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)