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Edmonds City Code Supplement 29SUPPLEMENT DIRECTIONS Updated by: EDMONDS CITY CODE Dated: Supplement No. 29 — May 2003 New, reprinted pages included with this supplement are listed by title and page number in the right-hand column below. The left-hand column lists obsolete material that should be removed from the code. Follow the instruction columns in sequence: remove and replace pages as necessary. When completed, insert these directions in a convenient place near the front of the code book. For future reference, the person making these changes may also date and initial this page. This supplement includes ordinances from Ordinance 3439 through 3452, passed April 22, 2003. Remove these pages Insert these pages Table of Contents 1-4 ................................................................ 1-4 Table of Revised Pages 1-3 ................................................................ 1-3 Title 2 Title 3 Title 4 Title 5 Title 7 1............................................................................ 1 24.1-24.4 ............................................ 24.1 — 24.4 17-18.217-18.2 41-42.2 .................................................. 41-42.2 19-20 ........................................................ 19-20 25-26 ..................................................... 25-26.2 36.5-36.6 ............................................ 36.5-36.6 54.1-54.4 ............................................ 54.1-54.4 63-64 ........................................................ 63-64 1............................................................................ 1 7-20.4 ...................................................... 7-20.4 35-36 ..................................................... 35-36.2 15-18.2 .................................................. 15-18.2 Ordinance Table 33........................................................................ 33 (Revised 5/03) Remove these pages Index (Revised 5/03) Insert these pages 1-4 ................................................................ 1-4 8.1-8.2 .................................................... 8.1-8.2 13-14 ........................................................ 13-14 Please call Code Publishing Company (206-527-6831) should questions arise while removing and replacing supplement pages. TABLE OF CONTENTS Preface Table of Revised Pages Title 1 General Provisions 1.01 Code Adoption........................................................................................ 3 1.02 City Classification................................................................................... 5 1.03 Posting and Publication of Ordinances and Notices ............................... 7 1.04 Council Meetings.................................................................................... 8 1.05 Public Meetings Attendance................................................................... 9 1.08 Initiative and Referendum.................................................................... 11 1.14 Public Official Disclosure - Prohibited Interest ................................... 11 1.20 Copies, Certifications and Transcriptions of City Records .................. 14 Title 2 City Officials and Personnel 2.01 Mayor...................................................................................................... 3 2.05 City Attorney.......................................................................................... 4 2.06 Indemnification of Employees and Officers ............................................ 5 2.10 Confirmation and Duties of City Officers .............................................. 8 2.15 Municipal Court ....................................................... ................I........... 9 2.20 Salary Payments.................................................................................... 15 2.25 Payment of Claims, Demands and Vouchers ........................................ 16 2.30 Municipal Employees Benefit Plan ...................................................... 19 2.35 Vacation and Sick Leave...................................................................... 19 2.36 Military Leave.................................................................................... 24.2 2.37 Miscellaneous Leave and Break Provisions ...................................... 24.4 2.40 Bonds for Officers................................................................................ 25 2.50 Firemen's Relief and Pension System .................................................. 25 2.60 Reserve Fire Fighters' Relief and Pension Act ..................................... 26 2.70 Retirement System................................................................................ 27 2.80 Repealed................................................................................................ 28 2.90 Jail Facilities......................................................................................... 29 2.95 Police Corps Program........................................................................... 29 Title 3 Revenue and Finance 3.01 Sale of City Property .................................................... 3.02 Lost and Unclaimed Property ...................................... 3.04 Advance Travel Expense Revolving Fund .................. 3.05 Equipment Rental Fund ............................................... 3.07 Criminal Investigation Contingency Fund ................... 3.08 Drug Enforcement Fund .............................................. 3.09 Cumulative Reserve Fund for Fire Apparatus ............. 3.10 Medical Self -Insurance Fund ....................................... ............. I .......... .. 3 .......................... 4 .......................... 6 .......................... 7 ...I .................... 9 .................... 10 ........................ 10 10.1 Contents -1 (Revised 5/03) 3.11 Local Improvement Guarantee Fund .................................................... 11 3.13 Municipal Arts Fund............................................................................. 12 3.14 Enterprise Fund.................................................................................. 14.1 3.15 Fire Donation Fund............................................................................ 14.2 3.20 Business License and Occupation Tax ................................................. 15 3.22 Interfund Loan Program........................................................................ 22 3.24 Taxation and Regulation of Gambling .................................................. 23 3.26 Motor Vehicle Excise Tax.................................................................... 27 3.28 Sales and Use Tax................................................................................. 29 3.29 Excise Tax on Real Estate Sales........................................................... 31 3.30 Leasehold Tax....................................................................................... 33 3.32 Open Space Taxation............................................................................ 34 3.34 Lodging Tax.......................................................................................... 35 3.40 Local Improvement Code.................................................................. 36.1 3.50 Miscellaneous Charges......................................................................... 42 3.60 Regulations of Basic Service Rates of the Cable Franchise ................. 43 Title 4 Licenses 4.04 Repealed........................................................ .......................................... 3 4.08 Repealed.................................................................................................. 3 4.10 Repealed.................................................................................................. 4 4.11 Motor Vehicle Wreckers......................................................................... 4 4.12 Peddlers, Solicitors and Street Vendors .................................................. 6 4.20 Liquor License - Investigations............................................................ 12 4.22 Malt Liquor by the Keg........................................................................ 13 4.24 Game Licenses...................................................................................... 14 4.32 Public Amusements.............................................................................. 18 4.38 Repealed................................................................................................ 20 4.40 Public Dances....................................................................................... 21 4.44 Teen Dance Halls.................................................................................. 22 4.48 Cabaret Dances..................................................................................... 25 4.50 Licensing of Public Massage Parlors and Public Bathhouses .............. 28 4.52 Regulations for Adult Entertainment Facilities ...................................... 36 4.56 Sound Trucks................................................................................... 36.14 4.60 Taxicabs................................................................................................ 37 4.64 Repealed................................................................................................ 41 4.68 Community Antenna Television Systems ............................................. 43 4.72 Business License................................................................................ 54.2 4.74 Community Impact Statements.......................................................... 54.5 4.75 Pawnbrokers.......................................................................................... 57 4.80 Aircraft Landing Permits...................................................................... 63 4.85 Horse Taxis........................................................................................... 65 4.90 Community Oriented Open Air Markets .............................................. 68 (Revised 5/03) Contents -2 Title 5 Public Safety and Morals 5.01 Preliminary Article................................................................................. 3 5.02 Advertising, Crimes Relating To............................................................ 5 5.04 Alcoholic Beverages............................................................................... 6 5.05 Animal Control....................................................................................... 7 5.08 Anticipatory Offenses........................................................................ 20.3 5.10 Boating Code..................................................................................... 20.3 5.12 Children and Minors, Crimes Relating To ............................................. 23 5.14 Controlled Substances, Paraphernalia, Poisons, and Toxic Fumes ...... 24 5.15 Regulation of Sale of Tobacco Products ................................................ 25 5.20 False Alarms......................................................................................... 27 5.21 Misuse of the 911 or Emergency Call System ................................... 28.1 5.22 Fire, Crimes Relating To...................................................................... 29 5.24 Firearms and Dangerous Weapons....................................................... 30 5.26 Repealed................................................................................................ 34 5.27 Fireworks.............................................................................................. 34 5.28 Frauds, Swindles and False Representations ........................................ 37 5.30 Noise Abatement and Control............................................................... 38 5.32 Park Regulations................................................................................... 44 5.34 Persons, Crimes Relating To................................................................ 50 5.36 Property, Crimes Relating To............................................................... 52 5.38 Offenses Against the Public Morals ..................................................... 53 5.40 Public Officers, Crimes Relating To ..................................................... 56 5.42 Public Peace, Crimes Relating To ........................................................ 58 5.46 Miscellaneous Crimes........................................................................... 59 5.48 Violations Bureau - Bail Regulations ............................................... 60.1 5.50 Penalties and Court Costs..................................................................... 62 5.55 Emergency Response Cost Recovery ................................................... 64 Title 6 Health and Sanitation 6.10 Health Officer - Duties........................................................................... 3 6.20 Nuisances................................................................................................ 4 6.30 Noxious Weeds....................................................................................... 6 6.40 Litter Control.......................................................................................... 7 6.50 Repealed................................................................................................ 14 6.60 Disaster Preparation and Coordination ................................................. 14 6.65 Edmonds Fire Department - Provision of Emergency Services ........... 19 Title 7 Utility Charges and Regulations 7.10 Water Service.......................................................................................... 3 7.20 Backflow Prevention............................................................................... 8 7.30 Water Rates and Sewer Charges........................................................... 10 7.40 Fire Protection Water Service............................................................... 14 7.50 Stormwater Management Utility.......................................................... 16 Contents -3 (Revised 5/03) 7.60 Combined Utility.................................................................................. 18 7.70 Solid Waste Management ................................................................... 18.1 Speed Regulations................................................................................... 7.80 Solid Waste Recycling.......................................................................... 19 7.90 Wastewater Pretreatment - General Provisions .................................... 23 7.91 Wastewater Pretreatment - General Requirements .............................. 31 7.92 Wastewater Pretreatment - Wastewater Discharge Permit Downtown Edmonds Rideshare Program ............................................... 17 Requirements....................................................... __............................. 41 7.93 Wastewater Pretreatment - Reporting Requirements ........................... 43 7.94 Wastewater Pretreatment - Sampling and Analytical Requirements ... 44 7.95 Wastewater Pretreatment - Compliance Monitoring ............................ 45 7.96 Wastewater Pretreatment - Confidential Information .......................... 47 7.97 Wastewater Pretreatment - Administrative Enforcement Remedies .... 47 7.98 Wastewater Pretreatment - Judicial Enforcement Remedies ............... 51 7.99 Wastewater Pretreatment - Supplemental Enforcement Action ........... 52 7.100 Wastewater Pretreatment - Affirmative Defenses to Discharge Violations.............................................................................................. 53 7.101 Reserved................................................................................................ 55 7.102 Wastewater Pretreatment - Miscellaneous Provisions ......................... 56 Title 8 Traffic 8.04 Definitions and Title............................................................................... 3 8.06 Offenses and Penalties............................................................................ 4 8.08 Parade Permits........................................................................................ 5 8.16 Speed Regulations................................................................................... 7 8.24 One -Way Street Traffic Control Devices ............................................... 9 8.28 Special Stops......................................................................................... 10 8.32 Miscellaneous Driving and Traffic Rules ............................................. 10 8.48 Parking.................................................................................................. 12 8.49 Downtown Edmonds Rideshare Program ............................................... 17 8.50 Abandoned and Junked Motor Vehicles ............................................ 18.2 8.51 Edmonds Employee Permit Parking Program ..................................... 22.1 8.52 Residential Parking Zone Regulations .................................................. 23 8.56 Regulating Traffic on Certain Highways .............................................. 26 8.60 Enforcement.......................................................................................... 27 8.64 Schedules of Designated Streets........................................................... 28 Title 9 Streets and Sidewalks 9.05 Datum Line............................................................................................. 3 9.20 Sidewalk Construction............................................................................ 3 9.25 Street Obstruction .......... ................................ ..._........... ........................ 9 Title 10 Boards and Commissions 10.01 Council Confirmation.........................................................................1... 3 10.05 Architectural Design Board.................................................................... 3 10.15 Repealed..... - . ... ................................................................. ................. _ 5 (Revised 5/03) Contents -4 Edmonds City Code TABLE OF REVISED PAGES Table of Revised Pages The following table is included in this code as a guide for determining whether the code volume properly reflects the latest printing of each page. This table will be updated with the printing of each supplement. Through usage and supplementation, pages in looseleaf publications can be inserted and removed in error when pages are replaced on a page -for -page substitution basis. The "Page" column lists all page numbers in sequence. The "Revised Date" column reflects the latest revision date (e.g., "(Revised 1/96)") and printing of pages in the up-to-date volume. A "-" indicates that the page has not been revised since the 1995 republication. This table reflects all changes to the code through Ordinance 3452, passed April 22, 2003. Page Revised Date Preface............................................................. Table of Contents 1,2 .................... ,.----................................----•-........ 5/03 3, 4......................................................................... 5/03 5 ................................................................ ............. 8/02 Title 1 1 .................................................................. 3,4 .................................................................. - 5, 6..................................................................... 2/02 6.1, 6.2_.................................................................. 2/02 7,8 .--•....................................................................... 9., 10 ................ ............................. I ..... -• ................... 11,12 ..................................................................... 13,14 ..... - ............... .... ... .......................... 15 ............................................. ............................ Title 2 1 ...... ............................ :..:..:......... ........................... 5/03 3,4 ....................................................................... 11/98 5,6 ........... .•.............................................................. 11,12 ........................................................................ 7,8 .......... ................. ............................................. 2/00 9, 10/12 ....... ...................................... ..................... 2/00 13,14 ........................ ......................................... 2/02 14.1, 14.2 ......... :..:.................................... .............. 2/02 15,16 ......................................... I.................... ......... - 17, 18...................--------....:................:.................... 8/98 19,20 ..........................................................•--.-•-.... 8/02 21,22 ................................................I............... 8/02 23,24 .................................................................. 8/02 24.1, 24.2.......---•..................................................... 5/03 24.3, 24.4 ................ .............................................. 5/03 25,26 ........................... _............................ .......... .... 6/99 27,28 ....................................................:... .......... 5/00 29, 30_.........................................•........................ 5/00 Title 3 1 ..............................•--•........................................... 2/03 3,4 ............................................................................ - 5, 6......................................................................... 6/99 7,8 .........................................:................I............ 11/99 Page Revised Date 9,10 ........................................... ............. I............ 11/00 10.1, 10.2 ........ ....................................... ............. 10/97 11,12 ........................................................................ - 13,14 .......................................................................... 10.1, 10.2............................................................. 14.1, 14.2......................,...,..:.......,.,............---...... 11/00 15,16 .................................................. :..:..:............ 2/03 17,18 ..................................................................... 5/03 18.1, 18.2...__.._ ................................................. 5/03 19,20 ........................................................................ 21,22 ....................................................................1 2/03 23,24 ................................................................... 11/00 24.1, 24.2..................................._........................ 11/00 25,26 ................................................................•--..--- - 27,28 ................................................................... 11/00 29,30 ................................................ :....... :............... - 31,32 ...............•------............................................. 10/97 33,34 ....................................................................... - 35, 36 ................................... --........................... 2/98 36.1, 36.2.............................,..........._..................... 2/98 37,38 ........................................................................ - 39, 40 ...................................................... I ................ . - 41,42 ..................................................................... 5/03 42.1, 42.2............................................................... 5/03 43,44 ........................................................................ 45,46 ............... ............... .............................. Title 4 1 ................ .....:::::............................. :.......... :.......... 2/03 3,4 ............................................................................ - 5, 6 ......................... ........... .......... I............................ - 7, 8......................................................................... 8/96 9,10 ..................................................................... 11/99 10.1, 10.2............................................................. 11/99 11,12 ............................. I ....................... ........... ..... 13,14 ................................................... ......... .... ....... - 15, 16.............................:.....................................----. - 17,18 ....................................................................... 19,20 ..................................................................... 5/03 21,22 .............................................................................. 23,24 ........................................................................ - 25, 26..................................................................... 5/03 26.1, 26.2 ............ . ...................... . i ....................... 5/03 Revisions -1 (Revised 5/03) Table of Revised Pages Page Revised Date 27,28 .................... .................................................. ....... - 29, 30 ............................................•--.................---- 5,6 .................................... ....................................... 31, 32......------•..................................................... 7. 8........................................................................ 33,34 ....................................................... 9,10 .... .:....... :....................................................... . 35,36 ................... ., ................. ........ 8/96 36.1,3 6.2 .......................................:....:................ 8/96 36.3, 36.4 ............... ........ :...................................... 8/96 36.5, 36.6............................................................:.. 5/03 36.7, 36.8.............................................................. 8/96 36.9, 36.10............................................................. 8/96 36.11, 36.12.......................................................... 8/96 36.13, 36.14.............................................................. 8/96 37,38 ........... ........ "............ .......................... ........ ---- 23, 24 ........................................................._.......... 39, 40 ...... ............. ........ ....... ....,................ a............... 25,26 ........................................................-----............ 41,42 ............................................................:....... 2/03 43,44 .................................................................... 8/96 45,46 .......... .......................................................... 8/96 47,48 .....----•..................................•--...................... 8/96 49,50 .................................................................... 8/96 51,52 .................................................................... 8/96 53,54 .............................................................. 8/96 54.1, 54.2 ............ ....... :....::.........:.:::......................... 5/03 54.3, 54.4 . ........ ......:........................................... - 5/03 54.5, 54.6..................::.......................................... 2/00 55,56 ...................................•----------.......................... ---- 57, 58 ................................................ ................. 59,60 .............................................I..,..................61,62 ................ ............. .......... - 63,64 ........ ............................................................ 5/03 65,66 ........................ :............................................... - 67, 68........................................................................ - 69, 70......................................................................... - 71, 72........................................................................ - Title 5 I.............. ..................... ..... ........................... 5/03 3,4 .................................................................... 8/99 5,6 .................................... ....................................... - 7. 8........................................................................ 5/03 9,10 .... .:....... :....................................................... . 5/03 11,12 .............................................•---.............. 5/03 13,14 .................................................................... 5/03 15, 16 ....................... .................................... I........ 5/03 17, 18.................................................................... 5/03 19,20 ................................. ::............... .................. 5/03 20.1, 20.2...........................................:...............:... 5/03 20.3, 20.4.............................................................. 5/03 21,22 ........................................................................ - 23, 24 ........................................................._.......... 59,60 ..................................................................... 25,26 ........................................................-----............ 60.1, 60.2............................................................... 27,28 ............................................... ......................... - 28.1, 28.2 ........................................... A--............. 6/99 29,30 ............................ •....... ................................ ..... 8/02 31,32 ........ .............................. ........................ .... I....... - 33, 34........:...::.....:................................................ 2/03 Page Revised Date 35, 36..................................................................... 5/03 36.1, 36.2.............................................................. 5/03 37,38 .................................. ---.----.........................: 5/02 39,40 ................................. ........ ....................... 8/01 41: 42........................................................................ 8/02 43,44 ........................................................................ - 45, 46........................................................................ - 47, 48 .............................................. ...--................... 2100 49,50 ..................................................................... 2100 50.1, 50.2.---•..............:........................................:.. 2100 51,52 ........... ...:.................... .................................. 7/97 53,54 ...........:......................................................... 8/96 55,56 ...............:...................................................... 8/96 57,58 ..................................................................... 7/97 59,60 ..................................................................... 5198 60.1, 60.2............................................................... 5198 61,62 .......................................... ......................... 31,32 ................................................................... 63,64 ... -....................................................................... 5/00 Title 6 1............................................................................. 8/02 3,4 ............................................................................ 5, 6............................................................................ - 5,6 ................................................................. ........ - 7,8 ...................................................... 8/01 9,10 ...................................................................._..... 8/02 11,12 .............................................................:..::... 8/01 13, 14...............................•..:.................................. 8/02 15, 16 ............................... ......... :............................ 8/02 17, 18..................................................................... 5/98 19........................................................................... 5/01 Title 7 1 ............................ ................................................... 8/02 3, 4............................................................................ - 5, 6............................................................................ - 7, 8............................................................................ - 9, 10....................................................................... 8/02 11,12 ..................................................................... 8/02 12.1, 12.2 ............ .................................................... 8/02 13,14 . ........................... ............................. - 15, 16 ........ ...... .......... ... ....................... 5/03 17, 18 .............. ..................................................... 5/03 18.1, 18.2............................................................... 5/03 19,20 ........................................................................ - 21, 22........................................................................ 23,24 ..................................................................... 8/02 25,26 ................................................. ............... 8/02 27,28 ..................................................................... 8/02 29,30 .................................,,...........I.-.................. 8/02 31,32 ................................................................... 8/02 33,34 ....... :............. ................................................ 8/02 35,36 ...................................................................... 8/02 37,38 ...................................................................... 8/02 39,40 ..................•--................................................ 8/02 41,42 ............................ ............................... ....... .:.... 8/02 (Revised 5/03) Revisions -2 Edmonds City Code Page Revised Date 43,44 ..............................................:...................... 8/02 45,46 -•------•-••--•--•..................................................1 8/02 47,48 .---••......................................•--••--.........•-....... 8102 49,50 ..................................................................... 8102 51,52 ..................................................................... 8102 53,54 ....................................................:....:........... 8102 55,56 ....................... :....:................. .......................... 8102 57............................................:..................:............. 8/02 Title 8 5,6 ......................................................................... 1 ................. .......................... ...............,.............. 8/01 3,4 ...................................... .... ...................... 9,10 ..................................••-•--•--................................ 5,6 .........................................................................-- 11, 12 ...... ....................................................... .. 7, 8.....:................................................................. 11/98 13,14 ........................................................................ 9,10 .................:..:..:.....................................I......:.... ---- 11, 12..................................................................... 8/01 13,14 ......... ........................................................... 8/01 15,16 ...................................................................... 8/01 16.1, 16.2............................................................... 8/01 16.3, 16.4.................................................................. 8/01 16.5, 16.6 .................. .................. ........................... 8/01 17,18 ..................................................................... 8/01 18.1, 18.2 ....................... ........ :............................ ... 1/96 19,20 .....................................................--------------..... - 21, 22........................................................................ - 22.1, 22.2............................................................... 5/00 22.3, 22.4............................................................... 5/00 23,24 ........................................................................ - 25, 26........................................................................ - 27, 28........................................................................ - 29, 30..................................................................... 8/96 31,32 ..................................................................... 2/03 33........................................................................... 4/97 Title 9 1........................................................................... 12/96 3,4 ......................:....:...:......:.....:.......................... 12/96 5,6 ....................................................................... 12/96 7,8 .--•................................................................... 12/96 9,10 ................................ 12/96 ...................................... Title 10 1 ..... .::..::.:....................................................... ::.:... :. 5/02 3,4 ............................................................................ 5,6 ......................................................................... 8/96 7,8 ................................. ...................... •.......... .... 8/96 9,10 ..................................••-•--•--................................ - 11, 12 ...... ....................................................... .. .., 13,14 ........................................................................ 15,16 ........................:............................................... 17,18 .................................................................... 10/97 18.1, 18.2............................................................. 10/97 19,20 ................................................................... 11/02 ................. .... ....... 21, 22 ................ .......... ..................... 8/98 Table of Revised Pages Page Revised Date 23,24 ........................... ................ ...:::.::.::.::..:........ 2/98 25,26 ..............................---------.............................. 8/01 27,28 ..................................................................... 5/02 29........................................................................... 5/02 Ordinance Tables 1, 2 ..:,,.......... ................... ............... ........................ ........... 8/98 3,4 ..................................................... ............. :...... 2/00 5, 6............................................................................ 7,8 ......................:......:.:.:.::......... :...... :................... 2/03 9,10 ....................................................................... 2/00 11,12 ..................................................................... 8/98 13,14 .................................................................... 11/00 15,16 ..................................................................... 2/00 17,18 .................................................................... 8/02 19,20 ................................................................... 11/00 21,22 ................................................................... 11/00 23,24 ........... ...................... --....................... ........... 2/00 25,26 .--•--•----..................... ........................... 11/00 27,28 ...... ................................... ....--•--•--•--............. 2/02 29,30 ..................................................................... 8/00 31,32 ..................................................................... 2/03 33........................................................................... 5/03 Index 1,2 ......................................................................... 5/03 3, 4 --- ................ -•--••............. ........... --.......... . 5/03 5,6 ...................................... •--.............................. 2/03 7,8 ............... ....................... ................................... 2/03 8.1, 8.2................................................................... 5/03 9,10 ....................................................................... 8/01 11,12 ..................................................................... 8/02 13,14 ..................................................................... 5/03 15........................................................................... 8/02 Revisions -3 (Revised 5/03) Title 2 CITY OFFICIALS AND PERSONNEL Chapters: Page 2.01 Mayor.................................................................................................. 3 2.05 City Attorney...................................................................................... 4 2.06 Indemnification of Employees and Officers ....................................... 5 2.10 Confirmation and Duties of City Officers .......................................... 8 2.15 Municipal Court.................................................................................. 9 2.20 Salary Payments................................................................................ 15 2.25 Payment of Claims, Demands and Vouchers .................................... 16 2.30 Municipal Employees Benefit Plan .................................................. 19 2.35 Vacation and Sick Leave.................................................................. 19 2.36 Military Leave................................................................................ 24.2 2.37 Miscellaneous Leave and Break Provisions ................................... 24.4 2.40 Bonds for Officers............................................................................ 25 2.50 Firemen's Relief and Pension System .............................................. 25 2.60 Reserve Fire Fighters' Relief and Pensions Act ............................... 26 2.70 Retirement System............................................................................ 27 2.80 Repealed............................................................................................ 28 2.90 Jail Facilities..................................................................................... 29 2.95 Police Corps Program....................................................................... 29 2-1 (Revised 5/03) Edmonds City Code to the amount of sick leave used during the cal- endar year, in accordance with the following schedule: Hours of Annual Leave Sick Leave Used Hours Earned 0 24 8 16 16 8 24 0 Annual leave earned under this program shall be in the calendar year in which the leave was earned. Absences compensated through the state workers' compensation illness or injury program shall not be taken into consideration when applying the eligibility standards. The leave earned shall be pro -rated to the nearest full hour on the basis of sick leave used. F. Nonrepresented employees who have accrued in excess of 800 hours of sick leave may convert the excess hours to a cash pay- ment at the rate of three hours of sick leave for one hour of compensation at the employee's current rate of pay, up to a maximum of $1,000 per year. The human resources department shall notify the employee of his or her accrued sick leave hours with the last paycheck in August of each year. The sick leave payout shall be paid with the first paycheck in January. Employees must request the optional sick leave payout within 10 working days from the date notice of accrued sick leave was provided. G. Newly hired employees who are entitled to transfer sick leave from their previous employer to the city of Edmonds pursuant to interlocal agreement, collective bargaining agreement and/or state law may transfer such sick leave banks subject to the rules set forth in this section. In addition, a transferred employee who would, under the provisions of the city's personnel policies, be required to pay back worker's compensation benefits advanced by the city and thereby restore his/her sick leave bank may exercise such rights with respect to funds received from 2.35.090 Labor and Industries as worker's compensa- tion within the first six months of their employ- ment, thereby buying back sick leave which otherwise could have been transferred. [Ord. 3444 § 1, 2003; Ord. 3279 § 4,1999; Ord. 2668 § 2, 1988; Ord. 2664 § 7, 1988; Ord. 1462, 1970; Ord. 1422, 1969; Ord. 1168 § 6, 1966]. 2.35.070 Transfer of position. In the event an employee is transferred from one position to another within the city, any accrued vacation time and/or accrued sick leave time and/or compensating time shall be available to the employee in his new position. [Ord. 1168 § 7, 1966]. 2.35.080 Extenuating circumstances. The foregoing provisions of this chapter shall be considered as minimum employee privileges, which may be extended for extenu- ating circumstances upon the approval of the mayor. [Ord. 1168 § 8, 1966]. 2.35.090 Conflict. In the event that any provision of this Chap- ter 2.35 ECC or any provision of this ECC Title 2 shall conflict with any provision of an employment contract or collective bargaining agreement approved by the city council, such contract or agreement shall prevail. In no event shall any employee be entitled to claim greater benefits under this chapter than those provided for by a collective bargaining agreement or employee contract covering said individual's employment. [Ord. 2571 § 3, 1986]. 2-24.1 (Revised 5/03) 2.36.010 Chapter 2.36 MILITARY LEAVE* Sections: 2.36.010 Annual leave for reservists. 2.36.020 Involuntary military service. 2.36.030 Other military leave and obligations. *Code reviser's note: Ord. 3373 added this chapter as Chapter 2.25. It has been editorially renumbered to pre- vent duplication of chapter numbers. 2.36.010 Annual leave for reservists. Every city employee who is a member of the Washington National Guard or of the Army, Navy, Air Force, Coast Guard, or Marine Corps Reserve of the United States, or of any organized reserve or armed forces of the United States, shall be entitled to annual leave as provided in RCW 38.40.060. [Ord. 3373 § 1, 2001]. 2.36.020 Involuntary military service. A. Subject to the provisions of subsections B through H of this section, every city employee who is involuntarily called to active duty in the Washington National Guard, or in the Army, Navy, Air Force, Coast Guard, or Marine Corps of the United States, shall be entitled to receive the following from the city, commencing on the first day the employee reports for active duty, the first day of duty after expiration of such leave and continuing for the period specified below or until the employee's discharge from active duty, which- ever occurs first: 1. For 60 days: the difference, if any, between the employee's regular salary or wages, fixed as of the last day of service ren- dered to the city prior to reporting for active duty, and the monetary compensation paid to the employee for the employee's military ser- vice, inclusive of housing and food allowances and other similar expenses; and (Revised 5/03) 2-24.2 2. For 90 days following the expiration of leave provided for in subsection (A)(1) of this section: medical, dental, and vision bene- fits for the employee and the employee's dependents, at the same level as provided to the employee and the employee's dependents as of the last day of service rendered to the city prior to reporting for active duty. 3. An employee shall be entitled to uti- lize the total of the benefits set forth in this sec- tion once within any five -calendar -year period. The five-year period shall commence on the first day such benefit(s) are used. 4. An employee may utilize vacation, compensatory time and other forms of accrued leave eligible for use in accordance with the terms of, and limitations on the use of, such accrued leave, prior to or in conjunction with the use of military leave, in order to supple- ment or extend the benefits created by this chapter. Use of such benefits shall result in an adjustment of time limits for military leave to reflect the usage of accrued leave. B. In order to qualify for the compensation and benefits to be provided under subsection A of this section, an employee who is involun- tarily called to active military service must exe- cute an agreement obligating the employee to return to work at the city upon completion of active duty and within the reemployment rights period established by federal law. The agree- ment shall provide that if the employee fails to return to city employment within the time period prescribed by law during which the employee has a right to return, the employee shall be obligated to reimburse the city for all compensation and benefits that are paid under this section. C. In order to receive the compensation pro- vided by subsection (A)(1) of this section, the employee shall be required to submit copies of his or her military pay stubs showing all com- pensation received from the military during the period of active service. The employee may submit such stubs once per pay period, but no more frequently than once every two weeks. Edmonds City Code The city shall pay the compensation amount due under subsection (A)(1) of this section, if any, at the time of the city's next regularly scheduled payroll. D. City employees who have already been involuntarily called to military service prior to the effective date of the ordinance codified in this chapter may qualify for the compensation and benefits provided herein by signing an agreement to return as provided in subsection B of this section. In such case, the 60 days of compensation and benefits and the 90 days of COBRA continuation shall commence on the date the agreement is signed. E. During the period of military leave, the employee shall not accrue or receive any other compensation, benefits, seniority, or any other rights whatsoever from the city except those specifically provided for in this section and those specifically required by state and federal law, except to the extent that additional leave accrued through the use of accrued leave under subsection (A)(4) of this section. F. Use of the term "employee" in this sec- tion in order to describe those called to military service is for convenience only and is not in- tended to imply that such persons remain city employees during the period of active duty. Upon completion of the last day of service for the city prior to reporting for active military service, such person is no longer a city em- ployee for any purpose, unless and until reem- ployed by the city as provided under federal law. G. The provisions of this section shall apply only to those city employees who are involun- tarily called to active military service. Employ- ees who voluntarily enlist or who otherwise volunteer for such active service are not eligi- ble. H. Nothing herein shall be interpreted to expand the rights of employees to return to the city beyond those rights granted by state and federal law. By way of illustration and not lim- itation, the city reserves its right to determine whether an employee can be reasonably 2.36.030 accommodated in the event he/she becomes disabled, to refuse to reemploy an individual who is dishonorably discharged or otherwise exercise its statutory or common law discretion as a public employer. [Ord. 3399 § 1, 2002; Ord. 3373 § 1, 2001]. 2.36.030 Other military leave and obligations. The city will comply with all provisions of state and federal law relating to military leaves and benefits, including, but not limited to, 38 U.S.C. § 4301, et seq., and RCW 38.40.060. [Ord. 3373 § 1, 2001]. 2-24.3 (Revised 5/03) 2.37.010 Chapter 2.37 MISCELLANEOUS LEAVE AND BREAK PROVISIONS Sections: 2.37.010 Breaks. 2.37.010 Breaks. A. Pursuant to the provisions of WAC 296- 126-001(4), the city of Edmonds hereby exempts its employees from the provisions of Chapter 296-126 WAC. By way of illustration and not limitation, the city's employees shall not be governed by the provisions of WAC 296-126-092 relating to meal periods and rest periods. B. This exemption shall be interpreted in accordance with the city's bargaining obliga- tions pursuant to the provisions of Washington law. Nothing herein shall be interpreted to abrogate past practice or to permit the alter- ation of any term or condition of employment which is a mandatory subject of bargaining, without notice to and, where appropriate, bar- gaining with the appropriate collective bar- gaining representatives. [Ord. 3447 § 1, 2003]. (Revised 5/03) 2-24.4 Edmonds City Code provisions of this chapter. Any partial con- cluding year shall be similarly prorated. [Ord. 2837 § 2, 1991; Ord. 2210 § 1, 1981; Ord. 917 § 4, 1962]. 3.20.050 Occupations subject to tax — Amounts. Sellers of electricity, gas, water and tele- phone services shall be subject to the tax imposed by this chapter. There are levied upon and shall be collected from every person, firm, corporation or other entity on account of the business activities, license and occupation taxes in the amount to be determined by the application of the rates against gross income, as follows: A. Public Utility Districts. Upon every per- son, firm, corporation or other entity engaged in or carrying on the business of selling or fur- nishing electrical energy and power a fee or tax equal in the following percentages is levied upon the total gross income from such busi- ness within the city of Edmonds during the tax year for which the license is required: 1. A fee or tax equal to six percent. 2. Until December 31, 2013, an addi- tional three-quarters of one percent for a total of six percent shall be levied; provided, how- ever that the additional three-quarters of one percent shall automatically expire and be repealed on December 31, 2013. 3. Provided, however, that there shall be no tax or fee upon revenues derived from the sale of electricity for the purposes of resale. B. Natural or Manufactured Gas and Ser- vice. Upon every person, firm, corporation or other entity engaged in or carrying on the busi- ness of transmitting, distributing, selling and furnishing natural and/or manufactured gas, a tax equal to 5-3/4 percent of the total gross income from the sale of gas within the corpo- rate limits of the city during and for the term for which the occupation license is required. C. Brokered Natural Gas — Use Tax in Lieu of Occupations Tax. There is imposed under the authority of RCW 35.21.870 a use tax on 3.20.050 the consumers of brokered natural gas. Such tax shall be in lieu of the tax imposed by sub- section B above when consumers receive nat- ural gas directly from a producer of manufac- tured natural gas outside of the state of Washington. Such tax shall be the same as that imposed on a natural manufactured gas utility by subsection B, equal to 5-3/4 percent of the customer's monthly purchases or other use charge by the broker of out-of-state natural gas. D. Telephone Business. A tax equal to 5- 3/4 percent of the gross subscribers' exchange monthly service charges billed to business and residence customers located within the corpo- rate limits of the city, together with 5-3/4 per- cent of gross income derived from intrastate toll service provided to business and residen- tial customers located within the corporate limits of the city. E. Pursuant to Chapter 4.68 ECC, Commu- nity Antenna Television Systems, commonly known as cable television franchisees, pay a franchise tax of three percent. In addition thereto, a tax is hereby levied equal to two per- cent of the gross receipts collected by the fran- chisee from the sale of its services in the city of Edmonds. This additional two percent is intended, when combined with the franchise fee of three percent, to provide a total of fran- chise fees and utility tax equalization amounts equal to five percent of the gross revenues of the franchisee derived from the sale of its cable television services within the city of Edmonds. Services shall include the sale of all broadcast services to subscribers, but shall not include revenues derived from the sale of advertising or other minor miscellaneous, incidental reve- nue unrelated to the sale of subscriber services or equipment rental. F. City Sewer Utility. The city of Edmonds, as a seller of sewer services, shall be subject to the tax imposed by this chapter. The sewer utility shall pay a license fee or tax equal to six percent on the gross income from the city's sewer utility. 3-17 (Revised 5/03) 3.20.060 G. Solid Waste Haulers. Any solid waste hauler shall be subject to the tax imposed by this chapter. The solid waste hauler shall pay a tax equal to six percent of the total gross income from the charges derived from solid waste disposal services within the corporate limits of the city during and for the term for which the occupation license is required. [Ord. 3432 § 2, 2002; Ord. 3281 § 1, 1999; Ord. 2899 § 1, 1992; Ord. 2837 § 3, 1991; Ord. 2775-A § 1, 1990; Ord. 2413, 1983; Ord. 2339 § 1, 19821. 3.20.060 Exceptions and deductions. A. Interstate or Foreign Commerce. There shall be excepted and deducted from the total gross income upon which the license fee or tax is computed, so much thereof as is derived from the transactions in interstate or foreign commerce, or from business done for the gov- ernment of the United States, its officers or agents, and any amount paid by the taxpayer to the United States, the state of Washington or the city of Edmonds as excise taxes levied or imposed upon the sale or distribution of prop- erty or service. B. Bad Debts. There shall be excepted and deducted from the total gross income upon which the license fee or tax is computed, all bad debts for services incurred; rendered or charged for during the tax year, or for a preced- ing tax year if the charge-off is made in the current tax year. Debts shall be deemed bad and uncollectible when the same have been written off the books of the taxpayer. In the event debts are subse- quently collected, said income shall be reported in the return for tax year in which said debts are collected and at the rate prevailing in the tax year when collected. C. Cash Discounts. There shall be excepted and deducted from the total gross income upon which the license fee or tax is computed, all cash discounts allowed and actually granted to customers of the taxpayer during the tax year. (Revised 5/03) 3-18 D. Burden on Interstate Commerce. Noth- ing in this chapter shall be construed as requir- ing a license, or the payment of a license fee or tax, or the doing of any act, which would con- stitute an unlawful burden or interference in violation of the Constitution or laws of the United States or which would not be consistent with the Constitution or laws of the state of Washington. E. Deduction Allowed. Any person subject to the payment of a license fee or tax under the provisions of any ordinance of the city other than this chapter, on account of engaging in any activity for which he is liable to tax here- under, may deduct the amount of such fee or tax from the amount of fee or tax imposed by this chapter on account of such activity, but such persons shall, nevertheless, in the manner herein provided for, apply for and procure an "occupation license." F. There shall be excluded and deducted from the total gross income upon which the license fee or tax for telephone businesses and telecommunications companies is computed, the following: 1. That portion of the gross income de- rived from charges to another telecommunica- tions company, as defined in RCW 80.04.010, for connecting fees, switching charges, or car- rier access charges relating to intrastate toll telephone services, or for access to, or charges for, interstate services. 2. Charges by a taxpayer engaging in a telephone business or to a telecommunications company, as defined in RCW 80.04.010, for telephone service that the purchaser buys for the purpose of resale. 3. Adjustments made to a billing or to a customer account or to a telecommunications company accrual account in order to reverse a billing or charge that had been made as a result of third -party fraud or other crime and was not properly a debt of a customer. 4. Charges to cellular telephone service subscribers passed on to compensate for the Edmonds City Code cost to the company of the tax imposed by this chapter. 5. There shall be allowed as a deduction as to cellular telephone companies which keep their regular books of account on an accrual basis, for credit losses actually sustained by the taxpayer as a result of the cellular telephone business. [Ord. 3006 § 2, 1995; Ord. 917 § 6, 1962]. 3.20.070 Application for occupation license. A. On or before the first day of each tax year, every taxpayer shall apply for an "occu- pation license" on forms provided by the city clerk. The application shall require such infor- mation as may be necessary to enable the city clerk to arrive at the lawful amount of tax imposed by this chapter. B. The application form shall be signed and acknowledged before a notary public by an authorized representative of the taxpayer. [Ord. 2048 § 2, 1979; Ord. 917 § 7, 1962]. 3.20.080 Monthly payment of tax. The taxpayer shall pay the tax in monthly installments during the life of the occupation license within 25 days after the end of each calendar month. [Ord. 2048 § 3, 1979; Ord. 917 § 8, 1962]. 3.20.090 Commencement of business during tax year. Taxpayers commencing any business, occu- pation pursuit or privilege during any tax year shall acquire an occupation license as provided in this chapter. The tax shall be proportioned to the remainder of the tax year. [Ord. 2048 § 4, 1979; Ord. 917 § 9, 1962]. 3.20.090 3-18.1 (Revised 5/03) This page left intentionally blank. (Revised 5/03) 3-18.2 Edmonds City Code The council shall further limit the time within which said work shall be completed, and dur- ing the time allowed in the contract for the completion of the work, the city engineer shall, on the last day of each month, issue an estimate of the amount of work done by the contractor during the month; but shall, after the date for completion of the contract, furnish no estimate other than the final estimate issued after the completion of the work. Said final estimate issued by the city engineer shall include, in addition to a statement of the amount of money expended for fixed estimate costs prior to the date set for the completion of the contract. All fixed estimate costs incurred by the city after the time fixed in the contract for its completion shall be borne by the contractor as a penalty for failure to complete the work within the speci- fied time. B. All estimates of the city engineer shall be filed in the office of the city clerk and by him reported to the council at the next regular meet- ing, or at a special meeting called for that pur- pose, and not more than 95 percent of such estimate shall be allowed and all warrants ordered in payment thereof shall be drawn only upon the particular local improvement fund under which the work is done, and which war- rants shall bear interest at a rate not to exceed eight percent per annum from date until redeemed either in money or bonds by the finance director, and shall cease to draw such interest from and after the date fixed by the finance director in a call for the redemption thereof. C. The five percent required to be held as a reserve to protect laborers and material men for a period of 30 days after final acceptance of the completion of the work, shall, at the expi- ration of such period, be paid to the contractor in warrants on such special fund so far as the same may be free from claims of liens, and which warrants shall draw interest as above set forth. [Ord. 2565 § 2, 1986; Ord. 1069 § 2, 1964; Ord. 651 § 11, 1954]. 3.40.130 3.40.120 Fixed estimate costs — Procedure. The cost and expense incurred by the city in engineering and surveying necessary for such improvement, and all cost of preparing all nec- essary data, including the cost of ascertaining the ownership of the property included in the assessment district, advertising and publishing all notices required to be published, shall be called the "fixed estimate" and all bidders shall include the amount thereof in all such bids. If the cost and expense of the improvement to be provided by the mode of payment by bonds the contractor or the contract purchaser of the bonds shall be required to pay the amount of the fixed estimate in cash or certified check to the finance director to be by him placed to the credit of the local improvement fund with which to redeem all warrants issued for such fixed estimate, and an amount equal therewith in interest bearing warrants shall be issued to the contractor or the contract purchaser of the bonds. The finance director shall place so much of said fixed estimate paid in by the con- tractor or the bond purchaser into the local improvement district fund as will represent the total sum of the warrants and interest to be drawn on that fund for fixed estimate costs. The city council shall have the right to vary the amount of the fixed estimate as the circum- stance may require. [Ord. 651 § 12, 1954]. 3.40.130 Proceedings not specified — State laws to govern. All proceedings necessary for the making of local improvements, and the assessment and collection of the cost and expense thereof, not specified in this chapter or amendments thereof, shall be done and performed in the manner and in accordance with the Laws of the State of Washington. The use of a hearing ex- aminer to hear the final assessment roll is in- corporated in this title under RCW 35.44.070 is specifically authorized and shall be undertaken in accordance with the provisions of ECC Title 20 as the same exists or is hereafter amended. [Ord. 2490, 1985; Ord. 651 § 13, 1954]. 3-41 (Revised 5/03) 3.40.140 3.40.140 Reductions in area of assessments. The office of the finance director may accept a reduction in the area of property sub- ject to an assessment for a local improvement district and apply the balance of the assess- ment, including interest and penalties, if any, to the remainder of the property subject to the assessment; provided, that the written consent of the property owner is filed with the finance director, and provided further that the reduc- tion in area will not result in a substantial dim- inution of the value of the affected property remaining and subject to assessment. [Ord. 1382 § 1, 1968]. (Revised 5/03) 3-42 Chapter 3.50 MISCELLANEOUS CHARGES Sections: 3.50.010 Fees for fingerprinting services. 3.50.020 Charges — Insufficient funds and other returned checks. 3.50.030 Delinquency charge. 3.50.040 Meeting room charges. 3.50.010 Fees for fingerprinting services. A fee of $5.00 shall be collected for each person requesting the making or preparing of a fingerprint record by the city. The record shall be prepared by the Edmonds police depart- ment, which agency shall also collect the fees for each such record prepared and which fees shall become a part of the general fund. [Ord. 2246 § 1, 1981; Ord. 1722 § 2, 1974]. 3.50.020 Charges — Insufficient funds and other returned checks. A charge of $30.00 shall be assessed against any person who has made payment to the city by check for any fee or charge when such check is returned by the bank against whom it has been drawn due to insufficient funds on account, closure of the account, or any other reason resulting in the nonpayment of the check. The $30.00 fee shall be paid prior to the application to any payment against the fee or charge initially assessed. Nothing herein shall be interpreted to limit or prohibit the city from collecting reasonable attorneys' fees or other collection costs in the event that it is forced to collect the account through a judicial remedy, nor to prohibit the administrative services director from waiving such a charge for per- sons qualifying as low income citizens under the provisions of ECC 7.30.070. [Ord. 3375 § 1, 2001; Ord. 3156 § 1, 1997; Ord. 2740 § 1, 1990] . Edmonds City Code 3.50.030 Delinquency charge. A charge equal to 10 percent of the outstand- ing balance of the delinquent utility bill shall be added as a fee, except in cases of extraordinary hardship as determined by the public works superintendent or his/her designee. The deci- sion of the public works superintendent shall be appealable to the finance committee of the Edmonds city council. The account shall be considered delinquent 35 days after the send- ing of the regular billing. Such delinquency notice and billing will be provided 35 days fol- lowing the mailing of a regular utility bill. This charge shall be applicable to all delinquent util- ity billing accounts except for commercial and sewer only accounts. In order to be considered delinquent an account must total $21.00 or more of delinquency, and no delinquency charge shall be levied against any delinquent account under $21.00. This delinquency charge shall be paid prior to the application of any payment against the fee or charge initially assessed and nothing herein shall be inter- preted to limit the city's collection of its attor- neys' fees and other reasonable costs and charges in the event it is forced to seek judicial remedy for collection. [Ord. 3156 § 2, 1997]. 3.50.040 Meeting room charges. The mayor is hereby authorized to establish charges for the use of meeting rooms by public and private organizations, both profit and non- profit, on an annual basis as a part of the bud- get process. Charges for such rooms shall be reported to the council as a part of each annual budget process. The charges for the next fiscal year shall be deemed approved at the date that the budget is approved. Such charges shall be made available to the public at the administra- tive services department, the office of the city clerk, and the office of the mayor. [Ord. 3443 § 1, 20031. 3.50.040 3-42.1 (Revised 5/03) This page left intentionally blank. (Revised 5/03) 3-42.2 Edmonds City Code application with conditions. Their decision shall be forwarded to the city clerk. B. The police/fire chief may require the applicant as a condition upon approval to: 1. Restrict the days and/or hours of operation. 2. Conduct the public amusement at a location other than as set forth on the applica- tion. 3. Limit the number of persons at any one time on the premises. 4. Comply with such other conditions as are reasonably necessary for protection of pub- lic safety and property. C. In addition to the fees referenced in ECC 4.32.060, the applicant shall pay a charge equal to the actual cost of fire inspection in accordance with the provisions of ECDC 19.75.065. [Ord. 3452 § 3, 2003; Ord. 2671 § 1, 1988; Ord. 2175 § 1, 1980]. 4.32.050 Issuance of license. Upon receipt of the police chief's decision to approve the application, the city clerk shall issue the license which shall contain the fol- lowing: A. The name of the person to whom the license is issued. B. The date, time and place of operation or operations. C. The type of public amusement. D. All conditions imposed by the police/fire chief. E. The date the license expires. [Ord. 2671 § 1, 1988; Ord. 2175 § 1, 1980]. 4.32.060 License fees/term. The license shall be for a term not to exceed one year. Fees for the public amusement license shall be as follows: A. Motion picture theaters, $30.00 per year. B. Circuses and/or carnivals, exclusive of sideshows, $50.00 per day. C. Sideshows, conducted with or without a circus, $50.00 per day. 4.32.090 D. All other public amusements, $30.00 per day or $240.00 per year, whichever is lesser. [Ord. 2671 § 1, 1988; Ord. 2175 § 1, 1980]. 4.32.070 Revocation of licenses. Public amusement licenses may be revoked by the city clerk for any of the following rea- sons: A. Violation of any of the provisions of this chapter by the license holder, his agents or employees. B. The applicant has made any false or mis- leading statement or a misrepresentation of fact in connection with the license, or there has been a change of circumstances since the issu- ance of a license, such as anticipated crowd size, lapse or cancellation of required insur- ance, etc. [Ord. 2671 § 1, 1988; Ord. 2175 § 1, 1980]. 4.32.080 Notice of revocation — Appeal. A. The city clerk shall send the licensee notice of the revocation by mail. Notices mailed to the address on the application form shall be deemed received three days after post- ing. B. The notice shall state the reasons for the revocation and that the revocation will become final within 10 days of the date of the notice unless a written notice of appeal is filed with the city council within the 10 -day period. C. If a written notice of appeal is filed within the 10 -day period, the city council shall set a date for hearing and send the licensee notice of the date and time. If no written notice of appeal is filed, the license shall be deemed revoked as set forth in the notice to the lic- ensee. D. License fees will not be refunded in whole or in part in the event of revocation or suspension of the license. [Ord. 2671 § 1, 1988; Ord. 2175 § 1, 1980]. 4.32.090 Emergency suspension of license. In the event the police chief or fire chief determines that there is an immediate threat to 4-19 (Revised 5/03) 4.32.100 public safety, or to property, he may suspend the license without prior notice and order the immediate termination of the licensed activity or activities. Such suspension shall last until the police chief may determine that the threat to public safety, or to property, has abated, or until the licensee may bring the matter before the city council by delivering to the city clerk the written grievance of the licensee as to why the suspension should be terminated and the license reinstated. The city clerk upon receipt of such writing shall bring the matter on for hearing at the next regular meeting of the city council, or special meeting of the city council called for that purpose, if any. [Ord. 2671 § 1, 1988; Ord. 2175 § 1, 1980]. 4.32.100 Acceptance of chapter terms. By applying for and receiving a license under the provisions of this chapter the lic- ensee agrees to all the terms of said chapter, the Edmonds City Code and Community Development Code, including but not limited to the terms and procedures for revocation and/or suspension should the same be exer- cised as herein provided. All decisions of the city council shall be final. [Ord. 2671 § 1, 1988; Ord. 2175 § 1, 1980]. 4.32.110 Penalties. Any person violating the provisions of this chapter or any person who conducts a public amusement in violation of any of the terms and conditions specified on the license shall be guilty of a misdemeanor and upon conviction thereof shall be punished as set forth in ECC 5.50.020. [Ord. 2671 § 1, 1988; Ord. 2175 § 1, 1980; Ord. 193, 1909]. 4.32.200 Severability. If any word, phrase or section of this chapter is held invalid or unconstitutional for any rea- son by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the remaining portions of this chapter. [Ord. 2671 § 1, 1988; Ord. 2175 § 1, 1980]. (Revised 5/03) 4-20 Chapter 4.38 RENTAL OF HALLS (Repealed by Ord. 2613) Edmonds City Code to teen dances and teen dance halls when a dance is being conducted for the purpose of inspection and to enforce compliance with the provisions of this chapter and other applicable city, county and state health, zoning, building, fire and safety ordinances and laws. [Ord. 2572 § 3, 1986]. 4.44.078 License limited to licensee and location. Any license issued under the provisions of this chapter shall apply to a single licensee and to a single location only and shall not be trans- ferable to other locations or to other persons. [Ord. 2572 § 3, 1986]. 4.48.030 Chapter 4.48 CABARET DANCES Sections: 4.48.010 Cabaret defined. 4.48.020 License fee. 4.48.025 Inspection fee. 4.48.030 License application and issuance. 4.48.040 Regulations applicable to cabaret dances. 4.48.050 Inspection of cabarets. 4.48.060 Dancing — Hours of operation. 4.48.070 Revocation of license — Hearing procedure — Appeal. 4.48.080 Penalty for violations. 4.48.300 Severability. 4.48.010 Cabaret defined. For the purposes of this chapter, a "cabaret" is defined as any public place of business, except a teen dance hall as defined in Chapter 4.44 ECC, wherein food or beverages are dis- pensed and dancing is allowed or permitted without charge. [Ord. 2572 § 2, 1986; Ord. 594 § 2, 1949]. 4.48.020 License fee. The license fee for operating a cabaret shall be $25.00 per year; the year to run from the date of the issuance of such license. [Ord. 594 § 3, 1949]. 4.48.025 Inspection fee. In addition to the license fee referenced in this chapter, the applicant shall pay a charge equal to the actual cost of inspecting the pre- mises in accordance with the provisions of ECDC 19.75.065. [Ord. 3452 § 4, 2003]. 4.48.030 License application and issuance. Any person, firm, corporation or other entity desiring a cabaret license shall make applica- tion to the city clerk, which application shall specify the name and address of all owners or other person interested or having a proprietary 4-25 (Revised 5/03) 4.48.040 interest in the premises, specify the type of music to be presented and the hours and days that cabaret dancing shall be conducted, together with such other information as may be requested from time to time by the city council. The license fee shall accompany the applica- tion for license and shall not be prorated for any portion of a year. Licenses issued under this chapter may be issued by the city clerk only after approval by the city council. [Ord. 1762 § 1, 1975; Ord. 594 § 4, 1949]. 4.48.040 Regulations applicable to cabaret dances. Closing hours, health and fire restrictions, conduct of patrons, lighting level in rooms and all other general and special regulations of the existing ordinances of the city of Edmonds or as they shall be amended or added to from time to time, relating to dances and dancing, and as regard morality and decency shall be effective as to and govern dances permitted under this chapter except as otherwise provided in this chapter; provided, however, the city council shall have the right to require that special police officers, as provided for in Chapter 4.40 ECC, be in attendance as a condition of the granting of any license under this chapter; pro- vided, further, the city shall have the right to review the need for special police officers in attendance at any dances licensed hereunder and may require the presence of such officers after a license has been issued if such is found to be necessary for the public hearing in the manner as provided in ECC 4.48.070. [Ord. 1762 § 2, 1975; Ord. 372 § 3, 1925]. 4.48.050 Inspection of cabarets. It is unlawful for the owner of any hotel, res- taurant or cafe where dancing is carried on, his agent or employee, to refuse admission to any public officer for the purpose of inspecting such hotel, restaurant or cafe to see if the ordi- nances of the city of Edmonds with reference to health, regulations, prevention of fire haz- (Revised 5/03) 4-26 ards and morality and decency in the city are being complied with in said place. [Ord. 372 § 5, 1925]. 4.48.060 Dancing — Hours of operation. It is unlawful for any person, firm or corpo- ration to allow or permit dancing in any hotel, restaurant, or cafe in the city of Edmonds between the hours of 2:00 a.m. and 8:00 a.m. of any day of the week. [Ord. 1452, 1969; Ord. 372 § 5A, 19251. 4.48.070 Revocation of license — Hearing procedure — Appeal. A. Any holder of a license under this chap- ter who is found to be guilty of a violation of any of the provisions of this chapter or of the provisions of any ordinance of the city of Edmonds or the laws of the state of Washing- ton relating to intoxicating liquors, shall be subject to having the license suspended or can- celled and revoked. The responsibility of the maintenance of an orderly premises shall be upon the licensee. B. When the chief of police determines that there is cause for suspending or revoking any license issued pursuant to this chapter, he shall notify the person holding the license by certi- fied mail, at the address set forth on the appli- cation for the license of his decision to suspend or revoke such license. C. Notice mailed to the last business address on file for the licensee shall be deemed received three days after posting in the United States mails. The notice shall specify the grounds for the suspension or revocation and the same shall become effective 10 days from the date the notice is delivered or deemed received unless the person affected thereby files a written request for a hearing with the city council within such period. D. The city council shall, upon receipt of such a request, set a hearing date within 30 days following the receipt of such request. At such hearing, the council shall have the author- ity to suspend for any given period of time or Edmonds City Code revoke the license or void the police chief's notice of suspension or revocation or require additional restrictions on the licensee's opera- tion including the requirement that a special police officer be present during hours of oper- ation in order to ensure compliance with the provisions of this chapter and the conditions of any license issued or granted hereunder. The council shall have the right to continue the 4-26.1 4.48.070 (Revised 5/03) This page left intentionally blank. (Revised 5/03) 4-26.2 Edmonds City Code 10. The applicant's mailing address and residential address. 11. Two two-inch by two-inch color photographs of the applicant, including any corporate applicants, taken within six months of the date of the application, showing only the full face of the same. The photographs shall be provided at the applicant's expense. The license, when issued, shall have affixed to it one such photograph of the applicant. 12. The applicant and/or each corporate applicant's driver's license number, Social Security number, and his/her state or federally issued tax identification number, if any. 13. Each application shall be accompa- nied by a complete set of fingerprints of each person required to be a party to the application, including all corporate applicants as defined above, utilizing fingerprint forms as prescribed by the chief of police or his/her designee. 14. A sketch or diagram showing the configuration of the adult entertainment facil- ity, including a statement of total floor space occupied by the establishment. The sketch or diagram must be professionally prepared and accepted by the city, and it must be drawn to a designated scale or drawn with marked dimen- sions of the interior of the adult entertainment facility to an accuracy of plus or minus six inches. E. Applicants for a license under this chap- ter shall have a continuing duty to promptly supplement application information required in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within 30 days from the date of such change by supplementing the application on file with the city clerk or his/her designee shall be grounds for suspension of a license. F. In the event the city clerk or his/her des- ignee determines or learns at any time that the applicant has improperly completed the appli- cation for a proposed adult entertainment facil- ity license, he/she shall promptly notify the applicant of such fact and allow the applicant 10 days to properly complete the application. 4.52.070 (The time period for granting or denying a license shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application). G. The applicant must be qualified accord- ing to the provisions of this section, and the adult entertainment facility must be inspected and found to be in compliance with health, fire, and building codes of the city. H. The applicant shall pay a preliminary nonrefundable processing fee established by resolution at the time of filing an application under this section. Note: This is a processing fee. License fees shall also be required in the event the application is approved. I. The fact that a person possesses other types of state or city permits and/or licenses does not exempt him/her from the requirement of obtaining an adult entertainment facility license. J. The application form for licenses issued under this chapter shall contain a provision providing that under penalty of perjury the applicant verifies that the information con- tained therein is true to the best of his/her knowledge. [Ord. 3097 § 4, 19961. 4-36.5 4.52.070 Investigation and application. A. Upon receipt of an application properly filed with the city clerk, and upon payment of the nonrefundable processing fee, the city clerk or his/her designee shall immediately stamp the application as received and shall immedi- ately thereafter send photocopies of the appli- cation to other city departments or other agencies responsible for enforcement of health, fire, criminal and building codes and laws. Each department or agency shall promptly con- duct an investigation of the application and the proposed adult entertainment facility. Said investigation shall be completed within 20 days of receipt of the application by the city clerk or his/her designee, unless circumstances support extending the investigation. If the investigation is extended, the city shall inform the applicant of the extension and the reason. The extension shall be for no longer than 10 (Revised 5/03) 4.52.080 additional days from the original expiration of the 20 -day time period stated above. At the conclusion of its investigation, each depart- ment or agency shall indicate on the photocopy of the application its recommendation as to approval or disapproval of the application, date it, sign it, and in the event it recommends dis- approval, state the specific reasons therefor, citing applicable laws or regulations. B. A department or agency shall recom- mend disapproval of an application if it finds that the proposed adult entertainment facility will be in violation of any provision of any statute, code, ordinance, regulation, or other law in effect in the city, or if the applicant does not meet the conditions as specified in this chapter. After its indication of approval or dis- approval, each department or agency shall immediately return the photocopy of the appli- cation to the city clerk or his/her designee. C. In addition to the license fees set forth in this chapter, an applicant shall pay a charge equal to the actual cost of fire inspection in accordance with the provisions of ECDC 19.75.065. [Ord. 3452 § 5, 2003; Ord. 3097 § 4, 1996]. 4.52.080 Issuance of license. A. The city clerk or his/her designee shall grant or deny an application for a license within 60 days from the date of its proper filing unless the city or applicant establishes a good reason for up to a 10 -day extension as provided above. B. Grant of Application for License. 1. The city clerk or his/her designee shall grant the application unless one or more of the criteria set forth in subsection C of this section (Denial of Application for License) is present. 2. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the adult entertainment facility. The license shall be posted in a conspicuous place, at or near the entrance to the adult entertain- ment facility so that it can be easily read at any (Revised 5/03) 4-36.6 time. The license shall be valid until the end of the year. C. Denial of Application for License. The city clerk or his/her designee shall deny the application for any of the following reasons: 1. An applicant is under 18 years of age or will be employing a person under 18 years of age. 2. An applicant is overdue on his/her payment to the city of taxes, fees, fines, assess- ments, or penalties assessed or imposed against him/her in relation to an adult enter- tainment facility. 3. An applicant has failed to provide information required by this section or the application for the issuance of the license, or has falsely answered a question or request for information on the application form. 4. The applicant has failed to comply with any provision or requirement of this chap- ter. 5. The applicant has failed to comply with any city codes or zoning regulations, or other state or federal regulations or court order applicable to an adult entertainment facility. 6. The applicant has been convicted of a felony within the last 10 years involving an adult entertainment facility including, but not limited to, prostitution, promoting prostitution, and/or possession of controlled substances as that term is defined in Chapter 69.50 RCW. [Ord. 3097 § 4, 1996]. 4.52.090 License fees for adult entertainment facilities. A. The annual fee for an adult entertain- ment facility license shall be established by resolution. The amount shall be used for the cost of administration and enforcement of this chapter. B. Each license shall expire annually on December 31st of each year and must be renewed by January 1st of each year. A license shall not be prorated. C. The applicant must be 18 years of age or older. [Ord. 3097 § 4, 1996]. Edmonds City Code chise, or fails to file for judicial review of the city's findings, the city may thereafter fore- close against the performance bond and/or withdraw from any other security an amount sufficient to compensate the city's damages, with interest, at the legal rate. Upon such fore- closure or withdrawal, the city shall notify a franchisee in writing, by first class mail, post- age prepaid, of the amount and date thereof. B. Restoration. Within 30 days after mail- ing notice to a franchisee that the city has fore- closed franchisee's performance bond or that any amount has been withdrawn by the city from the other security pursuant to subsection A of this section, a franchisee shall deposit such further bond or sum of money, or other security, as the city may require, sufficient to meet the requirements of this chapter and the franchise agreement. C. Rights of the City. The rights reserved to the city with respect to any bond or security are in addition to all other rights of the city whether reserved by this chapter or authorized by law, and no action, proceeding, or exercise of a right with respect to any bond or other security shall constitute an election or waiver of any rights or other remedies the city may have. [Ord. 3083 § 1, 1996]. 4.68.360 Franchising costs. The operator shall pay to the city upon acceptance of any initial franchise or renewal franchise granted hereunder, the city's reason- able out-of-pocket costs associated with the franchising process up to a maximum amount specified in the franchise agreement. The amount of the filing fee shall be a credit against these out-of-pocket costs. Costs shall include such items as consulting fees, expenses, and the costs of publishing notices and ordinances, etc. Such payment is not to be considered in lieu of franchise fee payments. Payment is due within 30 days of receipt of appropriate invoice from the city. [Ord. 3083 § 1, 1996]. 4.68.380 4.68.370 Equalization of civic contributions. In the event of one or more new franchises being granted, the city may require that such subsequent franchisees pay to the city an amount proportionally equal to franchising costs contributed by the initial franchisee. These costs may include but are not limited to such features as access and institutional net- work costs, bidirectional or equivalent cable installed to municipal buildings and similar expenses. Additional franchisees shall provide all PEG access channel(s) currently available to the subscribers of existing franchisees. In order to provide these access channels, addi- tional franchisees shall interconnect, at their cost, with existing franchisees, subject to any reasonable terms and conditions that the exist- ing franchisee providing the interconnection may require. These interconnection agree- ments shall be made directly between the fran- chisees. The city council, in such cases of dispute of award, may be called upon to arbi- trate regarding these arrangements. Additional franchisees shall contribute towards costs of PEG access paid by a prior franchisee by paying to the prior franchisee on each anniversary of the grant of the subsequent franchise an amount equal to a proportionate share of the amount contributed by the prior franchisee for PEG access costs in constant dollars. This proportion shall be based upon the number of subscribers in the city held by each franchise and shall be contributed until such time as equal contributions towards the cost of PEG access have been made. [Ord. 3083 § 1, 19961. 4.68.380 Inconsistency. If any portion of this chapter should be inconsistent or conflict with any rule or regula- tion now or hereafter adopted by the FCC or other federal law, then, to the extent of the inconsistency or conflict, the rule or regulation of the FCC or other federal law shall control for 4-54.1 (Revised 5/03) 4.72.010 so long, but only for so long, as such rule, reg- ulation, or law shall remain in effect; provided the remaining provisions of this chapter shall not be affected thereby. [Ord. 3083 § 1, 1996]. (Revised 5/03) 4-54.2 Chapter 4.72 BUSINESS LICENSE Sections: 4.72.010 Definitions. 4.72.020 Business license required. 4.72.023 Registration of transient accommodations. 4.72.030 Procedure. 4.72.040 Fee — Terms — Penalty. 4.72.050 Ineligible activities. 4.72.060 Revocation or suspension. 4.72.065 Transfer or sale of business — New license required. 4.72.070 Penalty for violation. 4.72.010 Definitions. In construing the provisions of this chapter, save when otherwise declared or clearly appar- ent from the context, the following definitions shall be applied: A. Person. The term "person" shall include one or more persons of either sex, corpora- tions, partnerships, associations, or other entity capable of having an action at law brought against such entity, but shall not include employees or persons licensed pursu- ant to this chapter. B. Business. The term "business" includes all services and activities engaged in with the object of pecuniary gain, benefit or advantage to the person, or to any other person or class, directly or indirectly, whether part-time or full-time, except those businesses or occupa- tions which are regulated pursuant to, or for which licenses or franchises are required by, the following chapters of the Edmonds City Code: 3.20 (Business License and Occupation Tax); 4.11 (Motor Vehicle Wreckers); 4.12 (Peddlers, Solicitors and Street Vendors); 4.20 (Liquor Licenses); 4.48 (Cabaret Dances); Edmonds City Code 4.50 (Public Massage Parlors and Public Bathhouses); 4.56 (Sound Trucks); 4.60 (Taxicabs); 4.68 (Community Antenna Television Systems); 4.75 (Pawnbrokers); and except nonbusiness activities carried on by a religious, charitable, benevolent, fraternal or social organization and persons leasing one rental unit or one private residence. C. Rental Unit. The term "rental unit" shall mean a separate room or apartment leased for human occupancy and contained within a sin- gle structure, and shall include the operations of rooming houses, boarders within private residences and the operation of bed and break- fast establishments which otherwise meet the criteria of the exception created in the subpara- graph above. D. Private Residence. The term "private residence" shall mean a separate, free-standing structure leased for residential purposes and human occupancy by one "family" as defined by ECDC 21.30.010. [Ord. 3439 § 1, 2003; Ord. 2562, 1986; Ord. 2536 § 2, 1985; Ord. 2315 § 1, 1982]. 4.72.020 Business license required. It shall be unlawful for any person to oper- ate, engage in or practice any business in the city of Edmonds without first having obtained a business license from the city. If more than one business is located on a single premises, a separate license shall be required for each sep- arate business conducted, operated, engaged in or practiced. [Ord. 3282 § 1, 1999; Ord. 1139 § 1, 19651. 4.72.023 Registration of transient accommodations. It shall be unlawful for any person, partner- ship or corporation to operate a bed and break- fast establishment or other form of transient accommodation without first registering such accommodation with the city's fire marshal. 4.72.030 "Transient accommodation" shall mean any hotel, motel, condominium, resort or other facility regardless of size which offers rental of one or more lodging units on a daily or weekly basis. It shall not include rooms let on month- to-month leases or longer tenancies. Applica- tion for a business license shall satisfy the requirements of this section; any transient accommodation exempt from the provisions of this chapter shall register in writing with the fire marshal on a form designated for use by the fire marshal. Violations of this section shall be punishable by a fine of $20.00; each and every day of violation shall constitute a separate offense. [Ord. 2566 § 1, 1986]. 4.72.030 Procedure. A. Application for the business license shall be made in writing to the city clerk upon a form provided by the city clerk, and the applicant shall at the same time deposit with the city clerk in advance the license fee herein required. The application shall state the nature and address or addresses of the business or businesses, or proposed business or busi- nesses, of the applicant, and such other infor- mation as requested by the city clerk. B. If the applicant be a partnership, the application must be made by one of the part- ners; if a corporation, by one of the officers thereof; if a foreign corporation, partnership or nonresident individual, by the resident agent or local manager of the corporation, partnership or individual. C. The city clerk shall present all applica- tions for licenses to the mayor. The mayor shall cause an investigation of the application to be made by the proper city officials and shall grant or refuse to grant the license within 15 days of the date of application. If an application is refused the reason for refusal shall be desig- nated on the application. The fee shall not be refunded. [Ord. 1139 § 1, 1965]. 4-54.3 (Revised 5/03) 4.72.040 4.72.040 Fee — Terms — Penalty. A. Commending January 1, 1977, business licenses required to be obtained pursuant to this chapter, shall be issued on a calendar year basis and shall expire on December 31st of the year for which they are issued. B. Fees for an annual business license issued hereunder shall be as follows: 1. The fee for an application for a new business license for any business to be oper- ated from real estate within the city of Edmonds shall be $65.00; and 2. The fee for an application for a new business license for any other business con- ducted for, under contract with or by providing services to any person within the city shall be $25.00; and 3. The fee for an application for an annual renewal of a business license shall be $25.00 for any business operated within the city of Edmonds. C. All businesses required to obtain licenses hereunder shall obtain the same and pay all fees required on or before February 15th of each respective year; provided, how- ever, that for the year 1981 only, businesses shall be required to obtain the licenses before April 1. Any business which fails to obtain and pay the license fees within said period of time shall, in addition to any other penalties pro- vided in this chapter, be assessed an amount equal to 50 percent of the license fee for said business as a penalty for such late application and/or payment. D. Repealed by Ord. 3036. [Ord. 3282 § 2, 1999; Ord. 3084 § 1, 1996; Ord. 3036 §§ 1, 2, 1995; Ord. 2191 §§ 1, 2, 1981; Ord. 1828 § 1, 1976; Ord. 1139 § 1, 1965]. 4.72.050 Ineligible activities. Notwithstanding any provisions hereof to the contrary, a license hereunder may not be issued to any person who uses or occupies or proposes to use or occupy any real property or otherwise conducts or proposes to conduct any business in violation of the provisions of any (Revised 5/03) 4-54.4 ordinance of the city of Edmonds or the stat- utes of the state of Washington. The granting of a business license shall in no way be con- strued as permission or acquiescence in a pro- hibited activity or other violation of the law. [Ord. 1139 § 1, 1965]. 4.72.060 Revocation or suspension. The city council shall, at any time, suspend or revoke any license issued hereunder when- ever the licensee or officer or partner thereof has been convicted in any court of competent jurisdiction of violating any statute of the United States or the state of Washington or any ordinance of the city of Edmonds upon the business premises stated in the license or in connection with the business stated in the license; or where the place of business does not conform to the ordinances of the city of Edmonds; provided, a hearing thereon shall be had before such revocation or suspension, and the licensee shall be notified in writing by sending the same to the address stated in the license of the intention of the city council to revoke or suspend said license at a regular meeting of the city council at a time and date denominated in the notification giving the lic- ensee at least six days' notice prior to the date for the hearing. The licensee may appear at that time and be heard in opposition to such revocation or suspension. [Ord. 1139 § 1, 1965]. 4.72.065 Transfer or sale of business — New license required. Upon the sale or transfer of any business licensed by this chapter, the license issued to the prior owner or transferor shall automati- cally expire on the date of such sale or transfer and the new owner intending to continue such business in the city of Edmonds shall apply for a new business license pursuant to the proce- dures established by this chapter. [Ord. 2315 § 2, 1982]. Edmonds City Code 4.75.190 Penalty. It is a gross misdemeanor for: A. Any person to remove, alter, or obliter- ate any manufacturer's make, model, or serial number, personal identification number, or identifying marks engraved or etched upon an item of personal property that was purchased, consigned, or received in pledge. In addition, an item shall not be accepted for pledge or a secondhand purchase where the manufac- turer's make, model, or serial number, per- sonal identification number, or identifying marks engraved or etched upon an item of per- sonal property has been removed, altered, or obliterated; B. Any person to knowingly make, cause or allow to be made any false entry or misstate- ment of any material matter in any book, record, or writing required to be kept under this chapter; C. Any pawnbroker or secondhand dealer to receive any property from any person under the age of 18 years, any person under the influ- ence of intoxicating liquor or drugs, or any person known to the pawnbroker or second- hand dealer as having been convicted of bur- glary, robbery, theft or possession of or receiving stolen property within the past 10 years whether the person is acting in his or her own behalf or as the agent of another; or D. Violate any provision of this chapter by any act of either omission or commission. [Ord. 2850 § 6, 1991; Ord. 2701, 1989; Ord. 2431, 1984]. 4.80.030 Chapter 4.80 AIRCRAFT LANDING PERMITS Sections: 4.80.010 Definitions. 4.80.020 Aircraft landings unlawful without permit. 4.80.030 Permit issuance. 4.80.040 Permit application and documents. 4.80.050 Permit revocation. 4.80.060 Inspection fee. 4.80.010 Definitions. A. Aircraft. Any contrivance now known, or hereafter invented, used or designated for manned navigation of or manned flight in the air, including but not limited to, airplanes, heli- copters or balloons. B. Aircraft Landing. Any maneuver by an aircraft which causes any part of such aircraft to contact the ground or any structure on the ground, or to come within proximity of the ground or any such structure. [Ord. 2366 § 2, 1983]. 4.80.020 Aircraft landings unlawful without permit. It shall be unlawful for any person to land, or permit to land, an aircraft in the city of Edmonds except occasionally in the following zoning districts and only when an aircraft land- ing permit has been issued in advance of such landing: General Commercial (CG), Commer- cial Waterfront (CW), Commercial Business (BC) or publicly owned property designated for school or recreational uses. Emergency, rescue, fire, law enforcement, hospital and military operations are exempt from the requirements of this section. [Ord. 2388, 1983; Ord. 2366 § 3, 1983]. 4.80.030 Permit issuance. The city clerk or designee is authorized to issue, issue with conditions, or deny aircraft landing permits after circulating an application 4-63 (Revised 5/03) 4.80.040 and receiving recommendations from the police, fire, public works, planning depart- ments and any other concerned department. Permits shall be issued or issued with condi- tions only if the proposed landing will pose no substantial threat to the health, safety or wel- fare of the surrounding community, otherwise permits shall not issue. Only occasional, infre- quent aircraft landings may be authorized; fre- quent, regular, scheduled aircraft landings such as at an airport, heliport or helispot, are not to be permitted. [Ord. 2366 § 4, 1983]. 4.80.040 Permit application and documents. A. Applications for aircraft landing permits shall be accompanied by a fee for administra- tive expenses in the amount of $50.00, shall be on forms provided by the city clerk, and shall contain the following information: 1. Name, address, telephone number of applicant. 2. Description of aircraft involved spec- ifying type, manufacturer, dimensions, gross weight with fuel, type of fuel, passenger capacity, cargo weight limits, FAA license registration number, and minimum area required for landing and take off. 3. Purpose for landing. 4. Site of landing including name, address and telephone number of property owner(s). 5. Time of landing or landings. 6. Weather conditions that would make a landing unsafe. 7. Proposed safety precautions on site. 8. Ground facilities that will be required for refueling, maintenance, servicing, loading or unloading, and any other appurtenance nec- essary on the ground for such landing. 9. Experience of pilot or operator and license number if applicable. B. The applicant shall provide the follow- ing documents: (Revised 5/03) 4-64 1. Hold harmless agreement for the ben- efit of the city signed by the person responsible for such landing. 2. Permission to land signed by the per- son with legal possession of the land, whether landowner or tenant, if such person is not the applicant. [Ord. 2366 § 5, 1983]. 4.80.050 Permit revocation. The mayor, fire chief or police chief, or their designees, are authorized to revoke any permit issued pursuant to this chapter if there is prob- able cause to believe that the aircraft landing is not or will not be carried out in the manner pre- scribed by the permit, or the aircraft landing will pose a substantial threat to the public health, safety or welfare. The applicant shall be notified promptly of the permit revocation. A decision to issue or deny a permit may be appealed to the city council provided the aggrieved party files a written appeal with the city clerk within 10 days of the date of the per- mit decision. [Ord. 2366 § 6, 1983]. 4.80.060 Inspection fee. In addition to the permit fee levied by this chapter, the applicant shall pay charge equal to the actual cost of fire inspection in accordance with the provisions of ECDC 19.75.065. [Ord. 3452 § 6, 20031. Title 5 PUBLIC SAFETY AND MORALS Chapters: Page 5.01 Preliminary Article................................................................................. 3 5.02 Advertising, Crimes Relating To............................................................ 5 5.04 Alcoholic Beverages............................................................................... 6 5.05 Animal Control....................................................................................... 7 5.08 Anticipatory Offenses........................................................................ 20.3 5.10 Boating Code..................................................................................... 20.3 5.12 Children and Minors, Crimes Relating To ............................................ 23 5.14 Controlled Substances, Paraphernalia, Poisons, and Toxic Fumes ...... 24 5.15 Regulation of Sale of Tobacco Products ............................................... 25 5.20 False Alarms......................................................................................... 27 5.21 Misuse of the 911 or Emergency Call System ................................... 28.1 5.22 Fire, Crimes Relating To...................................................................... 29 5.24 Firearms and Dangerous Weapons....................................................... 30 5.26 Repealed................................................................................................ 34 5.27 Fireworks.............................................................................................. 34 5.28 Frauds, Swindles and False Representations .... .................................... 37 5.30 Noise Abatement and Control............................................................... 38 5.32 Park Regulations................................................................................... 44 5.34 Persons, Crimes Relating To................................................................ 50 5.36 Property, Crimes Relating To............................................................... 52 5.38 Offenses Against the Public Morals ..................................................... 53 5.40 Public Officers, Crimes Relating To ..................................................... 56 5.42 Public Peace, Crimes Relating To ........................................................ 58 5.46 Miscellaneous Crimes........................................................................... 59 5.48 Violations Bureau - Bail Regulations ............................................... 60.1 5.50 Penalties and Court Costs..................................................................... 62 5.55 Emergency Response Cost Recovery ................................................... 64 5-1 (Revised 5/03) Edmonds City Code 5.04.020 Repealed and recodified. [Ord. 2853 § 5, 1991]. 5.04.030 Repealed and recodified (see RCW 66.44.100). [Ord. 2853 § 6, 1991]. 5.04.030 Chapter 5.05 ANIMAL CONTROL' Sections: facsimile of official ID card — 5.05.001 Penalty 66.44.340 Employees 18 years and over allowed to sell and carry beer 5.05.010 and wine for class E and/or F 5.05.020 licensed employees 66.44.350 Employees, 18 years and over 5.05.030 allowed to serve and carry 5.05.040 liquor 66.44.365 Juvenile driving privileges — 5.05.060 Alcohol or drug violation 66.44.370 Resisting or opposing officers in 5.05.080 enforcement of title. [Ord. 2853 § 4, 1991; Ord. 2654 § 3, 1988; Ord. 2573 § 1, 1986; Ord. 2531, 1985]. 5.04.020 Repealed and recodified. [Ord. 2853 § 5, 1991]. 5.04.030 Repealed and recodified (see RCW 66.44.100). [Ord. 2853 § 6, 1991]. 5.04.030 Chapter 5.05 ANIMAL CONTROL' Sections: 5.05.001 Introduction and purpose. 5.05.002 Penalties — Infraction unless otherwise designated. 5.05.010 Definitions. 5.05.020 Dog licensing. 5.05.025 Cat licensing. 5.05.030 Fees authorized. 5.05.040 Animal bites to be reported. 5.05.050 Running at large prohibited. 5.05.060 Dogs on public grounds. 5.05.070 Animal waste. 5.05.080 Confining dogs in season. 5.05.090 Rabies notice. 5.05.115 Nuisances defined. 5.05.120 Nuisance — Notice and order to abate. 5.05.121 Potentially dangerous dogs. 5.05.122 Dangerous dogs. 5.05.123 Appeal. 5.05.124 Disposition of seized and removed animals — Bond requirements. 5.05.126 Impound procedures. 5.05.127.1 Spay or neuter of owner - surrendered and stray animals required. 5.05.127.2 Animal benefit fund established. 5.05.127.3 Definitions and integration of initiative provisions. 5.05.127.4 Failure to spay or neuter — Penalties. 5.05.128 Animal cruelty. 5.05.128.1 Use of domestic dogs and cats as bait. 5.05.129 Guard dogs. 5.05.130 Covered animal regulations. 5.05.131 Wild animals. 5.05.132 Inherently dangerous animal. 1. Prior legislation: Ords. 2711, 2720, 2782, 2853, 2975, 3033, 3040, 3073, 3322, 3435 and 3438. 5-7 (Revised 5/03) 5.05.001 5.05.133 Miscellaneous regulations. 5.05.135 No duty created. 5.05.140 Repealed. 5.05.141 Additional enforcement. 5.05.142 Severability. 5.05.001 Introduction and purpose. The purpose of this chapter is to provide for the reasonable regulation of animals as well as promote the public's health, safety and wel- fare. It is the specific intent of this chapter to place the responsibility and obligation of com- plying with its requirements upon the owners and keepers of animals. [Ord. 3451 § 1, 2003]. 5.05.002 Penalties — Infraction unless otherwise designated. Unless otherwise set forth in this chapter, a violation of any provision of this chapter shall constitute a Class I civil infraction pursuant to Chapter 7.80 RCW. Issuance and disposition of infractions issued for violations of this chapter shall be in accordance with Chapter 7.80 RCW. The penalty for violation of a pro- vision of this chapter shall be $100.00. The penalty for a second or subsequent offense in violation of the provision of this chapter within two years shall be $250.00. [Ord. 3451 § 1, 2003]. 5.05.010 Definitions. A. "Animal control authority" means the person, association or corporation, appointed or authorized by the city of Edmonds and/or the chief of police or his designee, to enforce the provisions of this chapter and all other ordinances of the city pertaining to animal control. B. "Animal control officers" means offic- ers employed by the animal control authority and includes police officers. C. "At large" means off the premises of the owner and not under the immediate control of the owner, member of the owner's immediate family, or person authorized by the owner, by (Revised 5/03) 5-8 means of a leash, cord or chain no longer than eight feet. D. "Covered animal" means hoofed ani- mals usually found on farms, such as horses, ponies, mules, donkeys, bovine animal, sheep, goats and/or swine. E. "Dangerous dog" means any dog that, according to the records of the animal control authority, has: (1) inflicted severe injury on a human being without provocation on public or private property; (2) killed a domestic animal without provocation while off the owner's property; or (3) been previously found to be potentially dangerous, the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals; pro- vided, however, that an animal shall not be considered a "dangerous dog" if the threat, injury, or damage was sustained by a person who, at the time, was committing a willful tres- pass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have tor- mented, abused, or assaulted the dog or was committing or attempting to commit a crime. F. "Domestic animal" means any animal that is usually tamed and bred by humans. G. "Guard dog" means any member of the dog family which has been trained or repre- sented as trained to protect persons and/or property by virtue of exhibiting hostile pro- pensities and aggressiveness to unauthorized persons. H. "Inherently dangerous animal" means any live member of the Canidae, Felidae, Ursidae, and Reptilia families, including hybrids thereof, which, due to its inherent nature, may be considered dangerous to humans. Inherently dangerous animals include but are not necessarily limited to: 1. Canidae, meaning and including any member of the dog family not customarily domesticated by man, or any hybrids thereof, but not including domestic dogs and wolf Edmonds City Code hybrids (cross between a wolf and a domestic dog). 2. Felidae, meaning and including any member of the cat family not customarily domesticated by man, or any hybrids thereof, but not including domestic cats. 3. Ursidae, meaning and including any member of the bear family, or any hybrids thereof. 4. Reptilia, meaning venomous and "devenomized" reptiles, including but not nec- essarily limited to all members of the follow- ing families: Helodermidae (gila monster), Viperidae (pit vipers), Crotalidae (rattle- snakes), Atractaspidae (mole vipers), Hydro- phiidae (sea snakes), and Elapidae (coral snakes and cobras). 5. Colubridae snakes which are rear fanged, including, but not necessarily limited to dispholidus typus (boomslangs), thebtornis kirtlandii (African twig or vine snake), and rhabdophis (keelbacks). 6. Colubridae snakes which reach a length of 10 feet and over, including but not necessarily limited to green anaconda, reticu- lated pythons, Burmese python, albino Indian python, and African rock python. 7. Crocodilia, meaning and including crocodiles, alligators and caimans. I. "Inhumane treatment" means every act or omission whereby unnecessary or unjustifi- able physical pain or suffering is caused or per- mitted. J. "Own" means owning, keeping, leasing, possessing or harboring any animal. "Owner" means any person having an interest or right of possession to an animal or any person having control, custody or possession of an animal or by reason of the animal being seen residing consistently at a location, shall be presumed to be the owner. K. "Person" means any person, firm, cor- poration or association. L. "Potentially dangerous dog" means any dog that when unprovoked: (1) inflicts bites on a human or a domestic animal either on public 5.05.020 or private property; or (2) chases or approaches a person upon the streets, side- walks, or any public grounds in a menacing fashion or apparent attitude of attack, or any dog with a known propensity, tendency, or dis- position to attack unprovoked, to cause injury or otherwise to threaten the safety of humans or domestic animals. M. "Poultry" means domestic fowl nor- mally raised for eggs or meat, and includes chickens, turkeys, ducks and geese. N. "Proper enclosure of a dangerous dog" means, while on the owner's property, a dan- gerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog. O. "Severe injury" means any physical injury that results in broken bones or disfigur- ing lacerations requiring multiple sutures or cosmetic surgery. P. "Vicious animal" means any animal other than a "dangerous dog" or "potentially dangerous dog" that endangers the safety of any person or domestic animal by biting or attacking without provocation. Q. "Wild animal" means any animal living in its natural state and native to the United States and not normally domesticated, raised or bred by humans. [Ord. 3451 § 1, 2003]. 5.05.020 Dog licensing. A. License Required. It is unlawful for any person to own any dog over the age of three months within the city unless the owner has first procured a license required by this chap- ter. B. Dogs Excluded from License Require- ments. The licensing provisions of this section shall not apply to the following dogs: 1. Dogs whose owners are nonresidents temporarily within the city; 5-9 (Revised 5/03) 5.05.020 2. Dogs brought into the city for the pur- pose of participating in any dog show; 3. Seeing -eye guide and service dogs properly trained to assist blind or impaired per- sons, when such dogs are actually being used by a blind or impaired person, for the purpose of aiding them from place to place. Blind or impaired persons include but are not necessar- ily limited to persons who are blind, deaf, have limited mobility, or have psychological impairment; or 4. Dogs whose owner maintains them for the sole purpose of commercial breeding and/or training, hunting, or boarding, so long as the dogs are restricted within a building or fenced enclosure intended and designed only for the purpose of kenneling dogs and are not permitted to run at large. C. License Tags Issued and Fees. The police department, or such other person, firm or entity authorized by the city council, shall issue a dog license upon the payment of a fee as provided for by this subsection. Upon issu- ance of a license, a metal tag corresponding to the number of the application shall be fur- nished to the applicant. 1. The applicant shall cause the same to be attached to the dog. Tags shall not be trans- ferable from one dog to another. 2. The following fees shall be paid for licenses required under this chapter: a. For spayed females or neutered males with a veterinarian certificate or signed affidavit: an annual license fee of $5.00; pro- vided, that a $3.00 fee shall be charged to per- sons over the age of 65; b. For dogs less than six months but over three months of age, temporary tags issued: a license fee of $5.00. Persons over the age of 65 shall receive a rebate of $2.00 at the time of relicensing, upon certification by a vet- erinarian that the dog has been spayed or neu- tered; c. Unspayed females and unneutered males over six months of age: $18.00; d. Replacement of metal tag: $1.00. (Revised 5/03) 5-10 3. An owner of an animal previously licensed for which a "permanent" license has been issued under the provisions of this section as the same existed prior to December 16, 1986, shall not be required to relicense or renew said license for such animal. D. License Issuance — Nonresidents. Licenses shall be issued to nonresidents of the city of Edmonds who reside in proximity to the city and who desire to purchase an annual license for their dog for identification pur- poses. The annual fee shall be $10.00 per year per dog. Upon payment of said fee, a tag shall be issued which shall be consistent with the tags issued annually by the city of Edmonds for dogs required to be licensed under this chapter. The dogs permitted to be licensed by this section shall not be eligible for temporary licenses. Nothing in this chapter shall require the obtaining of such license nor shall failure to obtain such a license as provided by this sec- tion subject any dog owner to the penalties provided for in this section; provided further, that nothing in this section shall be construed to relieve or otherwise excuse the owner of any dog from complying with all applicable rules and regulations imposed by any county, city or town having jurisdiction over the residence where the dog is harbored or maintained. E. Fee Due Dates — Penalty. 1. All license fees shall be due and pay- able on or before the first business day of Jan- uary in each year. If the license fees are not paid on or before March 1st of each year, the applicant shall pay the following late fees in addition to the regular fee set forth in subsec- tion C of this section: a. Unspayed and unneutered dogs: $18.00; b. Spayed and neutered dogs: $10.00. 2. Whenever any person shall come into charge, care or control of any dog, the original license application and fee therefor shall become due and payable within 30 days of said date, and the late fee provided above shall be Edmonds City Code imposed 60 days after the date said license fee and application become due and payable. F. Fee Waiver — Blind and Disabled. Guide and service dogs, as defined in subsection (B)(3) of this section, certified to assist the impaired, and service dogs certified to assist the disabled, may be issued a permanent license at no charge upon the request of a blind or otherwise impaired owner. G. Enforcement Procedure. All dogs not licensed under this section, or who do not exhibit the metal identification tag provided for in subsection C of this section, are declared to be public nuisances and shall be impounded as provided in ECC 5.05.126. [Ord. 3451 § 1, 2003]. 5.05.025 Cat licensing. A nonmandatory lifetime cat license is available, upon request of the owner, for pur- poses of identification. The fee for such license shall be $5.00. [Ord. 3451 § 1, 2003]. 5.05.030 Fees authorized. A. In addition to the cost of publication of any notice as required by this chapter, prior to the release of animals in the custody of the ani- mal control authority, or its agents, to the reg- istered owners of said animals, the animal control authority shall be entitled to charge fees under this chapter as follows: 1. Impound: $20.00. 2. Board and room fees: $15.00/day dur- ing the first 72 hours of custody (or the actual cost incurred, whichever is greater). 3. All other services: cost incurred. B. Prior to the adoption of animals in the custody of the animal control authority, or its agents, the animal control authority shall be entitled to charge fees under this section as fol- lows: 1. Veterinary exam and spay/neuter fees for male or female canines or felines: $50.00 deposit (refundable as provided in ECC 5.05.127.1). 5.05.060 2. Adoption administration fee: $15.00 (nonrefundable). C. In addition, the contracted animal shelter provider shall be entitled to collect a reason- able room and board fee. [Ord. 3451 § 1, 2003]. 5.05.040 Animal bites to be reported. Every animal which bites a person shall be promptly reported to the animal control authority and shall thereupon be securely quar- antined at the direction of the animal control authority for a period of 10 days. At the discre- tion of the animal control authority, such quar- antine may be on the premises of the owner, at the shelter designated as the city's animal shel- ter or, at the owner's option and expense, in a veterinary hospital of the owner's choice. When an animal's owner is unknown, such quarantine shall be at the shelter designated as a city animal shelter or at a veterinary hospital. [Ord. 3451 § 1, 2003]. 5.05.050 Running at large prohibited. It shall be unlawful for the owner or person having charge, care, custody or control of any animal, with the exception of cats, to allow such animal to run at large during any hours of the day or night. This section shall not apply to dogs owned by the city or other law enforce- ment agencies and maintained as police K-9 units while under the custody and control of the trainer or keeper. [Ord. 3451 § 1, 2003]. 5.05.060 Dogs on public grounds. A. It shall be unlawful for an owner to allow any dog to stray and/or enter with or without a leash or other means of restraint upon any school ground, playfield, park, beach, waterfront or other public property. B. Notwithstanding the restrictions set forth in subsection A of this section, dogs accompanied by their owners may be walked or exercised while on leash in the following areas: 5-11 (Revised 5/03) 5.05.070 1. The inner trails of Yost Park, in the area commonly known as the Shell Valley area; and 2. Marina Beach Park, in the area south of the Union Oil loading terminal, such area being further described to be a walking strip of 50 feet in width at the entrance of and along the east end of Marina Beach Park South; and 3. The asphalted pathways in Sierra Park; and 4. The inner trails of Pine Ridge Park; and 5. All trails in Maplewood Park; and 6. The southeast wooded area of City Park; and 7. The turf area of Mathay-Ballinger Park; and 8. The asphalted pathways of Seaview Park. C. All dogs permitted in the areas desig- nated in subsection B of this section shall be on a leash except for dogs permitted in Marina Beach Park South. D. Nothing herein shall be determined to require the posting of notices to exclude ani- mals; provided, however, that such postings may be undertaken at the discretion of the manager of parks and recreation. E. The regulations under ECC 5.05.070 relating to animal waste and the removal and proper disposal of said waste will be strictly enforced. [Ord. 3451 § 1, 2003]. 5.05.070 Animal waste. A. It shall be unlawful for the owner or per- son having charge of any animal to permit, either willfully or by failure to exercise due care, such animal to commit a public nuisance by defecating in any area of the city other than the premises of the owner or person having charge or control of the animal, unless said owner or person having charge takes immedi- ate steps to remove and properly dispose of said feces. - B. It shall be unlawful for the owner or per- son having charge of any animal to take said (Revised 5/03) 5-12 animal off of the private property of said per- son without having in the possession of the owner or person having charge of the animal a proper means of disposal for the feces of the animal. C. "Disposal" is defined, for the purposes of this section, as the removal of feces by means of a bag, scoop or other device and an eventual disposal in a trash receptacle, by burying or by other means of lawful disposal. [Ord. 3451 § 1, 2003]. 5.05.080 Confining dogs in season. The owner or person having charge of any unspayed female dog shall confine such dog in a building or enclosed area during the period such dog is in season. [Ord. 3451 § 1, 2003]. 5.05.090 Rabies notice. A. If an animal is believed to have rabies or has been bitten by an animal suspected of hav- ing rabies, such animal shall be confined on the owner's premises and shall be subject to examination and observation of a veterinarian at the expense of the owner for a period of 10 days. The owner shall notify the city of the fact that his animal has been exposed to rabies and the animal control authority is empowered to have such animal removed from the owner's premises to a veterinary hospital for observa- tion for a period of up to 10 days at the owner's expense. B. It is unlawful for any person knowing or suspecting an animal has rabies to allow such animal to be taken off the owner's premises without the written permission of the animal control authority. Every owner or other per- son, upon ascertaining an animal is rabid, shall immediately notify the animal control author- ity or a police officer, who shall either remove the animal to the designated shelter or sum- marily destroy it. [Ord. 3451 § 1, 2003]. Edmonds City Code 5.05.115 Nuisances defined. A. All violations of this chapter are detri- mental to the public health, safety and welfare and are declared to be public nuisances. B. Nuisances are hereby defined to include: 1. Any animal which chases, runs after or jumps at vehicles using public streets and alleys; 2. Any animal which habitually snaps, growls, snarls, jumps upon or otherwise threat- ens persons lawfully using the public side- walks, 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 pre- mises not securely leashed on a line or con- fined and in the control of a person of suitable age and discretion to control or restrain such animal; 5. Any animal which howls, yelps, whines, barks or makes any noises in such a manner as to disturb any person or neighbor- hood to an unreasonable degree; 6. Animals kept, harbored or maintained and known to have a contagious disease, unless under the treatment of a licensed veter- manan; 7. Animals running in packs; 8. Any dog running at large within the city; 9. A female animal, whether licensed or not, while in season, accessible to other ani- mals for purposes other than controlled and planned breeding; 10. Any animal which causes damage to property other than the property of the ani- mal's owner or person having physical charge and control of the animal; or 11. Any animal maintained in violation of any provision of this chapter. C. All nuisances under this chapter shall be abated as provided in this chapter. In addition, 5.05.120 any owner or person having charge of any ani- mal who fails to abate such nuisance shall be guilty of a misdemeanor with a maximum pen- alty of $1,000 fine and/or 90 days in jail. [Ord. 3451 § 1, 20031. 5.05.120 Nuisance — Notice and order to abate. A. Notice — When Required. Whenever it shall be stated in writing by an animal control officer or by three or more persons having sep- arate residences or regularly employed in any neighborhood that any animal is a nuisance as defined in ECC 5.05.115, the animal control authority shall serve a notice of violation and order of abatement upon the owner of the ani- mal directing that the nuisance be abated. B. Notice — Final Determination Unless Appealed. The service of a notice of violation and order of abatement shall, unless timely appealed, be a final determination that the ani- mal is a nuisance and such nuisance must be immediately abated. C. Notice — Contents. The notice of viola- tion and order to abate a nuisance shall con- tain: 1. The name and address, if known, of the owner or person having physical charge and control of the animal if the identity of the owner cannot be reasonably ascertained; 2. The license number, if available, and description of the animal; 3. A statement that the animal control authority has determined the animal to be a nuisance and a description of the nuisance activity; 4. A statement that the nuisance activity must be immediately abated; 5. A statement that service of the notice of violation and order of abatement is a final determination unless appealed and that an appeal must be filed within five days of service of the notice of violation and order of abate- ment; 6. A copy of ECC 5.05.123 regarding appeal procedures; 5-13 (Revised 5/03) 5.05.121 7. A copy of ECC 5.05.124 regarding disposition of seized and removed animals. D. Notice — Service. Service of the notice of violation and order of abatement upon the owner of the animal may be made either by personal service to the owner, by posting such notice at the residence of the owner or by cer- tified mail to the last known address of the owner. E. Appeal of Notice of Violation and Order of Abatement. An appeal of a notice of viola- tion and order of abatement must be served upon the city of Edmonds police chief within five days of service of the notice of violation and order of abatement. Appeals shall be heard by the judge of the Edmonds municipal court and conducted in accordance with ECC 5.05.123. F. Penalty. Any person who wilfully fails to comply with an order to abate a nuisance is guilty of a misdemeanor. [Ord. 3451 § 1, 2003]. 5.05.121 Potentially dangerous dogs. A. Declaration. Upon declaration by the animal control authority that a dog is a poten- tially dangerous dog as defined in ECC 5.05.010, the owner shall be served with a potentially dangerous dog declaration. B. Declaration — Final Determination. The service of a potentially dangerous dog declara- tion shall be a final determination that the dog is a potentially dangerous dog. No appeal may be taken from a declaration of potentially dan- gerous dog. C. Notice — Service. Service of the poten- tially dangerous dog declaration upon the owner of the animal may be made either by personal service to the owner, by posting such notice at the residence of the owner or by cer- tified mail to the last known address of the owner. [Ord. 3451 § 1, 2003]. 5.05.122 Dangerous dogs. A. Declaration. Upon declaration by the animal control authority that a dog is a danger- (Revised 5/03) 5-14 ous dog as defined in ECC 5.05.010, the owner shall be served with a dangerous dog declara- tion. B. Declaration — Final Determination Unless Appealed. The service of a dangerous dog declaration shall, unless timely appealed, be a final determination that the dog is a dan- gerous dog. C. Notice — Contents of Dangerous Dog Declaration. A dangerous dog declaration shall contain: 1. The name and address, if known, of the owner of the animal; 2. The license number, if available, and description of the animal or dog; 3. A statement that the animal control authority has found the animal to be a danger- ous dog as defined in ECC 5.05.0 10 and a con- cise description explaining why the declara- tion has been made; 4. A statement that service of the dan- gerous dog declaration is a final determination unless appealed and that an appeal must be filed within five days of service of the danger- ous dog declaration; 5. A copy of ECC 5.05.123 regarding appeal procedures; 6. A copy of ECC 5.05.124 regarding disposition of seized and removed animals. D. Notice — Service. Service of the danger- ous dog declaration upon the owner of the ani- mal may be made either by personal service to the owner, by posting such notice at the resi- dence of the owner or by certified mail to the last known address of the owner. E. Appeal. An appeal of a dangerous dog declaration must be served upon the city of Edmonds police chief within five days of ser- vice of the dangerous dog declaration. Appeals shall be heard by the judge of the Edmonds municipal court and conducted in accordance with ECC 5.05.123. F. Requirements for Dangerous Dogs. Strict compliance with each of the following conditions is required to keep a dangerous dog in the city of Edmonds: Edmonds City Code 1. In addition to any license required under the provisions of this chapter, all dog owners who are required to obtain a certificate of registration, pursuant to the dangerous dog provisions of Chapter 16.08 RCW, must obtain a city of Edmonds dangerous dog certif- icate of registration. The applicant shall apply for such certificate upon forms supplied by the city clerk and pay an annual fee of $100.00, which shall not be prorated for any part of a year. A copy of a valid certificate of registra- tion issued pursuant to Chapter 16.08 RCW shall be attached to the application. The city of Edmonds dangerous dog certificate of registra- tion shall be issued upon completing the requirements of this section. 2. The owner of dangerous dog shall provide for proper enclosure of a dangerous dog. A dangerous dog may not be outside of the dwelling of the owner or outside of a proper enclosure of a dangerous dog unless muzzled and restrained by a substantial chain or leash and under the control of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog nor inter- fere with its vision or respiration but shall pre- vent it from biting any person or animal. 3. The owner of a dangerous dog shall secure liability insurance coverage or a surety bond as required by Chapter 16.08 RCW. 4. The owner of a dangerous dog shall be required to post the premises with a clearly visible warning sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warn- ing symbol that informs children of the pres- ence of a dangerous dog. G. Failure to Comply with Dangerous Dog Requirements. Any dangerous dog shall be seized and removed by animal control officer if: 1. The dog is not validly registered under this chapter and Chapter 16.08 RCW; 2. The owner does not secure liability insurance coverage or a surety bond as required by Chapter 16.08 RCW; 5.05.123 3. The dog is not maintained in a proper enclosure; 4. The dog is outside of the dwelling of the owner or outside of a proper enclosure and not muzzled and restrained by a substantial chain or leash and under the control of a responsible person; or 5. The owner has failed to post the prop- erty with warning signs as required. H. Penalty. Failing to comply with any dan- gerous dog requirement is a gross misde- meanor. A dangerous dog seized and removed in violation of dangerous dog requirements shall not be released during investigation of or prosecution for failure to comply with danger- ous dog requirements. Any person convicted of failing to comply with dangerous dog requirements shall make restitution to the city of Edmonds for all costs incurred in boarding and disposition of such dog and shall forfeit any interest in such dog. I. The provisions of this section shall not apply to dogs used by law enforcement offi- cials for police work. [Ord. 3451 § 1, 2003]. 5.05.123 Appeal. A. Filing. A notice of appeal, substantially in the form prescribed, shall be filed with the Edmonds municipal court and the chief of police not more than five business days after service of the order to abate a nuisance or dan- gerous dog declaration. Failure to timely file a notice of appeal shall constitute a waiver of the right to appeal the determination of the order to abate a nuisance or declaration of dangerous dog. B. Form. An appeal pursuant to this chapter shall be written and shall conform substan- tially to the following requirements: 1. A caption reading: "Appeal of giving the names of all appellants participating in the appeal; 2. A brief statement setting forth the legal interest of each of the appellants involved in the notice and order; 5-15 (Revised 5/03) 5.05.124 3. A brief statement in concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant; 4. A brief statement in concise language of the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside; 5. Signatures of all parties named as appellants, and their official mailing addresses; and 6. Verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matter stated in the appeal. C. Scheduling of Hearing. Upon receipt of a timely filed notice of appeal, a hearing shall be scheduled not more than 60 days from the date of the filing of the notice of appeal. Writ- ten notice of the date of the hearing shall be sent to the appellants at least 10 days prior to the scheduled hearing date. The failure of the appellant to appear at the hearing shall result in a denial of the appeal and upholding of the order to abate a nuisance or declaration of dan- gerous dog. D. Enforcement Stayed During Pendency of Appeal. Unless otherwise determined by the hearing examiner, enforcement of the order to abate a nuisance or declaration of dangerous dog shall be stayed during the pendency of the appeal. E. Presentation of Evidence. At the appeal hearing, the hearing examiner shall take evi- dence relevant to the order to abate a nuisance or dangerous dog declaration. Testimony may be provided in the form of a signed written statement pursuant to RCW 9A.72.085. F. Decision of the Court. The judge of the Edmonds municipal court may uphold, dis- miss, or modify the order to abate nuisance or declaration of dangerous dog. A written order shall be prepared and signed by the judge. The decision of the judge of the Edmonds munici- pal court shall be a final administrative deci- sion appealable to the Snohomish County (Revised 5/03) 5.-16 superior court within 30 days of the final writ- ten order. [Ord. 3451 § 1, 2003]. 5.05.124 Disposition of seized and removed animals — Bond requirements. Any owner whose domestic animal is seized and removed pursuant to ECC 5.05.128 (Ani- mal cruelty) or ECC 5.05.122 (Dangerous dogs) shall, upon a finding of probable cause by the Edmonds municipal court, be required to post a bond or security within five days of such probable cause finding in an amount suf- ficient to provide for the animal's care for a minimum of 60 days from the seizure date. Failure to post such bond or security shall authorize the city of Edmonds or its agent to euthanize the animal or find a responsible per- son to adopt the animal. The city of Edmonds may euthanize severely injured, diseased, or suffering animals at any time. [Ord. 3451 § 1, 2003]. 5.05.126 Impound procedures. A. Authority. The animal control authority and its authorized representatives are autho- rized to apprehend and impound any animals in violation of this chapter. B. Notice of Impound. When any licensed animal is impounded, the officer or department impounding such animal shall notify the owner of the impoundment and the reason therefor by mail, telephone or by leaving writ- ten notice at the address contained in the license application. It shall be the owner's responsibility to take such measures for redeeming such animal. Neither the city nor any officer or agent of the city shall be legally or financially responsible for failing to notify an animal owner under this chapter. C. Redemption of Animals by Owner. Unless otherwise provided in this chapter, the owner of an impounded animal may redeem the animal at any time prior to the release for adoption or disposal by the city and shall be entitled to the possession thereof upon pay - Edmonds City Code ment of all legal charges and expenses inciden- tal to impound and keeping of said animal. D. Adoption of Impounded Animals. If an impounded animal is licensed and known to belong to someone who has been unable to claim the animal within 72 hours the animal control authority may, at its discretion, extend the impound period for up to 10 days prior to release of the animal for adoption. E. Disposition. Any animal not redeemed or adopted may be destroyed or otherwise dis- posed of by the animal control authority. The mayor is authorized to enter into contracts for disposal with appropriate agencies, not includ- ing vivisectionists. F. Disposal of Certain Animals. It is lawful for any police officer or animal control officer to kill any dangerous or vicious dog or other animal found at large which cannot, in their judgment, be safely taken up and impounded. G. Impounding Sick or Injured Animals. When in the judgment of a licensed veterinar- ian or the animal control authority, an animal should be destroyed for humane reasons, such animal may not be redeemed. The animal con- trol authority or its agents shall not be held lia- ble for the destruction of said animal. H. Hindrance to Impounding. No person shall willfully: 1. Prevent or hinder the impounding of any animal found in violation of this chapter; 2. Remove the animal from the desig- nated shelter without the authority of the chief of police, the animal control authority or the officer in charge of the designated shelter; 3. Remove the animal from the desig- nated shelter without paying all lawful charges against the animal; or 4. Resist or obstruct the animal control authority or its officers in the performance of its duties. [Ord. 3451 § 1, 2003]. 5.05.127.1 5.05.127.1 Spay or neuter of owner - surrendered and stray animals required. A. Stray dogs and cats at least two months of age from the city's animal control service area that are placed at and retained by the city designated shelter, and dogs and cats owned by citizens residing within the city's animal con- trol service area that are surrendered at the city's designated shelter, shall be spayed or neutered, and verification of said surgery shall be provided before animals are adopted. B. The city's designated veterinarian(s) shall determine if said animals are appropriate candidates for surgery. Dogs and cats deter- mined by the city's designated veterinarian to be permanently inappropriate candidates for surgery may be adopted without surgery. Dogs and cats at least two months of age who are determined to be temporarily inappropriate candidates for surgery, and dogs and cats under two months of age, may be adopted without surgery, providing that the city's des- ignated shelter shall collect and hold in trust for the city of Edmonds a $50.00 deposit from the adopter. Said deposit shall be returned to the adopter upon receipt of written verification that the animal has been spayed or neutered within six months of adoption. If the spay or neuter surgery is performed by a city desig- nated veterinarian, the basic surgical costs will be paid by the city as outlined in ECC 5.05.127.2. If the animal is determined to be a permanently inappropriate surgical candidate, the surgery will not be required. In such cases the deposit shall be returned to the adopter, upon written verification by a veterinarian of the animal's inappropriate surgical candidacy. Failure to have the animal spayed or neutered within the specified time period will result in the forfeiture of the deposit and the deposit shall be placed in the city of Edmonds animal benefit fund. [Ord. 3451 § 1, 2003]. 5-17 (Revised 5/03) 5.05.127.2 5.05.127.2 Animal benefit fund established. A. There is hereby established an animal benefit fund for the purpose of financially assisting low-income city of Edmonds resi- dents in obtaining spay or neuter services for their dogs or cats, and providing for spay and neuter services for stray dogs and cats from the city's animal control service area that are placed at and retained by, the city designated shelter, and dogs and cats owned by citizens residing within the city's animal control ser- vice area that are surrendered at the city desig- nated shelter prior to their adoption back into the community. Application may be made to the city of Edmonds animal benefit fund to effectuate this purpose. B. The city may grant a financial assistance voucher to a resident in the amount of $30.00 to be applied toward the costs of obtaining spay or neuter services for an animal by the city's designated veterinarian(s); provided, that except in cases involving the spay or neu- ter of owner -surrendered or stray animals that will be returned to the city's designated animal shelter, proof of the animal owner's city of Edmonds residency, as well as a statement of financial need, shall be required as a prerequi- site to receiving said financial assistance voucher. C. After performing the necessary spay or neuter surgery upon an animal, the city's des- ignated veterinarian(s) may submit an invoice to the city of Edmonds requesting reimburse- ment. The invoice will be paid at full cost of agreed upon prevailing industry standards for spay and neuter services for stray dogs and cats from the city's animal control service area that are placed at and retained by the city desig- nated shelter, and dogs and cats owned by cit- izens residing within the city's animal control service area that are surrendered at the city designated shelter. D. After performing the necessary spay or neuter surgeries upon an animal, the city's des- ignated veterinarian(s) may submit an invoice for $30.00 for the financial assistance voucher. (Revised 5/03) 5-18 For the financial assistance voucher, the invoice shall be submitted with a photocopy of said voucher attached, shall be signed by a vet- erinarian, and shall contain the following information: 1. Identification of the animal. 2. Identification of the person request- ing the spay or neuter services for the animal. 3. Identification of the specific type of spay or neuter services performed. 4. Date of performance of the spay or neuter services. E. Within 30 days of receiving an invoice for spay or neuter services performed by the city's designated veterinarian(s), the city shall provide payment to the designated veterinarian in the amount of $30.00 per financial assis- tance voucher or paid at full cost of agreed upon prevailing industry standards for spay and neuter services for stray dogs and cats from the city's animal control service area that are placed at and retained by the city desig- nated shelter, and dogs and cats owned by cit- izens residing within the city's animal control service area that are surrendered at the city designated shelter. Said amount shall be drawn exclusively from the city's animal benefit fund. [Ord. 3451 § 1, 2003]. 5.05.127.3 Definitions and integration of initiative provisions. ECC 5.05.127.1 and 5.05.127.2 have been adopted pursuant to a citizens initiative. The initiative's provisions utilize terms which are not defined and in some cases are different than terms utilized in the ordinance codified in this chapter and/or in the day to day adminis- tration of the city's animal control system. A. Definitions: When used in ECC 5.05.127.1 and 5.05.127.2, these terms shall have the following definitions: 1. "Designated shelter" shall mean the location designated by ordinance or contract for the custody of stray or other animals by the animal control system of the city and shall include terms such as "designated kennel." Edmonds City Code 2. "Designated veterinarian(s)" shall mean the veterinarian(s), entity or organiza- tion with whom the city has contracted to per- form the services required under this chapter. 3. "Deposit" shall mean that portion of the adoption fee which is refundable upon proof of spaying/neutering of the adopted ani- mal. The term does not include administrative fees, fines, or other charges established by this chapter or other city ordinance. 4. "Agreed upon prevailing industry standards for spay and neuter services" shall be determined by reference to the rate estab- lished by ordinance or a contract with the des- ignated veterinarian(s). B. Integration. The provisions of ECC 5.05.127.1 and 5.05.127.2 have been adopted pursuant to initiative (hereinafter "initiative provisions"). Initiatives are prohibited by state law from imposing administrative detail or from exercising powers delegated specifically to the city council. In the event of ambiguity or conflict regarding the provisions of ECC 5.05.127.1 or 5.05.127.2, the following rules of interpretation shall apply: 1. With respect to the interpretation of any term or concept of the initiative provisions relating to the adoption of dogs or cats from the city's designated shelter, any ambiguity or conflict relating to adoption shall be inter- preted to require or encourage the spaying or neutering of dogs or cats adopted from the city's animal control system. 2. With respect to ambiguities or con- flicts between the initiative provisions and administrative provisions of city code, or any contract approved by the city council, the administrative provisions of city code or a con- tract shall control. 3. With respect to ambiguity or conflict between the initiative provisions and any exer- cise of a power delegated to the legislative power of the city council by statute or the Washington State Constitution, the exercise of the city council's legislative power shall con- trol. 5.05.128 4. Any attempt by the initiative provi- sions, including Section 3 of Ordinance 3435, to exercise a power in excess of powers avail- able through the initiative process and/or to exercise a power which is unavailable to the city shall be void and interpreted in a manner consistent with the scope of initiative powers. [Ord. 3451 § 1, 2003]. 5.05.127.4 Failure to spay or neuter — Penalties. A. Any person who fails to spay or neuter an animal adopted from the city's designated shelter shall be guilty of an infraction. B. Penalties. 1. First infraction: punishable by a fine of $25.00. 2. Second infraction: punishable by a fine of $50.00. 3. Third and subsequent infractions: punishable by a fine of $100.00. 4. If an animal is taken up by animal control while running at large in violation of ECC 5.05.050, the fines established above shall be double. 5. All fines set forth herein shall be in addition to any other fine or deposit forfeiture otherwise provided by city ordinance. [Ord. 3451 § 1, 20031. 5.05.128 Animal cruelty. A. A person is guilty of animal cruelty if the person knowingly, recklessly, or with criminal negligence inflicts unnecessary suf- fering or pain upon an animal. B. An owner of an animal is guilty of ani- mal cruelty if the owner knowingly, reck- lessly, or with criminal negligence: 1. Fails to provide the animal with nec- essary food, water, shelter, rest, sanitation, ventilation, space, or medical attention and the animal suffers unnecessary or unjustifiable physical pain as a result of the failure; or 2. Abandons the animal. C. Animal cruelty is a misdemeanor. 5-19 (Revised 5/03) 5.05.128.1 D. In any prosecution for animal cruelty, it shall be an affirmative defense, if established by the defendant by a preponderance of the evidence, that the defendant's failure was due to economic distress beyond the defendant's control. E. If a law enforcement officer or animal control officer has probable cause to believe that an owner of a domestic animal has com- mitted animal cruelty, the officer may autho- rize, with a warrant, the seizure and removal of the animal to a suitable place for feeding and care. An animal may be seized and removed without a warrant only if the animal is in an immediate life-threatening condition. F. Upon conviction for animal cruelty, the defendant shall make restitution to the city of Edmonds for all veterinary and kennel expenses incurred by the city. G. Any animal seized and removed from an owner pursuant to this section shall not there- after be released to the owner during investiga- tion of or prosecution for animal cruelty. Upon conviction for animal cruelty the owner shall forfeit any interest in the seized and removed animal. [Ord. 3451 § 1, 2003]. 5.05.128.1 Use of domestic dogs and cats as bait. Chapter 226, Section 1, Laws of 1990, including all future amendments, is hereby adopted by reference. [Ord. 3451 § 1, 2003]. 5.05.129 Guard dogs. Guard dogs shall be kept contained within a building or on a leash under the control of a person, or enclosed within a solid or chain link fence of sufficient height to prevent the dog from reaching persons off the property. The owner shall restrain the guard dog in such a manner that the dog is unable to reach those persons using the normal ingress and egress to and from the property. The owner shall post signs in two conspicuous places on the prop- erty warning that a guard dog is on the pre- (Revised 5/03) 5-20 mises. The owner must indicate at the time of obtaining a dog license that the dog is a guard dog. [Ord. 3451 § 1, 2003]. 5.05.130 Covered animal regulations. A. Required Open Space and Minimum Dimensional Requirements for Pasturing. There shall be not less than 12,000 square feet of open space for maintaining and pasturing the first covered animal on any parcel of prop- erty, and an additional 8,000 square feet shall be required for each additional covered ani- mal. In addition, the following minimum dimensional requirements for open space and pasturing purposes shall be provided: 1. The pasture area shall have a mini- mum width of 80 feet. 2. The stable housing the covered ani- mal shall be set back at least 30 feet from any side, rear and front property lines. 3. In the event the covered animal gives birth, thereby exceeding the number of cov- ered animals allowed by the minimum set forth in this subsection, the owner of said animals and/or the occupier of the premises shall con- form to the number of said animals or the dimensional requirements within one year of the birth of said animals. B. Fencing. The owner and/or tenant or other occupier of the premises upon which any covered animal is maintained for more than seven consecutive days within the city limits shall provide adequate fencing in a good state of repair to guarantee the confinement of said animal within said fence, which fence shall completely enclose an area describing at least the minimum area of open space and pasturing, including the minimum dimensional require- ments. C. Waste Disposal. The owner of each cov- ered animal and the owner and/or occupier of the premises upon which said animal is main- tained within the city limits shall guarantee and, at all times, maintain the premises upon which the covered animal is maintained in a sanitary and neat condition, including, but not Edmonds City Code limited to, disposal of manure or other waste material from said animal. An unreasonable accumulation of flies or other insects or pests within the property on which said animal is maintained, and/or noxious or offensive odors, or the unreasonable accumulation of flies, insects or other pests transcending into neigh- boring or vicinal real property, shall be pre- sumed to be inadequate sanitary conditions. D. Riding on Sidewalks. It is unlawful for any person to ride or lead a covered animal on any sidewalk within the city limits, unless oth- erwise specifically designated by the city's engineer for such use. No person shall ride or lead two or more covered animals abreast on any city street. E. Public Parks, Beaches and/or Play- grounds. Unless otherwise directed by the director of parks and recreation, it is unlawful for any person to ride, lead or otherwise permit any covered animal to be within or on any pub- lic park, beach or playground within the city of Edmonds, whether owned by, leased or other- wise under the direct supervision of the city, or to ride, lead or permit any said animal to be within or on the private property of another, without the consent of the owner of said prop- erty; provided, however, the director of parks and recreation is authorized to post a notice or notices of specific areas in any particular pub- lic park, beach or playground within the city of Edmonds where said animals may be permit- ted under such circumstances as may be required by the director of parks and recre- ation. Said notices shall be placed in a conspic- uous place or places at each drive-in or pedestrian access provided by the city to such public parks, beaches and/or playgrounds. In the event the director of parks and recreation so determines and posts notices as provided in this subsection, he shall maintain a list of said parks, beaches and/or playgrounds, shall file a copy of the same with the city clerk, and said list shall be open and available for public inspection at all business hours of the office of the city clerk. 5.05.132 F. Business Area. No person shall leave any covered animal unattended, whether teth- ered or untethered, within any area of the city zoned for commercial use by the city zoning code. G. Areas of Maintenance — Zoning and Related Ordinances. Areas wherein covered animals may be maintained or pastured within the city limits are those set forth by the zoning code. In the event of conflict between any dimensional requirements set forth in this sec- tion and the requirements set forth in the zon- ing code, the regulation requiring the greatest open space or other dimensional requirement shall prevail. In the event any other provision of Edmonds City Code is in conflict with this section relative to said animals, the terms of this section shall prevail. H. Variances. Where there may be struc- tures of less than the minimum dimensional requirements which existed prior to September 6, 1977, the owner of the premises may apply to the planning/zoning departments' hearing examiner for a variance from the strict require- ments of this section. [Ord. 3451 § 1, 2003]. 5.05.131 Wild animals. No person shall own any wild animal unless he has obtained a permit from the State Game Department and/or Federal Fish and Wildlife Service; provided, that the animal control authority may allow a person to temporarily care for an infant or injured wild animal native to this area which is homeless while the person acquires the necessary state and/or federal per- mits. Any person who violates this section shall be guilty of a misdemeanor, punishable by up to 90 days in jail and up to a $1,000 fine or both. [Ord. 3451 § 1, 2003]. 5.05.132 Inherently dangerous animal. It is unlawful for any person to possess or maintain an inherently dangerous animal within the city of Edmonds. Any person who violates this section shall be guilty of a misde- meanor, punishable by up to 90 days in jail and 5-20.1 (Revised 5/03) 5.05.133 up to a $1,000 fine or both. [Ord. 3451 § 1, 2003]. 5.05.133 Miscellaneous regulations. A. Duty When Striking Domestic Animal with Motor Vehicle. Any person who, while operating a motor vehicle, strikes a domestic animal shall stop at once, render reasonable assistance, and shall immediately report such injury or death to the animal's owner. In the event the owner of said animal cannot be ascertained and located, such person shall at once report the accident to the animal control authority. This subsection shall in no way be construed as requiring the person striking the animal with a motor vehicle to be financially responsible for any injury or death of the ani- mal. B. Animal Pens — When Prohibited. Who- ever shall keep, use or maintain, within the city, any pens, stable, lot, place or premises in which any animal or fowl may be confined, in such manner as to be nauseous, foul or offen- sive, or which shall from any cause become an annoyance to any person, family or commu- nity, shall be deemed to be maintained a nui- sance and be subject to the penalties prescribed in ECC 5.50.020. C. Slaughtering of Animals. It should be unlawful for any person to kill or slaughter, within the city, any animal or animals, the flesh of which is intended to be sold or offered for sale. [Ord. 3451 § 1, 2003]. 5.05.135 No duty created. Nothing contained in this chapter is intended to be, nor shall be, construed to create or form any special duties or relationships with specific individuals or otherwise constitute the basis for any liability on the part of the city or its officers, employees or agents, for any injury or damage resulting from the failure of any person to comply with the terms of this chap- ter, or by reason or in consequence of any com- mission with the implementation or enforce- ment of this chapter on the part of the city by (Revised 5/03) 5-20.2 its officers, employees, or agents. This chapter has been enacted for the welfare of the public as a whole, and not for any specific group or class. [Ord. 3451 § 1, 2003]. 5.05.140 Penalties. Repealed by Ord. 2853. [Ord. 3451 § 1, 2003]. 5.05.141 Additional enforcement. Notwithstanding the existence or use of any other remedy, the director of the animal con- trol authority may seek legal or equitable relief to enjoin any acts or practices and abate any conditions which constitute a violation of this code or other regulations herein adopted. [Ord. 3451 § 1, 20031. 5.05.142 Severability. If any section, subsection, clause, phrase or word of this chapter, or any provision adopted by reference in this chapter, is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter. [Ord. 3451 § 1, 2003]. Edmonds City Code Chapter 5.08 ANTICIPATORY OFFENSES Sections: 5.08.010 Anticipatory offenses prohibited. 5.08.010 Anticipatory offenses prohibited. The following statutes of the state of Wash- ington are adopted by reference: RCW 9A.28.020 (1),(2),(3)(e) Criminal attempt 9A.28.030 Criminal solicitation 9A.28.040 (1),(2),(3)(e) Criminal conspiracy [Ord. 2531, 1985]. 5.10.020 Chapter 5.10 BOATING CODE Sections: 5.10.010 Control of waters — City. 5.10.02.0 Definitions. 5.10.030 Application and justification. 5.10.040 Negligent operation. 5.10.050 Reckless operation. 5.10.052 Failure to stop vessel upon request of a law enforcement officer. 5.10.055 Watercraft — No wake zone. 5.10.060 Intoxication. 5.10.065 Internal combustion engines prohibited. 5.10.070 Accidents. 5.10.080 Swimming in certain areas declared unsafe. 5.10.081 Signs declaring no swimming. 5.10.082 Where no swimming signs placed. 5.10.085 Unlawful moorage and trespass. 5.10.090 Penalty where violation. 5.10.010 Control of waters — City. The city in the exercise of its police power, hereby assumes control and jurisdiction over all waters within its limits as extended by Laws of 1965 Chapter 7, RCW 35.21.160. [Ord. 2531, 1985; Ord. 1294 § 1, 1967]. 5.10.020 Definitions. A. "Owner" for the purpose of this chapter includes the owner of private property, or any lawful tenant or other occupant having been given lawful possession of such private prop- erty, or in the case of publicly owned property, any officer or otherwise delegated official hav- ing control over said publicly owned property who has rented or leased all or a portion of such publicly owned property, and any employee of such publicly owned property or facility. B. "Watercraft' means any contrivance used or capable of being used as a means of transportation on water specifically including but not limited to any boat, yacht, or house - 5 -20.3 (Revised 5/03) 5.10.030 boat, whether powered by engine, sail, motor or occupant or occupants. [Ord. 2531, 1985; Ord. 1579 § 1, 1971; Ord. 1294 § 1, 1967]. 5.10.030 Application and justification. The provisions of this chapter shall be appli- cable to all watercraft, and shall be construed to supplement United States laws and state laws and regulations when not expressly inconsistent therewith. [Ord. 2531, 1985; Ord. 1294 § 1, 1967]. 5.10.040 Negligent operation. It is unlawful for any person to operate a vessel in a negligent manner. For the purposes of this section, to "operate in a negligent man- ner" means operating a vessel in disregard of careful and prudent operation, or in disregard of careful and prudent rates of speed that are no greater than is reasonable and proper under the conditions existing at the point of opera- tion, taking into account the amount and char- acter of traffic, size of the body or water, freedom from obstruction to view ahead, effects of vessel wake, and so as not to unduly or unreasonably endanger life, limb, property or other rights of any person entitled to the use of such waters. [Ord. 2941 § 1, 1993; Ord. 2531, 1985; Ord. 1294 § 1, 1967]. 5.10.050 Reckless operation. It is unlawful for any person to operate any watercraft in a reckless manner, meaning in a manner acting carelessly and heedlessly in a willful and wanton disregard of the rights, safety or property of another. Any person vio- lating this section is guilty of a misdemeanor, punishable as provided by ECC 5.50.020. In addition, the court may order the defendant to pay restitution for any damages or injuries resulting from the offense. [Ord. 2941 § 2, 1993; Ord. 2853 § 12, 1991; Ord. 2531, 1985; Ord. 1294 § 1, 1967]. (Revised 5/03) 5-20.4 Edmonds City Code A. "Dangerous fireworks" means any fire- work not defined as a "common firework" under the provisions of RCW 70.77.136. 5.27.020 Sale, possession, use and discharge of fireworks unlawful. It is unlawful for any person to sell, possess, use, transfer, discharge, ignite or explode any fireworks within the city; provided that this prohibition shall not apply to the following activities, when authorized by a state license and city permit: A. Duly authorized public displays, as pro- vided in RCW 70.77.260; and B. Duly authorized use by religious organi- zations or private organizations or persons for religious or other specific purposes on an approved date and in an approved location, as provided in RCW 70.77.311(2). [Ord. 2888 § 1, 1993]. 5.27.030 Repealed by Ord. 2888. 5.27.040 Permit required for public display. It is unlawful for any person to hold, con- duct or engage in a public display of fireworks within the city without first having obtained and being the holder of a valid permit issued pursuant to the provisions of this chapter. [Ord. 2888 § 2, 1993]. 5.27.050 Repealed by Ord. 2888. 5.27.060 Permit fees. The fee for a "public display permit" for public display of fireworks shall be $30.00 payable in advance. In addition, in the event that the location specified in the permit has unusual parameters, limitations or risks requir- ing inspection over and above that anticipated in the establishment of this fee (that is in excess of one hour), a charge for inspection shall be paid by the applicant equal to the actual cost of providing the inspection. See 5.27.120 ECDC 19.75.065. [Ord. 3452 § 1, 2003; Ord. 2888 § 2, 19931. 5.27.070 Issuance — Nontransferable — Voiding. Each public display permit issued pursuant to this chapter shall be valid for the specific authorized public display event only, shall be used only by the designated permittee and shall be nontransferable. Any transfer or unau- thorized use of a permit is a violation of this chapter and shall void the permit granted in addition to all other sanctions provided in this code. [Ord. 2888 § 2, 1993]. 5.27.080 Application for public display permit. Applications for a permit to hold, conduct or operate a public display of fireworks shall be made to the Edmonds fire marshal at least 14 days prior to the scheduled event. Applicants shall meet all qualifications and requirements of state law regarding public display of fire- works and all fire and safety requirements as set forth in the standards for public display. [Ord. 2888 § 2, 1993]. 5.27.090 Repealed by Ord. 2888. 5.27.100 Repealed by Ord. 2888. 5.27.110 Repealed by Ord. 2888. 5.27.120 Standards for public fireworks displays. All public fireworks displays shall conform to the following minimum standards and con- ditions: A. All public fireworks displays must be planned, organized and discharged by a state - licensed pyrotechnician. B. A permit must be obtained from the city and approved by the fire marshal or designee prior to any display of public fireworks. The permit shall include the name of the applicant and his address, the name of the pyrotechni- 5-35 (Revised 5/03) 5.27.130 cian and his address; the exact location, date and time of the proposed display; the number, type and class of fireworks to be displayed, the manner in which the fireworks are being stored prior to the public fireworks display; and shall include the name and address of the insurance company providing the bond required. C. A drawing shall be submitted to the fire marshal showing a plan view of the fireworks discharge site and the surrounding area within a 500 -foot radius. The drawing shall include all structures, fences, barricades, streets, fields, streams and any other significant fac- tors that may be subjected to ignition or that may inhibit firefighting capabilities. D. When, in the discretion of the fire chief, such requirement is necessary to preserve the public health, safety and welfare, the permit may require that a city fire department pumper and a minimum of two trained city firefighters shall be on site 30 minutes prior to and after the shooting of the event. Firefighters shall receive a minimum compensation as per the Washing- ton State Chiefs Association's fee schedule. All compensation for fire department appara- tus will be as per the Washington State Chiefs Association's fee schedule and shall be desig- nated to the Edmonds General Fund. E. All combustible debris and trash shall be removed from the area of discharge for a dis- tance of 300 feet in all directions. F. All unfired or "dud" fireworks shall be disposed of in a safe manner. G. A minimum of two 2A -rated pressurized water fire extinguishers and one fire blanket shall be required to be at the fireworks dis- charge site. H. The permit may be immediately revoked at any time deemed necessary by the fire mar- shal or designee due to any noncompliance, weather conditions such as extremely low humidity or wind factor. The display may also be cancelled by accidental ignition of any form of combustible or flammable material in the vicinity due to falling debris from the display. (Revised 5/03) 5-36 I. Areas of public access shall be deter- mined by the fire marshal or designee and maintained in an approved manner. 5.27.130 Repealed by Ord. 2888. 5.27.140 Special effects for entertainment media. This chapter does not prohibit the assem- bling, compounding, use and display of special effects of whatever nature by any person engaged in the production of motion pictures, radio, or television productions, theatricals or operas when such use and display is a neces- sary part of the production and such person possesses a valid permit issued by the city of Edmonds to purchase, possess, transport or use such fireworks. 5.27.150 Nonprohibited acts — Signal purposes, forest protection. This chapter does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other transpor- tation agencies for signal purposes or illumina- tion or for use in forest protection activities. 5.27.160 Applicability. The provisions of this chapter shall be appli- cable to the sales and use of all fireworks except toy paper caps containing not more than 25/100 grain of explosive compound for each cap and trick or novelty device not classified as common fireworks. 5.27.170 Chapter in connection with state law. This chapter is intended to implement Chap- ter 70.77 RCW, and shall be construed in con- nection with that law and any and all rules or regulations issued pursuant thereto. 5.27.180 Enforcement. The fire chief, or designee, is authorized to enforce all provisions of this chapter and, in addition to criminal sanctions or civil reme- Edmonds City Code dies, he may revoke any permit issued pursu- ant to this chapter upon any failure or refusal of the permittee to comply with the orders and directives of the fire chief or designee, and/or to comply with any provisions of this chapter or the requirements of the community devel- opment code relating to temporary structures. 5.27.190 Repealed by Ord. 2900. 5.27.200 Repealed by Ord. 2888. 5.27.200 5-36.1 (Revised 5/03) This page left intentionally blank. (Revised 5/03) 5-36.2 Edmonds City Code for which both fire protection and other water service for such uses as domestic, commercial, industrial, or manufacturing purposes is sup- plied, there may be two service installations made to the premises: one for fire service only and one for other water service. These service functions may also be combined in a single service connection with the approval of the water division. In the event two separate service connec- tions are installed, the fire protection system so served shall consist of an automatic sprinkler system only, without additional outlets which could normally be used for other than fire sup- pression purposes. [Ord. 1561, 1971]. 7.40.040 Fire service monthly service charges. A. The minimum monthly rates for inspec- tion and maintenance of detector check sys- tems are fixed as follows: Fire Service or Detector Monthly Meter Size Service Charge 2" $5.00/month 3" $5.00/month 4" $5.00/month 6" $7.50/month 8" $10.00/month 10" $15.00/month Water used through the fire service line for fire suppression purposes and limited testing of the system will normally be furnished with- out any charge in addition to the monthly min- imum charge set forth for fire service meter or detector check meter. B. If a detector check meter proves, or proof is otherwise provided, leakage or unau- thorized usage of water which is not for fire suppression purposes, the customer shall pay for all water used at the applicable metered rate. The rates for water so used are fixed as follows: at the time of first written notice from the city water division the applicable rate shall be the same as the domestic rate for compara- ble size of domestic water meter for unautho- 7.40.050 rized use over 100 cubic feet per month; in the event the unauthorized use again occurs after the period of time specified in the written notice from the water division, the rate shall be double the domestic rate for a comparable size domestic water for such unauthorized use over 100 cubic feet per month. C. References made by this chapter as to existing metered rates shall be to Chapter 7.30 ECC. [Ord. 1561, 1971]. 7.40.050 Violation — Penalty. In addition to all civil rights of collection, liens, shut -offs and other remedies available to the city of Edmonds as prescribed by statute and ordinance for unauthorized use and/or nonpayment of charges, any person, firm, cor- poration or other organization, including any officers, directors and managers thereof, who violate any provision of this chapter shall be guilty of a misdemeanor and subject to penal- ties as set forth in ECC 5.50.020. [Ord. 1561, 1971]. 7-15 (Revised 5/03) 7.50.010 Chapter 7.50 STORMWATER MANAGEMENT UTILITY Sections: 7.50.010 Stormwater management utility created — Responsibilities. 7.50.020 Administrator of utility. 7.50.030 System or plan of stormwater management utility. 7.50.040 Transfer of property to stormwater management utility. 7.50.050 Rates and charges. 7.50.060 Administrative rate adjustment. 7.50.070 Stormwater management system development charge. 7.50.010 Stormwater management utility created — Responsibilities. There is hereby created and established, pur- suant to Chapters 35A.80 and 35.67 RCW, a storm and surface water utility to be known as the "Edmonds Stormwater Management Util- ity." All references to "the utility" in this chap- ter refer to the Edmonds stormwater manage- ment utility. The utility will have primary authority and responsibility for carrying out the city's comprehensive drainage and storm sewer plan, including responsibilities for plan- ning, design, construction, maintenance, ad- ministration, and operation of all city storm and surface water facilities, as well as establishing standards for design, construction, and mainte- nance of improvements on private property where these may affect storm and surface water management. 7.50.020 Administrator of utility. The director of community services shall be ex officio administrator of the utility. 7.50.030 System or plan of stormwater management utility. There is hereby specified and adopted the original system or plan of the stormwater man- agement utility, which shall include all proper- (Revised 5/03) 7-16 ties, interests, and physical and intangible rights of every nature owned or held by the city, however acquired, insofar as they relate to or concern storm or surface water sewage, further including, without limitation, all properties, interests and rights acquired by adverse posses- sion or by prescription, directly or through another, in and to the drainage or storage, or both, of storm or surface waters, or both, through, under, or over lands, watercourses, sloughs, streams, ponds, lakes, and swamps, all beginning in each instance at a point where storm or surface waters first enter the storm and surface water system of the city and ending in each instance at a point where the storm or sur- face waters exit from the storm and surface water system of the city, and in width to the full extent of inundation caused by storm or flood conditions. 7.50.040 Transfer of property to stormwater management utility. The city council expressly finds the value of the above-described original system or plan of storm drainage and surface water facilities, together with funds currently held in the water and sewer fund in the amount of $690,000, is equal to the value of release from primary responsibility therefor insofar as it relates to or concerns storm or surface waters within the city. Accordingly, all of the city's above-men- tioned facilities, including the rights and inter- ests as a part thereof as they relate to or concern storm or surface waters, and the funds in the amount of $690,000 are, for purposes of RCW 43.09.210, hereby transferred to and subject to the administration of the city's stormwater management utility created by this chapter, and all other institutions and departments of the city having primary responsibility therefor within the city are, to the same extent, released from such primary responsibility. Inasmuch as the city now owns all of those facilities, includ- ing the rights and interests as a part thereof and the original system or plan set forth in ECC 7.50.030, there is no estimated cost thereof. Edmonds City Code 7.50.050 Rates and charges. The following rates shall be charged on all billings after the effective date shown with respect to the following classes of customers and/or service: D. An ESU is hereby defined to be the impervious surface area estimated to contrib- ute an amount of runoff which is approxi- mately equal to that created by the average single-family residential parcel. A single-fam- ily residential parcel is one ESU. For all other parcels, one ESU is equivalent to 3,000 square feet of impervious surface area. [Ord. 3400 § 3, 2002; Ord. 3195 § 2, 1998]. 7.50.060 Administrative rate adjustment. The city's public works director is hereby authorized to make adjustments to the city's stormwater utility rates as provided in this chapter in an amount up to 50 percent of the rate set in the preceding section in accordance with the following provisions: A. Upon written application to the public works director, a customer may request review of the city's stormwater management utility fee as applied to the specific developed prop- erty to which the fee has been charged. The applicant shall state the specific conditions and/or facilities on the site which the applicant feels warrants adjustment of the rate as applied to the property. 7.50.060 B. On his own motion, the public works director may initiate review of a stormwater utility charge to any parcel. C. The public works director shall have the authority to increase or decrease rates up to 50 percent of the level set by the city council. The sole criteria for adjusting the rate shall be a determination that the physical characteristics of the site and in particular the stormwater detention, retention and/or treatment facilities as installed thereon by the owners, or lack thereof, have significantly increased the bur- den which the property places upon the city's stormwater utility (in the event of an increase) or significantly decreased the burden (in the event of a decrease) by providing additional benefits over and above those which the aver- age property places upon the utility through on-site improvements including but not lim- ited to on-site pollution control mechanisms or technologies which relate to water quality and the property's impact upon the city's stormwa- ter management system. Factors personal to the property owner, such as ability to pay, shall not be considered. D. The decision of the public works direc- tor shall be in writing. It may be appealed to the Edmonds city council for review. In that review process the determination of the direc- tor shall be given substantial weight and an applicant for decrease shall have the burden of proof. In the event the director has recom- mended an increase, the city staff shall have the burden of proof in the process. The deci- sion of the Edmonds city council shall be final and shall not be appealable. The city council may either increase or decrease the rates within 50 percent of that set or may elect, in its sole discretion, to apply the rate as established by ordinance if the city council determined that such property does not differ substantially from other similarly situated ratepayers and their properties. [Ord. 3264 § 1, 1999]. 7-17 (Revised 5/03) Effective Dates 7/1/02 1/1/03 1/1/04 A. Single-family $10.60 $12.82 $13.46 residential and multifamily residential (bimonthly) B. Single-family $5.30 $6.41 $6.73 residential and multifamily residential (monthly) C. All other $5.30 $6.41 $6.73 nonresidential customers per ESU (monthly) D. An ESU is hereby defined to be the impervious surface area estimated to contrib- ute an amount of runoff which is approxi- mately equal to that created by the average single-family residential parcel. A single-fam- ily residential parcel is one ESU. For all other parcels, one ESU is equivalent to 3,000 square feet of impervious surface area. [Ord. 3400 § 3, 2002; Ord. 3195 § 2, 1998]. 7.50.060 Administrative rate adjustment. The city's public works director is hereby authorized to make adjustments to the city's stormwater utility rates as provided in this chapter in an amount up to 50 percent of the rate set in the preceding section in accordance with the following provisions: A. Upon written application to the public works director, a customer may request review of the city's stormwater management utility fee as applied to the specific developed prop- erty to which the fee has been charged. The applicant shall state the specific conditions and/or facilities on the site which the applicant feels warrants adjustment of the rate as applied to the property. 7.50.060 B. On his own motion, the public works director may initiate review of a stormwater utility charge to any parcel. C. The public works director shall have the authority to increase or decrease rates up to 50 percent of the level set by the city council. The sole criteria for adjusting the rate shall be a determination that the physical characteristics of the site and in particular the stormwater detention, retention and/or treatment facilities as installed thereon by the owners, or lack thereof, have significantly increased the bur- den which the property places upon the city's stormwater utility (in the event of an increase) or significantly decreased the burden (in the event of a decrease) by providing additional benefits over and above those which the aver- age property places upon the utility through on-site improvements including but not lim- ited to on-site pollution control mechanisms or technologies which relate to water quality and the property's impact upon the city's stormwa- ter management system. Factors personal to the property owner, such as ability to pay, shall not be considered. D. The decision of the public works direc- tor shall be in writing. It may be appealed to the Edmonds city council for review. In that review process the determination of the direc- tor shall be given substantial weight and an applicant for decrease shall have the burden of proof. In the event the director has recom- mended an increase, the city staff shall have the burden of proof in the process. The deci- sion of the Edmonds city council shall be final and shall not be appealable. The city council may either increase or decrease the rates within 50 percent of that set or may elect, in its sole discretion, to apply the rate as established by ordinance if the city council determined that such property does not differ substantially from other similarly situated ratepayers and their properties. [Ord. 3264 § 1, 1999]. 7-17 (Revised 5/03) 7.50.070 7.50.070 Stormwater management system development charge. In addition to any other charge prescribed by this chapter, a stormwater management sys- tem development charge shall be paid prior to the issuance of any building permit or develop- ment permit issued under the Edmonds Com- munity Development Code ("permit") by the owner of any property, residential dwelling unit, or other structure that may hereafter be constructed in the city which benefits from the stormwater utility system constructed by the city. The stormwater management system development charge shall be equal to $428.00 per equivalent service unit (ESU) added to or created by the permit. ESU is defined in ECC 7.50.040(D). [Ord. 3450 § 1, 2003]. (Revised 5/03) 7-18 Chapter 7.60 COMBINED UTILITY Sections: 7.60.010 Combination of combined water and sewer utility and stormwater management utility. 7.60.020 Separate rates — Accountability. 7.60.030 Utility assistance fund. 7.60.010 Combination of combined water and sewer utility and stormwater management utility. The city is maintaining and operating a com- bined water supply and distribution system and sanitary sewage disposal system and, by Chap- ter 7.50 ECC, has created a stormwater man- agement utility. Pursuant to the provisions of RCW 35.67.331, the present combined water and sewer utility, and the stormwater manage- ment utility, together with all additions, exten- sions and betterments thereof at any time made, are hereby combined into a single utility; pro- vided that the accounting procedure for each system shall be kept separate as required by RCW 35.37.010. The combined water, sewer and stormwater management utility of the city, together with all additions, extensions and bet- terments thereof at any time made, shall here- inafter be called the "combined utility." 7.60.020 Separate rates — Accountability. The council declares its intent to establish rates for the combined water and sewer utility and stormwater management utility. In order to better account for the costs of the respective components of the combined utility, the administrative services director is directed to maintain such separate funds and accounting structures as may be necessary to discretely account for the costs, expenses and revenues of each component utility. When the staff makes recommendations for the establishment, increase or decrease in any rate, it is directed to Edmonds City Code provide supporting data which separately reflects such costs, expenses and revenues for each component utility. 7.60.030 Utility assistance fund. A. Purpose. The city council establishes the utility assistance fund in order to accept, hold and dispense funds contributed either from the city's general fund, from charitable and civic organizations or from individual rate -payers who have made donations for the assistance of a category of citizens known under Article 8, Section 7 of the Washington State Constitution as the "poor and infirm" and under other pro- visions of other state statutes and local ordi- nance as the low-income, elderly and disabled. B. Disbursement. Such monies as are con- tributed shall be held and disbursed to persons qualifying for the assistance programs estab- lished by ECC 7.30.070 and the provisions of state law incorporated in that section. Dis- bursements may be made, to the extent of monies held within the fund, for utility charges, connection fees, and other exactments levied by the utilities which, taken as whole, constitute the combined utility. The monies may be expended for purposes which gener- ally benefit the public health, safety and wel- fare or are designated by the donor of the fund. C. The administrative services director or his/her designee is hereby authorized to adopt forms and procedures for the acceptance of contributions to the fund and for the disburse- ment of monies from the fund. [Ord. 3393 § 1, 2002]. 7.70.010 Chapter 7.70 SOLID WASTE MANAGEMENT Sections; 7.70.010 Definitions. 7.70.020 Snohomish County system designated. 7.70.030 Unlawful disposal of solid waste. 7.70.040 Interlocal agreement approved. 7.70.010 Definitions. A. "City" means the city of Edmonds, Washington. B. "Comprehensive solid waste manage- ment plan" or "comprehensive plan" means the Snohomish County comprehensive solid waste management plan, including a recycling element, as adopted by Snohomish County Motion No. 90-004, and as amended from time to time. C. "County" means Snohomish County, Washington. D. "Interlocal agreement" means the inter- local agreement regarding solid waste disposal site designation, attached and incorporated herein by this reference. E. "Person" means an individual, firm, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever. F. "Solid waste" means solid waste as defined by RCW 70.95.030(16) and WAC 173-304-100(73) with the exception of wastes excluded by WAC 173-304-015. G. "Solid waste handling" means the man- agement, storage, collection, transportation, treatment, utilization, processing, and final disposal of solid wastes, including the recov- ery and recycling of materials from solid wastes, the recovery of energy resources from such wastes or the conversion of the energy in such wastes to more useful forms or combina- tions thereof, and as such term may be modi- fied by amendments to RCW 70.95.030(17). 7-18.1 (Revised 5/03) 7.70.020 H. "System" means all facilities for solid waste handling owned or operated or con- tracted for by the county, and all administra- tive activities related thereto. [Ord. 2763 § 1, 1990] . 7.70.020 Snohomish County system designated. A. All solid waste generated within the cor- porate limits of the city of Edmonds shall be disposed of through the county system as pro- vided for in the comprehensive plan except as otherwise provided in subsection D. B. Snohomish County is authorized to des- ignate disposal sites for the disposal of all solid waste which is generated within the city of Edmonds subject to the applicable laws and regulations of the Snohomish health district and the city if located within the city. C. No solid waste may be diverted from the disposal sites designated by Snohomish County without Snohomish County approval or as provided in the comprehensive plan. D. The provisions of the section shall not apply: 1. To the disposal of solid waste through the waste recycling element of the comprehen- sive plan or any waste reduction or recycling plan approved by the county; 2. To the disposal of hazardous wastes or substances where disposal into the county system is prohibited or where other provisions pursuant to state or federal law are made for the handling of such wastes or substances; 3. Where disposal is otherwise provided for under state or federal law. [Ord. 2763 § 2, 1990] . 7.70.030 Unlawful disposal of solid waste. A. It is unlawful for any person to dispose of any solid waste generated in the city of Edmonds and subject to this chapter unless they comply with the provisions of RCW 70.95.240, 70.95.500 and 70.95.610 which are hereby adopted by reference. (Revised 5/03) 7-18.2 Edmonds City Code 3426 11/26/02 2003 tax levy (Special) 3427 12/17/02 Amends comprehensive plan (Special) 3428 12/17/02 Amends comprehensive plan (Special) 3429 12/17/02 Amends comprehensive plan (Special) 3430 12/17/02 Amends comprehensive plan (Special) 3431 12/17/02 Adds Ch. 3.22, interfund loan program (3.22) 3432 12/17/02 Amends §§ 3.20.020 and 3.20.050; repeals Ch. 4.64, garbage collection (3.20) 3433 12/17/02 Amends § 8.64.060, parking (8.64) 3434 12/17/02 Amends 2002 budget (Special) 3435 12/17/02 Adds §§ 5.05.127.1 and 5.05.127.2, spaying of animals (5.05) 3436 12/17/02 2003 budget (Special) 3437 12/17/02 Salary ranges and benefits for nonrepresented personnel (Special) 3438 1/7/03 Adds §§ 5.05.127.3 and 5.05.127.4; amends §§ 5.05.030 and 5.05.127, spaying of animals (5.05) 3439 2/18/03 Amends § 4.72.010, business license (4.72) 3440 2/18/03 Amends on interim basis § 20.35.080, PRD review process (20.35) 3441 2/25/03 Right-of-way use permit grant (Special) 3442 3/18/03 Amends street map (Special) 3443 3/18/03 Adds § 3.50.040, meeting room charges (3.50) 3444 3/25/03 Adds subsection G to § 2.35.060, sick leave (2.35) 3445 3/25/03 Moratorium on permit and license applications for opiate substitution treatment service provider facilities (Special) 3446 3/25/03 Bond issuance (Special) 3447 3/25/03 Adds Ch. 2.37, miscellaneous leave and break provisions (2.37) 3448 4/1/03 Approves Garden Cottages PRD (Special) 3449 4/8/03 Approves Meadowdale Estates PRD (Special) 3450 4/15/03 Adds § 7.50.070, stormwater management system development charge (7.50) 3451 4/22/03 Amends Ch. 5.05, animal control (5.05) 3452 4/22/03 Adds §§ 4.32.040(C), 4.48.025, 4.52.070(C), 4.80.060, and 19.75.065; amends §§ 5.27.060 and 19.75.060, fire inspection charge (4.32, 4.48, 4.52, 4.80, 5.27, 19.75) Ordinance Table Tables - 33 (Revised 5/03) Edmonds City Code Animal control — A — Appropriations, replenishing 3.04.020 Credit cards 3.04.080 Abandoned vehicles Custodian 3.04.030 Administrative hearings officer 8.50.020 Established 3.04.010 Disposal Liens 3.04.060 authorized 8.50.050 Rules, regulations 3.04.090 registered disposers, contracts 8.50.100 Vouchers 3.04.050 Impoundment form 8.50.125 Advertising Junk motor vehicles 8.50.110 Crimes Owner See also Criminal code liability 8.50.070 statutes adopted 5.02.010 lien 8.50.080 Aircraft Private property Definitions 4.80.010 automobile hulks 8.50.040 Landing permits junk motor vehicles 8.50.030 application 4.80.040 Prosecution following impoundment 8.50.090 inspection fee 4.80.060 Severability 8.50.300 issuance 4.80.030 Statutes adopted 8.50.010 required 4.80.020 Stolen vehicles 8.50.060 revocation 4.80.050 Unlawful 8.50.120 Alarms See False alarms Violation, penalty 8.50.200 Alcoholic beverages Administrative services department See also Liquor Director auditing officer 2.25.010 Crimes Adult entertainment facilities See also Criminal code Alcohol prohibitions 4.52.230 statutes adopted 5.04.010 Arcades 4.52.170 Animal control Barkers 4.52.240 See also Criminal code Cabarets 4.52.150 Appeals 5.05.123 Definitions 4.52.030 Bites 5.05.040 Exemptions 4.52.190 Cat licenses 5.05.025 Hours of operation 4.52.220 Cruelty 5.05.128 Inspections 4.52.210 Dangerous dog License appeals 5.05.123 applications, investigation 4.52.070 declaration, notice requirements denial, suspension potentially dangerous dog 5.05.121 appeals 4.52.260 registration, prohibitions 5.05.122 duration 4.52.270 Definitions 5.05.010 entertainers, managers 4.52.100 Disposition of seized, removed animals 5.05.124 fees Dog due date 4.52. 110 See also Dangerous dog required, expiration 4.52.090 fees 5.05.030 issuance 4.52.080 guard dogs 5.05.129 name, location designated 4.52.200 in season 5.05.080 posting, display 4.52.140 license required, fees 5.05.020 required 4.52.060 on public grounds 5.05.060 transferability 4.52.130 Enforcement Manager presence 4.52.120 See also Violation Prohibited 4.52.040 additional 5.05.141 Purpose of provisions 4.52.010 Impoundment procedures 5.05.126 Record keeping 4.52.250 Inherently dangerous 5.05.132 Regulations applicability 4.52.050 Liability 5.05.135 Scope 4.52.020 Livestock, covered animals 5.05.130 Standards 4.52.160 Noisy animals See Public disturbance noises under Video stores 4.52.180 Noise Advance travel expense revolving fund Nuisances See also Claims against the city designated 5.05.115 Advances notice, order to abate 5.05.120 purpose 3.04.070 Pens 5.05.133 requesting 3.04.040 Purpose of provisions 5.05.001 Index -1 (Revised 5/03) Anticipatory offenses Rabies 5.05.090 Running at large 5.05.050 Severability 5.05.142 Slaughtering 5.05.133 Spaying, neutering animal benefit fund established 5.05.127.2 definitions, initiative provision integration 5.05.127.3 failure, violation, penalties 5.05.127.4 required 5.05.127.1 Striking with vehicle 5.05.133 Use as bait 5.05.128.1 Violation See also Enforcement penalty 5.05.002 Waste matter 5.05.070 Wild animals 5.05.131 Anticipatory offenses See also Criminal code Statutes adopted 5.08.010 Arcades See Pool, billiards, arcades Architectural design board Created 10.05.010 Meetings 10.05.030 Powers, duties 10.05.040 Terms 10.05.020 Arts commission Established, membership 10.20.010 Juried selection process 10.20.050 Meetings 10.20.030 Powers, duties 10.20.040 Terms 10.20.020 Assault See also Criminal code Fourth degree, defined 5.34.015 Statutes adopted 5.34.010 —B— Bail See Violations bureau under Criminal code Bathhouses See Massage parlors, bathhouses Beaches See under Parks Beer See Liquor Bingo See Gambling tax Boating code See also Parks Accidents 5.10.070 Applicability 5.10.030 Definitions 5.10.020 Failure to stop for enforcement officer 5.10.052 Internal combustion engines 5.10.065 Intoxication 5.10.060 Jurisdiction 5.10.010 Mooring unlawfully, trespassing 5.10.085 Negligent operation 5.10.040 No swimming areas declaration 5.10.080 locations 5.10.082 sign posting 5.10.081 No wake zone 5.10.055 Reckless operation 5.10.050 Violation, penalty 5.10.090 Burning, outdoor See Crimes under Fire Business license See also License; Occupation tax Community impact statements appeals 4.74.050 contents 4.74.030 purpose of provisions 4.74.010 required 4.74.020 retroactivity 4.74.060 reviews continuing 4.74.070 initial 4.74.040 procedures 4.74.080 severability 4.74. 100 violation, penalty 4.74.090 Definitions 4.72.010 Fees, terms 4.72.040 Illegal activities 4.72.050 Procedure 4.72.030 Required 4.72.020 Revocation, suspension 4.72.060 Transfers, sales, new licenses 4.72.065 Transient accommodations 4.72.023 Violation, penalty 4.72.070 —C— Cabarets Dancing, hours 4.48.060 Defined 4.48.010 Inspections compliance 4.48.050 fee 4.48.025 License application, issuance 4.48.030 fees 4.48.020 revocation, hearing 4.48.070 Regulations 4.48.040 Severability 4.48.300 Violation, penalty 4.48.080 Cable franchises See also CATV systems Rates administrative hearing officer 3.60.130 appeals 3.60.140 benchmark rate, hearing 3.60. 100 council determinations notification 3.60.080 unreasonable rates 3.60.070 definitions 3.60.010 FCC regulations adopted 3.60.030 filing, notification 3.60.090 future increases 3.60.060 initial applications 3.60.050 rate increases, hearing 3.60. 110 refunds 3.60.120 (Revised 5/03) Index -2 Edmonds City Code City officers, employees regulations applicability 3.60.040 Cigarettes staff contact 3.60.020 See also Tobacco products sale Card playing See Gambling tax Possession by minor unlawful 5.46.070 Carnivals See Public amusements Circuses See Public amusements CATV systems Citizens' commission on salaries of elected officials Building moving 4.68.120 Duties 10.80.020 City costs Eligibility 10.80.030 apportionment 4.68.370 Members 10.80.040 reimbursement 4.68.360 Open meetings 10.80.070 Consistency with other regulations 4.68.380 Organization 10.80.050 Construction standards 4.68.080 Purpose 10.80.010 Definitions 4.68.010 Referendum applicability 10.80.080 Franchise Reimbursement exception 10.80.090 acceptance 4.68.050 Salary schedule recommendation 10.80.060 application 4.68.030 City external costs 4.68.250 Boards, commissions fee 4.68.160 attendance issuance 4.68.040 exemptions 1.05.040 revocation 4.68.300 records 1.05.020 termination for noncompliance 4.68.3 10 required 1.05.010 terms 4.68.020 council confirmation defined 10.01.010 Indemnity, hold harmless agreements 4.68.320 quorum 1.05.050 Institutional networks vacancies, filling 1.05.030 capability, activation 4.68.220 Checks, insufficient funds, charges 3.50.020 city-wide interconnection 4.68.230 Claims See Claims against the city franchisee contributions 4.68.240 Classification Insurance 4.68.330 continuity 1.02.040 Meetings with city 4.68.170 effective date 1.02.020 Nondiscrimination 4.68.260 noncharter code city 1.02.010 Ownership transfers 4.68.280 Code See Code Performance bond 4.68.340 Council See Council Police power of city 4.68.060 Officers, employees See City officers, employees Property abandonment 4.68.290 Property, sales Public, educational and governmental access See also Equipment rental fund city-wide interconnection 4.68.210 authority 3.01.010 required 4.68.200 bids Rate schedule 4.68.140 call, notice 3.01.030 Records inspection 4.68.190 opening, rejecting 3.01.040 Right-of-way use 4.68. 100 instruments of conveyance 3.01.050 Rules, regulations 4.68.070 minimum price 3.01.020 Safety requirements 4.68.110 negotiated sales 3.01.060 Security, recourse against 4.68.350 Records, copying Service certification fees 1.20.060 continuity 4.68.270 exemptions 1.20.030 denial 4.68.150 fees System evaluation 4.68.180 charging, exceptions 1.20.040 Tree trimming 4.68.130 modifications 1.20.070 Undergrounding, landscaping 4.68.090 request Cemetery board form 1.20.010 Alternate 10. 16.070 response 1.20.020 Council supervision 10.16.060 transcriptions 1.20.050 Maintenance funds 10. 16.050 City attorney Meetings 10. 16.040 Compensation 2.05.030 Membership, terms 10.16.010 Duties 2.05.020 Powers 10.16.030 Legal services contract 2.05.010 Severability 10. 16.200 City officers, employees Vacancies 10.16.020 Assignment of duties 2.10.020 Benefit plan authorized 2.30.010 Index -3 (Revised 5/03) Civil service commission participation mandatory 2.30.020 Bonds See also Indemnification premium payments 2.40.020 refusing to give 2.40.030 required, amounts 2.40.010 Breaks 2.37.010 Confirmation process 2.10.010 Emergency periods, extra duty 2.35.050 Exempt employees 2.20.020 Expense reimbursement See Advance travel expense revolving fund; Claims against the city Holidays 2.35.020 Indemnification See also Bonds applicability 2.06.090 conditions compliance with 2.06.050 failure to comply 2.06.060 requirements 2.06.040 definitions 2.06.000 exclusions designated 2.06.020 determinations 2.06.030 expense reimbursement 2.06.070 insurance policies, conflicts 2.06.080 legal representation 2.06.010 Military leave additional leave, obligations 2.36.030 involuntary service 2.36.020 reservists, annual entitlement 2.36.010 shared leave See under Vacation, sick leave Paydays 2.20.010 Public disclosure See Public disclosure Retirement system contributions 2.70.040 number included 2.70.020 participation 2.70.010 prior service credit 2.70.030 Salaries See Citizens' commission on salaries of elected officials Vacation, sick leave compensating time 2.35.040 definitions 2.35.010 employment contract conflicts 2.35.090 extenuating circumstances 2.35.080 shared leave 2.35.045 sick leave accrual, use 2.35.060 transferring positions 2.35.070 vacation accrual, use 2.35.030 Civil service commission Applicability 10.25.160 Covered employees applicant qualifications 10.25.050 continuity 10.25.040 disciplinary procedures 10.25.070 initial appointments, probationary period 10.25.090 police, fire departments 10.25.030 positions, creating 10.25. 100 tenure, discharges 10.25.060 Created, appointments 10.25.010 Deceptive practices 10.25.120 Definitions 10.25.140 Legal actions 10.25.110 Powers, duties 10.25.020 Severability 10.25.150 Terms, number limited 10.25.015 Violation, penalty 10.25.130 Claims against the city See also Advance travel expense revolving fund Auditing officer 2.25.010 Employees 2.25.040 List preparation 2.25.020 Paying 2.25.030 Statutory compliance 2.25.060 Travel expense reimbursement 2.25.050 Code See also Criminal code Adopted 1.01.005 Authority 1.01.020 Construction 1.01.035 Definitions 1.01.025 Effect on past actions, obligations 1.01.060 Grammatical interpretation 1.01.030 Headings 1.01.040 Prohibited acts 1.01.100 References to amendments 1.01.015 code citations 1.01.010 specific ordinances 1.01.050 Repeals not to revive 1.01.070 Severability 1.01.110 Superseding exclusions 1.01.090 provisions 1.01.080 Combined utility See also Water Accounting 7.60.020 Assistance fund 7.60.030 Water, sewer, stormwater utilities combined 7.60.010 Community development department Director, references to 2.10.050 Community impact statements See under Business license Community oriented open air markets Administration 4.90. 110 Definitions 4.90.010 Exemptions 4.90.025 License application 4.90.090 fees 4.90.070 required 4.90.020 term 4.90.080 Nonprofit community oriented organizations 4.90.040 Premises requirements 4.90.060 Prohibited activities 4.90.030 Recordkeeping 4.90. 100 Sponsors, business license required 4.90.050 Violation, infraction 4.90.120 (Revised 5/03) Index -4 Edmonds City Code unexpended funds 3.10.030 Meeting rooms Charges 3.50.040 Minors See also Criminal code; Tobacco products sale Delinquency, contributing to, statutes adopted 5.12.020 Statutes adopted 5.12.010 Motel See Lodging tax; Transient accommodations under Business license Index -8.1 Minors (Revised 5/03) This page left intentionally blank. (Revised 5/03) Index -8.2 Edmonds City Code Traffic definitions 9.20.010 investigation 4.60.050 expenses 9.20.020 issuance 4.60.070 Enforcement 9.20.090 required 4.60.020 Repair, maintenance responsibility revocation, suspension, denial 4.60.120 planting strips 9.20.060 Prohibited activities 4.60. 110 procedures, costs 9.20.080 Severability 4.60.300 sidewalks 9.20.050 Violation, penalty 4.60.140 transition strips 9.20.070 Teen dance halls Sister city commission Age restrictions 4.44.072 Created 10.60.010 Definitions 4.44.010 Expenditures 10.60.050 License Funds acceptance 10.60.040 application 4.44.040 Meetings 10.60.020 denial 4.44.050 Organization 10.60.030 exemption, payment waiver 4.44.030 Skateboards, roller skates location, operator limitations 4.44.078 See also Criminal code required, fees 4.44.020 Restrictions 5.46.050 revocation 4.44.070 Slander See under Public peace Official access 4.44.076 Solicitors See Peddlers Readmission fees 4.44.074 Solid waste Threatening See also Recycling See also Criminal code County system applicability 7.70.020 Misdemeanor 5.34.020 Definitions 7.70.010 Tobacco products sale Interlocal agreement 7.70.040 See also Criminal code Unlawful disposal 7.70.030 Definitions 5.15.010 Sound trucks Identification 5.15.030 License required, fees 4.56.010 Notice posting 5.15.040 Violation, penalty 4.56.020 Vending machines 5.15.020 Stormwater management utility Violation, penalty 5.15.050 See also Combined utility Traffic Administrative rate adjustment 7.50.060 Alcoholic beverages in vehicles 8.32.060 Administrator 7.50.020 Arterial highways Created 7.50.010 Schedule II 8.64.020 Property transfer 7.50.040 stops Rates, charges 7.50.050 designated 8.28.010 System signs 8.28.020 adoption 7.50.030 violation, penalty 8.28.030 development charge 7.50.070 Compression brakes 8.32.050 Street Control devices 8.32.070 See also Traffic Definitions 8.04.010 Obstructions business district 8.04.150 penalties 9.25. 100 central traffic district 8.04.140 violations designated 9.25.010 garage keeper 8.06.050 Vendors See Peddlers highway 8.04.015 T _ road 8.04.015 street 8.04.015 Tax See Specific Tax Fines, forfeitures Taxicabs disposition 8.60.020 See also Horse taxis official misconduct 8.60.030 Appeals 4.60.130 Funeral processions 8.32.010 Definitions 4.60.010 Model Traffic Ordinance License See also Statutes application adopted 8.06.010 contents 4.60.040 sections not adopted 8.06.020 form 4.60.030 One-way streets approval 4.60.060 designated 8.24.010 drivers 4.60.080 restrictions 8.32.030 fees, expiration date 4.60.090 Schedule I 8.64.010 insurance 4.60. 100 signage 8.24.020 Index -13 (Revised 5/03) Utilities violation, penalty 8.24.030 Parades See Parades Parking See Parking Playing in streets 8.32.02.5 Skateboards See Skateboards, roller skates Speed limits parks 8.16.070 state laws applicability 8.16.010 decreasing 8.16.020, 8.16.040 increasing 8.16.030 violation, penalty 8.16.015 Statutes See also Model Traffic Ordinance adopted 8.06.040 sections not adopted 8.06.030 Street closures, Schedule IX 8.64.090 Title of provisions 8.04.001, 8.06.001 Trains, blocking streets 8.32.040 Truck routes 8.56.010 Vehicles restricted 8.56.030 Violation See also Specific Violation penalty 8.04.002, 8.32.080, 8.60.010 Warrant issuance 8.60.090 Weight limitations, Schedule VIII 8.64.080 —U— Use tax See Sales, use tax Utilities See also Combined utility Bills, delinquency charges 3.50.030 Tax See Occupation tax —V— Vehicles See Abandoned vehicles; Motor vehicles Video games See Pool, billiards, arcades Violations bureau See under Criminal code —W— Wastewater pretreatment Abbreviations 7.90.040 Accidental discharge/slug control plans 7.91.110 Administration 7.90.020 Appeals 7.97.090 Charges, fees 7.102.010 Compliance, monitoring facilities monitoring 7.95.020 inspections, sampling 7.95.010 orders 7.97.040 search warrants 7.95.030 vandalism 7.95.040 Confidential information 7.96.010 Conflicts of provisions 7.102.030 Definitions 7.90.030 Discharge permit requirements dangerous waste constituents 7.92.030 generally 7.92.020 industrial user surveys 7.92.010 Enforcement See also Violation, penalty cease and desist orders 7.97.060 compliance orders 7.97.040 consent orders 7.97.030 contract termination 7.99.050 emergency suspensions 7.97.070 injunctive relief 7.98.010 notification of violation 7.97.020 nuisance declaration 7.99.040 remedies nonexclusive 7.98.040 show cause hearing 7.97.050 state responsibility 7.97.010 termination of discharge 7.97.080 water supply severance 7.99.030 Facilities requirements 7.91.080 Financial assurances 7.99.020 Nonliability of city 7.102.040 Performance bonds 7.99.010 Purpose, policy 7.90.010 Reporting requirements dangerous waste constituents 7.93.030 records disclosure 7.93.010 keeping 7.93.040 unpermitted users 7.93.020 Sampling analytical requirements 7.94.020 city monitoring 7.94.030 generally 7.94.010 Savings 7.102.050 Septic tank wastes 7.91.120 Severability 7.102.020 Standards See also Facilities requirements additional measures 7.91.100 compliance deadline 7.91.090 dilution 7.91.070 local limits 7.91.040 national 7.91.020 prohibited discharge 7.91.010 revision rights 7.91.050 special agreements 7.91.060 state requirements 7.91.030 Violation, penalty See also Enforcement civil 7.98.020 criminal prosecution 7.98.030 defense bypass 7.100.030 discharge standards 7.100.020 upset 7.100.010 Water See also Combined utility Backflow prevention abatement procedures 7.20.060 cross -connections prohibited 7.20.020 definitions 7.20.010 (Revised 5/03) Index -14