiting areas, restrooms, and access for transit modes including buses, taxis and drop-off, and park and rides. (u)Definitions "U": "Use" means the purpose or activity for which land or improvements are intended, occupied or maintained. "Use, accessory" means a use that is incidental and subordinate to a principal use, which customarily is found in connection with the principal use, and which is located on the same lot or parcel such as a private garage, hobby shop, workshop, personal greenhouse, and required off-street parking. "Use, conditional" means a use that is not permit- ted outright, but may be approved through a conditional use permit process. "Conditional use" shall have the same meaning as "special use," as employed in Bremer- ton Municipal Code. "Use, principal" means the primary or main use conducted or allowed on a lot or parcel. "Use, temporary" means a use that may occur on a lot on a short-term or seasonal basis for a prescribed period of time, which usually does not exceed a six (6) month duration during a twelve (12) month period. (Revised 10/22)20.42-12 20.42.040 (v)Definitions "V": "Vehicle- or trailer-mounted sign" means a sign placed or maintained on a stationary automobile, truck, trailer, or any other motor-driven vehicle. Vehicle- or trailer-mounted signs do not include signs painted or placed on commercial vehicles announcing or advertis- ing the regular business activity of the vehicle owner. Vehicle- or trailer-mounted signs do not include signs on vehicles for sale at a licensed sales lot, nor signs on public transit vehicles including buses and licensed taxi- cabs. "Vesting." A fully completed development applica- tion is "vested" at the time it is received by the permit- ting authority. The development may then be processed, permitted and carried out under the zoning, land divi- sion, and other regulations that were in effect when vest- ing occurred. "Veterinary clinic" and "animal hospital" mean a facility providing routine and emergency medical atten- tion to domestic pets and other animals. (w)Definitions "W": "Wall sign" means a sign attached directly to or erected against the wall of a building with the face par- allel to the facade of the building and extending no more than twelve (12) inches from the wall. "Warehousing" means establishments involved in the storage and/or sale of bulk goods for resale or assem- bly, including wholesaling. This does not include estab- lishments offering the sale of bulk goods to the general public, which may be classified as large retail. "Worship and religious facility" means a building or structure primarily intended as a place for public wor- ship and related activities such as religious education, meeting halls, and kitchens, or places for personal wor- ship or meditation. It does not include vehicle or equip- ment storage yards, or other functions that are not clearly a necessary or integral part of the religious insti- tution. (x)Definitions "X": Reserved. (y)Definitions "Y": "Yard" means that portion of a lot that lies between a lot line (property line) and the building line. (See also "Lot, front," "Lot, side," and "Lot, rear.") (1)"Front yard" means the yard area extend- ing the full width of the front of a lot between the front property line (lot line) and the front building line. (2)"Rear yard" means a yard extending the full width of the lot between the rear property line (lot line) and the rear building line. When irregular lots, through lots, and corner lots have no rear lot lines, they will have no rear yard areas as defined. (3)"Side yard" means a yard between the side lot line and the side building line and extending from the front yard to the rear yard. Triangular lots, cor- ner lots, or other irregularly shaped lots may have only front and side yards. Through lots generally have two (2) front yards and two (2) side yards, but no rear yard as defined. "Yard, construction or storage." See "Storage yard." (z)Definitions "Z": "Zero lot line" means the location of a building on a lot in such a manner that one (1) of its sides rests directly on a side lot line with no setback. (Ord. 5458 §§3,4, 2022; Ord. 5369 §3, 2019; Ord. 5351 §2, 2018; Ord. 5345 §§5-9, 2018; Ord. 5326 §4, 2017; Ord. 5319 §§3, 4, 2017; Ord. 5312 §3, 2016; Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5249 §4, 2014: Ord. 5222 §3, 2013; Ord. 5205 §5, 2013; Ord. 5177 §3, 2012; Ord. 5063 §2, 2008; Ord. 5046 §2, 2008; Ord. 5008 §3 (part), 2007; Ord. 4977 §5, 2006; Ord. 4971 §4 (part), 2006; Ord. 4950 §8 (Exh. A) (part), 2005) 20.58-1 (Revised 10/22) Bremerton Municipal Code 20.58.030 Chapter 20.58 LAND USE PERMITS Sections: 20.58.010 GENERAL. 20.58.020 CONDITIONAL USE PERMITS. 20.58.030 VARIANCE. 20.58.040 SITE-SPECIFIC REZONE. 20.58.050 AREA-WIDE REZONES. 20.58.060 RESIDENTIAL CLUSTER DEVELOPMENT. 20.58.080 SITE PLAN REVIEW. 20.58.090 SITE DEVELOPMENT PERMIT. 20.58.100 AFFORDABLE HOUSING BONUS. 20.58.010 GENERAL. (a)Applicability. This chapter contains the provi- sions and approval criteria for land use permits applica- ble to BMC Title 20. The provisions of this chapter are applied in conjunction with Chapter 20.02 BMC, Proj- ect Permits, in establishing the appropriate review pro- cedures and criteria by which land use permits are reviewed and a decision rendered. (b)Fees. The corresponding application fees pre- scribed in the fee schedules set forth in Chapter 3.01 BMC shall accompany applications. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.58.020 CONDITIONAL USE PERMITS. (a)Authority. Uses listed as a conditional use may be permitted if a conditional use permit (CUP) is approved. (b)Applicant. The City, federal, state or local agencies, property owner(s), or their designated agents may initiate a request for a CUP. (c)Procedure. A CUP application may be pro- cessed as an administrative Type II Director decision or as a nonadministrative Type III Hearing Examiner deci- sion pursuant to the provisions set forth in Chapter 20.02 BMC. (1)The Director may require a nonadminis- trative CUP whenever the use has a significant impact beyond the immediate site, is of a neighborhood or com- munity-wide interest, or is of a controversial nature. (2)The Director may convert a Type II administrative CUP to a Type III nonadministrative CUP any time prior to the issuance of a decision on the application. (3)In addition to the notification require- ments prescribed in BMC 20.02.100, the notice of appli- cation shall be mailed to all property owners within three hundred (300) feet of the property. (d)Criteria for Approval. The City shall approve a CUP only if it is found that: (1)The use is consistent with the Comprehen- sive Plan goals and policies; (2)The use complies with all applicable zon- ing and development standards and requirements; (3)The use satisfies all of the conditional use approval criteria specified in the zone in which the use is located; (4)The design of the proposal and conditions of approval has mitigated all identifiable adverse impacts; (5)The use is compatible with nearby land uses and the surrounding neighborhood in terms of the level of light and glare, noise and parking demand, hours of operation and air quality; and (6)Stipulations are made for the availability of adequate water, sewer, stormwater, utilities and urban governmental services. (e)Conditions of Approval. Conditions such as site orientation, fencing, buffering, parking location, lighting, access, hours of operation, and others may be imposed as a condition of approval if it is found they are necessary to mitigate identifiable adverse impacts and ensure compatibility with nearby uses. (f)Lapse of Approval. If the CUP is not acted on within one (1) year from the date the decision became final, it shall expire. Expiration is automatic and notice is not required. The Director may grant a single six (6) month extension if the applicant makes such a request in writing prior to the expiration date and can show good cause for granting the extension. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.58.030 VARIANCE. (a)Authority. The variance is a mechanism that allows the provisions of BMC Title 20 to be varied on a case-by-case basis. Approval of a variance may only be granted when it is for relief from a dimensional standard when the requirement of such would result in an unusual or unreasonable hardship due to physical characteristics of the site, or due to existing improvements on or adja- cent to the site. (b)Applicant. The City, federal, state or local agencies, property owner(s), or their designated agents may initiate a request for a variance. (c)Procedures. A variance application is pro- cessed as a Type III Hearing Examiner decision pursu- ant to the provisions set forth in Chapter 20.02 BMC. If the variation would not exceed ten (10) percent of the required dimensional standard from which relief is being sought, the Director may approve the variance as a Type II Director decision. (Revised 10/22)20.58-2 20.58.040 (d)Criteria for Approval. The City may grant a variance only if it is found that: (1)The variance will not be materially detri- mental to the surrounding neighborhood and avoids adverse impacts on other properties and residences; (2)The variance is necessary to overcome exceptional or extraordinary hardship circumstances related to the size, shape, topography, location, or sur- roundings of the subject property, or the location of a preexisting legal nonconformity that may exist on or adjacent to the site; (3)The variance will not grant relief for a self-created hardship, or for a personal or financial hard- ship or inconvenience; (4)The variance will only grant the subject property the same general rights enjoyed by other prop- erties in the same area and zoned as the subject property; (5)The variance is the minimum necessary to allow the subject property the same general rights enjoyed by other property in the same area and zone; and (6)Other solutions, uses, or design options that might achieve a similar result without the need for a variance have been evaluated and rejected. (e)Prohibited. Under no circumstances shall a variance be granted for any of the following: (1)To alter any definition or interpretation of this title; (2)To alter any provision establishing a use within a zoning district; (3)To alter any procedural provisions; or (4)To alter residential density standards. (f)Conditions of Approval. Conditions may be imposed as a condition of approval if it is found they are necessary to mitigate identifiable adverse impacts and ensure compatibility with nearby uses. (g)Lapse of Approval. If the variance is not acted on within one (1) year from the date the decision became final, it shall expire. Expiration is automatic and notice is not required. The Director may grant a single six (6) month extension if the applicant makes such a request in writing prior to the expiration of the variance and can show good cause for granting the extension. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.58.040 SITE-SPECIFIC REZONE. (a)Authority. A site-specific rezone is a change to the zoning classification of a specific property or prop- erties. The new zone must be consistent with the Com- prehensive Plan and results in a change to the City’s official zoning map. (b)Procedures. A site-specific rezone application is processed as a Type IV City Council decision pursu- ant to the provisions set forth in Chapter 20.02 BMC. The City Council shall act on the proposal after the Administrative Hearing Examiner holds an open-record public hearing and makes a recommendation to the City Council. (c)Applicant. The City, federal, state or local agencies, property owner(s), or their designated agents may initiate a request for a site-specific rezone. (d)Criteria for Approval. The City may grant a site-specific rezone only if it is found that: (1)The rezone is consistent with the Compre- hensive Plan; (2)The rezone will advance the public health, safety, or welfare, and will not have adverse impacts on adjacent properties; (3)The rezone is necessary because either: (i)Conditions in the immediate vicinity or neighborhood have so markedly changed that it is in the public interest to approve the rezone; or (ii)The rezone will correct a zone classi- fication or zone boundary that was inappropriate when established; and (4)The rezone is in the public interest. (e)Comprehensive Plan Consistency. If a Com- prehensive Plan amendment is required in order to sat- isfy subsection (d)(1) of this section, approval of the Comprehensive Plan amendment is required prior to or concurrently with the granting of an approval on the rezone. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.58.050 AREA-WIDE REZONES. (a)Authority. An area-wide rezone is a change to zoning classifications that is not site-specific. New zon- ing designations must be consistent with the Compre- hensive Plan and approval changes the City’s official zoning map. (b)Applicant. Only the City may initiate an area- wide rezone. (c)Procedures. These are legislative actions exempt from the requirements of Chapter 20.02 BMC. Specific procedural requirements are prescribed in Chapter 36.70A RCW. The Planning Commission con- ducts public hearings for area-wide rezones and makes a recommendation to the City Council. The City Coun- cil, following its own public hearing(s), may approve, approve with modifications, deny or remand the Plan- ning Commission’s recommendation for additional study. (d)Notice. Published notice shall be given prior to public hearing dates in the official newspaper in accor- dance with the following schedule: (1)Ten (10) calendar days for the first Plan- ning Commission public hearing; and (2)Five (5) calendar days for the first City Council public hearing; 20.58-5 (Revised 10/22) Bremerton Municipal Code 20.58.090 be provided. This information may be shown on the site plan or may be provided in a separate plan. (5)Stormwater Plan. When required, a storm drainage report and preliminary storm drainage plans shall accompany the application. (6)Water and Sewer Availability. A letter summarizing the utility service requirements per BMC Title 15 shall be obtained from the City Public Works Department and submitted with the application. (7)Other Reports. When required, studies such as traffic reports, geotechnical reports, wetland reports and other environmental studies shall accom- pany the application. (8)Narrative. A written explanation of the proposal including: (i)Calculations of gross residential den- sity, size of the site in square feet, and square footage of structures, parking areas, landscaped and recreational open space areas; (ii)Elevations and/or perspective draw- ings of proposed structures and other major improve- ments being proposed; (iii)The specific nature of any agree- ments, covenants, or other provisions that govern or affect the proposal; and (iv)Signatures, mailing addresses, and phone numbers of all owners of record or agents of the subject property. (9)Plans. All plans shall be drawn to scale, legible, in a reproducible black and white format and shall include a north arrow. (f)Criteria for Approval. A site plan that complies with all applicable development regulations shall be approved, or approved with conditions. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.58.090 SITE DEVELOPMENT PERMIT. (a)Authority. A site development permit shall be required prior to constructing, enlarging, or demolishing a building or structure; grading, excavating or filling of earth; or other exterior site improvements that will change the physical conditions of a site. A site develop- ment permit constitutes approval for those activities to develop a site, not including buildings. (b)Applicability. A site development permit is required for the following activities: (1)The construction of five (5) or more resi- dential dwelling units; (2)The construction or expansion of a struc- ture or structures of more than four thousand (4,000) square foot gross floor area for a nonresidential use or uses; (3)Any filling, grading, excavating, placing or dumping of soil, loam, peat, sand, gravel, rock, and similar materials in excess of one hundred (100) cubic yards; (4)Any activity or use located within an envi- ronmentally sensitive area as designated in Chapter 20.14 BMC, Critical Areas; (5)Any development or redevelopment of a site that requires street frontage improvements pursuant to BMC 11.12.110; (6)Any proposal that requires an engineered storm drainage system pursuant to Chapter 15.04 BMC; (7)Construction of a nonaccessory surface or structural parking lot; or (8)Construction of an accessory off-street parking facility of more than twenty (20) automobile spaces. (c)Exemptions. The following are exempt from the requirement for a site development permit: (1)Forest practices other than Forest Practice IV regulated under WAC Title 222; (2)Development that is undertaken by the Washington State Department of Transportation in state highway rights-of-way and is regulated by Chapter 173- 270 WAC, the Puget Sound Highway Runoff Program; or (3)Road and utility construction and related activities undertaken by the City’s Public Works Department. (d)Applicant. The City, federal, state or local agencies, property owner(s), or their designated agents may initiate a request for a site development permit. (e)Procedures. A request for a site development permit is processed as a Type I Director’s decision pur- suant to Chapter 20.02 BMC. The review may be con- ducted independently or may be reviewed concurrently with a site plan review. (f)Application Requirements. An application for a site development permit shall include the following components: (1)Vicinity Map. Showing the subject prop- erty in relation to all other properties and major struc- tures within a two hundred fifty (250) foot radius of the property. (2)Site Plan. Containing the following infor- mation: (i)The location, size, bulk, height, num- ber of stories, and use of all structures and areas on the subject parcel, both existing and proposed; (ii)Existing and proposed pedestrian walkways, bikeways, parks, playgrounds, recreational areas, activity centers, landscaped areas, and other areas and facilities of a public or recreational nature; (Revised 10/22)20.58-6 20.58.100 (iii)Existing and proposed utility systems, drainage structures, fire hydrants, and other infrastruc- ture improvements; (iv)An environmental summary, includ- ing such features as shorelines, bulkheads, creeks, cul- verts, wetlands, steep slopes, unstable soils, rock outcroppings, significant trees, other "sensitive areas," etc.; (v)All property lines, easements, fences, walls, signs, and other points of reference; (vi)Other information, maps or data that is helpful to better understand the nature and scope of the proposal and its impacts on surrounding properties, people, and land uses; and (vii)Dimensional information or drawn to scale at not less than one (1) inch = fifty (50) feet. (3)Parking Plan. Showing all existing and proposed off-street parking spaces. This may be inte- grated into the base site plan or shown on a separate plan. Parking plans should show all spaces, aisles, hand- icapped and motorcycle spaces, loading spaces, transit facilities, and parking lot access and internal circulation. It should also show dimensions of all parking areas, spaces, driveways, setbacks, and distances from curb cuts to intersection corners, and similar detail. (4)Landscape Plan. Showing details of exist- ing vegetation to be preserved and the general planting pattern as well as the numbers and types of new plants being provided. This may be integrated into the base site plan or provided in a separate plan. (5)Elevation and/or Perspective Drawings. Drawings showing proposed structures and other major improvements. (6)Civil Engineering Drawings. "Final" plans for street frontage improvements, circulation and street lighting. (7)Final Storm Drainage Report. Storm drainage system meeting City engineering standards. (8)Erosion and Sediment Control Plan. Ero- sion control plans prepared pursuant to Chapter 15.04 BMC. (9)Phasing. If the project is designed to be permitted and/or constructed in phases, a site plan show- ing the phases of development and a written schedule of development is required. (10)Narrative. A written explanation of the proposal, including: (i)Calculations of gross residential den- sity, size of the site in square feet, and square footage of structures, parking areas, landscaped and recreational open space areas; (ii)Elevations and/or perspective draw- ings of proposed structures and other major improve- ments being proposed; (iii)The specific nature of any agree- ments, covenants, or other provisions that govern or affect the proposal; and (iv)Signatures, mailing addresses, and phone numbers of all owners of record or agents of the subject property. (11)Other Reports. When required, studies such as traffic reports, geotechnical reports, wetland reports and other environmental studies shall accom- pany the application. (12)Plans. All plans shall be drawn to scale, legible, in a reproducible black and white format and shall include a north arrow. (g)Criteria for Approval. A site development per- mit that complies with all applicable development regu- lations and requirements for construction shall be approved. (h)Time Limits on Approval. Approval of a site development permit shall become void if building per- mits are not applied for or construction has not begun within one (1) year. The expiration is automatic and notice is not given. Exterior site improvements and the exterior of all structures shall be completed within three (3) years of issuance of the site development permit. If the permit expires, a new site development permit is required that meets the development standards in effect at the time a new permit is applied for. (i)Compliance Required. No person shall violate or fail in complying with an approved site development permit or any conditions thereof. Nor shall a building permit be valid for any structure which violates or fails to comply with any approved site development permit for the parcel(s) on which such structure is to be located. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.58.100 AFFORDABLE HOUSING BONUS. (a)Authority. This section provides an optional incentive to develop and manage affordable residential projects, while ensuring reasonable compatibility with neighborhood scale, character, and limiting negative impacts to the neighborhood. In zones with a maximum density, developments meeting the requirements of this section may increase the underlying maximum density by fifty (50) percent. (b)Applicant. The following organizations may initiate a request for an affordable housing bonus: (1)Religious organizations as defined by RCW 26.04.007; and (2)The Bremerton Housing Authority. (c)Procedure. Approval of an administrative Type II conditional use permit (CUP) pursuant to BMC 20.58-7 (Revised 10/22) Bremerton Municipal Code 20.58.100 20.58.020 is required. The Director may require a Type III nonadministrative CUP whenever the use has a sig- nificant impact beyond the immediate site, is of a neigh- borhood or community-wide interest, or is of a controversial nature. The proposed development shall meet the following criteria in order to be granted approval: (d)Criteria of Approval. In addition to criteria of approval per BMC 20.58.020(d), the following shall apply: (1)All units within the proposed development shall be affordable, as defined per RCW 84.14.010. Income levels of households occupying any residential unit within the proposed development shall not exceed the definition of low-income household as defined by RCW 84.14.010; (2)The property owner agrees to a binding obligation that requires the development to be used exclusively for affordable housing purposes for a period of no less than fifty (50) years. A notice to title recogniz- ing this obligation shall be approved by the City and recorded with the Kitsap County Auditor; (3)This section applies exclusively to single- family, duplex, and multifamily housing proposals and does not include group residential, boarding house, or other similar congregate living facilities; (4)The affordable housing development does not discriminate against any person who qualifies as a member of a low-income household based on race, creed, religion, lack of creed or religion, color, national origin, sex, gender identity, gender expression, veteran or military status, sexual orientation, or mental or phys- ical disability; or otherwise act in violation of the Fed- eral Fair Housing Amendments Act of 1988; (5)Applicants shall consult with Kitsap Tran- sit to ensure appropriate transit services are provided to the affordable housing development. (Ord. 5458 §5, 2022) 20.60-1 (Revised 10/22) Bremerton Municipal Code 20.60.040 Chapter 20.60 LOW DENSITY RESIDENTIAL (R-10) Sections: 20.60.010 INTENT. 20.60.020 PERMITTED USES. 20.60.030 ACCESSORY USES. 20.60.040 CONDITIONAL USES. 20.60.060 DEVELOPMENT STANDARDS. 20.60.065 ALLOWABLE DENSITY AND LOT AREA. 20.60.080 OFF-STREET PARKING REQUIREMENTS. 20.60.090 LANDSCAPING REQUIREMENTS. 20.60.100 SIGN STANDARDS. 20.60.010 INTENT. The intent of the low density residential (R-10) zon- ing district is to accommodate single-family housing by infilling at a range of lot sizes consistent with urban growth patterns. Some attached single-family housing, duplexes and townhouses may be appropriate when responding to sensitive areas or with innovative design. Residential development at higher densities is encour- aged at the edge of designated centers. (Ord. 5364 §12, 2018: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.60.020 PERMITTED USES. Only one (1) principal use shall be allowed on each residentially zoned lot unless allowed for otherwise by law. This limitation shall not include permitted acces- sory uses associated with a permitted principal use. The following uses are permitted outright: (a)Cemetery; (b)Colocation of wireless communications per BMC 20.46.140; (c)Community facilities of twenty thousand (20,000) square feet gross floor area or less; (d)Day care facility of twelve (12) or fewer per- sons receiving care; (e)Education and schools (K-12) of twelve (12) or fewer students; (f)Foster home; (g)Group residential home; (h)Manufactured home per BMC 20.46.040; (i)Parks, playgrounds and open space equal or less than one-half (0.5) acre (twenty-one thousand seven hundred eighty (21,780) square feet); (j)Residential Uses. (1)Single-unit dwelling unit, detached; (2)Single-unit dwelling unit, attached (zero (0) lot lines) per BMC 20.60.060(b); (3)Duplex; (4)Townhouse; (5)Cottage housing development of three (3) or less dwelling units (meeting the provisions of BMC 20.60.040(n), except that no conditional use permit is required); (k)Worship and religious facilities of twenty thousand (20,000) square feet gross floor area or less; (l)Incubator for business associated with a wor- ship and religious facility or community facility, pro- vided the following conditions are met: (1)The incubated business is a use that is per- mitted outright in the neighborhood business zone, BMC 20.82.020; (2)Landscaping and signage requirements of the neighborhood business zone, Chapter 20.82 BMC, shall be met; and (3)The parcel upon which the incubated busi- ness is situated shall have frontage on an arterial street. (Ord. 5458 §6, 2022; Ord. 5364 §13, 2018: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4977 §9, 2006: Ord. 4950 §8 (Exh. A) (part), 2005) 20.60.030 ACCESSORY USES. The following accessory uses may be permitted when found in connection with a principal use: (a)Attached or detached accessory dwelling unit per BMC 20.46.010; (b)Detached garage, carport, and parking facili- ties for the residents of the property; (c)Home occupation per BMC 20.46.030; (d)Other necessary and customary uses deter- mined by the Director to be appropriate, incidental and subordinate; (e)Playhouses, patios, cabanas, porches, gazebos, swimming pools and incidental household storage buildings. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.60.040 CONDITIONAL USES. The following uses may be permitted, provided a conditional use permit is approved pursuant to BMC 20.58.020 subject to the corresponding conditions: (a)Bed and breakfast, provided: (1)The operators of the business shall occupy the house as their primary residence; (2)No more than one (1) full-time equivalent (FTE) employee who is not a resident of the dwelling may be employed; (3)No more than six (6) bedrooms are made available for rent to guests and all guest rooms are con- tained within the principal structure; (Revised 10/22)20.60-2 20.60.040 (4)Two (2) off-street parking spaces, plus one (1) off-street parking space per each guest bedroom, are required; (5)Off-street parking spaces may be reduced, provided the applicant can demonstrate parking will not spill over into nearby residential properties and any streets; (6)Rooms shall not be made available to guests for more than fourteen (14) days during any thirty (30) day period; (7)No commercial receptions, parties, or other public gatherings, or serving of meals to nonresi- dent guests for compensation, are allowed; and (8)Any remodeling of the residential struc- ture shall maintain the residential nature of the structure and not alter the structure in such a manner that would prevent it from being used as a residence in the future. (b)Group residential facilities - Class I, provided: (1)All state licensing requirements are satis- fied; (2)Minimum setbacks, height and lot cover- age of the underlying zone shall apply; (3)Off-street parking shall be at a minimum of one (1) space per each employee during the peak shift, plus one (1) space per two (2) residents the facility will provide service to; (4)If counseling services are provided to non- residents, additional parking spaces are required at one (1) per three hundred (300) square feet of gross floor area used for counseling services; (5)The number of required off-street parking spaces may be reduced, provided the applicant can demonstrate that parking will not spill over into nearby residential properties and any streets; and (6)Landscaping is provided meeting the min- imum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screen- ing purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. (c)Senior housing complex, provided the follow- ing conditions are satisfied: (1)Minimum site area shall be no less than two (2) acres; (2)Minimum setbacks, density, height and lot coverage of the underlying zone shall apply; (3)Off-street parking shall be a minimum one (1) space per dwelling; (4)Except for a community building/club- house for the exclusive use of complex residents, all accessory uses shall be located within a structure con- taining residential units; (5)Attached or detached structure types are permitted and dwelling units may be owned by individ- uals or occupied as rentals; (6)Access to alternative transportation such as public transit or on-site shuttle services to access daily goods or services shall be provided; and (7)A management agreement or covenants on individual properties to maintain the complex as a senior citizen complex shall be recorded with the Kitsap County Auditor’s office. (d)Nursing/convalescent homes, provided: (1)All state licensing requirements are satis- fied; (2)Minimum site area shall be no less than one (1) acre; (3)Minimum setbacks, height and lot cover- age of the underlying zone shall apply; (4)Off-street parking shall be a minimum of one (1) space per six hundred (600) square feet of gross floor area; (5)The number of required off-street parking spaces may be reduced, provided the applicant can demonstrate that parking will not spill over into nearby residential properties and any streets; and (6)Landscaping is provided meeting the min- imum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screen- ing purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. (e)Day care facilities (thirteen (13) or more per- sons receiving care), provided: (1)All state licensing requirements are satis- fied; (2)Off-street parking shall be a minimum one (1) space per each five (5) children based on the state license maximum occupancy load; (3)One (1) loading/unloading space without backup is required for the first twenty (20) children and one (1) additional space for up to each additional twenty (20) children; (4)The number of required off-street parking spaces may be reduced, provided the applicant can demonstrate that parking will not spill over into nearby residential properties and any streets; (5)Landscaping is provided meeting the min- imum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screen- ing purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties; and (6)The maximum height of a fence or wall within a front yard setback may be increased up to six (6) feet, provided it enhances safety and security of an outdoor play area. (f)Adaptive reuse of commercial buildings, pro- vided the conditions set forth in BMC 20.46.070 are sat- isfied. 20.60-3 (Revised 10/22) Bremerton Municipal Code 20.60.040 (g)Manufactured home park or expansion of existing parks, provided: (1)It is exempt pursuant to RCW 58.17.040 from requirements for property segregation; (2)The minimum site size shall be five (5) acres; (3)Density shall meet the underlying zone; (4)Adequate water, sewer, and utility ser- vices are available to all building sites; (5)A fire protection system meeting the requirements of the City Fire Marshal is provided; (6)Interior circulation shall meet the City Engineer road standards plus the following standards: (i)All interior circulation routes shall be constructed within a tract or easement; (ii)Roads and driveways shall be paved; (iii)The City Fire Marshal and City Engi- neer shall approve all fire turnarounds; (7)The following setbacks shall apply to manufactured homes or mobile homes, together with their additions and appurtenant structures, accessory structures, and other structures on the site (excluding fences), excluding any hitch or towing fixture: (i)From interior roads, at least fifteen (15) feet from centerline of the tract or easement, but in no case shall the setback be less than five (5) feet from the paved surfaced edge; (ii)Structures near the perimeter lot lines of the property shall comply with the setbacks of the underlying zone; (iii)A minimum of ten (10) foot separa- tion between all manufactured homes; (8)Off-street parking spaces shall be pro- vided in the following manner: (i)One (1) parking space per home site; plus (ii)One (1) parking space for each five (5) home sites for guest parking; plus (iii)Additional parking spaces to provide for the parking needs of offices, community buildings, recreational facilities, or other uses within the park that may be used by park residents or others; (9)Outside storage of vessels (boats), house- hold items and equipment is prohibited, except a com- mon central storage area may be provided for residents of the park. The storage area shall be screened by a min- imum five (5) foot high by five (5) foot wide sight- obscuring barrier consisting of landscaping and fencing or wall, and shall meet minimum setbacks of the under- lying zone; (10)Ten (10) percent of the site shall be main- tained as common recreational open space for the use of residents and: (i)May include community areas and facilities such as playgrounds, swimming pools, and hobby and craft shops; (ii)However, it shall not include required landscaping areas, perimeter setback areas, parking areas, storage areas, building separation areas or other areas deemed impractical by the Director for the recre- ational enjoyment of the residents; (11)Trees meeting the standards set forth in Chapter 20.50 BMC shall be provided along all property lines abutting a residential zone and public streets. Exceptions for trees may be allowed when a property line abuts an alley or is obstructed by a building or other structure; (12)Adequate lighting to illuminate streets, driveways, and walkways for the safe movement of pedestrians and vehicles is required; and (13)All water, sewer, electrical, and communi- cation service lines shall be underground. (h)Worship, religious, and community facilities greater than twenty thousand (20,000) square feet, pro- vided: (1)The site area shall be one (1) acre or more; and (2)Landscaping is provided meeting the min- imum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screen- ing purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. (i)Golf course, provided: (1)A site plan review and a site development permit are approved pursuant to Chapter 20.58 BMC; (2)Through the conditional use permit, mod- ifications to parking and landscaping may be allowed in order to facilitate good design; (3)Other conditions are applied as deemed necessary to mitigate impacts to nearby residential prop- erties and ensure compatibility with the neighborhood. (j)Schools, parks and associated uses may be approved in accordance with the following: (1)The following uses are permitted through approval of a conditional use permit: (i)All public schools and associated gymnasiums and auditoriums; (ii)Private schools (K-12) with thirteen (13) or more students; (iii)Parks and playgrounds greater than one-half (1/2) acre; (iv)Outdoor athletic fields; (v)Boat launching and related facilities; (vi)Maintenance and service yards; (vii)Bus and other vehicle and equipment maintenance and storage facilities; (Revised 10/22)20.60-4 20.60.040 (viii)Administrative office related to the facilities greater than two thousand (2,000) square feet gross floor area; (ix)Buildings and structures for nonprofit groups on public lands; (2)Uses permitted pursuant to subsection (j)(1) of this section shall be subject to complying with the following conditions: (i)Front, side and rear yard setbacks of structures and outdoor storage areas shall be at least thirty (30) feet; (ii)Setbacks may be reduced for those portions of a structure fronting interior streets; (iii) The maximum height for any new construction may be increased to match the architecture of existing buildings; provided, that it is set back an additional foot from any property line for each addi- tional foot of allowed height, and in no case shall the new construction exceed forty-five (45) feet; (iv)Landscaping is provided meeting the minimum requirements for nonresidential uses pre- scribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residen- tial properties; (v)Additional measures may be required if deemed necessary to mitigate any noise impacts to adjacent residential uses; and (vi)The maximum height of a fence or wall within a front yard setback may be increased to six (6) feet, provided it enhances safety and security around an outdoor play area. (k)Public utility facilities located above ground, provided: (1)Landscaping is provided meeting the min- imum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screen- ing purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties; (2)The maximum height of a fence or wall may be increased within a front yard setback that will provide screening from adjacent uses and enhance safety and security around the facility; and (3)Exceptions to setbacks may be allowed if the applicant can demonstrate that the public interest is better served by allowing the modification. (l)Law enforcement and fire facilities, provided: (1)Landscaping is provided meeting the min- imum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screen- ing purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. (2)The maximum height of a fence or wall may be increased within a front yard setback that will provide screening from adjacent uses and enhance safety and security around the facility. (m)Mineral resource extraction per BMC 20.46.080, provided: (1)The site is located within a mineral resource overlay. (n)Cottage housing development consisting of four (4) or more dwellings may be approved in accor- dance with the following: (1)Orientation. Lot orientation shall be in accordance with the following standards: (i)All units with primary street frontage shall first be oriented towards the street, otherwise the common open space shall act as the street front and all units shall be oriented towards the common open space. (ii)Dwellings within a cottage housing development should be broken up into groups of no more than twelve (12) dwellings arranged around a common open space. The applicant shall demonstrate all efforts have been made to link housing clusters by ADA accessible paths and shared parking. (2)Open Space. The following open space requirements apply to all proposals regardless of num- ber of units: (i)A minimum of four hundred (400) square feet of common open space is required per dwell- ing unit. (ii)Parking areas, setbacks, spaces between buildings of ten (10) feet or less in width and driveways shall not count as common open space. (3)Parking. Off-street parking shall be pro- vided in accordance with the requirements set forth in Chapter 20.48 BMC, and the following criteria: (i)One and one-half (1.5) parking spaces are required for each dwelling unit. (ii)All parking areas and vehicle circula- tion shall be consolidated to the degree feasible. (iii)Parking areas serving more than one (1) dwelling unit shall not be located on a primary street frontage and should be located off an alley or a second- ary street. (iv)Garages and carports shall be oriented so that vehicle entrances are located off an alley or pri- vate parking area. All efforts shall be made to not orient vehicle entrances toward a primary frontage. (4)Design Standards. (i)Nonresidential Structures. Accessory structures and attached garages shall meet design stan- dards per BMC 20.60.060(d), and the combined gross square feet of all accessory structures shall not exceed eighty (80) percent of the combined footprint of all on- site residential structures. (ii)All dwellings shall include a covered front porch that is integrated with the structure’s archi- 20.60-5 (Revised 10/22) Bremerton Municipal Code 20.60.065 tecture. The minimum porch depth shall be six (6) feet, with a minimum width of ten (10) feet. This area shall not be included in dwelling gross square feet, but may be included in required open space area. (5)Nonconformities. An existing detached single-family residential structure, which may be non- conforming with respect to the standards of this section, shall be permitted to remain, but the extent of the non- conformity may not be increased. Such nonconforming dwelling units shall be included in the maximum permit- ted cottage density. (Ord. 5458 §7, 2022; Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5111 §3, 2010: Ord. 4977 §10, 2006: Ord. 4971 §15, 2006; Ord. 4950 §8 (Exh. A) (part), 2005) 20.60.060 DEVELOPMENT STANDARDS. (a)Lot Standards. Lot development requirements shall be in accordance with this section and the follow- ing standards unless allowed for by law otherwise: (1)Setbacks. (i)Minimum front yard setback is fifteen (15) feet; (ii)Minimum side yard setback is five (5) feet; (iii)Minimum rear yard setback is fifteen (15) feet. (2)Maximum structure height is thirty-five (35) feet. (3)Maximum structure height in (R-10) areas within the downtown regional center shall be pursuant to Figure 20.74(a) and shall supersede subsection (a)(2) of this section. (4)Minimum lot width is thirty (30) feet. (5)Maximum development coverage is sixty (60) percent. (b)Zero (0) Lot Line (ZLL) Development. An attached single-family dwelling and/or garage structure may have a single shared side or rear lot line, and a set- back reduced to zero (0), provided the structure com- plies with building code fire separation requirements. (c)Accessory Structures. The following standards shall apply but are not limited to: garages, carports, shops, barns, covered patios, cabanas, gazebos, and incidental household storage buildings, excluding accessory dwelling units per BMC 20.46.010 and struc- tures not requiring a building permit: (1)The maximum area for all accessory struc- tures shall be eighty (80) percent of the principal resi- dential use not to exceed one thousand two hundred (1,200) square feet. (2)Setbacks of detached accessory structures are pursuant to BMC 20.44.060. (d)Garages, Storage Buildings and Shops. (1)Any garage, storage building or shop structure shall be designed so that the appearance of the building remains that of a single-family residence including the following: (i)Constructed of similar materials as the principal unit; (ii)A roof of equal or greater pitch as the principal unit; (iii)A height no more than twenty-five (25) percent greater than the principal unit not to exceed thirty-five (35) feet. (2)Any garage, storage building, or shop may be exempt from the accessory structure size require- ments provided it is contained within the principal unit. (3)Garage, Carport, and Shop Vehicle Entrance Setbacks. When the vehicle entrance faces the street, the garage, carport, or shop shall have a front yard setback of at least twenty (20) feet, except as provided in BMC 20.44.020 (Traditional front yard). (e)Lot Area for Parks and Schools. Parks and schools may exceed maximum lot area requirements if approved by a conditional use permit. (Ord. 5458 §8, 2022; Ord. 5364 §14, 2018: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5008 §7, 2007: Ord. 4950 §8 (Exh. A) (part), 2005) 20.60.065 ALLOWABLE DENSITY AND LOT AREA. The purpose of this section is to establish compati- ble levels of density within existing neighborhoods. The intent is to allow infill residential development. The fol- lowing density and lot area standards are applicable to development within the zone: (a)Minimum Density. The minimum required density is six (6) dwellings per acre. (b)Maximum Density. The maximum allowed density is ten (10) dwellings per acre. (c)Maximum Lot Area. The maximum lot area is seven thousand two hundred sixty (7,260) square feet, with the following exceptions: (1)The lot area may be modified through the approval of a residential cluster development pursuant to BMC 20.58.060; (2)One (1) lot within a proposal for a division of land may exceed seven thousand two hundred sixty (7,260) square feet, provided the remaining lots do not exceed the seven thousand two hundred sixty (7,260) square foot maximum lot size; and (3)A flag lot that complies with the require- ments in BMC 20.44.100 may exceed seven thousand two hundred sixty (7,260) square feet, provided the total area of the flag lot does not exceed ten thousand eight hundred ninety (10,890) square feet. (Revised 10/22)20.60-6 20.60.080 (d)Minimum Lot Area. The minimum allowed lot area is four thousand three hundred (4,300) square feet. (e)Exception to Minimum Lot Areas. (1)The minimum lot area may be modified through the approval of a residential cluster develop- ment pursuant to BMC 20.58.060, provided the devel- opment complies with the maximum density requirement set forth in subsection (b) of this section. (2)When a new subdivision is proposed, the size of lots in land division may be reduced below the minimum lot size provided all the following are met: (i)The overall average of the proposed lots does not exceed the permissible maximum density. (ii)All lots that are smaller than the min- imum lot size shall demonstrate that they are develop- able by showing code compliance with such items as required parking, lot coverage, setbacks, stormwater compliance, etc. (iii)The platting documents shall include documentation of allowed uses and language that ensures maximum density is not exceeded. (iv)If the land division is submitted in phases of development, each phase submitted for approval shall meet these provisions. (Ord. 5422 §4, 2021; Ord. 5404 §2, 2020: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5008 §8, 2007: Ord. 4972 §1, 2006; Ord. 4971 §16, 2006: Ord. 4950 §8 (Exh. A) (part), 2005) 20.60.080 OFF-STREET PARKING REQUIREMENTS. Off-street parking shall be provided in accordance with the requirements set forth in Chapter 20.48 BMC. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.60.090 LANDSCAPING REQUIREMENTS. Landscaping shall be provided in accordance with the requirements set forth in Chapter 20.50 BMC. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.60.100 SIGN STANDARDS. Signs shall meet the standards of Chapter 20.52 BMC and the following: (a)One (1) sign with a sign area of up to eight (8) square feet may be allowed to advertise a permitted bed and breakfast, provided it matches the architectural fea- tures of the primary residence. (b)For a home occupation sign, the residential dis- trict sign regulations in BMC 20.52.120 shall apply. (c)When an established business use is located in the low density residential zone, the special purpose sign regulations in BMC 20.52.130 shall apply. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5008 §9, 2007: Ord. 4971 §17, 2006; Ord. 4950 §8 (Exh. A) (part), 2005) 20.78-1 (Revised 10/22) Bremerton Municipal Code 20.78.040 Chapter 20.78 MEDIUM DENSITY RESIDENTIAL (R-18) Sections: 20.78.010 INTENT. 20.78.020 OUTRIGHT PERMITTED USES. 20.78.030 ACCESSORY USES. 20.78.040 CONDITIONAL USES. 20.78.060 DEVELOPMENT STANDARDS. 20.78.065 ALLOWABLE DENSITY AND LOT AREA. 20.78.080 OFF-STREET PARKING REQUIREMENTS. 20.78.090 LANDSCAPING REQUIREMENTS. 20.78.100 SIGN STANDARDS. 20.78.010 INTENT. The intent of the medium density residential (R-18) zoning district is to accommodate single-family housing and existing medium density-type development, and encourage redevelopment opportunities by permitting a wider variety of housing types. Consistency throughout the neighborhoods between low density residential (R- 10) and medium density residential shall be imple- mented. (Ord. 5364 §8, 2018: Ord. 5301 §3 (Exh. B) (part), 2016) 20.78.020 OUTRIGHT PERMITTED USES. The following uses are permitted outright: (a)Cemetery; (b)Co-location of wireless communications per BMC 20.46.140; (c)Community facilities of twenty thousand (20,000) square feet gross floor area or less; (d)Day care facility of twelve (12) or fewer per- sons receiving care; (e)Education and schools (K-12) of twelve (12) or fewer students; (f)Foster home; (g)Group residential home; (h)Manufactured home per BMC 20.46.040; (i)Parks, playgrounds and open space equal or less than one-half (1/2) acre (twenty-one thousand seven hundred eighty (21,780) square feet); (j)Residential Uses. (1)Single-unit dwelling unit, detached; (2)Single-unit dwelling unit, attached (zero (0) lot lines) per BMC 20.78.060(b); (3)Duplexes (meeting underlying zoning density); (4)Townhouse (meeting underlying zoning density); (5)Cottage housing (meeting the provisions of BMC 20.60.040(n), except that no conditional use permit is required); (k)Worship and religious facilities of twenty thousand (20,000) square feet gross floor area or less; (l)Incubator for business associated with a wor- ship and religious facility or community facility, pro- vided the following conditions are met: (1)The incubated business is a use that is per- mitted outright in the neighborhood business zone, BMC 20.82.020; (2)Landscaping and signage requirements of the neighborhood business zone, Chapter 20.82 BMC, shall be met; and (3)The parcel upon which the incubated busi- ness is situated shall have frontage on an arterial street. (Ord. 5458 §9, 2022; Ord. 5301 §3 (Exh. B) (part), 2016) 20.78.030 ACCESSORY USES. The following accessory uses may be permitted when found in connection with a principal use: (a)Attached or detached accessory dwelling unit per BMC 20.46.010; (b)Detached garage, carport, and parking facili- ties for the residents of the property; (c)Home occupation per BMC 20.46.030; (d)Other necessary and customary uses deter- mined by the Director to be appropriate, incidental and subordinate; (e)Playhouses, patios, cabanas, porches, gazebos, swimming pools and incidental household storage buildings. (Ord. 5301 §3 (Exh. B) (part), 2016) 20.78.040 CONDITIONAL USES. The following uses may be permitted, provided a conditional use permit is approved pursuant to BMC 20.58.020 subject to the corresponding conditions: (a)Bed and breakfast, provided: (1)The operators of the business shall occupy the house as their primary residence; (2)No more than one (1) full-time equivalent (FTE) employee who is not a resident of the dwelling may be employed; (3)No more than six (6) bedrooms are made available for rent to guests and all guest rooms are con- tained within the principal structure; (4)Two (2) off-street parking spaces, plus one (1) off-street parking space per each guest bedroom, are required; (5)Off-street parking spaces may be reduced, provided the applicant can demonstrate parking will not spill over into nearby residential properties and any streets; (Revised 10/22)20.78-2 20.78.040 (6)Rooms shall not be made available to guests for more than fourteen (14) days during any thirty (30) day period; (7)No commercial receptions, parties, or other public gatherings, or serving of meals to nonresi- dent guests for compensation, are allowed; and (8)Any remodeling of the residential struc- ture shall maintain the residential nature of the structure and not alter the structure in such a manner that would prevent it from being used as a residence in the future. (b)Group residential facilities - Class I, provided: (1)All state licensing requirements are satis- fied; (2)Minimum setbacks, height and lot cover- age of the underlying zone shall apply; (3)Off-street parking shall be at a minimum of one (1) space per each employee during the peak shift, plus one (1) space per two (2) residents the facility will provide service to; (4)If counseling services are provided to non- residents, additional parking spaces are required at one (1) per three hundred (300) square feet of gross floor area used for counseling services; (5)The number of required off-street parking spaces may be reduced, provided the applicant can demonstrate that parking will not spill over into nearby residential properties and any streets; and (6)Landscaping is provided meeting the min- imum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screen- ing purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. (c)Senior housing complex, provided the follow- ing conditions are satisfied: (1)Minimum site area shall be no less than two (2) acres; (2)Minimum setbacks, density, height and lot coverage of the underlying zone shall apply; (3)Off-street parking shall be a minimum one (1) space per dwelling; (4)Except for a community building/club- house for the exclusive use of complex residents, all accessory uses shall be located within a structure con- taining residential units; (5)Attached or detached structure types are permitted and dwelling units may be owned by individ- uals or occupied as rentals; (6)Access to alternative transportation such as public transit or on-site shuttle services to access daily goods or services shall be provided; and (7)A management agreement or covenants on individual properties to maintain the complex as a senior citizen complex shall be recorded with the Kitsap County Auditor’s office. (d)Nursing/convalescent homes, provided: (1)All state licensing requirements are satis- fied; (2)Minimum site area shall be no less than one (1) acre; (3)Minimum setbacks, height and lot cover- age of the underlying zone shall apply; (4)Off-street parking shall be a minimum of one (1) space per six hundred (600) square feet of gross floor area; (5)The number of required off-street parking spaces may be reduced, provided the applicant can demonstrate that parking will not spill over into nearby residential properties and any streets; and (6)Landscaping is provided meeting the min- imum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screen- ing purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. (e)Day care facilities (thirteen (13) or more per- sons receiving care), provided: (1)All state licensing requirements are satis- fied; (2)Off-street parking shall be a minimum one (1) space per each five (5) children based on the state license maximum occupancy load; (3)One (1) loading/unloading space without backup is required for the first twenty (20) children and one (1) additional space for up to each additional twenty (20) children; (4)The number of required off-street parking spaces may be reduced, provided the applicant can demonstrate that parking will not spill over into nearby residential properties and any streets; (5)Landscaping is provided meeting the min- imum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screen- ing purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties; and (6)The maximum height of a fence or wall within a front yard setback may be increased up to six (6) feet, provided it enhances safety and security of an outdoor play area. (f)Adaptive reuse of commercial buildings, pro- vided the conditions set forth in BMC 20.46.070 are sat- isfied. (g)Worship, religious, and community facilities greater than twenty thousand (20,000) square feet, pro- vided: (1)The site area shall be one (1) acre or more; and (2)Landscaping is provided meeting the min- imum requirements for nonresidential uses prescribed in Number Subject Tables-7 (Revised 10/22) 5083 Annexation (Special) 5084 Annexation (Special) 5085 Corrections to city boundaries (Special) 5086 Authorizes termination of agreement with Kitsap County and Port Blakely Communities (Special) 5087 Bond issuance (Special) 5088 Creates Bremerton Harborside Revitalization Area; repeals Ord. 5052 (Special) 5089 Adopts public defense standards (Repealed by 5207) 5090 Approves voluntary separation and reduced work hours program (Special) 5091 Amends Ch. 20.02, Figure 20.40(a) [20.40(b)] and §20.46.110, zoning (20.02, 20.40, 20.46) 5092 (Failed) 5093 Amends §§6.32.070 and 6.32.090, noise levels (Repealed by 5453) 5094 Amends comprehensive plan (Repealed by 5299) 5095 Amends Rate Tables E and F of Ch. 3.01, rates and fees (Repealed by 5130) 5096 Amends §3.50.050, utility taxes (3.50) 5097 (Failed) 5098 2010 tax levy (Special) 5099 Adopts 2010 budget (Special) 5100 Cable franchise (Special) 5101 Amends 2009 budget (Special) 5102 Amends Ch. 18.06, ambulance services (18.06) 5103 Amends §§2.62.045, 15.01.020(m), 15.06.060, Appendix A of §15.06.015, and Ch. 15.08, utilities (2.62, 15.06, 15.08) 5104 Rezone (Repealed by 5299) 5105 Repeals and replaces Figure 3.78(a), multifamily property tax exemption (Repealed by 5260) 5106 Alley vacation (Special) 5107 (Pulled) 5108 State-shared sales and use tax for local revitalization (Special) 5109 Bond issuance (Special) 5110 Amends §2.05.010; repeals Ch. 2.07, economic development department (2.05) 5111 Amends Figure 20.40(b) and §§20.60.040, 20.78.040 and 20.79.040, community facilities (20.40, 20.60, 20.79) 5112 Amends Ch. 18.02, fire code (18.02) 5113 Adds §17.04.080(c); amends §§17.04.020, 17.04.040(c) and 17.04.110(d), building codes (17.04) 5114 Amends §§10.10.140 and 10.11.010(f), parking for disabled persons (Repealed by 5206) 5115 (Pulled) 5116 Amends §3.72.020, gambling tax (3.72) 5117 Amends 2010 budget (Special) 5118 Amends §20.48.060, residential parking development standards (20.48) 5119 Right-of-way transfer (Special) 5120 Amends Ch. 3.68, equipment rental reserve fund (3.68) 5121 Amends Ch. 10.12, skateboards (10.12) 5122 Amends §§10.10.020, 10.10.030, 10.11.005 and 10.11.010, parking (Repealed by 5206) 5123 Amends §17.60.070, floodplain management (17.60) 5124 Bond issuance (Special) 5125 Amends §2.18.060, audit committee (Repealed by 5311) 5126 Adds Ch. 7.06; amends §§3.01.050, 7.04.020, 7.15.010 and 7.16.030, keeping of chickens (7.04, 7.06, 7.15, 7.16) 5127 Amends §17.60.070, floodplain management (17.60) 5128 Amends Ch. 2.09 and §2.10.030, information technology reorganization (2.09, 2.10) 5129 Tax levy (Special) Number Subject (Revised 10/22)Tables-8 5130 Repeals and replaces Ch. 3.01, rates and fees (3.01) 5131 Amends §§15.06.015 and 15.06.040; repeals Appendix A of Ch. 15.06, assessments, rates, fees and charges (15.06) 5132 Establishes rates and fees for the department of public works and utilities (Not codified) 5133 Adopts 2011 budget (Special) 5134 Amends 2010 budget (Special) 5135 Adds §10.10.150, driveways (Repealed by 5206) 5136 Repeals Ch. 18.08, outdoor fires (Repealer) 5137 Amends §18.02.090, fire code (18.02) 5138 Amends §10.04.010 and Ch. 10.11, parking (10.04) 5139 Amends §3.48.030, business and occupation tax (3.48) 5140 Adds Ch. 5.08; amends §7.08.030(a), street vendors; repeals Chs. 5.04 and 5.20 (5.08, 7.08) 5141 Adds Ch. 3.49, natural or manufactured gas use tax (3.49) 5142 Repeals Ch. 3.44, admissions tax (Repealer) 5143 Repeals Ord. 5050, alley vacation (Repealer) 5144 Repeals Ord. 5061, street vacation (Repealer) 5145 Amends Ch. 9A.44, public disturbances (9A.44) 5146 Adds §9A.32.130, sexual motivation for assault (9A.32) 5147 Adds Ch. 6.06; amends §2.62.045; recodifies Ch. 9.14 to 6.08 and Ch. 9.16 to Ch. 6.02; repeals Chs. 6.02, 9.08 and 9.90, health and sanitation (2.62, 6.02, 6.06, 6.08) 5148 Amends Ch. 1.04 and §2.13.120, code enforcement (1.04, 2.13) 5149 Alley vacation (Special) 5150 Amends §2.09.040, city clerk’s duties (Repealed by 5350) 5151 Alley vacation (Special) 5152 Bond issuance (Special) 5153 Amends 2011 budget (Special) 5154 Amends §§2.62.045, 7.06.010, 9.92.020, 11.12.120 and 13.10.090, code reference corrections; repeals §13.10.100 (2.62, 7.06, 9.92, 11.12, 13.10) 5155 Moratorium on methadone treatment facilities (Special) 5156 Amends §3.12.060, authorized expenditures from arts fund (3.12) 5157 Authorizes termination of development agreement (Special) 5158 Amends Ch. 5.16, temporary merchants, peddlers and mobile food vendors (5.16) 5159 Moratorium on medical marijuana collective gardens (Special) 5160 (Number not used) 5161 Alley vacation (Special) 5162 Council districts; repeals Ord. 4812 (Repealed by 5179) 5163 Repeals Ch. 3.56, fiscal and cremation agent (Repealer) 5164 Adds §18.02.175, fire code violation fines (18.02) 5165 Adds §9A.44.110, lasers (9A.44) 5166 Amends §13.04.140, liquor in city parks (13.04) 5167 Suspends One Percent for the Arts Program (Repealed by 5270) 5168 2012 tax levy (Special) 5169 Amends §3.82.020, commercial parking tax (3.82) 5170 Amends §3.50.050, utility taxes (3.50) 5171 Adds Ch. 11.18, addressing (11.18) 5172 Amends rates and fees for the department of public works and utilities (Not codified) 5173 Adopts 2012 budget (Special) 5174 Amends §§10.10.140, 10.11.010, 10.11.050 and 10.11.060, parking zones (Repealed by 5206) 5175 Amends 2011 budget (Special) 5176 (Renumbered) Number Subject Tables-9 (Revised 10/22) 5177 Adds §20.98.040; amends §§20.42.020, 20.42.040 and 20.86.040, opiate substitution treatment facili- ties (20.42, 20.86) 5178 Extends moratorium on medical marijuana collective gardens (Special) 5179 Council districts; repeals Ord. 5162 (Repealed by 5451) 5180 Street vacation (Special) 5181 Amends §§2.92.020 and 2.92.030, office of risk management (2.92) 5182 Amends §10.04.034, inattention to driving (10.04) 5183 Amends §§9A.12.020 and 13.04.140, liquor in city parks (9A.12, 13.04) 5184 Adds §11.12.085, complete streets (Repealed by 5354) 5185 Amends Ch. 7.06 and §7.15.010, chickens (7.06, 7.15) 5186 Amends 2012 budget (Special) 5187 Adds §20.04.205; amends §20.04.010, State Environmental Policy Act (20.04) 5188 Amends comprehensive plan and §20.80.080, subarea plans (Repealed by 5301) 5189 Establishes planned action for South Kitsap industrial area (Special) 5190 Amends §§2.16.020, 2.19.020 and 2.30.020, civil service system (2.16, 2.19, 2.30) 5191 Bonds issuance (Special) 5192 Extends moratorium on medical marijuana collective gardens (Special) 5193 Adds §1.06.110, public records (1.06) 5194 (Failed) 5195 Amends §3.48.050, business and occupation taxes (3.48) 5196 (Failed) 5197 2013 tax levy (Special) 5198 Amends §2.03.010, mayor (2.03) 5199 Repeals Ch. 2.34, Gold Mountain Golf Complex board of directors (Repealer) 5200 Adopts 2013 budget (Special) 5201 Amends Ch. 3.48 and §3.86.200, business and occupation taxes (3.48, 3.86) 5202 Amends comprehensive plan (Repealed by 5299) 5203 Amends 2012 budget (Special) 5204 Amends Ch. 9.88, drug offenses (9.88) 5205 Amends §§20.40.160, 20.42.020 and 20.42.040, medical marijuana collective gardens (20.40, 20.42) 5206 Amends Ch. 11.10; repeals and replaces Ch. 10.10; repeals Ch. 10.11, parking and sidewalks (10.10) 5207 Repeals Ord. 5089, public defense standards (Repealer) 5208 Amends Chs. 9A.32 and 9A.44, criminal code (9A.32, 9A.44) 5209 Adds §15.01.015; amends §20.14.630; repeals and replaces §15.01.020 and Ch. 15.04, stormwater (15.01, 15.04, 20.14) 5210 Amends §§2.50.032, 2.50.040, 2.50.060 and 2.50.070, management and professional staff compensa- tion program (2.50) 5211 Adds §15.06.025, sewer conservation loan program (15.06) 5212 Rezone (Special) 5213 Amends rates and fees for the department of public works and utilities (Not codified) 5214 Bonds issuance (Special) 5215 Adds Ch. 6.10, abandoned property registration and maintenance (6.10) 5216 Adds Ch. 10.08; amends §2.62.045, impoundment of vehicles, appeals (2.62, 10.08) 5217 Amends 2013 budget (Special) 5218 Cable franchise (Special) 5219 Amends §§17.04.020 and 17.04.110, building code (17.04) 5220 Repeals Ord. 4992, 2005 water system plan (Repealer) 5221 Adds Ch. 5.06, rental property registration (5.06) 5222 Amends §§20.04.100, 20.42.040, 20.44.120, 20.48.260, 20.62.060(a), 20.62.080, 20.64.060(a), 20.64.080, 20.66.050, 20.66.060(a), 20.66.080, 20.70.050, 20.70.060(a), 20.70.070(b), 20.70.080, Number Subject (Revised 10/22)Tables-10 20.82.060(a), 20.82.080, 20.84.060(a), 20.84.080, 20.92.020 and 20.98.020, zoning (20.04, 20.42, 20.44, 20.48, 20.62, 20.70, 20.82, 20.98) 5223 Adds Ch. 10.20; repeals Ch. 10.40, commute trip reduction plan (10.20) 5224 Fiscal policy regarding tax receipts (Repealed by 5289) 5225 Amends Ch. 9.24, prostitution (9.24) 5226 Amends Ord. 4875, energy franchise (Special) 5227 2014 tax levy (Special) 5228 Amends Ord. 5213, rates and fees for the department of public works and utilities (Not codified) 5229 Shoreline master program; repeals Resos. 1736, 1746, 1765, 1769 and 1770 and Ords. 4183, 4365, 4634, 4797 and 4829 (Not codified) 5230 Repeals and replaces Ch. 20.16, shoreline development (20.16) 5231 Amends Ch. 17.60, floodplain management (17.60) 5232 Adds Ch. 2.11; amends Chs. 2.06 and 2.09, human resources (2.06, 2.09, 2.11) 5233 Amends comprehensive plan (Repealed by 5299) 5234 Amends Ch. 18.02, city fire code (18.02) 5235 Adopts 2014 budget (Special) 5236 Amends 2013 budget (Special) 5237 Amends comprehensive plan and §20.80.080, subarea plans (Repealed by 5301) 5238 Amends §3.72.020, gambling tax (3.72) 5239 Street vacation (Special) 5240 Establishes planned action for Gorst urban growth area (Special) 5241 Revokes Wheaton-Riddell District Center Subarea Plan adopted by Ord. 5025 (Repealed by 5301) 5242 Repeals Res. 3045 and approves 2014 Parks, Recreation and Open Space Plan (Repealed by 5395) 5243 Amends Ch. 7.15, animal violations and infractions (7.15) 5244 Street vacation (Special) 5245 Amends Ch. 11.25, transportation benefit district (11.25) 5246 Amends 2014 budget (Special) 5247 Amends §11.10.010, hazardous sidewalk conditions prohibited (Repealed by 5276) 5248 Rezone (Special) 5249 Adds §20.48.150; amends §§20.42.040, 20.52.050, 20.52.070, 20.52.130, 20.52.160, 20.52.180, Fig- ure 20.52(a), §§20.92.020 and 20.98.020; repeals Title 19, §§20.42.020 and 20.52.170, zoning (20.42, 20.48, 20.52, 20.98) 5250 Amends Title 15, municipal utilities (15.01, 15.02, 15.03, 15.04, 15.05, 15.06, 15.07, 15.08) 5251 Amends §§20.70.020, 20.70.060 and 20.70.090; rezones properties and amends zoning map, district center core (DCC) (20.70) 5252 Amends Ch. 2.18, audit committee and city auditor (Repealed by 5311) 5253 Amends §7.10.010, animal impoundment and quarantine (7.10) 5254 Adds Ch. 5.12, taxicabs (5.12) 5255 Bonds issuance (Special) 5256 Alley vacation (Special) 5257 Street vacation (Special) 5258 Street vacation (Special) 5259 Street vacation (Special) 5260 Repeals and replaces Figure 3.78(a), multifamily property tax exemption (Repealed by 5302) 5261 Amends §§20.12.060, 20.12.090 and 20.12.140, land division (20.12) 5262 Adds §§9A.44.110, 9A.44.120, 9A.44.130 and 9A.44.140; amends and renumbers §9A.44.110 as 9A.44.100; repeals §9A.44.100, public disturbances (9A.44) 5263 Amends §§20.52.040, 20.52.050, 20.52.060, 20.52.100 and 20.52.180, signs (20.52) 5264 2015 tax levy (Special) 5265 Amends Ord. 5228, rates and fees for department of public works and utilities (Not codified) Number Subject Tables-15 (Revised 10/22) 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) 5446 Adds §7.15.010(cc), animals (7.15) 5447 (Not used) 5448 Amends Ch. 2.18, audit committee and city auditor (2.18) 5449 Amends Eastside Village subarea plan (Special) 5450 Amends 2022 budget (Special) 5451 Council districts; repeals Ord. 5179 (Not codified) 5452 Amends §2.76.100, procurement and disposal (2.76) 5453 Amends Ch. 6.32, noise levels (6.32) 5454 Adds §9A.24.230, open carry of weapons prohibited in municipal buildings (9A.24) 5455 Amends §§9A.32.070 and 9A.32.080, criminal code (9A.32) 5456 Adds §§9A.44.130 and 9A.44.140, criminal code (9A.44) 5457 Amends Ch. 2.50, management and professional staff compensation program (2.50) 5458 Adds §20.58.100; amends §§20.42.040(c) and (d), 20.60.020(j), 20.60.040, 20.60.060 and 20.78.020, land use (20.42, 20.58, 20.60, 20.78)