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Ordinance 28530006.160.070(D) TAR/klt/srh 09/26/91 ORDINANCE NO. 2853 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING AND REORGANIZING THE CRIMINAL CODE INCLUDING TITLES 5 AND 8 OF THE EXISTING EDMONDS MUNICIPAL CODE. WHEREAS, the City Council of the City of Edmonds has determined that there should be redrafting and reorganization of the City's criminal code including sections of Title 5 and Title 8, and WHEREAS, this ordinance is in the interest of the public health, safety and welfare, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. General Provisions, Section 5.01.010 of the Edmonds City Code is hereby amended to read as follows: 5.01.010 GENERAL PROVISIONS The following statutes of the state of Washington are adopted by reference: A. RCW 9.01.055 Citizen immunity of aiding officer B. RCW 9.01.110 Omission, when not punishable C. RCW 9.01.120 Civil remedies preserved D. RCW 9.01.130 Sending letter, when complete E. RCW 9.01.160 Application to existing civil rights F. RCW 9A.04.020 Purposes - principles of construction G. RCW 9A.04.040 Classification of crimes H. RCW 9A.04.050 People capable of committing crimes (capability of children) WSS53620O -1- I. RCW 9A.04.060 Common law to supplement statutes J. RCW 9A.04.070 Who amenable to criminal statutes K. RCW 9A.04.090 Application of general provisions of the code L. RCW 9A.04.100 Proof beyond a reasonable doubt M. RCW 9A.04.110 Definitions Section 2. Defenses. Section 5.01.030 of the Edmonds City Code is hereby amended to read as follows: 5.01.030 DEFENSES The following statutes of the state of Washington are adopted by reference: A. RCW 9A.12.010 B. RCW 9A.16.010 C. RCW 9A.16.020 D. RCW 9A.16.060 E. RCW 9A.16.070 F. RCW 9A.16.080 G. RCW 9A.16.090 H. RCW 9A.16.106 Section 3. Insanity Definition Use of force --When lawful Duress Entrapment Action for being detained on mercantile establish- ment of premises for investigation -"Reasonable grounds" as defense. Intoxication Use of force on children A new Section 5.01.035 of the Edmonds City Code entitled RESTITUTION is hereby created to read as follows: 5.01.035 RESTITUTION If a person has gained money or property or caused a victim to lose money or property through the commission of a crime, upon conviction thereof in court, in lieu of imposing all or any part of the fine authorized by law, the court may order the defendant to pay an amount, fixed by the court, not to exceed double the amount of the defendant's gain or the victim's loss from the commission of a crime. Such amount shall WSS53620O -2- be used to provide restitution to the victim at the order of the court. In such a case, the court shall make a finding as to the amount of the defendant's gain or victim's loss from the crime, and if the record does not contain sufficient evidence to support such findings, the court may conduct a hearing upon the issue. For the purposes of this section, the term gain or loss refers to the amount of the money or the value of the property or services gained or lost. Section 4. Alcoholic Beverages. Chapter 5.04 of the Edmonds City Code is hereby amended to read as follows: 5.04.010 ALCOHOLIC BEVERAGE CONTROL -- ENFORCEMENT The following statutes of the state of Washington are adopted by reference and wherever the word "title" or words "this title" are used therein the same shall be construed to mean and refer to RCW Title 66 and "this act" shall mean and refer to the Washington State Liquor Act: A. RCW 66.04.010 Definitions B. RCW 66.20.200 Unlawful acts relating to card of identification and certification card C. RCW 66.20.210 Licensee's immunity to prosecution or suit -- Certification card as evidence of good faith D. RCW 66.28.080 Permit for music and dancing upon licensed premises E. RCW 66.28.090 Licensed premises open for inspection -- Failure to allow F. RCW 66.44.010 Local officers to enforce law --Authority of board -- Liquor enforcement officers G. RCW 66.44.040 Sufficiency of description of offenses in complaints, informations, process, etc. H. RCW 66.44.050 Description of offense in words of statutes -- Proof required WSS53620O -3- I. RCW 66.44.060 Proof of unlawful sale establishes prima facie intent J. RCW 66.44.070 Certified analysis is prima facie evidence of alcoholic content K. RCW 66.44.080 Service of process on corporation L. RCW 66.44.090 Acting without license M. RCW 66.44.100 Opening/consuming liquor in public, penalty N. RCW 66.44.120 Unlawful use of seal 0. RCW 66.44.130 Sales of liquor by drink or bottle P. RCW 66.44.140 Unlawful sale, transporta- tion of spirituous liquor without stamp or seal -- Unlawful operation, possession of still or mash Q. RCW 66.44.150 Buying liquor illegally R. RCW 66.44.160 Illegal possession, transportation of alcoholic beverages S. RCW 66.44.170 Illegal possession of liquor with intent to sell -- Prima facie evidence, what is T. RCW 66.44.175 Violations of law U. RCW 66.44.180 Jurisdiction V. RCW 66.44.200 Sales to persons apparently under the influence of liquor W. RCW 66.44.210 Obtaining liquor for ineligible person X. RCW 66.44.240 Drinking in public conveyance -- Penalty against carrier Y. RCW 66.44.250 --- Penalty against individual Z. RCW 66.44.270 Furnishing liquor to minor--possession--use-- exemptions aa. RCW 66.44.280 Minor applying for permit bb. RCW 66.44.290 Minor purchasing liquor cc. RCW 66.44.291 Minor purchasing or attempting to purchase liquor -- Penalty dd. RCW 66.44.300 Treating minor, etc., in public place where liquor sold WSS53620O -4- ee. RCW 66.44.310 Minors frequenting tavern -- Misrepresentation of age -- Classification of licenses ff. RCW 66.44.316 Musicians eighteen years and older permitted to enter and remain upon licensed premises during employment gg. RCW 66.44.320 Sales of liquor to minors a violation hh. RCW 66.44.325 Unlawful transfer to a minor of an identification of age ii. RCW 66.44.328 Preparation or acquisition and supply to persons under 21 of facsimile of official ID card --penalty jj. RCW 66.44.340 Employees eighteen years and over allowed to sell and carry beer and wine for class E and/or F licensed employees kk. RCW 66.44.350 Employees, 18 years and over allowed to serve and carry liquor 11. RCW 66.44.365 Juvenile driving privileges --alcohol or drug violation mm. RCW 66.44.370 Resisting or opposing officers in enforcement of title Section 5. Furnishing Liquor to Minors -- Possession and Use. Section 5.04.020 is hereby repealed and recodified. Section 6. opening or Consuming Liquor or Possessing an ORen Container of Liquor in Public Place. Section 5.04.030 is hereby repealed and recodified (see RCW 66.44.100). Section 7. Animal Control --Penalties. Section 5.05.002 of the Edmonds City Code entitled ANIMAL CONTROL -- PENALTIES is hereby created to read as follows: WSS53620O -5- 5.05.002 ANIMAL CONTROL --PENALTIES Unless otherwise stated in this municipal code or in state statute adopted by reference any person violating the provisions of this chapter (5.05) shall be guilty of a misdemeanor and be punished by a fine only not to exceed $500 for each such offense. Section 8. Nuisances Defined. Section 5.05.120, subparagraph B, of the Edmonds City Code is hereby amended to read as follows: 5.05.120 NUISANCES DEFINED B. Nuisances are hereby defined to include: 1. Any domesticated animal which chases, runs after or jumps at vehicles using public streets and alleys; 2. Any domesticated animal which habitually snaps, growls, snarls, jumps upon or otherwise threatens persons lawfully using the public sidewalks, streets, alleys or other public ways; 3. Any animal which has exhibited vicious propensities and which constitutes a danger to the safety of persons or property off his premises or lawfully on his premises; 4. A vicious animal or animal with vicious propensities which runs at large at any time, or such an animal off the owner's premises not securely leashed on a line or confined and in the control of the person of suitable age and discretion to control or restrain such animal; WSS53620O -6- 5. Any domesticated animal which howls, yelps, whines, barks or makes other oral noises in such a manner as to disturb any person or neighborhood to an unreasonable degree; 6. Animals kept, harbored or maintained and known to have a contagious disease, unless under the treatment of a licensed veterinarian; 7. Animals running in packs; 8. Any dog running at large within the city; or 9. A female domesticated animal, whether licensed or not, while in heat, accessible to other animals for purposes other than controlled and planned breading. All nuisances under this chapter shall be abated as provided in this chapter. In addition, any owner or person having charge of any animal who fails to abate such nuisance shall be guilty of a misdemeanor with a maximum penalty of $1,000 fine and/or 90 days in jail. Secti❑n 9. Cruelty Violations Declared Unlawful. Section 5.05.128 of the Edmonds City Code is hereby amended with the addition of a new paragraph, paragraph 6, to read as follows: 5.05.128 CRUELTY VIOLATIONS DECLARED UNLAWFUL 6. Any person who violates any provision of this section shall be deemed to have committed a gross misdemeanor punishable by maximum sentence of $5,000 fine and/or one year in jail. Section 10. Penalties. Section 5.05.140 of the Edmonds City Code is hereby repealed. WSS53620O -7- Section 11. Penalty Where Violated. A new Section 5.10.090 of the Edmonds Municipal Code is hereby amended to read as follows: 5.10.090 BOATING CODE --PENALTIES Unless otherwise provided for in this chapter of the municipal code, or by state statute adopted by reference, any person violating any provision of this chapter shall have committed a civil infraction and shall be assessed a monetary penalty only not to exceed $5,000. Section 12. Reckless Operation. Section 5.10.050 of the Edmonds City Code is hereby amended to read as follows: 5.10.050 RECKLESS OPERATION It is unlawful for any person to operate any watercraft in a reckless manner, meaning in a manner as to indicate either a willful or wanton disregard for the safety of persons or property. Any person violating this section shall be deemed to have committed a gross misdemeanor and shall be punished by a fine not to exceed $5,000 and/or one year in jail. Section 13. Intoxication. Section 5.10.060 of the Edmonds City Code is hereby amended with the addition of paragraph C to read as follows: 5.10.060 INTOXICATION C. Any person violating any provision of this section shall be deemed to have committed a gross misdemeanor and shall be punished by a fine not to exceed $5,000 and/or by jail, not to exceed one year. WSS53620O -8- Section 14. Children and Minors Crimes Relating to. Chapter 5.12 of the Edmonds City Code is hereby amended to read as follows: 5.12.010 CONDUCT PROHIBITED The following statutes of the State of Washington are adopted by reference: A. RCW 9.91.060 Leaving children unattended in parked automobile B. RCW 9A.44.096 Sexual misconduct with a minor in the second degree C. RCW 9.68A.011 Definitions (for "sexual exploitation of children") D. RCW 9.68A.070 Possession of depictions of minor engaged in sexually explicit conduct E. RCW 9.68A.080 Processors of depictions of minor engaged in sexually explicit conduct. F. RCW 9.68A.110(1),(2),(5) Certain defenses barred, permitted G. RCW 9.68A.120 Seizure and forfeiture of property H. RCW 9.68A.130 Recovery of costs of suit by minor I. RCW 9.68A.140 Definitions J. RCW 9.68A.150 Allowing minor on premises of live, erotic performance K. RCW 9.68A.160 Penalty Section 15. Contributing to the Delinquency of a Minor. Section 5.12.020 of the Edmonds City Code is hereby amended to read as follows: 5.12.020 CONTRIBUTING TO THE DELINQUENCY OF A MINOR In all cases when any child is dependent or delinquent as defined in RCW 13.34.030, any person who, by act or omission, encourages, causes, or contributes to the dependency or delinquency of such child, shall be guilty of a misdemeanor. WSS53620O -9- These violations shall include but not be restricted to violations of the following state statutes adopted herein by this reference: A. RCW 26.28.080(2) Permitting person under the age of 18 to remain in any place of entertainment injurious to health or morals. B. RCW 26.28.080(3) Permitting person under the age of 18 to gamble, or remain in a house of prostitution, or in any place where a controlled substance is used. C. RCW 26.28.080(4) In part --selling or giving any person under 18 years of age any cigarette or tobacco in any form. D. RCW 26.28.080(5) Selling or giving any person under the age of 18 a revolver or pistol. Section 16. Controlled Substances --State Statutes Adopted by Reference. Section 5.14.010 of the Edmonds City Code is hereby amended to read as follows: 5.14.010 CONTROLLED SUBSTANCES --STATE STATUTES ADOPTED BY REFERENCE The following statutes of the state of Washington are hereby adopted by reference as if set forth in full herein: A. RCW 69.50.101 Definitions B. RCW 69.50.102 Drug paraphernalia - Definitions C. RCW 69.50.201 Authority to Control D. RCW 69.50.202 Nonclementure E. RCW 69.50.204(d)(13)Schedule I -Marijuana F. RCW 69.50.309 Containers G. RCW 69.50.401(e) Prohibited Acts: A - Penalties H. RCW 69.50.412 Prohibited Acts: E- Penalties WSS53620O -10- I. RCW 69.50.420 J. RCW 69.50.425 K. RCW 69.50.505 L. RCW 69.50.506 M. RCW 69.50.509 Section 17. Juvenile Driving Privileges Minimum Penalty Seizure and Forfeiture Burden of Proof Search and seizure of controlled substances Inhaling Toxic Fumes. Section 5.14.030 of the Edmonds City Code is hereby amended to read as follows: 5.14.030 INHALING TOXIC FUMES The following statutes of the state of Washington are adopted by reference: A. RCW 9.47A.010 Definition B. RCW 9.47A.020 Unlawful inhalation -- Exception C. RCW 9.47A.030 Possession of certain substances prohibited, when D. RCW 9.47A.040 Sale of certain substances prohibited, when E. RCW 9.47A.050 Penalty Section 18. Penalty. A new section 5.14.060 of the Edmonds City Code entitled PENALTY is hereby created to read as follows: 5.14.060 PENALTY Unless otherwise indicated by this section of the municipal code, or by state statute, any person violating any part of this section shall be guilty of a misdemeanor, and shall be punished by a fine of not to exceed $1,000 and/or by jail not to exceed 90 days. Section 19. Tobacc❑ Products --Penalty. Section 5.15.050 of the Edmonds City Code entitled TOBACCO PRODUCTS --PENALTY is hereby amended to read as follows: WSS536200 -11- 5.15.050 TOBACCO PRODUCTS --PENALTY Unless otherwise provided in this section of the municipal code, or by state statute, adapted by reference any person violating any section of this chapter shall be guilty of a civil infraction with a maximum sentence of a $5,000 fine. Section 20. Penalty. Section 5.20.070 of the Edmonds City Code is hereby amended to read as follows: 5.20.070 PENALTY Unless otherwise provided in this chapter or by state statute adopted by reference, any person violating any provision of this chapter shall be punished by a fine not to exceed $5,000. Section 21. Fire Arms and Dangerous Weapons— Prohibitions. Section 5.24.010 of the Edmonds City Code is hereby amended to read as follows: 5.24.010 FIREARMS AND DANGEROUS WEAPONS - PROHIBITIONS The following statutes of the state of Washington are adopted by reference: A. RCW 9.41.010 Terms defined B. RCW 9.41.050 Carrying pistol C. RCW 9.41.060 Exception D. RCW 9.41.070 Issuance of licenses to carry E. RCW 9.41.080 Delivery to minors and others forbidden F. RCW 9.41.090 Sales regulated -- Application to purchase --Grounds for denial G. RCW 9.41.093 Exemptions H. RCW 9.41.095 Denial of application -- Appeal I. RCW 9.41.098 Forfeiture of firearms, order by courts --Return to owner --Confiscation by law enforcement officer WSS53620O -12- J. RCW 9.41.100 Dealer's licenses, by whom granted and condition thereof --Wholesale sales excepted --Permits prohibited K. RCW 9.41.110 Dealer's license --local authority to issue L. RCW 9.41.120 Certain transfers forbidden M. RCW 9.41.130 False information forbidden N. RCW 9.41.140 Alteration of identifying marks prohibited 0. RCW 9.41.150 Exceptions P. RCW 9.41.150 Alien's license to carry firearms --Exception Q. RCW 9.41.160 Penalty R. RCW 9.41.170 Alien's licensed to carry firearms --exceptions S. RCW 9.41.180 Setting spring gun T. RCW 9.41.230 Aiming or discharging weapon U. RCW 9.41.240 Use of firearms by minor V. RCW 9.41.250 Dangerous weapon --evidence W. RCW 9.41.260 Dangerous exhibitions X. RCW 9.41.270 Weapons apparently capable of producing bodily harm, carrying, exhibiting, displaying or drawing unlawful--Penalty-- Exceptions Y. RCW 9.41.280 Students carrying dangerous weapons on school property. Z. RCW 9.41.300 Firearms prohibited in certain places --local laws and ordinances, exceptions --penalty Section 22. Dangerous Weapons --Use, Possession Concealing, Sales Manufacture. Section 5.24.014(A) of the Edmonds City Code is hereby amended to read as follows: 5.24.014 DANGEROUS WEAPONS - USE POSSESSION, CONCEALING, SALES, MANUFACTURE A. It is unlawful for a person knowingly to: WSS536200 -13- 1. Manufacture, sell, possess, purchase, carry or dispose of any switchblade knife or balisong knife or any instrument or weapon of the kind usually known as a blackjack, slungshot, sand -club, metal knuckles, chako sticks, nunchuka, throwing stars, clubs or other similar instruments which are designed or constructed to conflict bodily injury or property damage; 2. Furtively carry concealed or unconcealed on his or her person any dangerous knife or dangerous weapon other than a pistol; 3. Sell or give away to any person under 18 years of age any dangerous knife, fixed blade knife, switch- blade knife, slungshot, blowgun or dangerous weapon; 4. Sell or rent any airgun to any person under 18 years of age; 5. Carry with intent to conceal any dirk, airgun or blowgun; 6. Furtively carry a pistol with intent to conceal; or 7. Use any contrivance or device for suppressing the noise of any firearm. Section 23. Dangerous Weapons --Use, Possession_ Concealing, sales, Manufacture. Section 5.24.014(B(1)) of the Edmonds City Code is hereby amended to read as follows: 5.24.014 DANGEROUS WEAPONS - USE. POSSESSION. CONCEALING. SALES, MANUFACTURE B. Exemptions. 1. Nunchuka, chako sticks and throwing stars. The proscriptions of subsection (A)(1) relating to chako sticks, throwing stars and other martial arts weapon shall not apply to WSS536200 -14- or affect regularly enrolled members of clubs and associations organized for the practice, instruction or demonstration of self-defense arts involving chako sticks, throwing stars or other martial art weapons while such members are at or are going to or from their place of residence, a practice session, an instruction session, a demonstration or a place of repair, or while such members are going from the place of purchase; provided further that the proscriptions of subsection (A)(1) concerning the manufacture and sales of chako sticks, throwing stars and other martial arts weapon shall not apply to such clubs and organizations when chako sticks, etc. are manufactured for or sold to regularly enrolled members for use at a practice or instruction session or demonstration. Section 24. Penalty for Violations. Section 5.27.190 of the Edmonds City Code is hereby amended to read as follows: 5.27.190 PENALTY FOR VIOLATIONS Any person violating or failing to comply with any of the provisions of this chapter shall be guilty of a criminal violation, and upon conviction thereof, shall be punished by a fine not to exceed $5,000 and/or by imprisonment not to exceed one year. In addition, any fireworks that are involved in the violation, may be confiscated. Section 25. Frauds and Swindles. Section 5.28.010 of the Edmonds Municipal Code is hereby amended to read as follows: 5.28.010 FRAUDS AND SWINDLES The following statutes of the state of Washington are adopted by reference: WSS53620O -15- A. RCW 9.45.060 Encumbered, leased or rented personal property B. RCW 9.45.062 Failure to deliver leased personal property -Requisites for presentation --Construction C. RCW 9.45.070 Mock auctions D. RCW 9.45.080 Fraudulent removal of property E. RCW 9.45.090 Knowingly receiving fraudulent conveyance F. RCW 9.45.100 Fraud in assignment for benefit of creditors G. RCW 9.26A.110 Fraud in obtaining telephone or telegraph service H. RCW 9.26A.120 Fraud in operating coin -box telephone or other receptacle I_ RCW 9.26A.130 Penalty for manufacture or sale of slugs to be used for coin J. RCW 9.45.250 Fraud in obtaining cable television services M. RCW 9A.60.010 Definitions K. RCW 9A.60.040 Criminal impersonation L. RCW 9A.60.050 False certification Section 26. ❑efrauding a Public Utility. Section 5.28.030 of the Edmonds Municipal Code is hereby amended to read as follows: 5.28.030 DEFRAUDING A PUBLIC UTILITY The following statutes of the State of Washington including all future amendments, are adopted by reference as if set forth in full herein: A. RCW 9A.61.010 B. RCW 9A.61.020 C. RCW 9A.61.050 D. RCW 9A.61.060 E. RCW 9A.61.070 Definitions Defrauding a Public Utility Defrauding a Public Utility in the Third Degree Restitution and Costs Damages not precluded Section 27. Citizen Complaints. Section 5.30.140 of the Edmonds Municipal Code is hereby amended to read as follows: 5.30.140 CITIZEN COMPLAINTS WSS536200 -16- Whenever it is stated in writing by three or more persons having separate residences in a neighborhood that any person is violating any of the provisions of this chapter, the noise control administrator shall advise the person of the complaint and that such violation is a nuisance and must cease. Failure of any person to cease any violation of this chapter shall be deemed a misdemeanor. Section 28. Penalties. Section 5.30.150 of the Edmonds Municipal Code is hereby amended to read as follows: 5.30.150 PENALTIES Any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, be sentenced to a fine not to exceed $1,000. Section 29. Penalty. Section 5.32.140 of the Edmonds Municipal Code is hereby amended to read as follows: 5.32.140 PENALTIES Any person violating any provision of chapter, 5.32, shall be guilty of a misdemeanor and shall be subject only to a fine not to exceed $1,000. Section 30. Definition of Assault. A new Section 5.34.015 of the Edmonds Municipal Code entitled DEFINITION OF ASSAULT IN THE FOURTH DEGREE is hereby created to read as follows: 5.34.015 DEFINITION OF ASSAULT IN THE FOURTH DEGREE Every person who commits an assault not amounting to an assault in either the first, second or third degree as provided in RCW Chapter 9A.36 is guilty of assault in the fourth degree. A criminal assault is an WSS53620O -17- attempt, whether completed or not, with unlawful force, to inflict bodily injury upon another, accompanied with the presentability or the appearance of the presentability, to give affect to the attempt if not prevented. Assault does not require a visible injury and includes an unlawful touching of another. Self-defense shall be a complete defense to assault in the fourth degree. It shall be a defense to the charge of assault in the fourth degree, if the action was committed in self-defense or defense of another, provided that any defense must be reasonable and necessary. Section 31. Custodial Interference. Section 5.34.050 of the Edmonds Municipal Code is hereby amended to read as follows: 5.34.050 CUSTODIAL INTERFERENCE The following statutes of the state of Washington are hereby adopted by reference: A. RCW 9A.40.010 Definitions B. RCW 9A.40.040 Unlawful imprisonment C. RCW 9A.40.070 Custodial interference in the second degree D. RCW 9A.40.080 Custodial interference - Assessment of costs - Defense - Consent defense, restricted Section 32. Harassment. Section 5.34.070 of the Edmonds Municipal Code is hereby amended to read as follows: 5.34.070 HARASSMENT The following state statutes, including all future amendments, are adopted by reference: A. RCW 9A.46.020 Definition -- Penalties B. RCW 9A.46.030 Place where committed C. RCW 9A.46.040 Court -ordered requirements upon person charged with crime-- Violation WSS53620O -18- D. RCW 9A.46.050 Arraignment--No-contact order E. RCW 9A.46.060 Crimes included in harassment F. RCW 9A.46.070 Enforcement of orders restricting contact G. RCW 9A.46.080 Order restricting contact- -Violation H. RCW 9A.46.090 Nonliability of the police officer I. RCW 9A.46.100 "Convicted," time when J. RCW 10.14.020 Definitions K. RCW 10.14.030 Course of conduct, determination of purpose L. RCW 10.14.040 Protection order --petition M. RCW 10.14.050 Administrative for courts- -forms, information N. RCW 10.14.060 Proceeding in forma pauperis 0. RCW 10.14.070 Hearing Q. RCW 10.14.080 Anti -harassment orders ex parte temporary--hearing-- renewal R. RCW 10.14.090 Representation or appearance S. RCW 10.14.100 Service of order T. RCW 10.14.110 Notice to law enforcement agencies --enforceability Section 33. Malicious Mischief. Section 5.36.020 of the Edmonds Municipal Code is hereby amended to read as follows: 5.36.020 MALICIOUS MISCHIEF The following statutes of the state of Washington are adopted by reference: A. RCW 9A.48.090 Malicious mischief in the third degree B. RCW 9A.48.100 Malicious mischief -- definition of physical damage Section 34. Injury or Destruction of Property. Section 5.36.030 of the Edmonds City Code is hereby repealed and recodified. WSS53620O -19- Section 35. Obstructing Public Officers. Section 5.40.010 of the Edmonds Municipal Code is hereby repealed and recodified in Section 5.40.020. Section 36. Obstructing Justice Criminal Assistance Introducing Contraband and Related Offenses. Section 5.40.020 of the Edmonds City Code is hereby amended to read as follows: 5.4❑.020 OBSTRUCTING JUSTICE CRIMINAL ASSISTANCE, INTRODUCING CONTRABAND AND RELATED OFFENSES The following statutes of the state of Washington are adopted by reference: A. RCW 9.69.100 Withholding knowledge of felony involving violence- -Penalty B. RCW 9A.76.010 Definitions C. RCW 9A.76.020(3) Obstructing a public servant D. RCW 9A.76.030 Refusing to summon aid for a peace officer E. RCW 9A.76.040 Resisting arrest F. RCW 9A.76.050 Rendering criminal assistance --Definition of terms G. RCW 9A.76.060 Relative defined H. RCW 9A.76.070(1),(2)(a) Rendering criminal assistance in the first degree I. RCW 9A.76.080 Rendering criminal assistance in the second degree J. RCW 9A.76.090 Rendering criminal assistance in the third degree K. RCW 9A.76.100 Compounding L. RCW 9A.76.130 Escape in the third degree M. RCW 9A.76.160 Introducing contraband in the third degree N. RCW 9A.76.170(1)(2)(d) Bail jumping 0. RCW 9A.84.040 False reporting Q. RCW 9A.72.010 Definition P. RCW 9A.72.040 False swearing M. RCW 9A.72.140 Jury tampering N. RCW 9A.72.150 Tampering with physical evidence WSS53620O -20- Section 37. Privacy, Violating Right of. Section 5.42.030 of the Edmonds Municipal Code is hereby amended to read as follows: 5.42.030 PRIVACY VIOLATING RIGHT OF The following statutes of the state of Washington are adopted by reference: A. RCW 9.73.010 Divulging telegram B. RCW 9.73.020 Opening sealed letter C. RCW 9.73.030 Intercepting, recording or divulging private communication --Consent required --Exceptions D. RCW 9.73.070 ---- Persons and activities excepted E. RCW 9.73.080 Penalty F. RCW 9.73.090 Police and fire personnel exempted from RCW 9.73.030 - 9.73.080--Standards G. RCW 9.73.100 Recordings available to defense counsel Section 38. United States and State Flags, Crimes Relating to. Section 5.46.030 of the Edmonds Municipal Code is hereby repealed in its entirety. Section 39. Unlawful Possession of Library Books. Section 5.46.040 of the Edmonds Municipal Code is hereby amended to read as follows: 5.46.040 UNLAWFUL POSSESSION OF LIBRARY BOOKS A person shall be guilty of unlawful possession of library books if he willfully retains any book, newspaper, magazine, pamphlet, manuscript, recording or other property belonging to or in any public library, reading room or other educational institution for thirty days after notice in writing to return the same, given after the WSS53620O -21- expiration of the time that by the rules of such institution such article or other property may be kept. Any person violating this section of the code shall be guilty of a civil infraction and shall be sentenced to a fine not to exceed $500. Section 40. Reimbursement of Cost. Section 5.50.010(A)(2) of the Edmonds Municipal Code is hereby amended to read as follows: 5.50.010 REIMBURSEMENT OF COSTS A. Generally. 2. Costs shall be limited to expenses specially incurred by the city in prosecuting the defendant, including but not limited to the expenses of providing the defendant with assistance of counsel. All offenders are required to pay for their cost of incarceration at a rate of $50.00 per day if the court determines that the offender, at the time of sentencing, has the means to pay for the cost of incarceration. Payment of all other court ordered financial obligations, however, shall take precedent over the payment of the cost of incarceration ordered by the court. Funds recovered from offenders will go to the city. Costs shall not include expenditures in connection with the maintenance and operation of government agencies that must be made by public irrespective of specific violations of law. Section 41. Penalties. Section 5.50.020 of the Edmonds Municipal Code is hereby amended to read as follows: WSS53620O -22- 5.50.020 PENALTIES Unless otherwise provided in this municipal code, or by state statute or other, adapted by reference, any person convicted of violating any of the provisions of the Edmonds City Code or the Community Development Guide shall be guilty of a gross misdemeanor and shall be punished by a fine not to exceed Five Thousand Dollars ($5,000.00) and/or by imprisonment in jail for a term not to exceed one year. Except as otherwise specifically provided in this code, any person convicted of having committed a gross misdemeanor shall be subject to a fine if not more than $5,000 and/or jail not to exceed 1 year. Any person convicted of a misdemeanor shall be punished by a fine of not more than $1,000 and/or jail not to exceed 90 days, provided further, that where state law otherwise specifically establishes different limits on the imposition of a fine or imprisonment, state law shall control. Each separate day during which any violation occurs or continues shall be deemed to constitute a separate violation thereof and a separate offense thereunder, and upon conviction thereof shall be punished as provided in this section. Notwithstanding any other city ordinance or provision of the city code regarding violations and penalties, the punishment for an attempt to commit a crime under Edmonds City Code 5.15.010 is punishable by the same fine and imprisonment as the underlying attempt in crime. Section 42. Penalty. Section 8.04.002 of the Edmonds Municipal Code entitled PENALTY is hereby created to read as follows: 8.04.002 PENALTY Unless otherwise stated in this title of the city code or state statutes adopted by reference, any violation of this title shall be designated a civil infraction and be WSS53620O -23- punishable by a fine no greater than $1,000 and shall not be jailable. Section 43. Adoption by Reference. Section 8.05.010 of the Edmonds Municipal Code is hereby amended to read as follows: 8.05.010 ADOPTION BY REFERENCE The Washington Model Traffic Ordinance, RCW Chapter 46.90, hereinafter referred to as the MTO is hereby adopted by reference as if set forth in full or hereinafter amended. The penalty provisions of RCW 46.61.515 are specifically adopted by references as set forth in full herein or as hereinafter amended. Section 44. Sections of the Model Traffic Ordinance Not Adopted. Section 8.05.020 of the Edmonds Municipal Code is hereby amended to read as follows: 8.05.020 SECTIONS OF THE MODEL TRAFFIC ORDINANCE NOT ADOPTED The following sections of the Model Traffic Ordinance (MTO) are not adopted by this reference and are expressly deleted: A. RCW 46.90.103 Abandoned vehicles B. RCW 46.90.106 Automobile hulk C. RCW 46.90.275 Establishment of traffic safety commission D. RCW 46.90.335 Owner presumed liable for abandoned vehicle E. RCW 46.90.340 May contract to dispose of abandoned vehicles and hulk vehicles F. RCW 46.90.345 Stolen --abandoned vehicles, reports of G. RCW 46.90.375 Disposition of abandoned junk vehicles H. RCW 46.90.472 Interference with a procession I. RCW 46.90.710 General penalty J. RCW 46.90.720 Citation on an illegally parked vehicle --on windshield WSS536200 -24- K. RCW 46.90.730 If citation is placed on vehicle, FTA requires to send letter L. RCW 46.90.740 Presumption of illegally parked vehicles M. RCW 46.90.940 Severability clause Section 45. Statutes Not Ado ted by Reference. Section 8.05.030 of the Edmonds Municipal Code is hereby amended to read as follows: 8.05.030 STATUTES NOT ADOPTED BY REFERENCE The following sections in the RCW which were adopted by reference in the MTO are not adopted by this reference and are expressly deleted. A. RCW 46.04.431 Definition of a highway B. RCW 46.48.170 State patrol has authority on transportation of hazardous materials C. RCW 46.61.520 Vehicle homicide --penalty D. RCW 46.80.010 Definition wreckers E. RCW 46.80.130 Place of business --used wall, fence, etc. F. RCW 46.98.020 Construe in Pari Materia G. RCW 46.98.030 Headings are not part of the law H. RCW 46.98.040 Invalidity of part not affect the whole I. RCW 60.04.010 through RCW 60.04.220 Section 46. State Traffic Statutes Adopted by Reference. Section 8.05.040 of the Edmonds Municipal Code is hereby amended to read as follows: STATE TRAFFIC STATUTES ADOPTED BY REFERENCE The following state traffic statutes, including all future amendments, are adopted as part of this code as if set forth in full: A. RCW 46.70.140 Handling "hot" vehicles -- unreported motor "switches" --unauthorized use of dealer plates --penalty. WSS53620O -25- B. Chapter 210, Section 4 of the Laws of 1990 - Display or possession of cancelled, revoked or suspended driver's license or identicard. C. RCW 46.30.020 Liability insurance is required --penalty. D. RCW 46.30.040 - Display of identification card or proof of financial responsibility - Penalty for falsification. E. RCW 46.37.430 - Safety glazing materials in motor vehicles --application of tinting or coloring material. F. RCW 46.61.515 DWI penalties. G. RCW 46.61.517 Refusal of blood alcohol tests. Section 47. Permit Required. Section 8.08.010 of the Edmonds Municipal Code is hereby amended to read as follows: 8.08.010 PERMIT REQUIRED Except as provided in Section 8.08.020, it shall be unlawful for any person to parade, demonstrate, or picket within, over or across any public street or right of way without first having obtained a parade permit from the chief of police. Failure to obtain a permit shall constitute a civil infraction and may be punishable up to a $1,000 fine for each violation. Section 48. Penalty. A new Section 8.16.015 of the Edmonds Municipal Code is hereby created to read as follows: 8.16.015 PENALTY Unless otherwise provided in this municipal code, by state statute adopted by reference, or by traffic infraction court rules, any person who violates any provision of this chapter shall be guilty of a traffic infraction, and shall be subject to a fine not to exceed $1,000 for each offense. WSS53620O -26- Section 49. Penalty. A new Section 8.24.030 of the Edmonds Municipal Code is hereby created to read as follows: 8.24.030 PENALTY Unless otherwise provided by state statute, adapted by reference, court rule or by this municipal code, any person violating any provision of this chapter shall be guilty of a traffic infraction and shall be sentenced to a fine not to exceed $1,000 for each offense. Section 50. Penalty. A new Section 8.28.030 of the Edmonds Municipal Code is hereby created to read as follows: 8.28.030 PENALTY Unless otherwise provided by state statute, adapted by reference, or by this municipal code, any person violating any provision of this chapter shall be guilty of a traffic infraction and shall be sentenced to a fine not to exceed $1,000 for each offense. Section 51. Penalty. A new Section 8.32.080 of the Edmonds Municipal -Code is hereby created to read as follows: 8.32.080 PENALTY Unless otherwise provided by state statute, adapted by reference, or by this municipal code, any person violating any provision of this chapter shall be deemed to have committed a traffic infraction and subject to a fine not to exceed $1,000 for each offense. Section 52. Penalties. Section 8.60.010 of the Edmonds Municipal Code is hereby amended to read as follows: 8.60.010 PENALTIES Any person who has been found to have committed a traffic infraction as defined by this code or any state statute adopted by WSS53620O -27- reference herein shall pay a monetary fine only not to exceed $1,000 for each violation. Unless otherwise provided in this municipal code, or by state statute adopted by reference, any person violating a criminal provision of this title shall be guilty of a misdemeanor with a maximum sentence of $1,000 fine and/or 90 days in jail. Section 53. When Warrant to Be Issued. Section 8.60.090 of the Edmonds Municipal Code is hereby amended to read as follows: 8.60.090 WHEN WARRANT TO BE ISSUED A. Residents. The court shall issue a warrant for the arrest of any defendant who is a resident of this state and who fails to appear before the court either in person or by counsel in answer to a criminal traffic complaint and citation which could result in a sentence including jail as a penalty. If the warrant is not executed within thirty (30) days after issue, the court may make an entry of the notification of the docket and may add a charge against the defendant for failure to appear after a written promise to do so and marked the case closed, subject to being reopened when the appearance of the defendant is therefore after obtained. B. Nonresidents. If a nonresident defendant fails to appear before the court either in person or by counsel in answer to a criminal traffic complaint and citation, which could result in a sentence including jail, then the court shall mail a notice to the defendant at the address stated in the complaint and citation requesting him to appear in person or by counsel on a day certain, and notifying him that his failure to appear after written promise to do so is a misdemeanor for which he may also be charged. If the nonresident defendant fails to respond within thirty (30) days after the date set in the notice, the court shall issue WSS53620O -28- a warrant for his arrest and shall make an entry of the notification on the docket and may add a charge against the defendant for failing to appear after a written promise to do so, and mark the case closed, subject to being reopened when the appearance of the defendant is thereafter obtained. Section 54. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of the ordinance or a summary thereof consisting of the title. APPROVED: ATTEST/AUTHENTICATED: D. J. MARCH APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY /s/ W. SCOTT SNYDER FILED WITH THE CITY CLERK: September 27, 1991 PASSED BY THE CITY COUNCIL: October 1, 1991 PUBLISHED: October 9, 1991 EFFECTIVE DATE: October 14, 1991 ORDINANCE NO. 2853 WSS536200 -29- Ir 9, 1991 The Herald ,s 1710. legal Notices NANC17 N0, IaI8.91 L'11y of = (Olt WaSfrinauphorir- n amended anti reslulgd ground fevsc in with the oCqul9{Sion, by means pf o if Fire Sklllm No..I' appravl n Total lease MvmnmT of S1,SOnd, 00 far 4,e ►Inarlclnp; outllochlnq OPPravol by farm$ and conditions arld ahf7rovind fa umenrelining to %uch ILC15V fine(1t- idlnR: and rotijyinq Certgte, or:tforls.' varett ["City"] is oufharlred byy Ctiopfei II properly on terms and condBID" !ha ftrucf O tiulldirlq thereon and folnowbtt to tht, CIIV h,a bufldinp so conSfrucld, -2, 1990, the City advertlacd for bids for e %lefian 11rhnraven,onts") on cortgfn alease -100SB beCownk�ll arl¢omoni; serge rn NO. 3399 of fha Citv Corincil, ud(;pfod 3 7:..ify pCCop}Da the bid Of LumpKln Inc, he repo ,real the Cliv, butta fin° eo}lo tcthn (itile back10 ffpaI pua(WHto fered Into i)v )he City and Conh•aclor an h•urtion Corlhaci") antl the ConSlrucflon COntrpcf the City and 12, 19M cxetufed p drollnd Loose the COntradlor ['Ground Leaso"I ono axiertited o Lease DI fha+ Improveml,Ipq% whfefl t.eose provfile5 thin the City as for' rent thereunder ilnlelsS arxf u1r111 the 3nifdfly completed an[f % 199t, The Cily (55uad a ehrtiflt:ata of 1The CnnviradlensCDonha t, ,,, Clh, hd, labors under the Coin%rructfon Contrast Jnp fron5aciioh that 111ciudB9 the ps9lan• ! and LPCrse TD a trustee antl jilt, exec.• cotes or pnrlltlp0tlon In pavmam9 lindor I tr'lj%f aqf eF,rr10i1T to be eninrfrd Into sd 111C ftra5fe% and fled fir, Lin arCompefjtivC bidCContFprnCp6s ekino bidsh uvel oMs, heGraui ndLoose bnci mar 1 With Filch lac ne fincincin01 6hp end Isomfprrl• I he La seand dond G 01-10 l.,Cpsai, and tlhat 011V Other odions and documents In EverettCltv of S hereby found dd d declored that, til° d benefit P-0olre The CIIV to oC4tlre the feel to ad Olnplfah fulurME tqu 511forreeds, of the ral file r filliorWrO Dion prevjQusI%- epgrovad by avIked :by all! Amended and Resipred Id ria5fpleiS Ground Lease antl Mils n per' Amended Cl d FresitTMd run }�yy p�u•1 r ie an C 7a "Wteo arnhnd [er7aa In c, lta.�fn hlnu,. +r1p 710. Legal Notices 1710. Legal Notices P"Mitint to The Ravlsod Cede of GV(7s11IItr7nW, 10: Mohammad 5, rhofovaf ofor6 t.2d i e I%enon F gtavot LVtTII ood, waah. 00036, Lynnwood, W Sh. 98Q36 NOTICE IS HEREBY GIVEN HIM the ulifierslgned lruyl(te will or the Hill day of NaVembDr 1901 at the hour M 9:3Q a,m, at snobdm Isis County CovrCflllaulie, IM1fatmorc Street Cali on" 3000 Rocke(7feller ry(ict 06 to the highesttV nd°Desf bidder, pn nhienat the IlnniKTI e I Spir� the loll°wlnp described real proporly, siluafnd ir, the rounty O� snotiomish, Stale of Washlowon, to-wll: Lai 3, Larch Park acrordinpo to the plat lhEseof recorded in volume 49 of Pigs, poeat 97, rdeardb of sT}ohomkh Club iy, Wdshlnpion, icomnioniv known as 2023 2891h Pf, 5•W. Lynnwnvrj, wash, 98036) win If, is 51117100 to Met Cerloln Deed Of Trtim dated February 6, 1990, recaracrl In vonuMerrorf 2309 of mbrYppdppes pndelfrpnia 1238.9, under Audlter'sMecordep''s No. 900214[I60f, records of Snohomish Cau11Ty, Wasllirratarl, fram r�6ehomrrlod S. Foiovot end Trusfgenfo securr° an a illclulIan In favor c d Ba; lfwialvMorlopop ra nl Wa,1;trQ7On 01 bellefic prv. No action conlrnar}terd by the, gorioliclar •,p of inp'Goeed Of Tr ust or the ohPicictlop ll1 anvcCnurl hyn �o9anna13 t Grvon llM.ii�.jllalt on I ohllpp}1D1, sr(curad by life peed of Tru51 The default(s) for which thl Ill. follows; faYEC105Ure is made Is are a5 ure to Uent real Failure to goy Whlen ue the follllowing atnbl nls which are now in arreors: n nt : 1 nlanirly T7n mnnTs al $1.267,81 each [Afrrll fhrnugh IUVy, 1947y; pill% u parlln1 navmdnt fol Moroi, i99f in The arl,ounl 0s S380.41, SS,a51.58 l 71 1 r, •cltnrpes of 563.3v for each mordiniv npV nlpnt n(ii lnpde wifhh, 10 day., of ifs due dodo 3 12¢.78 TOTAL MONT1iLY PAYMeNT'5 S LATE CHARGE$: IV 55,678.36 The sin In nwr no on Iho Oaf Totion srrCurpfl by Tie.' {Teed of :cast is ST 12,684,59 as ui Ji119 ?0,.)90 11hly surn Include, prirKlppl, aterLien Were 91, olhor c•Ilaroe9 and 'oil rh rgirino as or 0001Icahle Oriel ()Ill.. Of D011ie, Instru.... ffif T5CCll�l1°erd frromr the 6fhR day of°hAiv, 1991� o nrpilovment 0DnubV if pppllapbler, antl such ofhOr COsl. find telly o,, orf•. due under Ilre note or Olken IMIFIrment 9etured, and a9 fire Drovldo(, by slatute. The al]pVe (IRSCrlllad real propOrty will op sold to sell%fy11}p exoons8s Of sale and the ob110pttpn secul•ed by ME heed of Trust ON pr0vidop by Stafulp, T1ie•, *Die will be model WIthol7l Wprrgnfv, express or iminle(f tCgardinp Title possesSlan, ar ce,cumhranedA Of' the Bill day at �fDvnlrther, 199f. 'r dOl)n' of referred to in corillPoroAnil Ifi fagel)}et o of Iany Payments tied tot,. cnclr'4es tpnnlnp dun: Titter Ihn node o} III any Notice and all aeri+oltees, Costs r.n.+ r..o. rvrrnA by it, e )ifh. ,au ed rlCintinr 19.P1, 1I I days the Rplo. The on or before ;ale date) the 1nV payments Vofice and all 05ts are paid. 28th (fay of fore the Sole, of the Raider no the. etfirn 5 1, plUs cg5T5, farms of file aefoulis, 3eneflciat v or interest at the 8036 3036 of jurtn, IV91• d fhd Q OFTIQp •crVndun Il1r 3hruull fir Itre 7 Fosleo lido -tin below will inf of el Costs and all those e1r Interest in any grounds rd as to those e pursuant to IV fe5dlt In a U6t0f-, sale. 710. Legal Notices Lamml'nts must to r9eedaWl within 15 claw lrom fr 'Chown Or'fi}n rtaturtred Copy The Notice of P6stlnq, or with fues>�°lurA"0",Whichever pt- anneal roust be, oC[OmpOrll" t: (r 111010 fee of am hundrf dollars fi100] 3,dQ:0Ylfp]gCCC. and must pt flied within 15 dpya of the end, tine eommont. par lod. The Astltlnre °f flikh OI40Pmfn( lion Ot Nan-Sipniflcance shout not be IrSterprofed rn ac CDpio11C ar OpyrOVal of the subjoi oropospl as oresonted. Sn011an doI1lV 13I6 derwosot othre000roy iEnlll Dail. dal Yml11100 iq heel, The host Intornsi5 Df the Could- 0e1d.'or nice 55p,,y'to Oil, gonerc houifh. ;nfelv.pnn wolfDre of }hi virhllc fo dp so. RESPObJ51BLF: OFFICIAL: Crum 1.061sor r'O5IT.IOf41TITLE: Director C ommungyy Development DIV16lhr1, 4}tl FIOA1 C6urNy Aornir inn nliop EV.Qr6fl,'WaSlr. V87pn Lfalo:5iQ;7taml7Cr 23 1991 CRAIrr LADISFk For IUrIT10l InfOrrnullon contact �an0evirloptrlesn Divlsiil, 38R-339p Publlihil October, 9, 1491 MVrTATION Tr,) 6II7 for TIgE CCIMSTR11CTIQN 61 MIULWOOD r=LEMFNTARY 50100L. AND CEDAR WAY 4513r. T05 48ATEINi'-NT radnleind% Shoal Dlsiritl r@o, 15 will rpcglv4 Sealed air ;Ol5 for file eVASlrurilon of fIMI -Dad F-lamiriltar y School, addressed to Gerald r: PFS} is Na. iser of lNI" I-.durbilDnrl SCrwcos Cenrel. 70410 68th AvCnue.yyehl LVI1nwc}Od, Wash. 08036, smfll 2;b0� Mr, Ortabef 24, 1y91, IIIiY Wfll 17e p31bIICly 'linnfled and repel In the "BdplI�'p� Reom" W the Erlrr,apds 4Z%0 1 07M0 MLIA, rducailrhnw 5VI'VIC45 UMUF any prdpora15 I of.Ofwed After the bile and [Tate $1MC[(letd welt nqt be rpnslaered. The SuVitt proIact IS deYCrlbeni jn the CarI tract t�pt. Tlenl% and geni!ra11y cDnrif Sly pC ASbesfoS AnMrynlRnt art r,faiel- odrL�f3a55eee leod u 300 M41hlrf Snlithwest, LynllWdpd, WrrSnllrmlon-, and Asbo Stas Alta tOrnt, nl at Cedar way Elomenr( yy scil". lucmad at 5.10.9 211 11: Sireer Syy, Muunllpkr. TnrroCe, Warhinb• � ofiTt,00 off inner"\ mpg he ++xamllle gQyllinillo an or About O(fof}11r 9, t991 at f1n4 COpihn Prnjel* of}Ito. Erjuc llolsal use, Mons Center, 10410 68111 0403n.l;•rf}ryy56�V� 146Gorr,of tiia fallnwln0 Plan l;enifrLs Ag1pCI[r1rYr (�.CtnRl'CII C Doh of, 1 or y IM NeIMONe A„c. inr 591,e10. wgslr oAloi A*,_,oC1hf(Lrt Ge+lrrpl. Can I i I IV. Tot s 9820 Sninji (,hit. TOCOM,. Wrath. 9Q,109 Cent, al C onfr.cfork A!, OLWuhdis 4520 S. Orvm Sirde Seettf@, Wa;h, MOB 46 W Iiur !son milro Se ulte, W(f5h- 9BT19 Cgnl,lructluh OOTOl New', 1245 Ml Ave. S. 5collle, W"h. 9813,t tr10 5 Cenfr ijilter 18aI Ave. Keni, Wp5h.9AO37 COSrN& Plan Cenler 130.10 NorthUD Way (Iulldinq Cot Suitrx,w...... uy—il 011rlhd 710. legal Notices 'ft CD,hpany f) riuR, the salvage 'e nr mplOrinlS S1PO, as doors, Tf c°bltla is, and brl ck Sr 5, ;'he 015trlct halt Q@lormin6a I. that .here Cornnlenl3 do not n ehnnwp the Ocit minelflOn of Y• NanslpnifVtancc. NaTld.e Is cl SS{{iye 1 lbot The Olympic View r Wafer and Sewer D15trlcl has e t atvhned the DNS, If 6. The tewon5lhie ollicivi for this Prolect IS: Larry Bl adbury Mapper, Qlyniolc View Waite, and Sawa, OIstrftt, 23Y35 Edmond, WaV 0020 7. This null C'14?41 vF.n of }!@Half 0 of. the ❑fondp C: Vlow Walf:r r and Solver [HSITICT. P.bh5had: October a, 1991 A4VERTlSEMiN11 POR BIDS f FOR CiT4' or STANWO OLI, BRYAN'r WELL SITE F�OI.INbATII6N REOUMEMENTS NOTICE IS HFRFOY GIVEN that sdoloo 0105 will tie reralved by 'tie CIA, Clerk: Treasuror far the City tlr' STANWOOD, 1Q220 77otil Sheet N.W. Stdnw000 'MiShinoton tintlt 2:6 a.m. laCd[ tulle, Mondd y., Oclaher 21, 1991 for W`Plislring file work described in file !Contract doCurlenf; for Tint! C.Ify 01 SinnwOod Bryant Well Site, 51opo, L)irlhty rand Foundation I mprovement pf•olecl Prdpo5ar% wIII then and Illere or. aooned aril pubticly road aloud. Contrp6t 00tul"00 S, Plans anal P0011CU110119, r}5py bF e%dnlined M the followina laCnilon5 aespfl1. n Ing T hur-.day, L?cider 10, 199II COY of Stanwood 10710 Mith.51raat N.W. SIDAWbod WcI0 9022t rnnrr�rn. No!"west P7dn Cenler FirsT sheer roan, Wmi, 98273 1 Catlnly News L6117 WAIMOfe Avenue Evefatf, Wo9h. 98201.2926 DESCRIPTION OF WORK The work 10 tie pdrfolmel,, sIt nrepWtlln?his 1pDbor Osal mdle�rlwof cli.s and epulpnSDm Of 1}In mePlaConf of cloproxlniorely 300 tUhlc yard, Oro vet afle SS tons Of rf, Cop, on In COn5trelctfbrl of aoproxi• nlatclY 38 cubit yards at cohian. UP lineal reef Df -.form Sower • a rid reinforcement al pp axistind puerinhabse (gundfillbn usln8 needle Ailey Sefb Ot bid daCOrneoti, Cenlrnet dot a[mQnlS, plans antl 5-peClticO- llnp5 niov lie prlrchayp(I (1'Om Linn ird, fluu(linal 4 sknd{e, Inc. Whotle 206•336-575.1) !loon nayrnllrnl.by Clletk, Of $§0,00 for Coll, got rl!glle)5ted. Colic", of rho Wahl ciion pStale Depnrl• sin 1doYtl SpQClfl[pRd 1s line R OCpa Mrl t L ould Mrfniclppn) Consf uctlan orb also ovallnhlo Irt a cn%t Of 112.11f) Par. ropy. PavmU1li for plain %hull tie. 'llrniu to the CIIY of sta""D and will nit be. feiunfird, n Of ri.bld 1,lrollnIl will hP Held tin wnnae5anir, Odlchar 16 I041 ul. 2!00 .p.m. of the folly of trrlowngnd Coo Connell rh(, CiIV of STmswapd Is an 1, g11n1 0600 rntry Flnplay of 7I11! Csty or Slrinwood reserves the luhr to rOM0 any and/Or all bin): and 10 wOIVL' anv Informal! - Iles In blddinp F..acn 0101705.01 -11011 Inc sifbmltfed anly on file W iloospf form" lncluo(!d will) the conhnct doctifnenla. Biddaf-i. actcot all risk► of Iwo delivery, reuardiess of fouft. 80D DON91•lu Wubi14'ertOt Of PlIbilt Works lslfod:Octanof 4;. 16, 1991 NO. 91 4 00945 2 NOTICE; TO CRC171TORs sidwr Ion cot aT woshingtan f.,_ ram.. rur.,....,,.. RECEIVEn OCT 2 3 1991 Affidavit of Publication Ffim)nn� Crtv (.Iorl, STATE OF WASHINGTON, ss COUNTY OF SNOHOMISH, The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice......... Ordinance No. 2853 a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: October 9, 1991 and that said newspaper was regularly distributed to its subscribers during all of said period. � �. .. .l...P (.6�) . ........ Principal`Clerk lOtn Subscribed and sworn to before me this ...................... Octobe 91 day of ................. ................. ...�_.._.., 19-------- -... Not y ublic i an fort State of Washingl re g at Eve ett, Snohomish County. B-2-1