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)
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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)
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(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