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Edmonds City Code Supplement 33SUPPLEMENT DIRECTIONS Updated by: EDMONDS CITY CODE Dated: Supplement No. 33 — May 2004 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 3486 through 3497, passed April 27, 2004. Remove these pages Insert these pages Table of Contents 1 — 2................................................................ 1-2 Table of Revised Pages 1-3 ................................................................ 1 — 3 Title 1 Title 5 Title 7 Title 8 1............................................................................ 1 11 — 15 ........................................................ 11 —13 11-12.2 ..................................................... 11-12 17-18 ..................................................... 17 — 18.2 23-30 ........................................................ 23-30 23-24 33-44 ..................................................... 33-44.2 55-58 ........................................................ 55-58 22.1-22.4 ............................................ 22.1-22.4 Ordinance Table 23-24 ........................................................ 23-24 33-34 ........................................................ 33-34 (Revised 5/04) Remove these pages Insert these pages Index 3-4 ................................................................ 3-4 11-12 ........................................................ 11-12 Please call Code Publishing Company (206-527-6831) should questions arise while removing and replacing supplement pages. (Revised 5/04) TABLE OF CONTENTS Preface Mayor...................................................................................................... 3 Table of Revised Pages City Attorney.......................................................................................... Title 1 General Provisions Indemnification of Employees and Officers ........................................... 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 Repealed................................................................................................ 11 1.20 Copies, Certifications and Transcriptions of City Records .................. 12 Title 2 City Officials and Personnel 2.50 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 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 3.02 Lost and Unclaimed Property ............................................................... .. 4 3.04 Travel Expense Procedures..................................................................... 6 3.05 Equipment Rental Fund ................................. ................ 7 3.07 Criminal Investigation Contingency Fund .............................................. 9 3.08 Drug Enforcement Fund....................................................................... 10 3.09 Cumulative Reserve Fund for Fire Apparatus ...................................... 10 3.10 Repealed............................................................................................. 10.1 Contents -1 (Revised 5/04) 3.11 Local Improvement Guarantee Fund .................................................... 11 3.13 Municipal Arts Fund............................................................................. 12 3.14 Repealed............................................................................................. 14.1 3.15 Fire Donation Fund............................................................................ 14.1 3.16 Parks Trust 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.................................................................. 3 6. 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.........................................................1 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 5/04) Contents -2 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 3497, passed April 27, 2004. Page Revised Date Page Revised Date Preface.............................................::.:..................... - 10.1, 10.2...........................:.::...........:.................... 2/04 Table of Contents 1,2 ............................. ... ................ 5/04 3,4 ......................................................................... 2/04 5 .............................................. ............................... 2/04 Title 1 5/03 1............................................................................. 5/04 3,4 ............. ............ .......... ......................................... - 5, 6.............................................•----------•................ 2/02 6.1, 6.2 .......................................... ...................... 2/02 7, 8 ............................ .............................................. .. 9, 10.......................................................................... - 11, 12............:....................................................... 5/04 13 ................................... .......... ...................... 5/04 Title 2 1 .................................. •-----•--......------------................ 5/03 3,4 ....................................._.............................--_. 11/98 5,6 ............................................................_. - 7, 8......................................................................... 2/00 9,10/12 ................:....................................----......... 2/00 13,14 .................................................................... 2/02 14.1, 14.2.......................:...................................... 2/02 15,16 ........................................................................ 2/03 17,18 ............................ ..................... 8/98 19,20 ..................................................................... 8/02 21,22 ..................................................................... 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............................................................................ 2/04 3,4 ..................•--.--.--.--.--........................................... 5,6 ......................................................................... 2/04 7,8 ....................................................... 11/99 9,10 ...................................................... 11/00 11,12 ................... :............................................... ..... - 13, 14........................................................................ - 14.1, 14.2 ... ............ ........ ........................................ 2/04 15,16 .................................................................... 2/03 17, 18 ------------- ................ ...................................... 5/03 18.1, 18.2 ................................ ............................... 5/03 19,20 ................... ............................................ 11,12 ........................................................................ 21,22 .................•.................................................. 2/03 23,24 ........................................................... I...... 11/00 24.1, 24.2 ...................... .................................. .... 11/00 25,26 ..................... .............. ....................... ,.. ........., 19,20 ..................................................................... 27,28 ............................................ .................. 11/00 29,30 ---------------------------------------------------------------------- ---- 31, 32................................................................... 10197 33,34 ....................... ............. ............................ 35,36 ..................................................................... 2/98 36.1, 36.2- ............................ •--............................ 2/98 37,38 ........................................................................ 39,40_ ..................... ............................................... - 41, 42..................................................................... 5/03 42.1, 42.2.............................,......................,.......... 5/03 43,44 ................................................... :........... :........ - 45, 46......:................................................................. ---- Title 4 1............................................................................. 2/03 3,4 ........................ ........................... ....... ...._............. - 5, 6......................................................................... 7,8 ......................................................................... 8/96 9,10 ...................................... :............. ................. 11/99 10.1, 10.2.............................................................. 11/99 11,12 ........................................................................ - 13,14 ........................................................................... T 15,16 ..................................... ...... .....................17,18 ........................................................................ 19,20 ..................................................................... 5/03 21, 22 ... ......................... .......................................... I... - 23, 24..............................................••.....--.---....._....... - 25, 26.._................................................................... 5/03 26.1, 26.2............................................................... 5/03 27,28 .... ...... ........._.._...... .. ..................I.... .... Revisions -1 (Revised 5/04) Table of Revised Pages Page Revised Date 29,30 .................••..................................................... - 31, 32........................................................................ 3,4 ............................:............................................ 33,34 ......................................................................... -- 35, 36.................................................................... 8/96 36.1, 36.2 ... ................................................ .. 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 ........................... ............................................ - 39, 40....--••-•.............................................................. 20.3, 20.4.............................................................. 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 ....................... ......................................... -- 61, 62........................................................................ - 63, 64 ..................... ............................ ........ 5/03 65,66 .........,..,........................•------•--••-•--••--••-.-••----•-- - 67,68 ........................................... ....... ...... ........... - 69,70 ...... :................. :....... :..................... .................. - 71,72 .......... :............................................ Title 5 1............................................................................ 5/03 3,4 ............................:............................................ 8/99 5,6 ................... ............•--................ - 7, 8 ...................... ::.... .......... ......... .............. 5/03 9,10 ..................................................I................... 5/03 11, 12 ............. -• .......................................I.......------ 5/04 13, 14 .- ........... .........•--•-••--•--•....----......................... 5/03 15, 16..................................................................... 5/03 17, 18.................................................................... 5/04 18.1, 18.2.............................................................. 5/04 19,20 .................................................................... 5/03 20.1, 20.2 ............................. .............................. :.. 5/03 20.3, 20.4.............................................................. 5/03 21,22 ........................................................................ --- 23, 24.........................,........................................--.... - 25, 26 ......................................... ...-..---•........ ... - 27, 28.....................•---•--.-•---•..---•--•.......................... - 28.1, 28.2 ............................................ ........:......... 6/99 29,30 .........................-.............................................. -- 31, 32........................................................................ - - Page Revised Date 33,34 ..................................................................... 2/03 35,36 ..................................................................... 5/03 36.1, 36.2............................................................... 5/03 37,38 ...................................................................... 5/02 39,40 ........................................................................ - 41,42 ................................................................... 12/03 42.1, 42.2............................................................. 12/03 43, 44........................................................................ - 45, 46 ........................... .......................... ................... - 47, 48..................................................................... 2/00 49,50 ..................................................................... 2/00 50.1, 50.2............................................................... 2/00 51,52 .......... :...:........ :..................... .::...................... 7/97 53,54 .......... :... ...... ...... 8/96 55,56 .......................:...:......................................... 8/96 57,58 ..................................................................... 7/97 59,60 ................................................................... 12/03 60.1, 60.2............................................................... 5/98 61,62 ........................................................................ - 63, 64 .............. ,....................................... ..... ,........ 5/00 Title 6 1 ...: ......... :................................... .. ........................ ........ 2/04 3,4 ............................................................................ 5,6 ............................................................................ 5, 6...............................••--••--•-•--•----•-------................... 7,8 ......................................................................... 8/01 9, 10.......................................................................... - 11, 12 ................... .........-•----........................... 8/01 13, 14..---•----------------•--........................................... 8/02 15, 16 ... ....... .................................. ......................... 8/02 17, 18..................................................................... 5/98 19 ..................................................... ...................... 2/04 Title 7 1............................................................................. 2/04 3,4 ......... ........ .............. --••--•......---•---•--•. ..... ........... - 5, 6...............................••--••--•-•--•----•-------................... - 7, 8.---•..-------••---•--•..............................................•-..... - 9, 10----•.........................................I........................ 8/02 11, 12..................................................................... 8/02 12.1, 12.2............................................................... 8/02 13, 14.......................................................................... - 15, 16...................................................................... 8/03 17, 18 ........... ....................................................... ... 5/03 18.1, 18.2 ............................. .............................. 5/03 19,20 .............. :.................................. :...................... 21,22 ........................................................................ - 23,24 ......... ....... ..... ......••••....•-.............. ..........-... 5/04 25,26 ..................................................................... 5/04 27,28 ... .............. .. ......................................... 5/04 29,30 ........................................:........................:.. 5/04 31,32 .......... ............................. :............................. 8/02 33,34 .................... . ................................................ 5/04 35,36 ..................................................................... 5/04 (Revised 5/04) Revisions -2 Edmonds City Code Page Revised Date 37,38 ......................................................................... 5104 39,40 ..................................................................... 5104 41,42 ...................:................................................... 5/04 43,44 ........... :...::.:.:.......... :..................................... 5/04 44.1, 44.2............................................................... 5/04 45,46 ...............::... ............................................. 8/02 47,48 ..................................................................... 8/02 49,50 ... ----......................... .................. ................ .... 8/02 51,52 ............ ...................... ---............................. 8/02 53,54 ....................•................................................ 8/02 55,56 ............................................................:........ 5104 57,58 ............................. ... 5/04 ............................................. 59,60 ..................... ... 2/04 61,62 ..................................................................... 2104 63, 64...................................................................... 2/04 65,66 ..................................................................... 2/04 Title 8 1........................................:.....................4.............. 8/01 3,4 ............................................................................ - 5, 6............................................................................ - 7, 8....................................................................... 11/98 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............................................................... 5/04 22.3, 22.4 ..:...... :..:.....:......................................... ... 5/04 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 .. ----• --•-- • --•--•---....................................................... 8/03 3,4 ........................................................ ............... 5,6 ................................,..,..................................... 8/03 6.1, 6.2 ................................. :................................... 8/03 Table of Revised Pages Page Revised Date 7,8 ......................................................................... 8/96 9, 10.......................................................................... - 11, 12 .............. ......................................... .••-•........... - 13, 14 ............. ,......... ,....................... I ................. I...... - 15, 16 ..................... 17,18 ....................................... ........................... 10/97 18.1, 18.2 ....................................................... .. 10/97 19,20 ................................................................... 11/02 21,22 ...................•- ............................ .... , ... 8/98 23,24 .................................,................................... 2/98 25,26 ..................................................................... 8/01 27,28 ..........:........... ... 5/02 29.......................................................................... 5/02 Ordinance Table 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 -................................................................... 8/03 21,22 ....................................................... 11/00 23,24 ...................... ................................. .............. 5/04 25, 25 ..-•- ........... -...... .............................................. 8/03 27,28 ......................_................................... 5/04 29,30 ...................... ....................................... 2/04 31,32 .......... ......................................................... 12/03 33,34 .............................................. ................. ....,.... 5/04 Index 1,2 ......................................................................... 2/04 3,4 ............................:.,:.............................._.......... 5/04 5,6 ...........:......................................... ........ 2/04 7,8 ......................................................................... 2/04 8.1, 8.2................................................................... 2/04 9, 10 ................. ........... ............................................ 8/01 11, 12...................................................................... 5/04 13, 14....................................................:.:.............. 2/04 15................................................................................... 2/04 Revisions -3 (Revised 5/04) Title 1 GENERAL PROVISIONS Chapters: Page 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 Repealed.............................................................................................11 1.20 Copies, Certifications and Transcriptions of City Records ............... 12 1-1 5/04 Edmonds City Code Chapter 1.08 INITIATIVE AND REFERENDUM Sections: 1.08.010 Power of initiative and referendum. 1.08.010 Power of initiative and referendum. The city of Edmonds hereby adopts the power of initiative and referendum for the qualified electors of the city as provided pursu- ant to RCW 35A.11.080 through 35A.11.100. Such powers are to be exercised as provided in the above referenced sections of the Revised Code of Washington as they now exist or may be amended from time to time and said sec- tions are hereby incorporated in full by this ref- erence. [Ord. 2516, 1985]. 1.08.010 Chapter 1.14 PUBLIC OFFICIAL DISCLOSURE — PROHIBITED INTEREST (Repealed by Ord. 3489) 1-11 (Revised 5/04) 1.20.010 Chapter 1.20 COPIES, CERTIFICATIONS AND TRANSCRIPTIONS OF CITY RECORDS Sections: 1.20.010 Form for request. 1.20.020 Response or denial of request. 1.20.030 Certain personnel and other records exempt. 1.20.040 Copying fees. 1.20.050 Transcriptions. 1.20.060 Certification fees. 1.20.070 Modifications to fees and charges. 1.20.080 Public disclosure forms. 1.20.010 Form for request. All persons except for city elected officials and city appointed officers or employees desir- ing to inspect or receive a copy of any public record of the city must make their request to the city clerk or a designee of the city clerk on forms specified by the city clerk. The city clerk may waive this requirement for governmental agencies requesting courtesy copies of city records for purposes that are nonadversarial to the city. [Ord. 3011 § 1, 1995]. 1.20.020 Response or denial of request. Responses to requests for public records shall be made promptly and pursuant to guide- lines established in Chapter 42.17 RCW. Within five business days of receiving a writ- ten public record request, the city must respond by either: A. Providing the record; B. Acknowledging that the city has received the request and providing a reason- able estimate of the time the city will require to respond to the request; or C. Deny the public record request. Denials must be accompanied by a written statement of specific reasons therefor. Additional time required to respond to a request may be based on the need to clarify the intent of the request, to locate and assemble the information request, to notify third persons or (Revised 5/04) 1-12 agencies affected by the request, or to deter- mine whether any of the information requested is exempt and that a denial should be made as to all or part of the request. The city may ask the requestor to clarify what information the requestor is seeking. If the requestor fails to clarify the request, the city need not respond to it. [Ord. 3011 § 1, 1995]. 1.20.030 Certain personnel and other records exempt. The city adopts by reference RCW 42.17.3 10 as now or hereafter amended which provides a list of all records exempt from pub- lic disclosure. [Ord. 3011 § 1, 1995]. 1.20.040 Copying fees. No fee shall be charged for the inspection of public records. Any person who requests a copy of any public record from the city clerk shall pay to the city clerk or a designee of the city clerk a photocopying charge. Payment for the cost of reproduction of all public records shall be made at the time the request for public records is submitted. If there is uncertainty as to the amount required, the amount tendered shall based upon the rates and charges adopted by the city council pursuant to this chapter. If the actual amount of the cost of reproduction exceeds the amount tendered, the balance shall be paid upon delivery of the requested copy or copies. In the event the amount tendered exceeds the actual costs, the balance shall be refunded by the city within a reasonable amount of time. Except as specifically pro- vided herein, there shall be no refunds. The charges for photocopying shall be established by the city clerk and approved by resolution of the city council. Nothing herein shall be con- strued to apply to charges for accident reports pursuant to RCW 46.52.085. Copying fees shall not be charged to elected officials, appointed officers or employees of the city or for reasonable amounts of courtesy Edmonds City Code copies for other governmental agencies for purposes that are nonadversarial to the city. [Ord. 3011 § 1, 1995]. 1.20.050 Transcriptions. The following procedures shall apply unless inconsistent with an order of the Snohomish County Superior Court: A. When the city is required to prepare a verbatim written transcript of any proceeding of the city in response to a writ of review or other action filed in the Superior Court or any other state or federal court, the cost of prepar- ing the same shall be born by the party filing the action pursuant to rates and charges as pro- posed by the city clerk and approved by the city council. The party filing such action shall pay to the city clerk the estimated costs, as determined by the city clerk, of the preparation of the transcript based on the aforementioned rates and charges, including copying costs and the city clerk shall thereafter have the tran- script prepared. B. Should the actual cost incurred by the city in the preparation of the transcript exceed the amount deposited with the city clerk, the party making such deposit shall be required to reimburse the city for such additional amount within 10 days of notification that such amount is due or prior to the time the transcript is required to be filed with the court, whichever occurs first. Should the actual cost incurred by the city be less than the estimated cost depos- ited, such credit due shall be reimbursed by the city to the party making the deposit. [Ord. 3011 § 1, 1995]. 1.20.060 Certification fees. The city clerk shall establish fees for the cer- tification of public records and such fees shall be approved by resolution by the city council. The city clerk shall determine the manner in which, as consistent with applicable law, records and groups of records are to be certi- fied. [Ord. 3011 § 1, 1995]. 1.20.080 1.20.070 Modifications to fees and charges. All fees and charges identified in this chap- ter may be modified by the city clerk as approved by resolution of the city council from time to time as deemed necessary by the city clerk to reflect increases in the costs of provid- ing the services identified in this chapter. All fees and charges established pursuant to this chapter shall reflect the actual costs of the ser- vices provided. [Ord. 3011 § 1, 1995]. 1.20.080 Public disclosure forms. A. Public officials of the city of Edmonds shall file public disclosure forms in accor- dance with the Washington State Public Dis- closure Commission requirements. B. Copies of the forms filed, maintained in the offices of the Washington State Public Dis- closure Commission and available for inspec- tion over the Internet, shall be available on-line at the public access computer in the City Hall customer service area without charge. C. One paper copy of each form shall be provided to any member of the public at no charge. Additional copies of any form requested by an individual shall be subject to the copying charges established by this chap- ter. D. While the Appearance of Fairness Doc- trine, Chapter 42.36 RCW, does not require the disclosure of campaign contributions properly disclosed to the public disclosure commission, a councilmember should make a good faith effort to disclose in any quasi-judicial hearing before the council campaign contributions in excess of $250.00 received from a person or entity identified in the record as a party of record. [Ord. 3489 § 2, 2004]. 1-13 (Revised 5/04) 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 notices required by this chapter, prior to the release of animals, animals in the custody of the animal control authority or its agents, to the registered owners of said animals, the ani- mal control authority shall charge fees under this chapter as follows: 1. Impound: $20.00. 2. Impound and room fees: $15.00/day for 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 agent, the animal control authority shall charge fees under this section as follows: 1. Veterinary exam and spay/neuter fees for male or female canines or felines which have not been spayed or neutered: $50.00 (deposit only, shall be refundable as provided in ECC 5.05.127. 1 (13)). 2. Adoption administration: $15.00 fee. 5.05.060 C. In addition, the contracted animal shelter provider shall be entitled to collect a reason- able room and board fee. [Ord. 3486 § 1, 2004; Ord. 3471 § 1, 2003; 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. 3486 § 1, 2004; 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: 1. The inner trails of Yost Park, in the area commonly known as the Shell Valley area; and 5-11 (Revised 5/04) 5.05.070 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 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 (Revised 5/04) ` 5-12 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 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. Pro- vided, however, that any animal which has not been spayed or neutered, and which is cur- rently licensed pursuant to ECC 5.05.020 or 5.05.025 shall not be subject to be spayed or neutered until the notification period of 10 days established by ECC 5.05.126(D) has expired. 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 a $50.00 deposit shall be collected 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 sur- gery is performed by a city designated veteri- narian, 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 inap- propriate surgical candidate the surgery will not be required. In such cases the deposit shall be returned to the adopter upon written verifi- cation by a veterinarian of the animal's inap- propriate surgical candidacy. Failure to have the animal spayed or neutered within the spec - 5 -17 (Revised 5/04) 5.05.127.2 ified time period will result in the forfeiture of the deposit and the deposit shall be placed in the city of Edmonds' animal benefit fund. C. Dogs or cats which have been spayed or neutered at city expense shall be subject to a fee of $50.00 as provided in this chapter. This fee, unlike the deposit provided for in subsec- tion (B) of this section, shall not be refundable. [Ord. 3486 § 2, 2004; Ord. 3451 § 1, 2003]. 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 vetermarian(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 (Revised 5/04) 5-18 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. 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 Edmonds City Code 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." 5.05.127.3 5-18.1 (Revised 5/04) This page left intentionally blank. (Revised 5/04) 5-18.2 Edmonds City Code Chapter 7.90 WASTEWATER PRETREATMENT — GENERAL PROVISIONS Sections: 7.90.010 Purpose and policy. 7.90.020 Administration. 7.90.030 Definitions. 7.90.040 Abbreviations. 7.90.010 Purpose and policy. A. Chapters 7.90 through 7.102 ECC set forth uniform requirements for users of the publicly owned treatment works (POTW) operated by the city of Edmonds, and enables the city to comply with all applicable state and federal laws, including the Clean Water Act (33 USC 1251 et seq.) and the General Pre- treatment Regulations (40 CFR Part 403). The objectives of Chapters 7.90 through 7.102 ECC are: 1. To prevent the introduction of pollut- ants into the POTW that will interfere with the operation of the POTW; 2. To prevent the introduction of pollut- ants into the POTW which will pass through the POTW, inadequately treated, into receiv- ing waters or otherwise be incompatible with the POTW; 3. To ensure that the quality of POTW sludge is maintained at a level which allows its use and disposal in compliance with applicable statutes and regulations; 4. To protect POTW personnel who may be affected by wastewater and sludge in the course of their employment and to protect the general public; 5. To improve the opportunity to recycle and reclaim wastewater and biosolids from the POTW; and 6. To promote strategies that reduce the amounts of pollution generated by users, thereby reducing the associated hazards to the POTW and receiving waters. B. Chapters 7.90 through 7.102 ECC shall apply to all users of the POTW. Chapters 7.90 7.90.030 through 7.102 ECC define certain prohibited discharges; set forth local limits for use by state agencies in the issuance of wastewater discharge permits; authorize monitoring, com- pliance, and enforcement activities; establish administrative review procedures; require user reporting; and provide for the recovery of liq- uidated damages and collection of penalties. [Ord. 3401 § 1, 2002]. 7.90.020 Administration. Except as otherwise provided herein, the director shall administer, implement, and enforce the provisions of Chapters 7.90 through 7.102 ECC. Any powers granted to or duties imposed upon the director may be dele- gated by the director to other city of Edmonds personnel. [Ord. 3401 § 1, 2002]. 7.90.030 Definitions. Unless a provision explicitly states other- wise, the following terms and phrases, as used in Chapters 7.90 through 7.102 ECC, shall have the meanings hereinafter designated. 1. "Accessible," when applied to required pretreatment monitoring or treatment equip- ment, shall mean direct access without the necessity of removing any panel, door, vehi- cle, equipment, materials, or other similar obstruction. 2. "Act" or "the Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, 33 USC 1251 et seq., as now exists or may hereafter be amended. 3. "Administrative penalty (fine)" means a punitive monetary charge unrelated to treat- ment cost, which is assessed by the director rather than by a court. 4. "AKART" is an acronym for "all known, available, and reasonable technology (preven- tion, control, and treatment) to prevent and control pollution of the waters of the state of Washington." AKART shall represent the most current methodology that can be reason- ably required for preventing, controlling, or abating the pollutants associated with a dis- 7-23 (Revised 5/04) 7.90.030 charge. AKART shall be applied by all users of the POTW. AKART includes best manage- ment practices and may be required by the director for any discharge to the POTW. 5. "Applicable pretreatment standards" means for any specified pollutant, the more stringent of the city's prohibitive standards, the city's specific pretreatment standards, the state of Washington's pretreatment standards, or applicable National Categorical Pretreat- ment Standards. 6. "Approval authority" means the state of Washington Department of Ecology. 7. Authorized Representative of the User. a. If the user is a corporation: i. The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or deci- sion-making functions for the corporation; or ii. The manager of one or more man- ufacturing, production, or operation facilities, if authority to sign documents has been assigned or delegated to the manager in accor- dance with corporate procedures; b. If the user is a partnership or sole pro- prietorship: a general partner or proprietor, respectively; c. If the user is a federal, state or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or his/her authorized designee; d. The individuals described in subsec- tions (a) through (c) of this definition may des- ignate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having over- all responsibility for environmental matters for the company, and the written authorization is submitted to the city. (Revised 5/04) 7-24 8. "Average daily flow" shall be defined as the arithmetical mean of the total process wastewater flow over a one-year period. This mean shall be calculated based on days when a discharge occurs. 9. "Best management practices (BMPs)" means the schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of "waters of the United States." BMPs also include treatment require- ments, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. 10. "Biochemical oxygen demand (BOD)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter ame- nable to measurement by the methods described in Standard Methods for the Exami- nation of Water and Wastewater (current edi- tion); under standard laboratory procedures for five days at 20 degrees centigrade, usually expressed as a concentration [milligrams per liter (mg/L)]. 11. "Bypass" means the intentional diver- sion of wastestreams from any portion of a user's treatment facility. 12. "Categorical pretreatment standard" or "categorical standard" means any regulation containing pollutant discharge limits promul- gated by the U.S. EPA in accordance with Sec- tions 307(b) and (c) of the Act (33 USC 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471. 13. "Categorical user" means a user cov- ered by one or more of the EPA's categorical pretreatment standards. 14. "City" means the city of Edmonds, Washington. 15. "Cooling water/noncontact cooling water" means water used for cooling purposes which does not come into direct contact with any raw material, intermediate product, waste product, or finished product. Cooling water Edmonds City Code may be generated from any use, such as air conditioning, heat exchangers, cooling or refrigeration to which the only pollutant added is heat. 16. "Color" means the optical density at the visual wavelength of maximum absorption, relative to distilled water. One hundred percent transmittance is equivalent to 0.0 optical den- sity. 17. "Composite sample" means the sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time. 18. "Day" shall be defined as a calendar day. 19. "Department" means the Washington State Department of Ecology (DOE) or autho- rized representatives thereof. (DOE is also the definition of the "approval authority.") 20. "Director" means the director of the city of Edmonds public works department, or his duly authorized representative or designee. 21. "Domestic sewage" means the liquid and waterborne wastes derived from ordinary living processes, free from industrial waste- waters, and of such character to permit satis- factory disposal, without special treatment, into the POTW. 22. "Domestic user (residential user)" means any person who contributes, causes, or allows the contribution of wastewater into the city POTW that is of a similar volume and/or chemical makeup as that from a residential dwelling unit. Discharges from a residential dwelling unit typically include up to 100 gal- lons per capita per day at 250 mg/L of BOD and TSS. 23. "Environmental Protection Agency (EPA)" means the U.S. Environmental Protec- tion Agency or, where appropriate, the Regional Water Management Division Direc- tor, or other duly authorized official of said agency. 24. Existing Source. For a categorical user, an "existing source" is any source of dis- charge, the construction or operation of which 7.90.030 commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accor- dance with Section 307 of the Act. 25. Existing User. For noncategorical users an "existing user" is defined as any user which is discharging wastewater prior to July 15, 2002. 26. "Fats, oils and grease (FOG)" means the term fats, oils, and grease shall mean those components of wastewater amenable to mea- surement by the methods described in Stan- dard Methods for the Examination of Water and Wastewater (current edition). The term "fats, oils and grease" shall include polar and nonpolar fats, oils, and grease and other com- ponents extracted from wastewater by these methods. 27. "Food service facility" means any facil- ity which prepares and/or packages food for sale or consumption, on- or off-site, with the exception of private residences. Food service facilities shall include, but are not limited to: food manufacturers, food packagers, restau- rants, grocery stores, bakeries, lounges, hospi- tals, hotels, nursing homes, churches, schools, and all other food service facilities not listed above. 28. "Grab sample" means a sample which is taken from a wastestream on a one-time basis without regard to the flow in the waste - stream and without consideration of time. 29. "Grease interceptor" means a device located underground and outside of a food ser- vice facility designed to collect, contain or remove food wastes and grease from the wastestream while allowing the balance of the liquid waste to discharge to the sewer system. 30. "Grease trap" means a device located in a food service facility or under a sink designed to collect, contain or remove food wastes and grease from the wastestream while allowing the balance of the liquid waste to discharge to the sewer system. 7-25 (Revised 5/04) 7.90.030 31. "High strength waste" means any waters or wastewater having a concentration of biochemical oxygen demand (BOD) or total suspended solids (TSS) in excess of 250 mg/L. 32. "Indirect discharge" or "discharge" means the introduction of pollutants into the POTW from any nondomestic source regu- lated under Section 307(b), (c), or (d) of the Act. The discharge into the POTW is normally by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, sur- face water intercepting ditches, and all con- structed devices and appliances appurtenant thereto. 33. "Industrial wastewater" means water or liquid -carried waste from any industry, manu- facturing operation, trade, or business which includes any combination of process waste- water, cooling water, contaminated storm - water, contaminated leachates, or other waters such that the combined effluent differs in some way from purely domestic sewage, or is sub- ject to regulation under federal categorical pre- treatment standards, the state waste discharge permit program, or Chapters 7.90 through 7.102 ECC. 34. "Interceptor" means a device designed and installed so as to separate and retain dele- terious or undesirable matter from normal wastes and permit normal liquid wastes to dis- charge to the sewer system. 35. "Interference" means a discharge which alone or in conjunction with a discharge or dis- charges from other sources, either: a. Inhibits or disrupts the POTW, its treatment processes or operations; b. Inhibits or disrupts its sludge pro- cesses, use or disposal; or c. Is a cause of a violation of the city's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory or regulatory provi- sions or permits issued thereunder: i. Section 405 of the Clean Water Act; (Revised 5/04) 7-26 ii. The Solid Waste Disposal Act (SWDA), including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); iii. The Code of Federal Regulations Title 40 Part 503, Standards for the Use or Dis- posal of Sewage Sludge; iv. Any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA; v. The Clean Air Act; vi. The Toxic Substances Control Act; vii. And the Marine Protection, Research, and Sanctuaries Act. 36. "Lateral" means that portion of the sew- age conveyance system from the point it exits the user's facility to the point where it connects to the POTW main line. Also known as a "side sewer." 37. "Liquid waste" is the discharge from any appliance, appurtenance, or other fixture in connection with a plumbing system that does not receive fecal matter. 38. "Maximum allowable discharge limit" means the maximum concentration (or load- ing) of a pollutant allowed to be discharged at any time. 39. "May" means a permissive or discre- tionary directive. 40. "Medical wastes" means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. 41. "New source" means: a. Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of applicable categorical standards, provided, that: i. The building, structure, facility, or installation is constructed at a site at which no other source is located; or Edmonds City Code ii. The building, structure, facility, or installation totally replaces the process or pro- duction equipment that causes the discharge of pollutants at an existing source; or iii. The production or wastewater generating processes of the building, structure, facility, or installation are substantially inde- pendent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be con- sidered. b. Construction on a site at which an existing source is located results in a modifica- tion rather than a new source, if the construc- tion does not create a new building, structure, facility, or installation meeting the criteria of subsection (41)(a)(11) or (iii) above but other- wise alters, replaces, or adds to existing pro- cess or production equipment. c. Construction of a new source as defined under this paragraph has commenced if the owner or operator has: i. Begun, or caused to begin as part of a continuous on-site construction program; A. Any placement, assembly, or installation of facilities or equipment; or B. Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facili- ties or equipment; or ii. Entered into a binding contractual obligation for the purchase of facilities or equipment that are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and con- tracts for feasibility, engineering, and design studies do not constitute a contractual obliga- tion under this definition. 7.90.030 42. "New user" is not necessarily a "new source" and is defined as a user that applies to the city for a new building permit or any per- son who occupies an existing building and plans to discharge wastewater to the city's col- lection system after July 15, 2002. Any person that buys an existing facility that is discharging nondomestic wastewater will be considered an "existing user" if no significant changes are made in the operation. 43. "Ordinance, this," as used in Chapters 7.90 through 7.102 ECC, shall mean the provi- sions of Chapters 7.90 through 7.102 ECC. 44. "Pass through" means a condition occurring when discharges from users (singly or in combination) exit the POTW in quantities or concentrations which either: (1) cause a vio- lation of any requirement of a city NPDES or state waste discharge permit; (2) cause an increase in the magnitude or duration of a vio- lation; or (3) cause a violation of any water quality standard for waters of the state promul- gated under state regulations including Chap- ter 173-201A WAC. 45. "Permittee" means a person or user issued a wastewater discharge permit or dis- charge authorization. 46. "Person" means any individual, part- nership, co -partnership, firm, company, corpo- ration, association, joint stock company, trust, estate, governmental entity, or any other legal entity, or their legal representatives, agents, or assigns. This definition includes all federal, state, or local governmental entities. 47. "pH" means a measure of the acidity or alkalinity of a substance, expressed in standard units. (Technically defined as the logarithm of the reciprocal of the mass of hydrogen ions in grams per liter of solution.) 48. "Pollutant" means any substance dis- charged into a POTW or its collection system which, if discharged directly, would alter the chemical, physical, biological or radiological properties of waters of the state of Washing- ton, including pH, temperature, taste, color, turbidity, oxygen demand, toxicity or odor. 7-27 (Revised 5/04) 7.90.030 This includes any discharge likely to create a nuisance or render such waters harmful, detri- mental or injurious to any beneficial uses, ter- restrial or aquatic life, or to public health, safety or welfare. 49. "Pretreatment" means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to (or in lieu of) introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means (except by diluting the concentration of the pollutants, unless allowed by an applicable pretreatment standard). 50. "Pretreatment requirements" means any substantive or procedural local, state, or federal requirement related to pretreatment developed under Chapter 90.48 RCW and/or Sections 307 and 402 of the Clean Water Act. 51. "Pretreatment standards" or "stan- dards" means any pollutant discharge limita- tions including categorical standards, state standards, and limits of ECC 7.91.040 applica- ble to the discharge of nondomestic wastes to the POTW. The term shall also include the prohibited discharge standards of Chapters 7.90 through 7.102 ECC, WAC 173-216-060, and 40 CFR Part 403.5. 52. "Process wastewater" means industrial wastewater minus cooling water/noncontact cooling water. 53. "Prohibited discharge standards" or "prohibited discharges" means absolute prohi- bitions against the discharge of certain sub- stances; these prohibitions appear in ECC 7.91.010(A) and (B). 54. "Publicly owned treatment works (POTW)" means a "treatment works," as defined by Section 212 of the Act (33 USC 1292) which is owned by the city. This defini- tion includes all devices, facilities, or systems used in the collection, storage, treatment, recy- cling, and reclamation of sewage or industrial wastewaters of a liquid nature and any convey- (Revised 5/04) 7-28 ances that convey wastewater to a treatment plant. The term also means the city of Edmonds wastewater treatment plant. 55. "Sanitary flow" means sewage. 56. "Septic tank waste" means any domes- tic and/or residential sewage from holding tanks such as vessels, chemical toilets, camp- ers, trailers, and septic tanks. 57. "Sewage" means water -carried human wastes or a combination of water -carried wastes from residences, business buildings, institutions and industrial establishments, together with such gray water (household showers, dishwashing operations, food prepa- ration, etc.) as may be present. 58. "Sewer" means any pipe, conduit, ditch, or other device used to collect and trans- port sewage from the generating source. 59. "Shall" means a mandatory directive. 60. Side Sewer. See "Lateral." 61. "Significant industrial user (SIU)" means: a. A user subject to categorical pretreat- ment standards; or b. A user that: i. Discharges an average daily flow of 25,000 GPD or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater); or ii. Contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or iii. Is designated as such by the department with input from the city on the basis that it, alone or in conjunction with other sources has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement. c. Upon a finding that a user meeting the criteria in subsection (b) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any applicable pretreatment standard or require- ment, the department may at any time, on its Edmonds City Code own initiative or in response to a petition received from a user or the city [and in accor- dance with procedures in 40 CFR 403.8(f)(6)] determine that such user should not be consid- ered a significant industrial user. 62. "Significant noncompliance (SNC)" shall refer to a violation or pattern of violation of one of the following natures: a. Chronic violations of wastewater dis- charge limits, defined here as those in which 66 percent or more of all wastewater measure- ments taken during a six-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount; b. Technical review criteria (TRC) vio- lations, defined here as those in which 33 per- cent or more of all wastewater measurements taken for each pollutant parameter during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC [ 1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH]; c. Any other discharge violation that the city believes has caused, alone or in combina- tion with other discharges, interference or pass through (including endangering the health of city personnel or the general public); d. Any discharge of pollutant that has caused imminent endangerment to human health, welfare or to the environment, or has resulted in the city's exercise of its emergency authority to halt or prevent such a discharge; e. Failure to meet, within 90 days after the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting con- struction, completing construction, or attain- ing final compliance; f. Failure to provide within 30 days after the due date, any required reports, including baseline monitoring reports, periodic self- monitoring reports, and reports on compliance with compliance schedules; g. Failure to accurately report noncom- pliance; or 7.90.030 h. Any other violation(s) that the direc- tor determines will adversely affect the opera- tion or implementation of the local pretreatment program. 63. "Slug load" means any discharge at a flow rate or concentration which could cause a violation of the discharge standards in ECC 7.91.010 through 7.91.040 or any discharge of a nonroutine, episodic nature, including but not limited to, an accidental spill or a noncus- tomary batch discharge, or any discharge greater than or equal to five times the amount or concentration allowed by permit or Chap- ters 7.90 through 7.102 ECC. 64. "Standard industrial classification (SIC) code" means a classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Manage- ment and Budget, as now exists or as may hereafter be amended. 65. "State" means the state of Washington. 66. "Stormwater" means any :flow occur- ring during or following any form of natural precipitation, and resulting from such precipi- tation, including snowmelt. 67. "Total suspended solids" means the total suspended matter that floats on the sur- face of, or is suspended in, water, wastewater, or other liquid, and which is removable by lab- oratory filtering and is amenable to measure- ment by the methods described in Standard Methods for the Examination of Water and Wastewater (current edition). 68. "Toxic pollutant" means one of the pol- lutants, or combination of those pollutants, listed as toxic in regulations promulgated by EPA under Section 307 (33 USC 1317) of the Act, or other pollutants as may be promul- gated. 69. "Treatment plant effluent" means the discharge from the city's POTW. 70. "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with applicable pretreatment standards because of factors beyond the rea- sonable control of the user. 7-29 (Revised 5/04) 7.90.040 71. "User" or "industrial user" means a source of indirect discharge. The source shall not include "domestic user" as defined herein. 72. "Wastewater" means liquid and water - carried industrial wastewaters and sewage from residential dwellings, commercial build- ings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW. 73. "Wastewater discharge permit (indus- trial wastewater discharge permit, discharge permit, discharge authorization)" means an authorization or equivalent control document issued by the department to users discharging wastewater to the POTW. The permit may contain appropriate pretreatment standards and requirements as set forth in Chapters 7.90 through 7.102 ECC. 74. "Wastewater treatment plant" or "treat- ment plant" or "pollution control facility" means that portion of the POTW that is designed to provide treatment of municipal sewage and industrial wastewater. 75. "Zero discharge permit" means a per- mit for a categorical user that operates its pro- cesses so that no industrial wastewater is discharged to the POTW. [Ord. 3487 § 1, 2004; Ord. 3401 § 1, 2002]. 7.90.040 Abbreviations. The following abbreviations shall have the designated meanings: AKART All known available and mg reasonable technology ASPP Accidental spill prevention plan BMPs Best management practices BOD Biochemical oxygen demand CFR Code of Federal Regulations COD Chemical oxygen demand EPA U.S. Environmental Protection Agency FOG Fats, oils, and grease gpd Gallons per day 1 Liter (Revised 5/04) 7-30 LEL Lower explosive limit mg Milligrams mg/L Milligrams per liter MSDS Material safety and data sheet NOV Notice of violation NPDES National Pollutant Discharge SWDA Elimination System O&M Operation and maintenance OSHA Occupational Safety and Health UPC Administration POTW Publicly owned treatment works RCRA Resource Conservation and Recovery Act, 42 USC 6901 et seq. RCW Revised Code of Washington SIC Standard Industrial Classifications SIU Significant industrial user SNC Significant noncompliance SWDA Solid Waste Disposal Act, Chapter 70.95 RCW TSS Total suspended solids UPC Uniform Plumbing Code USC United States Code WAC Washington Administrative Code With regards to abbreviations contained in this chapter, the use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use. [Ord. 3487 § 2, 2004; Ord. 3401 § 1, 2002]. Edmonds City Code 7.91.020 Federal categorical pretreatment standards. National categorical pretreatment standards as adopted and hereafter amended by the EPA pursuant to the Act shall be met by all users in the regulated industrial categories. These stan- dards, found in 40 CFR Chapter I, Subchapter N, Parts 405-471, as the same now exists or is hereinafter amended, are hereby incorporated by reference. [Ord. 3401 § 2, 2002]. 7.91.030 State requirements. A. State requirements and limitations on discharges to the POTW shall be met by all users which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations, or those in Chapters 7.90 through 7.102 ECC or other applicable ordinances. This includes the requirement to meet AKART as defined herein whenever applicable and more stringent than the limits of ECC 7.91.040, and to comply with the requirements of Chapter 7.92 ECC. B. Any user determined by the city to qual- ify as a significant industrial user shall file an application for a state waste discharge permit with the department in accordance with the requirements of WAC 173-216-070. Proof of acceptance of the application, and payment of permit fees shall be kept at the user's facilities, and produced upon request by the city. Failure to submit the application or rejection of the application by the department may be consid- ered sufficient grounds to terminate or refuse to provide sewer service. [Ord. 3401 § 2, 2002]. 7.91.040 Local limits. A. The following pollutant limits are estab- lished to protect against pass through and interference. No person shall discharge waste- water containing in excess of the following daily maximum allowable discharge limits: arsenic 0.36 mg/L cadmium 0.27 mg/L 7.91.060 chromium 1.99 mg/L copper 2.98 mg/L cyanide 0.29 mg/L lead 1.09 mg/L mercury 0.07 mg/L nickel 2.14 mg/L silver 1.44 mg/L zinc 5.13 mg/L nonpolar fats, oils, and 100 mg/L grease (NPFOG) B. The above limits apply at the point where the wastewater is discharged to the POTW (i.e., end of the user's pipe). Categori- cal pretreatment standards apply at the end of the process. However, the director may elect to have local limits apply after pretreatment and/or prior to mixing with dilution flows. C. All concentrations for metallic sub- stances are for "total" metal unless indicated otherwise. The department may impose mass limitations in addition to (or in place of) the concentration -based limitations above. D. Where a user is subject to a categorical pretreatment standard and a local limit for a given pollutant, the more stringent limit or applicable pretreatment standard shall apply. [Ord. 3487 § 3, 2004; Ord. 3401 § 2, 2002]. 7.91.050 City's right of revision. The city reserves the right to establish more stringent standards or requirements on dis- charges to the POTW. [Ord. 3401 § 2, 2002]. 7.91.060 Special agreement. A. The city reserves the right to enter into written agreements with users to accept pollut- ants compatible with the treatment system at concentrations greater than those typical of domestic wastewater. Within such agree- ments, the city may establish terms of the user's discharge to the POTW including max- imum flow rates and concentrations. The city may also establish fees to recover costs associ- ated with treating such wastes and monitoring 7-33 (Revised 5/04) 7.91.070 schedules in such agreements, as provided by ECC 7.102.010. In no case will a special agreement waive compliance with a state or federal pretreatment standard or requirement including federal categorical pretreatment standards. B. Users discharging or intending to dis- charge pollutants other than BOD and TSS, and claiming compatibility, must prove to the satisfaction of the director that such pollutants are compatible with the POTW. The director may require any claim of compatibility to be endorsed by the department. [Ord. 3401 § 2, 2002]. 7.91.070 Dilution. A user shall not increase the use of process water, or in any way attempt to dilute a dis- charge, as a partial or complete substitute for adequate treatment to achieve compliance with an applicable pretreatment standard or require- ment unless expressly authorized by an appli- cable pretreatment standard or requirement. The director may request the department to impose mass limitations on users, which he believes may be using dilution to meet applica- ble pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. [Ord. 3401 § 2, 2002]. 7.91.080 Pretreatment facilities. A. General Pretreatment Requirements. 1. Users shall procure and properly install, operate, and maintain the wastewater facilities which combined with appropriate practices are necessary to achieve AKART as defined herein. Such pretreatment facilities shall be designed to achieve compliance with all applicable pretreatment standards and requirements set out in Chapters 7.90 through 7.102 ECC within the time limitations speci- fied by the EPA, the state, or the director, whichever is more stringent. 2. Detailed plans showing the pretreat- ment facilities and operating procedures shall (Revised 5/04) 7-34 be submitted to the department for review and approval in accordance with the procedures of Chapter 173-240 WAC, and shall be submitted to the city before construction of the facility. The review of such plans and operating proce- dures will in no way relieve the user from the responsibility of modifying the facility as nec- essary to produce an acceptable discharge to the city and/or the department and meet dis- charge limitations under the provisions of Chapters 7.90 through 7.102 ECC. Any facili- ties required to pretreat wastewater to a level acceptable to the city shall be provided, oper- ated, and maintained at the user's expense. 3. Users shall comply with approved engineering reports, plans and specifications, and operations and maintenance manuals, and shall modify such documents to reflect any proposed modifications of industrial waste- water (pretreatment) facilities. Users shall sub- mit proposals to modify pretreatment facilities to the department before implementation in accordance with Chapter 173-240 WAC. Users shall submit a copy of such revised plans and the department's acceptance to the director before implementing changes to approved pre- treatment facilities. The director may audit the compliance of any user, and require changes in operating procedures deemed necessary by the director to ensure continued compliance with applicable pretreatment standards and require- ments. 4. New sources, and new users deter- mined to be SIUs, must have pretreatment facilities installed and operating prior to dis- charge, if required. 5. Users who operate restaurants, cafes, lunch counters, delis, cafeterias, bars, or clubs; or hotel, hospital, sanitarium, factory or school kitchens; butcher shops; grocery stores or other establishments where food (polar) grease may be introduced to the sewer system shall have pretreatment facilities to prevent the dis- charge of fat, oil, and grease. Such pretreat- ment facilities shall be either a grease interceptor or grease trap as determined by the Edmonds City Code director, and installed in the wastewater line leading from sinks, drains, or other fixtures where grease may be discharged. 6. Users who operate automobile or truck repair facilities, steam cleaning facilities for motorized equipment, air compressor(s), or any other establishments or equipment where petroleum based (nonpolar) grease and oil may be introduced to the sewer system shall have pretreatment facilities to prevent the discharge of oil and grease. These pretreatment facilities shall be oil/water separators or interceptors located to collect such mixture of grease, oil, and water. Such facilities shall be in accor- dance with city and state standards. 7. Oil or grease of petroleum or mineral origin (nonpolar) shall not be discharged to the city's sewer system at a concentration in excess of 100 mg/L. 8. A plumbing permit is required for the installation of a grease trap. Fee schedule on file with city clerk's office. 9. A side sewer permit is required for the installation of a grease interceptor. Fee schedule on file with the city clerk's office. B. Pretreatment Requirements for FOG. 1. The wholesale shredding and subse- quent discharge of food wastes into the POTW is prohibited. Dry scraping dishes and cooking ware and the installation of flat screens and/or baskets in the prerinse, preparation and pot sinks is encouraged to reduce the solid waste load and the discharge of fats and oils. A food or garbage disposal unit, if used, must be con- nected to a grease interceptor, which may require more frequent cleaning due to the increased solid waste load. A food or garbage disposal unit shall not be used in a facility that is served by a grease trap. For purposes of this section, a food or garbage disposal unit is any device designed to chop, cut, or grind food and other waste material and discharge such waste to the wastewater drainage system. 2. Users that recycle fats, oils and grease must do so in a way that complies with all 7.91.080 applicable state, city, and health department regulations. 3. The director will determine the type of grease removal equipment required accord- ing to the following criteria: a. For new facilities: After February 16, 2004, food service facilities which are newly proposed or constructed, or existing facilities which will be expanded or renovated to include a food service facility where such facility did not previously exist, shall be required to install, operate and maintain a grease interceptor. The director may, in his or her sole discretion, allow new facilities to install a grease trap instead of a grease inter- ceptor according to the following criteria: i. A grease trap may be utilized instead of a grease interceptor if it is demon- strated to the satisfaction of the director that the installation of a grease interceptor is phys- ically impracticable. For purposes of this determination, "physically impracticable" shall include, but is not necessarily limited to, the following conditions: (A) the lack of avail- able space on the premises; (B) unavoidable interference from underground utilities or structures; and (C) topographical conditions such as slope that unavoidably prevent instal- lation of a grease interceptor. ii. A grease trap may be utilized instead of a grease interceptor if both of the following conditions are present: (A) the city's interceptor sizing formula results in a required capacity of 500 gallons or less for the facility; and (B) the facility has a seating capacity of 60 or less; provided, that if either condition subse- quently ceases to exist, the director may require said facility to install a grease intercep- tor. Notwithstanding the above, noth- ing herein shall be construed as requiring the director to allow a grease trap in lieu of a grease interceptor. b. For existing facilities: Subject to the provisions of this subsection, food service facilities operating prior to February 16, 2004, 7-35 (Revised 5/04) 7.91.080 shall be permitted to install, operate, and main- tain grease traps that are properly sized and installed according to the city's guidelines in lieu of grease interceptors. However, the direc- tor may, in his or her sole discretion, require an existing facility to install a grease interceptor if the facility meets one or both of the following conditions: (A) continues to deposit FOG in the wastewater collection system; or (B) repeatedly violates BMPs or maintenance standards. i. Continued FOG deposition: The facility shall be notified in writing by the direc- tor if it must upgrade to a properly sized and installed grease trap. Immediately following the allowable period , for installation and upgrade, the director may begin evaluation of performance and FOG removal effectiveness by inspection of the affected sewer main line and lateral or by other appropriate means. If the facility is found to still be contributing FOG in quantities and at a projected deposition rate sufficient to necessitate cleaning the affected portion of the city's wastewater col- lection system more frequently than once every five years, or if the lateral continues to require cleaning one or more times per year to prevent grease blockages, then the director may require installation of a grease intercep- tor. ii. Violation of maintenance stan- dards or BMPs: If the facility demonstrates an unwillingness or incapacity to apply appropri- ate BMPs or to conduct proper grease trap maintenance by receiving four or more written notices of violation within a 12 -month period, or six or more within a 24 -month period, then the director may require installation of a grease interceptor in addition to or in lieu of any other fees, penalties, or other enforcement action. iii. The director shall give written notification to a facility that is required to install a grease interceptor and shall require such installation to be completed within 12 months of receipt of written notification. (Revised 5/04) 7-36 iv. Approval by the director of proposed grease removal equipment does not in any way guarantee that this equipment will function in the manner described by its con- structor or manufacturer; nor shall it relieve a person or facility of the responsibility of replacing, enlarging, or otherwise modifying such equipment to accomplish the intended purpose. Approval by the director to install and operate a grease trap shall not be construed to mean that a grease interceptor may not subse- quently be required according to the aforemen- tioned criteria. c. Exempt facilities: The director, in his or her sole discretion, may grant exemption from the requirement for grease removal equipment to facilities that have little or no potential to contribute oil and grease to the wastewater collection system because they do not cook or prepare food. The director may revoke a facility's exemption if that facility's operation changes to include cooking or food preparation or if it becomes apparent that FOG is being discharged and accumulating in the facility's lateral or the POTW main line. 4. The use of any additive, such as enzymes, chemicals, or bacteria, as a substitute for grease traps or interceptors or the mainte- nance of grease traps or interceptors is prohib- ited. In no case shall any additive that emulsi- fies fats, oils or grease be used. Any use of additives as a supplement to grease intercep- tors shall first be authorized in writing by the director prior to their use by the facility owner or the grease hauler. MSDS sheets and any other applicable information concerning the composition, frequency of use and mode of action of the proposed additive shall be sent to the city together with a written statement out- lining the proposed use of the additive(s). Based upon the information received and any other information solicited from the potential user or supplier, the city shall allow or deny the use of the additive in writing. Permission to use any specific additive may be withdrawn by the city at any time if violations of this chapter Edmonds City Code occur that can be demonstrated to be due to the use of the additive. 5. Alternative grease/oil removal sys- tems may be approved in writing by the direc- tor on a case-by-case basis to augment or replace grease interceptors to achieve accept- able discharge. Testing of alternative devices to demonstrate acceptable removal of FOG shall be at the expense of the user. 6. Authorized city employees shall be allowed ready access at all reasonable times to all parts of the user's premises for the purpose of inspection, observation, records examina- tion, measurement, sampling and testing in accordance with the provisions of Chapters 7.90 through 7.102 ECC. The refusal of any user to allow the director entry to or upon the user's premises for purposes of inspection, sampling effluents or inspecting and copying records or performing such other duties as shall be required by Chapters 7.90 through 7.102 ECC shall constitute a violation of Chapters 7.90 through 7.102 ECC. The direc- tor may seek a warrant or use such other legal procedures as may be advisable and reason- ably necessary to discharge his duties under Chapters 7.90 through 7.102 ECC. 7. Inspections. City employees may inspect the user's premises on both an unscheduled and unannounced basis or on a scheduled basis to ascertain whether the intent of Chapters 7.90 through 7.102 ECC is being met and all requirements are being complied with. The official may also determine if the facility has implemented best management practices as fully as possible. Inspections may include all equipment, food processing and storage areas and shall pay special attention to the processes that produce wastewater which is discharged from the facility through the grease interceptor/trap. The official may also inspect the interceptor/trap maintenance record, other pertinent data, the grease inter- ceptor/trap and may check the level of the interceptor/trap contents and/or take samples 7.91.080 as necessary. Noted deficiencies may include but not be limited to: a. Failure to properly maintain the grease interceptor or trap in accordance with the provision of Chapters 7.90 through 7.102 ECC. b. Failure to record pumping activities or keep copies of manifest forms or receipts. c. Failure to maintain logs, files, records or access for inspection or monitoring activities. 8. Reinspections. The city official shall reinspect users' facilities that received defi- ciency notices at a previous inspection. The city official shall inspect the repairs or other deficiencies and shall provide written notice of compliance or noncompliance as the case may be. In the event of continuing noncompliance, successive reinspections will be scheduled and appropriate fees shall be charged to the user concerned. A first reinspection shall be per- formed after a minimum of 30 working days has elapsed to allow for corrective action by the user to be completed. 9. Monitoring. The city shall have the right to inspect a facility's lateral or to sample and analyze the wastewater from any facility at any time to determine compliance with the requirements of the city code and to evaluate the performance and effectiveness of equip- ment and procedures to remove FOG from the waste stream. Evidence of the deposition of FOG in the facility's lateral or the city's sewer line may cause enforcement action to be initi- ated, and the city's monitoring costs may be billed to the user. 10. If a failure to maintain grease traps or interceptors, results in partial or complete blockage of the building sewer, private sewer system discharging to the city sewer system, or other parts of the city sewer system, or adversely affects the treatment or transmission capabilities of the POTW, or requires exces- sive maintenance by the city, or poses a possi- ble health hazard, the discharger responsible 7-37 (Revised 5/04) 7.91.080 for the facilities shall be subject to the reme- dies herein, including cost recovery, enforce- ment and penalties. C. Grease Traps. All grease trap installa- tions must meet the following criteria: 1. Trap Design and Location. Grease traps shall conform to the standards in the cur- rent edition of the UPC. Grease traps shall be installed in strict accordance with the manu- facturer's instructions. Grease traps shall be equipped with a cover and a mechanism for a secure closing. Flow control devices shall be required where the water flow through the grease trap may exceed its rated flow. Dish- washers and food or garbage disposal units shall not be connected to grease traps. No more than four fixtures shall connect to an individ- ual grease trap. Grease traps shall be located in the facility's sewer line between all fixtures which may introduce grease into the sewer system and the connection to the city's waste- water collection system. Wastewater from san- itary facilities and other similar fixtures shall not be introduced into the grease trap under any circumstances. 2. Trap Capacity. The required flow capacity of the grease trap in gallons per minute shall be determined according to sizing guidelines adopted by the director. The direc- tor may require installation of a grease trap having a greater capacity than that indicated by said guidelines if deemed necessary to protect the city's sewer system. 3. Flow Control Device. Grease traps shall be equipped with a device to control the rate of flow through the unit. The rate of flow shall not exceed the manufacturer's rated capacity recommended in gallons per minute for the unit. 4. Inspection, Cleaning and Mainte- nance. Each facility shall be solely responsible for the cost of trap installation, inspection, cleaning and maintenance. Each facility may contract with a grease hauler, or it may develop a written protocol and perform its own grease trap cleaning and maintenance proce- (Revised 5/04) 7-38 dures. Cleaning and maintenance must be per- formed when the total volume of captured grease and solid material displaces more than 25 percent of the total volume of the unit. Each facility shall determine the frequency at which their grease trap shall be cleaned, but all grease traps shall be opened, inspected, cleaned and maintained at a minimum of once per week. However, the director, in his or her sole discre- tion, may authorize in writing a different schedule based upon the rate at which 25 per- cent of the unit's volume is displaced by retained grease and solids as determined by inspections. 5. Inspection. Grease traps may be inspected by the city as necessary to assure compliance with Chapters 7.90 through 7.102 ECC and to assure proper cleaning and main- tenance schedules are being adhered to. 6. Repairs. The facility shall be respon- sible for the cost and scheduling of all repairs to its grease trap(s). Repairs required by the city shall be completed within 14 working days after the date of written notice of required repairs is received by the facility. Users may utilize a different schedule for repair upon prior written approval from the city. 7. Disposal. Grease and solid materials removed from a grease trap shall be disposed of in the solid waste disposal system. 8. Record Keeping. The facility shall maintain records of the date and time of all cleaning and maintenance of each grease trap, and shall make this record available for inspec- tion by the city on demand. D. Grease Interceptors. All grease intercep- tor installations must meet the following crite- ria: 1. Interceptor Design and Location. Grease interceptors shall conform to the stan- dards in the current edition of the UPC. Grease interceptors shall have a minimum of two compartments and shall be capable of separa- tion and retention of grease and storage of set- tled solids. Extended inlet and outlet sanitary tees must be; provided, that extend down to Edmonds City Code within 12 inches from the bottom of the tank. The owner/operator must provide, at his or her sole expense, an access manhole over each compartment for monitoring purposes. The inlet and outlet tees must be a minimum of six inches in diameter, and the influent and efflu- ent flow must be visible and easily accessible from the access manhole for sampling. Covers shall have a gastight fit. The grease interceptor shall be designed, constructed and installed for adequate load-bearing capacity. Grease inter- ceptors shall be located in the facility's lateral sewer line between all fixtures which may introduce grease into the sewer system and the connection to the city's wastewater collection system. Such fixtures shall include but not be limited to: sinks, dishwashers, automatic hood wash units, floor drains in food preparation and storage areas, and any other fixture which is determined to be a potential source of grease. Wastewater from sanitary facilities and other similar fixtures shall not be introduced into the grease interceptor under any circum- stances. Interceptors shall be installed in a location outside of the building which pro- vides easy access at all times for inspections, cleaning and proper maintenance, including pumping. The director is authorized to adopt additional criteria and specifications for grease interceptors. 2. Interceptor Capacity. Grease inter- ceptor capacity calculations shall be per- formed by each facility based on size and type of operation according to the formulas con- tained in the sizing guidelines adopted by the director. The minimum capacity of any one unit shall be 500 gallons and the maximum capacity of any one unit shall be 4,000 gallons. 3. Inspection, Pumping and Mainte- nance. Each facility shall be responsible for the costs of installing, inspecting, cleaning and maintaining its grease interceptor. All facili- ties that have grease interceptors shall utilize a grease hauler. Pumping services shall include the complete removal of all contents, including floating materials, wastewater, and bottom 7.91.080 sludges and solids. Decanting or discharging of removed wastes back into the grease inter- ceptor from which the wastes were removed, or into any other grease interceptor, for the purpose of reducing the volume to be disposed of is strictly prohibited. Grease interceptor cleaning shall include removal of excessive solids from the walls, floors, baffles and all pipework. Each facility shall ensure that all fit- tings and fixtures inside the interceptor are in good condition and functioning properly after the pumping procedure, and that the unit is filled with enough clean, cool tap water to pre- vent any FOG from passing through the unit as it fills. 4. Interceptor Pumping Frequency. Each facility shall clean its grease interceptor at a minimum frequency of once every 90 days. Each facility shall determine the fre- quency at which its grease interceptor shall be pumped according to the following criteria: a. When the floatable grease layer exceeds 12 inches in depth as measured in the inlet compartment; or b. When the total volume of captured grease and solid material displaces more than 25 percent of the capacity of the interceptor as measured in the inlet compartment; or c. When the interceptor is not retain- ing/capturing oils and greases; or the removal efficiency of the device, as determined through sampling and analysis, is less than 80 percent. 5. Cleaning Variance. If a facility believes that quarterly pumping of their grease interceptor is unnecessary in order to remain in compliance with the criteria of subsection (D)(4) of this section, the facility may make written application to the director for a written variance from the quarterly pumping require- ments. City employees will review cleaning maintenance records and perform physical inspections of the interceptor as needed to ver- ify compliance with subsection (D)(4) of this section. The city will base the new cleaning frequency schedule upon observed accumula- tion for the user requesting the variance. 7-39 (Revised 5/04) 7.91.090 6. Inspection. Grease interceptors may be inspected by the city as necessary to assure compliance with Chapters 7.90 through 7.102 ECC and to assure proper cleaning and main- tenance schedules are being adhered to. 7. Repairs. The facility shall be respon- sible for the cost and scheduling of all repairs to its grease interceptor(s). Repairs required by the city shall be completed within 14 working days after the date of written notice of required repairs is received by the facility or other schedule upon written approval from the city. 8. Disposal. Wastes removed from each grease interceptor shall be disposed of at a facility that is permitted to receive such wastes. Grease or gray water shall not be returned to any grease interceptor, private sewer line or to any portion of the city's waste- water collection system. 9. Record Keeping. Each facility shall maintain records of the date and time of all cleaning and maintenance of each grease inter- ceptor, and shall make this record available for inspection by the city on demand. E. Other Interceptors. 1. Dischargers who operate automatic and coin-operated laundries, car washes, fill- ing stations, commercial garages or similar businesses having any type of washing facili- ties (including pressure washing and steam cleaning) or any other dischargers producing grit, sand, oils, lint, or other materials which have the potential of causing partial or com- plete obstruction of the building side sewer or other areas in the POTW shall, upon order of the director, install approved interceptors, oil/water separators, or tanks in accordance with specifications adopted by the city of Edmonds such that excessive amounts of oil, sand and inert solids are effectively prevented from entering the POTW. 2. Installation and Maintenance. All grease interceptors, oil/water separators, set- tling tanks and grit traps shall be properly installed, maintained and operated by the dis- charger at his own expense. The installation (Revised 5/04) 7-40 shall be kept in continuous operation at all times, and shall be maintained in a manner that shall prevent oil or grease, and inert solids from being carried into the sewer system at all times. A service contractor qualified to per- form such cleaning must perform cleaning. All material removed shall be disposed of in accordance with all state and federal regula- tions. Records and certification of mainte- nance shall be made readily available to the director for review and inspection, and must be maintained for a minimum of three years. 3. If a failure to maintain settling tanks, grit traps, grease interceptors, or oil/water sep- arators results in partial or complete blockage of the building sewer, private sewer system discharging to the city sewer system, or other parts of the city sewer system, or adversely affects the treatment or transmission capabili- ties of the POTW, or requires excessive main- tenance by the city, or poses a possible health hazard, the discharger responsible for the facil- ities shall be subject to the remedies herein, including cost recovery, enforcement and pen- alties. [Ord. 3487 § 4, 2004; Ord. 3401 § 2, 2002]. 7.91.090 Deadline for compliance with applicable pretreatment requirements. A. Pretreatment Facilities for FOG. All res- taurants, cafes, lunch counters, delis, cafete- rias, bars, or clubs; or hotel, hospital, sanitarium, factory or school kitchens; butcher shops; or other establishments where food (polar) grease may be introduced to the sewer system which do not have grease traps or inter- ceptors, or do not have adequately sized or cor- rectly installed traps or interceptors shall meet the requirement for removal of fats, oils, and grease by installing or properly connecting an approved grease trap or interceptor, as deter- mined by the director. Edmonds City Code Facilities that are required to install approved grease interceptors shall do so within 12 months after receiving written notification from the director. Facilities that are allowed to install approved grease traps or to upgrade existing trap installations, as provided elsewhere in this chapter, shall do so within 90 days after receiv- ing written notification from the director. Facilities which are newly proposed or con- structed after February 16, 2004, shall meet the requirements in this chapter for installation of grease removal equipment prior to commence- ment of discharge. B. Significant Industrial Users. Compli- ance by existing sources (categorical users) covered by categorical pretreatment standards shall be within three years of the date the stan- dard is effective unless a shorter compliance time is specified in the appropriate standard. The department shall establish a final compli- ance deadline date for any categorical user when the local limits for said user are more restrictive than EPA's categorical pretreat- ment standards. New source dischargers, and "new users" that are determined to be SIUs, are required to comply with applicable pretreatment standards within the shortest feasible time (not to exceed 90 days from the beginning of discharge). New sources, and "new users" that are determined to be SIUs, shall install and have in operating condition, and shall "start-up" all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge. [Ord. 3487 § 5, 2004; Ord. 3401 § 2, 2002]. 7.91.100 Additional pretreatment measures. A. Whenever deemed necessary, the direc- tor may require users to restrict their discharge during peak flow periods, designate that cer- tain wastewater be discharged only into spe- cific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams 7.91.110 from industrial wastewater streams, and such other conditions as may be necessary to protect the POTW and determine the user's compli- ance with the requirements of Chapters 7.90 through 7.102 ECC. B. When determined necessary by the director, each user discharging into the POTW shall install and maintain, on his property and at his expense, a suitable storage and flow -con- trol facility to ensure equalization of flow. The director may require the facility to be equipped with alarms and a rate of discharge controller, the regulation of which shall be determined by the director. A wastewater discharge permit or discharge authorization may be issued solely for flow equalization. C. Grease, oil, and sand interceptors shall be provided when, in the opinion of the direc- tor, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residen- tial users. All interception units shall be of type and capacity approved by the director and shall be so located to be easily accessible for clean- ing and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at his expense. D. Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter. [Ord. 3401 § 2, 2002]. 7.91.110 Accidental discharge/slug control plans. A. The director may require any user to install, properly operate and maintain, at its own expense, facilities to prevent slug loads or accidental discharges of pollutants to the POTW. The director may require users to pro- duce and/or implement spill plans developed in compliance with applicable OSHA, health, fire, and department regulations applicable to discharges to POTWs. Where deemed neces- sary by the director, facilities to prevent acci- dental discharge or slug discharges of 7-41 (Revised 5/04) 7.91.120 pollutants shall be provided and maintained at the user's cost and expense. When such plans are required by the director, they shall contain at least the following elements: 1. Description of discharge practices, including nonroutine batch discharges; 2. Description of stored chemicals; 3. Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any of the stan- dards in ECC 7.91.010 through 7.91.040; and 4. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run- off, worker training, building of containment structures or equipment, measures for contain- ing toxic organic pollutants (including sol- vents), and/or measures and equipment for emergency response. B. Users shall notify the Edmonds waste- water treatment plant orally or in writing immediately upon the occurrence of a slug load or "accidental discharge" of substances regulated by Chapters 7.90 through 7.102 ECC. The notification shall include location of discharge, date and time thereof, type of waste, concentration and volume, and corrective actions. Any affected user shall be liable for any expense, loss, or damage to the POTW, in addition to the amount of any fines imposed on the city on account thereof under state or fed- eral law. C. Within seven days following an acciden- tal discharge, the user shall submit to the direc- tor a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such (Revised 5/04) 7-42 notification relieve the user of any fines, civil penalties, or other liability which may be imposed by Chapters 7.90 through 7.102 ECC or other applicable law. D. Signs shall be permanently posted in conspicuous places on the user's premises advising employees whom to call in the event of a slug or accidental discharge. Employers shall instruct all employees who may cause or discover such a discharge with respect to emergency notification procedures. [Ord. 3401 § 2, 2002]. 7.91.120 Septic tank wastes. No septic tank wastes shall be discharged to the POTW. [Ord. 3401 § 2, 2002]. Edmonds City Code Chapter 7.92 WASTEWATER PRETREATMENT — WASTEWATER DISCHARGE PERMIT REQUIREMENTS Sections: 7.92.010 Requirements to complete industrial user surveys. 7.92.020 Wastewater discharge permitting — Requirements for discharge. 7.92.030 Permit requirements for dangerous waste constituents. 7.92.010 Requirements to complete industrial user surveys. The director may periodically notify new, existing, and potential users of the requirement to complete an industrial user survey form. Upon notification, users shall fully and accu- rately complete the survey form, and return the completed form to the director within 30 days of receipt. Each user shall maintain a copy of the latest completed survey form at their place of business. Failure to fully or accurately com- plete a survey form or to maintain the latest survey form on the premises where a waste- water discharge is occurring shall be a viola- tion of Chapters 7.90 through 7.102 ECC. [Ord. 3487 § 6, 2004; Ord. 3401 § 3, 2002]. 7.92.020 Wastewater discharge permitting — Requirements for discharge. A. No significant industrial user shall dis- charge wastewater into the POTW without first obtaining a written statement from the director that the POTW has the hydraulic, and/or loading capacity to accept the dis- charge. Each SIU must also comply with the state requirements listed in ECC 7.91.030, and in particular, apply for and receive a waste- water discharge permit from the department which authorizes the discharge. The director may require proof of application as a condition of new or continued discharge. Obtaining a wastewater discharge permit does not relieve 7.92.030 an SIU of its obligation to comply with all fed- eral and state pretreatment standards or requirements or with any other requirements of federal, state, and local regulation including the requirement for applying AKART. B. The director may require other users, including liquid waste haulers, to obtain wastewater discharge permits (as necessary) to carry out the purposes of Chapters 7.90 through 7.102 ECC. C. The director may also establish, and require users by letter, permit, or rule, to implement those best management practices determined by the director to be representative of AKART, or to discontinue use of any sub- stance for which an effective substitute is available which either: 1. Will lessen the potential for violating Chapters 7.90 through 7.102 ECC or any water quality standard; or 2. May represent a significant decrease either singly, or in combination with other sim- ilar users, in the toxicity of pollutant loadings to the POTW. [Ord. 3401 § 3, 2002]. 7.92.030 Permit requirements for dangerous waste constituents. Users discharging a wastestream containing dangerous wastes as defined in Chapter 173- 303 WAC (listed, characteristic, or criteria wastes) are required to comply with the fol- lowing permit provisions: A. Obtain a written authorization to dis- charge the waste from the director, and either obtain specific authorization to discharge the waste in a state waste discharge permit issued by the department, or accurately describe the wastestream in a temporary permit obtained pursuant to RCW 90.48.165. The description shall include at least: 1. The name of the dangerous waste as set forth in Chapter 173-303 WAC, and the dangerous waste number; 2. The mass of each constituent expected to be discharged; 7-43 (Revised 5/04) 7.93.010 3. The type of discharge (continuous, batch, or other). B. Compliance shall be obtained on the fol- lowing schedule: 1. Before discharge for new users; 2. Within 30 days after becoming aware of a discharge of dangerous wastes to the POTW for existing users; and 3. Within 90 days after final rules iden- tifying additional dangerous wastes or new characteristics or criteria of dangerous waste are published for users discharging a newly listed dangerous waste. [Ord. 3401 § 3, 2002]. (Revised 5/04) 7-44 Chapter 7.93 WASTEWATER PRETREATMENT — REPORTING REQUIREMENTS Sections: 7.93.010 Disclosure of records. 7.93.020 Reports from unpermitted users. 7.93.030 Reporting requirements for dangerous waste constituents. 7.93.040 Record keeping. 7.93.010 Disclosure of records. Each user shall have available at the loca- tion of discharge all records and reports required by Chapters 7.90 through 7.102 ECC, any applicable state and federal regulation, or any permit or order issued thereunder. Each user shall make such records available for review by the director during business hours, when activities are being conducted at the facility, and at all reasonable times. Failure to comply with this provision is a violation of Chapters 7.90 through 7.102 ECC. [Ord. 3401 § 4, 2002]. 7.93.020 Reports from unpermitted users. All users not required to obtain a wastewater discharge permit from the department shall provide appropriate reports to the city as the director may require. The director shall deter- mine the schedule and format of such reports, and the pollutant properties, flow rates, and other pertinent information to be reported. [Ord. 3401 § 4, 2002]. 7.93.030 Reporting requirements for dangerous waste constituents. Any user discharging 100 kilograms or more of dangerous waste in any calendar month to the POTW where the pollutants are not reported through self-monitoring under an applicable state waste discharge permit, shall report to the director and the department, the following information to the extent that it is known or readily available to the user: Edmonds City Code A. The name of the dangerous waste as set forth in Chapter 173-303 WAC, and the dan- gerous waste number; B. The specific hazardous constituents; C. The estimated mass and concentration of such constituents in wastestreams discharged during the calendar month; D. The type of discharge (continuous, batch, or other); and E. The estimated mass of dangerous waste constituents in wastestreams expected to be discharged in the next 12 months. [Ord. 3401 § 4, 20021. 7.93.040 Record keeping. A. Users subject to Chapters 7.90 through 7.102 ECC shall retain, and make available for inspection and copying, all records of informa- tion maintained to comply with Chapters 7.90 through 7.102 ECC, a state waste discharge permit, or approved operations and mainte- nance procedures (inspections, lubrication, repair, etc.). Users subject to monitoring activ- ities shall keep records of all monitoring activ- ities whether required or voluntary. B. Monitoring records shall include the date, exact place, method, and time of sam- pling and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. C. These records shall remain available for a period of at least three years. This period shall be automatically extended for the dura- tion of any litigation concerning the user or POTW, or where the user has been specifically notified of a longer retention period by the director. [Ord. 3401 § 4, 2002]. 7.94.010 Chapter 7.94 WASTEWATER PRETREATMENT — SAMPLING AND ANALYTICAL REQUIREMENTS Sections; 7.94.010 Sampling requirements for users. 7.94.020 Analytical requirements. 7.94.030 City monitoring of user's wastewater. 7.94.010 Sampling requirements for users. A. Users which discharge to the Edmonds POTW shall abide by all applicable waste- water monitoring requirements of Chapters 7.90 through 7.102 ECC, any applicable order, and any state or federal regulation or permit, including a state waste discharge or NPDES permit. The director may require self-monitor- ing as a requirement of discharge to the POTW, or may conduct city monitoring of any discharge to the POTW. B. Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated or manufacturing process if no pretreatment exists or as determined by the city and/or contained in the user's wastewater discharge permit. For categorical users, if other wastewaters are mixed with the regu- lated wastewater prior to pretreatment the user shall measure the flows and concentrations necessary to allow use of the combined waste - stream formula of 40 CFR 403.6(e) in order to evaluate compliance with the applicable national categorical pretreatment standards. Other SIUs which are required to sample, shall measure the flows and concentrations neces- sary to evaluate compliance with the pretreat- ment standards and requirements. C. Noncategorical Users. All other users where required to sample, shall measure the flows and pollutant concentrations necessary to evaluate compliance with pretreatment stan- dards and requirements. 7-44.1 (Revised 5/04) 7.94.020 D. Users that analyze wastewater samples shall record and report with the sampling results, the information required in ECC 7.93.040(B). All required reports shall also certify that such sampling and analysis is rep- resentative of normal work cycles and expected pollutant discharges from the user. If a user sampled and analyzed more frequently than what was required in its wastewater dis- charge permit, using methodologies in 40 CFR Part 136, it must submit all results of sampling and analysis of the discharge with the next required wastewater discharge report. Reports containing incomplete information shall not demonstrate compliance with Chapters 7.90 through 7.102 ECC, or a wastewater discharge permit. [Ord. 3487 § 7, 2004; Ord. 3401 § 5, 2002]. 7.94.020 Analytical requirements. A. All pollutant analyses, including sam- pling techniques, shall be performed in accor- dance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be per- formed in accordance with procedures approved by the EPA or the department. B. All analyses required to be reported with the exception of flow, temperature, settleable solids, conductivity, and pH shall be per- formed by a laboratory registered or accredited under the provisions of Chapter 173-50 WAC. Laboratories must be accredited for the analy- ses which they are performing. [Ord. 3487 § 8, 2004; Ord. 3401 § 5, 2002]. 7.94.030 City monitoring of user's wastewater. The city will follow the same procedures required of users described in ECC 7.94.010 and 7.94.020 whenever conducting waste- (Revised 5/04) 7-44.2 water sampling of any industrial user when such sampling is conducted to ensure compli- ance Edmonds City Code a. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; b. There were no feasible alternatives to the bypass, such as the use of auxiliary treat- ment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reason- able engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive mainte- nance; and c. The user submitted notices as required under subsection (C) of this section. 2. The POTW may approve an antici- pated bypass, after considering its adverse effects, if the POTW determines that it will meet the three conditions listed in subsection (13)(1) of this section. [Ord. 3401 § 11, 2002]. 7-55 Chapter 7.101 (Reserved) 7.100.030 (Revised 5/04) 7.102.010 Chapter 7.102 WASTEWATER PRETREATMENT — MISCELLANEOUS PROVISIONS Sections: 7.102.010 Pretreatment charges and fees. 7.102.020 Severability. 7.102.030 Conflicts. 7.102.040 Nonliability. 7.102.050 Savings. 7.102.010 Pretreatment charges and fees. A. General Charges and Fees. 1. The following fees relate solely to the matters covered by Chapters 7.90 through 7.102 ECC and are separate from all other rates or charges for sewer service; provided, that the city shall collect said charges in the same manner as other sewer utility rates are collected, including, but not limited to, the sewer lien procedures provided under Chapter 35.67 RCW. A fee schedule containing all applicable charges shall be maintained on file at the city clerk's office. 2. Fees shall correspond to the actual amount of expense incurred by the city, and may include: a. Fees for monitoring, inspection, surveillance and enforcement procedures including the cost of collection and analyzing a user's discharge; b. Fees for reviewing and responding to accidental discharge procedures and con- struction; c. Fees for preparing and executing enforcement action; d. Fees for filing appeals; e. Fees for high strength waste and industrial process flow; and f. Other fees as the city may deem necessary to carry out the requirements con- tained herein. 3. All fees or charges will be collected by direct billing. Unless the director has been made aware of extenuating circumstances that would prevent prompt payment, all fees are (Revised 5/04) 7-56 payable within 30 days of the billing. Fees past due will be considered a violation of Chapters 7.90 through 7.102 ECC. Users not paying fees within 60 days of the billing period will be subject to termination of service. The director may change existing or adopt new fees. B. High Strength Waste Surcharge. 1. Monthly Fee for BOD and Suspended Solids. Rates for strength of industrial waste- water from high strength users are established for each pound of BOD and suspended solids as authorized by ECC 7.91.060. 2. Sampling of Industrial Wastewater. The samples taken shall be 24-hour composite samples, obtained through flow -proportioned composite samples, where feasible. Charges shall apply as specified in subsection (13)(3) of this section, as determined on the basis of at least one 24-hour flow proportioned or timed sample analysis to be obtained twice per month and such analyses averaged for each month; provided, a new average for strength of industrial wastewater may be computed, regardless of previous averages, when changes in preliminary treatment or industrial process changes have been made which are expected to significantly change the average strength of wastes. 3. Surcharge Fee. Users having effluent concentrations of BOD and/or TSS in excess of 250 mg/L will be billed a high strength waste surcharge fee. The surcharge rate is $0.158736 per pound of BOD or TSS. The director may establish new rates based upon the cost of conveyance and treatment in the POTW. C. Industrial Flow Surcharge. An industrial flow surcharge will be billed to significant industrial users and categorical users (and may be billed to other users where deemed appro- priate by the director). This charge is based upon measured volume of total sewage or metered water consumption, as determined by the director. The surcharge rate is $0.19 per 1,000 gallons industrial wastewater flow. The Edmonds City Code director may establish new rates based upon the cost of conveyance and treatment in the POTW. D. Billing. Sewer use service charges under this chapter shall be billed monthly by the city director of finance. The amount of the charge will be determined by the director at the end of each month and will be submitted to the city director of finance after sufficient time has been given for laboratory analysis of all sew- age samples and/or computations. Charges will be computed and billed based on records of flow from the previous month and mean waste strengths as determined in subsections (B) and (C) of this section. The director may check sewage strength as outlined in this chap- ter and adjust charges where applicable at any time in accordance with all the provisions of this chapter. [Ord. 3487 § 9, 2004; Ord. 3401 § 13, 2002]. 7.102.020 Severability. Should any chapter, subchapter, paragraph, sentence, clause or phrase of Chapters 7.90 through 7.102 ECC or its application to any person or situation be declared unconstitu- tional or invalid for any reason, such decision shall not affect the validity of the remaining portions of Chapters 7.90 through 7.102 ECC or its application to any other person or situa- tion. The city council of the city of Edmonds hereby declares that it would have adopted Chapters 7.90 through 7.102 ECC and each chapter, subchapter, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more chapters, subchapters, clauses, phrases or portions be declared invalid or unconstitutional. [Ord. 3401 § 13, 2002]. 7.102.030 Conflicts. In the event of any inconsistency between the provisions of Chapters 7.90 through 7.102 ECC and any other city regulation, the provi- sions of Chapters 7.90 through 7.102 ECC shall govern to the extent of such inconsis- tency. [Ord. 3401 § 13, 2002]. 7.102.050 7.102.040 Nonliability. It is the specific intent of Chapters 7.90 through 7.102 ECC to place the obligation of complying with these regulations upon the applicant or user and no provision nor any term used in Chapters 7.90 through 7.102 ECC is intended to impose any duty whatsoever upon the city or any of its officers, employees or agents, except as provided under the Act or other related statutes of the United States or the State of Washington. Nothing contained in Chapters 7.90 through 7.102 ECC is intended to be nor shall be con- strued to create or form the basis for any tort liability on the part of the city or its officers, employees or agents, for any injury or damage resulting from the failure of an applicant or user to comply with the provisions of Chapters 7.90 through 7.102 ECC, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the imple- mentation or enforcement of 'Chapters 7.90 through 7.102 ECC, or inaction on the part of the city related in any manner to the implemen- tation or the enforcement of Chapters 7.90 through 7.102 ECC by its officers, employees or agents. [Ord. 3401 § 13, 2002]. 7.102.050 Savings. The enactments of Chapters 7.90 through 7.102 ECC shall not affect any case, proceed- ing, appeal or other matter currently pending in any court or in any way modify any right or lia- bility, civil or criminal, which may be in exist- ence on July 15, 2002. [Ord. 3401 § 13, 2002]. 7-57 (Revised 5/04) 7.200.010 Chapter 7.200 ILLEGAL DISCHARGES TO STORMWATER SYSTEM AND WATERCOURSES Sections: 7.200.010 Purpose and intent. 7.200.020 Definitions. 7.200.030 Applicability. 7.200.040 Responsibility for administration. 7.200.050 Severability. 7.200.060 Ultimate responsibility. 7.200.070 Discharge prohibitions. 7.200.080 Suspension of water service, sanitary sewer service and municipal separate storm sewer system access. 7.200.090 Industrial or construction activity discharges. 7.200.100 Monitoring of discharges. 7.200.110 Requirement to prevent, control, and reduce stormwater pollutants by the use of BMPs. 7.200.120 Watercourse protection. 7.200.130 Notification of spills. 7.200.140 Enforcement. 7.200.150 Penalties and collection. 7.200.160 Appeal of notice of violation. 7.200.170 Enforcement measures after appeal. 7.200.180 Cost of abatement of the violation. 7.200.190 Violations of Federal Clean Water Act. 7.200.200 Injunctive relief. 7.200.210 Compensatory action. 7.200.220 Violations deemed a public nuisance. 7.200.230 Criminal prosecution. 7.200.240 Remedies not exclusive. 7.200.250 Superseding effect. 7.200.010 Purpose and intent. The purposes of this chapter are: A. To provide for the health, safety, and general welfare of the citizens of the city of Edmonds, WA, through the regulation of non- (Revised 5/04) 7-58 stormwater discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. B. To establish methods for controlling the introduction of pollutants into the municipal separate storm sewer system in order to com- ply with the requirements of the National Pol- lutant Discharge Elimination System (NPDES) permit process. Specifically: 1. To regulate the contribution of pollut- ants to the municipal separate storm sewer sys- tem by stormwater discharges from any user. 2. To prohibit illicit connections and illegal discharges to the city's municipal sepa- rate storm sewer system. 3. To define the city's legal authority to carry out all inspection, surveillance and mon- itoring necessary to effectuate said purposes. C. To protect and enhance water quality and aquatic wildlife and its habitat by prevent- ing harmful discharges to local watercourses. [Ord. 3483 § 1, 2003]. 7.200.020 Definitions. For the purposes of this chapter, the follow- ing shall mean: A. "Best management practices (BMPs)" mean schedules of activities, prohibitions of practices, general good housekeeping prac- tices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treat- ment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. B. "City" means the city of Edmonds, Washington. C. "Clean Water Act" means the federal Water Pollution Control Act (33 U.S.C. Sec- tion 1251 et seq.), and any subsequent amend- ments thereto. Edmonds City Code Chapter 8.51 EDMONDS EMPLOYEE PERMIT PARKING PROGRAM Sections: 8.51.010 Purpose. 8.51.020 Definitions. 8.51.030 Commute exemption from three- hour parking limits. 8.51.040 Issuance of employee parking permits. 8.51.045 Employee permit parking fund created. 8.51.050 Unlawful employee permit parking activities and revocation. 8.51.060 Penalties. 8.51.010 Purpose. The purpose of this chapter is to provide more parking to the general public in high demand parking areas by encouraging Edmonds' business owners and employees to park in lower demand parking areas. [Ord. 3496 § 1, 2004]. 8.51.020 Definitions. A. "Employee parking permit" means a permit that authorizes permit employees to park for more than three hours in three-hour parking areas if the parking is part of a com- mute to work as required by this chapter. The employee parking permit shall not guarantee a parking space, nor shall it exempt the vehicle or operator from observing zones where a party is prohibited at all times, including, but not limited to, no parking zones, load zones, fire zones and all other applicable regulations contained in the Edmonds City Code. B. "Employee permit business" means a business that is located within the city of Edmonds. C. "Permit employee" means an owner or employee of an employee permit business. [Ord. 3496 § 1, 2004]. 8.51.030 8.51.030 Commute exemption from three- hour parking limits. A. The three-hour parking time limits for streets identified in subsection (B) of this sec- tion shall not apply to motor vehicles that sat- isfy the following criteria: 1. The motor vehicle displays a current employee parking permit that hangs from the rear-view mirror of the vehicle or is conspicu- ously placed on the dashboard if there is no rear-view mirror; and 2. The motor vehicle is parked in a three-hour parking area identified in subsec- tion (B) of this section ; and 3. The motor vehicle initially driven to the parking area was occupied by a person who: a. Is employed by a business that has been issued employee parking permit(s); and b. Is identified in ECC 8.51.040 (C)(1); and 4. The motor vehicle is parked while the person identified in subsection (A)(3) of this section is working for the employee permit business that provided the employee parking permit that is displayed in the vehicle; and 5. The motor vehicle is identified in ECC 8.51.040(C)(1); and 6. The motor vehicle is parked in a three-hour parking area between 7:00 a.m. and 6:00 p.m., Monday through Saturday, except for parking in the parking lot for the Edmonds public works division, identified by subsection (B)(15) of this section, at which the motor vehicle is parked between 7:00 a.m. and 6:00 p.m., Monday through Friday. B. An employee parking permit shall be effective in the three-hour parking areas located along the following streets: 1. Both sides of Edmonds Street from Sunset Avenue to Fifth Avenue North. 2. Both sides of Bell Street from Sunset Avenue to Fifth Avenue North. 3. South side of Bell Street from Fifth Avenue North to Sixth Avenue North. 4. North side of James Street from Sun- set Avenue to Third Avenue South. 8-22.1 (Revised 5/04) 8.51.040 5. South side of James Street from Sun- set Avenue to 250 feet east of Second Avenue South. 6. Both sides of Dayton Street from Sunset Avenue (State Route 104) to Fifth Ave- nue South except the north side of Dayton Street from Third Avenue South to 150 feet east of Third Avenue South. 7. Both sides of Walnut Street from 120 feet west of Fifth Avenue South to 120 feet east of Fifth Avenue South. 8. Both sides of Maple Street from Fifth Avenue South to 120 feet east of Fifth Avenue South. 9. Both sides of Alder Street from Fifth Avenue South to 120 feet east of Fifth Avenue South. 10. Both sides of Second Avenue North from Bell Street to Edmonds Street. 11. Both sides of Third Avenue North from Bell Street to a point 265.5 feet north of its intersection with Edmonds Street. 12. Both sides of Fourth Avenue North from Bell Street to Edmonds Street. 13. Both sides of Fifth Avenue North from Bell Street to Edmonds Street. 14. West side of Sixth Avenue North from Dayton Street to Bell Street. 15. East side of Sixth Avenue from Day- ton Street to the alley between Main Street and Bell Street. 16. Both sides of Fourth Avenue South from Walnut Street to Dayton Street. 17. The 20 parking spaces located in the northwest corner parking lot for the building located at 200 Dayton Street. 18. Both sides of Howell Way from Fourth Avenue South to Fifth Avenue South. 19. Both sides of Second Avenue South from Dayton Street to its dead end, located south of Alder Street. 20. Both sides of Alder Street between its intersections with Second Avenue South and Third Avenue South. 21. Both sides of Admiral Way from its intersection with Dayton Street and south (Revised 5/04) 8-22.2 thereof to the end of the public right-of-way (approximately 2,300 feet). [Ord. 3496 § 1, 2004]. 8.51.040 Issuance of employee parking permits. A. An owner or the lead supervisor in employee permit business shall be the only person(s) who may acquire employee parking permits for himself or herself and their employees from the Edmonds city clerk. B. The owner or lead supervisor shall be responsible for distribution of employee park- ing permits to permit employees employed by the employee permit business. Employee park- ing permits may be transferred from one employee or owner within an employee permit business to another. C. Applications for employee parking per- mits shall be made upon forms provided by the city of Edmonds and shall at a minimum con- tain the following information: 1. Name and address of all persons who will use the employee parking permits for the three-hour parking exemptions granted by this chapter. 2. Name and address of the employee permit business and the owner or lead supervi- sor responsible for the application. 3. Employee permit business address. 4. Responses by each person who will be using an employee parking permit to a park- ing survey issued by the city clerk that will be used to verify the assumptions used to justify this chapter. D. Employee parking permit application forms shall be signed by the owner or lead supervisor identified in subsection (C)(2) of this section as well as every person who will be using an employee parking permit issued as a result of the application. E. The issuance of employee parking per- mits under this chapter shall be contingent upon the payment of a $50.00 application fee per permit for applications received through June 29th of each calendar year. The applica- Edmonds City Code tion fee for applications received on or after June 30th of each calendar year shall be reduced to $25.00. Application forms can be updated to reflect changes in the information required by this section so long as no addi- tional employee parking permits are requested. F. Employee parking permits shall be effective for the calendar year for which they are issued, except that permits applied for after December 1st shall be effective through the subsequent calendar year. [Ord. 3496 § 1, 2004]. 8.51.045 Employee permit parking fund created. There is hereby created a special fund to be known as the "employee parking permit fund." All application fees received by the city pursu- ant to ECC 8.51.040(E) shall be deposited in this fund. All monies in this fund shall be used solely and exclusively for the administration of the employee permit parking program cre- ated by this chapter or for costs associated with parking enforcement in the downtown area or future parking inventories and studies in the downtown area. [Ord. 3496 § 1, 2004]. 8.51.050 Unlawful employee permit parking activities and revocation. A. It shall be unlawful for any person to duplicate and use an employee parking permit for purposes of parking more than three hours in a three-hour parking area and it shall also be unlawful to otherwise use an employee park- ing permit for purposes of avoiding parking restrictions in any manner not specified by this chapter. B. The city clerk may revoke the employee parking permit of any person the clerk deter- mines has abused the employee parking pro- gram by engaging in unlawful activities specified in subsection (A) of this section. The city clerk's determination may be appealed by the permit holder to the city council, which shall grant a hearing for the appeal and issue 8.51.060 written findings of fact and conclusions of law in support of its decision. A permit holder who has had his or her permit revoked shall be inel- igible for reissuance of the permit for a period of one year from the date of revocation. [Ord. 3496 § 1, 2004]. 8.51.060 Penalties. A. Any person who both (1) parks a vehicle for more than three hours in violation of ECC 8.64.060 or 8.64.065 or any other city ordi- nance imposing a three-hour parking limit; and (2) displays an employee parking permit as required in ECC 8.51.030(A)(1) without using the parking area as part of a commute to work as specified in ECC 8.51.030(A)(2) to (5) shall have committed a parking infraction subject to the provisions of Chapter 8.48 ECC and shall be fined at twice the civil penalty for overtime parking levied under ECC 8.48.215. B. Any person who parks a vehicle in a three-hour parking area for more than three hours with an employee parking permit that the person knows has been duplicated or made to appear to be an employee parking permit shall have committed a parking infraction sub- ject to the provisions of Chapter 8.48 ECC and shall be fined a civil penalty of $50.00. [Ord. 3496 § 1, 2004]. 8-22.3 (Revised 5/04) This page left intentionally blank. (Revised 5/04) 8-22.4 Edmonds City Code Ordinance Table 2632 08/04/1987 Alley vacation 2686 10/23/1988 Rezone 2633 08/18/1987 Residential park permits available (8.52) 2687 10/18/1988 Tax on crane and claw games, gambling 2634 09/01/1987 Fireworks stands (3.24) 2635 09/01/1987 Establish preannexation zoning 2688 11/15/1988 Increase ferry parking lot fees (8.48) 2636 09/01/1987 Residential parking permits (8.52) 2689 11/15/1988 Amend zoning map 2637 09/01/1987 Amend official street map to reduce right- 2690 11/22/1988 Increase amount, advance travel expense of -way (Repealed by 3477) 2638 09/01/1986 Amend 1987 budget 2691 11/22/1988 Amend CDC re: flood damage prevention 2639 09/15/1987 Call special election 2692 11/22/1988 Levy property taxes for 1989 (106 percent) 2640 10/06/1987 Amend Ch. 18.05 re: utility wires 2693 12/06/1988 Increase parking fee (8.48) 2641 10/06/1987 Amend Ord. 2620, street vacation 2694 12/11/1988 Approve Meadowdale Ridge PRD 2642 11/02/1987 Rezone 2695 12/20/1988 Amend ECDC relating to mandatory 2643 12/01/1987 Levy 1988 ad valorem property taxes 2696 12/20/1988 Amend 1988 budget 2644 12/01/1987 Annexation 2697 12/27/1988 Salary/benefit 2645 12/01/1987 Amend code relating to firearms (5.24) 2698 12/27/1988 Adoption of 1989 budget 2646 12/15/1987 Add "jail facilities" (2.90) 2699 01/03/1989 Limit parking to one-hour at overlook 2647 12/15/1987 Correct scrivener error, Ord. 2635 (8.48) 2648 12/29/1987 Adopt 1988 budget 2700 01/17/1989 Add "false alarms", Ch. 5.20 (5.20) 2649 01/05/1988 Amend 1987 budget 2701 01/24/1989 Amend secondhand dealer ordinance 2650 01/12/1988 Eliminate parking (8.64) (4.75) 2651 01/17/1988 Amend morals provisions (5.38) 2702 02/07/1989 Regulation of sale of tobacco products 2652 01/17/1988 Amend ECDC § 17.40.020 (5.15, 5.50) 2653 01/12/1988 Amend public amusement license 2703 02/21/1989 Increase parking infraction (8.48) regulations (4.32) 2704 03/13/1989 Amend § 20.90.020 relating to testimony 2654 01/19/1988 Amend Title 5, criminal code (5.01, 5.02, 2705 03/21/1989 Amend § 20.105.060 re: development 5.04, 5.12, 5.14, 5.22, 5.24, 5.28, 5.34, code 5.36, 5.40, 5.50) 2706 03/21/1989 Fireworks 2655 02/02/1988 Establish building permit fees 2707 03/28/1989 Amend council meeting dates/information 2656 02/09/1988 Limit board teens, ADB (10.05, 10.25, (1.04) 10.30, 10.40) 2708 04/18/1989 Limit parking (8.64) 2656B 02/09/1988 Limit board terms, ADB 2709 04/18/1989 Annexation 2656A02/17/1988 Extend rule of three to promotional (10.25) 2710 04/25/1989 Service club signs (21.90). 2657 01/18/1988 Amend Ch. 7.30 to increase sewer (7.30) 2711 04/28/1989 Amend Ch. 5.05 relating to animals (5.05) 2658 02/16/1988 Designate Snohomish County as city's 2712 04/25/1989 Condemn certain property for 208th solid waste 2713 04/20/1989 Amend CDC relating to street standards 2659 03/01/1988 Amend § 10.40.020 (10.40) 2714 05/23/1989 Repeal prior fireworks regulation 2660 03/01/1988 Amend ECDC/conditional use for 2715 05/23/1989 Establish sister city commission (10.60) convenience stores 2716 05/23/1989 Amend ECC § 2.35.030 re: vacation 2661 03/01/1988 Enact provisions relating to landslides benefits (2.35) 2663 03/15/1988 Amend code re: seat belt use (5.50) 2717 06/06/1989 Amend official street map 2664 03/15/1988 Nonrepresented employee 1988 salary 2718 06/20/1989 Prescribe additional penalties (5.50) (2.35) 2719 06/20/1989 Amend ECC Ch. 4.22 regarding keg 2665 03/15/1988 Establish preannexation zoning registration (4.22) 2666 03/15/1988 Amend Ord. 2661 re: landslide hazard 2720 06/20/1989 Amend ECC § 5.05.020 (5.05) 2667 04/19/1988 Amend code re: municipal arts fund (3.13) 2721 06/20/1989 This ordinance rescinded and replaced 2668 04/19/1988 Establish vacation schedules (2.35) 2722 06/20/1989 Elect council president and president pro 2669 05/03/1988 Street vacation tem (1.02) 2670 05/03/1988 Establish storm water management utility 2723 06/27/1989 Limit parking, three hours on portion 3rd 2671 05/10/1988 Public amusement license exempt (4.32) Ave. (8.64) 2672 06/07/1988 Assault, adopt new state statute (5.34) 2724 06/27/1989 Replace rescinded, Ord. 2721 2673 06/21/1988 Family day care and mini -day care 2725 07/05/1989 Adopt 1988 versions of Uniform Building 2674 06/21/1988 Adopt zoning classifications Code 2675 06/21/1988 Amend 1988 budget (amend Ord. 2648) 2726 07/05/1989 Provide for public hearing notice 2676 07/19/1988 Suspend water service (7.10) 2727 07/25/1989 Repeal ECC Ch. 4.10 re: tow trucks 2677 08/02/1988 Drug enforcement fund created (3.08) 2728 07/25/1989 Amend ECDC re: compliance 2678 08/23/1988 Bond ordinance 2729 07/25/1989 Amend 1989 budget 2679 09/06/1988 Adopt salary reduction plan 2730 08/01/1989 Amend ECC § 3.50.020, miscellaneous 2680 09/06/1988 Restrict skateboards Main to Dayton charges 2681 09/13/1988 Contract rezone 2731 08/01/1989 Amend ECDC § 18.80.070 re: alley access 2682 09/20/1988 Restrict skateboards from streets 2732 08/15/1989 Compensation time, exempt employees; 2683 09/20/1988 Establish $35 monthly fee (8.48) exclude (2.35) 2684 09/20/1988 Amend official street map/reduce right -of- 2733 08/15/1989 Approve PRD -1-88/P-1-88 way 2734 08/15/1989 Approve PRD -2-88/P-2-88 2685 10/18/1988 Rezone 2735 08/22/1989 Street vacation Tables - 23 (Revised 5/04) Ordinance Table 2736 08/22/1989 Amend Ch. 8.50 relating to impound 2787 08/07/1990 Amend official street map authorization form (8.50) 2788 08/21/1990 Prohibit drive through private property 2737 09/26/1989 Provide maximum slope of parking lot (8.32) 2738 09/26/1989 Add Ch. 2.35 (2.35) 2789 08/21/1990 Limit discharge of fireworks to July 2739 10/17/1989 Amend code re: expenditure of funds 2790 08/21/1990 Limit parking (8.64) (3.07, 3.08) 2791 08/21/1990 Create new Ch. 1.14 (Repealed by 3489) 2740 10/24/1989 Provide building payment vesting (3.50) 2792 08/28/1990 ADB landscape standards (20.12) 2741 10/24/1989 Establish council salaries 2793 09/18/1990 Street vacation 2742 11/06/1989 Restrict parking (8.64) 2794 09/18/1990 Prohibit tandem parking 2743 12/19/1989 Amend 1989 budget 2795 09/25/1990 Amend Ord. 2201 2744 12/19/1989 Levy 1990 general taxes 2796 09/25/1990 Approve PRD -1-90/P-1-90 at 8300 208 2745 12/19/1989 Adopt 1990 budget 2797 10/02/1990 Street vacation 2746 01/02/1990 Amend code re: crane games (3.24) 2798 10/16/1990 Approve Lorian Estates PRD 2747 01/02/1990 Add new CDC Ch. 17.90 2799 10/16/1990 Street vacation 2748 01/16/1990 Establish salaries 2800 10/16/1990 Change zoning 2749 01/23/1990 Define "council meeting" 2801 10/16/1990 New ECDC Ch. 10.110, establish civil 2750 01/23/1990 Misdemeanor penalties violation 2751 01/23/1990 Authorize condemnation 2802 10/16/1990 Amend video arcade provisions (4.24) 2752 01/30/1990 Adopt state statutes (5.14, 5.28) 2803 11/05/1990 Authorize condemnation 2753 01/30/1990 Establish salary and benefit level 2804 11/05/1990 Add Ch. 18.45 ECDC re: land clearing 2754 02/20/1990 Amend procedure re: street name change 2805 11/10/1990 Establish water -sewer rate reductions 2755 02/20/1990 Adopt Northwest Energy Code (7.30) 2756 02/27/1990 Confirm monthly $25 parking fee (8.48) 2806 11/27/1990 Levy 1991 property taxes 2757 02/27/1990 Amend Ch. 4.60 re: taxicabs (4.60) 2807 12/18/1990 Amend § 7.30.070(c) utility rates (7.30) 2758 02/27/1990 Amend official street map 2808 12/18/1990 Extend shared leave policy 2759 02/27/1990 Amend ECDC to permit small animal 2809 12/18/1990 Amend 1990 budget hospital 2810 12/20/1990 Adopt 1991 budget 2760 02/27/1990 Amend zone map/change 2811 01/08/1991 Extend 30 mph speed zone (8.16) 2761 02/27/1990 Authorize condemnation 2812 01/08/1991 Restrict parking (8.64) 2762 02/27/1990 Condemnation 2813 01/08/1991 Correct ECC § 8.05.030 2763 03/06/1990 Approve interlocal agreement with county 2814 01/08/1990 Establish salaries/ranges (7.70) 2815 01/08/1991 Set mayor's salary beginning 1991 2764 03/06/1990 Approve contract rezone 2816 01/08/1991 Amend code re: fire chief (10.25) 2765 03/20/1990 Adopt state statute 2817 01/08/1991 Amend ECDC Ch. 20 re: accessory 2766 03/20/1990 Prohibit parking (8.64) dwelling (Repealed by 3294 2767 04/17/1990 Correct scrivener error 2818 01/08/1991 Amend ECDC re: low income elderly 2768 04/17/1990 Establish Shell Creek Pipeline 2819 01/15/1991 Amend ECDC Ch. 17.50.090 2769 04/17/1990 Provide alternate vesting of development 2820 01/27/1991 Amend ECDC § 16.30.010 rig 2821 01/22/1991 Amend employee holiday schedule (2.35) 2770 04/17/1990 Establish no parking zone (8.64) 2822 01/29/1991 Refund 1980 limited general obligation 2771 04/24/1990 Amend provisions of dangerous building bonds code 2823 02/19/1991 Amend water -sewer rate structure (7.30) 2772 05/22/1990 Amend ECDC § 21.30.020 2824 02/26/1991 Amend environmentally sensitive map and 2773 05/22/1990 Amend ECC § 7.30.080 (7.30) policy 2774 05/22/1990 Amend ECC Ch. 7.10 (7.10) 2825 03/19/1991 Safety glazing and tinting motor vehicles 2775 05/29/1990 Add Ch. 7.70 relating to solid waste (7.80) 2826 03/19/1991 High risk prostitution area (5.38) 2775A 06/05/1990 Amend § 3.20.050(c) to impose use tax 2827 03/26/1991 Accept $50,000 from Hubbard Foundation (3.20) (10.16) 2776 06/05/1990 Accessory dwelling units (Repealed by 2828 04/02/1991 Street vacation 3294) 2829 04/02/1991 Amend ECDC § 20.15A.290(a) 2777 06/19/1990 Establish water -sewer rate reduction 2830 04/23/1991 Amend official street map (7.30) 2831 05/07/1991 Amend official street map 2778 06/19/1990 Prohibit display cancelled/revoked/ 2832 05/07/1991 Adopt zoning suspended 2833 05/12/1991 Amend ECDC § 17.70.030 2779 06/19/1990 Amend § 4.75.170 re: "holds" by 2834 05/07/1991 Amend official street map, vacate right -of - pawnbroker (4.75) way 2780 06/19/1990 Amend § 8.64.060(2) re: limited parking 2835 05/26/1991 Amend ECC Ch. 8.28; add Ch. 8.24 re: (8.64) traffic (8.24, 8.28) 2781 06/19/1990 Amend § 15. 10.000 to include elements 2836 05/21/1991 Top foods comp. plan amendment 2782 06/26/1990 Add § 5.05.128.1, prohibited use of dogs/ 2837 05/28/1991 Renew three-year cable TV franchise cats (5.05) (3.20) 2783 06/26/1990 Add § 5.10.052, failure to stop vessel 2838 06/25/1991 Amend meeting list subject to 2784 07/16/1990 Delete § 8.16.069 (8.16) reimbursement 2785 07/16/1990 Amend 1990 budget 2839 06/25/1991 Amend Ch. 10.16 (10.16) 2786 07/24/1990 Municipal arts fund (3.13) (Revised 5/04) Tables - 24 Edmonds City Code 3027 6/6/1995 Repeals and replaces § 5.27.210, fireworks (5.27) 3028 6/6/95 Adds § 20.15B.040(D), community development code (Expired) 3029 6/13/95 Amends 1995 budget (Special) 3030 6/30/95 Repeals Chs. 15.05 — 15.30, 15.45 and §§ 15.40.010 and 15.40.020; adds new Ch. 15.05; and repeals and replaces §§ 20.00.010 and 15.40.000 introduction, comprehensive plan (15.05, 15.40, 20.00) 3031 6/30/95 Adds §§ 3.29.015 and 3.29.017, additional real estate excise tax (3.29) 3032 7/8/95 Amends §§ 4.90.010(A), 4.90.040, 4.90.070 and 4.90.080, community - oriented open air markets (4.90) 3033 7/8/95 Amends § 5.05.060, dogs (5.05) 3034 7/8/15 Bond issuance (Special) 3035 7/28/95 Repeals and replaces §§ 19.00.000, 19.00.010 introduction and subsection (A), 19.00.070 introduction, 19.00.010(F), 19.00.120(A) and (B), 19.05.005, 19.10.000, 19.20.000, 19.25.000, 19.45.000, 19.55.000, 19.75.000, and § 902.2.2.2 of the Uniform Fire Code; repeals § 19.75.015 and 19.75.175, building codes (19.00, 19.05, 19.10, 19.20, 19.25, 19.45, 19.55) 3036 7/28/95 Amends § 4.72.040(B)(1), business licenses (4.72) 3037 7/28/95 Amends § 20.60.080(H), signs (Repealed by 3313) 3038 7/28/95 Amends plan designation (Special) 3039 8/4/95 Amends § 8.48.500, parking (8.48) 3040 9/18/95 Amends § 5.05.100, adds § 5.05.105, dangerous dogs (5.05) 3041 9/26/95 Amends § 8.48.500, parking and fishing pier parking (8.48) 3042 9/26/95 Amends § 8.64.060, parking limited on streets (8.64) 3043 9/26/95 Extends moratorium on permitting or approval of antennas or tower structures (Not codified) 3044 10/3/95 Amends § 8.16.030, speed limits (8.16) 3045 10/3/95 Annexation (Special) 3046 10/3/95 Annexation (Special) 3047 10/17/95 Corrects legal description in Ord. 3045, annexation (Special) 3048 10/17/95 Corrects legal description in Ord. 3046, annexation (Special) 3049 10/17/95 Moratorium on adult entertainment establishments (Not codified) 3050 10/17/95 Extends and renews franchise to Edmonds Cable Company (Special) 3051 11/14/95 General obligation refunding bonds (Special) 3052 11/21/95 Amends § 5.40.050 and adds § 5.40.070, impersonating law enforcement officers (5.40) 3053 11/28/95 Annexation (Special) 3054 11/28/95 Annexation (Special) 3055 12/19/95 Rezone (Special) 3056 12/19/95 Rezone (Special) 3057 12/19/95 Rezone (Special) 3058 12/19/95 Rezone (Special) 3059 12/19/95 Tax levy for 1996 (Special) 3060 12/19/95 3061 12/19/95 3062 12/19/95 3063 12/19/95 3064 1/23/96 3065 1/23/96 3066 2/20/96 3067 2/20/96 3068 2/20/96 3069 2/20/96 3070 2/27/96 3071 2/27/96 3072 3/6/96 3073 3/6/96 3074 3/6/96 3075 3/19/96 3076 3/19/96 3077 3/25/96 3078 3/25/96 3079 4/2/96 3080 4/2/96 3081 4/2/96 3082 4/2/96 3083 4/16/96 3084 4/16/96 3085 4/16/96 3086 4/16/96 3087 5/7/96 3088 5/7/96 3089 5/7/96 3090 5/7/96 Ordinance Table Rezone (Special) Adds Ch. 8.49, rideshare program (8.49) Amends 1995 budget (Special) Adopts 1996 budget (Special) Salary ranges for nonrepresented personnel (Repealed by 3139, 3181, 3241) Re-enacts Ch. 20.15B, interim critical areas (Expired) Repeals and replaces § 2 of Ord. 3065, interim critical areas (Not codified) Extends adult entertainment moratorium (Special) Adds Ch. 8.51 and repeals and replaces § 8.49.020(C), Edmonds employee permit parking program (8.49) Salary ranges (Repealed by 3139) Rezone (Special) Adds § 5.38.140, offenses against the public morals (5.38) Local improvements (Special) Amends § 5.05.060(B), animal control (5.05) Amends §§ 20.15B.070, 20.15B.120 and 20.105.010, review criteria and procedures (20.105) Extends moratorium on antenna structures (Special) Repeals and replaces Ch. 20. 00, changes to the comprehensive plan (20.00) Bond election (Special). Adds Ch. 20.91 and §§ 19.00.115, 19.00.120(D) and 19.00.127; amends Chs. 20.10, 20.12, 20.60, 20.90, 20.95, 20.100, 20.105, §§ 20.18.020, 20.19.010, 20.35.020, 20.35.040, 20.35.120, 20.40.030, 20.55.020, 20.75.065 and 20.80.020, review criteria and procedures (Repealed by 3112) Adds § 8.51.045, Edmonds employee permit parking program (8.51) Adds § 20.80.020(C), text and map changes (20.80) Adds § 17.00.060, general zoning regulations (17.00) Amends 1996 budget (Special) Repeals and replaces Ch. 4.68, community antenna television systems (4.68) Repeals and replaces § 4.72.040(B), business licenses (4.72) Adds new § 3.04.080; renumbers former § 3.04.080 to be 3.04.090; and amends § 3.04.020, advance travel expense revolving fund (3.04) Local improvements assessment roll (Special) Repeals and replaces Ch. 20.15B, critical areas (20.15B) Repeals and replaces § 23 of Ord. 3078, interim zoning ordinance (Not codified) Property vacation (Special) Adds §§ 16.20.010(B)(9) and (D)(5), 16.30.010(D)(3), and 21.15.75; amends § 16.20.010(C), commuter parking (16.20, 16.30, 21.15) Tables - 27 (Revised 5/04) Ordinance Table 3091 5/7/96 Repeals and replaces § 20.100.020(B), 3114 9/24/96 Repeals and replaces Exh. A to Ord. 3054, planning advisory board review (20.100) legal description for annexation (Repealed 3092 5/20/96 Adds § 20.90.005; amends §§ 20.90.000, by 3123) 20.90.010(B), (E)(2) and (3), and 3115 9/24/96 Amends official street map (Not codified) 20.91.010(C)(3)(c); repeals §§ 19.00.115, 3116 10/1/96 Amends § 9.20.050 and adds §§ 9.20.060 19.00.120(D) and 19.00.127, permit and 9.20.070, maintenance and repair of processing (Repealed by 3112) planting strips (9.20) 3093 5/20/96 Amends 20.60.080(H), sign permits 3117 10/15/96 Repeals and replaces §§ 21.05.021, (Repealed by 3313) 21.90.101, 21.90.102; repeals §§ 3094 6/4/96 Amends § 10.40.020(C)(2), planning 16.00.030, 21.05.022 and 21.05.023; adds board (10.40) §§ 16.60.015, 17.50.075, 21.10.005, 3095 6/4/96 Amends §§ 10.16.010, 10.16.020, 21.25.100, 21.75.080, 21.90.024, 10.16.030 and 10.16.070, cemetery board 21.90.025; amends §§ 16.60.010 and (10.16) 17.50.020, sexually oriented businesses 3096 6/4/96 Amends § 4.12.030(B) and (C), peddlers, (16.60, 17.50, 21.05, 21.10, 21.25, 21.75, solicitors and street vendors (4.12) 21.90) 3097 6/4/96 Adds Ch. 4.52, regulations for adult 3118 11/4/96 Adds Ch. 16.62, medical use zone (16.62) entertainment facilities; repeals § 5.38.110 3119 11/26/96 Repeals § 2 of Ord. 3068, sunset provision (4.52) (Repealer) 3098 7/2/96 Street vacation (Special) 3120 11/26/96 Amends §§ 16.45.010, 16.50.010, 3099 7/2/96 Adds Ch. 20.50, wireless communications 16.80.010, commuter parking lots (16.45) facilities, and §§ 21.05.005, 21.05.035, 3121 11/26/96 Amends § 18.95.020, parking stall 21.05.055, 21.15.035, 21.25.010, dimensions (18.95) 21.35.040, 21.55.055, 21.60.002, 3122 12/3/96 Amends § 8.51.030, parking limits (8.51) 21.60.004, 21.60.006, 21.60.045, 3123 12/17/96 Repeals and replaces Exh. A to Ord. 3114, 21.60.046, 21.85.035, 21.100.080, legal description for annexation (Special) 21.115.022 and 21.115.024, definitions 3124 12/17/96 Amends 1996 budget (Special) (20.50, 21.05, 21.15, 21.25, 21.35, 21.55, 3125 12/17/96 Levying general taxes for fiscal year 1997 21.60, 21.85, 21.100, 21.115) (Special) 3100 7/2/96 Amends §§ 16.50.010(A)(7) and 3126 12/17/96 Adopts 1997 budget (Special) 16.60.010(D)(1), open air markets (16.60) 3127 1/21/97 Adds Ch. 16.53, BP — planned business 3101 7/2/96 Repeals and replaces Ch. 9.20, sidewalk zone (16.53) construction and maintenance (9.20) 3128 1/21/97 Wireless communications franchise 3102 7/16/96 Repeals subsections (29) and (30) of § (Special) 8.64.060; adds new (29) and renumbers 3129 1/28/97 Rezone (Special) former (3 1) to be (30); adds § 3130 2/18/97 Amends § 20.110.030, civil violation — 8.51.030(B)(18), traffic (8.51, 8.64) enforcement procedure (20.110) 3103 7/16/96 Adds §§ 16.50.030(A)(5) and 21.90.009, 3131 2/18/97 Moratorium on curb cuts in downtown seasonal farmers' markets (21.90) business area (Repealed by 3140) 3104 7/16/96 Adds § 8.48.190, parking (8.48) 3132 2/18/97 Amends § 18.80.060, streets and 3101 7/2/96 Repeals and replaces Ch. 9.20, sidewalk driveways (18.80) construction and maintenance (9.20) 3133 2/25/97 Amends § 15.05.000, comprehensive plan 3105 7/30/96 Rezone (Special) (15.05) 3106 8/6/96 General obligation bonds (Special) 3134 3/4/97 Rezone (Special) 3107 8/6/96 LID No. 214 bonds (Special) 3135 3/4/97 Amends § 8.51.030, Edmonds employee 3108 8/20/96 Amends § 15.00.020 and repeals § permit parking program (8.51) 15.00.030, fee schedule (15.00) 3136 3/4/97 Amends § 8.64.060, parking limited on 3109 9/3/96 Adds § 8.48.162, moving vehicle to avoid certain streets (8.64) limit (Expired) 3137 3/4/97 Amends § 8.64.065, parking limited on 3110 9/3/96 Amends Ords. 2622, 2741, 2884, 2961 and certain streets (8.64) 3004, compensation for attending 3138 3/18/97 Adds § 8.48.162, parking (8.48) meetings (Special) 3139 3/18/97 Salary ranges for nonrepresented 3111 9/16/96 Amends Ord. 3098 to correct scrivener's personnel; repeals Ords. 3064 and 3069 errors (Special) (Special) 3112 9/24/96 Amends sections in Titles 20 and 21 3140 3/18/97 Repeals Ord. 3131 (Repealer) relating to regulatory reform; repeals Ords. 3141 4/15/97 Adds § 19.75.090, fire code (19.75) 3078 and 3092 (20.12, 20.15A, 20.15B, 3142 4/15/97 Adds interim Ch. 17.05, reasonable 20.19, 20.40, 20.55, 20.75, 20.80, 20.90, accommodations process (17.05) 20.91, 20.95, 20.100, 20.105, 21.15, 3143 5/20/97 Adds § 5.34.030(W), crimes relating to 21.80) persons (5.34) 3113 9/24/96 Amends Ord. 3110, compensation for 3144 5/20/97 Adds § 5.40.020(T), crimes relating to attending meetings (Special) public officers (5.40) (Revised 5/04) Tables - 28 Edmonds City Code Ordinance Table 3426 11/26/02 2003 tax levy (Special) 3461 7/1/03 Adds § 19.45.015, sign code; repeals and 3427 12/17/02 Amends comprehensive plan (Special) replaces Chs. 20.10 and 20.60, review 3428 12/17/02 Amends comprehensive plan (Special) criteria and procedures (19.45, 20. 10, 3429 12/17/02 Amends comprehensive plan (Special) 20.60) 3430 12/17/02 Amends comprehensive plan (Special) 3462 7/15/03 Amends Ord. 3436, 2003 budget (Special) 3431 12/17/02 Adds Ch. 3.22, interfund loan program 3463 7/15/03 Street vacation (Special) (3.22) 3464 7/29/03 Property tax levy special election (Special) 3432 12/17/02 Amends §§ 3.20.020 and 3.20.050; repeals 3465 8/5/03 Adds § 20.21.010; amends §§ 16.20.030, Ch. 4.64, garbage collection (3.20) 20.20.015 and 20.100.010; repeals and 3433 12/17/02 Amends § 8.64.060, parking (8.64) replaces Ch. 20.35, planned residential 3434 12/17/02 Amends 2002 budget (Special) development (16.20, 20.20, 20.21, 20.35, 3435 12/17/02 Adds §§ 5.05.127.1 and 5.05.127.2, 20.100) spaying of animals (5.05) 3466 8/19/03 Adds Ch. 3.16, park trust fund (3.16) 3436 12/17/02 2003 budget (Special) 3467 8/19/03 Rezone (Special) 3437 12/17/02 Salary ranges and benefits for 3468 8/26/03 Amends public facilities district charter nonrepresented personnel (Special) (Special) 3438 1/7/03 Adds §§ 5.05.127.3 and 5.05.127.4; 3469 8/26/03 Amends §§ 5.30.110 and 5.30.120, noise amends §§ 5.05.030 and 5.05.127, spaying abatement and control (5.30) of animals (5.05) 3470 9/15/03 Street vacation (Special) 3439 2/18/03 Amends § 4.72.010, business license 3471 10/7/03 Amends § 5.05.030(B), animal control (4.72) (5.05) 3440 2/18/03 Amends on interim basis § 20.35.080, 3472 11/3/03 Rezone (Special) PRD review process (Repealed by 3465) 3473 11/3/03 Moratorium on initiation or operation of 3441 2/25/03 Right-of-way use permit grant (Special) new opiate substitution treatment service 3442 3/18/03 Amends street map (Special) provider facilities (Special) 3443 3/18/03 Adds § 3.50.040, meeting room charges 3474 11/3/03 Adds on interim basis Ch. 20.16, essential (3.50) public facilities (20.16) 3444 3/25/03 Adds subsection G to § 2.35.060, sick 3475 11/25/03 2004 property tax levy (Special) leave (2.35) 3476 11/25/03 2004 budget (Special) 3445 3/25/03 Moratorium on permit and license 3477 12/09/03 Amends Ch. 3.04, advance travel fund; applications for opiate substitution repeals Chs. 3.10, medical self-insurance treatment service provider facilities fund and 3.14, enterprise fund (3.04) (Special) 3478 12/16/03 Amends Ord. 3437, salary ranges and 3446 3/25/03 Bond issuance (Special) benefits for nonrepresented personnel 3447 3/25/03 Adds Ch. 2.37, miscellaneous leave and (Special) break provisions (2.37) 3479 12/16/03 Amends comprehensive plan (Special) 3448 4/1/03 Approves Garden Cottages PRD (Special) 3480 12/16/03 Amends comprehensive plan (Special) 3449 4/8/03 Approves Meadowdale Estates PRD 3481 12/16/03 Amends comprehensive plan (Special) (Special) 3482 12/16/03 Rezone (Special) 3450 4/15/03 Adds § 7.50.070, stormwater management 3483 12/16/03 Adds Chs. 6.70, watercourse pollution, system development charge (7.50) and 7.200, illegal discharges to stormwater 3451 4/22/03 Amends Ch. 5.05, animal control (5.05) system and watercourses (6.70, 7.200) 3452 4/22/03 Adds §§ 4.32.040(C), 4.48.025, 3484 12/16/03 Amends Ord. 3436, 2003 budget (Special) 4.52.070(C), 4.80.060 and 19.75.065; 3485 1/20/04 Amends Ch. 18.60, construction permits; amends §§ 5.27.060 and 19.75.060, fire repeals and replaces Ch. 18.70, inspection charge (4.32, 4.48, 4.52, 4.80, encroachment permits (18.60, 18.70) 5.27, 19.75) 3486 1/27/04 Amends §§ 5.05.030 and 5.05.127.1, 3453 5/20/03 Amends §§ 16.20.010(D), 16.30.010(D), animals (5.05) 16.62.010(A)(5) and 21.20.010, day-care 3487 2/03/04 Amends §§ 7.90.030, 7.90.040, 7.91.040, facilities (16.20, 16.30, 16.62, 21.20) 7.91.080, 7.91.090, 7.92.010, 7.94.010, 3454 5/20/03 Rezone (Special) 7.94.020, 7.102.010, wastewater 3455 5/20/03 Adopts six-year capital improvement pretreatment standards (7.90, 7.91, 7.92, program (Special) 7.94, 7.102) 3456 5/20/03 Adds Ch. 10. 15, building board of appeals; 3488 2/24/04 Amends § 16.50.020, height regulation amends § 19.00.060, building code (10. 15, (Repealed by 3492) 19.00) 3489 2/24/04 Adds § 1.20.080; repeals Ch. 1. 14, public 3457 6/3/03 Amends § 7.40.040(A), fire protection disclosure (1.20) water service (7.40) 3490 3/02/04 Amends § 16.20.050, site development 3458 Not adopted standards (16.20) 3459 6/24/03 Amends street map (Special) 3491 3/02/04 Amends §§ 17.30.000(C), 17.30.010, 3460 6/24/03 Bond issuance (Special) 20.12.025, 21.30.020, hedge regulations (17.30, 20.12, 21.30) 3492 3/23/04 Amends § 16.50.020, site development standards; repeals Ord. 3488 (16.50) Tables - 33 (Revised 5/04) Ordinance Table 3493 4/06/04 Designates Edmonds Historical Museum as a historic place (Special) 3494 4/06/04 Approves Edmonds Highlands PRD (Special) 3495 4/27/04 Amends comprehensive plan (Special) 3496 4/27/04 Repeals and replaces Chs. 8.5 1, Edmonds employee permit parking program, and 17.50, off-street parking regulations (8.5 1, 17.50) 3497 4/27/04 Amends Ord. 3478, salary ranges and benefits for nonrepresented personnel (Special) (Revised 5/04) Tables - 34 Edmonds City Code City officers, employees regulations applicability 3.60.040 Possession by minor unlawful 5.46.070 staff contact 3.60.020 Circuses See Public amusements Card playing See Gambling tax Citizens' commission on salaries of elected officials Carnivals See Public amusements Duties 10.80.020 CATV systems Eligibility 10.80.030 Building moving 4.68.120 Members 10.80.040 City costs Open meetings 10.80.070 apportionment 4.68.370 Organization 10.80.050 reimbursement 4.68.360 Purpose 10.80.010 Consistency with other regulations 4.68.380 Referendum applicability 10.80.080 Construction standards 4.68.080 Reimbursement exception 10.80.090 Definitions 4.68.010 Salary schedule recommendation 10.80.060 Franchise City acceptance 4.68.050 Boards, commissions application 4.68.030 attendance external costs 4.68.250 exemptions 1.05.040 fee 4.68.160 records 1.05.020 issuance 4.68.040 required 1.05.010 revocation 4.68.300 council confirmation defined 10.01.010 termination for noncompliance 4.68.3 10 quorum 1.05.050 terms 4.68.020 vacancies, filling 1.05.030 Indemnity, hold harmless agreements 4.68.320 Checks, insufficient funds, charges 3.50.020 Institutional networks Claims See Claims against the city capability, activation 4.68.220 Classification city-wide interconnection 4.68.230 continuity 1.02.040 franchisee contributions 4.68.240 effective date 1.02.020 Insurance 4.68.330 noncharter code city 1.02.010 Meetings with city 4.68.170 Code See Code Nondiscrimination 4.68.260 Council See Council Ownership transfers 4.68.280 Officers, employees See City officers, employees Performance bond 4.68.340 Property, sales Police power of city 4.68.060 See also Equipment rental fund Property abandonment 4.68.290 authority 3.01.010 Public, educational and governmental access bids city-wide interconnection 4.68.210 call, notice 3.01.030 required 4.68.200 opening, rejecting 3.01.040 Rate schedule 4.68.140 instruments of conveyance 3.01.050 Records inspection 4.68.190 minimum price 3.01.020 Right-of-way use 4.68. 100 negotiated sales 3.01.060 Rules, regulations 4.68.070 Records, copying Safety requirements 4.68. 110 certification fees 1.20.060 Security, recourse against 4.68.350 exemptions 1.20.030 Service fees continuity 4.68.270 charging, exceptions 1.20.040 denial 4.68.150 modifications 1.20.070 System evaluation 4.68.180 public disclosure 1.20.080 Tree trimming 4.68.130 request Undergrounding, landscaping 4.68.090 form 1.20.010 Cemetery board response 1.20.020 Alternate 10.16.070 transcriptions 1.20.050 Council supervision 10. 16.060 City attorney Maintenance funds 10.16.050 Compensation 2.05.030 Meetings 10. 16.040 Duties 2.05.020 Membership, terms 10. 16.010 Legal services contract 2.05.010 Powers 10.16.030 City officers, employees Severability 10. 16.200 Assignment of duties 2.10.020 Vacancies 10.16.020 Benefit plan Cigarettes authorized 2.30.0 10 See also Tobacco products sale participation mandatory 2.30.020 Index -3 (Revised 5/04) Civil service commission 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 1.0 1.060 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 7.60.0 10 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 5/04) Index -4 Edmonds City Code Property Schedule V 8.48.150, 8.64.050 restrictions 4.75.180 Schedule VI 8.48.160, 8.64.060 Transaction record, furnishing 4.75.130 Schedule VI -A 8.48.155, 8.64.065 Violation, penalty 4.75.190 Schedule VI -B 8.64.067 Peddlers Unlicensed vehicle 8.48.168 Appeals 4.12.085 Violation Definitions 4.12.010 infractions 8.48.215 License notice applications 4.12.040 failure to respond 8.48.210 carrying 4.12.070 issuance 8.48.200 fees 4.12.030 Parks investigations 4.12.050 See also Boating code issuance, expiration 4.12.060 Brackett's Landing Shoreline Sanctuary required 4.12.020 nuisances 5.32.130 revocation 4.12.080 permits 5.32.120 Penalties 4.12. 100 prohibited acts 5.32.110 Purchase order forms 4.12.090 Closing hours Restrictions 4.12.065 special, posting 5.32.020 Severability 4.12.110 standard 5.32.010 Street vendors 4.12.055 Definitions 5.32.005 Permit Fishing pier 5.32. 100 Aircraft landing 4.80.020 Horses 5.32.050 CATV systems 4.68.020 Intoxicants 5.32.040 Employee parking 8.51.040 Marine life, collecting Marine life, collecting 5.32.105 permit required 5.32.105 Parade 8.08.010 shellfish Residential parking 8.52.010 enforcement 5.32.108 Rideshare program 8.49.040 statutes adopted 5.32.107 Personnel See City officers, employees Underwater parks Planning board beaches adjacent to 5.32.080 Appointment, powers, duties 10.40.020 diving, special permission 5.32.090 Purpose of provisions 10.40.010 prohibited acts 5.32.070 Police regulations 5.32.060 See also Civil service commission; Criminal code; scuba, skin diving 5.32.085 Disability board Vehicles prohibited 5.32.030 Chief, appointment 2.10.030 Violation, penalty 5.32.140 Corps program Parks trust fund civil service integration 2.95.030 Administration 3.16.020 participation authorized 2.95.020 Created 3.16.010 recitals, findings 2.95.010 Pawnbrokers Dogs, interfering with, abusing 5.40.040 Ammunition sales, storage 4.75.150 Impersonation 5.40.060 Definitions 4.75.030 Vehicles, resemblance to 5.40.050 Exemptions 4.75.020 Pool, billiards, arcades Inspections 4.75.110 Arcade locations, hours of operation 4.24.027 Interest rates 4.75.160 License License applications 4.24.025 application 4.75.060 denial 4.24.040 denial, revocation 4.75.070 fees 4.24.020 fees 4.75.040 investigation 4.24.026 hearings 4.75.080 required 4.24.010 required 4.75.010 revocation 4.24.050 Locations 4.75.050 Pool, billiard room locations, hours of operation Police 4.24.030 authority 4.75.035 Violation, penalty 4.24. 100 holds 4.75.170 Property Property retention 4.75.140 Crimes Recordkeeping 4.75. 100 See also Criminal code Seller, consignee malicious mischief, statutes adopted 5.36.020 duty to provide true name 4.75.120 theft, statutes adopted 5.36.010 Index -11 (Revised 5/04) Public amusements trespassing, statutes adopted 5.36.040 Prostitution See Crimes under Public morals Public amusements Compliance 4.32. 100 Definitions 4.32.010 License applications 4.32.030 emergency suspension 4.32.090 fees, term 4.32.060 investigations 4.32.040 issuance 4.32.050 required 4.32.020 revocation notice, appeals 4.32.080 reasons 4.32.070 Severability 4.32.200 Violation, penalty 4.32.110 Public art See also Arts commission Acquisition fund See also Municipal arts fund created 3.13.070 Public morals See also Sex offenders Crimes offensive telephone calls 5.38.020 prostitution sex, no defense 5.38.070 unlawful acts 5.38.060 public exposure exemptions 5.38.050 facilitating 5.38.040 prohibited 5.38.030 Definitions 5.38.010 Violation, penalty 5.38.130 Public peace See also Criminal code Crimes, statutes adopted libel, slander 5.42.040 malicious prosecution 5.42.050 privacy rights 5.42.030 riot 5.42.020 Publicly owned treatment works See Wastewater pretreatment Punchboards, pull tabs See Gambling tax _Q_ Quiet zones See under Noise —R— Rabies See under Animal control Raffles See Gambling tax Real estate excise tax Additional imposed 3.29.015 park acquisition/improvement fund 3.29.017 Capital improvement fund created 3.29.013 Collection by county 3.29.020 County treasurer duties 3.29.050 Due date 3.29.060 Imposed 3.29.010 Lien 3.29.040 Refunds 3.29.070 Seller's obligation 3.29.030 Statutes adopted 3.29.080 Recycling See also Solid waste Consistency with existing programs 7.80. 100 Containers 7.80.110 Definitions 7.80.020 Program, monitoring 7.80.060 Purpose of provisions 7.80.010 Separation 7.80.090 Services changes 7.80.070 classifications 7.80.040 implementation dates 7.80.120 rates, reporting 7.80.050 required 7.80.030 Rideshare program Definitions 8.49.020 Permits issuance, applications 8.49.040 revocation 8.49.050 Purpose of provisions 8.49.010 Three-hour parking limits, exemptions from 8.49.030 Unlawful activities 8.49.050 Violation, penalty 8.49.060 _S_ Sales, use tax Additional, imposed 3.28.020 Administration, collection 3.28.030 Imposed 3.28.010 Records inspection 3.28.040 Violation, penalty 3.28.050 Secondhand dealers See Pawnbrokers Security guards License required 5.40.070 Sewage treatment plant See Wastewater pretreatment Sewers See Combined utility Sex offenders Registration of 5.38.140 Shorelines See under Parks (Revised 5/04) Index -12