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Edmonds City Code Supplement 45SUPPLEMENT DIRECTIONS Updated by: EDMONDS CITY CODE Dated: Supplement No. 45 — January 2008 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 3654 through 3677, passed January 15, 2008. Remove these pages Insert these pages Table of Contents Preface........................................................................ Preface Table of Revised Pages 1-3 ................................................................ 1-4 Title 1 Title 2 Title 3 Title 4 Title 5 Title 7 1............................................................................ 1 5-10 ......................................................... 5-10.2 19-20 ..................................................... 19-20.2 1............................................................................ 1 23 — 24......... 23-24 ............................................... 41-42.2 ................................................. 41 — 42.2 1............................................................................ 1 41-44 ........................................................ 41-44 54.1-54.2 .......................................... 54.1 — 54.2h 71-72 ........................................................ 71-75 1............................................................................ 1 9-10 ......................................................... 9-10.2 ................................................................ 65-68 9-12.2 ...................................................... 9-12.2 (Revised 1/08) Remove these pages Insert these pages Title 8 13-14 ........................................................ 13-14 17-18.2 ................................................ 17 -18.2b 33-36 ........................................................ 33-36 Title 10 8.1-14 ...................................................... 9-14.2 27-28 ........................................................ 27-28 Ordinance Table 37........................................................................ 37 Index 3-15 ............................................................ 3-16 Please call Code Publishing Company (206-527-6831) should questions arise while removing and replacing supplement pages. (Revised 1/08) TABLE OF CONTENTS Preface Table of Revised Pages Title 1 General Provisions 1.01 Code Adoption......................................................................................... 3 1.02 City Classification.................................................................................... 5 1.03 Posting and Publication of Ordinances and Notices ................................ 7 1.04 Council Meetings..................................................................................... 8 1.05 Public Meetings Attendance.................................................................. 10 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 2.01 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....................................................1.......................... 3 3.02 Lost and Unclaimed Property.................................................................. 4 3.04 Repealed................................................................................................... 6 3.05 Equipment Rental Fund........................................................................... 6 3.07 Criminal Investigation Contingency Fund ....................... 3.08 Drug Enforcement Fund........................................................................ 10 3.09 Cumulative Reserve Fund for Fire Apparatus ....................................... 10 3.10 Repealed.............................................................................................. 10.1 Contents -1 (Revised 1/08) 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................................................................... 36.1 3.45 Donations of Property to City.................................................................42 3.50 Miscellaneous Charges....................................................................... 42.1 3.60 Regulations of Basic Service Rates of the Cable Franchise .................. 43 Title 4 Licenses 4.04 Concession Agreements........................................................................... 3 4.08 Repealed................................................................................................... 4 4.10 Repealed.... ....... ............................................................................. 4.1 4.11 Motor Vehicle Wreckers....................................................................... 4.1 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 .............................................. 41 4.72 Business License............................................................................... 54.2g 4.74 Community Impact Statements........................................................... 54.5 4.75 Pawnbrokers........................................................................................... 57 4.80 Aircraft Landing Permits....................................................................... 63 4.85 Horse Taxis............................................................................................ 65 4.90 Community Oriented Open Air Markets ............................................... 68 4.98 Constitutionally Protected Events........................................................... 72 (Revised 1/08) Contents -2 Title 5 Public Safety and Morals 5.01 Preliminary Article.................................................................................. 3 5.02 Advertising, Crimes Relating To............................................................. 5 5.04 Alcoholic Beverages.............................:.................................................. 6 5.05 Animal Control........................................................................................ 7 5.08 Anticipatory Offenses......................................................................... 20.3 5.10 Boating Code...................................................................................... 20.3 5.12 Children and Minors, Crimes Relating To ............................................. 23 5.14 Controlled Substances, Paraphernalia, Poisons, and Toxic Fumes ....... 24 5.15 Regulation of Sale of Tobacco Products ................................................ 25 5.20 False Alarms .................................... ........ --................................... ...... 27 5.21 Misuse of the 911 or Emergency Call System .................................... 28.1 5.22 Fire, Crimes Relating To....................................................................... 29 5.24 Firearms and Dangerous Weapons........................................................ 30 5.26 Repealed................................................................................................. 34 5.27 Fireworks ... .................................... .•-..................................................... 34 5.28 Frauds, Swindles and False Representations ......................................... 37 5.30 Noise Abatement and Control................................................................ 38 5.32 Park Regulations.................................................................................... 44 5.34 Persons, Crimes Relating To................................................................. 50 5.36 Property, Crimes Relating To................................................................ 52 5.38 Offenses Against the Public Morals ...................................................... 53 5.40 Public Officers, Crimes Relating To ...................................................... 56 5.42 Public Peace, Crimes Relating To ......................................................... 58 5.46 Miscellaneous Crimes............................................................................ 59 5.48 Violations Bureau - Bail Regulations ................................................ 60.1 5.50 Penalties and Court Costs...................................................................... 62 5.55 Emergency Response Cost Recovery .................................................... 64 5.60 Graffiti.................................................................................................... 65 Title 6 Health and Sanitation 6.10 Health Officer- Duties --------------------------- --------- ----------------- -- -- - ------ . - I 6.20 Nuisances................................................................................................. 4 6.30 Noxious Weeds.................................................................................... 6 6.40 Litter Control..........................................................................:................ 7 6.50 Repealed................................................................................................. 14 6.60 Disaster Preparation and Coordination.................................................. 14 6.65 Edmonds Fire Department - Provision of Emergency Services............ 19 6.70 Pollution of Watercourses....................................................................... 19 Title 7 Utility Charges and Regulations 7.10 Water Service............................................................................................ 3 7.20 Backflow Prevention................................................................................ 8 7.30 Water Rates and Sewer Charges............................................................ 10 Contents -3 (Revised 1/08) 7.40 Fire Protection Water Service................................................................ 14 7.50 Stormwater Management Utility........................................................... 16 7.60 Combined Utility ................................................................................... Speed Regulations.................................................................................... 18 7.70 Solid Waste Management ................................................................... 18.1 7.80 Solid Waste Recycling........................................................................... 10 19 7.90 Wastewater Pretreatment - General Provisions ..................................... 23 7.91 Wastewater Pretreatment - General Requirements ............................... 31 7.92 Wastewater Pretreatment - Wastewater Discharge Permit 8.50 Abandoned and Junked Motor Vehicles ........................................... Requirements......................................................................................... 8.51 41 7.93 Wastewater Pretreatment - Reporting Requirements ............................ 43 7.94 Wastewater Pretreatment - Sampling and Analytical Requirements .... 44 7.95 Wastewater Pretreatment - Compliance Monitoring ............................. 45 7.96 Wastewater Pretreatment - Confidential Information ........................... 47 7.97 Wastewater Pretreatment - Administrative Enforcement Remedies..... 47 7.98 Wastewater Pretreatment - Judicial Enforcement Remedies ................ 51 7.99 Wastewater Pretreatment - Supplemental Enforcement Action ............ 52 7.100 Wastewater Pretreatment - Affirmative Defenses to Discharge Violations............................................................................................... 53 7.101 Reserved................................................................................................. 55 7.102 Wastewater Pretreatment - Miscellaneous Provisions .......................... 56 7.200 Illegal Discharges to Stormwater System and Watercourses ................. 58 Title 8 Traffic 8.04 Definitions and Title................................................................................ 3 8.06 Offenses and Penalties............................................................................. 4 8.08 Parade Permits ........ _ _............................................................................. 5 8.16 Speed Regulations.................................................................................... 7 8.24 One -Way Street Traffic Control Devices ................................................ 9 8.28 Special Stops.......................................................................................... 10 8.32 Miscellaneous Driving and Traffic Rules .............................................. 10 8.36 Motorized Foot Scooters......................................................................... I2 8.48 Parking................................................................................................... 14 8.49 Downtown Edmonds Rideshare Program ............................................ 18.8 8.50 Abandoned and Junked Motor Vehicles ........................................... 18.10 8.51 Edmonds Employee Permit Parking Program ........................................ 23 8.52 Residential Parking Zone Regulations .............................. 8.56 Regulating Traffic on Certain Highways ............................................... 29 8.60 Enforcement........................................................................................... 30 8.64 Schedules of Designated Streets............................................................ 31 Title 9 Streets and Sidewalks 9.05 Datum Line.............................................................................................. 3 9.20 Sidewalk Construction............................................................................. 3 9.25 Street Obstruction................................................................................... 9 (Revised 1/08) Contents -4 Title 10 Boards and Commissions 10.01 Council Confirmation.............................................................................. 3 10.05 Architectural Design Board..................................................................... 3 10.15 Building Board of Appeals...................................................................... 5 10.16 Cemetery Board.................................................................................... 6.1 10.20 Edmonds Civic Arts Commission............................................................ 8 10.25 Civil Service Commission..................................................................... 10 10.30 Disability Board..................................................................................... 17 10.31 Medical Self -Insurance Advisory Board ................................................ 18 10.35 Hearing Examiner ............................. 18.1 10.40 Planning Board...................................................................................... 19 10.50 Public Library Board............................................................................. 21 10.60 Edmonds Sister City Commission......................................................... 22 10.70 Lodging Tax Advisory Committee ........................................................ 24 10.80 Citizens' Commission on Compensation of Elected Officials .............. 25 10.90 Edmonds Historic Preservation Commission ........................................ 27 Tables Index Contents -5 (Revised 1/08) PREFACE Citation to the Edmonds City Code: This code should be cited as ECC; i.e., "see ECC 3.08.010." An ECC title should be cited ECC Title 3. An ECC chapter should be cited Chapter 3.08 ECC. An ECC section should be cited ECC 3.08.010. Through references should be made as ECC 3.08.010 through 3.08.040. Series of sections should be cited as ECC 3.08.010, 3.08.020, and 3.08.030. Numbering system: The number of each section of this code consists of three parts, in sequence as follows: Number of title; number of chapter within the title; number of section within the chapter. Thus ECC 3.08.020 is Title 3, chapter 8, section 20. The section part of the number (.020) initially consists of three digits. This provides a facility for numbering new sections to be inserted between existing sections already consecutively numbered. In most chapters of the ECC, sections have been numbered by tens (.010, .020, .030, .040, etc.), leaving nine vacant numbers between original sec- tions so that for a time new sections may be inserted without extension of the section number beyond three digits. Legislation: The legislative source of each section is enclosed in brackets at the end of the sec- tion. References to ordinances are abbreviated; thus "[Ord. 1122 § 1, 1992; Ord. 779 § 2, 1984]" refers to section 1 of Ordinance No. 1122 and section 2 of Ordinance No. 779. "Formerly" followed by an ECC citation preserves the record of original codification. A semicolon between ordinance citations indicates an amendment of the earlier section. Codification tables: To convert an ordinance citation to its ECC number consult the codification tables. Index: ECC Titles 1 through 10 are indexed in the ECC Index. The index includes complete cross-referencing and is keyed to the section numbers described above. Errors or omissions: (1) Where an error has been made in the ordinance during the legislative process, Code Publishing Company adds a corrected word or phrase for clarity. Such additions do not constitute any part of the ordinance. (2) Although considerable care has been used in the production of this code, it is inevitable in so large a work that there will be errors. As users of this code detect such errors, it is requested that a note citing the section involved and the nature of the error be e-mailed to: CPC@ codepublishing.com, so that correction may be made in a subsequent update. Computer access: Code Publishing Company supports a variety of electronic formats for search- ing, extracting, and printing code text; please call the publisher for more information. CODE PUBLISHING COMPANY Seattle, Washington (206) 527-6831 (Revised 1/08) 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 3677, passed January 15, 2008. Page Revised Date Preface................................................................... 1/08 Table of Contents 1,2 ........ ...... _.,............................................ 1/08 3,4 ........ :.............. .................................................. 1/08 5 ................................................... I ......... ........---..... 1/08 Title 1 1............................................................................. 1/08 3,4 ............................................................................ 5,6 ......................................................................... 1/08 7,8 .......................................................................... 1/08 9,10 ..-----• .•............................................................ 1/08 10.1, 10.2---•........................................................... 1/08 11,12 ......... ............................................................ 7/07 13,14 ......................... .......................................... - 7/07 Title 2 1............................................................................ 5/03 3,4 ....................................................................... 11/98 5,6 ..........................................---.............................. - 7, 8 ................... ................. ... ...... ........................... 2/00 9,10/12 -.......... :............ ::... :...... .......................... 3/06 13, 14:.................................................................... 2/02 14.1, 14.2............................................................... 2/02 15,16 ........................................................................ - 17, 18..................................................................... 1/05 19,20 ........................................................ 1/08 20.1, 20.2.......................................................... 1/08 21,22 ....................... .............................. ...... --....... . 6/06 22.1, 22.2 .................................... .....:..................... 6/06 23, 24..................................................................... 8/04 24.1, 24.2 ......................................................... 8/04 24.3, 24.4............................................................... 5/03 25,26 .............................................------------•---•-...... 6/99 27,28 ................... ................ ............ --- .............. ..... 5/00 29,30 ................................. ....... .•--......................... 5/00 Title 3 I............................................................................. 1/08 3, 4............................................................................ - 5, 6.--...................................................................... 6/05 Page Revised Date 7,8 ......................................................................... 6/05 9, 10.---_.............................................................. 11/00 10.1, 10.2......... ........................ , ......................... 2/04 11,12 ........................................................................ - 13, 14 ............................................... ...................... ..... - 14.1, 14.2 ..... ... ....................................................... 2/04 15,16 ..................................................................... 2/03 17,18 ..................................................................... 3/07 18.1, 18.2............................................................... 3/05 19,20 ........................................................................ - 21, 22 ........................... ............................... I ........ ..... 7/07 23,24 ..................................................................... 1/08 24.1, 24.2 ...................................................... 11/00 25, 26........................................................................ 23, 24........................................................................ - 27,28 ...............................•...............................I... 11/00 29,30 ........................................................................ 31,32 --••-------•-•...................................:................... 1/05 33,34 ........................................................................ - 35, 36--•---•.............................................................. 2/98 36.1, 36.2............................................................... 2/98 37,38 .................................................... ......... ........... - 39, 40 ....................................................... .............. - 41, 42 ................... :............. ::......... .:....................... 1/08 42.1, 42.2...................................:........................... 1/08 43,44 ........................................................................ - 45, 46........................................................................ Title 4 1 ............. ............................................. ................. 1/08 3,4 ....................................................................... 12/06 4.1, 4.2 ........ ............................................ ..... 12/06 5,6 ......................................................................... 1/05 7,8 ......................................................................... 1/05 9,10 ................................................... ................. :.. 1/05 10.1, 10.2............................................................... 1/05 11,12 ........................................................................ - 13, 14........................................................................ - 15, 16........................................................................ - 17, 18........................................................................ - 19, 20..................................................................... 5/03 21,22 ........................................_.............................. - 23, 24........................................................................ - Revisions -1 (Revised 1/08) Table of Revised Pages Page Revised Date 25,26 .................................. :.............. ................... 5/03 26.1, 26.2 ............................................................. 5/03 27,28 .................................................................. 5/03 29,30 ...-.............................................................. 7/07 30.1, 30.2.............................................................. 7/07 31,32 ........................................................................ - 33, 34........................................................................ - 35, 36 ........................ ....... ............. I...................... 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........................................................................ - 41, 42................................................................... 1/08 43,44 ....... ............................................................. 1/08 45,46 .................................................................... 8/96 47,48 .......................... .......... ..............,..... ........ 8/96 49,50 .................................................................... 8/96 51,52 ................................................................... 8/96 53,54 .................................................................... 8/96 54.1, 54.2.............................................................. 1/08 54.2a, 54.2b........................................................... 1/08 54.2c, 54.2d........................................................... 1/08 54.2e, 54.2f........................................................... 1/08 54.2g, 54.2h.......................................................... 1/08 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.................................................................... 1/08 73,74 .................................................................... 1/08 75.......................................................................... 1/08 Title 5 1............................................................................ 1/08 3,4 ........................................................................ 8/99 5,6 .......................................................................... 5/03 7,8 ...............................•........................................ 7/07 9,10 ...................................................................... 1/08 11,12 .................................................................... 7/07 12.1, 12.2.............................................................. 7/07 13,14 ........................................................... ..... 5/03 15, 16 ..................................................... ......... 5/03 17, 18.................................................................... 5/04 Page Revised Date 18.1, 18.2............................................................... 5/04 19,20 ..................................................................... 5/03 20.1, 20.2 .......................... ............... .................. 5/03 20.3, 20.4 -............................................ ......... ...... 5/03 21,22 ........................................................................ 13,14 ..................................................................... 23, 24........................................................................ 15, 16..................................................................... 25,26 ....................................................................... - 27, 28........................................................................ 19 ................... ... .. ................. ............... 28.1, 28.2 .............................................................. 6/99 29,30 ........................................................................ - 31,32 ........................................................................ - 33, 34..................................................................... 2/03 35,36 .................................. .............................. 5/03 36.1, 36.2 ....................... .................................. :..... 5/03 37,38 ..................................................................... 5/02 39,40 ................................................................0....... - 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 65, 66 .....::........................................ : .... ................. 1/08 67,68 ........................................................... :......... 1/08 Title 6 I............................. . .............................................. 2/04 3,4 ........................................................... ............. 5,6 ....................................................................... 7, 8.................................................................. 4...... 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-.............................:........................................ 7/07 5, 6......................................................................... 7/07 6.1, 6.2.................................................................. 7/07 7,8 ..................................................................... - 9,10 ..................................... ......... 1/08 11, 12.............................................................. ... 1/08 (Revised 1/08) Revisions -2 Edmonds City Code Page Revised Date 12.1, 12.2............................................................... 1/08 13,14 ..................................................................... 7/07 15,16 ..................................................................... 7/07 17, 18 - ............... .................................................... . 3/06 18.1, 18.2..............................••............................... 5/03 19,20 ..................................................................... 11/05 21,22 .................................................... ......... 1/08 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 37,38 ....................................................................... 5/04 39,40 ..................................................................... 5/04 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 ...... :.................................................. ............ . 5/04 57,58 .................................................................... 5/04 59,60 ..................................................................... 2/04 61,62 ..................................................................... 2/04 63,64 ......--••-•......---•............................................... 2/04 65,66 ...... ............................................................... 2/04 Title 8 1 .................. .................................................. 7/07 3,4 ............................................................................ - 5, 6............................................................................ - 7, 8....................................................................... 11/98 9,10 ................................... I ........................... I.......... - 11, 12..................................................................... 1/05 13, 14..................................................................... 1/08 15,16 ..................................................... .--.---.. 11/05 17,18 ..................................................................... 1/08 18.1, 18.2 ...... :........... .................................. ........... 1/08 18.2a, 18.2b........................................................... 1/08 18.3, 18.4 ................................ :......... :.................... 9/06 18.4a, 18.4b........................................................... 9/06 18.5, 18.6............................................................. 11/05 18.7, 18.8...........,................................................. 11/05 18.9, 18.10 ................. ...................................... 11/05 19,20 ......................:................................................. - 21, 22........................................................................ - 23, 24 .............................. :...................................... 7/07 25,26 ..................................................................... 7/07 26.1, 26.2............................................................... 7/07 27,28 ............................................................•...... 12/06 Table of Revised Pages Page Revised Date 29, 30 ..: ...................................... .......................... 12/06 31,32 .... ::.............................................. :.............. 12/06 33,34 ......... :..:..:..................................................... 1/08 35,36 ..................................................................... 1/08 37 ........................ ................................................. 11105 Title 9 I........................................................................... 12/96 3,4 ....................................................................... 12/96 5, 6..::.......:...............:........................................... 12/96 7,8 ....................................................................... 12/96 9,10 ..................................................................... 12/96 Title 10 1............................................................................. 8/04 3,4 ............................................................................ - 5, 6......................................................................... 8/03 6.1, 6.2................................................................... 8/03 7,8 ......................................................................... 3/07 9, 10....................................................................... 1/08 11,12 ........................................•........................... 1/08 13, 14..................................................................... 1/08 14.1, 14.2..........................................•------.............. 1/08 15,16 ........................................................... ....... 17,18 .................................................................. 6/05 18.1, 18.2........................................................... 10/97 19,20 ................................................................... 11/02 21,22 ..................................................................... 8/98 23,24 .................................... :.................. ......... ..... 2/98 25,26 ......................................................••---.......... 8/04 27, 28 • .............................. .......................... .......... 1/08 29........................................................................... 3/05 Ordinance Table 1,2 ......................................................................... 8/98 3,4 ......................................................................... 2/00 5,6 .............................................................. ... - 7, 8......................................................................... 8/04 9,10 ..................................................................... 11/05 11,12 ................................................................... 11/05 13,14 ...............................................................•-.. 11/05 15,16 .................................................................... 11/05 17,18 ................................................................... 11/05 19,20 ................................................................. 7/07 21,22 ....................................................... ......... 7/07 23,24 ..................................................................... 7/07 25,26 ................................. ............................. 7/07 27,28 ............................... ...................................... 7/07 29,30 ..................................................................... 7/07 31,32 ..................................................................... 7/07 33,34 ......................... ..........,....... ,......................... 7/07 35,36 .................................................................... 7/07 37 .............................. ............. .............................. 1/08 Revisions -3 (Revised 1/08) Table of Revised Pages Page Revised Date Index 1,2 ................ .............. ......................... 7/07 3,4 ..................................................................... 1/08 5,6 ........................................................................ 1/08 7,8 ........................................................................ 1/08 9, 10...................................................................... 1/08 11, 12.................................................................... 1/08 13,14 .................................................................... 1/08 15, 16.................................................................... 1/08 (Revised 1/08) Revisions -4 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.............................................................. 10 1.08 Initiative and Referendum................................................................. 11 1.14 Repealed.. ........................................................................................... 11 1.20 Copies, Certifications and Transcriptions of City Records ............... 12 1-1 (Revised 1/08) Edmonds City Code 1.01.090 Exclusions. Every special ordinance of this city govern- ing the following subject matter, whether con- tained in whole or in part within this code, is excluded from the operation and effect of ECC 1.01.080 and is not affected by the superseding provisions hereof: annexations; franchises; naming roads; streets and public places; acqui- sition or disposal of public property; vacation of streets, alleys, or public ways; acceptance of any gift, device, license or other benefit; pro- vided that the foregoing enumeration of excep- tions or exclusions shall not be deemed to be exclusive or exhaustive, it being the intent and purpose to exclude from repeal any and all ordinances not of a general nature. [Ord. 2183 § 2, 1980]. 1.01.100 Prohibited acts include causing, permitting, etc. Whenever in this code any act or omission is made unlawful it includes causing, allowing, permitting, aiding, abetting, suffering, or con- cealing the fact of such act or omission. [Ord. 2183 § 2, 1980]. 1.01.110 Severability. If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The council declares that it would have passed this code and each sec- tion, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or uncon- stitutional, and if for any reason this code or any portion thereof should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. [Ord. 2183 § 2, 1980]. 1.02.030 Chapter 1.02 CITY CLASSIFICATION Sections: 1.02.010 Adoption of optional municipal code. 1.02.020 Effective date. 1.02.030 City council positions. 1.02.031 Council president. 1.02.035 Filling vacant council positions. 1.02.040 Existing city laws and regulations. 1.02.060 Mid -biennial budget review and modification. 1.02.010 Adoption of optional municipal code. There is adopted for the city of Edmonds, Washington, the classification of noncharter code city retaining the mayor -council plan of government under which the city of Edmonds is presently operated, as provided in Chapter 35A.12 RCW, endowed with all the applicable rights, powers, privileges, duties and obliga- tions of a noncharter code city as the same now exists, or may be provided hereafter, including any and all supplements, amendments or other modifications of said title hereafter at any time enacted. [Ord. 1513, 1970]. 1.02.020 Effective date. The city clerk is authorized and directed to forward to the secretary of state a certified copy of the ordinance codified herein for filing pursuant to RCW 35A.02.040, as amended, on the thirty-first day of December, 1970, and upon which filing the city of Edmonds shall thereafter be classified as a noncharter city as herein provided commencing with the first day of January, 1971. [Ord. 1513, 1970]. 1.02.030 City council positions. The city council shall continue to hold office until their successors are elected and qualified at the next biennial municipal elec- tions to be conducted as provided in Chapter 1-5 (Revised 1/08) 1.02.031 35A.29 RCW. The four existing city council positions which terms will expire January 10, 1972, shall be elected for four-year terms in the 1971 municipal elections. The three exist- ing city council positions which terms expire January 14, 1974, shall be elected for new four-year terms in the 1973 municipal elec- tions. Thereafter the requisite number of city council positions shall be filled by election biennially as the terms of their predecessors expire and shall serve for terms of four years. The positions to be filled on the city council shall be designated by consecutive numbers and shall be dealt with as separate offices for all election purposes as provided by Chapter 35A.29 RCW. [Ord. 1513, 1970]. 1.02.031 Council president. At the first council meeting in July for the year 1989, the city council shall elect one of its members as council president who shall also be the mayor pro tempore. The council presi- dent's term shall be for six months and until his successor is elected. Following the initial six-month term, the council president shall be elected for one-year terms by the city council at the first council meeting of each year and shall serve for a one-year term until his or her successor is elected. A. At the same time, the city council shall elect a council president pro tempore who shall serve in the absence of the council president. In the event that both the council president and president pro tempore are unavailable, the council president shall appoint a member of the council to fulfill his/her duties while both are unavailable. B. In addition to any other duties assigned by the city council, the council president shall have the following responsibilities: 1. Make assignments to all council com- mittees, schedule committee hearings, and oth- erwise supervise the committee system; 2. Formulate and prepare the agenda for city council meetings; and (Revised 1/08) 1-6 3. Supervise and direct the activities of the council resource person. C. In addition to the salary as a member of the city council, the council president shall be entitled to receive a salary of $100.00 per month and $25.00 per council meeting in order to compensate him for the time necessary to prepare the agenda and other associated responsibilities. This total additional compen- sation shall not exceed $200.00 per month. When the council president is absent and coun- cil president pro tempore is serving in his place, the city council president pro tempore shall receive the $25.00 per meeting payment. [Ord. 2722, 1989; Ord. 2389, 1983; Ord. 2308, 1982; Ord. 2131 § 1, 1980; Ord. 2126 § 1, 1980; Ord. 2116 § 1, 1980]. 1.02.035 Filling vacant council positions. A. In the event a vacancy or vacancies shall occur on the city council, such position(s) shall be filled until a successor to such position(s) can be elected for the remainder of the unex- pired term(s) at the next municipal election. Such election process shall comply with the requirements of RCW 35A.12.050 and Chap- ter 42.12 RCW. In addition the city council shall establish a process commensurate with the time available which includes, at a mini- mum, public notification by posting and publi- cation in the city's legal newspaper, the establishment of an application process with a clearly stated deadline for the submission of letters of interest, the development of ques- tionnaires to assist the city council in its pro- cess, a public interview process conducted by the city council and nominations and selection by the city council during an open public meet- ing. All portions of this process shall be open to the public unless the city council in its dis- cretion elects to discuss the qualifications of a candidate for public office in executive session as provided for by RCW 42.30.110(h). B. In the event that a council member shall resign or otherwise become ineligible to hold office after the date when the council position Edmonds City Code has been filled by election but prior to the date on which the newly elected council member is eligible to take office, the city council may in its sole discretion elect to dispense with the procedures established in subsection A of this section and appoint the newly elected succes- sor to fill the vacancy for the remainder of the unexpired term. [Ord. 3382 § 1, 2001; Ord. 3005 § 1, 1995; Ord. 1841 § 2, 1976]. 1.02.040 Existing city laws and regulations. All ordinances, resolutions and orders adopted under the third class city classification, where not in conflict with state law, shall con- tinue in force until repealed or amended by the city council under the newly adopted optional municipal code classification of noncharter code city under the mayor -council form of gov- ernment. [Ord. 1513, 1970]. 1.02.060 Mid -biennial budget review and modification. A review of the mid -biennial budget shall commence no sooner than eight months after the start nor later than conclusion of the first year of the fiscal biennium. The mayor shall prepare the proposed budget modification and shall provide for publication of notice of hear- ings consistent with publication of notices for adoption of other city ordinances. Public hear- ings on the proposed budget modification shall be heard prior to the adoption of the ordinance modifying the biennial budget. At least seven days before said hearings, the mayor shall dis- tribute the proposed budget modification to members of the city council, with copies avail- able to the public at City Hall. [Ord. 3671 § 1, 2007]. 1.03.030 Chapter 1.03 POSTING AND PUBLICATION OF ORDINANCES AND NOTICES Sections: 1.03.010 Designation of official newspaper. 1.03.020 Posting of notices. 1.03.030 Publication — Effective date of ordinances. 1.03.040 Affidavit of publication. 1.03.010 Designation of official newspaper. The Everett Herald is hereby designated as the city's official newspaper for the purpose of publishing ordinances and notices required by law to be published. [Ord. 2511, 1985]. 1.03.020 Posting of notices. Where allowed by law, the posting of notices required to be posted by any provision of this code or any applicable state law shall be at the following three public places, all of which are hereby designated as the official posting places for city notices: A. Public bulletin board in the Edmonds Civic Center, 250 Fifth Avenue North, Edmonds, Washington, 98020; B. Public bulletin board in the Edmonds Public Library, 650 Main Street, Edmonds, Washington, 98020; and C. Public bulletin board, Edmonds branch of the United States Post Office, 201 Main Street, Edmonds, Washington, 98020. [Ord. 2511, 1985; Ord. 2448, 1984]. 1.03.030 Publication — Effective date of ordinances. Promptly after adoption, every ordinance of the city of Edmonds shall be published at least in the official newspaper of the city; provided, that the city reserves the right to publish ordi- nance summaries as authorized by law. The effective date of ordinances published pursu- ant to this section shall be five days after the date of publication, unless otherwise provided 1-7 (Revised 1/08) 1.03.040 by statute, except that an ordinance passed by a majority plus one of the whole membership of the city council, designated therein as a pub- lic emergency ordinance necessary for the pro- tection of the public health, public safety, public property or the public peace, may be made effective upon adoption, but such ordi- nance may not levy taxes, grant, renew or extend a franchise or authorize the borrowing of money. [Ord. 2511, 19851. 1.03.040 Affidavit of publication. The city clerk shall obtain from the official newspaper an affidavit of publication for each ordinance or notice required to be published therein, which affidavit shall state the date of publication. The affidavit of publication shall be attached to the ordinance and filed for record in the official ordinance book. The date of publication of the ordinance shall be set forth at the foot of the ordinance following the indicated date of passage by the city council. [Ord. 2511, 1985]. (Revised 1/08) 1-8 Chapter 1.04 COUNCIL MEETINGS Sections: 1.04.010 Regular public meeting time and days. 1.04.015 Posting notice of change. 1.04.020 Recessed meetings and continuances. 1.04.030 Holidays. 1.04.040 Cancellation of regularly scheduled meetings. 1.04.010 Regular public meeting time and days. Regular meetings of the city council shall be held on each Tuesday of every month through- out the year in the Plaza Meeting Room — Library Building at 7:00 p.m. The second and fourth Tuesdays of every month are hereby designated as work meetings, and the city council shall not hold any public hearings for which notice is required to be given by state law or ordinance of the city unless special notice of the same is posted as provided in ECC 1.03.020. Council meetings shall adjourn at 10:00 p.m. on the day initiated unless such adjournment is extended by an affirmative vote of a majority of the council as a whole plus one. In the event state law requires an adoption of an ordinance or other action on other than a Tues- day, such as budget hearings, said dates are hereby declared to be additional regular meet- ing dates upon which date the action, ordi- nance, resolution or hearing may be taken and/or adopted. Committee meetings of the council shall be held in conjunction with work meetings of the council at such times and in accordance with such procedures as the council and its respective committees shall establish. The 10:00 p.m. adjournment deadline set by this section shall apply only to meetings of the council as a whole and shall not affect the abil- ity of any council subcommittee to meet after such time when so scheduled by the chair or of Edmonds City Code the subcommittee. [Ord. 2707, 1989; Ord. 2492, 1985; Ord. 2465, 1984; Ord. 2430, 1984; Ord. 2367, 1983; Ord. 2240 § 1, 1981; Ord. 2209 § 1, 1981; Ord. 2194 § 1, 1981; Ord. 2110 § 1, 1980; Ord. 1979 § 1, 1978; Ord. 1676, 1973; Ord. 1611, 1972; Ord. 1606 § 1, 1972; Ord. 1479, 1970; Ord. 839, 1960; Ord. 503 § 1, 1937]. 1.04.015 Posting notice of change. The city clerk is hereby directed to post notice in accordance with ECC 1.03.020 of any special meeting or meeting date estab- lished by the council and of any change in a meeting date, time, place or the cancellation thereof. Posting of this notice is for informa- tional purposes only and shall be an addition to any other notice requirement established by state law or these ordinances. Any irregularity in the posting of this gratuitous notice shall not in and of itself affect the validity of any meet- ing held in accordance with such original or amended posting. [Ord. 2707, 1989]. 1.04.020 Recessed meetings and continuances. In the event the city council is unable to complete its agenda on any Tuesday, it may recess the meeting to the immediately follow- ing Wednesday at the same time and place as the commencement of the meeting for which the agenda was incomplete. Nothing herein shall be construed to prevent the city council from continuing any item before it in public meeting to a future regularly scheduled Tues- day meeting of the city council. [Ord. 1606 § 2, 1972]. 1.04.030 Holidays. In the event a regularly scheduled city coun- cil meeting falls on a recognized holiday, the meeting shall take place on the immediately following day at the same time and place as it would have were it not for the holiday. [Ord. 1606 § 3, 1972]. 1.04.040 1.04.040 Cancellation of regularly scheduled meetings. In the event that a quorum of the council will not be available for a meeting, insufficient business exists to justify a regularly scheduled meeting, an emergency such as inclement weather or other cause makes meeting atten- dance inappropriate or unreasonable, or other reasonable causes determined by the council president, the council president may cancel a meeting. Upon cancellation, the city clerk shall post the notice of cancellation in accor- dance with ECC 1.04.015, provide notice of cancellation on the city's web site and provide individual notice of cancellation to city coun- cil members. If a public hearing was scheduled on that date, reasonable efforts shall be made by staff to contact interested parties, applicants or appellants, given the amount of time avail- able before the established meeting time and date. [Ord. 3656 § 1, 2007]. 1-9 (Revised 1/08) 1.05.010 Chapter 1.05 PUBLIC MEETINGS ATTENDANCE Sections: 1.05.010 Attendance required. 1.05.020 Attendance records. 1.05.030 New nominees appointment/ confirmations. 1.05.040 Exemptions. 1.05.050 Quorum requirements. 1.05.010 Attendance required. A. In addition to being subject to removal for other particularized grounds as set forth in applicable provisions of the Edmonds City Code, members of all city boards, commissions and committees (hereinafter "members") except as set forth herein, shall be removed from office, and the position deemed vacant as set forth in ECC 1.05.020(C) if such member attends less than 70 percent of the regular meet- ings in any one calendar year, and/or is not in attendance at three or more consecutive regular meetings. B. The chairperson of the particular board, commission or committee may excuse any member from attendance at any particular meeting or meetings for reasons that are (1) work related, (2) due to illness or death in the family, or (3) extended vacations in excess of two weeks in length; provided, however, each such excused absence shall be so noted by the chairperson at the meeting from which the member is being excused and such fact shall be recorded in the minutes along with the reason given for the excused absence by the member. Excused absences shall not be counted for pur- poses of removal from office, but only if so noted in the minutes as set forth herein. In the absence of the chairperson, the member acting in the chairperson's behalf, such as vice -chair- person or pro tem, shall make the determina- tion of whether the absence is excused, and announce the same for recording in the minutes of the meeting from which the member is (Revised 1/08) 1-10 excused. [Ord. 2556, 1986; Ord. 2033 § 2, 1978; Ord. 2156 § 1, 1980]. 1.05.020 Attendance records. A. The city clerk shall keep a record of attendance of all board, commission and com- mittee meetings. Upon any member failing to attend three or more consecutive regular meet- ings without the chairperson's excuse being noted in the minutes, the city clerk shall certify said member's name in writing to the mayor and shall notify in writing the members, the chairperson, and the appropriate city depart- ment head. B. On or before January 15th of each calen- dar year, commencing in 1980, the city clerk shall compile a list of members, if any, who have attended less than 70 percent of the regu- lar meetings in the past calendar year without the chairperson's excuses being noted in the minutes, and shall certify this list to the mayor. The city clerk shall also notify in writing the members, the applicable chairperson and the appropriate city department head. C. The member shall be automatically removed from office and the position deemed vacant as of the date of the city clerk's written notification as set forth in subsections (A) and (B) of this section. [Ord. 2033 § 3, 1978; Ord. 2156 § 2, 1980]. 1.05.030 New nominees appointment/ confirmations. Upon receipt from the city clerk of the names of members failing to maintain atten- dance as provided herein, the mayor shall, within 90 days thereof, submit new nomina- tions to the city council for confirmation. The city council shall confirm or reject the nomina- tions within 30 days after the mayor submits the nominations to the council for consider- ation. A member removed for failing to main- tain attendance as provided by this chapter may not be renominated or reappointed to a position on that or other city of Edmonds' board, com- Edmonds City Code mittee or commission for at least one year after removal. [Ord. 2033 § 4, 1978]. 1.05.040 Exemptions. The provisions of this chapter shall -not apply to members of the following boards, commissions and committees: A. Edmonds city council; and B. Edmonds civil service commission. [Ord. 2033 § 5, 1978]. 1.05.050 Quorum requirements. Notwithstanding any other provision of the Edmonds City Code, if the number of members of any city board, commission or committee having seven positions and subject to this chap- ter, should be reduced to six or less for any rea- son, including a member's removal for failure to maintain attendance, three members shall constitute a quorum. [Ord. 2033 § 6, 1978]. 1-10.1 1.05.050 (Revised 1/08) This page left intentionally blank. (Revised 1/08) 1-10.2 Edmonds City Code Chapter 2.30 MUNICIPAL EMPLOYEES BENEFIT PLAN Sections: 2.30.010 Employee benefit plan authorized. 2.30.020 Plan mandatory. 2.30.010 Employee benefit plan authorized. There is established for qualified city employees a benefit plan to be provided by the city in lieu of coverage under the Federal Old Age Survivors Disability and Health Insurance Act. The benefit plan shall be as set forth in that certain document entitled, "City of Edmonds Employees Benefit Plan," prepared by Howard Johnson and Company, three cop- ies of which are and have been on file in the office of the city clerk for use and examination by the public. [Ord. 1922 § 2, 1977; Ord. 615 § 1, 1951]. 2.30.020 Plan mandatory. The terms of the plan shall be mandatory for all present and future qualified city employees. [Ord. 1922 § 3, 1977; Ord. 615 § 2, 1951]. 2.35.010 Chapter 2.35 VACATION AND SICK LEAVE Sections: 2.35.010 Definitions. 2.35.020 Holidays. 2.35.030 Vacations. 2.35.040 Compensating time. 2.35.045 Shared leave. 2.35.050 Emergency service. 2.35.060 Sick leave. 2.35.070 Transfer of position. 2.35.080 Extenuating circumstances. 2.35.090 Conflict. 2.35.010 Definitions. A. "Compensating time" is that period of time that an employee may have away service of the city due to service in excess of regular hours. B. "Continuous service" is continuous ser- vice of an employee of the city and shall con- tinue until resignation or involuntary dismissal. Military leave of not to exceed 30 days in any one calendar year, absence because of military service in time of war, and permitted sick leave shall not constitute an interruption of continu- ous service. C. "Contract employee" is an employee whose terms and conditions of employment are determined by an annual contract with the city. Contract employees shall include but are not limited to the council resource person; pro- vided, however, that no person shall be deemed a contract employee without the express autho- rization of the city council. The provisions of the contract shall govern and control and no provision of any collective bargaining agree- ment or this chapter shall be applicable to the position unless specifically referenced in the contract and the city ordinance. The employee shall receive only those benefits provided by the contract or specifically required pursuant to state or federal law. D. "Day" means a standard eight-hour work day. The vacation, sick leave and other accru- 2-19 (Revised 1/08) 2.35.020 als referenced in this chapter shall be converted to a total of hours earned, based upon each day of accrual equaling eight hours of accrual. E. "Employee" means those persons em- ployed in the service of the city on a full-time basis and who are remunerated pursuant to the annual salary ordinance, other than those per- sons for whom the city has recognized a sole collective bargaining agent. F. "Service" is being present for and/or per- forming the duty to which an employee of the city has been assigned. G. "Spouse" shall mean an individual who is married to a city employee under the laws of the state of Washington, or who is in a domes- tic partnership which has been registered with the state of Washington in accord with the pro- visions of Chapter 43.07 RCW. [Ord. 3675 § 1, 2007; Ord. 3547 § 1, 2005; Ord. 2870 § 2, 1992]. 2.35.020 Holidays. A. Each employee shall be entitled to one day away from service for each of the follow- ing holidays: January 1st (New Year's Day); Third Monday of January (Martin Luther King, Jr. Day); Third Monday of February (President's Day); Last Monday of May (Memorial Day); July 4th (Anniversary of Declaration of Independence); First Monday of September (Labor Day); November 11th (Veteran's Day); Fourth Thursday of November (Thanksgiv- ing Day); Day immediately following Thanksgiving Day; December 24th and 25th (Christmas Eve and Christmas Day); B. Each' employee who, because of the nature of his/her service, serves on a holiday, shall be compensated in accordance with the following provisions: (Revised 1/08) 2-20 1. Employees classified as nonexempt shall, at his/her option, be compensated for work on that holiday either by payment for such work at the overtime rate of pay or, may, at his/her election receive an equivalent amount of compensatory time off at a date con- venient to the city. Such day away from ser- vice shall be set at a date mutually agreed upon, but shall be set within 12 months of the holiday served. Such rate of pay shall not be pyramided in the event that any hours worked are subject to the overtime provisions of the Fair Labor Standards Act. 2. Exempt employees shall be permitted one full day away from service with full pay on a day which he/she would otherwise have served. Such day off shall be scheduled at a date mutually agreed upon within 12 months of the holiday served. C. No employee shall be called to work on any holiday for less than a full day of work. When any of the aforementioned holidays falls on a Sunday, the Monday following shall be considered the holiday. If the holiday occurs during an employee's vacation, he/she shall receive the holiday pay in addition to his/her vacation pay. D. Nothing in this section shall be con- strued to have the effect of adding or deleting the number of paid holidays provided for in any existing agreement between the city and any group or groups of employees of the city. If any of the legal holidays set forth in this section are also federal legal holidays but observed on different dates, only the holiday occurring on the date specified shall be recog- nized as a paid legal holiday. In no case shall both be recognized as paid legal holidays for employees. [Ord. 3404 § 1, 2002; Ord. 2821 § 1, 1991; Ord. 2571 § 1, 1986; Ord. 1862 § 1, 1976; Ord. 1422, 1969; Ord. 1168 § 2, 1966]. 2.35.030 Vacations. A. Regular employees shall accrue the fol- lowing amount of vacation leave with pay based on the length of continuous service, as that term is defined in the personnel policies: Edmonds City Code 1. Nonexempt, represented employees shall receive vacation leave in accordance with the applicable collective bargaining agree- ment; 2-20.1 2.35.030 (Revised 1/08) This page left intentionally blank. (Revised 1/08) 2-20.2 Title 3 REVENUE AND FINANCE Chapters: Page 3.01 Sale of City Property............................................................................ 3 3.02 Lost and Unclaimed Property.............................................................. 4 3.04 Repealed...............................................................................................6 3.05 Equipment Rental Fund....................................................................... 6 3.07 Criminal Investigation Contingency Fund .............. 3.08 Drug Enforcement Fund.................................................................... 10 3.09 Cumulative Reserve Fund for Fire Apparatus ................................... 10 3.10 Repealed..........................................................................................10.1 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............................................................... 36.1 3.45 Donations of Property to City ............................................................ 42 3.50 Miscellaneous Charges................................................................... 42.1 3.60 Regulations of Basic Service Rates of the Cable Franchise ............. 43 3-1 (Revised 1108) Edmonds City Code Chapter 3.24 TAXATION AND REGULATION OF GAMBLING Sections: tax. 3.24.010 Definitions. 3.24.015 Cardrooms prohibited. 3.24.016 Legal nonconforming uses. 3.24.020 Persons subject to tax — Tax rate. 3.24.030 Tax to be computed and paid 3.24.080 quarterly — Exceptions. 3.24.040 Administration and collection of 3.24.010 Definitions. For the purposes of this chapter, the words and terms used herein shall have the same meaning given to each pursuant to Chapter 9.46 RCW as same exists or may from time to time be amended; and as set forth under the Rules of the Washington State Gambling Commission, WAC Title 230 as the same exists or may hereafter be amended, unless otherwise specifically provided. [Ord. 3152 § 1, 1997; Ord. 1766 § 2, 1975]. 3.24.015 Cardrooms prohibited. The conduct or operation of social card games as commercial stimulants as defined in RCW 9.46.0217 and 9.46.0282 shall be prohib- 3.24.020 ited. [Ord. 3328 § 1, 2000; Ord. 3319 § 1, 2000]. 3.24.016 Legal nonconforming uses. All land uses operating social card games which are currently in existence with the city, which were legally established under land use regulations in effect at the time of the estab- lishment, and which have current gambling licenses issued by the State Gambling Com- mission may continue to operate at a current level; provided, that such level is authorized by the current gambling license. All such land uses operating social card games: A. Shall be considered legal nonconform- ing uses under this act. B. Shall not be expanded or intensified by the addition of tables at which social card games are played beyond the numbers autho- rized by current gambling license. C. Shall permanently cease operation upon revocation or failure to renew license issued by the Washington State Gambling Commission. D. Shall permanently cease operation of any table for social -card games where opera- tion is discontinued for more than 30 days. E. Shall permanently cease operation if site or tables for social card games are relocated, reconstructed or redeveloped. F. Shall permanently cease operation five years after the ordinance codified in this sec- tion is enacted. [Ord. 3328 § 2, 2000]. Code reviser's note: The Court of Appeals of Washing- ton, Division I, held in Edmonds Shopping Center Asso- ciates v. City of Edmonds, 177 Wn. App. 344, 71 P.3d 233 (2003) that ECC 3.24.016 is preempted by state law — RCW 9.46.295. 3.24.020 Persons subject to tax — Tax rate. There is hereby levied upon all persons, associations and organizations conducting or operating within this jurisdiction any of the activities listed below a tax to be paid to the city of Edmonds in the amount hereafter specified: A. Bingo and Raffles. A tax in an amount equal to five percent of the gross receipts from 3-23 (Revised 1/08) tax. 3.24.050 Method of payment. 3.24.060 Failure to make timely payment of tax or fee. 3.24.070 Notice of intention to engage in activity to be filed. 3.24.080 Records required. 3.24.090 Overpayment or underpayment of tax. 3.24.100 Failure to make return. 3.24.110 Tax additional to others. 3.24.120 City clerk to make rules. 3.24.130 Taxes, penalties and fees constitute debt to municipality. 3.24.140 Limitation on right of recovery. 3.24.200 Violation — Penalties. 3.24.300 Severability. 3.24.010 Definitions. For the purposes of this chapter, the words and terms used herein shall have the same meaning given to each pursuant to Chapter 9.46 RCW as same exists or may from time to time be amended; and as set forth under the Rules of the Washington State Gambling Commission, WAC Title 230 as the same exists or may hereafter be amended, unless otherwise specifically provided. [Ord. 3152 § 1, 1997; Ord. 1766 § 2, 1975]. 3.24.015 Cardrooms prohibited. The conduct or operation of social card games as commercial stimulants as defined in RCW 9.46.0217 and 9.46.0282 shall be prohib- 3.24.020 ited. [Ord. 3328 § 1, 2000; Ord. 3319 § 1, 2000]. 3.24.016 Legal nonconforming uses. All land uses operating social card games which are currently in existence with the city, which were legally established under land use regulations in effect at the time of the estab- lishment, and which have current gambling licenses issued by the State Gambling Com- mission may continue to operate at a current level; provided, that such level is authorized by the current gambling license. All such land uses operating social card games: A. Shall be considered legal nonconform- ing uses under this act. B. Shall not be expanded or intensified by the addition of tables at which social card games are played beyond the numbers autho- rized by current gambling license. C. Shall permanently cease operation upon revocation or failure to renew license issued by the Washington State Gambling Commission. D. Shall permanently cease operation of any table for social -card games where opera- tion is discontinued for more than 30 days. E. Shall permanently cease operation if site or tables for social card games are relocated, reconstructed or redeveloped. F. Shall permanently cease operation five years after the ordinance codified in this sec- tion is enacted. [Ord. 3328 § 2, 2000]. Code reviser's note: The Court of Appeals of Washing- ton, Division I, held in Edmonds Shopping Center Asso- ciates v. City of Edmonds, 177 Wn. App. 344, 71 P.3d 233 (2003) that ECC 3.24.016 is preempted by state law — RCW 9.46.295. 3.24.020 Persons subject to tax — Tax rate. There is hereby levied upon all persons, associations and organizations conducting or operating within this jurisdiction any of the activities listed below a tax to be paid to the city of Edmonds in the amount hereafter specified: A. Bingo and Raffles. A tax in an amount equal to five percent of the gross receipts from 3-23 (Revised 1/08) 3.24.030 a bingo game or raffle less the amount awarded as cash or merchandise prizes; B. Amusement games shall not be subject to the levy of a tax; provided, however, that such games are authorized for operation pursuant to the provisions of the Washington Administra- tive Code, and shall be subject to the levy of a fee in the amount of two percent of the gross receipts from the amusement game, less the amount awarded as prizes for the purpose of providing for the city's actual costs of enforce- ment of the laws of the state of Washington and the ordinances of the city of Edmonds; C. Punchboards or Pulltabs. 1. Bona fide charitable or nonprofit organizations shall pay a tax in an amount equal to 10 percent of the gross receipts from the operation of the games, less the amount awarded as prizes or merchandise; and 2. Commercial stimulant operators shall pay a tax in an amount equal to five percent of the gross receipts from the operation of punch - boards and pulltabs; D. Card Playing. Operators shall pay a tax equal to the maximum tax rate allowed by the Revised Code of Washington including RCW 9.46.110; E. Exemptions. 1. Bingo and amusement games con- ducted by a bona fide charitable or nonprofit organization shall be exempt from the tax imposed by subsections A and B of this sec- tion, when such organization has no paid oper- ating or management personnel, and gross receipt from bingo or amusement games or a combination thereof does not exceed $5,000 per year less the amount awarded as cash or merchandise; 2. No tax may be imposed on the first $10,000 of gross receipts, less the amount awarded as cash or merchandise prizes, from raffles conducted by any bona fide charitable or nonprofit organization. [Ord. 3328 § 4, 2000; Ord. 3304 § 1, 2000; Ord. 3152 § 2, 1997; Ord. 2746 § 1, 1990; Ord. 2687 § 1, (Revised 1/08) 3-24 1988; Ord. 1943 §§ 1, 2, 1977; Ord. 1837, 1976; Ord. 1766 § 3, 19751. 3.24.030 Tax to be computed and paid quarterly — Exceptions. A. Each of the various taxes imposed by this chapter shall be computed on the basis of activity during each calendar quarter year, be due and payable in quarterly installments and remittance therefor, together with the return forms, and be made to the city on or before the last day of the next month succeeding the quar- terly period in which the tax accrued. Such payments shall be due on January 31 st, April 30th, July 31st and October 31st of each respective year. B. Whenever any person, association or organization taxed under this chapter quits business, sells out or otherwise disposes of its business, or terminates the business, any tax due shall become due and payable immedi- ately, and such taxpayer shall, within 10 days thereafter, make a return and pay the tax due. C. Whenever it appears to the city clerk that the collection of taxes from any person, asso- ciation or organization may be in jeopardy, the clerk, after not less than 10 days' notice to the taxpayer, is authorized to require that the tax - Edmonds City Code The council shall further limit the time within which said work shall be completed, and dur- ing the time allowed in the contract for the completion of the work, the city engineer shall, on the last day of each month, issue an estimate of the amount of work done by the contractor during the month; but shall, after the date for completion of the contract, furnish no estimate other than the final estimate issued after the completion of the work. Said final estimate issued by the city engineer shall include, in addition to a statement of the amount of money expended for fixed estimate costs prior to the date set for the completion of the contract. All fixed estimate costs incurred by the city after the time fixed in the contract for its completion shall be borne by the contractor as a penalty for failure to complete the work within the speci- fied time. B. All estimates of the city engineer shall be filed in the office of the city clerk and by him reported to the council at the next regular meet- ing, or at a special meeting called for that pur- pose, and not more than 95 percent of such estimate shall be allowed and all warrants ordered in payment thereof shall be drawn only upon the particular local improvement fund under which the work is done, and which war- rants shall bear interest at a rate not to exceed eight percent per annum from date until redeemed either in money or bonds by the finance director, and shall cease to draw such interest from and after the date fixed by the finance director in a call for the redemption thereof. C. The five percent required to be held as a reserve to protect laborers and material men for a period of 30 days after final acceptance of the completion of the work, shall, at the expi- ration of such period, be paid to the contractor in warrants on such special fund so far as the same may be free from claims of liens, and which warrants shall draw interest as above set forth. [Ord. 2565 § 2, 1986; Ord. 1069 § 2, 1964; Ord. 651 § 11, 1954]. 3.40.130 3.40.120 Fixed estimate costs — Procedure. The cost and expense incurred by the city in engineering and surveying necessary for such improvement, and all cost of preparing all nec- essary data, including the cost of ascertaining the ownership of the property included in the assessment district, advertising and publishing all notices required to be published, shall be called the "fixed estimate" and all bidders shall include the amount thereof in all such bids. If the cost and expense of the improvement to be provided by the mode of payment by bonds the contractor or the contract purchaser of the bonds shall be required to pay the amount of the fixed estimate in cash or certified check to the finance director to be by him placed to the credit of the local improvement fund with which to redeem all warrants issued for such fixed estimate, and an amount equal therewith in interest bearing warrants shall be issued to the contractor or the contract purchaser of the bonds. The finance director shall place so much of said fixed estimate paid in by the con- tractor or the bond purchaser into the local improvement district fund as will represent the total sum of the warrants and interest to be drawn on that fund for fixed estimate costs. The city council shall have the right to vary the amount of the fixed estimate as the circum- stance may require. [Ord. 651 § 12, 1954]. 3.40.130 Proceedings not specified — State laws to govern. All proceedings necessary for the making of local improvements, and the assessment and collection of the cost and expense thereof, not specified in this chapter or amendments thereof, shall be done and performed in the manner and in accordance with the Laws of the State of Washington. The use of a hearing ex- aminer to hear the final assessment roll is in- corporated in this title under RCW 35.44.070 is specifically authorized and shall be undertaken in accordance with the provisions of ECC Title 20 as the same exists or is hereafter amended. [Ord. 2490, 1985; Ord. 651 § 13, 1954]. 3-41 (Revised 1/08) 3.40.140 3.40.140 Reductions in area of assessments. The office of the finance director may accept a reduction in the area of property sub- ject to an assessment for a local improvement district and apply the balance of the assess- ment, including interest and penalties, if any, to the remainder of the property subject to the assessment; provided, that the written consent of the property owner is filed with the finance director, and provided further that the reduc- tion in area will not result in a substantial dim- inution of the value of the affected property remaining and subject to assessment. [Ord. 1382 § 1, 19681. (Revised 1/08) 3-42 Chapter 3.45 DONATIONS OF PROPERTY TO CITY Sections:: 3.45.010 Administration. 3.45.020 Use. 3.45.030 Acceptance. 3.45.010 Administration. The mayor or the mayor's designee shall have the responsibility for the administration of all donations to the city. [Ord. 3670 § 1, 2007]. 3.45.020 Use. In the event a donor has indicated a desire for a particular use by the city of a donation, such donation shall, to the extent reasonably feasible, be used consistent with the donor's desired use. If a donor has not specified a par- ticular desired use, the donation may be used for any municipal purpose. [Ord. 3670 § 1, 2007]. 3.45.030 Acceptance. All monetary and nonmonetary donations with a current value of up to $10,000 may be approved and accepted for the city by the mayor. All donations with a value greater than $10,000 must be approved by the city council before acceptance. The mayor shall estimate the value of any nonmonetary donation not supported by a bona fide appraisal, for pur- poses of compliance with this section. [Ord. 3670 § 1, 2007]. Edmonds City Code Chapter 3.50 MISCELLANEOUS CHARGES Sections: 3.50.010 Fees for fingerprinting services. 3.50.020 Charges — Insufficient funds and other returned checks. 3.50.030 Repealed. 3.50.040 Meeting room charges. 3.50.010 Fees for fingerprinting services. A fee of $5.00 shall be collected for each person requesting the making or preparing of a fingerprint record by the city. The record shall be prepared by the Edmonds police depart- ment, which agency shall also collect the fees for each such record prepared and which fees shall become a part of the general fund. [Ord. 2246 § 1, 1981; Ord. 1722 § 2, 1974]. 3.50.020 Charges — Insufficient funds and other returned checks. A charge of $30.00 shall be assessed against any person who has made payment to the city by check for any fee or charge when such check is returned by the bank against whom it has been drawn due to insufficient funds on account, closure of the account, or any other reason resulting in the nonpayment of the check. The $30.00 fee shall be paid prior to the application to any payment against the fee or charge initially assessed. Nothing herein shall be interpreted to limit or prohibit the city from collecting reasonable attorneys' fees or other collection costs in the event that it is forced to collect the account through a judicial remedy, nor to prohibit the administrative services director from waiving such a charge for per- sons qualifying as low income citizens under the provisions of ECC 7.30.070. [Ord. 3375 § 1, 2001; Ord. 3156 § 1, 1997; Ord. 2740 § 1, 1990]. KXYIxIZII, 3.50.030 Delinquency charge. Repealed by Ord. 3629. [Ord. 3156 § 2, 1997]. 3.50.040 Meeting room charges. The mayor is hereby authorized to establish charges for the use of meeting rooms by public and private organizations, both profit and non- profit, on an annual basis as a part of the bud- get process. Charges for such rooms shall be reported to the council as a part of each annual budget process. The charges for the next fiscal year shall be deemed approved at the date that the budget is approved. Such charges shall be made available to the public at the administra- tive services department, the office of the city clerk, and the office of the mayor. [Ord. 3443 § 1, 2003]. 3-42.1 (Revised 1/08) This page left intentionally blank. (Revised 1/08) 3-42.2 Title 4 LICENSES Chapters: Page 4.04 Concession Agreements....................................................................... 3 4.08 Repealed...............................................................................................4 4.10 Repealed............................................................................................4.1 4.11 Motor Vehicle Wreckers................................................................... 4.1 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 .......................................... 41 4.72 Business License........................................................................... 54.2g 4.74 Community Impact Statements....................................................... 54.5 4.75 Pawnbrokers.......................................................................................57 4.80 Aircraft Landing Permits................................................................... 63 4.85 Horse Taxis........................................................................................ 65 4.90 Community Oriented Open Air Markets ........................................... 68 4.98 Constitutionally Protected Events...................................... ................ 72 4-1 (Revised 1/08) Edmonds City Code Chapter 4.64 GARBAGE COLLECTION (Repealed by Ord. 3432) Chapter 4.68 COMMUNITY ANTENNA TELEVISION SYSTEMS Sections: 4.68.010 Definitions. 4.68.020 Terms of franchise. 4.68.030 Application. 4.68.040 Franchise issuance. 4.68.050 Acceptance. 4.68.060 Police power. 4.68.070 Rules and regulations by the city. 4.68.080 Construction standards. 4.68.090 Undergrounding and landscaping. 4.68.100 Construction in right-of-way. 4.68.110 Safety requirements. 4.68.120 Building moving. 4.68.130 Tree trimming. 4.68.140 Rates. 4.68.150 Cable availability. 4.68.160 Franchise fee. 4.68.170 Periodic meetings. 4.68.180 Cable system evaluation. 4.68.190 Record inspection. 4.68.200 Public, educational and governmental access. 4.68.210 City-wide public, educational and government access interconnection. 4.68.220 Institutional networks (1 -nets). 4.68.230 City-wide institutional networks interconnection. 4.68.240 Access and institutional network equipment. 4.68.250 External franchising costs. 4.68.260 Nondiscrimination. 4.68.270 Continuity of service. 4.68.280 Transfer of. ownership. 4.68.290 Removal and abandonment of property of franchisee. 4.68.300 Revocation for cause. 4.68.310 Effect of termination for non- compliance. 4.68.320 Indemnity and hold harmless. 4.68.330 Insurance. 4.68.340 Performance bond. 4-41 (Revised 1/08) 4.68.010 4.68.350 Recourse against bonds and other security. 4.68.360 Franchising costs. 4.68.370 Equalization of civic contributions 4.68.3 80 Inconsistency. 4.68.390 Expedited review process — Competitive franchises. 4.68.400 CFAR application requisites. 4.68.410 CFAR application fee — Deposit required. 4.68.010 Definitions. 1. "Access channels" means channels set aside by a franchisee exclusively for noncom- mercial public, educational, or governmental use (commonly referred to as "PEG" chan- nels). 2. The "Act" means the Cable Communica- tions Policy Act of 1984 as amended by the Cable Television Consumer Protection and Competition Act of 1992 and any subsequent amendments. 3. "Addressability" means the ability of a system allowing a franchisee to authorize spe- cific equipment to receive, change or to cancel any or all specified programming. 4. "Applicant" means any person or entity that applies for a cable television franchise. 5. "Basic cable service" means the lowest level of service regularly provided to all sub- scribers that includes the retransmission of local broadcast signals. 6. "Cablecast" means the distribution of programming which originates within the facilities of the cable television system. 7. "Cable facilities" means equipment and wiring used to transmit audio and video signals to subscribers. 8. "Cable service" means: a. The one-way transmission to sub- scribers of video programming or other ser- vices; and b. Subscriber interaction, if any, which is required for the selection of such video pro- gramming or other service. (Revised 1/08) 4-42 9. "Cable system" means a facility, consist- ing of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service and other service to subscribers. 10. "Channel" or "cable channel" means a portion of the electromagnetic frequency spec- trum which is used in a cable system and which is capable of delivering a television sig- nal as defined by the Federal Communications Commission. 11. "Character generator" means a device used to generate alphanumerical programming to be cablecast on a cable channel. 12. "City" means the city of Edmonds, a municipal corporation of the state of Washing- ton. 13. "Council" means the city of Edmonds council acting in its official capacity. 14. "Data communication" means: a. The transmission of encoded informa- tion; or b. The transmission of data from one point to another. 15. "Dwelling units" means residential liv- ing facilities as distinguished from temporary lodging facilities such as hospitals, hotel and motel rooms and dormitories, and includes sin- gle-family residential units and individual apartments, condominium units, mobile homes, extended care facilities and other mul- tiple -family residential units. 16. "Emergency" means a condition of imminent danger to the health, safety, and wel- fare of property or persons located within the city including, without limitation, damage to persons or property from natural conse- quences, such as storms, earthquakes, riots or wars. 17. "FCC" means the Federal Communica- tions Commission, a regulatory agency of the United States government. 18. "Fiber optics" means the technology of guiding and projecting light for use as a com- munications medium. Edmonds City Code 19. "Franchise" means the initial authoriza- tion, or renewal thereof, issued by the franchis- ing authority, whether such authorization is designated as a franchise, permit, ordinance, resolution, contract, certificate or otherwise, which authorizes construction and operation of .the cable system for the purpose of offering cable service or other service to subscribers. 20. "Franchisee" means the person, firm or corporation to whom or which a franchise, as hereinabove defined, is granted by the council under this chapter and the lawful successor, transferee or assignee of said person, firm or corporation subject to such conditions as may be defined in city ordinance. 21. "Gross revenues" means any and all revenues (as that term is defined by generally accepted accounting principles) received directly or indirectly from all sources which arise out of or are derived from the operation of a franchisee's cable system in the city. When the revenue of the franchisee includes gross revenues from sources outside of the city, a franchisee shall prorate the gross revenues among its sources by multiplying such gross revenues by a fraction the numerator of which is the number of franchisee's subscribers in the city and the denominator of which is the total number of all a franchisee's subscribers. "Gross revenues" shall not include the follow- ing: a. Fees and payments from subscribers who do not live in the city; b. Taxes on services furnished by a fran- chisee, which are imposed on any subscriber or used by any governmental unit, agency or instrumentality and which are collected by a franchisee for such entity; c. Bad debt write-offs; d. Revenue from the sale of equipment or other assets of the cable system to persons not purchasing services from the cable system; e. Revenue from transactions involving real property owned or leased by the franchi- see; 4.68.010 f. Amounts collected from subscribers as a franchise fee to be paid to city. 22. "Headend" means the electronic equip- ment located at the start of a cable system, usu- ally including antennas, preamplifiers, fre- quency converters, demodulators and related equipment. 4-43 (Revised 1/08) This page left intentionally blank. (Revised 1/08) 4-44 Edmonds City Code chise, or fails to file for judicial review of the city's findings, the city may thereafter fore- close against the performance bond and/or withdraw from any other security an amount sufficient to compensate the city's damages, with interest, at the legal rate. Upon such fore- closure or withdrawal, the city shall notify a franchisee in writing, by first class mail, post- age prepaid, of the amount and date thereof. B. Restoration. Within 30 days after mail- ing notice to a franchisee that the city has fore- closed franchisee's performance bond or that any amount has been withdrawn by the city from the other security pursuant to subsection A of this section, a franchisee shall deposit such further bond or sum of money, or other security, as the city may require, sufficient to meet the requirements of this chapter and the franchise agreement. C. Rights of the City. The rights reserved to the city with respect to any bond or security are in addition to all other rights of the city whether reserved by this chapter or authorized by law, and no action, proceeding, or exercise of a right with respect to any bond or other security shall constitute an election or waiver of any rights or other remedies the city may have. [Ord. 3083 § 1, 1996]. 4.68.360 Franchising costs. The operator shall pay to the city upon acceptance of any initial franchise or renewal franchise granted hereunder, the city's reason- able out-of-pocket costs associated with the franchising process up to a maximum amount specified in the franchise agreement. The amount of the filing fee shall be a credit against these out-of-pocket costs. Costs shall include such items as consulting fees, expenses, and the costs of publishing notices and ordinances, etc. Such payment is not to be considered in lieu of franchise fee payments. Payment is due within 30 days of receipt of appropriate invoice from the city. [Ord. 3083 § 1, 1996]. 4.68.380 4.68.370 Equalization of civic contributions. In the event of one or more new franchises being granted, the city may require that such subsequent franchisees pay to the city an amount proportionally equal to franchising costs contributed by the initial franchisee. These costs may include but are not limited to such features as access and institutional net- work costs, bidirectional or equivalent cable installed to municipal buildings and similar expenses. Additional franchisees shall provide all PEG access channel(s) currently available to the subscribers of existing franchisees. In order to provide these access channels, addi- tional franchisees shall interconnect, at their cost, with existing franchisees, subject to any reasonable terms and conditions that the exist- ing franchisee providing the interconnection may require. These interconnection agree- ments shall be made directly between the fran- chisees. The city council, in such cases of dispute of award, may be called upon to arbi- trate regarding these arrangements. Additional franchisees shall contribute towards costs of PEG access paid by a prior franchisee by paying to the prior franchisee on each anniversary of the grant of the subsequent franchise an amount equal to a proportionate share of the amount contributed by the prior franchisee for PEG access costs in constant dollars. This proportion shall be based upon the number of subscribers in the city held by each franchise and shall be contributed until such time as equal contributions towards the cost of PEG access have been made. [Ord. 3083 § 1, 1996]. 4.68.380 Inconsistency. If any portion of this chapter should be inconsistent or conflict with any rule or regula- tion now or hereafter adopted by the FCC or other federal law, then, to the extent of the inconsistency or conflict, the rule or regulation of the FCC or other federal law shall control for 4-54.1 (Revised 1/08) 4.68.390 so long, but only for so long, as such rule, reg- ulation, or law shall remain in effect; provided the remaining provisions of this chapter shall not be affected thereby. [Ord. 3083 § 1, 1996]. 4.68.390 Expedited review process — Competitive franchises. In accordance with the competitive fran- chise rule adopted pursuant to Part 76 of Title 47 of the Code of Federal Regulations (CFR), Section 76.41, a process for expedited review of franchise applications for a competitive franchise is hereby established. A. Application of Rule. Any application for a cable franchise agreement submitted pursu- ant to 47 CFR Section 76.41 to the city shall contain the requisite information set forth herein. The mayor and staff shall evaluate the application and make recommendations to the Edmonds city council based on the criteria set forth herein. B. Definitions. As used in this local rule, definitions shall be as follows: 1. "Affiliated entity" or "affiliate" means any entity having ownership or control in common with the grantee, in whole or in part, including, without limitation, grantee's parent corporations and any subsidiaries or affiliates of such parent corporations. 2. "CFAR franchise applicant" or "applicant" means an applicant for a cable franchise pursuant to the provisions of the competitive franchise application rule (CFAR) set forth in Part 76 of 47 CFR Section 76.41, and includes the parent corporation, its subsid- iaries and principals. 3. "City" means the city of Edmonds. 4. "Control" is not limited to majority stock ownership, but includes actual working control in whatever manner exercised. 5. "Interest" includes officers, directors and shareholders owning five percent or more of the CFAR franchise applicant's outstanding stock or any equivalent voting interest of a partnership or joint venture. 6. "Model cable franchise template" means this chapter, containing standard fran- (Revised 1/08) 4-54.2 chise terms and conditions for cable franchises granted in the city, as the same exists or is hereafter amended through a process that will commence in 2008. Franchises granted under existing Chapter 4.68 shall expire on April 26, 2011, unless an earlier date is established in the review process. 7. "Staff' means the persons or posi- tions designated by the mayor for review. The term shall include any consultant hired by the city to assist in its review. 8. "Parent corporation" includes any entity with ownership or control of the CFAR franchise applicant. 9. "Principal" includes any person, firm, corporation, partnership, joint venture, affili- ates, or other entity, who or which has control of or interest in a CFAR franchise applicant. 10. "Regulatory authority" includes any governmental or quasi -governmental organi- zation or entity with jurisdiction over all or any portion of the CFAR franchise applicant or its operations. C. Competitive Franchise Application Sub- mission. A CFAR franchise applicant shall include in its application detailed written responses to the requisite information set forth in ECC 4.68.400, in addition to any informa- tion required by 47 CFR Section 76.41 (here- inafter collectively the "application"). A CFAR franchise applicant shall submit an application fee required under ECC 4.68.410 as part of its application to the city. A CFAR franchise applicant shall also provide any additional information requested by the staff that is relevant to the evaluation of the applica- tion under the criteria adopted herein and applicable law. Completed application and the application fee shall be filed with the city clerk at the following address: City Clerk City of Edmonds 121— 5th Ave. North Edmonds, WA 98020 Edmonds City Code The staff shall accept and review only those applications that include complete responses to every element of the information required herein. Submission of an application that does not include the requisite information set forth in ECC 4.68.400 and the application fee shall not commence the time period set forth in 47 CFR Section 76.41 for granting or denying an application. If the staff requests any additional information from the CFAR franchise appli- cant, the time period set forth in 47 CFR Sec- tion 76.41 shall be tolled from the date the information is requested until the date such information is received by the staff. The CFAR franchise applicant shall imme- diately submit additional or updated informa- tion as necessary to ensure the requisite information provided is complete and accurate throughout the staff review of the application. Upon request, the staff will promptly pro- vide access to documents or information in its possession or control that are necessary for the completion of an application; provided, that the CFAR franchise applicant does not other- wise have access to such documents or infor- mation and that such documents or information are subject to disclosure under Washington public records laws. [Ord. 3668 § 1, 2007]. 4.68.400 CFAR application requisites. A. Identification and Ownership Informa- tion. 1. Identification of Applicant and Pro- posed Franchisee. a. State the name, address, telephone number and web site (if applicable) of the applicant and the proposed franchisee (if dif- ferent from applicant). b. State the name, address, primary telephone number and primary e-mail address of all individual(s) authorized to represent the applicant before the staff during their consid- eration of the franchise(s) requested, including the applicant's primary contact and any addi- tional authorized contacts. 4.68.400 2. Business Structure. a. Corporation. i. If applicant is a corporation, please list all officers and members of the board of directors, their principal affiliations and their addresses; ii. Attach a certified copy of the articles of incorporation and bylaws of the cor- poration as well as certificates of good stand- ing from the Secretary of State of the state of incorporation as well as the state of Washing- ton; and iii. State whether the applicant is directly or indirectly controlled by another corporation or legal entity. If so, attach an explanatory statement and response to subsec- tions (2)(a)(i) and (ii) of this section concern- ing the controlling corporation. b. Partnership. i. If applicant is a partnership, please describe the structure of the partnership and the interests of general and limited part- ners. ii. State whether the applicant is controlled directly or indirectly by any corpo- ration or other legal entity. If so, respond to subsections (2)(a)(i) and (ii) or (2)(b)(i) of this section, as applicable, concerning the control- ling entity. 3. Experience. a. Current Franchises. Please list all cable systems operated by the applicant in the last five years. For each system, include name of system, address, communities served, num- ber of subscribers, number of homes passed, date of system award, duration (start and end date) of franchise, status of construction, and percent of penetration of homes passed as of most recently available date (include date). Also include name, title, and telephone num- ber of the system manager and authorized rep- resentative of the franchising authority. b. Pending Franchises. List commu- nities where the applicant or any affiliate cur- rently has a formal or informal request pending for an initial franchise, the renewal of a fran- 4-54.2a (Revised 1/08) 4.68.400 chise, or the approval of a transfer of owner- ship. Include names of communities, date of application, date of expected action, and esti- mated number of homes. Also include com- plete contact information of an authorized representative of the franchise authority. 4. Management Structure. Attach a management/organizational chart showing the management structure of the applicant. Also, provide a similar chart showing the relation- ship of the applicant to all general partners, parent corporations, subsidiaries, affiliates and all other subsidiaries of parent corporation, including a brief description of each entity's relationship to the applicant. 5. Management Agreement. State whether there are any management agreements existing or proposed between the applicant and any parent corporation or affiliate related to construction and operation of the applicant's planned system in Edmonds. If yes, attach a copy of any such agreement. B. Legal Qualifications. 1. Media Cross -Ownership. Section 613 of the Cable Communications Policy Act of 1984, 47 USC Section 533(a), and applicable FCC rules prohibit certain forms of media cross -ownership. Please state whether the applicant or an affiliate directly or indirectly owns, operates, controls or has an interest in any of the following, or whether the applicant holds or operates any company or business operating jointly with any of the following: a. A national broadcast television network (such as ABC, CBS or NBC, etc.). b. A television broadcast station whose predicted Grade B contour, computed in accordance with Section 73.684 of the FCC's rules, overlaps in whole or in part in the city, or an application for license to operate such a station. c. A telecommunications or tele- phone company whose service area includes any portion of the city. If the response to any of the above is affirmative, state the name of the applicant or affiliate, the nature and percentage of owner- ship or interest and the company that is owned or in which the interest is held. 2. Equal Employment Opportunity and Affirmative Action. Federal law requires cable system operators to be certified by the Federal Communications Commission (FCC) as being in compliance with the equal employment opportunity requirements of Section 634(e) of the Cable Communications Policy Act of 1984, 47 USC Section 554(e). The applicant shall attach any current FCC certification(s) for its existing cable system holdings, if any, or indicate its intention to apply for and abide by same. 3. Franchise Violations. State whether the applicant or any affiliate has been found in violation by a regulatory authority or franchis- ing ,authority of any franchise ordinance or agreement, contract or regulation governing a cable system. If so, identify the judicial or administrative proceeding, giving the date, name of tribunal and result or disposition of that proceeding. 4. Other Violations. State whether the applicant or any affiliate has been found in vio- lation of any franchise, ordinance, agreement, permit, contract or regulation by a regulatory authority of any other type (e.g., public utility commission). If so, identify the judicial or administrative proceeding, giving the date, name of tribunal and result or disposition of that proceeding. C. Financial Qualifications. 1. For applicants with existing opera- tions: provide audited financial statements, including statements of income, balance sheets and cash flow statements, together with any notes necessary to the understanding of the financial statements for the last three fiscal years for the applicant and any parent corpora- tion. Please provide associated operating sta- tistics including distribution plant miles, homes passed, number of basic cable service subscribers, and number of subscribers to other tiers or services, including digital ser - (Revised 1/08) 4-54.2b Edmonds City Code vices, Internet access services, telephone ser- vices and number of premium units, for the operations corresponding to the financial state- ments. 2. For all applicants: provide detailed pro forma projections for both applicant's operations in the city and any regional or national planned operations of which the city is a part for the next five fiscal years from the date of the application, including balance sheets, income statements, and statements of cash flows, or, alternatively, at a minimum, detailed projected income and cash flow state- ments. Please include associated operating sta- tistic assumptions for these projections including distribution plant miles, homes passed, number of basic cable service sub- scribers, number of subscribers to other tiers or services (e.g., digital service, high-speed Inter- net access service, telephone service, etc.), and number of premium units. Also, describe any other assumptions reflected in the projections, including (a) revenue assumptions, such as service rates, (b) expense assumptions, such as direct costs of service, staffing levels, or antic- ipated cost inflation, (c) capital expenditure assumptions, such as miles of plant to be built and costs per mile of construction or per sub- scriber, and (d) financing assumptions, such as funds to be borrowed and from whom, interest rates, and timing of repayment, or equity infu- sions and distributions. Please provide these projections in electronic (Excel spreadsheet) form as well as in printed form. D. Technical Qualifications, Planned Ser- vices and Operations. 1. Describe the applicant's planned ini- tial and proposed geographic cable service area, including a map and proposed dates for offering service to each area; 2. If the applicant has or asserts existing authority to access the public right-of-way in any of the initial or proposed service areas listed in subsection (D)(1) of this section, state the basis for such authority or asserted author - 4.68.400 ity and attach the relevant agreements or other documentation of such authority; 3. Describe with particularity the appli- cant's planned residential cable services, including basic cable services, cable program- ming service tiers, and any additional pay-per- view, on -demand or digital services; and the projected rates for each category or tier or ser- vice; 4. Describe with particularity the appli- cant's planned system technical design, upstream and downstream capacity and speed, provision for analog or digital services or packages, distribution of fiber, and planned count of households per residential node; 5. Describe with particularity the appli- cant's planned nonresidential cable services; 6. Describe the applicant's planned con- struction and extension or phase schedule, as applicable, including system extension plans or policy; describe current status of the appli- cant's existing or proposed arrangements with area utilities, including pole attachments, vault, or conduit sharing agreements as appli- cable; 7. Describe the applicant's plan to ensure that the safety, functioning and appear- ance of property and convenience and safety of other persons not be adversely affected by installation or construction of the applicant's facilities, and that property owners are justly compensated for any damages caused by the installation, construction, operation or removal of the facilities; also state the pro- posed allocation of costs of installation, con- struction, operation or removal of facilities between the applicant and the subscriber; 8. Describe the availability and cost of a device to enable a subscriber to block obscene or indecent programming; and 9. Describe the applicant's plan to com- ply with the subscriber privacy protections set forth in 47 USC Section 551. 4-54.2c (Revised 1/08) 4.68.400 E. Minimum Franchise Obligations. Please state the applicant's intention to meet each of the following minimum cable franchise stan- dards: 1. Model Franchises. The applicant shall comply with all provisions of this chapter. 2. Right -of -Way ("ROW") Regulations. The applicant shall stipulate in writing that it will at all times comply with all applicable and lawful city laws and regulations related to use of the public ROW within the boundaries of the city. 3. Nondiscrimination. The applicant shall stipulate that it shall not deny cable ser- vice to any group of potential residential cable subscribers in the cable service area proposed by applicant based on their income. 4. Franchise Fees. The applicant shall pay franchise fees on a monthly basis, unless otherwise agreed to by the city, at the franchise fee rate established by ordinance for all cable service providers in Edmonds. F. City Expectations. The applicant will provide a detailed proposal as part of its appli- cation regarding each of the below provisions to enable the city to determine whether the application meets the cable -related needs and interests of the city. 1. Build -Out. The city expects that all residents within a specified cable service area will have access to applicant's cable services consistent with all applicable local, state and federal laws and regulations. The applicant shall provide a proposal to provide access to cable services to all residents in applicant's proposed cable service area within a reason- able time period. Maps of existing franchise districts are on file with the staff's office or available by contacting the city at 425-775- 2525. The staff may reconsider cable service areas proposed by applicant that overlap the geographic boundaries of existing Edmonds cable franchise districts. Applicant shall clearly specify all build -out criteria and excep- tions. 2. PEG Channel Capacity. The applicant shall provide the same channel capacity as (Revised 1/08) 4-54.2d available under existing incumbent city cable franchise agreements. Channel capacity is not limited to channels currently in use but shall include all available channels under existing franchise agreements. G. Proposed Franchise Terms. The city's model cable franchise template, Attachment A to this rule, reflects terms and conditions required of other cable operations in Edmonds as of the effective date of the CFAR. The applicant shall list any proposed amendments to the model cable franchise template and an explanation as to why the amendment should be considered by the city. These proposed amendments may either be included in this section of applicant's CFAR franchise applica- tion or shown directly on the model cable fran- chise template. An electronic copy of the model cable franchise template may be obtained by calling staff at 425-775-2525 or on the city's web site: www.ci.edmonds.wa.us. H. Miscellaneous Provisions. State whether the applicant contemplates the provision of any cable services on its system under an open video systems ("OVS") regulatory regime, within the meaning of Section 653 of the 1934 Communications Act (47 USC Section 573). I. Affidavit of Applicant. Each application shall be accompanied by an affidavit substan- tially in the form set forth below: This application of the Applicant is sub- mitted by the undersigned who has been duly authorized to make the rep- resentations within on behalf of the Ap- plicant and certifies the representa- tions are true and correct. The Applicant recognizes that all rep- resentations are binding on it and that material misrepresentations or omis- sions, or failure to adhere to any such representation may result in a negative staff recommendation to the Edmonds City Council, or denial of a CFAR Fran- chise Application by the Edmonds City Council. Edmonds City Code Consent is hereby given to the staff and their representatives or agents to make inquiry into the legal character, technical, financial and other qualifica- tions of the Applicant by contacting any persons or organizations named here- in as references, or by any other ap- propriate means. The Applicant recognizes that informa- tion submitted is open to public inspec- tion and subject to the Washington Public Records Law. We advise the Applicant to be familiar with the Wash- ington Public Records Act at Chapter 42.56 RCW. The Applicant should specifically identify any information which the Applicant has deemed pro- prietary, the Staff, as appropriate, will tender to the Applicant the defense of any request to compel disclosure. By submitting information which the Appli- cant deems proprietary or otherwise exempt from disclosure, the Applicant agrees to defend and hold harmless the City of Edmonds and the staff from any claim for disclosure including but not limited to expenses including out- of-pocket costs and attorneys' fees, as well as any judgment entered against the City of Edmonds or the staff for the attorney fees of the party requesting disclosure. Name of Applicant's Authorized Rep- resentative: Affiant's Signature: Official Position: Date: NOTARIZATION Subscribed and sworn before me this of , 20. Notary Public for Washington: My Commission expires: 4.68.400 J. Application Fee. The application fee to cover the reasonable cost of processing appli- cation is set forth in ECC 4.68.410. The fee shall be equal to the actual, reasonable costs of review, and the application fee shall be consid- ered a deposit against payment or reimburse- ment of the city's costs. K. Review Process. 1. Acceptance of Application. Within 10 business days of receipt of an application, staff shall review the application to ensure all requi- site information is included in the application. a. If the application is not complete, staff will notify the applicant in writing within 10 business days, listing the requisite informa- tion that is required to complete the application and notifying the applicant that the time period for granting or denying the application set forth in 47 CFR Section 76.41 will not begin to run until such information is received. b. If the application is complete, staff will notify the applicant in writing within five business days by certified mail that all requi- site information has been received. 2. Staff Review. Staff shall review all completed applications based on the review criteria set forth herein. If, during the review of an application, staff requires additional infor- mation from the applicant, staff will promptly request the information from the applicant, in writing, along with a notification that the time period for granting or denying the application set forth in 47 CFR Section 76.41 will be tolled until such information is received by the staff. After completing the review, staff shall pro- vide an analysis of the application and recom- mendations to the Edmonds city council. 3. Public Notification and Opportunity to Comment. The Edmonds city council may hold a public hearing to provide the applicant and residents in the proposed cable service area prompt notice and an opportunity to com- ment on any CFAR franchise application. Notice requirements for public hearings shall be provided 10 business days in advance; pro- vided, however, that the city clerk may shorten or alter these requirements as needed to meet 4-54.2e (Revised 1/08) the deadline for a council decision set forth in 47 CFR Section 76.41, unless the applicant and the staff agree to extend the deadline. 4. Review Criteria. The staff may rec- ommend to the city council denial of an appli- cation of any of the following exists: a. The applicant does not have the financial, technical, or legal qualifications to provide cable service; or b. The applicant will not provide ade- quate public, educational, and governmental access channel capacity, facilities, or financial support, as evidenced by the most recent needs ascertainment conducted by or on behalf of the staff or other relevant study of community needs; or c. The applicant will not meet the city's minimum reasonable build -out require- ments; or d. The applicant's proposed terms do not comply with applicable federal, state and local laws and regulations including, but not limited to, local customer service standards or relevant existing city contractual obligations; or e. Applicant has made material mis- representations or omissions, or has failed to adhere to any such representations. 5. Length of Franchise. A franchise granted under these provisions shall expire on the date established in the review process, in no event later than April 26, 2011, the same date as any underlying, nonexclusive cable franchise previously granted by the city. This franchise length has been established in order to permit full assessment of the needs of the city and its citizens as permitted by 47 USC Section 521, et seq., and the regulations pro- mulgated thereunder as this chapter is revised. [Ord. 3668 § 2, 2007]. 4.68.410 CFAR application fee — Deposit required. The application shall be accompanied by a cashier's check or similar instrument in the amount of $5,000. This fee is a deposit against (Revised 1/08) 4-54.2f the actual reasonable cost of processing the application. The applicant agrees, by its sub- mittal, to pay the actual reasonable costs of review, either by city staff or a consultant, on a time and materials basis. If the deposit is not adequate to pay the costs incurred, written notice to supplement the deposit shall be pro- vided by staff. If the applicant fails to supple- ment the deposit, processing shall halt and the time limit for review stayed until the deposit is supplemented in an amount equal to the esti- mated cost of completing review. Any unused portion of the deposit shall be returned to the applicant. [Ord. 3668 § 3, 2007]. Edmonds City Code Chapter 4.72 BUSINESS LICENSE Sections: 4.72.010 Definitions. 4.72.020 Business license required. 4.72.023 Registration of transient accommodations. 4.72.030 Procedure. 4.72.040 Fee — Terms — Penalty. 4.72.050 Ineligible activities. 4.72.060 Revocation or suspension. 4.72.065 Transfer or sale of business — New license required. 4.72.070 Penalty for violation. 4.72.010 Definitions. In construing the provisions of this chapter, save when otherwise declared or clearly appar- ent from the context, the following definitions shall be applied: A. Person. The term "person' shall include one or more persons of either sex, corpora- tions, partnerships, associations, or other entity capable of having an action at law brought against such entity, but shall not include employees or persons licensed pursu- ant to this chapter. B. Business. The term "business" includes all services and activities engaged in with the object of pecuniary gain, benefit or advantage to the person, or to any other person or class, directly or indirectly, whether part-time or full-time, except those businesses or occupa- tions which are regulated pursuant to, or for which licenses or franchises are required by, the following chapters of the Edmonds City Code: 3.20 (Business License and Occupation Tax); 4.11 (Motor Vehicle Wreckers); 4.12 (Peddlers, Solicitors and Street Vendors); 4.20 (Liquor Licenses); 4.48 (Cabaret Dances); 4.72.010 4-54.2g (Revised 1/08) This page left intentionally blank. (Revised 1/08) 4-54.2h Edmonds City Code $50.00 fee. This fee is based upon the cost to the city of reviewing and processing the appli- cation and shall be submitted in conjunction with the application. Each participating vendor shall pay $5.00 for its participation in the com- munity oriented open air market during each calendar year. No application shall be deemed complete until all fees have been paid. [Ord. 3032 § 3, 1995; Ord. 3015 § 3, 1995]. 4.90.080 Term of license. Each license issued under this chapter shall be limited to the number of days approved for operation for the community oriented open air market for which the license was issued. Licenses shall be valid only during daylight hours in July, August and September of each year. No license shall be effective beyond Sep- tember 30th of each year. [Ord. 3032 § 4, 1995; Ord. 3015 § 3, 1995]. 4.90.090 Application for license. Each applicant for a license to operate a community oriented open air market shall file an application with the city clerk accompanied by the license fee provided for in ECC 4.90.070. The application shall be in writing and submitted on a form prepared by the city clerk and signed by the applicant. The applica- tion shall give the applicant's nonprofit orga- nization's business address and principal business location, a copy of documents indi- cating its charitable nonprofit status as well as the residence address and phone number of the applicant's agent. In addition to such other information as the city clerk shall require, the application shall be accompanied by: A. A plot plan showing the location of any outdoor facilities or activities. Adequate park- ing and ingress and egress shall be maintained during the course of this temporary special event. Adequate precautions shall be put in place to prevent vehicular access to pedestrian pathways within the confines of the activity. Applications to utilize a site or lot already occupied by an existing business shall show on 4.90.090 the plot plan the location of all parking required to be provided under the provisions of Chapter 17.50 ECDC for such business. B. A list of each and every vendor partici- pating or anticipated to participate in the mar- ket for which the license is sought shall be submitted to the city clerk. The listing shall include the vendor's name, address and busi- ness phone number together with a general description of goods and/or services offered by each vendor. Any changes in the list of vendors shall be provided to the city clerk in a minimum of three business days prior to the date of the proposed change (i.e., the first date at which the new vendor will participate in the market). C. Provisions for event management and garbage control shall be addressed in a man- agement plan. All tables, tents, booths, signs and other structures associated with the market shall be removed at the end of each day; pro- vided, however, that approved outdoor storage may be provided between the close of business Saturday night and the commencement of business on Sunday morning. Garbage recep- tacles shall be strategically located and have sufficient capacity to accommodate the ven- dors and estimated members of the public in attendance. In addition the area shall be kept clean of rubbish, garbage, junk, waste paper, plastic, styrofoam cups, sacks, food and other waste. The license holder shall be responsible to keep the area clean. The area to be kept clean shall include the area immediately sur- rounding sidewalks and public streets. D. Temporary signage announcing the event shall be approved on the site in the licensing process in accordance with the requirements of ECDC 20.60.080. E. The fire marshal shall designate appro- priate fire lanes through the licensed area on the plan. These fire lanes are intended for pedestrian use and shall be kept free of struc- tures, debris or other blockage. Failure to maintain appropriate fire lanes shall be cause for immediate revocation of the license. The police chief may, in his or her sole discretion, 4-71 (Revised 1/08) 4.90.100 require that security personnel be provided by the community oriented open air market dur- ing times and in a number designated by the police. [Ord. 3015 § 3, 1995]. 4.90.100 Records. The named licensee sponsor of the commu- nity oriented open air market shall maintain a record of all vendors participating in the event. Such record shall be available for inspection by the city clerk or a designated agent during nor- mal business hours of city offices (that is 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding legal holidays). [Ord. 3015 § 3, 1995]. 4.90.110 Administration. The license for a community oriented open air market may be revoked at the discretion of the mayor at any time for failure to comply with the provisions of this chapter or for viola- tion of any other provision of the city code. Notice of revocation shall be served personally 24 hours prior to the date such revocation shall be effective. The licensee may request a hear- ing before the Edmonds city council; provided, however, that in the interim no activity shall be conducted until such time as the Edmonds city council has heard the appeal of the licensee from the original determination of the mayor. [Ord. 3015 § 3, 1995]. 4.90.120 Violation of the provisions of the chapter — Civil infraction. Any person violating any of the require- ments of this chapter shall be guilty of a civil infraction and shall be punishable by a fine of up to $1,000. Each day of violation shall be a separate offense. [Ord. 3015 § 3, 1995]. (Revised 1/08) 4-72 Chapter 4.98 CONSTITUTIONALLY PROTECTED EVENTS Sections: 4.98.010 Definitions. 4.98.020 Permit required. 4.98.030 Grounds for denial of application. 4.98.040 Permit conditions — Appeal. 4.98.050 Revocation of permits. 4.98.060 Violation — Penalty. 4.98.070 Savings clause. 4.98.010 Definitions. A. "Constitutionally protected events" include any event, such as political or religious activity, intended primarily for the communi- cation or expression of ideas that is to be con- ducted on public property or on a public right- of-way; and, also, any such event held on pri- vate property which would have a direct sig- nificant impact on traffic congestion or traffic flow to and from the event over public streets or rights-of-way; or which would significantly impact public streets or rights-of-way near the event; or which would significantly impact the need for city -provided emergency services, such as police, fire or medical aid. B. "Use" shall mean to construct, erect, or maintain in, on, over or under any street, right- of-way, park or other public place any build- ing, structure, sign, equipment or scaffolding, to deface any public right-of-way by painting, spraying or writing on the surface thereof, or to otherwise occupy in such a manner as to obstruct the normal public use of any public street, right-of-way, park or other public place within the city, including a use related to spe- cial events. [Ord. 3661 § 1, 2007]. 4.98.020 Permit required. A. A permit from the city is required for any constitutionally protected events as defined in this chapter. Such permit shall be in Edmonds City Code lieu of any other city permit, including but not limited to parade, street use and park use per- mits as they may be required by ordinance. B. Contents of Application. The applicant must file the application in writing on a form supplied by the city to the license officer, set- ting forth: 1. Contact information of the applicant, including but not limited to name, telephone_ number and address; 2. The date, time, and expected duration of the event; 3. The probable number of participants; 4. The place or route of the event, including a map and written narrative of the proposed route; 5. A description of all public ways pro- posed to be blocked; 6. A description of the measures to be taken to protect participants and the general public from injury, including traffic control and crowd control, emergency medical ser- vices, fire and life safety services and emer- gency communication systems; 7. A description of the measures to be taken to ensure cleanup of any litter or damage resulting from the event; 8. The number and location of portable sanitation facilities, if any; 9. A certification that the applicant will be financially responsible for any cost to the city resulting from breach of any condition of the permit; 10. A certification that the applicant will not sponsor or encourage any commercial activity unrelated to First Amendment rights during the event; 11. A description of the types and num- ber of vehicles to be used in the special event; 12. Insurance and surety bond informa- tion, if any; 13. Any other additional information required to ensure public health, safety and welfare. C. A constitutionally protected event per- mit is not required for the following: 4.98.030 1. Parades, athletic events or other spe- cial events that occur exclusively on city prop- erty and are sponsored or conducted in full or in part by the city. 2. Funeral and wedding processions. 3. Groups required by law to be so assembled. 4. Gatherings of 30 or fewer people in a city park, unless merchandise or services are offered for sale or trade. 5. Other similar events and activities which do not directly affect or use city services of property. D. Any person desiring to obtain a constitu- tionally protected event permit shall apply for such a permit by filing an application with the city at least 60 days prior to the date on which the event is to occur. E. Waiver of Application Deadline. Upon a showing of good cause or at the discretion of the city, the city shall consider an application that is filed after the filing deadline if there is sufficient time to process and investigate the application and obtain police and other city services for the event. Good cause can be dem- onstrated by the applicant showing that the cir- cumstance that gave rise to the permit application did not reasonably allow the par- ticipants to file within the time prescribed. [Ord. 3661 § 1, 2007]. 4.98.030 Grounds for denial of application. A. The city may deny an application for a constitutionally protected event permit if: 1. The applicant provides information that is false, misleading, or nonexistent in any material detail; the applicant fails to complete the application or to supply other required information or documents; or the applicant declares or shows an unwillingness or inability to comply with the reasonable terms or condi- tions contained in the proposed permit; 2. The proposed event would conflict with another proximate event, interfere with construction or maintenance work in the 4-73 (Revised 1/08) M5.111IZ111 immediate vicinity, or unreasonably infringe upon the rights of abutting property; 3. The proposed event would unreason- ably disrupt the orderly or safe circulation of traffic as would present an unreasonable risk of injury or damage to the public; or 4. The proposed event would engage in, advocate, or encourage illegal activities that threaten and endanger public health, safety and welfare. B. In the event subsection (A)(2) or (3) of this section applies, the city shall offer the applicant the opportunity to submit an alterna- tive date or place for the proposed event before denying the application. [Ord. 3661 § 1, 2007]. 4.98.040 Permit conditions — Appeal. A. The city may condition the issuance of a constitutionally protected event permit by imposing reasonable requirements concerning the time, place and manner of the event, and such requirements as are necessary to protect the safety and rights of persons and property, and the control of traffic. The following condi- tions apply to all constitutionally protected event permits: 1. Alteration of the time, place and man- ner of the event proposed on the event applica- tion. 2. Conditions concerning the area of assembly and disbanding of an event occurring along a route. 3. Conditions concerning accommoda- tion of pedestrians or vehicular traffic, includ- ing restricting the event to only a portion of the street or right-of-way. 4. Conditions concerning cleanup and restoration of areas used for the permitted event upon conclusion. 5. Compliance with any other applicable federal, state or local law or regulation. B. The applicant shall have the right to appeal the denial of a permit or a permit condi- tion. A written notice of appeal shall be filed within three business days after receipt or per- sonal delivery of a notice of denial or permit (Revised 1/08) 4-74 conditions from the city. Receipt of notice of denial or permit conditions shall be presumed three days after the same is mailed with USPS postage prepaid and certified. The written notice of appeal shall set forth the specific grounds for the appeal and attach any relevant documents for consideration. The hearing examiner shall hear the appeal on the record provided from the designated city official and upon public comment given at the scheduled hearing before the examiner. The hearing shall be scheduled for the earliest possible hearing date after receipt of a timely and proper notice of appeal. The decision of the hearing exam- iner shall be final. [Ord. 3661 § 1, 2007]. 4.98.050 Revocation of permits. A. Any permit issued under this chapter may be summarily revoked by the city at any time when, by reason of disaster, public calam- ity, riot or other emergency or exigent circum- stances, the city determines the safety of the public or property requires such immediate revocation. The city, may also summarily revoke any permit issued pursuant to this chap- ter if the city finds that the permit has been issued based upon false information or when the permittee exceeds the scope of the permit or fails to comply with any condition of the permit. B. Notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or certified mail at the address specified by the permittee in the application. To the extent that written notice by personal service or certified mail is not likely to achieve timely actual notice, any other reasonable form of notification intended to achieve the same shall suffice. [Ord. 3661 § 1, 2007]. 4.98.060 Violation — Penalty. A. It shall be unlawful for any person to sponsor or conduct an event requiring a consti- tutionally protected event permit pursuant to this chapter unless a valid permit has been issued and remains in effect for the event. It is Edmonds City Code unlawful for any person to participate in such an event with the knowledge that the sponsor of the event has not been issued a required, valid permit or with knowledge that a once - valid permit has expired or been revoked. B. The constitutionally protected event per- mit authorizes the permittee/sponsor to con- duct only such an event as is described in the permit, and in accordance with the terms and conditions of the permit. It is unlawful for the permittee/sponsor to willfully violate the terms and conditions of the permit, or for any event participant with knowledge thereof to willfully violate the terms and conditions of the permit or to continue with the event if the permit is revoked or expired. C. Any person or organization violating the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a penalty of a fine of not more than $500.00 or by imprisonment of not more than 90 days, or both such fine and imprisonment. [Ord. 3661 § 1, 2007]. 4.98.070 Savings clause. If any section, sentence, clause, phrase, part or portion of this chapter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining por- tions of this chapter. [Ord. 3661 § 1, 2007]. 4-75 4.98.070 (Revised 1/08) Title 5 PUBLIC SAFETY AND MORALS Chapters: Page 5.01 Preliminary Article.................................................................................. 3 5.02 Advertising, Crimes Relating To............................................................. 5 5.04 Alcoholic Beverages................................................................................ 6 5.05 Animal Control........................................................................................ 7 5.08 Anticipatory Offenses......................................................................... 20.3 5.10 Boating Code .......................................... ................................. ---- 20.3 5.12 Children and Minors, Crimes Relating To ............................................. 23 5.14 Controlled Substances, Paraphernalia, Poisons, and Toxic Fumes ....... 24 5.15 Regulation of Sale of Tobacco Products ................................................ 25 5.20 False Alarms.......................................................................................... 27 5.21 Misuse of the 911 or Emergency Call System .................................... 28.1 5.22 Fire, Crimes Relating To....................................................................... 29 5.24 Firearms and Dangerous Weapons........................................................ 30 5.26 Repealed................................................................................................. 34 5.27 Fireworks............................................................................................... 34 5.28 Frauds, Swindles and False Representations ......................................... 37 5.30 Noise Abatement and Control... ............................................................. 38 5.32 Park Regulations.................................................................................... 44 5.34 Persons, Crimes Relating To................................................................. 50 5.36 Property, Crimes Relating To................................................................ 52 5.38 Offenses Against the Public Morals ...................................................... 53 5.40 Public Officers, Crimes Relating To........... ........................................... 56 5.42 Public Peace, Crimes Relating To ......................................................... 58 5.46 Miscellaneous Crimes............................................................................ 59 5.48 Violations Bureau - Bail Regulations ..................... ................... 60.1 5.50 Penalties and Court Costs...................................................................... 62 5.55 Emergency Response Cost Recovery ................................................... 64 5.60 Graffiti.................................................................................................. 65 5-1 (Revised 1/08) Edmonds City Code 1. Canidae, meaning and including any member of the dog family not customarily domesticated by man, or any hybrids thereof, but not including domestic dogs and wolf hybrids (cross between a wolf and a domestic dog). 2. Felidae, meaning and including any member of the cat family not customarily domesticated by man, or any hybrids thereof, but not including domestic cats. 3. Ursidae, meaning and including any member of the bear family, or any hybrids thereof. 4. Reptilia, meaning venomous and "devenomized" reptiles, including but not nec- essarily limited to all members of the follow- ing families: Helodermidae (gila monster), Viperidae (pit vipers), Crotalidae (rattle- snakes), Atractaspidae (mole vipers), Hydro- phiidae (sea snakes), and Elapidae (coral snakes and cobras). 5. Colubridae snakes which are rear fanged, including, but not necessarily limited to dispholidus typus (boomslangs), thebtornis kirtlandii (African twig or vine snake), and rhabdophis (keelbacks). 6. Colubridae snakes which reach a length of 10 feet and over, including but not necessarily limited to green anaconda, reticu- lated pythons, Burmese python, albino Indian python, and African rock python. 7. Crocodilia, meaning and including crocodiles, alligators and caimans. I. "Inhumane treatment" means every act or omission whereby unnecessary or unjustifi- able physical pain or suffering is caused or per- mitted. J. "Own" means owning, keeping, leasing, possessing or harboring any animal. "Owner" means any person having an interest or right of possession to an animal or any person having control, custody or possession of an animal or by reason of the animal being seen residing consistently at a location, shall be presumed to be the owner. 5.05.010 K. "Person" means any person, firm, cor- poration or association. L. "Pet" is a domestic animal owned and kept by an individual or family for enjoyment and pleasure rather than utility. The term "pet" includes all animals required to be licensed under the terms of this chapter when properly licensed. M. "Potentially dangerous dog" means any dog that when unprovoked: (1) inflicts bites on a human or a domestic animal either on public or private property; or (2) chases or approaches a person upon the streets, side- walks, or any public grounds in a menacing fashion or apparent attitude of attack, or any dog with a known propensity, tendency, or dis- position to attack unprovoked, to cause injury or otherwise to threaten the safety of humans or domestic animals. N. "Poultry" means domestic fowl nor- mally raised for eggs or meat and includes, but is not limited to, chickens, turkeys, ducks, geese, pheasants, quail, guinea fowl, pea fowl and other similar domesticated birds. Nothing herein shall be interpreted to conflict with or eliminate any state wildlife licensing require- ment with relation to the keeping of any type of fowl. Large fowl over three feet in height or 30 pounds as mature adults, such as emus or ostriches, shall be considered "covered ani- mals" and regulated as such. O. "Proper enclosure of a dangerous dog" means, while on the owner's property, a dan- gerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog. P. "Severe injury" means any physical injury that results in broken bones or disfigur- ing lacerations requiring multiple sutures or cosmetic surgery. 5-9 (Revised 1/08) 5.05.020 Q. "Vicious animal" means any animal other than a "dangerous dog" or "potentially dangerous dog" that endangers the safety of any person or domestic animal by biting or attacking without provocation. R. "Wild animal" means any animal living in its natural state and native to the United States and not normally domesticated, raised or bred by humans. [Ord. 3655 § 1, 2007; Ord. 3634 § 1, 2007; Ord. 3451 § 1, 2003]. 5.05.020 Dog licensing. A. License Required. It is unlawful for any person to own any dog over the age of three months within the city unless the owner has first procured a license required by this chap- ter. B. Dogs Excluded from License Require- ments. The licensing provisions of this section shall not apply to the following dogs: 1. Dogs whose owners are nonresidents temporarily within the city; 2. Dogs brought into the city for the pur- pose of participating in any dog show; 3. Seeing -eye guide and service dogs properly trained to assist blind or impaired per- sons, when such dogs are actually being used by a blind or impaired person, for the purpose of aiding them from place to place. Blind or impaired persons include but are not necessar- ily limited to persons who are blind, deaf, have limited mobility, or have psychological impairment; or 4. Dogs whose owner maintains them for the sole purpose of commercial breeding and/or training, hunting, or boarding, so long as the dogs are restricted within a building or fenced enclosure intended and designed only for the purpose of kenneling dogs and are not permitted to run at large. C. License Tags Issued and Fees. The police department, or such other person, firm or entity authorized by the city council, shall issue a dog license upon the payment of a fee as provided for by this subsection. Upon issu- (Revised 1/08) 5-10 ance of a license, a metal tag corresponding to the number of the application shall be fur- nished to the applicant. 1. The applicant shall cause the same to be attached to the dog. Tags shall not be trans- ferable from one dog to another. 2. The following fees shall be paid for licenses required under this chapter: a. For spayed females or neutered males with a veterinarian certificate or signed affidavit: an annual license fee of $5.00; pro- vided, that a $3.00 fee shall be charged to per- sons over the age of 65; b. For dogs less than six months but over three months of age, temporary tags issued: a license fee of $5.00. Persons over the age of 65 shall receive a rebate of $2.00 at the time of relicensing, upon certification by a vet- erinarian that the dog has been spayed or neu- tered; c. Unspayed females and unneutered males over six months of age: $18.00; d. Replacement of metal tag: $1.00. 3. An owner of an animal previously licensed for which a "permanent" license has been issued under the provisions of this section as the same existed prior to December 16, 1986, shall not be required to relicense or renew said license for such animal. D. License Issuance — Nonresidents. Licenses shall be issued to nonresidents of the city of Edmonds who reside in proximity to the city and who desire to purchase an annual license for their dog for identification pur- poses. The annual fee shall be $10.00 per year per dog. Upon payment of said fee, a tag shall be issued which shall be consistent with the tags issued annually by the city of Edmonds for dogs required to be licensed under this chapter. The dogs permitted to be licensed by this section shall not be eligible for temporary licenses. Nothing in this chapter shall require the obtaining of such license nor shall failure to obtain such a license as provided by this sec- tion subject any dog owner to the penalties provided for in this section; provided further, Edmonds City Code that nothing in this section shall be construed to relieve or otherwise excuse the owner of any dog from complying with all applicable rules and regulations imposed by any county, city or town having jurisdiction over the residence where the dog is harbored or maintained. E. Fee Due Dates — Penalty. 1. All license fees shall be due and pay- able on or before the first business day of Jan- uary in each year. If the license fees are not paid on or before March 1st of each year, the 5-10.1 5.05.020 (Revised 1/08) This page left intentionally blank. (Revised 1/08) 5-10.2 Edmonds City Code Chapter 5.60 GRAFFITI Sections: 5.60.010 Declaration of policy — Findings 5.60.020 Definitions. 5.60.030 Prohibited acts. 5.60.040 Declaration of public nuisance. 5.60.050 Notice of graffiti nuisance. 5.60.060 Appeal, abatement and cost recovery proceedings. 5.60.070 Trust fund. 5.60.080 Remedies not exclusive. 5.60.090 Severability. 5.60.010 Declaration of policy — Findings. The city council finds that graffiti on public and private buildings, structures, and on per- sonal property, including motor vehicles, cre- ates a condition of blight within the city that can result in the deterioration of property val- ues, business opportunities, and enjoyment of life for persons using adjacent and surrounding properties. The city council further finds that the presence of graffiti is inconsistent with the city's goals of maintaining property, prevent- ing crime, and preserving aesthetic standards. Accordingly, it is the purpose of this chapter to promote the health, safety and welfare of the general public. No provision of this chapter and no action taken pursuant hereto is intended to impose any duty whatsoever upon the city or any of its officers or employees. Further, noth- ing contained herein is intended or shall be construed as forming the basis of any liability on the part of the city, its officers, employees or agents for any injury or damage resulting from any action or inaction on the part of the city, its officers, employees or agents. [Ord. 3677 § 1, 20081. 5.60.020 Definitions. A. "Abate" or "abatement" means the removal, painting over, or the obscuring of graffiti from view. 5.60.030 B. "Graffiti" means any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any sur- face of public or private property by any graf- fiti implement, to the extent that the graffiti was not authorized in advance by the owner or occupant of the property, or, despite advance authorization, is otherwise recognized and deemed a public nuisance pursuant to RCW 7.48.120 and 7.48.130. C. "Graffiti implement means an aerosol paint container, broad -tipped marker, gum label, paint stick or graffiti stick, etching equipment, brush or any other recognized, similar and comparable device capable of scar- ring or leaving a visible unauthorized inscrip- tion, word, figure, painting, mark or other defacement on any natural or manmade sur- face. A "broad -tipped" marker is any form of ink pen with a tip exceeding one-quarter inch in width. [Ord. 3677 § 1, 2008]. 5.60.030 Prohibited acts. A. Defacement. It shall be unlawful for any person to apply graffiti to any natural or man- made surface on any city -owned property or, without the permission of the owner or occu- pant, on any non -city -owned property. B. Possession of Graffiti Implements. It shall be unlawful for any person to possess any graffiti implement, with intent to damage property or under circumstances evincing an intent to use the same in order to damage prop- erty, while in or upon any public facility, park, playground, swimming pool, school property, recreational facility, or other public building or structure owned or operated by the city or while in or near an underpass, bridge abut- ment, storm drain, or similar types of infra- structure unless otherwise authorized by the city. C. Penalties. Any person violating any pro- visions of this section shall be deemed guilty of a gross misdemeanor and upon conviction 5-65 (Revised 1/08) 5.60.040 thereof shall be punished as provided in Chap- ter 5.50 ECC. In the case of a minor, the parent or guardian having custody of the juvenile shall be jointly and severally liable with the minor for the payment of all fines and/or resti- tution imposed as the result of a violation of this section, except that liability shall not be imposed upon any governmental entity, pri- vate agency, or foster parent assigned respon- sibility for an unemancipated minor pursuant to court order or the Department of Social and Health Services. [Ord. 3677 § 1, 2008]. 5.60.040 Declaration of public nuisance. Graffiti is determined to be detrimental to the public health, safety and welfare and is a public nuisance. It is a visual symbol of disor- der that demoralizes and erodes feelings of safety in out neighborhoods. It contributes to neighborhood decline by inviting crime and leading to a climate of intimidation in our neighborhoods. Furthermore, it lowers prop- erty value, commerce, community pride and tax revenues. Prompt removal of graffiti from public and private property is in the public interest. [Ord. 3677 § 1, 2008]. 5.60.050 Notice of graffiti nuisance. A. When the city becomes aware of a prop- erty within the city with graffiti visible from a public or quasi -public place, the city shall identify the party(ies) responsible for the prop- erty and send the party an informational letter describing the nature and location of the graf- fiti and requesting that the graffiti be removed promptly. The letter shall explain the problems caused by the continued presence of graffiti, the need for its prompt removal at the respon- sible party's expense, describe the resources available to aid in graffiti removal, and give notice that failure to remove graffiti is a viola- tion of city code that may lead to legal action to remove the graffiti at the expense of the party and may subject the party to civil penal- ties. The letter may also identify any graffiti (Revised 1/08) 5-66 removal assistance programs available through the city, or any private graffiti removal contractors. B. If the graffiti is not removed within a reasonable period, as determined by the devel- opment services director, after the information letter has been sent, the city shall issue an order to correct pursuant to the city's civil violation and enforcement procedures set forth in Chap- ter 20.110 ECDC to the property owner and the occupant of the property, if different; or in the alternative, the building owners associa- tion or management company if there are mul- tiple owners and/or occupants. C. The city shall issue a notice of civil vio- lation pursuant to the city's civil violation and enforcement procedures set forth in Chapter 20.110 ECDC to property owners or building owners association that fail to comply with the terms of the order to correct. The city through the development services director shall assess civil penalties at the rate of $250.00 per day per violation. Each and every day or portion thereof during which any violation is commit- ted, continued, permitted or not corrected shall be a violation for purposes of this chapter. The development services director shall have the discretion to reduce the assessed daily civil penalty to not less than $25.00 per day upon a showing of good cause and need consisting of the following factors: frequency of offense, cooperation with the city in efforts to abate the graffiti, progress in abating the graffiti, and other relevant factors. D. The development services director shall have the discretion to grant additional days to abate the graffiti upon a showing of good cause and need consisting of the following factors: frequency of offense, cooperation with the city in efforts to abate the graffiti, progress in abat- ing the graffiti, and other relevant factors. [Ord. 3677 § 1, 2008]. Edmonds City Code 5.60.060 Appeal,'abatement and cost recovery proceedings. A. A party to whom the notice of violation is issued may appeal the same as set forth in ECDC 20.110.040(0). Written notice request- ing an appeal hearing before the hearing exam- iner shall be directed to the development services director, and shall include the name of the party requesting the appeal, the address of the graffiti nuisance property, a statement indi- cating standing to appeal, and a concise state- ment as to reasons why the graffiti on the property does not constitute a public nuisance. B. Notice of Appeal Hearing. Upon a timely written request for an appeal, the city shall provide the appellant, notice of the appeal hearing before the hearing examiner at least five business days in advance of the same. Notice shall be deemed served three business days after the same is mailed to the parties by certified U.S. mail. C. Determination of Hearing Examiner. The determination of the hearing examiner after the due process hearing shall be final, and there shall be no further administrative appeal. If, after the due process hearing, the hearing examiner determines that the property contains graffiti viewable from a public or quasi -public place, the hearing examiner shall declare the same a nuisance and order the party to whom the notice of violation is issued to abate it. D. The hearing examiner shall issue a deci- sion and order, if necessary, containing the fol- lowing: findings of fact; conclusions in support of the decision and order; type and method of abatement action required; the date by which said abatement must be completed; and civil penalties to be assessed by the city should appellant fail to abate the graffiti by the date established in the decision and order. Civil penalties shall range from $25.00 to $250.00 based on appellant's appearance at the hearing, frequency of offense, cooperation with the city in efforts to abate the graffiti, progress in abating the graffiti, and other rele- vant factors. Each and every day or portion 5.60.070 thereof during which any violation is commit- ted, continued, permitted or not corrected shall be a violation for purposes of this chapter. E. Abatement. The city may, pursuant to Chapter 7.48 RCW, obtain a warrant of abate- ment to enter upon the property, cause the removal, painting over (in such color as shall meet with the approval of the court), or such other eradication thereof as the court deter- mines appropriate, and shall provide the prop- erty owner, or building owners association, thereafter with an accounting of the costs of the eradication effort on a full -cost -recovery basis including reasonable legal fees and costs. [Ord. 3677 § 1, 2008]. 5.60.070 Trust fund. A. The city council hereby creates the city of Edmonds anti -graffiti trust fund. Penalties assessed against violators of this chapter shall be placed in the fund, along with any monetary donations received from persons wishing to contribute to the fund. The city council shall direct the expenditures of monies in the fund. Such expenditures shall be limited to the pay- ment of the cost of graffiti removal from public property, the payment of the cost of graffiti removal from private property pursuant to sub- section (B) of this section, the payment of rewards for information leading to the convic- tion of violation of this chapter, the costs of administering this chapter, and such other pub- lic purposes as may be approved by the council by resolution. B. The trust fund may be expended by the city to abate graffiti from private property without engaging in cost recovery proceedings only upon approval by the council following a recommendation of the hearing examiner upon his or her finding that one of the following conditions is met: (1) abating graffiti from the private property in question accomplishes a fundamental government purpose; (2) abating graffiti from the private property in question serves the public interest and there is no dona- tive intent; or (3) abating graffiti from the pri- 5-67 (Revised 1/08) 5.60.080 vate property in question will assist the poor and infirm. Recommendation from the hearing examiner shall be submitted to the council for consideration and decision. Approval shall be by resolution. [Ord. 3677 § 1, 2008]. 5.60.080 Remedies not exclusive. The remedies for violation of this chapter that are set forth in this chapter are not exclu- sive. [Ord. 3677 § 1, 2008]. 5.60.090 Severability. If any provision of this chapter or its appli- cation to any person or circumstance is held invalid, the remainder of this chapter or the application of the provision to other persons or circumstances is not affected. [Ord. 3677 § 1, 2008]. (Revised 1/08) 5-68 Edmonds City Code connection, which, in the opinion of the direc- tor of public works or his designee, will endan- ger the water quality of the potable water supply of the city of Edmonds, is unlawful. [Ord. 1711 § 1, 1974]. 7.20.030 Backflow prevention devices to be installed. Backflow prevention devices, when required to be installed in the opinion of the director of public works or his designated rep- resentative, shall be installed and maintained by the service customer on any service connec- tion to the city of Edmonds water supply sys- tem where the backflow prevention devices are necessary for the protection of the city of Edmonds' water supply. [Ord. 1711 § 1, 1974]. 7.20.040 Private water supply systems. Use or operation of a private water supply system, contrary to the provisions of the ordi- nances of the city of Edmonds, or the laws of the state of Washington or the rules and regu- lations of the State Board of Health regarding public water supplies where the private system is served by the city public water supply is unlawful. [Ord. 1711 § 1, 1974]. 7.20.050 Adoption of state regulations. The community services director or his/her designee is hereby authorized to develop rules and regulations based upon and including the requirements of the rules and regulations of the State Board of Health regarding public water supplies and the protection of such supplies from contamination entitled "Cross -Connec- tion Control Regulations in Washington State," the provisions of WAC 246-290-490, and the American Waterworks Association, Pacific Northwest Second Edition of "Accepted Pro- cedure and Practice in Cross -Connection Man- ual." The provisions of the Washington Administrative Code, the rules and regulations of the Department of Health set forth in the Cross -Connection Control Regulations in 7.20.060 Washington State and the previously refer- enced Accepted Procedure and Practice in Cross -Connection Manual are hereby adopted by this reference as fully as if herein set forth in full. Any additional rules and procedures necessary to implement such regulations shall be developed by the community services direc- tor or his/her designee as appropriate. Such rules and regulations shall be kept on file along with copies of the above referenced regulations and manuals in the office of the city engineer of the city of Edmonds. [Ord. 2956 § 1, 1993; Ord. 1711 § 1, 1974]. 7.20.060 Abatement of unlawful cross - connections and installation of backflow prevention devices — Procedures. Cross -connections declared in this chapter to be unlawful whether presently existing or hereinafter installed and/or services requiring backflow prevention devices and/or unlawful use or operation of a private water supply sys- tem served by the city public water supply are public nuisances and, in addition to any other provisions of this code or the ordinances of the city of Edmonds on abatement of public nui- sances, shall be subject to abatement in accor- dance with the following procedure: A. In the event that the director of public works or his designee determines that a nui- sance as herein provided does exist, written notice shall be sent to the person in whose name the water service is established under the records of the city of Edmonds water division, or alternatively, a copy of such written notice shall be posted on the premises served. B. The notice shall provide that the nui- sance described herein shall be corrected within 30 days of the date the notice is mailed or posted on the premises. C. In the event the nuisance is not abated within the prescribed time, water service to the premises shall be discontinued. D. In the event that the nuisance, in the opinion of the director of public works or his 7-9 (Revised 1/08) 7.20.070 designated representative, presents an immedi- ate danger of contamination to the public water supply, service from the city water supply sys- tem to the premises may be terminated without prior notice; provided, however, notice will be posted on the premises in the manner hereto- fore provided at the time the service is termi- nated. [Ord. 1711 § 1, 1974]. 7.20.070 Penalties. In addition to the remedies set forth herein, any person found guilty of violating any of the provisions of this chapter shall be subject to the penalties as set forth in ECC 5.50.020. [Ord. 1711 § 1, 1974]. (Revised 1/08) 7-10 Chapter 7.30 WATER RATES AND SEWER CHARGES Sections: 7.30.010 Definitions. 7.30.020 Separate single-family residence meters. 7.30.030 Water rates — Meter installation charges. 7.30.035 Water and sewer utility connection charges. 7.30.036 Sewer special connection districts. 7.30.040 Utility charges — Sanitary sewer. 7.30.045 Special connection charge. 7.30.050 Unauthorized use of water. 7.30.060 Severability. 7.30.070 Water, sewer and stormwater rate reductions for low income citizens. 7.30.080 Reserved. 7.30.090 Penalties. 7.30.010 Definitions. A. "Dwelling unit' means a building or portion thereof providing complete house- keeping facilities for one family. B. "Single-family residence" means a detached building containing one dwelling unit only. C. "Duplex" means a building, occupying a lot, containing two dwelling units. D. "Apartment houses" and other "multiple units" (except hotels, tourist courts, trailer parks, and motels) means a building or build- ings used for and containing three or more dwelling units occupied on a weekly or monthly basis. Units rented on a weekly or monthly basis shall not be deemed to be tourist courts or motels. E. "Hotels" means any place with individ- ual rooms rented on a daily or weekly basis. F. "Tourist courts" and "motels" means detached multiple units, occupied and paid for on a daily basis. G. "Office buildings" includes all types of professional and business offices, including Edmonds City Code but not limited to architects, engineers, law- yers, doctors, dentists, real estate offices, etc. H. "Commercial" and "retail buildings" mean all types of retail and commercial busi- ness establishments other than office buildings and other than industrial or manufacturing, and each such business shall be considered as a sep- arate unit even though two or more may be in the same building. I. In the event there is more than one type of operation in the same building, i.e., a profes- sional office, a retail store, a restaurant, or an apartment, then in that case each separate cat- egory or type shall pay at the rate fixed under that particular category or type. J. "Equivalent residential unit" or "ERU" means a sewer connection charge based upon the winter standard water consumption of a single-family residence of 7.07 per 100 cubic feet of water. [Ord. 3339 § 1, 2000; Ord. 786 § 1, 1959]. 7.30.020 Separate single-family residence meters. Each single-family residence building or structure served by water shall be provided with its own separate water meter. Prior to the time when such additional separate meters can be installed, water rates shall be applicable on the same basis as if the separate meters were actually installed. [Ord. 1449, 1969]. 7.30.030 Water rates - Meter installation charges. A. The bimonthly rates of water supplied through meters shall be fixed at the following levels: Effective Dates Existing 1/1/07 1/1/08 1. Single-family residence (per unit) $15.63 $16.10 $16.58 2. Duplex, apartment houses, condominiums and other multi -unit residences (per unit) $13.76 $14.17 $14.60 7.30.030 3. All other customers: Existing 1/1/2007 1/1/2008 3/4" $18.90 $19.47 $20.05 1" $38.48 $39.63 $40.82 1.5" $71.16 $73.29 $75.49 2" $108.48 $111.73 $115.09 3" $234.02 $241.04 $248.27 4" $331.49 $341.43 $351.68 6" $657.13 $676.84 $697.15 B. Variable Rate. In addition to the base rate set forth above, the customer shall be charged the following rate per 100 cubic feet of water consumed: Existing 1/1/07 1/1/08 $1.62 $1.67 $1.72 All water rate charges on water utility bills mailed between January 1, 2007, and Decem- ber 31, 2007, shall be based on rates as reflected in this section corresponding with said time period. Thereafter, all water rate charges on water utility bills mailed on or after January 1, 2008, shall be based on rates as reflected in this section corresponding with said time period until a new ordinance is adopted amending the same. C. Meter Installation Charges. 1. New service line and meter installa- tion charges are fixed as follows: a. 3/4" $550.00 b. 1" $800.00 2. The actual cost of street restoration (with regard to all surface streets) shall be added to any meter installation charge, if appli- cable. 3. When approved by the city engineer, new service lines installed by a developer on a plat shall be credited as follows: a. 3/4" $175.00 b. 1" $200.00 D. All rates set forth in this section shall be exclusive of any applicable taxes. 7-11 (Revised 1/08) 7.30.035 E. Repealed by Ord. 3618. [Ord. 3618 § 2, 2006; Ord. 3616 §§ 1— 3, 2006; Ord. 3400 § 1, 2002; Ord. 3339 § 2,2000; Ord. 2974 §§ 1 and 2, 1994; Ord. 2898 § 1, 1992; Ord. 2880 § 1, 1992; Ord. 2657 § 1, 1988; Ord. 2361 § 1, 1983; Ord. 2339 § 2, 1982; Ord. 2305 § 2, 1982; Ord. 2255 § 1, 1981; Ord. 2211 § 1, 1981; Ord. 2197 § 1, 1981; Ord. 2139, 1980; Ord. 1963 § 1, 1977; Ord. 1898 § 1, 1977; Ord. 1709 § 1, 1974; Ord. 1457 § 1, 1970; Ord. 1385 § 2, 1968; Ord. 1263 § 1, 1967; Ord. 901, 1961; Ord. 786 § 2, 1959]. 7.30.035 Water and sewer utility connection charges. A connection charge shall be paid by each new customer connecting to the city's water or sewer system in accordance with the following requirements: A. Sewer System. The sanitary sewer con- nection charge shall be equivalent to $730.00 per ERU added as a result of the connection of the development. A multifamily residential unit shall be con- sidered equivalent to 0.67 of an ERU and the development services director shall estimate the average winter water consumption for con- nections of buildings, structures or uses other than residences and prorate the connection rate according to the equivalent number of ERUs such building, structure or use represents and establish an appropriate connection charge. B. Water Connection Charge. The connec- tion charge shall be based upon the size of the meter installed: Meter Size Flow Proposed (inches): Factor Charge 5/8 & 3/4" 1 $908 1" 2.5 $2,270 1.5" 5 $4,540 2" 8 $7,264 3" 16 $14,528 4" 25 $22,700 6" 50 $45,400 8" 80 $72,640 (Revised 1/08) 7-12 C. No water connection charge shall be lev- ied for connections to water mains installed pursuant to Local Improvement District Nos. 115, 146 and 152 by properties which partici- pated in the establishment of said local improvement districts. [Ord. 3339 § 3, 2000]. 7.30.036 Sewer special connection districts. A. A connection charge shall be paid by each new customer connecting to the city's sewer system within the following described district(s). This special connection charge is based upon the actual cost of constructing improvements which relate directly and exclu- sively to homes within the district(s) and which are, because of the special nature of the construction, separate and distinct from the overall costs of the system paid by a customer pursuant to ECC 7.30.035. These charges shall be in addition to the charges paid by a new cus- tomer pursuant to ECC 7.30.035 and do not duplicate any costs contained in the underlying sewer utility connection charge. B. 88th Avenue West Sewer Special Con- nection District. 1. Properties addressed as 21903, 21904, and 21911 88th Avenue West shown on Exhibit A attached to the ordinance codi- fied in this section maintained on file in the city clerk's office and any subdivision, lot line adjustment or reconfiguration of the lots or the property represented by such addresses shall pay a special connection fee, to be paid in full at the time of connection to the sewer system, of $2,941.39 per lot. 2. Due to the significant additional sewer system construction that will be required at the property owners' expense to connect these properties to the sewer system after completion of the sewer project by the city, these properties may defer connection and shall not be required to connect to the sewer system within the time limit require- ments of ECDC 18.10.010 and ECC 7.30.040. 3. The owner of any of these properties that does not connect to the sewer system Edmonds City Code within the time limits in accordance with ECDC 18.10.010 shall, upon connection to the sewer system, pay the above established spe- cial connection fee, increased based upon the Department of Labor Bureau of Labor Statis- tics Consumer Price Index for construction for the Seattle -Bellevue -Everett area from the effective date of the ordinance codified in this section to the time of connection to the sewer system. [Ord. 3657 § 1, 20071. 7.30.040 Utility charges — Sanitary sewer. The utility charges for sanitary sewer service set forth in this section shall be added to and made a part of the bimonthly or monthly rates for water supplied through the meters as set forth in ECC 7.30.030: A. The following rates shall be charged on all billings after the effective date shown with respect to the following customers and/or ser- vice: Effective Dates Connected Unconnected 1. Single-family residences (bimonthly) 1/1/2004 $51.80 $8.35 1/1/2006 $50.64 $8.16 2. Duplexes, apartment houses, condominiums and other multi -unit residences (bimonthly) 1/1/2004 $41.62/unit $8.35/unit 1/1/2006 $40.69/unit $8.16/unit 3. Duplexes, apartment houses, condominiums and other multi -unit residences (monthly) 1/1/2004 $20.81/unit $4.18/unit 1/1/2006 $20.34/unit $4.09/unit 4. All other customers (monthly) Fixed Rate: 1/1/2004 $2.95 N/A 1/1/2006 $2.88 N/A Volume Charge: 1/1/2004 $3.34/ccf* N/A 1/1/2006 $3.26/ccf* N/A *Per 100 cubic feet of metered water consumption. 7.30.045 B. For customers who are not served by city waterlines but who are connected to city sew- ers, the charges shall be the same as set forth in subsection A of this section and its subpara- graphs. C. These rates do not apply to industries or manufacturing concerns which have industrial wastes. These, together with other activities not covered in this chapter, shall be dealt with on a special basis and have special rates set for the particular business by the water/utility administrative staff, subject to review and approval by the city council. D. All property owners within an area served by a sanitary sewer system in the city of Edmonds are hereby directed and compelled to connect their private drains and. sewers to the city system. Failure to do so within 30 days of written notice to connect by the city shall sub- ject the property owner to a monthly penalty equal to that charge imposed by subsections A, B, and/or C above. Said penalty shall be billed to the property owner, and they shall be subject to payment, collection and enforcement in all respects as though they were utility customers of the city. All penalties collected shall be con- sidered revenues of the sewer utility system. [Ord. 3570 § 2, 2005; Ord. 3400 § 2, 2002; Ord. 3339 § 4,2000; Ord. 3195 § 1, 1998; Ord. 2823, 1991; Ord. 2657 § 2, 1988; Ord. 2551, 1986; Ord. 2361 § 2, 1983; Ord. 2255 § 2, 1981; Ord. 2197 § 2, 1981; Ord. 2181 § 1, 1980; Ord. 2147, 1980; Ord. 2139, 1980; Ord. 1898 § 2, 1977; Ord. 1465, 1970; Ord. 1458 § 1, 1970; Ord. 1264 § 1, 1967; Ord. 1051, 1964; Ord. 786 § 3, 1959]. 7.30.045 Special connection charge. In addition to any other charges prescribed by this chapter, a special connection charge shall be paid by the owner of any property, res- idential dwelling unit, or other structure that may hereafter connect to the sanitary sewer improvements constructed by any local improvement district formed by the city and for which no assessment was imposed or 7-12.1 (Revised 1/08) 7.30.050 charged under the said LID. The special con- nection charge for each property, residential dwelling unit, or other structure so connected shall be equal to the amount of the assessment that would have been levied against such prop- erty, residential dwelling unit, or structure under the final assessment roll of the appropri- ate LID if the said property, residential dwell- ing unit, or other structure had been so assessed, together with interest thereon at the rate established by the ordinance authorizing issuance of the bonds for said LID, from the time of such authorization until the time of connection. The special connection charge shall be paid in a lump sum prior to connection to the sanitary sewer. The special connection charge provided for in this section shall apply only where the debt used to finance the local improvements has not yet been fully retired through assessment payments. If such debt has been fully retired through payment of such assessments, the special connection charge shall not apply. [Ord. 3332 § 1, 2000]. 7.30.050 Unauthorized use of water. It is unlawful for any person, firm, corpora- tion, or other organization of any type whatso- ever to take, or allow to be taken, water from the Edmonds water system without a valid per - (Revised 1/08) 7-12.2 Edmonds City Code F. Helmets Required. Any person operating a motorized foot scooter or riding as a passen- ger on a motorized foot scooter upon any pub- lic area in the city shall wear an approved helmet designed for safety that meets or exceeds the requirements of standard Z-90.4 set by the American National Standards Insti- tute (ANSI) or the Snell Foundation, or a sub- sequent nationally recognized standard for helmet performance as the city may adopt. The helmet shall be worn over the head and equipped with either a neck- or chin -strap that shall be fastened securely while the motorized foot scooter is in motion. Nothing herein shall be interpreted to permit a passenger other than the operator (see subsection M of this section). G. Lights Required. No motorized foot scooter shall be operated in use during the hours of darkness as defined in RCW 46.37.020. H. Noise Restriction. Operation of motor- ized foot scooters is subject to the provisions of ECC 5.30.130, Public disturbance noises. I. Peace Disturbance. No person shall oper- ate a motorized foot scooter in or around school property while school is in session so as to disturb the peace. J. Public Access. No person shall operate a motorized foot scooter in places of public access, such as malls, parking lots or other places where the public has a right of access as an invitee. K. Parental Negligence. No parent or guardian of a child or ward under the age of 16 shall through negligence or inattention permit such child to operate a motorized foot scooter in violation of the provisions of this section. L. Parental Responsibility. No parent or guardian of any child or ward under the age of 16 shall knowingly permit such child to oper- ate a motorized foot scooter in violation of the provisions of this section. M. One Rider. No person shall operate a motorized foot scooter with any passenger other than the operator. 8.36.030 N. Muffler. Every motorized foot scooter operator shall ensure that the motorized foot scooter is at all times equipped with a muffler in good working order so as to prevent exces- sive or unusual noise. Use of any cutout, bypass or similar muffler elimination device is prohibited. O. Cruising Prohibited. Cruising is the repeated passage of a motorized foot scooter on or across a portion of a street or way open to the public. No person shall operate a motor- ized foot scooter nor permit a motorized foot scooter under his control to be operated on any block or 100 -yard segment of a city street or right-of-way more than one time in the same direction in any one-hour period. [Ord. 3521 § 1, 2004]. 8.36.020 Seizure and forfeiture. Whenever a law enforcement officer has probable cause to believe that a motorized foot scooter was used or is intended to be used in violation of this chapter, such conveyance shall be subject to seizure and forfeiture. In the event of seizure pursuant to this section, pro- ceedings for forfeiture shall be deemed com- menced by the seizure and shall be conducted as outlined in Chapter 69.50 RCW. [Ord. 3521 § 1, 20041. 8.36.030 Penalty. A violation of this chapter is a traffic infrac- tion and shall be processed and administered according to the procedures set forth in Chap- ter 46.63 RCW. The penalty for any infraction established under this chapter shall be as fol- lows: First offense: $30.00 Second offense: $60.00 Third and subsequent offenses: $100.00 The court may confiscate and order forfei- ture of the offender's motorized foot scooter. The court may defer for one year a finding that the infraction has been committed on con- dition that the defendant attend a class regard - 8 -13 (Revised 1/08) 8.36.030 ing the applicable laws, rules of the road and safety issues for motorized foot scooters. The class will be provided and scheduled by the Edmonds police department. If the defendant successfully completes the class and has no further violations of this chapter for one year, no fine will be imposed. [Ord. 3521 § 1, 2004]. (Revised 1/08) 8-14 Chapter 8.48 PARKING Sections: 8.48.110 Application. 8.48.120 Regulations not exclusive. 8.48.125 Parking within 30 feet of private driveway prohibited. 8.48.130 Parking prohibited at all times on certain streets. 8.48.135 Angle parking required — Designation of affected streets. 8.48.137 Other than angle parking prohibited. 8.48.140 Parking prohibited during certain hours on certain streets. 8.48.145 Stopping, standing or parking prohibited during certain hours on certain streets. 8.48.150 Stopping, standing or parking prohibited during certain hours on certain streets. 8.48.155 Parking time limited on certain streets for certain time periods. 8.48.160 Parking time limited on certain streets. 8.48.161 Parking time limited for short-term parking for specific on -street parking stalls. 8.48.162 Moving vehicle to avoid limit. 8.48.165 Removal of chalk marks prohibited. 8.48.166 Motorcycle parking only. 8.48.167 Parking within spaces required. 8.48.168 Parking of unlicensed vehicle. 8.48.169 Parking for disabled persons. 8.48.170 Parking signs or other notice required. 8.48.175 Restriction of parking time on certain public property. 8.48.180 Overnight parking prohibited in residential areas. 8.48.190 Stopping, standing or parking prohibited along certain roadways. 8.48.200 Parking — Notice of violation. Edmonds City Code fied in ECC 8.64.068. Official city of Edmonds vehicles and service vehicles will be exempt from this time restriction. [Ord. 3564 § 1, 20051. 8.48.162 Moving vehicle to avoid limit. No person shall move and repark a vehicle on either side of a street within the same block in order to avoid a parking time limit. A viola- tion of this section constitutes a parking infrac- tion subject to the penalties and processes of this chapter. [Ord. 3564 § 1, 2005]. 8.48.165 Removal of chalk marks prohibited. It is unlawful for any person to alter or remove a chalk mark placed upon a vehicle tire by a parking enforcement officer to monitor and enforce the parking time limits set forth in this chapter when the alteration or removal is intended to extend the period of parking time authorized. [Ord. 3564 § 1, 2005]. 8.48.166 Motorcycle parking only. The public works director is authorized to designate certain areas of any street, road or portion thereof for motorcycle parking exclu- sively. When signs are erected on any street or road or portion thereof giving notice of park- ing exclusively for motorcycles, no person shall stop, stand or park any other type of vehi- cle thereon. [Ord. 3667 § 1, 2007]. 8.48.167 Parking within spaces required. No person shall park a vehicle such that it occupies more than one marked parking space within the limited parking areas set forth in ECC 8.48.160. [Ord. 3564 § 1, 2005]. 8.48.168 Parking of unlicensed vehicle. A. No person shall stop, stand or park a vehicle on a publicly maintained street, high- way, alley or public property within the city limits of Edmonds unless such vehicle pos- sesses a proper and current vehicle license plate or plates, and such plate or plates are 8.48.169 properly mounted on the vehicle in accordance with the State of Washington Department of Licensing rules and regulations. B. Penalty. Any violation of this section shall be an infraction and punishable by a mon- etary penalty as provided under ECC 8.48.215. [Ord. 3564 § 1, 2005]. 8.48.169 Parking for disabled persons. A. A person who has received a current and valid special disabled person's card, decal or license plate from the Washington State Department of Licensing under RCW 46.16.381 shall be allowed to park a vehicle being used to transport such person in parking meter spaces free of charge and in nonmetered spaces for unlimited periods of time in parking zones or areas which are otherwise restricted as to the length of time parking is permitted except as otherwise provided in subsection (B) of this section. This section shall have no application to those zones or areas in which the stopping, parking or standing of all vehicles is prohibited or which are reserved for special types of vehicles. Such person shall not be per- mitted the foregoing privilege unless the per- son obtains and displays a distinguishing card, decal, or license plate issued pursuant to RCW 46.16.381. B. No person shall stop, stand or park a vehicle in a parking space reserved for dis- abled persons provided on -street or on private property without charge without obtaining and displaying a special license plate, card, or decal issued pursuant to RCW 46.16.381; pro- vided, pursuant to RCW 46.16.381 a time lim- itation of four hours is imposed on the use of such parking spaces for on -street parking when so signed and a time restriction of four hours is imposed on the use of nonreserved, on -street parking spaces by vehicles display- ing the special parking placards when such time restriction is clearly posted. C. A parking space or stall for a disabled person shall be identified as described in RCW 46.61.581 including fine, time limitation (if 8-17 (Revised 1/08) 8.48.170 applicable), and tow -away information. Not- withstanding any provision in this chapter, in accordance with RCW 46.61.581, failure of the person owning or controlling the property where required parking spaces are located to erect and maintain the sign is a Class 2 civil infraction under Chapter 7.80 RCW for each parking space that should be so designated. The person owning or controlling the property where the required parking spaces are located shall ensure that the parking spaces are not blocked or made inaccessible, and failure to do so is a Class 2 civil infraction. D. No person shall make inaccessible the access aisle located next to a space reserved for physically disabled persons. E. Notwithstanding any provision in this chapter, the city's police department is autho- rized to appoint volunteers, with a limited commission, to issue notices of infractions for violations of the city's disabled parking regu- lations. Volunteers must be at least 21 years of age and meet such additional qualifications as established by the city's police department. A notice of infraction issued by a volunteer appointed under this section has the same force and effect as a notice of infraction issued by police officers and parking enforcement offic- ers for a violation of the city's disabled parking regulations. F. The following on -street parking stalls are designated as parking for disabled persons only: 1. The south side of James Street, 160 feet west of Sunset Avenue; 2. The west side of Railroad Avenue, 45 feet south of Main Street; 3. The west side of Second Avenue South, 102 feet south of James Street; 4. The west side of Fifth Avenue North, 85 feet south of Bell Street; 5. The west side of Sixth Avenue North, 40 feet north of Bell Street; 6. The west side of Seventh Avenue North, four stalls, 165 feet south of Sprague Street; (Revised 1/08) 8-18 7. The north side of Main Street, two stalls, directly in front of Francis Anderson Center main entry; 8. The north side of Dayton Street, directly across from 720 Dayton; 9. The west side of Fifth Avenue, 30 feet south of Howell Way; 10. The west side of Second Avenue South, 32 feet south of Main Street; 11. The east side of Third Avenue South, 110 feet south of Main Street; 12. The west side of Fourth Avenue South, 95 feet south of Main Street; 13. The north side of Bell Street, 34 feet west of Fourth Avenue North; 14. The northbound Sixth Avenue, directly across from 411 Sixth Avenue, 16 feet south of alley; 15. The westbound Edmonds Street, 30 feet west of Third Avenue North; and 16. The south side of Main Street, directly in front of 414 Main Street. [Ord. 3564 § 1, 2005]. 8.48.170 Parking signs or other notice required. Whenever by this title or any other ordi- nance of this city any parking time limit is imposed or parking prohibited on designated streets, it shall be the duty of the city traffic engineer to erect appropriate signs giving notice thereof; provided, however, that the city traffic engineer may designate such no parking zone by painting the curb yellow, in lieu of or in addition to posting no parking signs. The words "no parking" may also be painted on such yellow curb. No regulations imposing parking time limits or prohibiting parking shall be effective unless the signs and/or curb mark- ings authorized herein are in place at the time of any alleged infraction. The words "Tow Away Zone" shall be added to signs in areas where impoundment is authorized under this chapter. [Ord. 3564 § 1, 2005]. Edmonds City Code 8.48.175 Restriction of parking time on certain public property. When parking signs are erected giving notice thereof, no person shall park a vehicle for a period of time longer than the posted time limit at the following listed public properties within the city: A. Public property adjacent to the west side of the area known as Olympic View Drive, at 18200 Olympic View Drive. B. Public Safety Building parking lot on the northeast corner of 5th Avenue North and Bell Street, except for emergency vehicles and juror parking. [Ord. 3667 § 2, 2007; Ord. 3564 § 1, 20051. 8.48.180 Overnight parking prohibited in residential areas. It is unlawful and a violation of the traffic code to park or otherwise leave overnight, or between the hours of one minute after 12:00 midnight and 6:00 a.m., on any street or high- way in the city of Edmonds within or abutting an area classified as residential (RS, RD, RML, or RMH) or open space (OS) by the offi- cial zoning ordinance the following types of trailers and/or vehicles: A. All types of trailers designed to be drawn by a motor vehicle including but not limited to boat trailers, trailer homes and mobile homes; and B. Vehicles over 10,000 pounds licensed gross vehicle weight, the principal use of which is the transportation of commodities, merchandise, produce, freight, animals, vehi- cles, passengers for hire, or which are used pri- marily in construction or farming, including but not limited to bulldozers, backhoes, trac- tors and cranes. It is not necessary that restricted parking or other traffic signs be erected for the purpose of enforcing this section. [Ord. 3564 § 1, 2005]. 8.48.200 8.48.190 Stopping, standing or parking prohibited along certain roadways. A. Except as otherwise permitted by the Edmonds City Code, no person may stop, park or leave standing any vehicle, whether attended or unattended, upon any paved por- tion of an uncurbed street. B. Except as otherwise permitted by the Edmonds City Code, no person may stop, park or leave standing any vehicle, whether attended or unattended, upon any paved por- tion of a curbed street in the following manner: 1. Upon street lanes, when such action reduces the street lane width to less than 10 feet for vehicles traveling in the same direc- tion; or 2. Upon cul-de-sacs, when such action reduces the radius of the cul-de-sac to less than 35 feet. [Ord. 3564 § 1, 2005]. 8-18.1 8.48.200 Parking — Notice of violation. A. Whenever any motor vehicle without an operator is found parked, standing or stopped in violation of any of the parking regulations or time limits of this title, the officer finding it shall complete a notice of parking violation and affix the same in a conspicuous place on the motor vehicle. B. The notice of parking violation shall be in a form approved by the chief of police and shall advise the operator to answer the charges against him within seven days at a place and manner specified in the notice. The notice of parking infraction shall be filed in the traffic violations bureau no later than 48 hours after issuance. C. If a violator of any provision of this title regulating stopping, standing or parking does not answer to the charges set forth in the notice of parking violation affixed to such motor vehicle within a period of seven days, the chief of police shall send to the owner of the motor vehicle to which the notice was affixed a letter informing him of the violation warning him that in the event such letter is disregarded for a (Revised 1/08) 8.48.210 period of seven days, a criminal complaint will be filed and a summons to appear or a warrant for arrest may be issued. [Ord. 3564 § 1, 2005]. 8.48.210 Failure to respond to notice of parking infraction. RCW 46.64.020 is hereby adopted by this reference as if set forth in full herein. Pursuant to such statute and this chapter, any person who has been issued a notice of parking infraction and who willfully fails to respond as provided in this chapter shall be guilty of a misdemeanor regardless of the disposition of the notice of parking infraction. [Ord. 3564 § 1, 2005]. 8.48.215 Parking infraction penalties. A. Any person who commits a parking infraction shall be assessed the following civil penalty, unless otherwise provided herein: 1. All parking infractions, whether on public streets or within lots, except as detailed in subsection (A)(2) of this section: $40.00; 2. Unauthorized handicapped zone parking: $250.00. B. All persons who have committed a park- ing infraction and are issued a notice of infrac- tion for a violation of subsection (A)(1) of this section shall be assessed a reduced fine of $20.00 for that violation if: 1. It is their first violation; and 2. The individual pays the penalty within 24 hours of the issuance of the notice of infraction. C. Repeat Violations Within One Calendar Year. 1. For persons who commit repeated parking violations within one calendar year, there shall be no opportunity for reduction and the penalty shall stand as stated in subsection (A) of this section regardless of when the pen- alty is paid; provided, however, that nothing herein shall be interpreted to prohibit the court from imposing additional penalties and costs for late payment. (Revised 1/08) 8-18.2 2. After the second violation, the pen- alty listed in subsection (A) of this section, with the exception of subsection (A)(2) of this section, shall be increased to $40.00 with no reduction. After the third violation, the penalty listed in subsection (A) of this section shall be increased to $80.00 and all subsequent viola- tions within one calendar year shall pay a civil penalty equal to $160.00 per violation. 3. Each subsequent violation of the posted period of parking time constitutes another violation. Calculation of the new period of parking time begins immediately after a notice of infraction has been issued. 4. Any person who remains free of park- ing infractions for one calendar year shall revert to the base fine set forth in subsection (A) of this section to the end that, after a one-year period free of violation, the offense shall be considered a first offense and subject to reduc- tion as provided above if paid within 24 hours. D. Any person who commits a parking infraction, and who fails to respond to the notice of that infraction within 15 days of its issuance, shall be assessed twice the civil pen- alty for such infraction as is set forth in subsec- tions (A) and (B) of this section. Such penalty shall be in addition to any other penalties or fines imposed for failure to respond to a notice of parking infraction. E. "Person" as used in this section shall refer to the registered owner of the vehicle found to be in violation of the parking provi- sions of this chapter. [Ord. 3653 § 1, 2007; Ord. 3564 § 1, 2005]. 8.48.220 Presumption in reference to illegal parking. A. In any prosecution for a violation of any law or regulation governing the stopping, standing, or parking of a vehicle, proof that the particular vehicle described in the complaint was stopping, standing, or parking in violation of any such law or regulation, together with proof that the defendant named in the com- plaint was at the time of such violation the reg - Edmonds City Code istered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the per- son who parked or placed such vehicle at the point where, and for the time during which, such violation occurred. B. The foregoing stated presumption shall apply only when the procedure as prescribed in ECC 8.48.200 has been followed. [Ord. 3564 § 1, 20051. 8.48.300 Pay parking lot defined. For the purposes of this chapter, "pay park- ing lot" means any parking lot owned or oper- ated by the city of Edmonds which is designated by appropriate signs as a pay park- ing lot. [Ord. 3564 § 1, 2005]. 8-18.2a 8.48.300 (Revised 1/08) This page left intentionally blank. (Revised /08) 8-18.2b Edmonds City Code 19. West side of Admiral Way from Port of Edmonds Boat Launch Road to a point 550 feet north; 20. East side of Railroad Avenue from Main to Dayton; 21. West side of Railroad Street from Main to James; 22. East side of Sunset from Bell Street to Caspers Street; 23. East side of Seventh Avenue N. from Walnut Street to Hemlock Street; 24. The west side of 100th Avenue West, from 80 feet north of the cemetery entrance to 80 feet south of the cemetery entrance; 25. The terminus and west side of Ocean Avenue excepting only five parking spaces designated by the city engineer; 26. A portion of the south side of 216th Street S.W. between 72nd Avenue West and 73rd Place West, with said no parking area to be 40 feet east and 75 feet west of the current established driveway for the Kruger Clinic; 27. West side of 76th Avenue West from the intersection of 208th Street S.W. north for a distance of 225 feet; 28. Both sides of Dayton Street from Admiral Way to Sunset Avenue (State Route 104); 29. Both sides of Howell Way from Fourth Avenue South to Fifth Avenue South, 30. South side of Caspers Street from Sunset Avenue (State Route 104) to Third Avenue; and 31. West side of Second Avenue South from Alder Street to its dead end, located south of Alder Street. [Ord. 3605 § 1, 2006; Ord. 3564 § 5, 20051. 8.64.040 Schedule IV — Parking prohibited during certain hours on certain streets. In accordance with ECC 8.48.140, and when signs are erected giving notice thereof, no person shall park a vehicle between the hours specified herein on any day except Sun - 8 -33 8.64.050 day and public holidays within the district or upon any of the streets or parts of streets as fol- lows: (None). [Ord. 3564 § 5, 2005]. 8.64.045 Schedule IV -A — Stopping, standing or parking during certain hours on certain streets prohibited. In accordance with ECC 8.48.145 and when signs are erected giving notice thereof, no per- son shall stop, stand, or park a vehicle between the hours specified herein on any day immedi- ately preceding a public holiday and public holidays within the district or upon any of the streets or parts of streets as follows: Name of Street or District Hours — Stopping, Standing or Parking Prohibited East side of Admiral From 6:00 p.m. on Way from Dayton Friday to 12:00 midnight Street to a point 1,600 on Sunday, and from feet southerly — no 6:00 p.m. on those days parking of trailers or immediately preceding other apparatus public holidays to designed to be towed midnight on said public by a motor vehicle holidays for the period whether attached to from the Friday said vehicle or not. preceding Memorial Day through the Sunday following Labor Day. [Ord. 3564 § 5, 2005]. 8.64.050 Schedule V — Stopping, standing or parking during certain hours on certain streets prohibited. A. In accordance with ECC 8.48.150 and when signs are erected giving notice thereof, no person shall stop, stand or park a vehicle between the hours specified in this section of any day, except Saturdays, Sundays and holi- days, within the district or upon any of the streets or parts of streets as follows: (Revised 1/08) 8.64.060 Name of Street or Hours — Stopping, District Standing or Parking Prohibited Both sides of 102nd 7:00 a.m. to 3:00 p.m. Place West, from SR 104 (Edmonds Way) to its terminus at Woodway High School B. In accordance with ECC 8.48.150 and when signs are erected giving notice thereof, no person shall stop, stand or park any vehicle between the hours specified in this section of any day whatsoever within the district or upon any of the streets or parts of streets as follows: Name of Street or Hours — Stopping, District Standing or Parking Prohibited Terminus and west side of Dusk* to 8:00 a.m. Ocean Avenue within 5 parking spaces designated by city engineer *Dusk is hereby defined as commencing 30 minutes fol- lowing sunset. [Ord. 3564 § 5, 2005]. 8.64.060 Schedule VI — Parking limited on certain streets. A. In accordance with ECC 8.48.160 and when signs are erected giving notice thereof, no person shall park a vehicle for a period of time longer than three hours between the hours of 12:00 midnight and 6:00 p.m. of any day, except Sundays and public holidays, within the district or upon any of the streets as follows: 1. Both sides of Bell Street from Sunset Avenue North to 190 feet west of Sixth Ave- nue North; 2. Both sides of Daley Street from Third Avenue North to Sixth Avenue North; 3. Both sides of Main Street from Sunset Avenue to Sixth Avenue; 4. Both sides of James Street from Sun- set Avenue to Third Avenue South; (Revised 1/08) 8-34 5. Both sides of Dayton Street from Sunset Avenue (State Route 104) to Sixth Avenue South; 6. Both sides of Second Avenue from Alder Street to Caspers Street; 7. West side of Railroad Avenue from Dayton Street to Main Street; 8. Both sides of Third Avenue North from its intersection with Dayton Street to the 600 block of Third Avenue North; 9. Both sides of Fourth Avenue from Dayton Street to Daley Street; 10. Both sides of Fifth Avenue from Howell Way to Edmonds Street; 11. Both sides of Maple Street from Fifth Avenue South to 120 feet east of Fifth Avenue South; 12. Both sides of Alder Street from Fifth Avenue South to 120 feet east of Fifth Avenue South; 13. Both sides of Edmonds Street from Sunset Avenue to Fifth Avenue North; 14. West side of Sunset Avenue from Bell Street to Edmonds Street; 15. Both sides of Sunset Avenue from Main Street to Bell Street; 16. North side of Caspers Street from Sunset Avenue to Third Avenue North; 17. East side of Railroad Street from James Street to Main Street; 18. South side of James Street from Railroad Street to Sunset Avenue (State Route 104); 19. Both sides of Third Avenue South, from Dayton Street to Walnut Street; 20. Both sides of Fourth Avenue South, from Dayton Street to 120 feet south of Walnut Street; 21. The east side of Third Avenue North from Edmonds Street to Daley Street; 22. The south side of Daley Street from Third Avenue North to the alley between Third Avenue North and Fourth Avenue North; 23. The west side of Sixth Avenue from Dayton Street to Bell Street; Edmonds City Code 24. The east side of Sixth Avenue from Dayton Street to the alley between Main Street and Bell Street; 25. Both sides of Main Street from Sixth Avenue to 120 feet east of Sixth Avenue; 26. The north side of Dayton Street from Sixth Avenue North to 120 feet east of Sixth Avenue South; 27. Both sides of Walnut Street from Third Avenue South to 120 feet east of Fifth Avenue South; 28. The north side of Howell Way from 300 feet west of Fifth Avenue South to Fifth Avenue South; 29. The south side of Howell Way from 120 feet west of Fifth Avenue South to Fifth Avenue South; 30. The west side of Fifth Avenue South from Howell Way to Erben Drive; 31. Both sides of Second Avenue South from Dayton Street to its dead end, located south of Alder Street; 32. Both sides of Alder Street between its intersection with Second Avenue South and Third Avenue South; and 33. Both sides of Sprague Street from Edmonds Street to Sixth Avenue North. B. In accordance with ECC 8.48.160 and when signs are erected giving notice thereof, no person shall park a vehicle for a period of time longer than one hour between the hours of 12:00 midnight and 6:00 p.m. of any day, except Sundays and public holidays, within the district or upon any of the streets as follows: 1. West side of Fourth Avenue North from Daley Street to Third Avenue North. [Ord. 3667 § 3, 2007; Ord. 3564 § 5, 2005]. 8.64.065 Schedule VI -A — Parking time limited for certain periods of time on certain streets. In accordance with ECC 8.48.155 and when signs are erected giving notice thereof, no per- son shall stop, stand or park a vehicle for a period of time longer than the number of hours set forth below, or between the hours set forth below: 8-35 8.64.065 Name of Street or Hours — Stopped, Road Standing or Parking Prohibited 1. Sunset Beach access Four hours maximum at way and Sunset any one time. Beach Park 2. West side of Sunset Four-hour parking 8:00 Avenue from a.m. to 10:00 p.m. No Edmonds Street to parking from 10:00 p.m. Caspers Street. to 8:00 a.m.; provided, however, the City Council may adjust the four-hour parking time and the no parking time set forth in this subsection by appropriate motion and upon erection of appropriate signs. 3. West side of Admiral Two-hour parking from Way from Dayton 6:00 p.m. on Friday to Street to a point 260 midnight on Sunday, and feet southerly. from 6:00 p.m. on those days immediately preceding public holidays to midnight on said public holidays. 4. Both sides of the Four-hour parking, 8:00 portion of 75th Place a.m. to 10:00 p.m. No west, north of North parking from 10:00 p.m. Meadowdale Road. to 8:00 a.m. 5. Five parking spaces Two hours maximum designated by city between the hours of 8:00 engineer and located a.m. and dusk.* No at the terminus and parking between dusk southerly end of and 8:00 a.m. Ocean Avenue. 6. Both sides of Three hours maximum at Admiral Way from any one time. its intersection with Dayton Street and south thereof to the end of the public right-of-way (approximately 2,300 feet). *Dusk is hereby defined as commencing 30 minutes fol- lowing sunset. [Ord. 3564 § 5, 2005]. (Revised 1/08) 8.64.067 8.64.067 Schedule VI -B — Parking time limited for certain periods of time on certain streets. In accordance with ECC 8.48.155 and when signs are erected giving notice thereof, no per- son shall park a vehicle for a period of time longer than two hours between the hours of 8:00 a.m. and 4:00 p.m., Monday through Fri- day, on the following listed streets within the city: 212th Street S.W. on the north and south sides from 480 feet west of the intersection of 76th Avenue West, west a distance of 500 feet. [Ord. 3564 § 5, 2005]. 8.64.068 Schedule VI -C — Parking time limited for short-term parking for specific on -street parking stalls. A. In accordance with ECC 8.48.161 and when signs are erected giving notice thereof, no person shall park a vehicle for a period of time longer than five minutes between the hours of 12:00 midnight and 6:00 p.m. of any day except Sundays and public holidays, within the district or upon any of the streets as follows: 1. The east side of Fifth Avenue, 50 feet south of Bell Street; 2. The east side of Second Avenue, 35 feet north of Main Street; 3. The north side of Main Street from Second Avenue extending east 120 feet; 4. The south side of Main Street, begin- ning at Seventh Avenue, extending east 185 feet to the Frances Anderson Center access drive; and 5. The north side of Dayton Street, beginning at entrance to preschool, extending west 200 feet. B. In accordance with ECC 8.48.161 and when signs are erected giving notice thereof, no person shall park a vehicle for a period of time longer than 15 minutes between the hours (Revised 1/08) 8-36 of 12:00 midnight and 6:00 p.m. of any day, except Sunday and public holidays, within the district or upon any of the streets as follows: 1. The east side of Fifth Avenue South, 140 feet north of Dayton Street; 2. The west side of Fifth Avenue South, 30 feet south of Main Street; 3. The west side of Second Avenue South, 150 feet south of Main Street; 4. The west side of Second Avenue South, 150 feet north of Dayton Street; 5. The east side of Third Avenue North, beginning 197 feet north of Bell Street, extend- ing 20 feet; and 6. The west side of Fifth Avenue South, 90 feet north of Maple Street. [Ord. 3667 § 4, 2007; Ord. 3564 § 5, 2005]. 8.64.070 Reserved. [Ord. 3564 § 5, 2005] . 8.64.080 Schedule VIII — Commercial vehicles prohibited from using certain streets. When signs are erected giving notice thereof, no person shall operate a commercial vehicle upon any of the following streets or parts of streets: Name of Street Licensed Gross Weight Limit 1. 76th Avenue West, 10,000 pounds; except from PSH No. 1 for buses used for (U.S. 99) to 224th public or school S.W. transportation which are exempt from this limit. 2. Olympic View Drive 10,000 pounds; except from Puget Drive to for buses used for 76th West. public or school transportation which are exempt from this limit. Edmonds City Code fessional and general staff will be provided at the discretion of the mayor and city council. [Ord. 3025 § 1, 1995]. 10.20.040 Powers and duties. The commission is empowered to advise and make recommendations to the mayor, city council or other commission or board of the city on matters including but not limited to those set forth hereinafter. The activities of the commission shall include the following: A. To represent the city's interest in art matters and the interest of the arts in city mat- ters and to keep the mayor and city council informed on all such related matters; B. To be a central body to whom art organi- zations, artists and anyone interested in cul- tural advancement of the community may come for information or assistance; C. To encourage and aid programs for cul- tural enrichment of Edmonds citizens; D. To coordinate and strengthen existing cultural organizations and to develop coopera- tion with schools and regional and national art organizations; E. To explore ways and implement meth- ods of obtaining financial support through development of private, local, state and federal funds and establishing public/private partner- ships to promote cultural projects within the community; F. To review and make recommendations on all art acquisitions, on facilities used for cultural events and other capital expenditures for cultural projects in the city; - G. To review proposed arts -related projects or events to recommend to the city those which may provide benefit to the community; H. To explore and promote arts -related projects, events and businesses which may pro- vide an economic benefit to the city or which beautify and enhance the image of the city; I. To engage in long range cultural planning and implementation as well as review city plans for the purpose of integration of arts ele- 10.20.050 ments into city planning including education, public finance, community services, etc.; J. To establish liaisons and set up mecha- nisms for communication with city boards and commission and other organizations as appro- priate; K. To recognize the contributions made by individuals and organizations to the cultural life of the city; L. To provide periodic reports to the mayor and council on the progress of the work plan and prepare and submit an annual report; M. To render any other advice and assistant in cultural matters, aesthetics, and beautifica- tion; and N. To render any other advice and assis- tance to the city in any other artistic activities as may be referred to by the city. [Ord. 3025 § 1, 1995]. 10.20.050 Juried selection process. The following process has been developed in order to utilize the expertise of the commis- sion, acting in conjunction with a representa- tive of the architectural design board on architectural elements of public buildings, and with the comments of the public in order to develop a recommendation to the Edmonds city council regarding contracts for significant works of public art and all public arts projects, whether freestanding or erected as a part of a design component of a public building, which are visible from public ways or adjacent pri- vate property. The commission in the exercise of its powers shall utilize at least the following elements in the selection process: A. Develop a prospectus for announcing perspective purchases of or commissions for public art. Such a prospectus shall be submit- ted and finally approved by the city council prior to publication. B. Obtain proposals through appropriate public advertisements and direct mailings to artists of note. The advertisement need not be confined to the city's official newspaper. Rather the commission may utilize other mag - 10 -9 (Revised 1/08) 10.25.010 azines and newsletters which are better designed to reach the artistic community, and particularly artists whose work is compatible with the type of work contemplated by the commission and approved by the city council. C. The commission shall establish a jury to select finalists from among the members of the commission. The jury shall also include a rep- resentative of the architectural design board when appropriate to comment on architectural elements of public buildings, the city council and the public. D. The finalists for any project shall be pre- sented at a public hearing before the jury. The public shall be heard in conjunction with the presentation of the finalists' proposals. Notice of the hearing shall be posted at the site and the locations designated by ordinance for the post- ing of official city notices. Posting shall be performed by the city clerk or the clerk's des- ignee. A public hearing on an art work or design component of a public facility which is visible from a public way or adjacent private property shall also direct written notice of the hearing to the owners of private property within 300 feet of the site selected for the erec- tion of the work. E. The jury through the commission shall make its recommendation to the city council in writing and present the artist and proposed work of art to the city council at a public hear- ing. Notice of the hearing shall be provided as set forth in subsection (D) of this section. [Ord. 3025 § 1, 1995]. (Revised 1/08) 10-10 Chapter 10.25 CIVIL SERVICE COMMISSION Sections: 10.25.010 Civil service commission created, appointment, terms, removal and quorum. 10.25.015 Terms limited. 10.25.020 Organization of commission — Powers and duties — Secretary. 10.25.030 Scope. 10.25.040 Existing positions blanketed under civil service. 10.25.050 Qualifications of applicants. 10.25.060 Tenure of employment — Grounds for discharge — Reduction or deprivation of privileges. 10.25.070 Procedure for removal — Suspension, demotion or discharge — Investigation — Hearing — Appeal. 10.25.090 Filling of vacancies — Probationary period. 10.25.100 Power to create offices, make appointments and fix salaries not infringed. 10.25.110 Enforcement by civil action — Legal counsel. 10.25.120 Deceptive practices — False marks, etc., prohibited. 10.25.130 Penalty — Jurisdiction. 10.25.140 Definitions. 10.25.150 Severability. 10.25.160 Applicability. 10.25.010 Civil service commission created, appointment, terms, removal and quorum. There is created in the city a civil service commission which shall be composed of three persons. The members of such commission shall be appointed by the mayor; provided, that the members of the civil service commission constituted pursuant to the Edmonds City Code chapters repealed at the enactment of the ordi- Edmonds City Code nance codified in this chapter shall be the initial commissioners of the newly created civil ser- vice commission and shall continue in office until the term of their original appointment expires. The members of such commission shall serve without compensation. No person shall be appointed a member of such commis- sion who is not a citizen of the United States, a resident of such city for at least three years immediately preceding such appointment, and an elector of the county wherein he resides. Except for the initial commission, the term of office of such commissioners shall be for six years. Any member of such commission may be removed from office for incompetency, incompatibility or dereliction of duty, or mal- feasance in office, or other good cause; pro- vided, however, that no member of the commission shall be removed until charges have been preferred in writing, due notice and a full hearing had. The members of such com- mission shall devote due time and attention to the performance of the duties hereinafter spec- ified and imposed upon them by this chapter. Two members of such commission shall con- stitute a quorum and the votes of any two mem- bers of such commission concurring shall be sufficient for the decision of all matters and the transaction of all business to be decided or transacted by the commission under or by vir- tue of the provisions of this chapter. Confirma- tion of the appointment or appointments of commissioners by the city council shall not be required. [Ord. 2441 § 1, 1984]. 10.25.015 Terms limited. No civil service commissioner shall serve more than two full consecutive terms. An appointment to fill the unexpired portion of a term less than two years in length shall not constitute a full term. [Ord. 2656 § 2, 1988]. 10.25.020 Organization of commission — Powers and duties — Secretary. A. Immediately after appointment, the commission shall organize by electing one of 10.25.020 its members chairperson and hold regular meetings at least once a month, and such addi- tional meetings as may be required for the proper discharge of their duties. It shall be the duty of the civil service commission: 1. To make suitable rules and regula- tions to implement this chapter which are not inconsistent with the provisions thereof. Such rules and regulations shall provide in detail the manner in which examinations may be held, and appointments, promotions, transfers, rein- statements, demotions, suspensions and dis- charges shall be made. The rules and regula- tions and any amendments thereof shall be reproduced for free public distribution; 2. All tests shall be practical and shall consist only of subjects which will fairly deter- mine the capacity of persons examined to per- form duties of the position to which appoint- ment is to be made, and may include tests of physical fitness and/or of manual skill; 3. The commission is hereby authorized to extend the following credits and preference to applicants: a. The rules and regulations adopted by the commission shall provide for a credit of 10 percent in favor of all applicants for appointment under civil service, who in time of war or any expedition of the Armed Forces of the United States, have served in and have been honorably discharged from the Armed Services of the United States, including the Army, Navy and Marine Corps and the Amer- ican Red Cross. These credits shall apply to entrance examinations only; and/or b. The civil service commission may, in its discretion, provide for a preference not to exceed five percent in favor of all applicants who have successfully completed at least two years of service with the Edmonds police re- serve unit or as volunteers with the Edmonds fire department. These credits shall apply to en- trance examinations only, to be added to the score of applicants who have successfully passed the written, oral and physical tests on certification to the eligibility list. This prefer - 10 -11 (Revised 1/08) 10.25.020 ence shall apply only to positions of initial hire, and shall be uniformly applied during the se- lection process for any position. 4. The commission shall make investi- gations concerning and report upon all matters touching the enforcement and effect of the pro- visions of this chapter, and the rules and regu- lations prescribed hereunder; inspect all institutions, department, offices, places, posi- tions and employments affected by this chap- ter, and ascertain whether this chapter and all such rules and regulations are being obeyed; 5. Such investigations may be made by the commission or by any commissioner desig- nated by the commission for that purpose. Not only must these investigations be made by the commission as aforesaid, but the commission must make like investigation on petition of a citizen, duly verified, stating that irregularities or abuses exist, or setting forth in concise lan- guage, in writing, the necessity for such inves- tigation. In the course of such investigation, the commission, or designated commissioner or chief examiner, shall have the power to admin- ister oaths, subpoena and require the atten- dance of witnesses and the production by them of books, papers, documents and accounts appertaining to the investigation and also to cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the superior court; and the oaths administered by a superior court judge in his judicial capacity; and the failure upon the part of any person so subpoenaed to comply with the provisions of this section shall be deemed a violation of this chapter and punish- able as such; 6. All hearings and investigations before the commission, or designated commissioner or chief examiner, shall be governed by this chapter and by rules of practice and procedure to be adopted by the commission, and in the conduct thereof neither the commission nor designated commissioner shall be bound by the technical rules of evidence. No informality in (Revised 1/08) 10-12 any proceedings or hearing, or in the manner of taking testimony before the commission or designated commissioner, shall invalidate any order, decision, rule or regulation made, approved or confirmed by the commission; provided, however, that no order, decision, rule or regulation made by any designated commis- sioner conducting any hearing or investigation alone shall be of any force or effect whatsoever unless and until concurred in by at least one of the other two members; 7. To hear and determine appeals or complaints respecting the administrative work of the personnel department, appeals upon the allocation of positions, the rejection of an examination and such other matters as may be referred to the commission pursuant to the duties outlined in subsection (A)(1) of this sec- tion; 8. Establish and maintain in card or other suitable form a roster of employees cov- ered by civil service; 9. Provide for, formulate and hold com- petitive tests to determine the relative qualifi- cations of persons who seek employment in any class or position and as a result thereof establish eligible lists for the various classes of positions as established by the city, and to pro- vide that employees laid off because of curtail- ment of expenditures, reduction in force, and for like cause, head the list in the order of their seniority, to the end that they shall be the first to be reemployed; 10. When a vacant position is to be filled, to certify to the appointing authority, on written request, the name of the three persons highest on the eligible list for the class. If there are no such lists, the commission shall make provision in their rules for provisional or tem- porary appointments for such positions. Such temporary or provisional appointment shall not exceed a period of six months in duration but may be extended for up to an additional six months if for any reason it cannot be deter- mined at the expiration of the initial appoint- ment that the position being filled by Edmonds City Code temporary or provisional appointment will in fact be vacant, such as in the instance of a posi- tion vacant due to an officer on disability leave under the LEOFF Act, or for other good cause which in the discretion of the commission war- rants an additional extension of such a provi- sional or temporary appointment; 11. Keep such records as may be neces- sary for the proper administration of this chap- ter. B. The commission shall appoint a secre- tary and chief examiner. It may either desig- nate a staff member from the city's personnel department or may contract with funds pro- vided by the city with an independent contrac- tor to fill the position. Nothing in this section shall require hiring under civil service proce- dures to fill these positions nor extend civil service protection to those persons designated or contracted to serve. [Ord. 2627 § 1, 1987; Ord. 2441 §§ 2, 4, 1984]. 10.25.030 Scope. The provisions of this chapter shall apply to all full-time police personnel of the city except as provided herein: A. The position of police chief shall be exempt from civil service coverage. The police chief shall have the authority to exclude an additional number of positions, to be desig- nated the unclassified service. The number of such persons who may be designated shall be determined in accordance with the provisions of RCW 41.12.050. B. The selection of specific positions to be in the unclassified service and exempt from civil service shall be made by the police chief, who shall notify the civil service commission of his or her selection. Subsequent changes in the designation of which positions are in the unclassified service may be made only with the concurrence of the police chief, the mayor, and the civil service commission, and then only after the civil service commission has heard the issue in an open hearing. 10.25.040 C. If a position initially selected by the police chief to be in the unclassified service is in the classified civil service at the time of selection, and if the position is occupied, the employee occupying the position has the right to return to the next highest position or like position in the classified civil service. D. When the police chief has been appointed from within the department and has previously established tenure within the classi- fied service, he or she shall retain the civil ser- vice rank to which he or she has vested. The chief serves at will and may be removed with or without cause at any time. In the event that the chief is removed without cause, the chief may, at his or her option, return to the last ten- ured position in the classified service. Civil service tenure may be terminated only for cause in accordance with the provisions of this chapter. E. All appointments to and promotions in the classified service of the department shall be made solely on merit, efficiency and fitness except as specifically provided in RCW 35.13.360 through 35.13.400, which shall be ascertained by open, competitive examination and impartial investigation. No person in the unclassified service shall be reinstated in or transferred, suspended or discharged from any such place, position, or employment, contrary to the provisions of this chapter. [Ord. 3664 § 1, 2007; Ord. 2816 § 1, 1991; Ord. 2444, 1984]. 10.25.040 Existing positions blanketed under civil service. For the benefit of the public service and to prevent delay, injury or interruption therein by reason of the enactment of this chapter, all per- sons having completed probation and in the police or fire department subject to civil ser- vice coverage as defined in ECC 10.25.030 are hereby declared permanently appointed under civil service to the offices, places, positions or employments which they shall then hold respectively, and not on probation; and every 10-13 (Revised 1/08) 10.25.050 such person is hereby automatically adopted and inducted permanently into civil service, into such office, place, position or employ- ment which such person then holds. 10.25.050 Qualifications of applicants. An applicant for a position of any kind under civil service must be a citizen of the United States of America who can read and write the English language. An applicant for a position of any kind under civil service must be of an age suitable for the position applied for, in ordinary good health, of good moral character and of temper- ate and industrious habits; these facts to be ascertained in such manner as the commission may deem advisable. 10.25.060 Tenure of employment — Grounds for discharge — Reduction or deprivation of privileges. The tenure of everyone holding an office, place, position or employment under the provi- sions of this chapter shall be only during good behavior and any such person may be removed or discharged, suspended without pay, de- moted, reduced in rank, or deprived of vacation privileges or other special privileges for any of the following reasons: A. Incompetency, inefficiency or inatten- tion to or dereliction of duty; B. Dishonesty, intemperance, immoral conduct, insubordination, discourteous treat- ment of the public or a fellow employee, or any other act of omission or commission tending to injure the public service; or any other willful failure on the part of the employee to properly conduct himself; or any willful violation of the provisions of this chapter or the rules and reg- ulations to be adopted hereunder; C. Mental or physical unfitness for the position which the employee holds; D. Dishonest, disgraceful, immoral or prej- udicial conduct; (Revised 1/08) 10-14 E. Drunkenness or use of intoxicating li- quors, narcotics or any other habit forming drug, liquid or preparation to such extent that the use thereof interferes with the efficiency or mental or physical fitness of the employee, or which precludes the employee from properly performing the function and duties of any po- sition under civil service; F. Conviction of a felony or a misdemeanor involving moral turpitude; G. Any other act or failure to act which in the judgment of the civil service commission- ers is sufficient to show the offender to be an unsuitable and unfit person to be employed in the public service. 10.25.070 Procedure for removal — Suspension, demotion or discharge — Investigation — Hearing — Appeal. No person in the classified civil service who shall have been permanently appointed or in- ducted into civil service under provisions of this chapter shall be removed, suspended, de- moted or discharged except for cause, and only upon written accusation of the appointing au- thority or any citizen or taxpayer; a written statement of which accusation, in general terms, shall be served upon the accused and a duplicate filed with the commission. Any per- son so removed, suspended, demoted or dis- charged may, within 10 days from the time of his removal, suspension, demotion or dis- charge, file with the commission a written de- mand for an investigation whereupon the commission shall conduct such investigation. The investigation shall be confined to the de- termination of the question of whether such re- moval, suspension, demotion or discharge was or was not made for political or religious rea- sons, and was or was not made in good faith for cause. After such investigation, the commis- sion may affirm the removal, or if it shall find that the removal, suspension or demotion was made for political or religious reasons, or was not made in good faith for cause, shall order the Edmonds City Code immediate reinstatement or reemployment of such person in the office, place, position or em- ployment from which such person was re- moved, suspended, demoted or discharged; which reinstatement shall, if the commission so provides in its discretion, be retroactive, and entitle such person to pay or compensation from the time of such removal, suspension, de- motion or discharge. The commission, upon such investigation in lieu of affirming the re- moval, suspension, demotion or discharge by directing a suspension, without pay, for a given period, and subsequent restoration to duty, or demotion in classification grade, or pay; the findings of the commission shall be certified in writing to the appointing power and shall be forthwith enforced by such officer. All investigations made by the commission pursuant to the provisions of this section shall be had by public hearing, after reasonable notice to the accused of the time and place of such hearing, at which hearing the accused shall be afforded an opportunity of appearing in person and by counsel and presenting his/her defense. If such judgment or order be con- curred in by the commission or a majority thereof, the accused may appeal therefrom to the court of original and unlimited jurisdiction 10.25.070 10-14.1 (Revised 1/08) This page left intentionally blank. (Revised 1/08) 10-14.2 Edmonds City Code nance. Any ordinance which enacts a conunis- sion recommendation shall be subject to Article XXX, Section 1 of the Washington State Constitution regarding increases in elected officials' compensation during their term of office. [Ord. 3508 § 1, 2004]. 10.80.090 Reimbursement unaffected. The mayor and councilmembers shall receive reimbursement for their action and necessary expenses incurred in the perfor- mance of the duties of their office, or the coun- cil by ordinance may provide for a per diem allowance. Procedure for approval of claims for expenses shall be as provided by ordinance, consistent with state law. [Ord. 3508 § 1, 2004]. 10.90.020 Chapter 10.90 EDMONDS HISTORIC PRESERVATION COMMISSION Sections: 10.90.010 Creation and size. 10.90.020 Composition of the commission. 10.90.030 Terms. 10.90.040 Powers and duties. 10.90.050 Rules and officers. 10.90.060 Commission staff. 10.90.010 Creation and size. There is hereby established an Edmonds historic preservation commission, consisting of nine voting members, as provided in ECC 10.90.020. Members of the Edmonds historic preservation commission shall be appointed by the mayor and approved by the city council. All appointments shall be residents of Edmonds, except as expressly provided in ECC 10.90.020(B). [Ord. 3669 § 1, 2007; Ord. 3392 § 1, 20021. 10.90.020 Composition of the commission. A. All members of the commission must have a demonstrated interest or competence in historic preservation and possess qualities of impartiality and broad judgment. B. The commission shall consist of nine voting members and one nonvoting, ex officio position to be filled by an Edmonds city coun- cil member. The commission shall include at least two professionals who have experience in identifying, evaluating, and protecting historic resources and are selected from among the dis- ciplines of history, architecture, architectural history, .historic preservation, planning, cul- tural anthropology, archaeology, cultural geography, American studies, law, and/or real estate. Six positions shall be filled by citizens of Edmonds with the demonstrated interest in historic preservation. One position shall be filled as recommended by the Edmonds South Snohomish County Historical Society. A com- mission action that would otherwise be valid 10-27 (Revised 1/08) 10.90.030 shall not be rendered invalid by the temporary vacancy of one or all of the professional posi- tions, unless the commission action is related to meeting certified local government (CLG) responsibilities cited in the certification agree- ment between the mayor and the historic pres- ervation officer. Furthermore, in special circumstances, exceptions to the residence requirement of commission members may be granted by the mayor and the city council in order to obtain representatives from those dis- ciplines. [Ord. 3669 § 2, 2007; Ord. 3526 § 1, 2004; Ord. 3392 § 1, 2002]. 10.90.030 Terms. The original appointment of members to the commission shall be as follows: three for two years, two for three years, and two for four years. Thereafter, appointments shall be made for a three-year term. Vacancies shall be filled by the mayor for the unexpired term in the same manner as the original appointment. [Ord. 3392 § 1, 2002]. 10.90.040 Powers and duties. The major responsibility of the historic preservation commission is to identify and actively encourage the conservation of the city's historic resources by initiating and maintaining a register of historic places and reviewing proposed changes to register prop- erties; to raise community awareness of the city's history and historic resources; and to serve as the city's primary resource in matters of history, historic planning, and preservation. In carrying out these responsibilities, the historic preservation commission shall engage in the following: A. Conduct and maintain a comprehensive inventory of historic resources within the boundaries of the city and known as the Edmonds historic inventory; publicize and periodically update inventory results. Proper- ties listed on the inventory shall be recorded on official zoning records with a "HI" (for his- (Revised 1/08) 10-28 toric inventory designation). This designation shall not change or modify the underlying zone classification. B. Initiate and maintain the Edmonds regis- ter of historic places. This official register shall be compiled of buildings, structures, sites, objects and districts identified by the commis- sion as having historic significance worthy of recognition and protection by the city and encouragement of efforts by owners to main- tain, rehabilitate and preserve properties. C. Review nominations to the Edmonds register of historic places according to criteria in ECDC 20.45.010 and adopt standards in its rules to be used to guide this review and the issuance of a certificate of appropriateness or waiver. D. Review proposals to construct, change, alter, modify, remodel, move, demolish or sig- nificantly affect properties or districts on the register as provided in Chapter 20.45 ECDC and adopt standards in its rules to be used to guide this review and the issuance of a certifi- cate of appropriateness or waiver. E. Provide for the review either by the com- mission or its staff of all applications for approvals, permits, environmental assess- ments or impact statements, and other similar documents pertaining to identified historic resources or adjacent properties. F. Conduct all commission meetings in compliance with Chapter 42.30 RCW, Open Public Meetings Act, to provide for adequate public participation and adopt standards in its rules to guide this action. G. Participate in, promote and conduct pub- lic information, educational and interpretive programs pertaining to historic and prehistoric resources. H. Establish liaison support, communica- tion and cooperation with federal, state and other local government entities which will fur- ther historic preservation objectives, including public education, within the city. Edmonds City Code 3645 5/15/07 Amends § 5.05.050, animal control (5.05) 3646 5/22/07 Amends Ch. 18.45, land clearing and tree cutting code (18.45) 3647 6/5/07 Street vacation (Special) 3648 6/5/07 Amends § 4.50.040(D), massage therapist fees (4.50) 3649 6/19/07 Amends §§ 3.22.010 and 3.22.020, interfund loan program (3.22) 3650 6/19/07 Rezone (Special) 3651 6/19/07 Repeals and replaces Title 19, community development code (19.00, 19.05, 19.10, 19.15, 19.20, 19.25, 19.30, 19.35, 19.40, 19.45, 19.50, 19.55, 19.60, 19.65, 19.70, 19.75, 19.80, 19.85, 19.90, 19.95) 3652 6/19/07 Repeals § 16.30.040(B), multiple residential zone (16.30) 3653 6/19/07 Amends § 8.48.215, parking (8.48) 3654 7/17/07 Repeals § 21.40.030(C)(1), height (Repealer) 3655 7/17/07 Amends §§ 5.05.010 and 17.35.040, poultry (5.05, 17.35) 3656 7/17/07 Adds § 1.04.040, council meetings (1.04) 3657 8/7/07 Adds § 7.30.036, sewer special connection districts (7.30) 3658 8/20/07 Rezone (Special) 3659 8/20/07 Rezone (Special) 3660 8/20/07 Amends 2007 budget (Special) 3661 8/20/07 Adds Ch. 4.98, constitutionally protected events (4.98) 3662 9/4/07 Street vacation (Special) 3663 9/18/07 Adds § 20.110.030(J); amends Ch. 18.40, prohibited rockeries (18.40, 20.110) 3664 9/18/07 Amends § 10.25.030, civil service commission (10.25) 3665 10/2/07 Rezone (Special) 3666 11/5/07 Rezone (Special) 3667 11/5/07 Adds § 8.48.166; amends §§ 8.48.175, 8.64.060 and 8.64.068(B), parking (8.48, 8.64) 3668 11/5/07 Adds §§ 4.68.390, 4.68.400 and 4.68.410, community antenna television systems (4.68) 3669 11/5/07 Amends §§ 10.90.010 and 10.90.020, Edmonds historic preservation commission (10.90) 3670 11/20/07 Adds Ch. 3.45, donations of property to city (3.45) 3671 11/20/07 Adds § 1.02.060, mid -biennial budget review and modification (1.02) 3672 11/20/07 Amends 2007 budget (Special) 3673 11/20/07 2008 tax levies (Special) 3674 11/20/07 Amends 2007-2008 budget (Special) 3675 11/20/07 Adds § 2.35.010(G), vacation and sick leave (2.35) 3676 1/15/08 Authorizes loans to Edmonds public facilities district (Special) 3677 1/15/08 Adds Ch. 5.60, graffiti (5.60) Ordinance Table Tables - 37 (Revised 1/08) Edmonds City Code City attorney Card playing See Gambling tax Vacancies 10. 16.020 Carnivals See Public amusements Cigarettes CATV systems See also Tobacco products sale Building moving 4.68.120 Possession by minor unlawful 5.46.070 CFAR (competitive franchise application rule) Circuses See Public amusements application Citizens' commission on compensation of elected fee, deposit 4.68.4 10 officials requisites 4.68.400 Compensation schedule recommendation 10.80.060 review, process 4.68.390 Duties 10.80.020 City costs Eligibility 10.80.030 apportionment 4.68.370 Members 10.80.040 reimbursement 4.68.360 Open meetings 10.80.070 Consistency with other regulations 4.68.380 Organization 10.80.050 Construction standards 4.68.080 Purpose 10.80.010 Definitions 4.68.010 Referendum applicability 10.80.080 Franchise Reimbursement exception 10.80.090 acceptance 4.68.050 City application 4.68.030 Boards, commissions external costs 4.68.250 attendance fee 4.68.160 exemptions 1.05.040 issuance 4.68.040 records 1.05.020 revocation 4.68.300 required 1.05.010 termination for noncompliance 4.68.3 10 council confirmation defined 10.01.010 terms 4.68.020 quorum 1.05.050 Indemnity, hold harmless agreements 4.68.320 vacancies, filling 1.05.030 Institutional networks Budget review, modification 1.02.060 capability, activation 4.68.220 Checks, insufficient funds, charges 3.50.020 city-wide interconnection 4.68.230 Claims See Claims against the city franchisee contributions 4.68.240 Classification Insurance 4.68.330 continuity 1.02.040 Meetings with city 4.68.170 effective date 1.02.020 Nondiscrimination 4.68.260 noncharter code city 1.02.010 Ownership transfers 4.68.280 Code See Code Performance bond 4.68.340 Council See Council Police power of city 4.68.060 Officers, employees See City officers, employees Property abandonment 4.68.290 Property, sales Public, educational and governmental access See also Equipment rental fund city-wide interconnection 4.68.210 authority 3.01.010 required 4.68.200 bids Rate schedule 4.68.140 call, notice 3.01.030 Records inspection 4.68.190 opening, rejecting 3.01.040 Right-of-way use 4.68.100 instruments of conveyance 3.01.050 Rules, regulations 4.68.070 minimum price 3.01.020 Safety requirements 4.68. 110 negotiated sales 3.01.060 Security, recourse against 4.68.350 Records, copying Service certification fees 1.20.060 continuity 4.68.270 exemptions 1.20.030 denial 4.68.150 fees System evaluation 4.68.180 charging, exceptions 1.20.040 Tree trimming 4.68.130 modifications 1.20.070 Undergrounding, landscaping 4.68.090 index 1.20.045 Cemetery board public disclosure 1.20.080 Alternate 10. 16.070 public records officer 1.20.010 Council supervision 10.16.060 request Maintenance funds 10.16.050 form 1.20.010 Meetings 10. 16.040 response 1.20.020 Membership, terms 10.16.010 transcriptions 1.20.050 Powers 10.16.030 City attorney Severability 10. 16.200 Compensation 2.05.030 Index -3 (Revised 1/08) City officers, employees Duties 2.05.020 Legal services contract 2.05.010 City officers, employees Assignment of duties 2.10.020 Benefit plan authorized 2.30.010 participation mandatory 2.30.020 Bonds See also Indemnification premium payments 2.40.020 refusing to give 2.40.030 required, amounts 2.40.010 Breaks 2.37.010 Compensation See Citizens' commission on compensation of elected officials 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 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 department 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 Scope 10.25.030 Terms, number limited 10.25.015 Violation, penalty 10.25.130 Claims against the city See also Advance travel expense revolving fund Auditing officer 2.25.010 Employees 2.25.040 List preparation 2.25.020 Paying 2.25.030 Statutory compliance 2.25.060 Travel expense reimbursement 2.25.050 Code See also Criminal code Adopted 1.01.005 Authority 1.01.020 Construction 1.01.035 Definitions 1.01.025 Effect on past actions, obligations 1.01.060 Grammatical interpretation 1.01.030 Headings 1.01.040 Prohibited acts 1.01.100 References to amendments 1.01.015 code citations 1.01.010 specific ordinances 1.01.050 Repeals not to revive 1.01.070 Severability 1.01.110 Superseding exclusions 1.01.090 provisions 1.01.080 Combined utility See also Water Accounting 7.60.020 Assistance fund 7.60.030 Water, sewer, stormwater utilities combined 7.60.010 Community development department Director, references to 2.10.050 Community impact statements See under Business license Community oriented open air markets Administration 4.90.110 Definitions 4.90.010 Exemptions 4.90.025 License application 4.90.090 (Revised 1/08) Index -4 Edmonds City Code 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 Concerts See Public amusements Concession agreements Description 4.04.010 Exemptions 4.04.040 Public property 4.04.020 Public right-of-way lease 4.04.030 Constitutionally protected events Definitions 4.98.010 Permit application, grounds for denial 4.98.030 conditions, appeal 4.98.040 required 4.98.020 revocation 4.98.050 Savings clause 4.98.070 Violation, penalty 4.98.060 Controlled substances See also Criminal code Drug paraphernalia, possession of 5.14.020 Poisons, statutes adopted 5.14.040 Statutes adopted 5.14.010 Steroids, statutes adopted 5.14.050 Toxic fumes, inhaling, statutes adopted 5.14.030 Violation, penalty 5.14.060 Council See also Public disclosure Executive assistant 2.10.060 Meetings cancellation 1.04.040 changing, notice posting 1.04.015 holidays 1.04.030 recesses, continuances 1.04.020 time, place 1.04.010 President 1.02.031 Terms of office 1.02.030 Vacancies, filling 1.02.035 Court See Municipal court Criminal code See also Specific Crime Conduct, statutes adopted 5.46.010 Construction of provisions 5.01.050 Contempt 5.01.040 Court costs 5.50.010 Defenses 5.01.030 Failure to sign notice, appear 5.01.045 Penalties 5.50.020 Principles of liability 5.01.020 Restitution 5.01.035 Severability 5.01.060 Statutes adopted by reference 5.01.010 Drugs amendments 5.01.070 Violations bureau bail accepting 5.48.030 establishing 5.48.020 forfeiture 5.48.040 court appearance 5.48.050 created 5.48.010 duties additional 5.48.070 designated 5.48.060 terms of reference 5.48.080 Criminal investigations fund Created, use 3.07.010 Custodial interference See Domestic violence ®1 Dances, public See also Cabarets; Teen dance halls Defined 4.40.010 License required, fees 4.40.020 Police presence 4.40.030 Violation, penalty 4.40.040 Datum line Established 9.05.010 Disability board Created, terms 10.30.010 Disasters Definitions 6.60.020 Disaster coordinator authority during disaster 6.60.050 preparation 6.60.040 Emergency management organization 6.60.035 Emergency operations plan 6.60.030 Liability immunity 6.60.070 Purpose of provisions 6.60.010 Severability 6.60.300 Temporary replacement of mayor 6.60.065 Violation, penalty 6.60.060 Disorderly conduct See also Public peace Designated 5.42.010 Dogs See Animal control Domestic violence See also Criminal code Anti -harassment orders 5.34.060 Court order, failure to obey 5.34.040 Custodial interference, statutes adopted 5.34.050 Harassment, statutes adopted 5.34.070 Statutes adopted 5.34.030 Donations to city Acceptance 3.45.030 Administration 3.45.010 Use 3.45.020 Downtown Edmonds Rideshare Program See Rideshare program Index -5 Drugs See also Controlled substances (Revised 1/08) Emergency response cost recovery Enforcement fund created 3.08.010 purpose, expenditures 3.08.020 unexpended funds 3.08.030 ODE Emergencies See Disasters Emergency call system misuse See 911 system misuse Emergency response cost recovery Intoxication -caused incidents 5.55.010 Equipment rental fund Accounting, recordkeeping 3.05.080 Administration 3.05.020 Charges, schedule 3.05.070 Created, established 3.05.010 Expenditures 3.05. 100 Income 3.05.040 Retention 3.05.110 Sale proceeds 3.05.060 Transfers 3.05.030 Use 3.05.050 Escape See also Criminal code Statutes adopted 5.40.030 Explosives See also Criminal code Prohibited 5.46.060 Exposure, public See Crimes under Public morals SM False alarms See also Criminal code; 911 system misuse Definitions 5.20.020 Emergency contact card 5.20.030 Fees 5.20.050 Notice 5.20.060 Purpose of provisions 5.20.010 Unlawful conduct 5.20.040 Violation, penalty 5.20.070 Fingerprinting service charges Established 3.50.010 Fire Crimes See also Criminal code outdoor burning ban 5.22.030 reckless burning, statutes adopted 5.22.010 statutes adopted 5.22.020 Fire apparatus cumulative reserve fund Created, use 3.09.010 Fire department See also Civil service commission; Disability board Chief, appointment 2.10.040 Emergency service provision 6.65.010 Pension board chairman pro tem 2.50.030 created 2.50.010 meetings, duties 2.50.050 quorum 2.50.040 secretary 2.50.020 Reserve fire fighters' relief and pensions annual fees, paying 2.60.040 enrollment 2.60.020 membership 2.60.030 number restricted 2.60.010 Fire donation fund Created, use 3.15.010 Firearms, dangerous weapons See also Criminal code Aiming, discharging 5.24.020 Court facilities 5.24.050 Dangerous weapons 5.24.014 Discharge prohibited 5.24.030 Forfeited 5.24.060 Knives defined 5.24.012 Liquor sale premises 5.24.040 Statutes adopted 5.24.010 Fireworks Applicability 5.27.160 Definitions 5.27.010 Enforcement 5.27.180 Public display permit application 5.27.080 fees 5.27.060 issuance, transferability 5.27.070 required 5.27.040 standards 5.27.120 Sale, possession, use prohibited 5.27.020 Signaling, forest protection 5.27.150 Special effects 5.27.140 Statutory applicability 5.27.170 Violation, penalty 5.27.210 Foot scooters See Motorized foot scooters Frauds, swindles See also Criminal code Defrauding a public utility, statutes adopted 5.28.030 False representation, statutes adopted 5.28.020 Statutes adopted 5.28.010 Fund See Specific Fund —G— Gambling tax Additional to other taxes 3.24.110 Administration, collection 3.24.040 Applicability, rate 3.24.020 Card games nonconforming uses 3.24.016 prohibited 3.24.015 Debt to municipality 3.24.130 Definitions 3.24.010 Engaging in business, notice 3.24.070 Payment failure to make 3.24.060 methods 3.24.050 over, under 3.24.090 quarterly, exceptions 3.24.030 (Revised 1/08) Index -6 Edmonds City Code Recordkeeping 3.24.080 Recovery limitations 3.24.140 Returns, failure to make 3.24.100 Rules, regulations 3.24.120 Severability 3.24.300 Violation, penalty 3.24.200 Garbage collection See Litter; Recycling; Solid waste Graffiti Appeal, abatement, cost recovery 5.60.060 Definitions 5.60.020 Policy declaration, findings 5.60.010 Prohibited acts 5.60.030 Public nuisance declaration 5.60.040 notice 5.60.050 Remedies not exclusive 5.60.080 Severability 5.60.090 Trust fund 5.60.070 —H— Harassment See Domestic violence Health care facilities See also Criminal code; Quiet zones under Noise Interference with 5.34.080 Health officer Appointment 6.10.010 Duties 6.10.020 Notices 6.10.070 Nuisance abatement 6.10.030 Quarantines establishing 6.10.050 persons leaving 6.10.060 Smallpox reports 6.10.040 Violation, penalty 6.10.100 Hearing examiner See also Public disclosure Office created, duties 10.35.0 10 Historic preservation commission Composition 10.90.020 Established 10.90.010 Powers, duties 10.90.040 Rules of procedure 10.90.050 Staff assistance 10.90.060 Terms 10.90.030 Horse taxis See also Taxicabs Definitions 4.85.010 Driver's license 4.85.100 License application 4.85.030 display 4.85.140 expiration 4.85.040 fees 4.85.125 photographs 4.85.130 required 4.85.020 transfers 4.85.050 Loading areas 4.85.090 Rates, charges 4.85.060 Jail facilities Recordkeeping 4.85.070 Restrictions 4.85.080 Violations 4.85.150 Hospitals See Health care facilities Hotel See Lodging tax; Transient accommodations under Business license —I— Illegal discharges to stormwater system, watercourses See also Combined utility; Stormwater management utility Abatement 7.200.180 Administration 7.200.040 Appeal 7.200.160 Applicability 7.200.030 Best management practices 7.200.110 Clean Water Act 7.200.190 Compensatory action 7.200.210 Criminal prosecution 7.200.230 Definitions 7.200.020 Discharges construction 7.200.090 industrial 7.200.090 monitoring 7.200.100 prohibition 7.200.070 Enforcement after appeal 7.200.170 general 7.200.140 Injunctive relief 7.200.200 Penalties, collection 7.200.150 Public nuisance 7.200.220 Purpose 7.200.010 Remedies not exclusive 7.200.240 Responsibility to meet higher standards imposed 7.200.060 Severability 7.200.050 Spill notification 7.200.130 Superseding effect 7.200.250 Utility service suspension 7.200.080 Watercourses pollution 6.70.010 protection 7.200.120 Initiative, referendum Powers adopted 1.08.010 Insurance See Medical self-insurance Interfund loans Authorization 3.22.010 Repayment 3.22.030 Reports 3.22.020 —J— Index -7 Jail facilities Statutes adopted 2.90.010 Kegs See under Liquor 01,49 (Revised 1/08) Leasehold tax —L— Law enforcement officers See Police Leasehold tax Administration, collection 3.30.030 Contract with state 3.30.060 Exemptions 3.30.040 Imposed 3.30.010 Penalties failure to pay 3.30.070 late payments 3.30.080 Rate 3.30.020 Records inspection 3.30.050 Severability 3.30.300 Legal services See City attorney Libel See under Public peace Library Board appointment, terms 10.50.010 powers, duties 10.50.020 Fund administration 10.50.040 survival 10.50.030 Property See also Criminal code unlawful possession 5.46.040 License Adult entertainment facility 4.52.060 Businesses 4.72.020 Cabarets 4.48.030 Cat 5.05.025 Community oriented open air market 4.90.020 Dog 5.05.020 Horse taxi 4.85.020 Massage parlors, bathhouses 4.50.030 Motor vehicle wreckers 4.11.020 Pawnbroker 4.75.010 Peddlers, solicitors, street vendors 4.12.020 Pool, billiards, arcades 4.24.010 Public amusements 4.32.020 Public dance 4.40.010 Security guard 5.40.070 Sound trucks 4.56.010 Taxicab 4.60.020 Teen dance halls 4.44.020 Utility occupations 3.20.030 Liquor See also Alcoholic beverages License investigation, hearing 4.20.010 Malt, by the keg definitions 4.22.010 purchaser's duties 4.22.030 receipt, form 4.22.040 seller's duties 4.22.020 violation, penalty 4.22.050 Litter Definitions 6.40.020 Enforcement 6.40.200 Gutters, sweeping into 6.40.090 Handbills distribution 6.40.160 posted property 6.40.150 public places 6.40.120 vacant property 6.40.140 vehicles 6.40.130 Interpretation of provisions 6.40.230 Littering, pollution, statutes adopted 5.46.020 Prohibited 6.40.030 Property owner responsibility 6.40.110 Purpose of provisions 6.40.210 Receptacles damaging 6.40.060 inspections 6.40.190 maintenance 6.40.070 placement 6.40.040 using 6.40.050 Severability 6.40.220 Sidewalks, merchant duties 6.40. 100 Title of provisions 6.40.010 Vehicle litter bags 6.40.080 loads 6.40.180 Violation, penalty 6.40.240 Local improvements Area reduction 3.40.140 Bids, call, notice 3.40.090 Bonds form 3.40.030 records 3.40.040 Contracts awarding 3.40. 100 estimated costs, warrants 3.40. 110 retainers, lien 3.40.080 Delinquent assessments foreclosure proceedings attorney's fees 3.40.060 commencing 3.40.055 payment acceleration 3.40.050 Fixed estimate 3.40.120 Fund creation 3.40.070 Guarantee fund established 3.11.010 payments 3.11.020 use 3.11.030 Proceedings initiation 3.40.020 methods 3.40.010 Statutory applicability 3.40.130 Lodging tax Administration, collection 3.34.050 Advisory committee appointment, expiration 10.70.040 created 10.70.010 duties 10.70.030 membership 10.70.020 review 3.34. 100 Collection agent 3.34.030 (Revised 1/08) Index -8 Edmonds City Code Convention/performing arts center fund created 3.34.060 County tax credit 3.34.020 Effective date 3.34.090 Imposed 3.34.010 Sales tax deduction 3.34.040 Severability 3.34.080 Violation, penalty 3.34.070 Lost, unclaimed property Severability 3.02.040 Statutes adopted intangible property 3.02.020 lost and found 3.02.0 10 police department possession 3.02.030 _M_ Malt liquor See under Liquor Massage parlors, bathhouses Admission restricted 4.50.220 Advertising 4.50.230 Definitions 4.50.010 Employees age restrictions 4.50.200 change of employment 4.50.170 license application, renewals 4.50.055 required 4.50.080 unlicensed 4.50.2 10 Exemptions 4.50.020 Hours of operation 4.50.160 License application, renewals 4.50.050 health authority approval 4.50.070 investigations 4.50.060 denial, hearing 4.50.140 displaying 4.50.270 fees 4.50.040 issuance 4.50.130 required 4.50.030 suspension, revocation 4.50.250 term 4.50.260 Liquor, controlled substances 4.50.150 List of services 4.50.180 Premises, inspections 4.50.240 Severability 4.50.290 Standards 4.50.190 Violation, penalty 4.50.280 Mayor See also Public disclosure Administrative assistant, references to 2.01.020 Duties 2.01.010 Executive assistant 2.10.070 Full-time position 2.01.040 Salary 2.01.050 Medical self-insurance Advisory board compensation 10.31.040 duties 10.31.060 Municipal court established 10.31.010 meetings 10.31.050 membership 10.31.020 terms 10.31.030 Meeting rooms Charges 3.50.040 Minors See also Criminal code; Tobacco products sale Delinquency, contributing to, statutes adopted 5.12.020 Statutes adopted 5.12.010 Motel See Lodging tax; Transient accommodations under Business license Motion picture exhibitions See Public amusements Motor vehicle Excise tax collection procedure 3.26.050 effective date 3.26. 110 exemption 3.26.030 internal combustion engine limitations 3.26.070 levied 3.26.020 parking facilities construction 3.26.080 purpose of provisions 3.26.010 right-of-way acquisition 3.26.090 schedule, basis 3.26.040 severability 3.26. 100 use of funds 3.26.060 Moving to extend time limit for parking 8.48.162 Noise See under Noise Wreckers See Wreckers Motorized foot scooters Regulations 8.36.010 Seizure, forfeiture 8.36.020 Violation, penalty 8.36.030 Municipal arts fund See also Public art acquisition fund Appropriations 3.13.040 Commission responsibilities 3.13.050 Construction projects 3.13.030 Created 3.13.060 Definitions 3.13.020 Donations 3.13.080 Expenditures, hearing 3.13. 100 Public projects exemptions 3.13.090 Purpose of provisions 3.13.010 Municipal court Bail See Violations bureau under Criminal code Case transfers 2.15.180 Civil cases, juries 2.15.220 Criminal complaints 2.15.140 process 2.15.240 Employees 2.15.050 Established 2.15.010 Hours 2.15.080 Judges appointment, qualifications 2.15.030 pro tem 2.15.060 removing 2.15.210 Index -9 (Revised 1/08) 911 system misuse salaries 2.15.040 vacancies 2.15.070 Jurisdiction 2.15.020 Pleadings, practice, procedure 2.15.160 Revenues, disposition 2.15.260 Seal 2.15.200 Sentences, suspensions, deferrals 2.15.120 —N- 911 system misuse Definitions 5.21.020 Designated 5.21.030 Fees 5.21.040 Notice 5.21.050 Penalties See also Fees established 5.21.060 Purpose of provisions 5.21.010 Service resumption 5.21.070 Narcotics See Controlled substances; Drugs Newspaper, official Designated 1.03.010 Noise Complaints 5.30.140 Definitions 5.30.020 Exemptions daytime hours 5.30.110 designated 5.30.100 Maximum permissible sound levels designated 5.30.040 modifications 5.30.050 Motor vehicle noises mufflers 5.30.080 road test 5.30.070 stationary test 5.30.060 tires 5.30.090 Policy declaration 5.30.010 Public disturbance noises 5.30.130 Quiet zones criteria 5.30.210 designated 5.30.240 established 5.30.200 noise prohibited 5.30.230 sign posting 5.30.220 Severability 5.30.160 Unlawful sounds 5.30.030 Variances 5.30.120 Violation, penalty 5.30.150 Notice See also Newspaper, official Posting places 1.03.020 Publication affidavit 1.03.040 ordinance effective dates 1.03.030 Nuisances See also Criminal code Abatement authorized 6.20.130 care of property 6.20.140 expenses, liability 6.20.150 health officer duties 6.10.030 notice 6.20.040 Animal pens 6.20.120 Awning posts 6.20. 100 Designated 6.20.030 Garbage hauling 6.20.010 Putrid substances 6.20.020 Slaughtering 6.20.070 Spoiled food, selling 6.20.080 Statutes adopted 5.36.050 Street obstructions 6.20.090 Violation, penalty 6.20.050 it.Z Obstructing justice See also Criminal code Statutes adopted 5.40.020 Occupation tax Amounts 3.20.050 Appeals 3.20.160 Businesses commencing during tax year 3.20.090 sale, transfer 3.20. 110 Cellular phones income allocations 3.20.155 rate changes 3.20.156 Definitions 3.20.020 Exceptions, deductions 3.20.060 License application 3.20.070 duration 3.20.040 posting, unlawful use 3.20.190 required 3.20.030 Licensing power 3.20.010 Monthly payments 3.20.080 Nonpayment, remedies 3.20.150 Overpayment, underpayment 3.20.140 Recordkeeping 3.20.120 Returns, investigations 3.20.130 Rules, regulations 3.20.180 Severability 3.20.220 Subpoena powers 3.20.170 Unlawful acts 3.20.200 Vio�ation, penalty 3.20.210 Open space Taxation relief application fees 3.32.010 —P— Parades Permit applications 8.08.030 denial 8.08.060 exceptions 8.08.020 fee 8.08.040 required 8.08.010 Vehicle licensing 8.08.050 (Revised 1/08) Index -10 Edmonds City Code Parking Angle compliance 8.48.137 required 8.48.135 Applicability 8.48.110 Chalk marks 8.48.165 Disabled persons 8.48.169 Driveways, distance from 8.48.125 Employee permit parking program definitions 8.51.020 fund created 8.51.045 permit issuance 8.51.040 temporary, validation required 8.51.042 purpose of provisions 8.51.010 three-hour parking exemption 8.51.030 unlawful activities, permit revocation 8.51.050 violation, penalty 8.51.060 Fishing pier parking lot 8.48.500 Holidays designated 8.48.140 Impairing traffic flow 8.48.190 Impoundment authority 8.48.600 defined 8.48.601 hearings 8.48.608 method 8.48.605 notice after 8.48.604 to owner 8.48.606 without prior 8.48.603 record 8.48.613 redemption 8.48.607 state statutes adopted 8.48.602 towing, storage contracts financial responsibility 8.48.611 generally 8.48.610 limited to nonconsensual 8.48.614 Motorcycles 8.48.166 Moving vehicle to extend limit 8.48.162 Overnight, residential areas 8.48.180 Ownership presumptions 8.48.220 Pay parking lots, city See also Fishing pier parking lot definitions pay parking lot 8.48.300 pay parking stall 8.48.320 designating 8.48.380 overtime parking 8.48.350 permits, monthly alteration 8.48.410 obtaining 8.48.330 placement 8.48.390 required 8.48.340 reserved spaces 8.48.400 Posting required 8.48.170 Public property 8.48.175 Residential zones permit appeals 8.52.100 Parks trust fund applications 8.52.030 clerk duties 8.52.090 contents 8.52.040 defined 8.52.010 eligibility 8.52.020 expiration 8.52.050 issuance limitations 8.52.015 revocation 8.52.080 visitor's 8.52.060 severability 8.52.300 unlawful acts 8.52.070 violation, penalty 8.52.200 visitor parking 8.52.065 Restrictions, additional 8.48.120 Single space 8.48.167 Streets designated Schedule 111 8.48.130, 8.64.030 Schedule IV 8.48.140, 8.64.040 Schedule IV -A 8.48.145, 8.64.045 Schedule V 8.48.150, 8.64.050 Schedule VI 8.48.160, 8.64.060 Schedule VI -A 8.48.155, 8.64.065 Schedule VI -B 8.48.155, 8.64.067 Schedule VI -C 8.48.161, 8.64.068 Unlicensed vehicle 8.48.168 Violation infractions 8.48.215 notice failure to respond 8.48.210 issuance 8.48.200 Parks See also Boating code Brackett's Landing Shoreline Sanctuary nuisances 5.32.130 permits 5.32.120 prohibited acts 5.32. 110 Closing hours special, posting 5.32.020 standard 5.32.010 Definitions 5.32.005 Fishing pier 5.32.100 Horses 5.32.050 Intoxicants 5.32.040 Marine life, collecting permit required 5.32.105 shellfish enforcement 5.32.108 statutes adopted 5.32.107 Underwater parks beaches adjacent to 5.32.080 diving, special permission 5.32.090 prohibited acts 5.32.070 regulations 5.32.060 scuba, skin diving 5.32.085 Vehicles prohibited 5.32.030 Violation, penalty 5.32.140 Parks trust fund Administration 3.16.020 Created 3.16.010 Index -11 (Revised 1/08) Pawnbrokers Pawnbrokers Ammunition sales, storage 4.75.150 Definitions 4.75.030 Exemptions 4.75.020 Inspections 4.75. 110 Interest rates 4.75.160 License application 4.75.060 denial, revocation 4.75.070 fees 4.75.040 hearings 4.75.080 required 4.75.010 Locations 4.75.050 Police authority 4.75.035 holds 4.75.170 Property retention 4.75.140 Recordkeeping 4.75. 100 Seller, consignee duty to provide true name 4.75.120 restrictions 4.75.180 Transaction record, furnishing 4.75.130 Violation, penalty 4.75.190 Peddlers Appeals 4.12.085 Definitions 4.12.010 License applications 4.12.040 carrying 4.12.070 fees 4.12.030 investigations 4.12.050 issuance, expiration 4.12.060 required 4.12.020 revocation 4.12.080 Penalties 4.12. 100 Purchase order forms 4.12.090 Restrictions 4.12.065 Severability 4.12. 110 Street vendors 4.12.055 Permit Aircraft landing 4.80.020 CATV systems 4.68.020 Constitutionally protected events 4.98.020 Employee parking 8.51.040 Marine life, collecting 5.32.105 Parade 8.08.010 Residential parking 8.52.010 Rideshare program 8.49.040 Personnel See City officers, employees Planning board Appointment, powers, duties 10.40.020 Purpose of provisions 10.40.010 Police See also Civil service commission; Criminal code; Disability board Chief, appointment 2.10.030 Corps program civil service integration 2.95.030 participation authorized 2.95.020 recitals, findings 2.95.010 Dogs, interfering with, abusing 5.40.040 Impersonation 5.40.060 Vehicles, resemblance to 5.40.050 Pool, billiards, arcades Arcade locations, hours of operation 4.24.027 License applications 4.24.025 denial 4.24.040 fees 4.24.020 investigation 4.24.026 required 4.24.010 revocation 4.24.050 Pool, billiard room locations, hours of operation 4.24.030 Violation, penalty 4.24.100 Property Crimes See also Criminal code malicious mischief, statutes adopted 5.36.020 theft, statutes adopted 5.36.010 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 (Revised 1/08) Index -12 Edmonds City Code 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 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 Stormwater management utility 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; Water Sex offenders Registration of 5.38.140 Shorelines See under Parks Sidewalks Construction abutting property designated 9.20.040 assessment notice 9.20.030 definitions 9.20.010 expenses 9.20.020 Enforcement 9.20.090 Repair, maintenance responsibility planting strips 9.20.060 procedures, costs 9.20.080 sidewalks 9.20.050 transition strips 9.20.070 Sister city commission Created 10.60.010 Expenditures 10.60.050 Funds acceptance 10.60.040 Meetings 10.60.020 Organization 10.60.030 Skateboards, roller skates See also Criminal code Restrictions 5.46.050 Slander See under Public peace Solicitors See Peddlers Solid waste See also Recycling County system applicability 7.70.020 Definitions 7.70.010 Interlocal agreement 7.70.040 Unlawful disposal 7.70.030 Sound trucks License required, fees 4.56.010 Violation, penalty 4.56.020 Stormwater management utility See also Combined utility; Illegal discharges to stormwater system, watercourses Administrative rate adjustment 7.50.060 Administrator 7.50.020 Created 7.50.010 Property transfer 7.50.040 Rates, charges 7.50.050 System adoption 7.50.030 development charge 7.50.070 Index -13 (Revised 1/08) Street Street Compression brakes 8.32.050 See also Traffic Control devices 8.32.070 Obstructions Definitions 8.04.010 1 penalties 9.25. 100 business district 8.04.150 violations designated 9.25.010 central traffic district 8.04.140 Vendors See Peddlers garage keeper 8.06.050 highway 8.04.015 — T — road 8.04.015 Tax See Specific Tax street 8.04.015 Fines, forfeitures Taxicabs disposition 8.60.020 See also Horse taxis official misconduct 8.60.030 Appeals 4.60.130 Funeral processions 8.32.010 Definitions 4.60.010 Model Traffic Ordinance License See also Statutes application adopted 8.06.010 contents 4.60.040 sections not adopted 8.06.020 form 4.60.030 One-way streets approval 4.60.060 designated 8.24.010 drivers 4.60.080 restrictions 8.32.030 fees, expiration date 4.60.090 Schedule I 8.64.010 insurance 4.60. 100 signage 8.24.020 investigation 4.60.050 violation, penalty 8.24.030 issuance 4.60.070 Parades See Parades required 4.60.020 Parking See Parking revocation, suspension, denial 4.60.120 Playing in streets 8.32.025 Prohibited activities 4.60.110 Skateboards See Skateboards, roller skates Severability 4.60.300 Speed limits Violation, penalty 4.60.140 parks 8.16.070 Teen dance halls state laws Age restrictions 4.44.072 applicability 8.16.010 Definitions 4.44.010 decreasing 8.16.020, 8.16.040 License increasing 8.16.030 application 4.44.040 violation, penalty 8.16.015 denial 4.44.050 Statutes exemption, payment waiver 4.44.030 See also Model Traffic Ordinance location, operator limitations 4.44.078 adopted 8.06.040 required, fees 4.44.020 sections not adopted 8.06.030 revocation 4.44.070 Street closures, Schedule IX 8.64.090 Official access 4.44.076 Title of provisions 8.04.001, 8.06.001 Readmission fees 4.44.074 Trains, blocking streets 8.32.040 Threatening Truck routes 8.56.010 See also Criminal code Vehicles restricted 8.56.030 Misdemeanor 5.34.020 Violation Tobacco products sale See also Specific Violation See also Criminal code penalty 8.04.002, 8.32.080, 8.60.010 Definitions 5.15.010 Warrant issuance 8.60.090 Identification 5.15.030 Weight limitations, Schedule VIII 8.64.080 Notice posting 5.15.040 Vending machines 5.15.020 _'U _ Violation, penalty 5.15.050 Traffic Use tax See Sales, use tax Alcoholic beverages in vehicles 8.32.060 Utilities Arterial highways See also Combined utility; Water Schedule II 8.64.020 Bills, delinquency charges 7.10.025 stops Tax See Occupation tax designated 8.28.010 signs 8.28.020 — V violation, penalty 8.28.030 Vehicles See Abandoned vehicles; Motor vehicles (Revised 1/08) Index -14 Edmonds City Code Video games See Pool, billiards, arcades Violations bureau See under Criminal code _W_ Wastewater pretreatment Abbreviations 7.90.040 Accidental discharge/slug control plans 7.91.110 Administration 7.90.020 Appeals 7.97.090 Charges, fees 7.102.010 Compliance, monitoring facilities monitoring 7.95.020 inspections, sampling 7.95.010 orders 7.97.040 search warrants 7.95.030 vandalism 7.95.040 Confidential information 7.96.010 Conflicts of provisions 7.102.030 Definitions 7.90.030 Discharge permit requirements dangerous waste constituents 7.92.030 generally 7.92.020 industrial user surveys 7.92.010 Enforcement See also Violation, penalty cease and desist orders 7.97.060 compliance orders 7.97.040 consent orders 7.97.030 contract termination 7.99.050 emergency suspensions 7.97.070 injunctive relief 7.98.010 notification of violation 7.97.020 nuisance declaration 7.99.040 remedies nonexclusive 7.98.040 show' cause hearing 7.97.050 state responsibility 7.97.010 termination of discharge 7.97.080 water supply severance 7.99.030 Facilities requirements 7.91.080 Financial assurances 7.99.020 Nonliability of city 7.102.040 Performance bonds -7:99.010 Purpose, policy 7.90.010 Reporting requirements dangerous waste constituents 7.93.030 records disclosure 7.93.010 keeping 7.93.040 unpermitted users 7.93.020 Sampling analytical requirements 7.94.020 city monitoring 7.94.030 generally 7.94.010 Savings 7.102.050 Septic tank wastes 7.91.120 Severability 7.102.020 Standards See also Facilities requirements additional measures 7.91.100 compliance deadline 7.91.090 dilution 7.91.070 local limits 7.91.040 national 7.91.020 prohibited discharge 7.91.010 revision rights 7.91.050 special agreements 7.91.060 state requirements 7.91.030 Violation, penalty See also Enforcement civil 7.98.020 criminal prosecution 7.98.030 defense bypass 7.100.030 discharge standards 7.100.020 upset 7.100.010 Water See also Combined utility Backflow prevention abatement procedures 7.20.060 cross -connections prohibited 7.20.020 definitions 7.20.010 device installation 7.20.030 private supply systems 7.20.040 state regulations adopted 7.20.050 violation, penalty 7.20.070 Cross -connections See Backflow prevention Fire service connections applications 7.40.010 expense 7.40.020 metering 7.40.030 service charges 7.40.040 violation, penalty 7.40.050 Rates, charges connection special 7.30.045 utility 7.30.035 definitions 7.30.010 designated 7.30.040 low income deductions authorized 7.30.070 misrepresentations, penalties 7.30.090 meters Index -15 installation charges 7.30.030 single-family residences 7.30.020 severability 7.30.060 sewer special connection districts 7.30.036 unauthorized use 7.30.050 Service accounting 7.10.020 applications 7.10.010 billing adjustments 7.10.110 city access buildings 7.10.040 curb cocks, meters 7.10.050 connections required 7.10.065 responsibility 7.10.120 Water (Revised 1/08) Weeds delinquency charge 7.10.025 dormant 7.10.140 enforcement 7.10.063 meter inspection request 7.10.080 pipe 7.10.130 pressure corrections 7.10.150 repairs, temperature valves 7.10.170 stop, waste valves 7.10.160 suspension, procedure 7.10.030 turnon, turnoff charges 7.10.070 unlawful acts 7.10.180 Shortages, use limitations authorization 7.10.060 city powers 7.10.061 enforcement See under Service surcharge 7.10.062 Watercourses See Illegal discharges to stormwater system, watercourses Weapons See Explosives; Firearms, dangerous weapons Weeds See also Nuisances Abatement inspection 6.30.020 notice 6.30.030 refusal, failure 6.30.040 Noxious plants prohibited 6.30.0 10 Violation, penalty 6.30.050 Wreckers Business location, appearance 4.11.050 Definitions 4.11.010 License required 4.11.020 Penalties 4.11.060 Recordkeeping 4.11.030 Severability 4.11.300 Unlawful activities 4.11.040 (Revised 1/08) Index -16