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Edmonds City Code Supplement 56SUPPLEMENT DIRECTIONS EDMONDS CITY CODE Updated by: Supplement No. 56 — July 2012 Dated: 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 3869 through 3889, passed June 19, 2012. Remove these pages Insert these pages Table of Contents 1 — 5 ........................................................... — ..... 1 5 Table of Revised Pages 1-4 ................................................................ 1-4 Title 2 1............................................................................ 1 14.1-16.................................................. 15-16.2 Title 3 Title 4 Title 5 Title 7 Title 8 45-46.2 — .................................................. 45 46.2 3-4 ................................................................ 3-4 11-12.2 .................................................. 11-12.2 1............................................................................ 1 9 —12b ........................................................ 9 —12b 15-18 ...................................................... 15 —18b 1............................................................................ 1 17-18.2b .............................................. 17-18.2b 26.1-30 .................................................. 27-30.2 33-37 ........................................................ 33-37 (Revised 7/12) Remove these pages Insert these pages Title 10 1...................................................................... 1 25-26 ...................................................... 25 — 26b Ordinance Table 41........................................................................ 41 Index 3-4 ............................................................. 3-4.2 13-16 ........................................................ 13-16 P� lease call Code Publishing Company (206-527-6831) should questions arise while removing and replacing supplement pages. (Revised 7/12) 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 16 1.20 Copies, Certifications and Transcriptions of City Records .................... 12 1.99 Limits on Campaign Contributions......................................................... 14 Title 2 City Officials and Personnel 2.01 Mayor........................................................................................................3 2.05 City Attorney............................................................................................ 4 2.06 Indemnification of Employees and Officers ............................................. 5 2.10 Confirmation and Duties of City Officers ................................................ 8 2.12 Fire Department........................................................................................ 9 2.15 Municipal Court...................................................................................... 10 2.20 Salary Payments...................................................................................... 15 2.21 Special Duty Pay..................................................................................... 16 2.25 Payment of Claims, Demands and Vouchers ....................................... 16.1 2.30 Municipal Employees Benefit Plan ......................................................... 19 2.35 Vacation and Sick Leave......................................................................... 19 2.36 Military Leave...................................................................................... 24.2 2.37 Miscellaneous Leave and Break Provisions ........................................ 24.4 2.40 Bonds for Officers.................................................................................. 25 2.50 Firemen's Relief and Pension System .................................................... 25 2.60 Reserve Fire Fighters' Relief and Pension Act ....................................... 26 2.70 Retirement System.................................................................................. 27 2.80 Repealed..................................................................................................28 2.90 Jail Facilities........................................................................................... 29 2.95 Police Corps Program............................................................................. 29 Title 3 Revenue and Finance 3.01 Sale of City Property ................................................................................. 3 3.02 Lost and Unclaimed Property ................................................................... 4 3.04 Financial Reporting................................................................................... 6 3.05 Equipment Rental Fund......................................................................... 6.1 3.07 Criminal Investigation Contingency Fund ................................................ 9 3.08 Drug Enforcement Fund......................................................................... 10 Contents -1 (Revised 7/12) 3.09 Repealed..................................................................................................10 3.10 Emergency Reserve Finance Fund ...................................................... 10.1 3.11 Local Improvement Guarantee Fund ...................................................... 11 3.13 Municipal Arts Fund............................................................................... 12 3.14 Repealed...............................................................................................14.1 6 3.15 Repealed...............................................................................................14.1 4.22 3.16 Parks Trust Fund..................................................................................14.1 Game Licenses........................................................................................ 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 3.65 Transportation Benefit District............................................................... 46 3.70 Conflict of Interest.................................................................................. 47 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.................................................................................. 54.3 4.74 Repealed..................................................................................................55 4.75 Pawnbrokers............................................................................................56 (Revised 7/12) Contents -2 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 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 ................................................. 26 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 5.65 Repealed..................................................................................................68 Title 6 Health and Sanitation 6.10 Health Officer - Duties............................................................................. 3 6.20 Nuisances.................................................................................................. 4 6.30 Noxious Weeds...................................................................................... 8.2 6.40 Litter Control......................................................................................... 8.3 6.50 Repealed..................................................................................................14 6.60 Disaster Preparation and Coordination................................................... 14 6.65 Edmonds Fire Department - Provision of Emergency Services ............. 19 6.70 Repealed..................................................................................................19 Contents -3 (Revised 7/12) 6.80 Plastic Bag Reduction............................................................................. 20 Title 7 Utility Charges and Regulations 7.10 Water Service............................................................................................ 3 7.20 Backflow Prevention................................................................................. 8 7.30 Water Rates and Sewer Charges............................................................. 10 7.40 Fire Protection Water Service................................................................. 14 7.50 Stormwater Management Utility............................................................ 16 7.60 Combined Utility.................................................................................. 18a 7.70 Solid Waste Management.................................................................... 18.1 7.80 Solid Waste Recycling............................................................................ 19 7.90 Wastewater Pretreatment - General Provisions ...................................... 23 7.91 Wastewater Pretreatment - General Requirements ................................ 31 7.92 Wastewater Pretreatment - Wastewater Discharge Permit 18.10 8.51 Requirements.......................................................................................... 41 7.93 Wastewater Pretreatment - Reporting Requirements ............................. 43 7.94 Wastewater Pretreatment - Sampling and Analytical Requirements ..... 44 7.95 Wastewater Pretreatment - Compliance Monitoring .............................. 45 7.96 Wastewater Pretreatment - Confidential Information ............................ 47 7.97 Wastewater Pretreatment - Administrative Enforcement Remedies...... 47 7.98 Wastewater Pretreatment - Judicial Enforcement Remedies ................. 51 7.99 Wastewater Pretreatment - Supplemental Enforcement Action ............. 52 7.100 Wastewater Pretreatment - Affirmative Defenses to Discharge Violations................................................................................................ 53 7.101 Reserved..................................................................................................55 7.102 Wastewater Pretreatment - Miscellaneous Provisions ........................... 56 7.200 Illicit Discharges..................................................................................... 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......................................................................... 12 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.................................................... 27 8.56 Regulating Traffic on Certain Highways ................................................ 30 8.60 Enforcement.........................................................................................30.1 8.64 Schedules of Designated Streets............................................................. 31 (Revised 7/12) Contents -4 Title 9 Streets and Sidewalks 9.05 Datum Line............................................................................................... 3 9.20 Sidewalk Construction.............................................................................. 3 9.25 Street Obstruction..................................................................................... 9 Title 10 Boards and Commissions 10.01 Council Confirmation............................................................................... 3 10.05 Architectural Design Board...................................................................... 3 10.15 Building Board of Appeals....................................................................... 5 10.16 Cemetery Board........................................................................................ 5 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................................................................................... 19 10.40 Planning Board....................................................................................... 20 10.50 Public Library Board.............................................................................. 21 10.60 Edmonds Sister City Commission.......................................................... 22 10.70 Lodging Tax Advisory Committee......................................................... 24 10.75 Citizens Economic Development Commission ...................................... 25 10.80 Citizens' Commission on Compensation of Elected Officials ............. 26a 10.90 Edmonds Historic Preservation Commission ......................................... 27 10.95 Citizens' Tree Board.............................................................................. 30 Tables Index Contents -5 (Revised 7/12) 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 3889, passed June 19, 2012. Page Revised Date Preface ...................... . 1/08 ............................................ Table of Contents 1,2 ........................................................................ 7/12 3,4 ............................................................... ......... 7/12 5............................................................................. 7/12 Title 1 1 ...............................................•. ............ ............... 5/10 3,4 ...............................•---.-----.............................. 5/10 5,6 .--......................................................... 1/08 7,8 ......................................................................... 1/11 9,10 ...................................................... I................ 1/11 11, 12..................................................................... 1/11 12.1, 12.2............................................................... 1/11 13,14 ..................................................................... 5/10 15........................................................................... 5/10 Title 2 - 1............................................................................. 7/12 3,4 ....................................................................... 11/98 5,6 ............................................................................ - 7, 8......................................................................... 1/10 9,10 ....................................................................... 1/10 11,12 ..................................................................... 1/10 13,14 ..................................................................... 2/02 15,16 ..................................................................... 7/12 16.1, 16.2............................................................... 7/12 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............................................................... 2/09 24.3, 24.4............................................................... 2/09 25,26 ..................................................................... 6/99 27,28 ..................................................................... 5/00 29,30 ..................................................................... 5/00 Title 3 1............................................................................. 5110 Page Revised Date 3,4 ............................................................................ - 5, 6...........................................................----.------... 5/10 6.1, 6.2...................................................---........... 5/10 7,8 ......................................................................... 6/05 9, 10....................................................................... 8/11 10.1, 10.2............................................................... 1/10 11,12 ........................................................................ - 13, 14........................................................................ - 14.1, 14.2............................................................... 1/12 15,16 .................................................................... 2/03 17,18 ....................................---.............................. 7/09 18.1, 18.2............................................................... 3/05 19,20 ........................................................................ - 21, 22..................................................................... 7/07 23,24 ..................................................................... 1/08 24.1, 24.2............................................................. 11/00 25,26 ................. ...................................................... - 27, 28................................................................... 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 ..................................................................... 7/12 46.1, 46.2............................................................... 7/12 47,48 ..................................................................... 8/08 Title 4 I............................ ......................................... 8/11 3,4 ....................................... :............. .................... 7/12 4.1, 4.2.............................................................. 12/06 5,6 ...........................................................---..........1 1/05 7,8 ......................................................................... 1/05 9, 10....................................................................... 1/05 10.1, 10.2............................................................ 1/05 11,12 ........................................................................ - 13, 14........................................................................ - Revisions -1 (Revised 7/12) Table of Revised Pages Page Revised Date 15,16 ........................................................................ 35, 36.................................................................... 17,18 ........................................................................ 36.1, 36.2.............................................................. 19,20 ................................................................1... 5/03 21,22 ........................................................................ - 23, 24........................................................................ - 25, 26............................................................. ...... . 5/03 26.1, 26.2.............................................................. 5/03 27,28 ........................................................................ - 29, 30 ...................................................... 7/07 30.1, 30.2 ......... :................ :....... .............. .............. 7/07 31,32 ........................................................................ - 33,34 ........................................................................ -- 35, 36.................................................................... 8/96 36.1, 36.2.............................................................. 8/96 36.3, 36.4.........................................................•.... 8/96 36.5, 36.6........................................................... 5/03 36.7, 36.8.............................................................. 8/96 36.9, 36.10............................................................ 8/96 36.11, 36.12 ....................................... :.................. 8/96 36.13, 36.14 .......................................... :............... 8/96 37,38 ........................................................................ ............................................................... 5/09 39,40 ........................................................................ 17,18 ............. -....................... ............................... 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 54.3, 54.4............................................................... 8/11 54.5, 54.6............................................................... 8/11 55,56 .................................................................... 1/10 57,58 .................................................................... 1/10 59,60 ........................................................................ - 61,62 ........................................................................ - 63, 64.................................................................... 5/03 65,66 ................................................................. 7/09 66.1, 66.2........................................................... 7/09 67,68 ............,. .......................................................... - 69, 70........................................................................ - 71,72 .................................................................... 1/08 73,74 .................................................................... 1/08 75.......................................................................... 1/08 Title 5 1 ........................................................................ 1/10 3, 4........................................................................ 8/99 5,6 ............................................................................ 7,8 ........................................................................ 1/12 9,10 ...................................................................... 1/08 Page Revised Date 11,12 ..................................................................... 7/12 12.1, 12.2 ............................................................... 7/12 13,14 ..................................................................... 5/10 15,16 ..................................................................... 5/10 16.1, 16.2 ............................................................... 5/10 17,18 ..................................................................... 1/12 19,20 ..................................................................... 1/12 20a, 20b................................................................. 8/08 20.1, 20.2 ............................................................... 5/03 20.3, 20.4 ............................................................... 5/09 21,22 ........................................................................ 17,18 ............. -....................... ............................... 23, 24 .. ............................................................... 7/09 25,26 ..................................................................... 7/09 26.1, 26.2 ............................................................... 7/09 27,28 ........................................................................ - 28.1, 28.2 ............................................................... 6/99 29,30 ..................................................................... 8/11 31,32 ........................................................................ 33,34 ..................................................................... 2/03 35,36 ..................................................................... 5/03 36.1, 36.2 ............................................................... 5/03 37,38 .---................................................................. 5/02 39,40 ............... ......................................................... - 41, 42....... ............................................................ 12/03 42.1, 42.2 ............................................................. 12/03 43,44 ........................................................................ - 45, 46........................................................................ - 47, 48..................................................................... 2/00 49,50 ..................................................................... 2/00 51,52 ....................... ............................................ 8/11 52.1, 52.2 ......................... •.---....•.................... 8/11 53,54 ..................................................................... 8/96 55,56 ..................................................................... 8/96 57,58 .................................................................... 7/97 59,60 ..................................................................... 7/09 60.1, 60.2 ............................................................... 7/09 61,62 ........................................................................ - 63, 64 ...................................... ..... ......... ................ 5/00 65, 66..................................................................... 1/08 67,68 ............................. ....................................... 1/10 Title 6 1............................................................................. 1/10 3,4 ................................................... .......... ........... 2/09 5,6 ......................................................................... 7/09 7, 8......................................................................... 2/09 8.1, 8.2................................................................... 2/09 8.3, 8.4................................................................... 2/09 9,10 .......................................................................... - 11, 12..................................................................... 8/01 13,14 ..................................................................... 8/02 15,16 ..................................................................... 8/02 17,18 ............. -....................... ............................... 5/98 19, 20.................................................................... 5/10 (Revised 7/12) Revisions -2 Edmonds City Code Page Revised Date 21........................................................................... 1/10 Title 7 3,4 ............................................................................ 1............................................................................. 7/12 3,4 ......................................................................... 7/07 5,6- .................................................................... . - 7/09 6.1, 6.2................................................................... 7/09 7,8 ............................................................................ 9,10 ....................................................................... 7/12 11, 12..................................................................... 7/12 12a, 12b................................................................. 7/12 12.1, 12.2............................................................... 5/10 12.3, 12.4............................................................... 5/10 13,14 ..................................................................... 7/07 15,16 ..................................................................... 7/12 17,18 ..................................................................... 7/12 18a, 18b................................................................. 7/12 18.1, 18.2............................................................... 5/03 19,20 ........................................................................ - 21,22 ..................................................................... 7/09 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 ..................................................................... 1/10 59,60 ..................................................................... 1/10 61,62 ..................................................................... 1/10 63,64 ..................................................................... 1/10 65,66 ..................................................................... 1/10 67,68 ..............................................:...................... 1/10 Title 8 1............................................................................. 7/12 3,4 ............................................................................ 18.1, 18.2............................................................... 5,6 ............................................................................ 18.2a, 18.2b........................................................... 7,8 ....................................................................... 11/98 9,10 .......................................................................... - 11,12 ..................................................................... 1/05 13,14 ........................................................... ......... 1/08 15, 16 .... ...................•--•---------- ............................. 11/05 Table of Revised Pages Page Revised Date 17,18 ................................................................... 7/12 18.1, 18.2............................................................... 7/12 18.2a, 18.2b........................................................... 7/12 18.3, 18.4............................................................... 2/09 18.5, 18.6............................................................. 11/05 18.7, 18.8.............................•------......----.............. 11/05 18.9, 18.10 ...............•........................................ 11/05 19, 20 - --.• ............... .................................................. -- 21, 22........................................................................ 11/08 23,24 ..................................................................... 1/10 25,26 ..-•---.......... .................................................. 1/10 27,28 ..................................................................... 7/12 29,30 ..................................................................... 7/12 30.1, 30.2 ............ ................................................... 7/12 31,32 ................................................................... 12/06 33,34 ..................................................................... 7/12 35,36 ..................................................................... 7/12 37........................................................................... 7/12 Title 9 1........................................................................... 12/96 3, 4- ..................................................................... 12/96 5,6 ....................................................................... 12/96 7,8 ....................................................................... 12/96 9,10 ....................................... ... ........ .....I .......... ... 12/96 Title 10 1............................................................................. 7/12 3,4 ............................................................................ - 5, 6......................................................................... 1/11 7,8 ............................................ ............................ 1/11 9,10 ....................................................................... 1/08 11,12 ................................................................... 11/08 13,14 .................................•--.---........................... 11/08 15,16 ................................................................... 11/08 16.1, 16.2............................................................. 11/08 17,18 ................•-.•----............................................. 6/05 19,20 ..................................................................... 7/09 20.1, 20.2............................................................... 7/09 21,22 .................................................... .... I............ 8/11 23,24 ........................................................----........ 2/98 25,26 ..................................................................... 7/12 26a, 26b................................................................. 7/12 26.1, 26.2..................................................•............ 7/09 27,28 ..................................................................... 7/12 29,30 ..................................................................... 7/12 31........................................................................... 7/12 Ordinance Table 1,2 ......................................................................... 2/09 3,4 ......................................................................... 2/00 5,6 ......................................................................... 2/09 7,8 ......................................................................... 8/04 9,10 ..................................................................... 11/05 11,12 ................................................................... 11/05 Revisions -3 (Revised 7/12) Table of Revised Pages Page Revised Date 13,14 .................................................................... 11/05 15,16 .................................................................... 2/09 17,18 .................................................................... 1/10 19,20 .................................................................... 7/09 21,22 ..................................................................... 1/11 22.1, 22.2.............................................................. 1/11 23,24 .................................................................... 7/09 25,26 ........ ............................................................ 8/11 27,28 ..................................................................... 8/11 29,30 ..................................................................... 1/11 31,32 .................................................................... 1/10 33,34 ..................................................................... 8/11 35,36 ..................................................................... 8/11 37,38 ..................................................................... 8/11 39,40 .................................... ................................... 1/12 41.... .............................................................. . 7/12 Index 1,2 ........................................................................ 1/12 3,4 ....................................................................... 7/12 4.1, 4.2.................................................................. 7/12 5,6 ........................................................................ 5/10 7,8 ..................................................... ................ 8/11 9,10 ................................................................... 2/09 11,12 .................................................................... 1/10 13,14 .................................................................... 7/12 15,16 .................................................................... 7/12 (Revised 7/12) Revisions -4 Title 2 CITY OFFICIALS AND PERSONNEL Chapters: Page 2.01 Mayor....................................................................................................3 2.05 City Attorney........................................................................................4 2.06 Indemnification of Employees and Officers.........................................5 2.10 Confirmation and Duties of City Officers............................................8 2.12 Fire Department....................................................................................9 2.15 Municipal Court ..................................................................................10 2.20 Salary Payments..................................................................................15 2.21 Special Duty Pay.................................................................................16 2.25 Payment of Claims, Demands and Vouchers...................................16.1 2.30 Municipal Employees Benefit Plan ....................................................19 2.35 Vacation and Sick Leave ................................................. ...19 2.36 Military Leave..................................................................................24.2 2.37 Miscellaneous Leave and Break Provisions ....................................24.4 2.40 Bonds for Officers..............................................................................25 2.50 Firemen's Relief and Pension System................................................25 2.60 Reserve Fire Fighters' Relief and Pensions Act.................................26 2.70 Retirement System..............................................................................27 2.80 Repealed..............................................................................................28 2.90 Jail Facilities.......................................................................................29 2.95 Police Corps Program.........................................................................29 2-1 (Revised 7/12) Edmonds City Code ited with the city or town treasurer as a part of the general fund of the city or town, or depos- ited in such other fund of the city or town, or deposited in such other funds as may be desig- nated by the laws of the state of Washington. B. The city treasurer shall remit monthly 32 percent of the money received under this sec- tion, other than for parking infractions, to the state treasurer. Money remitted under this sub- section to the state treasurer shall be deposited as provided in RCW 43.08.250. C. The balance of the money received under this section shall be retained by the city and deposited as provided by law. [Ord. 2538 § 2, 1985]. 2.20.020 Chapter 2.20 SALARY PAYMENTS Sections: 2.20.010 Bimonthly payments authorized. 2.20.020 Application of personnel policies to exempt employees. 2.20.010 Bimonthly payments authorized. The city clerk is directed to pay the salaries of officials and employees of the city of Edmonds on the fifth and the twentieth day of each month unless such employee is paid once a month, in which case he shall be paid on the fifth day of each month. [Ord. 1440 § 2, 1969]. 2.20.020 Application of personnel policies to exempt employees. Employees of the city whose duties enable them to be classified as exempt employees under the terms of the federal Fair Labor Stan- dards Act are salaried employees. Regardless of which exemption an employee qualifies for, the provisions of these ordinances and person- nel policies shall always be interpreted to ensure that the salaried status of the employee is honored. In the event of any apparent conflict between the provisions of these ordinances or the city's personnel manual, the requirements of the federal Fair Labor Standards Act or the provisions of federal regulation enacted to implement them, such regulations and federal requirements shall control. By way of illustra- tion and not limitation, such ordinances and personnel policies shall be applied to salaried and exempt employees to ensure that: A. The salaries of such employees shall not be reduced in the event of absences of less than one day. Accrued accumulated sick, compen- satory, vacation and other leave banks may be debited to the extent accrued and as permitted by federal statute and regulation. B. The compensatory time program insti- tuted in accordance with the provisions of per- sonnel policy and administrative practice are 2-15 (Revised 7/12) 2.21.010 intended as an additional benefit to the employee. It permits the employee flexible use of accrued time off in a manner consistent with their status as public servants. The city under- stands and acknowledges that an exempt employee is responsible for the performance of his/her duties and that such employee is ulti- mately answerable to the mayor as the chief administrative officer of the city for the appro- priate performance of duties, regardless of the length of time necessary to perform such duties. The city's compensatory program has been implemented in order to better account for such exempt employees' time to the public and to ensure that time off accrued as compensation for attendance at night meetings and other time consuming exercise of public duties which occur outside of normal working hours may be compensated for by blocks of time off at a later date in the nature of a holiday or vacation rather than time off taken in absences of less than a day, which may not have the utility for the exempt employee nor benefit all parties by pro- viding a usable, scheduled block of time off at a time convenient both to the employee and to the city. C. The disciplinary policies of the city shall not be interpreted to permit the use of a sus- pension without pay as a method of discipline for an exempt employee except for violations of safety rules of major significance. In deter- mining whether a violation of a safety rule of major significance has occurred, the city's per- sonnel manager and mayor are directed to fed- eral statutory and case law and the regulations established by the Department of Labor to implement the Fair Labor Standards Act. [Ord. 2993, 1994]. (Revised 7/12) 2-16 Chapter 2.21 SPECIAL DUTY PAY Sections: 2.21.010 Authorization. 2.21.020 Special duties — Defined. 2.21.030 Special duty pay. 2.21.010 Authorization. The mayor is authorized to pay any manager or director level employee special duty pay in addition to that person's regular compensation when the mayor has temporarily assigned spe- cial duties to that person. No employee may receive special duty pay for longer than one year without city council approval. [Ord. 3881 § 1, 2012]. 2.21.020 Special duties — defined. "Special duties" are defined as those duties not included as primary duties and responsibil- ities in the employee's official job description and not otherwise associated with the employee's position. [Ord. 3881 § 1, 2012]. 2.21.030 Special duty pay. Special duty pay shall consist of up to 10 percent of the employee's salary at the time the special duties are assigned. The mayor is authorized to grant to each such employee up to five percent for special duty pay at the mayor's discretion, and shall be based upon the scope of the additional responsibilities identified by the mayor. If the mayor deter- mines that special duty pay above five percent is warranted for a particular employee, the mayor will be authorized to grant up to 10 per- cent for special duty pay upon prior approval by the city council. [Ord. 3881 § 1, 2012]. Edmonds City Code Chapter 2.25 PAYMENT OF CLAIMS, DEMANDS AND VOUCHERS Sections; 2.25.010 City auditing officer. 2.25.020 Preparation of list of claims, demands and vouchers. 2.25.030 Payment of claims, demands and vouchers. 2.25.040 Claims, demands and vouchers presented by officers and employees. 2.25.050 Travel authorization and expense reimbursement policies. 2.25.060 Compliance with state law for damage claims. 2.25.010 City auditing officer. The administrative services director shall serve as the city auditing officer and shall act as auditor for the city for all claims, demands and vouchers presented to the city council for approval, except those claims, demands or vouchers submitted pursuant to ECC 2.25.040. Such claims, demands and vouchers shall be prepared for audit and payment on a form pro- viding for the authentication and certification by the auditing officer that the materials have been furnished, the services rendered or the labor performed as described, and the claim, demand or voucher is a just, true and unpaid obligation against the city. [Ord. 2873 § 1, 1992]. 2.25.020 Preparation of list of claims, demands and vouchers. The accounting manager shall prepare a list of all claims, demands and vouchers presented to the city and to be examined by the auditing officer. [Ord. 2873 § 1, 19921. 2.25.030 Payment of claims, demands and vouchers. No claim, demand or voucher may be paid until approved by the city council unless the 2.25.030 following conditions are met: A. The mayor and the auditing officer who are designated to sign the checks or warrants shall each be furnished an official bond for the faithful discharge of his or her duties in an amount determined by the city council, but not less than $50,000; B. The city council has adopted contract- ing, hiring, purchasing and disbursing policies that implement effective internal control; C. The council president shall be desig- nated as the auditing committee for the city council. The council president shall review the documentation supporting claims paid and review for approval by the city council at its next regular public meeting all checks or war- rants issued in payment of any claim, demand or voucher. A list of each claim, demand or voucher approved and each check or warrant issued indicating the check or warrant number, the amount paid and the vendor or payee shall be filed in the city council office for review by individual councilmembers prior to each regu- larly scheduled public meeting; and D. The city council shall require that if, upon review, it disapproves a claim, demand or voucher, the auditing officer and the officer designated to sign the checks or warrants shall jointly cause the disapproved claim, demand or voucher to be recognized as a receivable of the city and shall pursue collection diligently until the amounts disapproved are collected or until the city council is satisfied and approves the claim, demand or voucher. Notwithstanding the fact that all of the above conditions are met, the city council may stipu- late that certain kinds or amounts of claims, demands or vouchers shall not be paid before the city council has reviewed the supporting documentation and approved the issue of checks or warrants in payment of those claims, demands or vouchers. [Ord. 2896 § 1, 1992; Ord. 2873 § 1, 1992]. 2-16.1 (Revised 7/12) This page left intentionally blank. (Revised 7/12) 2-16.2 Edmonds City Code scribe a rate lower than that permitted in the FCC Benchmark Rate Tables or more than 10 percent less than the cable company's Septem- ber 30, 1992 per channel rate, whichever is higher. D. The cable company shall first make its presentation, followed by the presentation of the city staff entering its analysis and recom- mendations, if any. Then all interested parties who have filed an objection to the rate increase shall be heard. Finally, members of the public shall be heard. The staff should be given a brief opportunity to respond and the company may conclude with rebuttal, addressing new infor- mation raised by the staff, interested parties or the public. The mayor shall set reasonable time limits for the presentation of the respective parties; provided, that the time established for individual public comments may by limited to three minutes per person. [Ord. 2968, 1994]. 3.60.110 Notice and hearing procedures — Cost of service showing. The general hearing procedures outlined in ECC 3.60. 100 shall apply to an application by the company for a basic service rate above the benchmark rate provided that: A. The company shall submit a cost -of -ser- vice showing prepared in accordance with FCC regulations sufficient to support a finding that the rates are reasonable. It shall make 10 copies available in conjunction with its initial application for public inspection and use at the hearing. B. If the cable company submits a cost -of - service showing, that showing supersedes any benchmark/rollback provisions established by the FCC. The city council may prescribe what- ever rate it finds justified by the cost -of -ser- vice showing, utilizing generally accepted accounting principles, utility rate regulation principles, and the review of criteria in 47 CFR §§ 76.922 to 76.925 as the same exist or are hereafter amended, even if that rate is below the system's benchmark and more than 10 per - 3.60.140 cent below the system's September 30, 1992 rates. [Ord. 2968, 19941. 3.60.120 Refunds. The city may order the company to refund to subscribers that portion of previously paid rates determined to be unreasonable. However, the company's liability for refunds is generally limited to a one-year period and shall not go beyond September 1, 1993, the effective date of the FCC rules. [Ord. 2968, 1994]. 3.60.130 Use of administrative hearing officer. The city council may, in its sole discretion, elect to have its hearing conducted by its hear- ing examiner. In the event that a hearing is conducted by the hearing examiner, the hear- ing examiner shall present his or her proposed findings of fact, conclusions and recommenda- tions to the city council. Prior to adoption of such findings, the city council shall hold a pub- lic hearing at which the company, any inter- ested parties who filed an objection to the rate increase, and any member of the public may be heard. The purpose of this public hearing will be for the company, interested parties and the public to comment on the proposed findings and recommendations and shall not itself be an evidentiary hearing. Having heard the com- ments of the company, interested parties and the public, the city council may adopt the rec- ommendations of the hearing examiner, reverse or modify the hearing examiner's determination based upon the record before the hearing examiner, or remand the matter back to the hearing examiner for the taking of further evidence and testimony. [Ord. 2968, 1994]. 3.60.140 Appeals. An appeal from any order or decision of the city council regarding any rate increase shall be solely to the FCC pursuant to 47 CFR § 76.944 as the same exists or is hereafter amended. Such appeal shall be filed within 30 3-45 (Revised 7/12) 3.65.010 days. Appeals from other decisions of the city council regarding the franchise shall be filed in the Snohomish County Superior Court within 10 business days of the date notice of decision is issued. Nothing herein shall be interpreted to limit the right of any citizen or the city to file a complaint with the FCC regarding any com- pany activity in accordance with 47 CFR § 76.953 et seq. [Ord. 2968, 1994]. (Revised 7/12) 3-46 Chapter 3.65 TRANSPORTATION BENEFIT DISTRICT Sections: 3.65.010 Establishing transportation benefit district. 3.65.020 Governing board. 3.65.030 Functions of the district. 3.65.040 Transportation improvements funded. 3.65.050 Dissolution of district. 3.65.010 Establishing transportation benefit district. There is created a transportation benefit dis- trict, to be known as the Edmonds transporta- tion benefit district or "district," with geographical boundaries comprised of the cor- porate limits of the city as they currently exist or as they may exist following future annex- ations. [Ord. 3707 § 2, 2008]. 3.65.020 Governing board. A. The governing board of the transporta- tion benefit district shall be the Edmonds city council acting in an ex officio and independent capacity, which shall have the authority to exercise the statutory powers set forth in Chap- ter 36.73 RCW. B. The treasurer of the transportation bene- fit district shall be the city finance director. C. The public records officer of the trans- portation benefit district shall be the city clerk. D. The board shall develop a material change policy to address major plan changes that affect project delivery or the ability to finance the plan, pursuant to the requirements set forth in RCW 36.73.160(1). At a minimum, if a transportation improvement exceeds its original cost by more than 20 percent, as iden- tified in the district's original plan, a public hearing shall be held to solicit public comment regarding how the cost change should be resolved. Edmonds City Code E. The board shall issue an annual report, pursuant to the requirements of RCW 36.73.160(2). [Ord. 3872 § 1, 2012; Ord. 3707 § 2, 2008]. 3.65.030 Functions of the district. A. The district board may authorize a vehi- cle fee of up to $20.00 per vehicle as provided for by RCW 82.80.140. When authorized by the voters pursuant to the requirements of Chapter 36.73 RCW, other taxes, fees, charges and tolls or increases in these revenue sources may be assessed for the purposes provided for in the subsections of this section. 1. Pursuant to the initial authorization of Ordinance 3707, the district board may and has authorized a vehicle fee of up to $20.00 per vehicle as provided for by RCW 82.80.140 for the purpose of the preservation, maintenance and operations of the city streets. 2. As authorized by the voters pursuant to the requirements of Chapter 36.73 RCW, additional taxes, fees, charges and tolls or increases in those revenue sources may be assessed for the construction, reconstruction, updating or improvement of public transporta- tion facilities shown on the Edmonds compre- hensive plan and transportation improvement plan. This additional function of the district has been authorized by ordinance amendment in compliance with the provisions of Chapter 36.73 RCW. These additional transportation projects authorized pursuant to the vote of the transportation benefit district shall be deemed funded and effective when approved by a vote of the people in accordance with the provisions of state law. The projects authorized shall be limited to those specifically identified in the proposition put to the voters. B. Additional transportation improvements may be added to the functions of the district upon compliance with Chapter 36.73 RCW. 3.65.040 C. The board shall have and exercise all powers and functions provided for by Chapter 36.73 RCW in order to fulfill the functions of the district. [Ord. 3804 § 1, 2010; Ord. 3707 § 2, 2008]. 3.65.040 Transportation improvements funded. Two separate sets of functions have been established by ordinance for the transportation benefit district. The funds generated by a vehi- cle fee of up to $20.00 per vehicle authorized by the board in accordance with RCW 82.80.140 shall be used solely for transporta- tion improvements that preserve, maintain and operate the existing transportation infrastruc- ture of the city, consistent with the require- ments of Chapter 36.73 RCW. Upon authori- zation by the voters, additional funds from other taxes, fees, charges and tolls or increases in these revenue sources may be utilized for the construction of transportation improve- ments specifically described in the proposition submitted to the voters. Funds raised from either revenue source may be utilized for any lawful purpose under Chapter 36.73 RCW, but all funds raised through the TBD shall be expended only for the purposes specified, i.e.: A. For the preservation, maintenance and operation of the existing city street transporta- tion improvement infrastructure; or B. For projects specifically designated in a ballot proposition approved by the voters and utilizing the funding source approved by the voters. Such improvements are intended to comply with the provisions of the Growth Manage- ment Act and the city's comprehensive plan and reduce the risk of transportation facilities' failure, improve safety, continue the cost effectiveness of the city's infrastructure improvements and to encourage the optimum use of the transportation system. Additional transportation improvement projects may be funded only after compliance with the provi- sions of RCW 36.73.050(B) following notice, 3-46.1 (Revised 7/12) 3.65.050 public hearing and enactment of an additional authorizing ordinance. [Ord. 3804 § 2, 2010; Ord. 3707 § 2, 2008]. 3.65.050 Dissolution of district. The transportation district has been autho- rized to fulfill two separate functions. Each function of the district shall expire and be dis- solved upon its completion. A. Street preservation, maintenance and operation are ongoing, long-term obligations of the city. In order to comply with the disso- lution requirement of RCW 36.73.050, a street resurfacing cycle of 20 years was adopted and the district shall be deemed authentically dis- solved with respect to the function of street preservation, maintenance and operation 18 years from the effective date of the original Ordinance 3707, to wit, November 28, 2026. B. Upon authorization by the voters, the additional transportation improvements spe- cifically described in the proposition shall be deemed authorized. In accordance with the dissolution requirements of RCW 36.73.050, the powers, duties and functions of the district shall be deemed dissolved with respect to such voter -approved projects when all indebtedness of the districts with regard to such projects has been retired and all transportation improve- ments described in such project list have been completed. Upon dissolution with respect to these functions, the voters' authorization for funding to construct such funding shall be deemed to automatically expire. Nothing herein shall be interpreted to prohibit the Edmonds city council on the recommendation of the Edmonds transportation benefit district to dissolve the district in whole or in part and/or reformulate it in accordance with the provisions of RCW 36.73.050. [Ord. 3804 § 3, 2010; Ord. 3707 § 2, 2008]. (Revised 7/12) 3-46.2 Edmonds City Code Chapter 4.04 CONCESSION AGREEMENTS Sections: 4.04.010 Concession agreements. 4.04.020 Concession agreements on public property. 4.04.030 Leases of public right-of-way. 4.04.040 Exemptions. 4.04.010 Concession agreements. A concession agreement is a lease of public property or city right-of-way. Decisions to lease city property or public right-of-way are legislative decisions to be granted at the sole discretion of the city council. By way of illustration and not limitation, a concession agreement may provide for the lease of public property or right-of-way for private use to vend food, beverages, or mer- chandise, provide classes or other forms of instruction for a fee or other valuable consider- ation, rent bicycles, roller skates, fishing equipment or other uses which the city council, in its sole discretion, believes are consistent with the public's full use and enjoyment of park, public property or right-of-way, or enhance the general atmosphere of the com- munity. [Ord. 3869 § 1, 2012; Ord. 3604 § 1, 2006]. 4.04.020 Concession agreements on public property. A. "Public property" shall mean any prop- erty in fee by the city of Edmonds. B. Concession agreements may be granted at the sole discretion of the city council from time to time as it deems appropriate, with the exception that the mayor shall have the discre- tion to grant certain seasonal concession agreements, subject to the limitations set forth in subsection (D) of this section. The revenue from the lease of public property shall accrue to the general fund; provided, however, that concession agreements for lease of property 4.04.030 owned, purchased or utilized by a utility or other special purpose fund shall accrue to that fund. C. Such agreements shall be approved by the city council in a form created and approved by the city attorney. The lessee shall provide proof of insurance in a minimum of $1,000,000 per occurrence and $5,000,000 in the aggregate, or as recommended by the Washington Cities Insurance Authority, and shall fully indemnify and hold harmless the city, its officers, agents, employees and volun- teers. D. Concession agreements relating to park property shall comply in all respects with the park plan adopted as a part of the city's com- prehensive plan. A concession agreement shall be approved only if, at the determination of the parks and recreation director, it is in line with the goals and objectives of that plan, and is appropriate for the particular park(s) in which the concession is to be located. Seasonal con- cession agreements, which are defined as those under which the vendor operates the conces- sion only during the annual high season (usu- ally May through September), may be granted by the mayor without city council approval or public hearing requirements. Seasonal conces- sion agreements may be located in regional or community parks only, as defined in the park plan, and are subject to annual review and approval by the mayor and the parks and recre- ation director prior to renewal. E. Concession agreements relating to city property other than city park property shall be approved only after a public hearing. Notice of the public hearing shall be posted at the site sought for lease by a concessionaire. Conces- sion agreements for city park property are not subject to public hearing requirements. [Ord. 3869 § 1, 2012; Ord. 3604 § 1, 2006]. 4.04.030 Leases of public right-of-way. A. "Public right-of-way" shall mean prop- erty held for street or alley purposes and shall typically be limited to unopened city right -of - 4 -3 (Revised 7/12) 4.04.040 way. The lease of public right-of-way devel- oped for street purposes shall incorporate applicable terms from the street use provisions of Chapter 18.70 ECDC. B. Any concession agreement for the lease of unopened street right-of-way shall confer no vested right on the lessee. Any concession or lease agreement drafted by the city attorney shall provide that it may be terminable at the will of the city council with or without cause. On termination, a pro -rated portion of the lease payment shall be returnable to the concession- aire or lessee. C. The lessee shall provide proof of insur- ance in a minimum of $1,000,000 per occur- rence and $5,000,000 in the aggregate and shall fully indemnify and hold harmless the city, its officers, agents, employees and volun- teers. [Ord. 3607 § 1, 2006; Ord. 3604 § 1, 2006]. 4.04.040 Exemptions. Persons leasing property from the city through a concession agreement shall obtain a city business license. The use of property leased under a concession agreement shall be consistent with the uses permitted in the adja- cent zone. "Adjacent zone" means that zoning, other than public zoning or right-of-way desig- nation, which is closest to the area leased. In the event that differing zones are equidistant from the leased property, the more restrictive use provisions of an adjacent zone shall be applied. [Ord. 3604 § 1, 2006]. (Revised 7/12) 4-4 Chapter 4.08 AMBULANCE OPERATORS (Repealed by Ord. 2532) 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 1 st of each year, the applicant shall pay the following late fees in addition to the regular fee set forth in subsec- tion C of this section: a. Unspayed and unneutered dogs: $18.00; b. Spayed and neutered dogs: $10.00. 2. Whenever any person shall come into charge, care or control of any dog, the original license application and fee therefor shall become due and payable within 30 days of said date, and the late fee provided above shall be imposed 60 days after the date said license fee and application become due and payable. F. Fee Waiver — Blind and Disabled. Guide and service dogs, as defined in subsection (B)(3) of this section, certified to assist the impaired, and service dogs certified to assist the disabled, may be issued a permanent license at no charge upon the request of a blind or otherwise impaired owner. G. Enforcement Procedure. All dogs not licensed under this section, or who do not exhibit the metal identification tag provided for in subsection C of this section, are declared to be public nuisances and shall be impounded as provided in ECC 5.05.126. [Ord. 3451 § 1, 2003]. 5.05.025 Cat licensing. A nonmandatory lifetime cat license is available, upon request of the owner, for pur- poses of identification. The fee for such license shall be $5.00. [Ord. 3451 § 1, 2003]. 5.05.040 5.05.030 Fees authorized. A. In addition to the cost of publication of any notices required by this chapter, prior to the release of animals, animals in the custody of the animal control authority or its agents, to the registered owners of said animals, the ani- mal control authority shall charge fees under this chapter as follows: 1. Impound: $20.00. 2. Impound and room fees: $15.00/day for the first 72 hours of custody (or the actual cost incurred, whichever is greater). 3. All other services: cost incurred. B. Prior to the adoption of animals in the custody of the animal control authority or its agent, the animal control authority shall charge fees under this section as follows: 1. Veterinary exam and spay/neuter fees for male or female canines or felines which have not been spayed or neutered: $50.00 (deposit only, shall be refundable as provided in ECC 5.05.127.1(B)). 2. Adoption administration: $15.00 fee. C. In addition, the contracted animal shelter provider shall be entitled to collect a reason- able room and board fee. [Ord. 3486 § 1, 2004; Ord. 3471 § 1, 2003; Ord. 3451 § 1, 2003]. 5.05.040 Animal bites to be reported. Every animal which bites a person shall be promptly reported to the animal control authority and shall thereupon be securely quar- antined at the direction of the animal control authority for a period of 10 days. At the discre- tion of the animal control authority, such quar- antine may be on the premises of the owner, at the shelter designated as the city's animal shel- ter or, at the owner's option and expense, in a veterinary hospital of the owner's choice. When an animal's owner is unknown, such quarantine shall be at the shelter designated as a city animal shelter or at a veterinary hospital. [Ord. 3486 § 1, 2004; Ord. 3451 § 1, 2003]. 5-11 (Revised 7/12) 5.05.050 5.05.050 Running at large prohibited. A. Except as provided in subsection (C) of this section, it shall be a civil violation for the owner or person having charge, care, custody or control of any animal, with the exception of cats, to allow such animal to run at large during any hours of the day or night; provided how- ever that fourth and subsequent violations shall be misdemeanor offenses. This section shall not apply to seeing eye or hearing ear dogs or dogs owned by the city or other law enforcement agencies and maintained as police K-9 units while under the custody and control of the trainer or handler. Any animal found running at large may be seized and impounded. B. It shall be the duty of a person who takes into their possession any stray animal not owned by them or not placed in their posses- sion by the person having the lawful custody and control thereof, to notify the animal con- trol authority or police within 24 hours and to release such animal to the city officer upon demand and without charge. C. Dogs may be allowed to run at large only in the marked, fenced Puget Sound area gener- ally described as the Marina Beach Off -Leash Area, located at 498 Admiral Way, south of the Marina Beach Park. This designated off -leash dog park area shall be open daily from dawn until dusk unless otherwise posted. D. All dogs that enter into the designated off -leash dog park area shall be licensed, cur- rent with all shots, healthy, and wearing a col- lar and identification at all times. Dogs that are ill or injured, in heat, or that have been declared dangerous or potentially dangerous are not permitted to use the designated off - leash dog park area. E. Any person or persons who take a dog into the designated off -leash dog park area shall: 1. Have physical control of the dog by means of an adequate leash when entering and leaving the off -leash area. (Revised 7/12) 5-12 2. Keep the dog in view and maintain voice control at all times. 3. Immediately remove the dog upon the first sign of aggression. 4. Discourage the dog from digging, and fill any holes created by the dog. 5. Be responsible and liable for the behavior and actions of the dog and any inju- ries caused by the dog. 6. Carry equipment/bags for removing feces, and place feces deposited by the dog(s) in an appropriate waste receptacle. 7. Have no more than three dogs in the off -leash area in his or her possession or con- trol. 8. Supervise your children below 12 years of age. 9. Comply with Edmonds park rules and regulations, including no food, beverages, smoking, alcohol use, picnicking or camping, which are expressly prohibited in the desig- nated off -leash dog park area. Firearms and fireworks are not permitted. [Ord. 3887 § 1, 2012; Ord. 3645 § 1, 2007; Ord. 3451 § 1, 2003]. 5.05.060 Dogs on public grounds. A. It shall be unlawful for an owner to allow any dog to stray and/or enter with or without a leash or other means of restraint upon any school ground, playfield, park, beach, waterfront or other public property. B. Notwithstanding the restrictions set forth in subsection (A) of this section, dogs accompanied by their owners may be walked or exercised while on leash in the following areas. The phrase "on leash" and references to pathways or walkways shall be interpreted to mean on a leash restricting the dog to an area on or within six feet of the pathway surface. 1. The inner trails of Yost Park, in the area commonly known as the Shell Valley area; and 2. Marina Beach Park, in the area south of the Union Oil loading terminal, such area being further described to be a walking strip of Edmonds City Code 50 feet in width at the entrance of and along the east end of Marina Beach Park South; and 3. The asphalted pathways in Sierra Park; and 4. The inner trails of Pine Ridge Park; and 5. All trails in Maplewood Park; and 6. The southeast wooded area of City Park; and 7. The turf area of Mathay-Ballinger Park; and 8. The asphalted pathways of Seaview Park; and 9. The paved and wooded walkways (approximately 3,500 linear feet) of Hickman Park; and 10. The Sunset Avenue overlook, being defined as the city -owned area west of Sunset Avenue between Bell Street and Caspers Street; and 11. The paved walkways at Haines Wharf Park; and 12. The pathways of Hutt Park. C. All dogs permitted in the areas desig- nated in subsection (B) of this section shall be on a leash except for dogs permitted in Marina Beach Park South. D. Nothing herein shall be determined to require the posting of notices to exclude ani- mals; provided, however, that such postings may be undertaken at the discretion of the manager of parks and recreation. E. The regulations under ECC 5.05.070 relating to animal waste and the removal and proper disposal of said waste will be strictly enforced. [Ord. 3816 § 1, 2010; Ord. 3451 § 1, 2003]. 5.05.070 Animal waste. A. It shall be unlawful for the owner or per- son having charge of any animal to permit, either willfully or by failure to exercise due care, such animal to commit a public nuisance by defecating in any area of the city other than the premises of the owner or person having charge or control of the animal, unless said 5.05.090 owner or person having charge takes immedi- ate steps to remove and properly dispose of said feces. B. It shall be unlawful for the owner or per- son having charge of any animal to take said animal off of the private property of said per- son without having in the possession of the owner or person having charge of the animal a proper means of disposal for the feces of the animal. C. "Disposal" is defined, for the purposes of this section, as the removal of feces by means of a bag, scoop or other device and an eventual disposal in a trash receptacle, by burying or by other means of lawful disposal. [Ord. 3451 § 1, 2003]. 5.05.080 Confining dogs in season. The owner or person having charge of any unspayed female dog shall confine such dog in a building or enclosed area during the period such dog is in season. [Ord. 3451 § 1, 2003]. 5.05.090 Rabies notice. A. If an animal is believed to have rabies or has been bitten by an animal suspected of hav- ing rabies, such animal shall be confined on the owner's premises and shall be subject to examination and observation of a veterinarian at the expense of the owner for a period of 10 days. The owner shall notify the city of the fact that his animal has been exposed to rabies and the animal control authority is empowered to have such animal removed from the owner's premises to a veterinary hospital for observa- tion for a period of up to 10 days at the owner's expense. B. It is unlawful for any person knowing or suspecting an animal has rabies to allow such animal to be taken off the owner's premises without the written permission of the animal control authority. Every owner or other per- son, upon ascertaining an animal is rabid, shall immediately notify the animal control author - 5 -12.1 (Revised 7/12) 5.05.110 ity or a police officer, who shall either remove the animal to the designated shelter or sum- marily destroy it. [Ord. 3451 § 1, 2003]. 5.05.110 Crimes relating to the confinement of another's animal and the abatement of private nuisances. A. An owner of private real property has the right under Washington common and stat- utory law to protect his or her property from trespass by persons or other instrumentalities including covered and domestic animals such as pets. The city council finds that the exercise of these civil rights are limited by animal cru- elty laws and other ordinances and statutes intended to protect the health and safety of ani- mals. Further, the city council finds that the inappropriate or negligent use of even humane traps may pose a threat to animals and there- fore prohibits the use of all traps except under the conditions set forth in this section. B. Crimes. 1. Unlawful Capture or Confinement of a Pet. A person is guilty of the crime of the unlawful capture or confinement of a pet if a person traps, captures or otherwise confines an animal known by the person to be the pet of another. The unlawful capture or confinement of a pet shall be a gross misdemeanor punish- able as provided in ECC 5.50.020. 2. Trapping. It shall be unlawful for any person by means of a trap or similar mechani- cal device to intentionally trap a domestic ani- mal, covered animal or pet. Trapping shall be a misdemeanor punishable as provided in ECC 5.50.020. Nothing herein shall be interpreted to prohibit a property owner from using other lawful means to drive off a covered and domestic animal or pet of another. 3. Negligent Confinement of an Animal. A person is guilty of the crime of negligent confinement of an animal if a person who traps, captures or confines an animal fails to promptly release an animal which the person knows or should have known to be confined (Revised 7112) 5-12.2 and which is not the property of that person. The term "release" shall include a report to a law enforcement or animal control officer of the city of Edmonds. Negligent confinement of an animal shall be a misdemeanor punishable as provided in ECC 5.50.020. C. Defenses. The following acts are ex- cluded from the crime of unlawful capture or confinement of a pet as set forth in subsection (B)(1) of this section or trapping as set forth in subsection (B)(2) of this section: 1. The capture, trapping or confinement of an injured or diseased animal in order to protect the animal from harm or in order to deliver or report the animal to a veterinarian, animal control officer, Washington State wild- life official, animal shelter or other charitable or governmental agency charged with animal welfare and protection; and/or 2. The actions of a city, county or state animal control officer, law enforcement officer or other public safety officer in the per- formance of his or her duties. [Ord. 3634 § 2, 2007]. Title 7 UTILITY CHARGES AND REGULATIONS Chapters: Page 7.10 Water Service......................................................................................3 7.20 Backflow Prevention...........................................................................8 7.30 Water Rates and Sewer Charges.......................................................10 7.40 Fire Protection Water Service...........................................................14 7.50 Stormwater Management Utility......................................................16 7.60 Combined Utility............................................................................18a 7.70 Solid Waste Management..............................................................18.1 7.80 Solid Waste Recycling......................................................................19 7.90 Wastewater Pretreatment — General Provisions................................23 7.91 Wastewater Pretreatment — General Requirements ..........................31 7.92 Wastewater Pretreatment — Wastewater Discharge Permit Requirements....................................................................................41 7.93 Wastewater Pretreatment — Reporting Requirements .......................43 7.94 Wastewater Pretreatment — Sampling and Analytical Requirements....................................................................................44 7.95 Wastewater Pretreatment — Compliance Monitoring ........................45 7.96 Wastewater Pretreatment — Confidential Information ......................47 7.97 Wastewater Pretreatment — Administrative Enforcement Remedies........................................................................................... 47 7.98 Wastewater Pretreatment — Judicial Enforcement Remedies ...........51 7.99 Wastewater Pretreatment — Supplemental Enforcement Action....... 52 7.100 Wastewater Pretreatment — Affirmative Defenses to Discharge Violations.......................................................................................... 53 7.101 Reserved...........................................................................................55 7.102 Wastewater Pretreatment — Miscellaneous Provisions .....................56 7.200 Illicit Discharges ....................................... 58 7-1 (Revised 7/12) 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 7/12) 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 7/12) 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 general facilities 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 "BRU" means a sewer connection charge based upon the winter standard water consumption of a 7.30.030 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: 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: Volume Rate Consumption (ccf) Effective Dates Existing 8/1/10 1/1/11 1/1/12 $1.72 $1.85 $1.99 $2.14 7-11 (Revised 7/12) Effective Dates Existing 8/1/10 1/1/11 1/1/12 1. Single-family residence (per unit) $16.58 $17.82 $19.16 $20.60 2. Duplex, apartment houses, condominiums and other multi -unit residences (per unit) $14.60 $15.70 $16.87 $18.14 3. All other customers: Meter Existing 8/1/10 1/1/11 1/1/12 3/4" $20.05 $21.55 $23.17 $24.91 1" $40.82 $43.88 $47.17 $50.71 1.5" $75.49 $81.15 $87.24 $93.78 2" $115.09 $123.72 $133.00 $142.98 3" $248.27 $266.89 $286.91 $308.43 4" $351.68 $378.06 $406.41 $436.89 6" $697.15 $749.44 $805.64 $866.07 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: Volume Rate Consumption (ccf) Effective Dates Existing 8/1/10 1/1/11 1/1/12 $1.72 $1.85 $1.99 $2.14 7-11 (Revised 7/12) 7.30.035 All water rate charges on water utility bills mailed prior to August 1, 2010, shall be based on rates as reflected in this section correspond- ing with said time period. The rate effective August 1, 2010, shall be applicable to all bill- ings after that date. Thereafter, all water rate charges on water utility bills mailed on or after January 1 st of each year shall be based on rates as reflected in this section corresponding with said time period. 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. E. Repealed by Ord. 3618. [Ord. 3802 § 1, 2010; 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 general facilities charges. A general facilities charge (GFC) (formerly known as 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 GFC. The sanitary sewer GFC shall be paid by the applicant at the time and according to the date of side sewer permit issuance in an amount per equivalent residen- tial unit (ERU) added as a result of the devel- opment as set forth in the table below; provided, that nonresidential building permit and business license applicants shall pay sewer system GFC when the proposed structure and/or business activity would generate addi- tional probable sewer usage. 2012 before 2012 effective 2014 and effective date date forward 2013 beyond Sewer GFC per ERU $730.00 $2,573.50 $3,495.25 $4,417.00 1. A single-family residential applicant shall pay a GFC equal to one ERU per dwell- ing unit. 2. A multifamily residential applicant shall pay a GFC equal to 0.67 ERU per dwell- ing unit. 3. Applicants for nonresidential devel- opment shall pay a GFC equal to the ERU determination that is made by the public works director. This determination shall be made by estimating the probable sewer usage of the proposed development. In estimating the prob- (Revised 7/12) 7-12 able sewer usage, the public works director may consider, among other factors, the aver- age winter water consumption for similar existing development in the city. If the appli- cant disagrees with the director's ERU deter- mination, the applicant may submit additional information and analysis from a qualified engineer, with an additional $200.00 review fee, in support of a request for an alternate ERU determination. The director shall review the request for an alternate ERU determination and may accept the alternate calculation, Edmonds City Code revise the earlier ERU determination based on the new information, or uphold the earlier ERU determination. Once the director has made a final ERU determination, the applicant may pay the GFC under protest and appeal the determination, along with the underlying per- mit, to the hearing examiner. 7.30.036 B. Water System GFC. The water system GFC shall be paid upon, and according to the date of, application for water service, and based upon the size of the meter to be installed, as set forth in the table below: 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. 3883 § 1(Att. A), 2012; 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 7-12a (Revised 7/12) 2012 before 2012 effective 2014 and Water Meter Size effective date date forward 2013 beyond 3/4" meter $908.00 $2,979.00 $4,014.50 $5,050.00 1" meter $2,270.00 $7,447.00 $10,035.50 $12,624.00 1.5" meter $4,540.00 $14,894.00 $20,071.00 $25,248.00 2" meter $7,264.00 $23,830.50 $32,113.75 $40,397.00 3" meter $14,528.00 $47,661.00 $64,227.50 $80,794.00 4" meter $22,700.00 $74,470.00 $100,355.00 $126,240.00 6" meter $45,400.00 $148,940.00 $200,710.00 $252,480.00 8" meter $72,640.00 $238,304.00 $321,136.00 $403,968.00 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. 3883 § 1(Att. A), 2012; 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 7-12a (Revised 7/12) 7.30.036 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 (Revised 7/12) 7-12b Edmonds City Code for which both fire protection and other water service for such uses as domestic, commercial, industrial, or manufacturing purposes is sup- plied, there may be two service installations made to the premises: one for fire service only and one for other water service. These service functions may also be combined in a single service connection with the approval of the water division. In the event two separate service connec- tions are installed, the fire protection system so served shall consist of an automatic sprinkler system only, without additional outlets which could normally be used for other than fire sup- pression purposes. [Ord. 1561, 1971]. 7.40.040 Fire service monthly service charges. A. The monthly rates for inspection and maintenance of detector check systems are fixed as follows: Fire Service or Bimonthly Detector Meter Size Service Charge Up to 4" $12.34 6" $21.59 8" $30.81 Water used through the fire service line for fire suppression purposes and limited testing of the system will normally be furnished with- out any charge in addition to the bimonthly minimum charge set forth for fire service meter or detector check meter. B. If a detector check meter proves, or proof is otherwise provided, leakage or unau- thorized usage of water which is not for fire suppression purposes, the customer shall pay for all water used at the applicable metered rate. The rates for water so used are fixed as follows: at the time of first written notice from the city water division the applicable rate shall be the same as the domestic rate for compara- ble size of domestic water meter for unautho- rized use over 100 cubic feet per month; in the event the unauthorized use again occurs after 7.40.050 the period of time specified in the written notice from the water division, the rate shall be double the domestic rate for a comparable size domestic water for such unauthorized use over 100 cubic feet per month. C. References made by this chapter as to existing metered rates shall be to Chapter 7.30 ECC. [Ord. 3629 § 10, 2007; Ord. 3457 § 1, 2003; Ord. 1561, 1971]. 7.40.050 Violation — Penalty. In addition to all civil rights of collection, liens, shut -offs and other remedies available to the city of Edmonds as prescribed by statute and ordinance for unauthorized use and/or nonpayment of charges, any person, firm, cor- poration or other organization, including any officers, directors and managers thereof, who violate any provision of this chapter shall be guilty of a misdemeanor and subject to penal- ties as set forth in ECC 5.50.020. [Ord. 1561, 1971]. 7-15 (Revised 7/12) 7.50.010 Chapter 7.50 STORMWATER MANAGEMENT UTILITY Sections: 7.50.010 Stormwater management utility created — Responsibilities. 7.50.020 Administrator of utility. 7.50.030 System or plan of stormwater management utility. 7.50.040 Transfer of property to stormwater management utility. 7.50.050 Rates and charges. 7.50.060 Administrative rate adjustment. 7.50.070 Stormwater management system general facilities charge. 7.50.010 Stormwater management utility created — Responsibilities. There is hereby created and established, pur- suant to Chapters 35A.80 and 35.67 RCW, a storm and surface water utility to be known as the "Edmonds Stormwater Management Util- ity." All references to "the utility" in this chap- ter refer to the Edmonds stormwater manage- ment utility. The utility will have primary authority and responsibility for carrying out the city's comprehensive drainage and storm sewer plan, including responsibilities for plan- ning, design, construction, maintenance, ad- ministration, and operation of all city storm and surface water facilities, as well as establishing standards for design, construction, and mainte- nance of improvements on private property where these may affect storm and surface water management. 7.50.020 Administrator of utility. The director of community services shall be ex officio administrator of the utility. 7.50.030 System or plan of stormwater management utility. There is hereby specified and adopted the original system or plan of the stormwater man- agement utility, which shall include all proper- (Revised 7/12) 7-16 ties, interests, and physical and intangible rights of every nature owned or held by the city, however acquired, insofar as they relate to or concern storm or surface water sewage, further including, without limitation, all properties, interests and rights acquired by adverse posses- sion or by prescription, directly or through another, in and to the drainage or storage, or both, of storm or surface waters, or both, through, under, or over lands, watercourses, sloughs, streams, ponds, lakes, and swamps, all beginning in each instance at a point where storm or surface waters first enter the storm and surface water system of the city and ending in each instance at a point where the storm or sur- face waters exit from the storm and surface water system of the city, and in width to the full extent of inundation caused by storm or flood conditions. 7.50.040 Transfer of property to stormwater management utility. The city council expressly finds the value of the above-described original system or plan of storm drainage and surface water facilities, together with funds currently held in the water and sewer fund in the amount of $690,000, is equal to the value of release from primary responsibility therefor insofar as it relates to or concerns storm or surface waters within the city. Accordingly, all of the city's above-men- tioned facilities, including the rights and inter- ests as a part thereof as they relate to or concern storm or surface waters, and the funds in the amount of $690,000 are, for purposes of RCW 43.09.210, hereby transferred to and subject to the administration of the city's stormwater management utility created by this chapter, and all other institutions and departments of the city having primary responsibility therefor within the city are, to the same extent, released from such primary responsibility. Inasmuch as the city now owns all of those facilities, includ- ing the rights and interests as a part thereof and the original system or plan set forth in ECC 7.50.030, there is no estimated cost thereof. Edmonds City Code 7.50.060 7.50.050 Rates and charges. A. The following rates shall be charged on all billings with respect to the following customers and/or service: CATEGORY EFFECTIVE DATE to 8/1/10 8/1/10 1/1/11 1/1/12 Single-family residential and multifamily residential Bimonthly billing cycle $16.62 $17.94 $19.38 $20.94 Monthly billing cycle $8.31 $8.97 $9.69 $10.47 All other residential customers per ESU (monthly cycle) $8.31 $8.97 $9.69 $10.47 B. An ESU is hereby defined to be the impervious surface area estimated to contrib- ute an amount of runoff which is approxi- mately equal to that created by an average single-family residential parcel. A single-fam- ily residential parcel is one ESU. For all other parcels, one ESU is equivalent to 3,000 square feet of impervious surface area. [Ord. 3801 § 1, 2010; Ord. 3744 § 1, 2009; Ord. 3570 § 1, 2005; Ord. 3538 § 1, 2005; Ord. 3400 § 3, 2002; Ord. 3195 § 2, 1998]. 7.50.060 Administrative rate adjustment. The city's public works director is hereby authorized to make adjustments to the city's stormwater utility rates as provided in this chapter in an amount up to 50 percent of the rate set in the preceding section in accordance with the following provisions: A. Upon written application to the public works director, a customer may request review of the city's stormwater management utility fee as applied to the specific developed prop- erty to which the fee has been charged. The applicant shall state the specific conditions and/or facilities on the site which the applicant feels warrants adjustment of the rate as applied to the property. B. On his own motion, the public works director may initiate review of a stormwater utility charge to any parcel. C. The public works director shall have the authority to increase or decrease rates up to 50 percent of the level set by the city council. The sole criteria for adjusting the rate shall be a determination that the physical characteristics of the site and in particular the stormwater detention, retention and/or treatment facilities as installed thereon by the owners, or lack thereof, have significantly increased the bur- den which the property places upon the city's stormwater utility (in the event of an increase) or significantly decreased the burden (in the event of a decrease) by providing additional benefits over and above those which the aver- age property places upon the utility through on-site improvements including but not lim- ited to on-site pollution control mechanisms or technologies which relate to water quality and the property's impact upon the city's stormwa- ter management system. Factors personal to the property owner, such as ability to pay, shall not be considered. D. The decision of the public works direc- tor shall be in writing. It may be appealed to the Edmonds city council for review. In that review process the determination of the direc- tor shall be given substantial weight and an applicant for decrease shall have the burden of proof. In the event the director has recom- mended an increase, the city staff shall have the burden of proof in the process. The deci- sion of the Edmonds city council shall be final 7-17 (Revised 7/12) 7.50.070 and shall not be appealable. The city council may either increase or decrease the rates within 50 percent of that set or may elect, in its sole discretion, to apply the rate as established by ordinance if the city council determined that such property does not differ substantially from other similarly situated ratepayers and their properties. [Ord. 3264 § 1, 1999]. 7.50.070 Stormwater management system general facilities charge. A. In addition to any other charge pre- scribed by this chapter, a stormwater manage- ment system general facilities charge (GFC) (formerly known as a development charge) shall be paid by the applicant at the time and according to the date of building permit issu- ance in an amount per equivalent service unit (ESU) added to or created by the development as set forth in the table below; provided, that stormwater permit applicants shall pay GFC at the time and according to the date of stormwa- ter permit issuance. 2012 before 2012 effective 2014 and effective date date forward 2013 beyond Storm GFC per ESU $428.00 $613.50 $706.25 $799.00 B. For the purposes of this section only, an ESU is hereby defined to be the impervious surface area estimated to contribute an amount of runoff which is approximately equal to that created by an average single-family residential development. A single-family residential development shall pay GFC equal to one ESU; provided, that a single-family residential development that includes 5,000 square feet of new, replaced, or new plus replaced impervi- ous surface area shall pay GFC pursuant to subsection (C) of this section. C. All development not meeting the criteria in subsesction (B) of this section shall pay GFC calculated according to a ratio of one ESU per 3,000 square feet of new, replaced, or new plus replaced impervious surface area. [Ord. 3883 § 2 (Att. A), 2012; Ord. 3450 § 1, 2003]. (Revised 7/12) 7-18 Edmonds City Code Chapter 7.60 COMBINED UTILITY Sections: 7.60.010 Combination of combined water and sewer utility and stormwater management utility. 7.60.020 Separate rates — Accountability. 7.60.030 Utility assistance fund. 7.60.010 Combination of combined water and sewer utility and stormwater management utility. The city is maintaining and operating a com- bined water supply and distribution system and sanitary sewage disposal system and, by Chap- ter 7.50 ECC, has created a stormwater man- agement utility. Pursuant to the provisions of RCW 35.67.331, the present combined water and sewer utility, and the stormwater manage- ment utility, together with all additions, exten- sions and betterments thereof at any time made, are hereby combined into a single utility; pro- vided, that the accounting procedure for each system shall be kept separate as required by RCW 35.37.010. The combined water, sewer and stormwater management utility of the city, together with all additions, extensions and bet- terments thereof at any time made, shall here- inafter be called the "combined utility." 7.60.020 Separate rates — Accountability. The council declares its intent to establish rates for the combined water and sewer utility and stormwater management utility. In order to better account for the costs of the respective components of the combined utility, the administrative services director is directed to maintain such separate funds and accounting structures as may be necessary to discretely account for the costs, expenses and revenues of each component utility. When the staff makes recommendations for the establishment, increase or decrease in any rate, it is directed to 7.60.020 7-18a (Revised 7/12) This page left intentionally blank. (Revised 7/12) 7-18b Title 8 TRAFFIC Chapters: Page 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.....................................................................12 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................................................27 8.56 Regulating Traffic on Certain Highways............................................30 8.60 Enforcement.....................................................................................30.1 8.64 Schedules of Designated Streets.........................................................31 8-1 (Revised 7/12) 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, 2005]. 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. Parking, stopping or standing a vehicle shall be limited to a total of three hours within any 12 -hour period within the same block on either side of the street. A violation of this section consti- tutes a parking infraction subject to the penal- ties and processes of this chapter. [Ord. 3884 § 1, 2012; 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 - 8.48.169 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 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 46.16.3 81 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, 8-17 (Revised 7/12) 8.48.170 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 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; (Revised 7/12) 8-18 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; 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 - Edmonds City Code 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]. 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. 8.48.200 It is not necessary that restricted parking or other traffic signs be erected for the purpose of enforcing this section. [Ord. 3564 § 1, 2005]. 8.48.190 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 any vehicle, whether attended or unat- tended, upon any paved portion of an uncurbed street. B. Except as otherwise permitted by the Edmonds City Code, no person may stop, stand or park or leave standing any vehicle, whether attended or unattended, upon any paved portion of a curbed street in the follow- ing 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; 2. Upon cul-de-sacs, when such action reduces the radius of the cul-de-sac to less than 35 feet; or 3. Upon designated bike lanes. [Ord. 3836 § 1, 2011; Ord. 3564 § 1, 2005]. 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. 8-18.1 (Revised 7/12) 8.48.210 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 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: $450.00. 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, or mails the pay- ment for, the penalty by the end of the next business day after the issuance of the notice of infraction. (Revised 7/12) 8-18.2 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. 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 a late fee of $100.00. 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. 3884 § 1, 2012; Ord. 3653 § 1, 2007; Ord. 3564 § 1, 2005]. Edmonds City Code 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- 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, 2005]. 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]. 8.48.300 8-18.2a (Revised 7/12) This page left intentionally (Revised 7/12) 8-18.2b blank. Edmonds City Code Chapter 8.52 RESIDENTIAL PARKING ZONE REGULATIONS Sections: 8.52.010 Residential parking permits defined. 8.52.015 Limitation on issuance. 8.52.020 Eligibility for residential parking permits. 8.52.030 Applications for permits. 8.52.040 Residential parking permits description. 8.52.050 Use and validity of permits. 8.52.060 Visitor's permits. 8.52.065 Visitor parking on certain streets. 8.52.070 Unlawful acts. 8.52.080 Revocation of permits. 8.52.090 Revocation — City clerk's duties. 8.52.100 Appeal. 8.52.200 Penalties. 8.52.300 Severability. 8.52.010 Residential parking permits defined. When properly issued and displayed, a resi- dential parking permit (permit) shall exempt a specified vehicle, while parked within a spe- cific limited parking zone for which the permit was issued, from citation for parking longer than the posted time limit for that particular zone and no other; provided, that the permit shall not authorize parking for more than 72 consecutive hours in any one location or as specified specifically in this chapter. The per- mit shall not guarantee a parking space, nor shall it exempt the vehicle or operator from observing zones where parking is prohibited at all times, including but not limited to no park- ing zones, load zones, fire zones and all other applicable regulations contained in ECC Title 8. [Ord. 3606 § 1, 2006]. 8.52.020 8.52.015 Limitation on issuance. No permit authorized to be issued under this chapter shall be issued with respect to any commercial or recreational vehicle over 10,000 pounds licensed gross vehicle weight or 22 feet in length except as specifically allowed in this chapter. [Ord. 3606 § 1, 2006]. 8.52.020 Eligibility for residential parking permits. A. Eligibility. Permits may be issued only to persons who reside within the permit zone for which the permit is issued, who own and/or have legal control of a motor vehicle and only for those motor vehicles owned by or under the legal control of the resident. Permits may be issued to eligible persons who have insuffi- cient off-street parking spaces for the number of cars they own and/or control. For the pur- poses of this chapter, "residence" shall be defined as the street address of the structure in which the applicant resides as determined by the U.S. Postal Service or such other street upon which the residence fronts and for which the applicant can present adequate evidence that the proposed alternative frontage ade- quately reflects the actual orientation and loca- tion of the structure in which the applicant resides. B. The Proof of Residence. Proof of resi- dence shall be established by: 1. Display of a valid driver's license reflecting a current address within the zone for which the permit is issued; or 2. Display of a deed, lease, rental agree- ment or other acceptable document showing residency within the zone for which the permit is issued. C. Ownership of Motor Vehicle. Proof of ownership and/or control of a motor vehicle may be established by possession of a valid registration in the applicant's name, or by dis- play of a valid registration accompanied by proof that the applicant has legal use and con- trol of the vehicle. [Ord. 3606 § 1, 2006]. 8-27 (Revised 7/12) 8.52.030 8.52.030 Applications for permits. A. Authorization of City Clerk. The city clerk is hereby authorized to issue permits to qualified residents who own or have control of a motor vehicle, and who have insufficient off- street parking spaces. B. Application Form. Application shall be made on forms provided by the city clerk which shall include: 1. The name, address, telephone number and license number of the applicant; 2. Make, model, color and year of the registration of the vehicle for which the permit is sought; 3. The type of document used to estab- lish eligibility for the permit as required in ECC 8.52.020; 4. The number of off-street parking spaces available to the applicant; 5. License plate number (and state) of vehicle; 6. The number of visitor's permits requested and issued; and 7. A statement immediately above where the applicant is to sign stating that the applicant has been provided with an opportu- nity to examine this chapter and is familiar with the terms thereof. All applications shall be signed by the appli- cant and notarized. C. Limited Parking Zone Determination. The limited parking zone for which the permit is valid shall be the designated zone in which the permit holder resides but is prohibited on Main Street from Third Avenue to Sixth Ave- nue and Fifth Avenue from Bell Street to Wal- nut Street except between the hours of 6:00 p.m. and 9:00 a.m. Monday through Saturday. Three zones have been created and are as fol- lows: Red Zone — Caspers Street to Edmonds Street and Sunset Avenue to Sixth Avenue; Blue Zone — Edmonds Street to Dayton Street and Railroad Avenue to Sixth Avenue; Yellow Zone — Dayton Street to Pine Street and SR 104 to Sixth Avenue. (Revised 7/12) 8-28 D. Fees. 1. Fees for the permit shall be $10.00 for the first vehicle, $10.00 for the second vehicle and $10.00 for the third vehicle. No fee will be required for limited recreational vehicle per- mits. 2. Fees shall be collected prior to issu- ance of the permit. 3. No more than three permits shall be issued to any one residence. [Ord. 3885 § 1, 2012; Ord. 3606 § 1, 2006]. 8.52.040 Residential parking permits description. The permit shall contain the following information: A. The residential permit number; B. The expiration date of the permit; and C. Color of permit will designate limited parking zone, as set forth in ECC 8.52.030(C). [Ord. 3885 § 1, 2012; Ord. 3606 § 1, 2006]. 8.52.050 Use and validity of permits. A. Display. Residential permits shall be displayed in the upper left-hand corner of the vehicle's rear window on the outside of the glass. Visitor's permits shall be displayed face -up on the vehicle's dashboard. B. Validity. Permits shall be valid only for the vehicle for which they are issued, only in the zone designated and only so long as the permit holder retains the vehicle and resides at the address specified in his or her application. C. Expiration. Permits shall expire one year from the date of issue, so long as the permit holder retains the permit vehicle and resides at the address specified in his/her permit applica- tion. Permits issued for a recreational vehicle are limited to a period of 36 hours and no more than six permits may be issued for an individ- ual recreational vehicle in any one-year period. [Ord. 3885 § 1, 2012; Ord. 3606 § 1, 2006]. 8.52.060 Visitor's permits. A. The city clerk is hereby authorized to issue up to two visitor's permits per residential Edmonds City Code address, which shall be valid for a period of up to one year. Only one resident per residential address who can provide the proof of residence required by ECC 8.52.020(B) is eligible to receive the two visitor's permits. A "visitor" is defined as a guest of a person who resides within the permit zone; provided, that the guest is not a resident of the residential address for which the permit was issued. Only the visitor's vehicle is allowed to display the visitor's per- mit. B. The fee for visitor permits shall be: 1. Five dollars per visitor's permit for an individual holding a valid residential parking permit; or 2. Ten dollars per visitor's permit for persons who do not hold a valid residential parking permit. Visitor's permits shall be issued in conjunc- tion with the issuance or renewal of a residen- tial parking permit for those individuals who hold a valid residential parking permit or for the calendar year or any unexpired portion thereof for other qualified applicants. [Ord. 3885 § 1, 2012; Ord. 3606 § 1, 2006]. 8.52.065 Visitor parking on certain streets. Visitor's permits shall be issued by the city clerk to residents of Sunset Avenue, and the portion of 75th Place West, north of North Meadowdale Road, without showing a lack of off-street parking or vehicle ownership. Such visitor's permits shall be issued at no cost to the applicant. Such visitor's permits shall be limited to two permits per household or resi- dence. These permits shall only be valid for parking after the posted hours on the west side of Sunset Avenue from Bell Street to Caspers Street. Such permits shall be valid on either side of 75th Place West, north of North Mead- owdale Road. All other provisions of this chapter, where not inconsistent with this sec- tion, and the adopted parking regulations of the Revised Code of Washington shall apply. [Ord. 3606 § 1, 2006]. 8.52.090 8.52.070 Unlawful acts. It shall be unlawful for any person to do any of the following: A. To make any false or misleading state- ment in application for a permit; B. To transfer the permit to another person or vehicle; C. To fraudulently alter a permit or visitor's permit in any respect whatsoever; D. To improperly display the permit or vis- itor's permit or to violate any terms or condi- tions under which the permit or visitor's permit was issued; E. Use or place the permit on any other vehicle than that for which the permit is issued; or F. To use or permit to be used a revoked or suspended permit. [Ord. 3606 § 1, 2006]. 8.52.080 Revocation of permits. Permits and/or visitor's permits may be revoked by the city clerk for any of the follow- ing reasons: A. The permit holder has made any false, misleading or incomplete statement in the application; B. Violation of any of the provisions of this chapter; or C. Overissuance of permits; provided, however, that in the event of revocation for overissuance, priority shall be given to provid- ing one permit per dwelling unit. [Ord. 3606 § 1, 2006]. 8.52.090 Revocation — City clerk's duties. If the city clerk finds that a permit and/or visitor's permit should be revoked for any of the reasons set forth in ECC 8.52.080, the clerk shall send a written notice to the permit holder at the address contained on the application. The notice shall contain the following infor- mation: A. Advise the permit holder that the permit and/or visitor's permit will be revoked on a specified date which shall be not fewer than 10 nor more than 13 days from the date of the let- ter; 8-29 (Revised 7/12) 8.52.100 B. Advise the permit holder that unless a written notice of appeal setting forth the rea- sons for the appeal is filed with the city clerk not later than the date set forth in subsection (A) of this section, the permit will be deemed revoked; C. Advise the permit holder that if a written notice of appeal is filed within the required time, the date, time and place of the hearing will be set; and D. The reasons for the revocation. [Ord. 3606 § 1, 2006]. 8.52.100 Appeal. Upon receipt of the appeal, the mayor or his designee shall set a date for hearing within 30 days of receipt of the notice of appeal and notify the appellant of the date, time and place of hearing. The mayor or his designee shall render the decision within 10 days after the hearing is closed, reduce the decision to writ- ing and include a statement of reasons for the decision. The mayor or his designee may affirm or reverse the revocation decision or order suspension for a specified period. [Ord. 3606 § 1, 2006]. 8.52.200 Penalties. Any person violating any of the provisions of this chapter shall be guilty of a misde- meanor and upon conviction thereof may be punished as set forth in ECC 5.50.020. [Ord. 3885 § 1, 2012; Ord. 3606 § 1, 2006]. 8.52.300 Severability. If any section, subsection, clause, phrase or word of this chapter, or any provision adopted by reference in this chapter is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter. [Ord. 3606 § 1, 2006]. (Revised 7/12) 8-30 Chapter 8.56 REGULATING TRAFFIC ON CERTAIN HIGHWAYS Sections: 8.56.010 Regulated truck ban. 8.56.020 Repealed. 8.56.030 Restrictions upon use of streets by certain vehicles. 8.56.010 Regulated truck ban. A. A regulated truck is any vehicle over 10,000 pounds gross vehicle weight the princi- pal use of which is the transportation of com- modities, merchandise, produce, freight, ani- mals, or passengers for hire excluding school buses, emergency vehicles, duly franchised solid waste disposal and recycling vehicles and public transit vehicles. All regulated trucks are prohibited from all city streets and alleys except upon the designated truck routes set forth below and except that such vehicles may be operated on other streets and alleys only for the purpose of pick up and delivery of materials and then only by entering such street at the intersection nearest the designation of the vehi- cle and proceeding thereon no further than the next intersection thereafter. B. The following streets or routes are hereby designated as the exclusive truck routes in the city of Edmonds: 1. SR -104; 2. Highway 99; and 3. 76th Street south of 196th Street to Highway 99. [Ord. 2849 § 1, 1991; Ord. 2377 § 1, 1983; Ord. 1169 § 91, 1966]. 8.56.020 Certain vehicles prohibited from use of certain streets. Repealed by Ord. 2849. 8.56.030 Restrictions upon use of streets by certain vehicles. The city traffic engineer is authorized to determine and designate those heavily traveled streets upon which shall be prohibited the use Edmonds City Code of the roadway by motor -driven cycles, bicy- cles, horsedrawn vehicles or other nonmotor- ized traffic and shall erect appropriate signs giving notice thereof. When signs are so erected giving notice thereof, no person shall disobey the restric- tions stated on such signs. [Ord. 1169 § 93, 1966]. 8.60.030 Chapter 8.60 ENFORCEMENT Sections: 8.60.010 Penalties. 8.60.020 Disposition of traffic fines and forfeitures. 8.60.030 Official misconduct. 8.60.090 When warrant to be issued. 8.60.010 Penalties. Any person who has been found to have committed a traffic infraction, as defined by this code or any state statute adopted by refer- ence herein shall pay a monetary fine only not to exceed $1,000 for each violation. Unless otherwise provided in this municipal code, or by state statute adopted by reference, any per- son violating a criminal provision of this title shall be guilty of a misdemeanor with a maxi- mum sentence of $1,000 fine and/or 90 days in jail. [Ord. 2853 § 52, 1991; Ord. 2393, 1983; Ord. 1865 § 4,1976; Ord. 1169 § 94, 1966]. 8.60.020 Disposition of traffic fines and forfeitures. All fines or forfeitures collected upon con- viction or upon forfeiture of bail of any person charged with the violation of any of the provi- sions of this title shall be paid to the general fund of the city. [Ord. 1865 § 5, 1976; Ord. 1169 § 95, 19661. 8.60.030 Official misconduct. Failure, refusal, or neglect on the part of any judicial or other officer or employee receiving or having custody of any such fine or forfeiture or bail, either before or after a deposit in the general fund, to comply with the provisions of ECC 8.60.020 shall constitute misconduct in office and shall be grounds for removal there- from; provided appropriate action is taken pur- suant to state law relating to removal of public officials. [Ord. 1865 § 6,1976; Ord. 1169 § 97, 1966]. 8-30.1 (Revised 7/12) This page left intentionally blank. (Revised 7/12) 8-30.2 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, 2005]. 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 - 8.64.050 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: 8-33 (Revised 7/12) 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 250 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 7/12) 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 Third Avenue North; 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 Pine 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. [Ord. 3879 § 1, 2012; Ord. 3841 § 1, 2011; Ord. 3829 § 1, 2010; 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: 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. parking from 10:00 p.m. 8.64.065 Name of Street or Hours — Stopped, Road Standing or Parking Prohibited 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 ofAdmiral 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 ofNorth 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). 7. Bracket's Landing Four hours maximum at parking lot. any one time. 8-35 (Revised 7/12) 8.64.067 Name of Street or Hours — Stopped, Road Standing or Parking Prohibited 8. Signed parking stalls No use except for electric at City Hall, Public or plug-in hybrid Safety, and City Park vehicles for three hours parking lots. maximum while charging. 9. Signed parking stalls Thirty -minute limit for at 6th Avenue at the any use other than Main Street electric or plug-in hybrid intersection. vehicles. Electric or plug- in hybrid vehicles for three hours maximum while charging. 10. Signed parking Three hours maximum stalls on south side between the hours of 7:00 of Dayton St. p.m. and 7:00 a.m. between Edmonds (Monday through Friday) Way/SR-104 and the railroad tracks. 11. Signed parking stall Three-hour parking from in front of 111 midnight to 6:00 p.m. Sunset Avenue. except Sundays and holidays. No parking 2:00 a.m. to 8:00 a.m. on Saturdays. *Dusk is hereby defined as commencing 30 minutes fol- lowing sunset. [Ord. 3888 § 1, 2012; Ord. 3880 § 1, 2012; Ord. 3853 § 1, 2011; Ord. 3851 § 1, 2011; Ord. 3564 § 5, 20051. 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 (Revised 7/12) 8-36 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 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 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; Edmonds City Code 6. The west side of Fifth Avenue South, 90 feet north of Maple Street; and 7. The north side of James Street, 110 feet west of Second Avenue South, extending 25 feet. [Ord. 3716 § 1, 2008; Ord. 3667 § 4, 2007; Ord. 3564 § 5, 2005]. 8.64.070 Reserved. [Ord. 3564 § 5, 20051. 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 6. Ninth Avenue North, transportation which from Main Street to are exempt from this Caspers Street. limit. 3. SR 524 from the east 10,000 pounds; except city limits to Dayton for buses used for Street being 196th public or school S.W. from the east transportation which city limits to Puget are exempt from this Drive to Ninth limit. Avenue North to Caspers to Third Avenue to Dayton Street. 8-37 8.64.090 Name of Street Licensed Gross Weight Limit 4. Sunset Avenue, Main 10,000 pounds; except to Caspers Street. for buses used for public or school transportation which are exempt from this limit. 5. Pine Street, Third 10,000 pounds. Avenue South to Fifth Avenue South. 6. Ninth Avenue North, 10,000 pounds; except from Main Street to for buses used for Caspers Street. public or school transportation which are exempt from this limit. [Ord. 3564 § 5, 2005]. 8.64.090 Schedule IX — Street closure during designated hours. When signs and/or barricades are erected giving notice thereof and prohibiting entry thereto, no person shall operate a motor vehi- cle or stop, stand or park a motor vehicle for any length of time between the hours of 9:00 p.m. and 6:00 a.m. on the following listed streets within the city: A. Viewland Way, east from 12th Avenue North to the end of such street. This provision shall not apply to emergency vehicles, construction vehicles with valid street use permits for any street designated herein, and for access to abutting property by the owner or the agent or invitee of said owner. [Ord. 3564 § 5, 2005]. (Revised 7/12) Title 10 BOARDS AND COMMISSIONS Chapters: Page 10.01 Council Confirmation.......................................................................... 3 10.05 Architectural Design Board................................................................. 3 10.15 Building Board of Appeals.................................................................. 5 10.16 Cemetery Board................................................................................... 5 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.............................................................................. 19 10.40 Planning Board.................................................................................. 20 10.50 Public Library Board......................................................................... 21 10.60 Edmonds Sister City Commission..................................................... 22 10.70 Lodging Tax Advisory Committee .................................................... 24 10.75 Citizens Economic Development Commission..................................25 10.80 Citizens' Commission on Compensation of Elected Officials ........ 26a 10.90 Edmonds Historic Preservation Commission .................................... 27 10.95 Citizens' Tree Board.......................................................................... 30 10-1 (Revised 7/12) Edmonds City Code it deems appropriate replacing or retaining members as it, in its sole discretion, shall deem appropriate. [Ord. 3166 § 3, 1997]. 10.75.010 Chapter 10.75 CITIZENS ECONOMIC DEVELOPMENT COMMISSION Sections: 10.75.010 Commission created — Membership — Term of appointments. 10.75.020 Officers of commission— Meetings — Forum. 10.75.030 Powers and duties. 10.75.010 Commission created — Membership — Term of appointments. A. There is hereby created a citizens eco- nomic development commission consisting of up to 17 members. The commission shall auto- matically expire December 31, 2015. B. The members of the commission shall be appointed in the following manner: 1. Each council member may appoint up to two members. 2. The mayor may appoint up to three members. 3. In the event that any commissioner resigns or fails to attend three consecutive commission meetings, that position may be deemed vacant by the holder of the office that appointed the commissioner (e.g., mayor or council member) and such office holder may appoint a replacement commissioner for the remainder of the unexpired term for that posi- tion. 4. Elected government officials shall not be eligible for appointment to the commission; provided, that the city council may appoint one of its members to serve as a nonvoting, ex offi- cio member of the commission; and further provided, that the Edmonds port commission may also appoint one of its members to serve as a nonvoting, ex officio member of the com- mission. C. Commissioner terms shall be staggered such that all members of the commission as of December 31, 2011, shall have their terms 10-25 (Revised 7/12) 10.75.020 expire on December 31, 2012. All members appointed during 2012 shall have their terms expire on December 31, 2014. All members appointed during 2013 or later shall have their terms expire on December 31, 2015. [Ord. 3876 § 1 (Att. A), 2012; Ord. 3868 § 1, 2011; Ord. 3808 § 1, 2010; Ord. 3735 § 1, 20091. 10.75.020 Officers of commission — Meetings — Forum. Members of the commission shall meet and organize by electing from the members of the commission a chairman and vice-chairman and such other officers as may be determined by the commission. It shall be the duty of the chair- man to preside at all meetings. The vice-chair- man shall perform this duty in the absence of the chairman. A majority of the filled positions on the commission shall constitute a quorum for the transaction of business. A majority of the quorum may transact any particular busi- ness of the commission. The regular public meeting of the commission shall be held at such time or place as may be determined by the chairman or a majority of the members of the commission. Such meetings shall be consid- ered special meetings and notice shall be pro- vided in accordance with city ordinance and state law. [Ord. 3876 § 1 (Att. A), 2012; Ord. 3735 § 1, 2009]. 10.75.030 Powers and duties. A. The commission is empowered to advise and make recommendations to the mayor and city council, and as appropriate to the planning commission, architectural design board or other boards or commissions of the city on such matters as may be specifically referred to the commission by the mayor or city council, including but not limited to: 1. Determining new strategies for eco- nomic development within the city of Edmonds; 2. Identifying new sources of revenue as a direct result of economic development (Revised 7/12) 10-26 projects for the consideration of the city coun- cil. B. The commission shall deliver an annual report to the city council in written and oral form on or about the first meeting in December of every year, and when appropriate, during other times as directed by the mayor or council. C. The Edmonds economic development commission may from time to time provide its reports and recommendations regarding strate- gies for economic development and other mat- ters that will improve commercial viability, tourist development and activity within the city. The planning board and economic devel- opment commission shall make joint recom- mendations on such subjects to the city council on or about the first meeting in December. [Ord. 3876 § 1 (Att. A), 2012; Ord. 3735 § 1, 2009]. Edmonds City Code Chapter 10.80 CITIZENS' COMMISSION ON COMPENSATION OF ELECTED OFFICIALS Sections: 10.80.010 Purpose. 10.80.020 Duties. 10.80.030 Eligibility. 10.80.040 Appointment. 10.80.050 Operation. 10.80.060 Compensation schedule recommendation. 10.80.070 Open meetings. 10.80.080 Referendum. 10.80.090 Reimbursement unaffected. 10.80.010 Purpose. It is the policy of the city of Edmonds to base the compensation of elected officials on realistic standards so that elected officials of the city may be compensated according to the duties of their offices, and so that citizens of the highest quality may be attracted in public service. To effectuate this policy, the Edmonds' citizens commission on the com- pensation of elected officials ("compensation commission") is hereby created consisting of seven members with duties and responsibili- ties as set forth below. [Ord. 3508 § 1, 2004]. 10.80.020 Duties. The compensation commission shall study the relationship of compensation for each respective position. Except as provided other- wise below, the compensation commission shall be solely responsible for its own organi- zation, operation, and action and shall enjoy the fullest cooperation of all elected officials, departments and agencies of the city of Edmonds. [Ord. 3508 § 1, 2004]. 10.80.030 Eligibility. The compensation commission shall consist of seven members, all of whom must be at least 21 years of age, registered to vote, and main - 10.80.030 10-26a (Revised 7/12) This page left intentionally blank. (Revised 7/12) 10-26b Edmonds City Code nance. Any ordinance which enacts a commis- sion recommendation shall be subject to Arti- cle 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 12 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. 3870 § 1, 2012; Ord. 3669 § 1, 2007; Ord. 3392 § 1, 2002]. 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 12 vot- ing members and one nonvoting, ex officio position to be filled by Edmonds city council members. 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 demonstrated interest in his- toric preservation. One position shall be filled as recommended by the Edmonds South Sno- homish County Historical Society. A commis- sion action that would otherwise be valid shall 10-27 (Revised 7/12) 10.90.030 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. 3870 § 2, 2012; Ord. 3813 § 1, 2010; 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 7/12) 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 I. Review and comment to the city council on land use, housing and redevelopment, municipal improvement and other types of planning and programs undertaken by any agency of the city, other neighboring commu- nities, Snohomish County, the state or federal governments, as they relate to historic resources of the city. J. Advise the city council and chief local elected official generally on matters of Edmonds history and historic preservation. K. Perform other related functions assigned to the commission by the city council or chief local elected official. L. Provide information to the public on methods of maintaining and rehabilitating his- toric properties. This may take the form of pamphlets, newsletters, workshops or similar activities. M. Officially recognize excellence in the rehabilitation of historic buildings, structures, sites and districts, and new construction in his- toric areas; and encourage appropriate mea- sures for such recognition. N. Be informed about and provide informa- tion to the public and city departments on in- centives for preservation of historic resources including legislation, regulations and codes which encourage the use of adaptive reuse of historic properties. O. Review nominations to the State and National Registers of Historic Places. P. Investigate and report to the city council on the use of various federal, state, local or pri- vate funding sources available to promote his- toric resource preservation in the city. Q. Serve as the local review board for spe- cial valuation and: 1. Make determinations concerning the eligibility of historic properties for special val- uation; 2. Verify that the improvements are con- sistent with the Washington State Advisory Council's standards for rehabilitation and maintenance; 10.90.060 3. Enter into agreements with property owners for the duration of the special valuation period as required under WAC 254-20-070(2); 4. Approve or deny applications for spe- cial valuation; 5. Monitor the property for continued compliance with the agreement and statutory eligibility requirements during the 10 -year special valuation period; and 6. Adopt bylaws and/or administrative rules and comply with all other local review board responsibilities identified in Chapter 84.26 RCW. R. The commission shall adopt rules of pro- cedure to address subsections C, D, F, O and Q of this section. [Ord. 3392 § 1, 2002]. 10.90.050 Rules and officers. The commission shall establish and adopt its own rules of procedure, and shall select from among its membership a chairperson and such other officers as may be necessary to con- duct the commission's business. [Ord. 3392 § 1, 2002]. 10.90.060 Commission staff. Commission and professional staff assis- tance shall be designated by the mayor with additional assistance and information to be provided by other city departments as may be necessary to aid the commission in carrying out its duties and responsibilities under this chapter. [Ord. 3392 § 1, 2002]. 10-29 (Revised 7/12) 10.95.010 Chapter 10.95 CITIZENS' TREE BOARD Sections: 10.95.010 Board created —Membership. 10.95.020 Officers of board — Meetings — Forum. 10.95.030 Powers and duties. 10.95.010 Board created —Membership. A. There is hereby created a citizens' tree board consisting of up to seven members plus one alternate and one nonvoting, ex officio position to be filled by an Edmonds city coun- cil member. Citizens must be Edmonds resi- dents. It is recommended the board include citizens from throughout the city (representing different watersheds and neighborhoods). Additionally, those with professional or hob- byist interest/experience in urban forestry, horticulture, and habitat enviroscaping are pre- ferred; these may include arborists, botanists, horticulturists, native plant experts, master gardeners, wildlife experts, and related. The members shall be appointed in the following manner: Within 30 days after the ordinance codified in this chapter is passed, the city shall draft and publish an announcement seeking applicants for board membership. The stan- dard city of Edmonds citizen board and com- mission application will be used. Prospective board members will have 30 days to submit their application. Initially, each councilmem- ber will appoint one tree board member within 30 days following the close of the application period. The alternate member shall be appointed by the council president or mayor (as determined by the council). The selections shall be made based on the qualifications described per the applications; councilmem- bers may also interview applicants at their dis- cretion. Subsequent to the initial appointments, recommendations for renewal/replacements, when required, will be made by the full council. (Revised 7/12) 10-30 B. The term of appointment shall be four years. However, initially, to ensure transitional consistency three members shall be appointed to four-year terms and four members (plus the alternate) shall be appointed to two-year terms. Councilmembers whose terms expire in 2011 shall appoint members to initial two-year terms. Councilmembers whose terms expire in 2013 shall appoint members to initial four- year terms. Thereafter, appointments shall coincide with the terms of newly elected coun- cilmembers. Each member, at his or her discre- tion, may seek renewal for one additional term. Should a vacancy occur, a new member shall be appointed for the duration of the term he or she is fulfilling. [Ord. 3875 § 1, 2012; Ord. 3807 § 1, 2010]. 10.95.020 Officers of board — Meetings — Forum. Members of the commission shall meet and organize by election, from the members of the board, a chair and vice chair and other officers as may be determined by the board. It shall be the duty of the chair to preside at all meetings. The vice chair shall perform this duty in the absence of the chair. A majority of the filled positions on the board shall constitute a quo- rum for the transaction of business. The board is expected to meet monthly or as otherwise agreed to by the board. The regular public meeting of the board shall be held at such time or place as may be determined by the chair or a majority of the members of the board. [Ord. 3807 § 1, 2010]. 10.95.030 Powers and duties. A. The board is empowered to advise and make recommendations to the mayor and city council and, as appropriate, to the planning board and other boards or commissions of the city on such matters including but not limited to: 1. Developing a tree ordinance designed to preserve and protect existing trees, encour- age planting of additional trees, safeguard Edmonds City Code trees on parcels where construction or renova- tion is occurring or planned to occur, and encouraging the Edmonds citizenry to become active stewards of the urban forest. 2. Increasing community outreach and education regarding the value of trees, proper selection of trees, and correct methods for planting of and caring for trees. 3. Working with civic, religious, and cit- izen groups to organize invasive plant removal and native vegetation planting in accord with the department of parks, recreation and cul- tural services. 4. Coordinating with other citizen groups to specific projects. 5. Facilitating relevant grant applica- tions supporting ecology and watershed pro- tection projects. 6. Sponsoring an annual Arbor Day Event. 7. Working towards achievement of Tree City USA® status. B. The board shall provide an annual report to the city council in December of each year. [Ord. 3807 § 1, 2010]. 10-31 10.95.030 (Revised 7/12) Edmonds City Code 3862 12/6/11 Bond issuance (Special) 3863 12/6/11 Bond issuance (Special) 3864 12/20/11 Amends comprehensive plan (Special) 3865 12/20/11 Amends § 16.43.030, site development standards (16.43) 3866 12/20/11 Amends §§ 17.40.020 and 21.40.030, definitions and nonconforming buildings (17.40, 21.40) 3867 12/20/11 Amends comprehensive plan (Special) 3868 12/20/11 Amends § 10.75.010, economic development commission (10.75) 3869 1/23/12 Amends §§ 4.04.010 and 4.04.020, concession agreements (4.04) 3870 1/24/12 Amends §§ 10.90.010 and 10.90.020, historic preservation commission (10.90) 3871 2/7/12 Adds § 21.75.120; amends Ch. 17.75, outdoor dining (17.75, 21.75) 3872 2/7/12 Amends § 3.65.020, transportation benefit district (3.65) 3873 2/7/12 Amends public facilities district charter (Special) 3874 2/7/12 Amends public facilities district charter (Special) 3875 3/6/12 Amends § 10.95.010, citizens' tree board (10.95) 3876 3/20/12 Amends Ch. 10.75, economic development commission (10.75) 3877 3/20/12 Amends 2012 budget (Special) 3878 4/3/12 Amends § 18.00.050, apprentice requirements (18.00) 3879 4/17/12 Amends § 8.64.060, parking limits (8.64) 3880 4/17/12 Amends § 8.64.065, downtown parking (8.64) 3881 4/17/12 Adds Ch. 2.21, special duty pay (2.21) 3882 4/17/12 Amends 2012 budget (Special) 3883 5/15/12 Amends §§ 7.30.035 and 7.50.070, water, sewer and stormwater charges (7.30, 7.50) 3884 5/15/12 Amends §§ 8.48.162 and 8.48.215, parking limits (8.48) 3885 5/15/12 Amends §§ 8.52.030, 8.52.040, 8.52.050, 8.52.060 and 8.52.200, parking permits (8.52) 3886 5/15/12 Amends 2012 budget (Special) 3887 6/5/12 Amends § 5.05.050, animals running at large (5.05) 3888 6/19/12 Amends § 8.64.065, downtown parking (8.64) 3889 6/19/12 Amends Ch. 20.20, home occupations (20.20) Ordinance Table Tables - 41 (Revised 7/12) Edmonds City Code City CFAR (competitive franchise application rule) Circuses See Public amusements application Citizens' commission on compensation of elected fee, deposit 4.68.410 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 Financial reporting Property abandonment 4.68.290 generally 3.04.010 Public, educational and governmental access reports city-wide interconnection 4.68.2 10 comprehensive annual 3.04.050 required 4.68.200 monthly 3.04.030 Rate schedule 4.68.140 quarterly 3.04.020 Records inspection 4.68.190 summaries, quarterly 3.04.040 Right-of-way use 4.68. 100 Officers, employees See City officers, employees Rules, regulations 4.68.070 Property, sales Safety requirements 4.68.110 See also Equipment rental fund Security, recourse against 4.68.350 authority 3.01.010 Service bids continuity 4.68.270 call, notice 3.01.030 denial 4.68.150 opening, rejecting 3.01.040 System evaluation 4.68.180 instruments of conveyance 3.01.050 Tree trimming 4.68.130 minimum price 3.01.020 Undergrounding, landscaping 4.68.090 negotiated sales 3.01.060 Cemetery board Records, copying Alternate 10.16.070 certification fees 1.20.060 Council supervision 10. 16.060 exemptions 1.20.030 Maintenance funds 10. 16.050 fees Meetings 10. 16.040 charging, exceptions 1.20.040 Membership, terms 10.16.010 modifications 1.20.070 Powers 10.16.030 index 1.20.045 Severability 10.16.200 public disclosure 1.20.080 Vacancies 10. 16.020 public records officer 1.20.010 Cigarettes request See also Tobacco products sale form 1.20.010 Possession by minor unlawful 5.46.070 response 1.20.020 Index -3 (Revised 7/12) City attorney transcriptions 1.20.050 City attorney Compensation 2.05.030 Duties 2.05.020 Legal services contract 2.05.0 10 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 Conflict of interest definitions 3.70.000 exemption 3.70.030 fixture employment restrictions 3.70.010 information disclosure 3.70.020 violation, penalty 3.70.040 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 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 Special duty pay amount, grant 2.21.030 authorization 2.21.010 special duties defined 2.21.020 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 1.0 1.060 Grammatical interpretation 1.01.030 Headings 1.01.040 Prohibited acts 1.01.100 References to amendments 1.01.015 code citations 1.01.010 specific ordinances 1.0 1.050 Repeals not to revive 1.0 1.070 Severability 1.01.110 Superseding exclusions 1.01.090 provisions 1.01.080 Combined utility See also Water Accounting 7.60.020 (Revised 7/12) Index -4 Edmonds City Code Community development department Assistance fund 7.60.030 Water, sewer, stormwater utilities combined 7.60.010 Community development department Director, references to 2.10.050 Index -4.1 (Revised 7/12) This page left intentionally blank. (Revised 7/12) Index -4.2 Edmonds City Code revocation notice, appeals 4.32.080 reasons 4.32.070 Severability 4.32.200 Violation, penalty 4.32.110 Public art See also Arts commission Acquisition fund See also Municipal arts fund created 3.13.070 Public morals See also Sex offenders Crimes offensive telephone calls 5.38.020 prostitution sex, no defense 5.38.070 unlawful acts 5.38.060 public exposure exemptions 5.38.050 facilitating 5.38.040 prohibited 5.38.030 Definitions 5.38.010 Violation, penalty 5.38.130 Public peace See also Criminal code Crimes, statutes adopted libel, slander 5.42.040 malicious prosecution 5.42.050 privacy rights 5.42.030 riot 5.42.020 Publicly owned treatment works See Wastewater pretreatment Punchboards, pull tabs See Gambling tax COM 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 3.29.0 10 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 Skateboards, roller skates 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 Defmitions 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 Sales, use tax Additional, imposed 3.28.020 Administration, collection 3.28.030 Imposed 3.28.0 10 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 Index -13 (Revised 7/12) Solid waste Solid waste Readmission fees 4.44.074 See also Recycling Threatening County system applicability 7.70.020 See also Criminal code Defmitions 7.70.010 Misdemeanor 5.34.020 Interlocal agreement 7.70.040 Tobacco products sale Unlawful disposal 7.70.030 See also Criminal code Sound trucks Definitions 5.15.010 License required, fees 4.56.010 Identification 5.15.030 Violation, penalty 4.56.020 Notice posting 5.15.040 Stormwater management utility Vending machines 5.15.020 See also Illicit discharges Violation, penalty 5.15.050 Administrative rate adjustment 7.50.060 Traffic Administrator 7.50.020 Alcoholic beverages in vehicles 8.32.060 Created 7.50.010 Arterial highways Property transfer 7.50.040 Schedule II 8.64.020 Rates, charges stops facilities 7.50.070 designated 8.28.010 generally 7.50.050 signs 8.28.020 System adoption 7.50.030 violation, penalty 8.28.030 Street Compression brakes 8.32.050 See also Traffic Control devices 8.32.070 Obstructions Definitions 8.04.010 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 street 8.04.015 Tax See Specific Tax Fines, forfeitures Taxicabs disposition 8.60.020 See also Horse taxis official misconduct 8.60.030 Appeals 4.60.130 Funeral processions 8.32.0 10 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 exemptiona ent waiver 4.44.030 p ° p 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 4.4 Street closures, Schedule IX 8.64.090 Official access 4..44.044.0 76 Title of provisions 8.04.001, 8.06.001 (Revised 7/12) Index -14 Edmonds City Code Trains, blocking streets 8.32.040 Truck routes 8.56.010 Vehicles restricted 8.56.030 Violation See also Specific Violation penalty 8.04.002, 8.32.080, 8.60.010 Warrant issuance 8.60.090 Weight limitations, Schedule VIII 8.64.080 Transportation benefit district Board 3.65.020 Dissolution 3.65.050 Established 3.65.010 Functions 3.65.030 Use of funds 3.65.040 Tree board, citizens' Created, membership 10.95.010 Meetings 10.95.020 Powers, duties 10.95.030 _U_ Use tax See Sales, use tax Utilities See also Combined utility; Water Bills, delinquency charges 7.10.025 Tax See Occupation tax _V_ Vehicles See Abandoned vehicles; Motor vehicles Video games See Pool, billiards, arcades Violations bureau See under Criminal code _W_ Wastewater pretreatment Abbreviations 7.90.040 Accidental discharge/slug control plans 7.91. 110 Administration 7.90.020 Appeals 7.97.090 Charges, fees 7.102.010 Compliance, monitoring facilities monitoring 7.95.020 inspections, sampling 7.95.010 orders 7.97.040 search warrants 7.95.030 vandalism 7.95.040 Confidential information 7.96.0 10 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 7.92.0 10 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 Index -15 Water 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 (Revised 7/12) Weeds 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 definitions 7.30.010 designated 7.30.040 general facilities 7.30.035 low income deductions authorized 7.30.070 misrepresentations, penalties 7.30.090 meters 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 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 Illicit discharges 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 6.30.010 Wreckers Business location, appearance 4.11.050 Definitions 4.11.0 10 License required 4.11.020 Penalties 4.11.060 (Revised 7/12) Index -16 Recordkeeping 4.11.030 Severability 4.11.300 Unlawful activities 4.11.040