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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 4/19/2016adccW11411 Mayor Suzette Cooke Council President Bill Boyce Councilmembers Jim Berrios Tina Budell Brenda Fincher Dennis Higgins Dana Ralph Les Thomas City of Kent Council MeetingAgenda April 19, 2016 This page intentionally left blank. KENT CITY COUNCIL AGENDAS April 19, 2016 Council Chambers Mayor Suzette Cooke Council President Bill Boyce Councilmember Jim Berrios Councilmember Tina Budell Councilmember Brenda Fincher Councilmember Dennis Higgins Councilmember Dana Ralph Councilmember Les Thomas ********************************************************************* COUNCIL WORKSHOP AGENDA 5 p.m. Subject Speaker Time Levee Accreditation Mike Mactutis/Tim LaPorte 30 min 2015 Year End Wrap-up Aaron BeMiller 45 min COUNCIL MEETING AGENDA 7 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF 4. PUBLIC COMMUNICATIONS A. Historical Note from Kent’s 125th Anniversary B. Public Recognition C. Appointment to Kent Arts Commission D. Proclamation for Stand Against Racism Day E. Community Events F. Introduction of Talbot II Neighborhood Council G. Introduction of Meridian Firs I Neighborhood Council H. Public Safety Report I. Intergovernmental Reports 5. PUBLIC HEARING 6. PUBLIC COMMENT - Please state your name and address for the record. You will have up to three (3) minutes to provide comment. Please address all comments to the Mayor or the Council as a whole. The Mayor and Council may not be in a position to answer questions during the meeting. For more details regarding the public comment process, please refer to the section titled, “Public Comments,” on the reverse side. 7. CONSENT CALENDAR A. Minutes of Previous Meetings and Workshops – Approve B. Payment of Bills – Approve C. Appointment to Kent Arts Commission – Approve D. Parking of Commercial Trucks on City Streets – Ordinance – Adopt (Continued) COUNCIL MEETING AGENDA CONTINUED E. KPG, Inc. Agreement for Meet Me on Meeker – Authorize F. Opiate Substitution Treatment Facilities Code Amendment – Ordinance – Adopt G. Preliminary Plat Validity Periods Ordinance – Adopt H. Recognition of Talbot II Neighborhood Council – Resolution – Adopt I. Recognition of Meridian Firs I Neighborhood Council – Resolution – Adopt J. Ordinance Amending Ch. 9.02 Kent City Code – “Criminal Code” – Adopt K. Ordinance Amending Ch. 9.36 Kent City Code – “Traffic Code” – Adopt L. Drug Forfeiture Funds – Amend Budget and Authorize Expenditure 8. OTHER BUSINESS A. Ordinance Approving 2015 Internal Financing – 72nd Avenue South Improvements Project – Adopt B. 2016 LTGO Bond Refunding Ordinance – Adopt C. M1 Industrial Park Zoning Code Amendment – Ordinance – Adopt 9. BIDS A. Mill Creek Side Channel / Leber Homestead Property – Award B. Pacific Highway Median Planting – Award C. 2016 Plastic Markings – Award D. 2016 Paint Line Striping, Raised Pavement Marking Replacement & S 208th Street Permanent Signing – Award E. 2016 Guardrail Repairs – Award F. Kent Regional Trails Connector – Award 10. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office. The Agenda Summary page and complete packet are on the website at KentWA.gov An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at 253.856.5725. For TDD relay service, call the Washington Telecommunications Relay Service at 1.800.833.6388. COUNCIL WORKSHOP 1) Levee Accreditation, Mike Mactutis/Tim LaPorte 2) 2015 Year End Wrap-up, Aaron BeMiller This page intentionally left blank. CHANGES TO THE AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF This page intentionally left blank. PUBLIC COMMUNICATIONS A) Historical Note from Kent’s 125th Anniversary B) Public Recognition C) Appointment to Kent Arts Commission D) Proclamation for Stand Against Racism Day E) Community Events F) Introduction of Talbot II Neighborhood Council G) Introduction of Meridian Firs I Neighborhood Council H) Public Safety Report I) Intergovernmental Report PUBLIC HEARING This page intentionally left blank. PUBLIC COMMENT This page intentionally left blank. Agenda Item: Consent Calendar 7A – 7B_ CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through L. Discussion Action 7A. Approval of Minutes. Approval of the workshop minutes of March 1, 2016. 7B. Approval of Bills: Approval of payment of the bills received through March 15 and paid on March 15 after auditing by the Operations Committee on April 5, 2016. Approval of checks issued for vouchers: Date Check Numbers Amount 3/15/2016 Wire Transfers 6586 - 6604 $1,982,846.46 3/15/2016 Regular Checks 701526 - 701900 $1,556,817.51 Void Checks ($0.00) 3/15/2016 Use Tax Payable $7,163.96 $3,546,827.93 Approval of checks issued for payroll for March 1 through March 15 and paid on March 18, 2016: Date Check Numbers Amount 3/18/2016 Checks $0.00 Voids and Reissues 3/18/2016 Advices 363313 - 364147 $1,458,043.36 $1,458,043.36 This page intentionally left blank. Kent City Council Workshop Minutes March 1, 2016 The workshop meeting was called to order at 5:00 p.m. by Council President Boyce. Councilmembers present: Berrios, Budell, Fincher, Higgins, Ralph and Thomas. Vegetation Work Plan – Tim LaPorte introduced the City’s Vegetation staff, Heather McIntosh, Joe Codiga, Ryan Carroll, and Scott Schroeder. The staff presented the City’s Work Plan. Codiga highlighted how the plantings are done throughout the City and discussed several of the improvements the staff is responsible for. Schroeder discussed the maintenance of the islands and noted that once established need minimal maintenance after they are refurbished by the staff. Councilmember Ralph communicated that she appreciates the new format on the way the City does its islands due to limited staff. She added that they look great. Councilmember Berrios inquired about James hill and what it could look like. LaPorte replied that the architects are working on it and it should be ready to bid in the next few weeks. He added that the island on the hill will look different. Schroeder added that the species that will be on James will be similar to the islands and have a very good color spectrum. Councilmember Higgins inquired if the vegetation in the islands will be higher and Schroeder communicated that they will be 1 to 2 feet due to traffic and pedestrian viewing restrictions. Councilmember Budell stated that she is very impressed about the Safeco hard pack and confirmed that some of the plants are native, but they were chosen so they are appealing year round. Discussion continued concerning specific plants. Councilmember Fincher confirmed that the plants used were ordered from a company. Codiga noted that the vegetation crew cuts 130 miles of side road vegetation once or twice a year with the three mowers the City has. He continued and discussed holding pond maintenance and tree removal. He noted that there are over 600 sites with 300 of them being holding ponds. The water holding tanks were reviewed and the removal of vegetation around them. The wetland areas in the City were displayed on a map and the work that is done on Veteran’s Drive every year was also discussed. Schroeder replied to Councilmember Berrios that the crew has done some work with volunteer groups and the community on projects concerning vegetation management. He also verified that about 60 people worked on a Green River Resource Area outreach project about a month ago. March 1, 2016 Kent City Council Workshop Meeting Minutes 2 Councilmember Fincher communicated that she attended one of the volunteer events and there were more people there than anticipated. Schroeder communicated that they have an outreach program at the Green River Community College teaching people about the City’s program. Councilmember Thomas verified that maintenance on new developments is usually under bond for about five years, then after that period it is the City’s responsibility. LaPorte noted that the City can’t keep up with the growing grass in the right-of-ways because of a need of a couple mowers and a sweeper. Councilmember Berrios confirmed that a mower costs about $275,000. Council President Boyce thanked Tim and his team for their work and confirmed that there are about 30 vegetation employees with some seasonal staff added. Port of Seattle Economic Development Plan – Dave McFadden, Managing Director at the Port of Seattle communicated the Port’s mission. He stated that there are over 1,800 people employed with the Port and reviewed Port operations. He highlighted that the Port of Tacoma and the Port of Seattle are currently merged and working together under an agreement. He discussed maritime terminals and aviation. He noted that last year the number of total passengers in and out of SeaTac airport since its inception hit 42 million. He stressed a need to increase operations at SeaTac and the possibility of building a second terminal with 35 more gates. He stated that the Port is in the middle of its master plan. He added that concourse C is going to be rebuilt and an international arrivals facility will need to be built due to the number of international travelers coming into the region. Councilmember Thomas confirmed that the Port of Seattle partners with Boeing Field and Paine Field and haven’t discussed offloading any passenger travel at either of those airports. He noted that the plan is to increase operations at SeaTac within 15 years to handle the increased traffic. McFadden highlighted that the Economic Development Division is the newest division at the Port. He stated that the division handles property management and real estate decisions, has a business incubator program, and workforce training on aviation, maritime, and construction trades. McFadden communicated that the Port is looking to occupy sites for USDA food production and distribution. He added that they are enhancing tourism opportunities and have grants for businesses and events to co-market their events through the Port to increase tourism in the area. McFadden replied to Council President Boyce and stated that there may be opportunities for grants for the City when it comes to tourism and joint work can be done on business incubators in the City. Councilmember Higgins discussed the grade separations and noted the success the City has had with the legislature. He stated that there are still eleven that are March 1, 2016 Kent City Council Workshop Meeting Minutes 3 unfunded and inquired about the assistance the Port can give in getting them taken care of. McFadden responded that the Port wants to continue to have the discussions, and freight mobility is very important to them. He stated that the discussion needs to continue because through that dialogue partnerships are born. He suggested going to Olympia as a coalition to continue working for funds. Councilmember Fincher asked about the Port’s grant program and McFadden stated that the information is on their website and the application closes in early April. Kurt Hanson, Deputy Director Economic and Community Development communicated that the Port grant should be communicated. He noted that Kent isn’t a member of the South Sound Alliance and stated that he would love to see Kent at the table. He noted that the City is very interested in incubators and technological manufacturing. Council President Boyce thanked McFadden for his presentation. Meeting adjourned at 6:27 p.m. Ronald F. Moore, MMC City Clerk This page intentionally left blank. Agenda Item: Consent Calendar – 7C_ TO: City Council DATE: April 19, 2016 SUBJECT: Appointment to Kent Arts Commission – Approve SUMMARY: Confirm appointment of Gerard Philpotts to the Kent Arts Commission to fill a vacant position - term expiring October 31, 2019. Gerard Philpotts is an east hill resident who has a long standing interest in the arts. Gerard’s civic involvement dates back to 2003 when he served on Spokane’s Human Services Advisory Board, followed by serving on Issaquah’s Human Services Commission and Sister Cities Commission. Gerard mentioned that a great amount of joy and satisfaction has been added to his life through the arts. Working to create a community where the arts are supported and available to all is something he finds very important and would enjoy serving on Kent’s Arts Commission. I am pleased to recommend appointment of Gerard Philpotts for your confirmation. RECOMMENDED BY: Mayor Suzette Cooke BUDGET IMPACTS: None MOTION: Confirm appointment of Gerard Philpotts to the Kent Arts Commission filling a vacant position - term expiring October 31, 2019. This page intentionally left blank. Agenda Item: Consent Calendar – 7D_ TO: City Council DATE: April 19, 2016 SUBJECT: Parking of Commercial Trucks on City Streets – Ordinance – Adopt SUMMARY: The parking of commercial vehicles, including semi-truck tractors and semi-trailers, is regulated through the Kent City Code (“KCC”). The parking of these trucks and trailers on City streets is regulated under KCC 9.38.130 and KCC 9.38.140, while their parking on private property is regulated under the City’s zoning code provisions at KCC 15.08.085. Under the City’s zoning code, commercial vehicles are not allowed to be parked upon residentially zoned property with an SR-2 or greater zoning designation if they have a gross vehicle weight rating (GVWR) of 26,001 lbs. or more. If residentially zoned property has a zoning designation of SR-1 and a land use of US (urban separator), truck tractors used in the hauling of semi-trailers are not allowed, nor are any other commercial vehicles that are longer than 19 feet. To the knowledge of the Law Department, there have been no enforcement issues with these zoning provisions. Under the City’s parking code, some vehicles may not be parked upon City streets due to their weight. KCC 9.38.130(A) currently provides as follows: No commercial truck, vehicle, van, trailer, or semi-trailer, whether licensed or unlicensed, exceeding eight thousand (8,000) pounds as defined in RCW 46.44.036, 46.44.037, or 46.44.041 may be stored or parked upon any city street for longer than two (2) hours, except for those periods of time when such vehicle is being loaded or unloaded or where parking or storage is otherwise prohibited. Based upon a citizen complaint concerning his neighbor’s parking of a tow truck, the Law Department became aware of some practical enforcement difficulties with KCC 9.38.130. First, it is not clear if the word “commercial” applies only to “truck” or whether it applies and modifies the remaining vehicle types identified. Second, the weight designated of 8,000 pounds is a low number that includes many vehicles used by citizens for regular transportation purposes, including many minivans, cargo vans, and full-size pickups. Third, it is not clear what terms or provisions are intended to be defined by references to RCW 46.44.036, RCW 46.44.037, and RCW 46.44.041. These RCW provisions describe what combination of truck and trailer may be pulled along Washington roads and the maximum weight each axle may bear. However, they are unrelated to determining a vehicle’s weight. Therefore, reference to these RCW provisions in KCC 9.38.130’s present form creates considerable confusion and enforcement difficulties. MOTION: Adopt Ordinance No. , amending sections 9.38.120 and 9.38.130 of the Kent City Code to increase the weight limit for parking and storing large vehicles on City streets applying the prohibition to all vehicles, and adding limited exceptions. This ordinance remedies these problems by amending KCC 9.38.130 to apply the parking prohibition to those vehicles that exceed 14,000 pounds, which generally encompasses vehicles classified as a Class 4 or larger truck with a gross vehicle weight rating of 14,001 pounds or more. This ordinance also removes the permissive 2-hour window and instead ties the exemption to work actively being conducted at the location where the vehicle is parked. Finally, the ordinance does provide an exemption from the prohibition for vehicles engaged in active construction, hired services, loading and unloading, government utility or emergency vehicles, and recreational vehicles regulated under KCC 9.38.145. EXHIBITS: 1) Ordinance 2) Copies of RCWs 46.44.036, 46.44.037, and 46.44.041; 3) Truck Classification Reference Sheet; and 4) Agency Parking Comparison. RECOMMENDED BY: Public Safety Committee YEA: Berrios, Ralph, Thomas NAY: BUDGET IMPACTS: None 1 Amend KCC 9.38.120 and KCC 9.38.130 Re: Parking of Large Vehicles ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending sections 9.38.120 and 9.38.130 of the Kent City Code to (i) increase the weight threshold applicable to the parking and storage prohibition of large vehicles on City streets from 8,000 pounds to 14,001 pounds, (ii) to apply the parking prohibition to all vehicles meeting the weight threshold, not just commercial vehicles; (iii) and to add exemptions to the parking prohibition for vehicles being actively loaded or unloaded, vehicles being used to provide active construction or hired services at an adjacent property, vehicles being used for government, public utility or emergency services, or recreational vehicles regulated under KCC 9.38.145. RECITALS A. The parking of large vehicles, including semi-truck tractors and semi-trailers, is regulated through the Kent City Code. The parking of these large vehicles and trailers on City streets is regulated under the City’s parking code at KCC 9.38.130, while their parking on private property is regulated under the City’s zoning code provisions at KCC 15.08.085. B. Under KCC 15.08.085 and the City’s zoning code, commercial vehicles are not allowed to be parked upon residentially zoned property with an SR-2 or greater zoning designation if they have a gross vehicle weight rating of 26,001 pounds or more. If residentially zoned property 2 Amend KCC 9.38.120 and KCC 9.38.130 Re: Parking of Large Vehicles has a zoning designation of SR-1 and a land use of US (urban separator), truck tractors used in the hauling of semi-trailers are not allowed on the property, nor are any other commercial vehicles that are longer than 19 feet. C. Under KCC 9.38.130 and the City’s parking code, commercial vehicles are not allowed to be parked upon city streets if they exceed 8,000 pounds “as defined in RCW 46.44.036, 46.44.037, or 46.44.041”. The RCW references that follow the weight limitation of 8,000 pounds have created enforcement difficulties for the City because the referenced RCWs do not pertain to the calculation or designation of gross vehicle weight. In addition, the 8,000 pound threshold is low and includes within its parking prohibition many vehicles that citizens may use for daily transportation purposes, including full-size pickup trucks, heavy-duty pickup trucks, minivans, and cargo or step vans. D. This ordinance revises KCC 9.38.130 to remove reference to the inapplicable RCW provisions and to increase the weight threshold at which parking is prohibited from 8,000 pounds to a weight in excess of 14,000 pounds. This ordinance also removes the limited application of KCC 9.38.130 to only commercial vehicles and applies it more broadly to all vehicles with a gross vehicle weight rating in excess of 14,000 pounds. Finally, the ordinance establishes a number of exceptions to the parking limitation based on the vehicle’s weight—a vehicle that is being actively loaded or unloaded, a vehicle that is being used for the exclusive purpose of providing active construction or other hired services to a property at the parked location, recreational vehicles that are regulated under KCC 9.38.145, or government vehicles, public utility vehicles, or emergency vehicles. 3 Amend KCC 9.38.120 and KCC 9.38.130 Re: Parking of Large Vehicles NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment – KCC 9.38.120. Section 9.38.120 of the Kent City Code, entitled “Parking of trucks on city streets—Finding,” is amended as follows: Sec. 9.38.120. Parking and storage of large vehicles trucks on city streets – Finding. A. The city council finds that the parking and storage of commercial trucks, vans, tractor trailers, and semi-trailers, and other vehicles, with a maximum gross vehicle weight rating that exceedsing eight fourteen thousand and one (8,00014,001) pounds, present unacceptable risks and hazards to public health, safety, and welfare when such vehicles are parked or stored on city streets at times when such vehicles are not engaged in business or commercial activity. B. The city council also recognizes that under some circumstances, it may benefit the public health, safety, and welfare to park the above described vehicles on certain city streets, and that there should be a mechanism to permit the chief of police to suspend the enforcement of parking restrictions relating to those vehicles to allow those vehicles to park on city streets temporarily and during certain time frames. SECTION 2. – Amendment – KCC 9.38.130. Section 9.38.130 of the Kent City Code, entitled “Parking and storage of certain vehicles – Penalty,” is amended as follows: Sec. 9.38.130. Parking and storage of large certain vehicles on city streetsvehicles – Penalty and exemptions. 4 Amend KCC 9.38.120 and KCC 9.38.130 Re: Parking of Large Vehicles A. Parking prohibited. No commercial vehicle, including a truck, vehicle, van, trailer, or semi-trailer, whether licensed or unlicensed, that exceedsing fourteen eight thousand and one (8,00014,001) pounds as defined in RCW 46.44.036, 46.44.037, or 46.44.041 may be stored or parked upon any city street for longer than two (2) hours, except for those periods of time when such vehicle is being loaded or unloaded or where parking or storage is otherwise prohibited. B. Exemptions. The parking limitation provided in this section shall not apply to the following: 1. A vehicle that is being actively loaded or unloaded; 2. A vehicle that is being used for the exclusive purpose of providing active construction or other hired services to a property at that location, including construction, carpentry, plumbing, landscaping, and moving services. 3. Recreational vehicles whose parking is regulated under KCC 9.38.145. 4. City of Kent or other government vehicles, public utility vehicles, or emergency vehicles. CB. Penalty and impoundment. Any violation of this section shall be an infraction and punishable by a monetary penalty of two hundred fifty dollars ($250). Vehicles parked in violation of this section are subject to impoundment as provided by law. DC. Authority to suspend enforcement. The chief of police shall have the authority to suspend the enforcement of this section in the event he or she, in his or her discretion, determines that suspension of enforcement will benefit the public health, safety, and welfare. Any suspension of enforcement of this section shall be in writing delivered to the office of the mayor and shall specify the times and dates in which the suspension shall be effective. The suspension of enforcement shall also suspend the 5 Amend KCC 9.38.120 and KCC 9.38.130 Re: Parking of Large Vehicles enforcement of KCC 9.38.180(A)(15), (B)(6), and (C)(2), as well as applicable sections of KCC 9.38.020. Any truck, vehicle, van, trailer, or semi-trailer parked in accordance with the terms of the suspension of enforcement shall be parked in compliance with applicable requirements of the Revised Code of Washington and the Washington Administrative Code. SECTION 3. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 5. – Effective Date. This ordinance shall take effect and be in force thirty days from and after its passage, as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK 6 Amend KCC 9.38.120 and KCC 9.38.130 Re: Parking of Large Vehicles APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2016. APPROVED: day of , 2016. PUBLISHED: day of , 2016. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK P:\Civil\Ordinance\9.38-Parking of Commercial Trucks-Class 4 Ban-KPD.docx 1 PARKING OF COMMERCIAL VEHICLES ON CITY STREETS AND RESIDENTIAL PROPERTY CITY HOW REGULATED TYPE OF VEHICLE PENALTY Kent  Cannot store or park described vehicle on any city street for longer than 2 hrs Exception:  When loading or unloading  Cannot park a detached trailer on any city street Exception:  Trailer involved in accident, red signal placed at each end during hours of darkness, may remain for 24 hours Parking Restriction: No parking on any city street of the following vehicles:  A commercial truck, vehicle, van, trailer, or semi-trailer exceeding 8,000 pounds (incl. Class 2) as defined by referenced RCWs. KCC 9.38.130  Any trailer or semi-trailer, unless attached to a vehicle. KCC 9.38.140(A) Infraction - $250  Cannot park described vehicle on certain private property Exception:  When actively delivering goods Zoning Restriction: Prohibits parking in certain residentially zoned property:  Land use of US (urban separator) and zoning designation of SR-1 (single-family, 1 unit per acre) KCC 15.08.085(A) o No “commercial vehicle,” which includes:  One used in a commercial enterprise that exceeds 19 feet in length  Truck tractors used in the drayage of semi-truck trailers.  Zoning designation of SR-2 or greater (single-family). KCC 15.08.085(B) o Vehicle w/GVWR of 26,001 lbs or more (Class 7) o Trailers w/GVWR of 10,001 or more if the GVWR of combined vehicles is 26,001 lbs or more Enforced through either:  Civil code enforcement action; or  Criminally charged with gross misdemeanor Auburn  Cannot park some large vehicles on any city street, except in those locations that are expressly identified  Cannot park a detached trailer on any city street Exceptions:  Vehicle is actively loading, unloading, or providing services in immediate vicinity AND free flow of traffic unobstructed  Unattached trailer has GVW less than 16,000, then it may be parked in a residential neighborhood for up to 24 hours. Parking Restriction:  No parking on any city street of: o Vehicle w/GVW of 16,000 lbs or more on city streets (top of Class 4 and greater)  Weight via DMV records  Permitted in some locations o Unattached trailer, semitrailer, or pole trailer Infraction - $250 2 CITY HOW REGULATED TYPE OF VEHICLE PENALTY Auburn (cont.)  Cannot park some large vehicles on any city street in residential zoning district Exceptions:  Pick-up trucks falling within Class 3 truck classification w/GVW not exceeding 14,000 lbs.  Principal arterials or minor arterials as designated in City’s transportation comprehensive plan. Parking Restriction: (cont.)  No parking on street in residential zoning district of: o Vehicle w/GVW of 10,000 lbs or more (top of Class 2 and greater) o Includes local streets and collector arterials as designated in City’s transportation comprehensive plan. Infraction - $250  Cannot park any commercial vehicle on any property within certain residential zoning district (R-1)  Cannot park more than 2 commercial vehicles on any property within another residential zoning district (RC) Zoning Restriction:  No parking any commercial vehicle on any property within R-1 residential zoning district  No parking of more than 2 commercial vehicles on any property within the residential conservancy RC zoning district. o “Commercial vehicle” means:  Semi-truck tractors and/or semi- trailers over 26,001 GVWR used in any commercial enterprise (Class 7 and greater) Enforced through:  Civil code enforcement action;  Civil infraction-$250 max  Criminally charged with gross misdemeanor for 3rd or subsequent offense  Civil action in superior court Bellevue  Cannot park any vehicle on any city street for longer than 24 hours Parking Restriction:  No parking on any city street, public way, or in same public place of o Any vehicle for more than 24 hours. Infraction - $25  Cannot park commercial vehicles overnight on any residential property w/o Home Occupation Permit Zoning Restriction:  No parking overnight on residential properties of: o Any commercial vehicle w/o Home Occupation Permit. o “Commercial vehicle” incls:  One used in a commercial enterprise that exceeds 19 feet in length  Truck tractors used in the drayage of semi-truck trailers. Enforced through either:  Civil code enforcement action; or  Criminally charged with misdemeanor 3 CITY HOW REGULATED TYPE OF VEHICLE PENALTY Des Moines  Cannot park certain large vehicles on any city street for longer than 24 continuous hours Parking Restriction:  No parking on any city street or unimproved ROW for more than 24 continuous hours o Any vehicle exceeding 7.5 feet in width; or o Any vehicle exceeding 20 feet in length Infraction - $50  Cannot park commercial vehicles in residential areas (section heading says truck tractors, trailers, and large commercial vehicles) Exceptions:  Vehicles 10,000 lbs or less (Class 1 and Class 2 OK) AND not exceeding 20 feet in length or 7.5 feet in width, with or without mounted camper unit, which are primarily used by the property owner for transportation.  Temporary and non-regular basis, not exceeding 24 hours when sight visibility is not obstructed Zoning Restriction:  No parking of commercial vehicles in residential areas o “Commercial vehicle” is defined as one whose principal use is transportation of commodities, merchandise, produce, freight, animals, or passengers for hire.  Infraction - $250  Civil code enforcement and abatement  Criminally charged w/gross misdemeanor  Civil action in superior court Everett  Cannot park any detached trailer or camper on any city street  Cannot park any vehicle for more than 72 continuous hours on any city street.  Cannot store a vehicle on any city street  Cannot park on city street in residential zone certain large and heavy vehicles Exceptions:  Property is actively loaded or unloaded from such vehicle,  Vehicle is a city vehicle or public utility vehicle providing a service to the public,  Vehicle is an emergency vehicle  Vehicle is currently used at and is located at a specific location within a residential zone for the purpose of assisting/providing services such as construction, carpentry, plumbing, or landscaping to such location  Motorhomes for maximum period of 24 hours Parking Restriction:  No parking on any city street o Any detached trailer or camper o Any vehicle at same location for more than 72 continuous hours o Any vehicle stored on city street or public ROW  No parking on any city street in a residential zone: o Truck, motor home, vehicle-trailer combination, or truck tractor-trailer combination:  w/manufacturer’s GVW in excess of 16,000 lbs (Class 5 and greater),  a length in excess of 20 feet, or  a width in excess of 8 feet Infraction:  $20 – Ticket 1- 3 in yr  $30 – Ticket 4 – 6 in yr  $50 – Tickets 7+ in yr  Cannot park heavy vehicles on residentially zoned lots (Class 5 and greater) Zoning Restriction:  No parking or storage on residentially zoned lots of vehicles over 16,000 lbs GVW (Class 5 and greater) o GVW determined by plate/marker showing manufacturer’s GVWR, or o Presumed less than 16,000 lbs GVW if less than 6 wheels; if 6 wheels or more, presumed 16,000 lbs GVW or more 4 CITY HOW REGULATED TYPE OF VEHICLE PENALTY Federal Way  Cannot park wide commercial vehicles on city streets in residential zones Exceptions:  When engaged in deliveries  When as support to an ongoing business activity, such as construction, moving, carpentry, plumbing, or landscaping, but only for the time reasonable and necessary to support the activity or make the delivery. Parking Restriction:  No parking on any city street in residentially zoned areas of: o A commercial vehicle more than 80 inches wide overall (≈ 6.66 feet) Infraction:  1st vio. = $100  2nd vio. = $200  3rd/subsequent vio.=$300  Cannot park certain commercial vehicles on residentially zoned lots Exceptions:  One commercial vehicle (standard pickup, light duty truck, or passenger vehicle) that does not exceed 10,000 lbs GVW rating (as defined by RCW 46.25.010) per residentially zoned lot (Class 2 max)  One commercial vehicle regardless of GVWR when parked or stored on lot zoned RS 35.0 (single-family residential zone) or SE (suburban estates zone)  When parked for exclusive purpose of loading or unloading and does not exceed 48 hours  When parked for construction purposes pursuant to a valid development permit  One commercial vehicle not more than 9 feet in height and 22 feet in length if used for private construction purposes and when not visible from ROW or access easement and not parked in driveway Zoning Restriction:  No parking or storage of commercial vehicles on residentially zones lots o “Commercial vehicle” is defined as one whose principal use is transportation of commodities, merchandise, produce, freight, animals, or passengers for hire.  Criminally charged with a misdemeanor  Civil code enforcement and abatement  Civil action in superior court Issaquah  Cannot park any vehicle on any city street longer than 24 hours  Cannot park certain large vehicles on any city street in a residential area for more than 6 hours Parking Restriction:  No parking on any city street or publically owned parking lot for a period exceeding 24 hours.  No parking on any city street within a residential area of the city o Any vehicle exceeding 30 feet in length for more than 6 hours  “Residential area” means those portions zoned or used for single- family or multi-family residential purposes Infraction –$250 or less  Cannot park commercial vehicles in residential areas Exceptions:  Temporary parking for delivery, pick up, moving, or service activities.  Heavy equipment parked on site that is in process of being developed Zoning Restriction:  No parking or storing of commercial vehicles in residential areas o “Commercial vehicle” = vehicle of size, weight not typically found in residential area o e.g., a pickup truck w/commercial logo okay, but semi-truck, semi-cab, tractor trailer, or heavy equipment not OK  Infraction - $250 or less  Civil code enforcement and abatement  Criminally charged w/gross misdemeanor  Civil action in superior court 5 CITY HOW REGULATED TYPE OF VEHICLE PENALTY Kirkland  Cannot park any trailer on any city street or off-street public parking facility Exception:  Any off-street parking facility signed by traffic engineer for the parking of trailers and adjacent to a public park, recreational area, and boat launch site  Cannot park truck tractor or heavy vehicle on any city street or off-street public parking facility Exception:  Any area identified on map that does not include or abut residential uses where director designated excluded vehicles may be parked DOES NOT extend to private property Parking Restriction:  No parking on any city street or off-street public parking facility: o Any trailer o A truck tractor or vehicle w/a GVW of 25,000 lbs or more (high Class 6 and greater)  “Truck tractor” incl. any vehicle designed and used primarily for drawing other vehicles. Infraction - $35 or such other amount as set though court’s penalty schedule Puyallup  Cannot park any vehicle on city streets for more than 72 hours.  Cannot park any truck, trailer, or other conveyance wider than 7 ft. on city street, unless actually loading or unloading it.  In some residential zones a parking permit is required, and a parking permit will not be issued to the described trucks, trailers, and commercial vehicles DOES NOT extend to private property Parking Restriction:  No parking on any city street o Any vehicle for more than 72 continuous hours o Any truck and/or trailer or other conveyance that is over 84 inches (7 ft) wide, except while actually loading or unloading  Provides that parking permits in restricted parking zones in residential areas will not be issued to: o Truck w/GVWR over 24,000 lbs (mid Class 6 and greater) or more than 22 ft long o Trailer w/GVWR over 10,000 lbs or more than 20 ft long o Comm’l vehicle w/width of 8 ft or more o Truck/trailer w/o current license o Truck/trailer/vehicle that is sight distance obstruction, impairs ER vehicle o RV w/GVWR of 24,000 lbs or more, or longer than 28 ft Infraction - $35 Redmond  Cannot park any vehicle on any city street longer than 24 hours  Cannot park certain large vehicles on any city street in a residential area for more than 6 hours DOES NOT extend to private property Parking Restriction:  No parking on any city street for a period exceeding 24 hours.  No parking on any city street within a residential area of the city o Any vehicle exceeding 30 feet in length for more than 6 hours  “Residential area” means those portions zoned or used for single- family or multi-family residential purposes Infraction – $250 or less* * Penalty as set by Council through penalty schedule 6 CITY HOW REGULATED TYPE OF VEHICLE PENALTY Renton  Cannot park any trailer, or any bus or truck used for business purposes, within any residential zone from the hours of 9 p.m. to 6 a.m. Exception:  Recreation trailers  Pickup and panel trucks of less than one-ton rated capacity  Cannot park certain vehicles on the ROW if all of the adjacent structures are residential dwellings Exceptions:  Vehicles engaged in deliveries or as support to an ongoing business activity, such as construction or moving, for that time reasonable and necessary to support the activity or make the delivery  Commercial vehicles used for passenger or community purposes that are under 12,000 lbs (mid Class 3 and below)  Privately owned recreational vehicles and boats, unless park of a commercial activity such as sales, repairs, or servicing.  Utility trucks when owned by a public or quasi- public agency and when the drivers are required by their employment to respond to emergencies  Can park some commercial vehicles and large vehicles on ROW under listed limitations Exceptions:  Vehicles engaged in deliveries or as support to an ongoing business activity, such as construction or moving, for that time reasonable and necessary to support the activity or make the delivery  Commercial vehicles used for passenger or community purposes that are under 12,000 lbs (mid Class 3 and below)  Privately owned recreational vehicles and boats, unless park of a commercial activity such as sales, repairs, or servicing.  Utility trucks when owned by a public or quasi- public agency and when the drivers are required by their employment to respond to emergencies DOES NOT extend to private property Parking Restriction:  No parking within any residential zone from the hours of 9 p.m. to 6 a.m. the following vehicles: o All types of trailers designed to be drawn by a motor vehicle, except recreation trailers o Buses and trucks used for business purposes in whole or in part, excluding pickup or panel trucks of less than one- ton rated capacity.  No parking of any trailer or semi-trailer disconnected from a commercial vehicle on any street or public property at any time  No parking on any ROW in which all of the adjacent structures are occupied as residential dwellings: o Any commercially licensed vehicle o Any vehicle over 12,000 lbs GVW (mid Class 3 and greater) o “Adjacent structures” means those on the same side of the ROW as the area for parking and within the same block. o “GVW” is defined by RCW 46.16.111. (now RCW 46.16A.455)  If all of the adjacent structures are not residential dwellings, and there is existing developed commercial or business occupancies, parking of commercial vehicles or vehicles over 12,000 GVW is permitted only on that portion of the ROW abutting developed commercial or business property, BUT o Parking prohibited for more than 2 hours. o Commercial vehicles and vehicles over 12,000 lbs GVW prohibited between hours of 12:00 a.m. and 3:00 a.m. and hours of 9:00 p.m. and 6:00 a.m. o No parking a commercial vehicle within 500 feet of residential dwellings o No operation of any motor, engine, compressor, or other device for more than 10 consecutive minutes or a total of 10 minutes within any 2 hour period. Infraction – $250 or less* * Actual fee schedule to be set by municipal court judge 7 CITY HOW REGULATED TYPE OF VEHICLE PENALTY Vancouver  Cannot park certain vehicles on city streets in residential areas Exceptions:  Parked for a reasonable amount of time for the express purpose of loading or unloading  When as support to an ongoing business activity, such DOES NOT extend to private property Parking Restriction: No parking on any city street within a residential area of the City:  A truck with a gross weight capacity in excess of 9,000 lbs (high Class 2 or greater)  A trailer  A travel trailer  A motor home Infraction - $30 P:\Civil\Files\Open Files\2063-Parking of Commercial Trucks\Agency Comparison.docx Agenda Item: Consent Calendar – 7E_ TO: City Council DATE: April 19, 2016 SUBJECT: KPG, Inc. Agreement for Meet Me on Meeker – Authorize SUMMARY: At the Economic and Community Development Committee meeting of April 11, 2016, the Committee recommended an agreement with KPG, Inc., to take the next step of the place-making project “Meet Me on Meeker”—a cross-department initiative to spur vibrancy along the Meeker Street commercial corridor. With anticipated private development proposals for multiple parcels along the corridor, it is imperative the City also develop new design elements along Meeker Street and establish a look and feel within the right-of-way that is supportive of the principles of “complete streets.” This project will create a Corridor Master Plan for the City that will build upon previous work accomplished thus far—especially the Meeker Street Transportation Study’s recent recommendations—by developing a preliminary design for the corridor. EXHIBITS: 1) ECDC Memo 2) KPG Consultant Service Agreement 3) Scope of Work RECOMMENDED BY: Economic & Community Development Committee YEA: Boyce, Berrios, Budell NAY: BUDGET IMPACTS: Meet Me on Meeker Project MOTION: Authorize Mayor to sign the 2016 Consultant Service Agreement with KPG, Inc. for “Meet me on Meeker” Preliminary Design and Corridor Master Plan review, not to exceed $75,000.00, subject to final terms and conditions acceptable to the City Attorney and Economic and Community Development Director. This page intentionally left blank. ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue S. Kent, WA 98032-5895 Date: April 11, 2016 TO: Chair Bill Boyce and Economic & Community Development Committee FROM: Bill Ellis & Hayley Bonsteel, Economic Development Analyst & Planner RE: Meet Me on Meeker – KPG Contract For Meeting of 4/11/16 SUMMARY: The City of Kent is taking the next step of the place-making project “Meet Me on Meeker”—the cross-department initiative to spur vibrancy along the Meeker Street commercial corridor. With anticipated private development proposals for multiple parcels along the corridor, it is imperative the City also develop new design elements along Meeker Street and establish a look and feel of within the right-of- way that is supportive of the principles of “complete streets.” This project will create a Corridor Master Plan for the City that will build upon previous work accomplished thus far—especially the Meeker Street Transportation Study’s recent recommendations—by developing a preliminary design for the corridor. This will begin to flesh out and integrate urban design elements along the length of the corridor and show potential median, sidewalks, planters and driveway locations. This holistic picture constructed from the recommendations can be used for discussions with the community as well as presentations to prospective developers. The work by KPG can be used by the City to refine specific street standards and define frontage improvement requirements. This next stage in the project will result in illustrations of street cross sections for each segment of the corridor with representative urban design/streetscape enhancements that respond to the different land use contexts of Meeker Street. These elements include detailed sidewalk widths and treatments, crosswalks, driveways or street entrances, street trees, lighting, street furniture, and possible integrated identity/branding elements that can help establish the context and place of each segment of Meeker Street. The accompanying 10 percent design would layout these features along Meeker Street to establish the preliminary design of the corridor and assist staff in estimating costs. EXHIBITS: KPG Scope BUDGET IMPACT: $74,708.37 cc: Ben Wolters, Economic &Community Development Director MOTION: Recommend to the full City Council approval of the 2016 Consultant Service Agreement with KPG, Inc. for Meet me on Meeker Preliminary Design and Corridor Master Plan review, not to exceed $75,000.00 This page intentionally left blank. CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and KPG, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and KPG, Inc. organized under the laws of the State of Washington, located and doing business at 753 9th Aveune N., Seattle, WA 98109 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: This is a Consultant Service Agreeement between the City of Kent and KPG, Inc to perform review on the Meet me on Meeker preliminary design and corridor master plan. Detail are attached and incorporated in the exhibit A, Scope of Work. This will be a 6 m onth agreeement not to exceed $75,000.00. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I within 6 months. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $75,000.00, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorizati on of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execut ion of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant’s services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant’s services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant’s possession pertaining to this project, which may be used by the City without restriction. If the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, dis criminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2 , and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, i njuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consult ant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then Consultant shall pay all the City’s costs for defense, i ncluding all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Consultant’s part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under th e Public Records Act. The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to th e City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in th e performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provis ions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documen ts are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. / / / / / / / / / / / / K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Suzette Cooke Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: John Davies KPG, Inc 753 9th Ave. N. Seattle, WA 18109 206-286-1640 (telephone) (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Bill Ellis City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5707 (telephone) (253) 253-856-6454 (facsimile) APPROVED AS TO FORM: Kent Law Department EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ City of Kent 1 of 5 KPG Preliminary Design and Corridor Master Plan 3/1/2016 EXHIBIT A-1 City of Kent Meet Me on Meeker Preliminary Design and Corridor Master Plan KPG Scope of Work March 9, 2016 A. Project Description / Background The City of Kent is taking the next step in developing its Meeker Street corridor into a vibrant urban corridor. With anticipated private development proposals for multiple parcels along the corridor, the City desires to develop the design elements of the Meeker Street corridor and establish the look and feel of the corridor within the right-of-way. This project will create a Corridor Master Plan for the City that will build upon the Meeker Street Transportation Study’s recommendations by developing a preliminary design for the corridor that will integrate urban design elements with the layout of the corridor, showing medians, sidewalks, planters and potential driveway locations. This holistic picture for the corridor will be used for discussions with the community and developers and can be used by the City to define street standards and frontage improvement requirements. This effort will illustrate the street cross sections for each segment of the corridor, with representative urban design/streetscape enhancements that respond to the different land use contexts of Meeker Street. These elements include sidewalk widths and treatments, crosswalks, driveways or street entrances, street trees, lighting, street furniture, and integrated identity/branding elements that will establish the context and place of each segment of Meeker Street. The Corridor Master Plan will include a 10 percent CAD layout of the corridor on an aerial map showing the lane channelization, curb locations, on-street parking locations, landscaped medians, and pedestrian and bicycle facilities. Products within the Corridor Master Plan would include cross-sections by corridor segment, conceptual driveway/access designs, streetscape elements, and identity/branding concepts for the corridor. The accompanying 10 percent design would layout these features along Meeker Street to establish the preliminary design of the corridor. B. Project Limits The Meeker Street corridor extends from Kent-Des Moines Road (SR 516) to Central Way. This segment within the downtown core has been largely developed and the focus of this study is the length of Meeker Street to the west of downtown between SR 516 and 4th Avenue. C. Assumptions In order to proceed with the Preliminary Design and Corridor Master Plan the following assumptions were made to provide direction with design:  Project base maps will be based on available aerials and parcel data to determine available right-of-way (ROW).  The project will provide a preliminary (10%) design of the Meeker Street corridor, which will establish the layout for the further design efforts.  Topographic survey of the corridor is not included. EXHIBIT A-1 City of Kent 2 of 5 KPG Meet Me on Meeker Street 3/9/2016  Tasks related to community and stakeholder involvement will be included in a future scope of work. D. Deliverables Deliverables prepared by the Consultant are identified at the end of each task. E. City of Kent Provided Items: The City will provide/prepare the following:  City GIS including surface utilities and high resolution aerials.  AutoCAD templates illustrating City drawing standards for Consultant use.  Previously completed studies and reports.  Mailing and postage for public notices.  Meeting room arrangements. Preparation of notices and press releases. F. Scope of Work Task 1 Project Management / Coordination / Administration The estimated project phase durations for the Preliminary Design is 6 months. 1.1 The Consultant will provide continuous project management for the duration of the project, including conducting regular team meetings with internal staff and subconsultants (estimate 6 months). 1.2 The Consultant will prepare monthly progress reports identifying work completed in the previous month, work in progress, upcoming work elements, and reporting of any delays, problems, or additional informational needs. These reports will be submitted with the Consultant invoices. 1.3 The Consultant will prepare and update project schedule. 1.4 Coordinate with City staff, including preparation and attendance of up to 6 monthly coordination meetings throughout the duration of the project with 2 additional meetings to address specific topic areas as needed throughout the project. Level of effort for this task is based on an average of 2 Consultant staff at each of the following meetings:  One formal kickoff meeting at project start  Meetings at the City or KPG offices throughout the project duration (estimate 10). Deliverables  Project Schedule and necessary updates  Monthly progress reports and invoicing (6 months) EXHIBIT A-1 City of Kent 3 of 5 KPG Meet Me on Meeker Street 3/9/2016 Task 2 Design Concepts 2.1 The Consultant will review available background documents used to inform the design process.  Meeker Street Corridor Study – 2016  Meeker Street Corridor Investment Study (SGA) - 2015  Downtown Design Guidelines – 2014  Downtown Area Subarea Action Plan – 2013  Design & Construction Standards – 2009  Draft Comprehensive Plan – 2015  Kent Valley Loop Trail Plan – 2013  Let’s Go Kent Non-Motorized Study – 2012  Kent Transportation Master Plan – 2006  Non-Motorized Transportation Plan – 2006  Conceptual design for SR 169 underpass artistic lighting installation. 2.2 The Consultant will analyze and develop initial vision for streetscape elements built around the City’s Downtown Urban Design Guidelines, the Downtown Overlay Street Standards and supplemented by analysis of the existing and future land uses and characteristics of the corridor. The task will develop conceptual urban design elements for Meeker Street that will define the character within the right-of-way. The streetscape elements will include a variety of urban design features such as sidewalk and crosswalk treatments and materials, lighting, landscaping elements, wayfinding signage, banners, and potential art that will establish the look and feel of the corridor. The Consultant will prepare a specific design for up to three (3) alternatives which will provide the general scale, colors and materials to be used in the corridor. 2.3 The Consultant will develop photo simulations to illustrate the final street design alternative at three (3) locations that apply the streetscape elements to the Meeker Street corridor. Deliverables  Alternative design elements for Meeker Street Corridor.  Photo simulations showing applied streetscape elements and character. Task 3 Conceptual Preliminary Design 3.1 Using available data, aerial maps, and assessor’s maps, the Consultant will develop a base map in AutoCAD format, showing existing curb lines, back of sidewalk, channelization, curb ramps, ROW center line, and approximate right-of-way. Surface utility line work shall be imported from City GIS. 3.2 Building on the recommendations of the Meeker Street Transportation Analysis and the corridor design concepts, the Consultant will develop up to 9 specific street cross-sections to a establish typology and defined character for section of the Meeker Street corridor. These street sections will integrate the urban design elements from Task 2 to illustrate the look, EXHIBIT A-1 City of Kent 4 of 5 KPG Meet Me on Meeker Street 3/9/2016 feel and identity for the corridor. 3.3 Evaluate property access alternatives considering driveway consolidation/shared access, driveway relocations, and parking impacts/remedies as appropriate to achieve the City’s access goals. 3.4 A preliminary corridor layout will be developed by the Consultant showing the entire corridor (curb, gutter, sidewalk, channelization layout only) and identifying the location of each street sections. This preliminary design will be sufficient for completing planning-level cost estimates and allow the City to pursue grant funding applications. 3.5 Based on the preliminary corridor layout, three planning-level cost estimates will be prepared to assist the City in its budgeting and planning for the development of the Meeker Street corridor:  Washington Avenue to the Interurban Trail, including the Lincoln Avenue/Meeker Street intersection.  Green River Bridge to Russell Road.  Russell Road to 64th Avenue including the 64th Avenue/Meeker Street intersection. Deliverables  Electronic copies of the completed aerial photo and base map will be delivered to the City.  Two (2) Conceptual cross-sections for each corridor segment, 11x17 hard copy  Two (2) Preliminary (10 percent) corridor layout, hard copy scroll plot and electronic copy, PDF Task 4 Corridor Master Plan 4.1 Assemble the results from Tasks 2 and 3 into a draft Corridor Master Plan for Meeker Street. This document will establish the corridor’s conceptual design and establish the guidance that can be used to inform street standards. It will include discussions of potential identity and branding. 4.2 Following review by the City, the Corridor Master Plan will be finalized. Deliverables  Draft Corridor Master Plan  Final Corridor Master Plan. Task 5 Public Involvement Support (as requested) 5.1 KPG will make their project manager, senior engineer, project engineer/senior urban designer, CAD technician and urban designer available upon request by the City in support of public involvement tasks which may include, but are not limited to, the following: open house meetings (2), stakeholders meetings (4), council committee meetings (2), and/or other activities designed and assigned by City of Kent’s Economic and Community EXHIBIT A-1 City of Kent 5 of 5 KPG Meet Me on Meeker Street 3/9/2016 Development staff. A maximum of up to $10,500 (up to 100 hours) will be added to the Base Contract to cover work elements as approved by the City’s Project Manager. G. Project Cost:  Base Contract Amount: $64,200  Public Involvement (reserved): $10,500 HOUR AND FEE ESTIMATE Project: City of Kent Meet Me on Meeker - Preliminary Design March 1, 2016 Hours Total Fee 119.77$ 179.98$ 142.70$ 109.07$ 66.00$ 69.29$ Task Description Direct Salary Costs (DSC)45.80$ 68.83$ 54.57$ 41.71$ 25.24$ 26.50$ Task 1: Project Management 1.1 Project coordination and management 20 20 2,395.46$ 1.2 Prepare monthly progress reports 6 6 12 1,134.41$ 1.3 Prepare and update project schedule 6 6 718.64$ 1.4 Monthly Coordination Meetings 6 4 4 4 18 2,445.62$ Reimbursable expenses - see breakdown for details 51.75$ 38 4 4 4 0 6 56 6,745.88$ Task 2: Design Concepts 2.1 Background Review 2 4 6 12 1,585.15$ 2.2 Urban Design/streetscape elements 2 8 24 48 82 7,166.73$ 2.5 Photosimulations 2 8 24 34 2,816.51$ Reimbursable expenses - see breakdown for details 69.00$ 2 4 12 38 72 0 128 11,637.39$ Task 3: Conceptual Preliminary Design 3.1 Basemap Development 2 4 48 64 118 10,269.57$ 3.2 Street Cross-Sections 4 2 8 24 16 54 5,654.24$ 3.3 Property Access Evaluation 4 2 4 8 18 2,282.38$ 3.4 Prelminary Corridor Layout 2 2 8 48 56 116 10,672.32$ Reimbursable expenses - see breakdown for details 69.00$ 12 6 54 152 136 0 360 35,845.98$ Task 4: Corridor Master Plan 4.1 Draft Plan 12 4 8 32 8 2 66 7,455.52$ 4.2 Final Plan 4 4 8 4 4 24 2,463.59$ Reimbursable expenses - see breakdown for details 60.00$ 16 4 12 40 12 6 90 9,979.11$ TOTAL HOURS AND TOTAL ESTIMATED FEE 68 18 82 234 220 12 634 64,208.37$ Task 5: Public Involvement - RESERVED 5.1 Public Involvement - As requested up to $10,500 22 8 10 22 28 10 100 10,442.26$ Reimbursable expenses 57.74$ 22 8 10 22 28 10 100 10,500.00$ 90 26 92 256 248 22 734 74,708.37$ Direct Salary Costs 45.80$ 68.83$ 54.57$ 41.71$ 25.24$ 26.50$ Overhead @ 131.49%60.23$ 90.50$ 71.75$ 54.84$ 33.19$ 34.84$ 131.49% Fixed Fee @ 30%13.74$ 20.65$ 16.37$ 12.51$ 7.57$ 7.95$ 30.00% Total Labor Rate 119.77$ 179.98$ 142.70$ 109.07$ 66.00$ 69.29$ Exhibit D Labor Hour Estimate Task Total Task Totals Task Total Hourly rates are based on the following: Project Manager Senior Engineer Project Engineer/ Sr Urban Designer Design Engineer/ Landscape Architect Clerical TOTAL BASE AND RESERVED HOURS AND FEE Task Total Task Total CAD Technician/ Urban Designer HOUR AND FEE ESTIMATE Project: City of Kent Meet Me on Meeker - Preliminary Design March 1, 2016 Reimbursable Breakdown Task 1: Project Management Mileage (est. 90 miles x 0.575 cents/mile)51.75$ Task 1 - Total 51.75$ Task 2: Design Concepts Mileage (est. 120 miles x 0.575 cents/mile)69.00$ Task 2 - Total 69.00$ Task 3: Conceptual Preliminary Design Mileage (est. 120 miles x 0.575 cents/mile)69.00$ Task 3 - Total 69.00$ Task 4: Corridor Master Plan Reproduction 60.00$ Task 4 - Total 60.00$ 249.75$ Exhibit D Exhibit D FEE SUMMARY Project: City of Kent Meet Me on Meeker - Preliminary Design 3/1/2016 Description Estimated Fee Task 1: Project Management $6,745.88 Task 2: Design Concepts $11,637.39 Task 3: Conceptual Preliminary Design $35,845.98 Task 4: Corridor Master Plan $9,979.11 Task 5: Public Involvement - RESERVED $10,500.00 Total Estimated Fee $74,708.37 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $4,000,000 general aggregate. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. This page intentionally left blank. Agenda Item: Consent Calendar – 7F_ TO: City Council DATE: April 19, 2016 SUBJECT: Opiate Substitution Treatment Facilities Code Amendment – Ordinance – Adopt SUMMARY: State law places responsibility for certification and approval of opiate substitution treatment facilities under the jurisdiction of the Department of Social and Health Services, which may only certify facilities in accordance with local land use ordinances. Opiate substitution treatment facilities are currently considered a “professional service: medical, clinics, and other health care-related service” according to Kent City Code, and are permitted in nearly every commercial, manufacturing or industrial district in the City. However, opiate substitution treatment facilities can have differing impacts from other medical offices, particularly due to high levels of pedestrian queueing and potential for graffiti, litter or other impacts to adjacent businesses. The proposed draft amendment therefore addresses this need for a new definition, zoning, and development conditions, including documentation requirements to ensure the City has adequate information about any potential opiate substitution treatment facility project. Staff notes that this proposal also includes a 500-foot spacing requirement, ensuring that facilities are reasonably distributed within the CM-1 district in which they are proposed to be allowed with a conditional use permit. Given that these facilities are not currently defined or addressed in Kent’s zoning code, staff has developed a new definition and associated development conditions to regulate opiate substitution facilities. The proposed amendment would only allow opiate substitution facilities in the Commercial Manufacturing-1 (CM-1) zone with a conditional use permit and various other requirements, including execution of a “good neighbor” contract agreement. EXHIBITS: Ordinance RECOMMENDED BY: Economic and Community Development Committee YEA: Boyce, Berrios, Budell NAY: BUDGET IMPACTS: None MOTION: Adopt Ordinance No. , amending Title 15 of the Kent City Code related to opiate substitution treatment facilities. This page intentionally left blank. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapters 15.02 and 15.04 of the Kent City Code, to define “opiate substitution treatment facilities” and adopt appropriate land use controls to regulate them. RECITALS A. The state of Washington has declared that while opiate substitution drugs used in the treatment of opiate dependency are addictive substances, they nevertheless have several legal, important, and justified uses and that one of their appropriate and legal uses is, in conjunction with other required therapeutic procedures, in the treatment of persons addicted to or habituated to opioids. B. Because opiate substitution drugs used in the treatment of opiate dependency are addictive and are listed as a schedule II controlled substance in chapter 69.50 RCW, the state of Washington has the legal obligation and right to regulate the use of opiate substitution treatment. The state of Washington has declared its authority to control and regulate, in consultation with counties and cities, all clinical uses of opiate substitution drugs used in the treatment of opiate addiction. 1 Amend KCC 15.02, 15.04 - Re: Opiate Substitution Treatment Facility Development Conditions C. Washington state law places responsibility for the licensing and location approval of opiate substitution treatment facilities under the jurisdiction of the State Department of Social and Health Services. Pursuant to RCW 70.96A.410, the Department may only certify clinics that are in compliance with local land use ordinances. D. The Kent City Code (“KCC”) does not currently define “opiate substitution treatment facilities” or provide any specific land use regulations related to the zoning of these facilities beyond those generally applicable to all medical and other health-care related clinics. E. Opiate substitution treatment facilities have land use impacts that differ from those associated with other types of medical clinics, including, but not limited to: a high volume of patients receiving daily medical treatment during a short window of time; the distribution of medications that have the potential for unauthorized re-distribution by their intended recipients; and increased loitering in and around the facilities themselves. F. RCW 70.96A.410(1)(b) specifically provides that cities may require conditional or special use permits, with reasonable conditions, related to the location and operation of opiate substitution treatment facilities. G. On February 8, 2016, Planning staff presented the Land Use and Planning Board (“LUPB”) with an overview of the need for a new definition and associated regulations at a workshop meeting, and received authorization to proceed with an amendment proposal. H. On March 7, 2016, the City requested expedited review under RCW 36.70A.106 from the Washington State Department of Commerce 2 Amend KCC 15.02, 15.04 - Re: Opiate Substitution Treatment Facility Development Conditions regarding the City’s proposed code amendments related to development regulations applicable to opiate substitution treatment facilities. The Washington State Department of Commerce granted the request for expedited review on March 22, 2016. No comments were received from State agencies. I. On March 14, 2016, Planning staff presented draft code amendments to the LUPB at a workshop meeting and answered questions about the proposed zoning, the City’s role in regulation, and the proposed documentation requirements for the conditional use permit. J. On March 21, 2016, the City conducted and completed environmental review under the State Environmental Policy Act (SEPA). The City’s SEPA Responsible Official issued a Determination of Nonsignificance for the code amendments. K. At its regularly-scheduled public meeting o n March 28, 2016, the LUPB held a public hearing regarding the proposed code amendments related to opiate substitution treatment facilities. After considering the matter, the LUPB voted to recommended approval of the proposed amendments to the City Council. As a matter of clarification, it should be noted that two ordinances amending different portions of the same land use table in KCC 15.04.090 were considered at the same meeting, albeit after separate public hearings. L. On April 11, 2016, the Economic and Community Development Committee considered the recommendations of the LUPB at its regularly-scheduled meeting, and recommended to the full City Council adoption of the proposed code amendments. M. At its regularly-scheduled meeting on April 19, 2016, the City Council voted to adopt the amendments to portions of Chapters 15.02 and 3 Amend KCC 15.02, 15.04 - Re: Opiate Substitution Treatment Facility Development Conditions 15.04 of the Kent City Code, pertaining to opiate substitution treatment facilities. N. The Kent City Council declares and finds that it is appropriate and necessary, and in the interest of the public health, safety and welfare, to define and classify opiate substitution treatment facilities and adopt land use controls to regulate these facilities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – New Section. Chapter 15.02 of the Kent City Code, entitled “Definitions,” is hereby amended to add a new section 15.02.307, entitled “Opiate substitution treatment facility,” to read as follows: Sec. 15.02.307. Opiate substitution treatment facility. Opiate substitution treatment facility means an agency, business, clinic or other facility that administers opiate substitution treatment services, including the dispensing of approved opioid agonist treatment medication used in the treatment of opiate dependency, in accordance with RCW 70.96A.400 through 420, and WAC 388-877B-0400, et seq. SECTION 2. – Amendment. Chapter 15.04.090 of the Kent City Code, entitled “Service land uses,” is hereby amended to read as follows: 4 Amend KCC 15.02, 15.04 - Re: Opiate Substitution Treatment Facility Development Conditions Sec. 15.04.090 Service land uses Zoning Districts Key P = Principally Permitted Uses S = Specia Uses C = Conditional Uses A = Accessory Uses A-10 AG SR -1 SR -3 SR -4. 5 SR -6 SR -8 MR -D MR -T1 2 MR -T1 6 MR -G MR -M MR -H MH P NC C CC DC DC E MT C -1 MT C -2 MC R CM -1 CM -2 GC M1 M1 -C M2 M3 Finance, insurance, real estate services P (22 ) P P (1) (12 ) P P P P P P P P P (2) Personal services: laundry, dry cleaning, barber, salons, shoe repair, launderettes P (22 ) P P (12 ) P P P P P P P (10 ) P (10 ) P (2) (10 ) Mortuaries P (12 ) P P P Home day- care P P P P P P P P P P P P P P P P P P P P P P P P P P P P Day-care center C C C C C C C P P P P P P P P P P P P P P P P P P P P P Business services, duplicating and blue printing, travel agencies, and employment agencies P (12 ) P P P P P P P P P (2) Building maintenance and pest control P P P P P P P (2) Outdoor storage (including truck, heavy equipment, and contractor P P A A A A C (9) P 5 Amend KCC 15.02, 15.04 - Re: Opiate Substitution Treatment Facility Development Conditions Zoning Districts Key P = Principally Permitted Uses S = Specia Uses C = Conditional Uses A = Accessory Uses A-10 AG SR -1 SR -3 SR -4. 5 SR -6 SR -8 MR -D MR -T1 2 MR -T1 6 MR -G MR -M MR -H MH P NC C CC DC DC E MT C -1 MT C -2 MC R CM -1 CM -2 GC M1 M1 -C M2 M3 storage yards as allowed by development standards, KCC 15.04.190 and 15.04.195) Rental and leasing services for cars, trucks, trailers, furniture, and tools P P P P P P P (2) Auto repair and washing services (including body work) C P P P P P P (21 ) (23 ) Repair services: watch, TV, electrical, electronic, upholstery P P (12 ) P P P P P P P (2) Professional services: medical, clinics, and other health care-related services P (20 ) P P P P P P P P P P (2) Opiate substitution treatment facility C(3 ) Heavy equipment and truck repair P P P C (9) P Contract construction service P (16 ) P P P (16 ) P (17 ) P (17 ) P (2) (17 P 6 Amend KCC 15.02, 15.04 - Re: Opiate Substitution Treatment Facility Development Conditions Zoning Districts Key P = Principally Permitted Uses S = Specia Uses C = Conditional Uses A = Accessory Uses A-10 AG SR -1 SR -3 SR -4. 5 SR -6 SR -8 MR -D MR -T1 2 MR -T1 6 MR -G MR -M MR -H MH P NC C CC DC DC E MT C -1 MT C -2 MC R CM -1 CM -2 GC M1 M1 -C M2 M3 offices: building construction , plumbing, paving, and landscaping ) Educational services: vocational, trade, art, music, dancing, barber, and beauty P P P P P P P P P (2) Churches S (4 ) S (4) S (4) S (4) S (4) S (4) S (4 ) S (4 ) S (4 ) S (4 ) S (4 ) S (4) S (4) S (4) S (4) S (4) S (4) S (4) S (4) S (4) S (4) S (4) S (4) Administrati ve and professional offices – general P P (12 ) P P P P C P P P P P (2) Municipal uses and buildings P (13 ) P (13 ) P P (13 ) P (13 ) P (13 ) P (13 ) P (13 ) P (13 ) P (13 ) P (13 ) P (2) (13 ) P (13 ) Research, development , and testing P C P P P P P P (2) P (14 ) Accessory uses and structures customarily appurtenant to a permitted use A A A (7) (24 ) A (24 ) A (24 ) A (24 ) A (24 ) A A A A A A A (18 ) A (18 ) A (19 ) A (19 ) A (19 ) A (19 ) A (19 ) A (18 ) A (18 ) A (18 ) A A A A Boarding kennels and breeding establishme nts C C C Veterinary clinics and C P (8) P (8) P (8) P (8) P (8) 7 Amend KCC 15.02, 15.04 - Re: Opiate Substitution Treatment Facility Development Conditions Zoning Districts Key P = Principally Permitted Uses S = Specia Uses C = Conditional Uses A = Accessory Uses A-10 AG SR -1 SR -3 SR -4. 5 SR -6 SR -8 MR -D MR -T1 2 MR -T1 6 MR -G MR -M MR -H MH P NC C CC DC DC E MT C -1 MT C -2 MC R CM -1 CM -2 GC M1 M1 -C M2 M3 veterinary hospitals Administrati ve or executive offices which are part of a predominant industrial operation P P P P P Offices incidental and necessary to the conduct of a principally permitted use A A A A A 8 Amend KCC 15.02, 15.04 - Re: Opiate Substitution Treatment Facility Development Conditions SECTION 3. – Amendment. Section 15.04.100 of the Kent City Code, entitled “Service land use development conditions,” is hereby amended to read as follows: Sec. 15.04.100 Service land use development conditions. 1. Banks and financial institutions (excluding drive-through). 2. Uses shall be limited to 25 percent of the gross floor area of any single- or multi-building development. Retail and service uses which exceed the 25 percent limit on an individual or cumulative basis shall be subject to review individually through the conditional use permit process. A conditional use permit shall be required on an individual tenant or business basis and shall be granted only when it is demonstrated that the operating characteristics of the use will not adversely impact onsite or offsite conditions on either an individual or cumulative basis. 3. [Reserved].Opiate substitution treatment facilities are permitted only with a conditional use permit, and must provide indoor waiting areas of at least 15 percent of the total floor area. In addition to the general requirements of KCC 15.08.030, all applications shall contain and be approved by the city based on the following information: a. A detailed written description of the proposed and potential services to be provided, the source or sources of funding, and identification of any applicable public regulatory agencies; b. A written statement of need, in statistical or narrative form, for the proposed project currently and over the following ten-year period; 9 Amend KCC 15.02, 15.04 - Re: Opiate Substitution Treatment Facility Development Conditions c. An inventory of known, existing or proposed facilities, by name and address, within King County, or within the region, serving the same or similar needs as the proposed facility; d. An explanation of the need and suitability for the proposed facility at the proposed location; e. An analysis of the proposed facility’s consistency with the City of Kent Comprehensive Plan and development regulations, and plans and policies of other affected jurisdictions, including but not limited to the King County Countywide Planning Policies; f. Documentation of public involvement efforts to date, including public and agency comments received, and plans for future public participation; and g. A proposed “good faith” agreement for neighborhood partnership. This agreement shall state the goals of the partnership and address loitering prevention steps the facility owner/operator will take as well as frequency of planned maintenance and upkeep of the exterior of the facility (including, but not limited to, trash and litter removal, landscape maintenance, and graffiti). The agreement shall serve as the basis for a partnership between the city, the facility, and local businesses, and will outline steps partners will take to resolve concerns. No opiate substitution treatment facility may be located within 500 feet of an existing opiate substitution treatment facility. 4. Special uses must conform to the development standards listed in KCC 15.08.020. 10 Amend KCC 15.02, 15.04 - Re: Opiate Substitution Treatment Facility Development Conditions 5. [Reserved]. 6. [Reserved]. 7. Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. 8. Veterinary clinics and animal hospitals when located no closer than 150 feet to any residential use, provided the animals are housed indoors, with no outside runs, and the building is soundproofed. Soundproofing must be designed by competent acoustical engineers. 9. Those uses that are principally permitted in the M3 zone may be permitted in the M2 zone via a conditional use permit. 10. Personal services uses limited to linen supply and industrial laundry services, diaper services, rug cleaning and repair services, photographic services, beauty and barber services, and fur repair and storage services. 11. [Reserved]. 12. The ground level or street level portion of all buildings in the pedestrian overlay of the DC district, set forth in the map below, must be pedestrian-oriented. Pedestrian-oriented development shall have the main ground floor entry located adjacent to a public street and be physically and visually accessible by pedestrians from the sidewalk, and may include the following uses: a. Retail establishments, including but not limited to convenience goods, department and variety stores, specialty shops such as 11 Amend KCC 15.02, 15.04 - Re: Opiate Substitution Treatment Facility Development Conditions apparel and accessories, gift shops, toy shops, cards and paper goods, home and home accessory shops, florists, antique shops, and book shops; b. Personal services, including but not limited to barber shops, beauty salons, and dry cleaning; c. Repair services, including but not limited to television, radio, computer, jewelry, and shoe repair; d. Food-related shops, including but not limited to restaurants (including outdoor seating areas and excluding drive-in restaurants) and taverns; e. Copy establishments; f. Professional services, including but not limited to law offices and consulting services; and g. Any other use that is determined by the economic and community development director to be of the same general character as the above permitted uses and in accordance with the stated purpose of the district, pursuant to KCC 15.09.065, Interpretation of uses. 12 Amend KCC 15.02, 15.04 - Re: Opiate Substitution Treatment Facility Development Conditions 13. Except for such uses and buildings subject to KCC 15.04.150. 14. Conducted in conjunction with a principally permitted use. 15. [Reserved]. 16. Contract construction services office use does not include contractor storage yards, which is a separate use listed in KCC 15.04.040. 17. Outside storage or operations yards are permitted only as accessory uses. Such uses are incidental and subordinate to the principal use of the property or structure. 18. Includes incidental storage facilities and loading/unloading areas. 13 Amend KCC 15.02, 15.04 - Re: Opiate Substitution Treatment Facility Development Conditions 19. Includes incidental storage facilities, which must be enclosed, and loading/unloading areas. 20. Shall only apply to medical and dental offices and/or neighborhood clinics. 21. Auto repair, including body work, and washing services are permitted only under the following conditions: a. The property is also used for heavy equipment repair and/or truck repair; and b. Gasoline service stations that also offer auto repair and washing services are not permitted in the M3, general industrial zoning district. 22. Any associated drive-up/drive-through facility shall be accessory and shall require a conditional use permit. 23. Auto repair, including body work, and auto washing services shall be allowed in the general industrial (M3) zoning district as follows: a. For adaptive reuse of existing site structures, all of the following conditions must apply: i. The site is not currently served by a rail spur; and ii. Existing site structures do not have dock high loading bay doors, where the finished floor is generally level with the floor of freight containers; and iii. All ground-level bay doors of existing structures have a height of less than 14 feet, which would generally impede full access to freight containers; and 14 Amend KCC 15.02, 15.04 - Re: Opiate Substitution Treatment Facility Development Conditions iv. Existing site structures have a clear height from finished floor to interior roof trusses of less than 20 feet; and v. Maximum building area per parcel is not greater than 40,000 square feet. b. For proposed site development, all of the following conditions must apply: i. The site is not currently served by a rail spur; and ii. Based on parcels existing at the time of the effective date of the ordinance codified in this section, the maximum parcel size is no greater than 40,000 square feet. 24. Accessory structures composed of at least two walls and a roof, not including accessory uses or structures customarily appurtenant to agricultural uses, are subject to the provisions of KCC 15.08.160. SECTION 4. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 5. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 6. – Effective Date. This ordinance shall take effect and be in force thirty 30 days from and after its passage, as provided by law. 15 Amend KCC 15.02, 15.04 - Re: Opiate Substitution Treatment Facility Development Conditions SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2016. APPROVED: day of , 2016. PUBLISHED: day of , 2016. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK p:\civil\ordinance\amend 15.02 and 15.04 opiate treatment center.docx 16 Amend KCC 15.02, 15.04 - Re: Opiate Substitution Treatment Facility Development Conditions ECONOMIC & COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue S. Kent, WA 98032-5895 ENVIRONMENTAL REVIEW REPORT Decision Document OPIATE SUBSTITUTION TREATMENT FACILITIES ZONING REGULATIONS ENV-2016-7, KIVA# RPSW-2160849 ZCA-2016-3, KIVA #RPP6-2160370 Charlene Anderson, AICP Responsible Official Staff Contact: Hayley Bonsteel I. PROPOSAL The City of Kent has initiated a non-project environmental review for this project, which proposes to amend the City of Kent Zoning Code sections 15.02 and 15.04 to address zoning regulations for opiate substitution treatment facilities. See attached for proposed potential amendments to Zoning Code Sections 15.02, 15.04.090 and 15.04.100. II. BACKGROUND INFORMATION Compliance with Kent's Comprehensive Plan, the Washington State Growth Management Act (GMA), The Local Project Review Act (ESHB 1724 and ESB 6094), Kent's Design and Construction Standards (Ordinance 3927) and Concurrency Management (Chapter 12.11, Kent City Code) will require concurrent improvements or the execution of binding agreements by the Applicant/Owner with Kent to mitigate identified environmental impacts. These improvements and/or agreements may include improvements to roadways, intersections and intersection traffic signals, stormwater detention, treatment and conveyance, utilities, sanitary sewerage and domestic water systems. Compliance with Kent's Design and Construction Standards may require the deeding/ dedication of right-of-way for identified improvements. Compliance with Title 11.03 and Title 11.06 of the Kent City Code may require the conveyance of Sensitive Area Tracts to the City of Kent in order to preserve trees, regulate the location and density of development based upon known physical constraints such as steep and/or unstable slopes or proximity to lakes, or to maintain or enhance water quality. Compliance with the provisions of Chapter 6.12 of the Kent City Code may require provisions for mass transit adjacent to the site. In addition to the above, Kent follows revisions to the Washington State Environmental Policy Act, Chapter 197-11 WAC (effective November 10, Decision Document Opiate Substitution Treatment Facilities Zoning Code Regulations ENV-2016-7 RPSW-2160849 Page 2 of 5 1997), which implements ESHB 1724 and ESB 6094, and rules which took effect on May 10, 2014 in response to 2ESSB 6406 passed by the State Legislature in 2012. III. ENVIRONMENTAL ELEMENTS A. Earth The Proposal may impact the Commercial-Manufacturing I zone, including a range of developed and undeveloped properties. Areas in this part of the Kent valley are generally described as flat. Development of opiate substitution treatment facilities subsequent to amendment of the zoning code may require fill and grading. Such projects are subject to appropriate local, state and federal permits which will be acquired at the time of implementation. Projects will be subject to the City of Kent standards for erosion and sedimentation controls. Specific environmental impacts and appropriate mitigation measures will be determined at the time of development permit review for individual projects. B. Air Adoption of the Proposal is a non-project action, and no impacts to air are anticipated. Specific environmental impacts and appropriate mitigation measures will be assessed at the time of development permit review for individual projects. C. Water Adoption of the Proposal is a non-project action, and no impacts to water are anticipated. Opiate substitution treatment facilities permitted by this zoning change will be subject to the City of Kent Surface Water Design Manual at the time of development permit review for individual projects. D. Plants and Animals This proposal is not anticipated to have an effect on plants or animals. If applicable, specific environmental impacts and appropriate mitigation measures related to plants and animals will be determined at the time of opiate substitution treatment facility development permit review. E. Energy and Natural Resources This proposal is not anticipated to have an effect on energy or natural resources. If applicable, specific environmental impacts and appropriate mitigation measures related to energy and natural resources will be determined at the time of opiate substitution treatment facility development permit review. Decision Document Opiate Substitution Treatment Facilities Zoning Code Regulations ENV-2016-7 RPSW-2160849 Page 3 of 5 F. Aesthetics, Noise, Light and Glare Opiate substitution treatment facilities can anecdotally be associated with increased graffiti or litter, leading to a lower quality aesthetic. One of the proposed conditions for development is a neighborhood partnership agreement that would address these impacts. Minimal impacts on noise, light and glare are anticipated with the development of opiate substitution treatment facilities. Current city codes regulate impacts to neighboring properties, and the proposed neighborhood partnership agreement is intended to outline methods for resolving conflicts with regards to impacts. G. Land and Shoreline Use Adoption of the Proposal is a non-project action that is not anticipated to have significant environmental impacts. The Proposal is to allow opiate substitution treatment facilities in the Commercial- Manufacturing 1 (CM-1) district with a conditional use permit. No CM-1 zoned properties are located near shorelines of the state. H. Housing The proposal is not anticipated to impact housing availability. I. Recreation The proposal is not anticipated to impact recreation. J. Historic and Cultural Preservation Although this is a nonproject action, if archeological materials are discovered with site work for any project action, the application must stop work and notify the State Department of Archaeology and Historical Preservation. K. Transportation Significant traffic impacts are not anticipated for potential opiate substitution treatment facilities. If applicable, opiate substitution treatment facilities would be required to pay traffic impact fees to mitigate for any additional vehicular trips at the time of building permit issuance and may be required to construct street improvements. Additionally, some opiate substitution treatment facilities experience higher-than-usual pedestrian queueing due to appointment structure. The Proposal therefore includes the requirement that a proposed facility provide an indoor waiting area of at least 15 percent of the total floor area. This requirement is intended to reduce impacts to the pedestrian realm. Applicants may also be required to accommodate transit agency needs as part of permit review. L. Public Services Decision Document Opiate Substitution Treatment Facilities Zoning Code Regulations ENV-2016-7 RPSW-2160849 Page 4 of 5 Adoption of the Proposal is a non-project action that is not anticipated to have significant environmental impacts, though police presence may be required if the facilities become associated with illicit activity. Police will most likely be aware of facility locations, and the proposed neighborhood partnership requirement includes considerations of additional security measures. M. Utilities Utility demand will not be affected by adoption of this non-project action. Opiate substitution treatment facilities may require similar utilities to any medical office. Adoption of the Proposal is a non-project action that is not anticipated to have significant environmental impacts. IV. SUMMARY AND RECOMMENDATION A. It is appropriate per WAC 197-11-660 and RCW 43.21C.060 that the City of Kent establish conditions to mitigate any identified impacts associated with this proposal. Supporting documents for the following conditions and mitigating measures include: 1. City of Kent Comprehensive Plan as prepared and adopted pursuant to the State Growth Management Act; 2. The Shoreline Management Act (RCW 90.58) and the Kent Shoreline Master Program; 3. Kent City Code Section 7.07 Surface Water and Drainage Code; 4. City of Kent Transportation Master Plan, Green River Valley Transportation Action Plan and current Six-Year Transportation Improvement Plan; 5. Kent City Code Section 7.09 Wastewater Facilities Master Plan; 6. City of Kent Comprehensive Water Plan and Conservation Element; 7. Kent City Code Section 6.02 Required Infrastructure Improvements; 8. Kent City Code Section 6.07 Street Use Permits; 9. Kent City Code Section 14.09 Flood Hazard Regulations; 10. Kent City Code Section 12.04 Subdivisions, Binding Site Plans, and Lot Line Adjustments; 11. Kent City Code Section 12.05 Mobile Home Parks and 12.06 Recreation Vehicle Park; 12. Kent City Code Section 8.05 Noise Control; 13. City of Kent International Building and Fire Codes; 14. Kent City Code Title 15, Zoning; 15. Kent City Code Section 7.13 Water Shortage Emergency Regulations and Water Conservation Ordinance 2227; 16. Kent City Code Sections 6.03 Improvement Plan Approval and Inspection Fees; Decision Document Opiate Substitution Treatment Facilities Zoning Code Regulations ENV-2016-7 RPSW-2160849 Page 5 of 5 17. Kent City Code Section 7.05 Storm and Surface Water Utility; 18. City of Kent Comprehensive Sewer Plan; 19. City of Kent Fire Master Plan; and 20. Kent City Code Chapter 11.06, Critical Areas. B. It is recommended that a Determination of Nonsignificance (DNS) be issued for this non-project action. KENT PLANNING SERVICES March 21, 2016 HB:pm S:\Permit\Plan\ENV\2016\ENV-2016-7_decision_Opiate Substitution Treatment Facilities.doc This page intentionally left blank. This page intentionally left blank. Planning Services Location: 400 W. Gowe  Mail to: 220 4th Avenue South  Kent WA 98032-5895 Permit Center (253-856-5302 FAX: (253) 856-6412 www.ci.kent.wa.us/permitcenter Environmental Checklist Application Form Public Notice Board and Application Fee…See Fee Schedule TO BE COMPLETED BY STAFF: APPLICATION #: ________ ___KIVA#:__ RECEIVED BY: ___DATE: ________PROCESSING FEE: ______ A. STAFF REVIEW DETERMINED THAT PROJECT: _______ Meets the categorically exempt criteria. _______ Has no probable significant adverse environmental impact (s) and application should be processed without further consideration of environmental effects. _______ Has probable, significant impact(s) that can be mitigated through conditions. EIS not necessary. _______ Has probable, significant adverse environmental impact(s). An Environmental Impact Statement will be prepared. _______ An Environmental Impact Statement for this project has already been prepared. Signature of Responsible Official Date B. COMMENTS: C TYPE OF PERMIT OR ACTION REQUESTED: ________ D. ZONING DISTRICT: City of Kent Planning Services Environmental Checklist – Page 2 TO BE COMPLETED BY APPLICANT: A. BACKGROUND INFORMATION: 1. Name of Project: Zoning Code Amendment ZCA-2016-2, Opiate Substitution Treatment Facilities 2. Name of Applicant: City of Kent Mailing Address: 220 4th Ave S, Kent WA 98032__ Contact Person: Hayley Bonsteel Telephone: 253-856-5441 (Note that all correspondence will be mailed to the applicant listed above.) 3. Applicant is (owner, agent, other): 4. Name of Legal Owner: n/a Telephone: Mailing Address: 5. Location. Give general location of proposed project (street address, nearest intersection of streets and section, township and range). City-wide; Commercial-Manufacturing I zone 6. Legal description and tax identification number a. Legal description (if lengthy, attach as separate sheet): n/a b. Tax identification number: n/a 7. Existing conditions: Give a general description of the property and existing improvements, size, topography, vegetation, soil, drainage, natural features, etc. (if necessary, attach a separate sheet). n/a 8. Site Area: n/a Site Dimensions: n/a City of Kent Planning Services Environmental Checklist – Page 3 9. Project description: Give a brief, complete description of the intended use of the property or project including all proposed uses, days and hours of operation and the size of the project and site. (Attach site plans as described in the instructions): See attached proposed code options. 10. Schedule: Describe the timing or schedule (include phasing and construction dates, if possible). Present proposed ordinance to the Land Use and Planning Board (LUPB) at a workshop on February 22, 2016. Present proposed ordinance at LUPB Public Hearing on March 14, 2016 . Present LUPB recommendation to Economic and Community Development Committee in early April 2016, with City Council adoption anticipated to take place in April or May, 2016. 11. Future Plans: Do you have any plans for future additions, expansion or further activity related to or connected with this proposal? If yes, explain. 12. Permits/Approvals: List all permits or approvals for this project from local, state, federal, or other agencies for which you have applied or will apply as required for your proposal. AGENCY PERMIT TYPE DATE SUBMITTED* NUMBER STATUS** City of Kent Zoning Code Amendment *Leave blank if not submitted **Approved, denied or pending 13. Environmental Information: List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. n/a 14. Do you know whether applications are pending for governmental approvals of other proposals City of Kent Planning Services Environmental Checklist – Page 4 directly affecting the property covered by your proposal? If yes, explai n. n/a City of Kent Planning Services Environmental Checklist – Page 5 EVALUATION FOR AGENCY USE ONLY B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other: n/a . b. What is the steepest slope on the site (approximate percent slope)? n/a c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime far mland. n/a d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. n/a e. Describe the purpose, type and approximate quantities of any filling or grading proposed. Indicate source of fill. n/a f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. n/a g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? n/a h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any. City of Kent Planning Services Environmental Checklist – Page 6 EVALUATION FOR AGENCY USE ONLY n/a 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. n/a b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. n/a c. Proposed measures to reduce or control emissions or other impacts to air, if any. n/a 3. Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, salt water, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. n/a 2) Will the project require any work over, in or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. n/a City of Kent Planning Services Environmental Checklist – Page 7 EVALUATION FOR AGENCY USE ONLY 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. n/a 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities, if known. n/a 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. Portions of the city lie within the 100-year floodplain. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. n/a b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities, if known. n/a 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. n/a c. Water Runoff (including storm water): City of Kent Planning Services Environmental Checklist – Page 8 EVALUATION FOR AGENCY USE ONLY 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. n/a 2) Could waste materials enter ground or surface waters? If so, generally describe. n/a d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: n/a 4. Plants n/a a. Check or circle types of vegetation found on the site: ______Deciduous tree: alder, maple aspen, other ______Evergreen tree: fir, cedar, pine, other ______Shrubs ______Grass ______Pasture ______Crop or grain ______Wet soil plants: cattail, buttercu p, bulrush, skunk cabbage, other ______Water plants: water lily, eelgrass, milfoil, other ______Other types of vegetation b. What kind and amount of vegetation will be removed or altered? City of Kent Planning Services Environmental Checklist – Page 9 EVALUATION FOR AGENCY USE ONLY n/a c. List threatened or endangered species known to be on or near the site. n/a d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: n/a 5. Animals n/a a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, songbirds, other: Mammals: deer, bear, elk, beaver, other: Fish: bass, salmon, trout, herring, shellfish, other: b. List any threatened or endangered species known to be on or nea r the site. n/a c. Is the site part of a migration route? If so, explain. n/a d. Proposed measures to preserve or enhance wildlife, if any: n/a 6. Energy and Natural Resources City of Kent Planning Services Environmental Checklist – Page 10 EVALUATION FOR AGENCY USE ONLY a. What kinds of energy (electric, natural gas, oil, wood stove, s olar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. n/a b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. n/a c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: n/a 7. Environmental Health a. Are there any environmental health hazards, inclu ding exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. n/a 1) Describe special emergency services that might be required. n/a 2) Proposed measures to reduce or control environmental health hazards, if any: n/a b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment operation, other)? n/a 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: City of Kent Planning Services Environmental Checklist – Page 11 EVALUATION FOR AGENCY USE ONLY traffic, construction, operation, other)? Indicate what hours noise would come from the site. n/a 3) Proposed measures to reduce or control noise impacts, if any: n/a 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? n/a b. Has the site been used for agriculture? If so, describe. n/a c. Describe any structures on the site. n/a d. Will any structures be demolished? If so, what? n/a e. What is the current zoning classification of the site? Commercial-Manufacturing I f. What is the current comprehensive plan designation of the site? Industrial g. If applicable, what is the current shoreline master program designation of the site? n/a h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. No Commercial-Manufacturing I Zone areas are in the shoreline jurisdiction. i. Approximately how many people would reside or work in the completed project? City of Kent Planning Services Environmental Checklist – Page 12 EVALUATION FOR AGENCY USE ONLY n/a j. Approximately how many people would the completed project displace? n/a k. Proposed measures to avoid or reduce displacement impacts, if any: n/a l. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any. Development conditions as part of this proposal are intended to reduce the impacts of future facilities. The development conditions require an analysis of a proposed development’s consistency with City plans, documentation of public involvement and an explanation of the need and suitability for a proposed location, among several other requirements. These measures should mitigate impacts of future facilities that use this amended code section. 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low income housing. n/a b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low income housing. n/a c. Proposed measures to reduce or control housing impacts, if any. n/a 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? n/a b. What views in the immediate vicinity would be altered or obstructed? n/a City of Kent Planning Services Environmental Checklist – Page 13 EVALUATION FOR AGENCY USE ONLY c. Proposed measures to reduce or control aesthetic impacts, if any. n/a 11. Light and Glare a. What type of light or glare will the proposals produce? What time of day would it mainly occur? n/a b. Could light or glare from the finished project be a safety hazard or interfere with views? n/a c. What existing off-site sources of light or glare may affect your proposal? n/a d. Proposed measures to reduce or control light and glare imp acts, if any. n/a 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? n/a b. Would the proposed project displace any existing recreational uses? If so, describe. n/a c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any. n/a 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, national, state City of Kent Planning Services Environmental Checklist – Page 14 EVALUATION FOR AGENCY USE ONLY or local preservation registers known to be on or next to the site? If so, generally describe. n/a b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. n/a c. Proposed measures to reduce or control impacts, if any. n/a 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. n/a b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? n/a c. How many parking spaces would the completed project have? How many would the project eliminate? n/a d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). n/a City of Kent Planning Services Environmental Checklist – Page 15 EVALUATION FOR AGENCY USE ONLY e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. n/a f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. n/a g. Proposed measures to reduce or control transportation impacts, if any. n/a 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. There is the potential that a future project under this code amendment would possibly increase the need for police services, or cause an increase in crimes such as loitering, litter and others. b. Proposed measures to reduce or control direct impacts on public services, if any. Development regulations include a neighborhood partnership agreement addressing steps the facility will take to reduce loitering, litter or other nuisances, as well as steps partners will take to resolve concerns. This agreement should reduce any potential increase in ne ed for police services. 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. n/a b. Describe the utilities that are proposed for the projec t, the utilities providing the service and the general construction activities on the site or in the immediate vicinity, which might be needed. n/a C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. City of Kent Planning Services Environmental Checklist – Page 16 EVALUATION FOR AGENCY USE ONLY Signature: Date: 3/7/16 City of Kent Planning Services Environmental Checklist – Page 17 EVALUATION FOR AGENCY USE ONLY DO NOT USE THIS SHEET FOR PROJECT ACTIONS D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emission to air; production, storage, or release of toxic or hazardous substances; or production of noise? Future development may affect discharge to water, emission to air, production, storage or release of toxic or hazardous substances that would be typical of other medical services or professional/business services development. Proposed measures to avoid or reduce such increases are: Regulations are already in place to mitigate impacts for all medical service-type uses. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? Future development may remove vegetation to accommodate opiate substitution facilities and associated parking areas . Proposed measures to protect or conserve plants, animals, fish, or marine life? Regulations are in place to protect wetlands and streams and for tree preservation. 3. How would the proposal be likely to deplete energy or natural resources? Future development will utilize energy or natural resources at levels typical of professional services use. Proposed measures to protect or conserve energy and natural resources are: The City promotes conservation of energy and natural resources. 4. How would the proposal be likely to use or affect environmentally City of Kent Planning Services Environmental Checklist – Page 18 EVALUATION FOR AGENCY USE ONLY sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness , wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? The proposal is unlikely to affect sensitive areas. Proposed measures to protect such resources or to avoid or red uce impacts are: Regulations are in place for protection of environmentally sensitive areas from development impacts. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline u ses incompatible with existing plans? The proposal introduces a new category that is a type of service use and allows it in Commercial-Manufacturing I zone, which is compatible with existing plans with the added development conditions addressing neighborhood impacts. Proposed measures to avoid or reduce shoreline and land use impacts are: The proposal requires a conditional use permit for opiate substitution facilities, as well as a neighborhood partnership agreement to ensure land use impacts are minimized. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? The proposal may result in facilities being developed that would increase demands on transportation or public services and utilities. Proposed measures to reduce or respond to such demand(s) are: Regulations are in place to mitigate demands on transportation system, public services and utilities. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The proposal is unlikely to conflict with other local, state or federal laws or requirements for the protection of the environment. City of Kent Planning Services Environmental Checklist – Page 19 EVALUATION FOR AGENCY USE ONLY P:\Planning\ADMIN\FORMS\SEPA\SEPA_CHECKLIST.doc (REVISED 12/08) This page intentionally left blank. Agenda Item: Consent Calendar – 7G_ TO: City Council DATE: April 19, 2016 SUBJECT: Preliminary Plat Validity Periods Ordinance – Adopt SUMMARY: In 2012, the state legislature lengthened the validity period for preliminary plats in order to ease the effects of the housing market collapse on owners of subdivision development projects. The longer validity periods gave developers more time to finish their projects under the rules in effect when they applied for preliminary plat approval. Some of the projects that benefitted from the extension are unfinished and approaching expiration. Based on direction from City Council, staff has prepared an amendment to the subdivision code that would allow additional time for projects approved in 2008. BACKGROUND: A preliminary plat is the City’s initial approval for a subdivision development that proposes to create 10 or more lots. When a preliminary subdivision is approved, it is allowed a time period after approval during which a developer may clear the land and construct the project as approved. When a validity period expires, the only way for a subdivision to move forward is for the owner to submit a new preliminary plat under current development rules, which may require a new design, at a cost of tens of thousands of dollars. Before the 2007 recession, preliminary plats were allowed a five-year validity period. When financial institutions began limiting available credit during the recession, developers struggled to construct and record plats within the five-year window. As this issue was widespread, the state legislature intervened in 2010, then again in 2012 when it created a schedule of new, longer validity periods. This schedule creates a range of validity periods for preliminary plats, based on the approval date of an individual project. The state legislation includes a provision that enables cities to grant more time than state schedule indicates. Based on this provision, the Kent City code currently allows one additional year beyond what is provided by the state. The table below depicts the state schedule, plus Kent’s additional year: Preliminary Plat approval date Total validity period Before December 31, 2007 11 years January 1, 2008 –December 31, 2014 8 years January 1, 2015 forward 6 years Given these timelines, a small number of plats that were approved in 2008 are scheduled to expire in 2016. Several of these developments have made no progress since 2007-2008, and their preliminary plat approvals are very likely to expire this year, but the remaining projects are proceeding and would likely be completed if given extra time. Staff initially proposed an extension of 12 months, but the Economic and MOTION: Adopt Ordinance No. , amending section 12.04.221 of the Kent City Code, entitled “Subdivision preliminary plat expiration.” Community Development Committee amended the proposal by increasing the extension period to 15 months instead. EXHIBITS: Ordinance RECOMMENDED BY: Economic and Community Development Committee YEA: Boyce, Berrios, Budell NAY: BUDGET IMPACTS: None ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Section 12.04.221 of the Kent City Code, entitled “Subdivision preliminary plat expiration,” to extend the validity period for preliminary plats approved between January 1, 2008 and December 31, 2008, for 15 additional months, upon the written request of the applicant. RECITALS A. In order to ease the effects of the housing market collapse on owners of subdivision development projects, 2012 state legislation lengthened the validity period for preliminary plats to provide extra time for developers to submit final plats for approval. B. RCW 58.17.140 authorizes cities, by ordinance, to adopt procedures to allow extensions of time beyond those established per state law. C. The current city code provides that subdivision preliminary plat approvals remain valid for the period of time specified in Chapter 58.17 RCW, plus one year. D. Planning Staff and the City Council have received interest from the public in examining whether or not the dates and associated 1 Amend KCC 12.04.221 - Re: Preliminary Plat Expiration validity periods are appropriate to meet the purpose of the extensions, as they pertain specifically to the housing market in Kent. E. At its regularly-scheduled meeting on January 11, 2016, the City Council’s Economic and Community Development Committee heard a presentation from Planning Staff regarding a narrowly-tailored amendment to the City’s current preliminary plat validity period. The Committee directed Staff to proceed with preparing an ordinance for further consideration by the Land Use and Planning Board (“LUPB”). F. After reviewing the matter, Staff prepared an ordinance that would grant one additional one-year extension to projects approved in 2008, provided that an applicant submit a written request for extension prior to the expiration date of the original preliminary plat approval. While Staff believes that a change is warranted in the interest of fundamental fairness, only a small handful of development projects in the city of Kent would potentially qualify for this additional extension. G. On February 19, 2016, the City requested expedited review under RCW 36.70A.106 from the Washington State Department of Commerce regarding the City’s proposed amendment. On March 2, 2016, the Department of Commerce determined that the notice requirements of the State’s Growth Management Act (GMA) had been met. No comments were received from State agencies. H. On March 14, 2016, the LUPB held a public hearing regarding the proposed code amendment related to limited plat extensions. After considering the matter, the LUPB voted to recommend approval of the proposed amendment to the City Council. I. The Economic and Community Development Committee considered the recommendation of the LUPB at its regularly-scheduled 2 Amend KCC 12.04.221 - Re: Preliminary Plat Expiration meeting on April 11, 2016, and moved to amend Staff’s original proposal to increase the extension period from 12 months to 15 months instead. The Committee then recommended to the full City Council adoption of the proposed code change, as amended. J. At its regularly-scheduled meeting on April 19, 2016, the City Council voted to adopt the revised amendment to Section 12.04.221 of the Kent City Code, allowing certain limited preliminary plat extensions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Section 12.04.221 of the Kent City Code is hereby amended as follows: Sec. 12.04.221 Subdivision preliminary plat expiration. A. Subdivision preliminary plat approval shall remain valid for that period of time specified in Chapter 58.17 RCW, plus one (1) year. During this period, an applicant must submit a final plat based on the preliminary plat, or any phase thereof, and meeting all of the requirements of this chapter and Chapter 58.17 RCW, to the city council for approval, or the preliminary plat shall lapse and become void. B. For preliminary plats approved between January 1, 2008, and December 31, 2008, one extension of 15 months shall be granted to an applicant who files a written request for extension with the economic and community development department prior to the expiration of the preliminary plat’s validity period, as provided in subsection (A), above. 3 Amend KCC 12.04.221 - Re: Preliminary Plat Expiration C. In the case of a phased subdivision, final plat approval by the city council of any phase of the subdivision preliminary plat will constitute an automatic one- (1) year extension for the filing of the final plat for the next phase of the subdivision. SECTION 2. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 4. – Effective Date. This ordinance shall take effect and be in force 30 days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 4 Amend KCC 12.04.221 - Re: Preliminary Plat Expiration PASSED: day of , 2016. APPROVED: day of , 2016. PUBLISHED: day of , 2016. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK P:\Civil\Ordinance\12.04.221 Plat Extension.docx 5 Amend KCC 12.04.221 - Re: Preliminary Plat Expiration This page intentionally left blank. Agenda Item: Consent Calendar – 7H_ TO: City Council DATE: April 19, 2016 SUBJECT: Recognition of Talbot II Neighborhood Council – Resolution – Adopt SUMMARY: Talbot II Neighborhood consists of 18 households and is located on Kent’s East Hill. On March 8, 2016, the Talbot II Neighborhood Council submitted an official registration form to request that the City recognize their Neighborhood Council and allow the neighborhood to take part in the City’s Neighborhood Program. The neighborhood has now completed the process to be recognized as a Neighborhood Council. The City’s Neighborhood Program is an initiative designed to foster better communication among residents in a geographic area and city government. The underlying objective of the program is to provide an avenue for residents to work together to enhance the livability of their neighborhoods. The program encourages organization of neighborhood councils, which serve as independent, non-profit organizations to promote resident-based efforts for neighborhood improvements while also establishing a partnership between city government and the neighborhoods it serves. EXHIBITS: Resolution RECOMMENDED BY: Economic and Community Development Committee YEA: Boyce, Berrios, Budell NAY: BUDGET IMPACTS: None MOTION: Adopt Resolution No. , to recognize the Talbot II Neighborhood Council, support its community building efforts, and confer all opportunities offered by the City’s Neighborhood Program. This page intentionally left blank. RESOLUTION NO. ___________ A RESOLUTION of the city council of the city of Kent, Washington, recognizing Talbot II Neighborhood Council. RECITALS A. The city of Kent has developed a Neighborhood Program to promote and sustain an environment that responds to residents by building partnerships between the City and its residents. In addition, the city of Kent encourages residents to work together to form geographically distinct neighborhood councils as a means to foster communication among residents and to enhance their sense of community. B. The city of Kent recognizes and supports neighborhood councils by endorsing a process to establish neighborhood boundaries, approve neighborhood councils, and provide neighborhood grant matching program opportunities to make improvements in defined neighborhoods. C. The Talbot II Neighborhood consists of 18 households. D. The Talbot II Neighborhood is located on Kent’s East Hill and is situated generally to the east of 120th Avenue S.E., to the north of S.E. 193rd Place, to the west of 121st Place S.E. and to the south of S.E. 192nd 1 Talbot II Neighborhood Council Resolution Street. The Neighborhood is shown on Exhibit A, attached and incorporated by this reference. E. On March 8, 2016, the Talbot II Neighborhood submitted an official registration form to request that the City recognize the Talbot II Neighborhood Council and to allow the Neighborhood to take part in the City’s Neighborhood Program. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. – Recognition of Neighborhood Council. – The City Council for the city of Kent hereby acknowledges the effort and commitment of the Talbot II Neighborhood and all those who participated in forming the Talbot II Neighborhood Council. The Kent City Council hereby recognizes Talbot II Neighborhood Council as an official Neighborhood Council of the city of Kent, supports Talbot II Neighborhood Council community building efforts, and confers on the Talbot Neighborhood Council all opportunities offered by the City’s Neighborhood Program. SECTION 2. – Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 3. – Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 4. – Effective Date. This resolution shall take effect and be in force immediately upon its passage. 2 Talbot II Neighborhood Council Resolution PASSED at a regular open public meeting by the city council of the city of Kent, Washington, this day of April, 2016. CONCURRED in by the mayor of the city of Kent this ______ day of April, 2016. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the city council of the city of Kent, Washington, the day of April, 2016. RONALD F. MOORE, CITY CLERK P:\Civil\Resolution\Neighborhoodcounciltalbot 4-05-16.Docx 3 Talbot II Neighborhood Council Resolution Exhibit A 4 Talbot II Neighborhood Council Resolution Agenda Item: Consent Calendar – 7I_ TO: City Council DATE: April 19, 2016 SUBJECT: Recognition of Meridian Firs I Neighborhood Council – Resolution – Adopt SUMMARY: Meridian Firs I neighborhood consists of 58 households and is located on Kent’s East Hill. On March 9, 2016, the Meridian Firs neighborhood submitted an official registration form to request that the City recognize their neighborhood council and allow the neighborhood to take part in the City’s Neighborhood Program. The neighborhood has now completed the process to be recognized as a Neighborhood Council. The City’s Neighborhood Program is an initiative designed to foster better communication among residents in a geographic area and city government. The underlying objective of the program is to provide an avenue for residents to work together to enhance the livability of their neighborhoods. The program encourages organization of neighborhood councils, which serve as independent, non-profit organizations to promote resident-based efforts for neighborhood improvements while also establishing a partnership between city government and the neighborhoods it serves. EXHIBITS: Resolution RECOMMENDED BY: Economic and Community Development Committee YEA: Boyce, Berrios, Budell NAY: BUDGET IMPACTS: None MOTION: Adopt Resolution No. , to recognize the Meridian Firs Neighborhood Council, supports its community building efforts, and confers all opportunities offered by the City’s Neighborhood Program. This page intentionally left blank. 1 Meridian Firs I Neighborhood Resolution RESOLUTION NO. ___________ A RESOLUTION of the city council of the city of Kent, Washington, recognizing Meridian Firs I Neighborhood Council. RECITALS A. The city of Kent has developed a Neighborhood Program to promote and sustain an environment that responds to residents by building partnerships between the City and its residents. In addition, the city of Kent encourages residents to work together to form geographically distinct neighborhood councils as a means to foster communication among residents and to enhance their sense of community. B. The city of Kent recognizes and supports neighborhood councils by endorsing a process to establish neighborhood boundaries, approve neighborhood councils, and provide neighborhood grant matching program opportunities to make improvements in defined neighborhoods. C. The Meridian Firs I neighborhood consists of 58 households. D. The Meridian Firs I neighborhood is located on Kent’s East Hill and is situated generally to the east of 145th Place S.E., to the north of S.E. 249th Street, to the west of 148th Avenue S.E. and to the south of S.E. 2 Meridian Firs I Neighborhood Resolution 247th Street. The Neighborhood is shown on Exhibit A, attached and incorporated by this reference. E. On March 9, 2016, the Meridian Firs I neighborhood submitted an official registration form to request that the City recognize the Meridian Firs I Neighborhood Council and to allow the Neighborhood to take part in the City’s Neighborhood Program. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. – Recognition of Neighborhood Council. – The City Council for the city of Kent hereby acknowledges the effort and commitment of the Meridian Firs I neighborhood and all those who participated in forming the Meridian Firs I Neighborhood Council. The Kent City Council hereby recognizes Meridian Firs I Neighborhood Council as an official Neighborhood Council of the city of Kent, supports Meridian Firs I Neighborhood Council community building efforts, and confers on the Meridian Firs I Neighborhood Council all opportunities offered by the City’s Neighborhood Program. SECTION 2. – Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 3. – Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. 3 Meridian Firs I Neighborhood Resolution SECTION 4. – Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the city council of the city of Kent, Washington, this day of April, 2016. CONCURRED in by the mayor of the city of Kent this ______ day of April, 2016. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the city council of the city of Kent, Washington, the day of April, 2016. RONALD F. MOORE, CITY CLERK P:\Civil\Resolution\NeighborhoodcouncilMeridianFirsI 4-05-16.Docx Exhibit A 4 Meridian Firs I Neighborhood Resolution Agenda Item: Consent Calendar – 7J_ TO: City Council DATE: April 19, 2016 SUBJECT: Ordinance Amending Ch. 9.02 Kent City Code – “Criminal Code” – Adopt SUMMARY: Generally speaking, cities have the responsibility to enforce and prosecute misdemeanor 1 and gross misdemeanor2 crimes that occur within their respective city limits. However, the city of Kent can only enforce and prosecute through its Municipal Court those crimes or civil infractions that Kent has expressly adopted by ordinance, either through individual creation and adoption, or by reference to a state statute. While Kent has adopted some Kent-specific crimes3, the majority of its criminal code is adopted by reference to state crimes enacted by the state Legislature over the years. During its 2015 session, the state Legislature adopted a number of new laws, including an infraction for leaving an animal in a car, and new crimes related to background checks for firearm sales and transfers, for selling powdered alcohol, and for wrongfully distributing intimate images. Before these state crimes may be applied and enforced locally through the Kent Municipal Court, they must be adopted by the City Council and incorporated into the Kent City Code. With this year’s ordinance, staff took the time to conduct a comprehensive review of state law to specifically adopt all laws that establish a misdemeanor, gross misdemeanor, or Class C felony 4 offense. Class C felonies were included as they may form the basis of charging an offender with the crime of Criminal Attempt, Criminal Solicitation, or Criminal Conspiracy to commit the Class C felony, which crime would then be punishable in the Kent Municipal Court as a gross misdemeanor. While many of the crimes this ordinance adopts by reference may never be investigated or prosecuted within the city of Kent, if a need should ever arise, the technical aspect of ensuring the law was properly adopted for application and enforcement within Kent will have been satisfied. This ordinance also includes other revisions to tighten some of the existing language and to expressly provide how the public may access the state laws that the Kent City Council has adopted by reference—both online and through the City Clerk’s Office.5 1 A misdemeanor crime involves a maximum penalty of 90 days in jail and a $1,000 fine. 2 A gross misdemeanor crime involves a maximum penalty of 364 days in jail and a $5,000 fine. 3 Disorderly conduct, obstruction, tampering or interfering with property of another, public disturbance, etc. 4 A class C felony crime involves a maximum penalty of 5 years in jail and a $10,000 fine, though locally, Kent can only charge these crimes under Criminal Attempt or Conspiracy, which are then punishable as a gross misdemeanor. 5 Under RCW 35A.12.140, copies of all state statutes or other codes that a code city adopts by reference must be filed and maintained by the City Clerk for use and examination by the public. MOTION: Adopt Ordinance No. , amending the Criminal Code found in Chapter 9.02 of the Kent City Code to adopt by reference new crimes enacted by the state Legislature in 2015; to adopt other crimes that were not previously adopted by specific reference; and to make other housekeeping revisions for clarity. EXHIBITS: Ordinance RECOMMENDED BY: Public Safety Committee YEA: Berrios, Ralph, Thomas NAY: BUDGET IMPACTS: None 1 Criminal Code Amendments 2015 State Legislative Session ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 9.02 of the Kent City Code, entitled “Criminal Code,” to: (i) adopt by reference new civil infractions and misdemeanor crimes enacted by the state Legislature during its 2015 regular session for application and enforcement in the City of Kent; and (ii) to make other housekeeping amendments to the criminal code to revise references made to the Revised Code of Washington; to adopt other misdemeanor crimes that were not previously adopted by specific reference; and to adopt Class C felony crimes that may be used as a basis to support the crime of criminal attempt or criminal conspiracy, which is punishable as a gross misdemeanor. RECITALS A. During its 2015 legislative session, the Washington State Legislature adopted a number of bills that added new criminal provisions to the Revised Code of Washington (“RCW”).1 The Kent City Code has adopted by reference a number of state law provisions for application and enforcement in the City of Kent. Once a state law is adopted by reference into the Kent City Code that reference is sufficient for subsequent amendments the Legislature may make to that state law provision. However, because the Legislature adopted legislation that created new 1 These bills included a new infraction for leaving an animal in a car, and new crimes related to background checks for firearm sales and transfers, for selling powdered alcohol, and for wrongfully distributing intimate images. 2 Criminal Code Amendments 2015 State Legislative Session crimes that did not previously exist, it is necessary to amend the Kent City Code to similarly adopt these new state law provisions by reference for application and enforcement in Kent. B. While updating the criminal code to add these new crimes, staff conducted a comprehensive review of the RCWs and incorporated into this ordinance all other crimes punishable as a Class C felony, a gross misdemeanor, a misdemeanor, or a civil infraction. Class C felonies were incorporated as they may be the basis to support a criminal attempt charge that is punishable as a gross misdemeanor. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1.– Amendment – Criminal Code, Chapter 9.02 KCC. Chapter 9.02 of the Kent City Code, entitled “Criminal Code,” is amended as follows: Sec. 9.02.010. Preliminary article. A. This chapter shall be known and may be cited as the “Kent criminal code.” B. As used in this chapter, RCW shall mean the Revised Code of Washington. C. If any section, subsection, sentence, or provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the section, subsection, sentence, or provision to other persons or circumstances is not affected, and to this end, the sections, subsections, sentences, and provisions of this chapter are declared to be severable. 3 Criminal Code Amendments 2015 State Legislative Session D. By adopting state statutes, the city intends to assume jurisdiction over and become the jurisdictional authority for the enforcement and prosecution of misdemeanor and gross misdemeanor crimes that are committed within the city limits of Kent. Whenever the word state shall appear in any statute adopted by reference in this chapter, the word city shall be substituted therefor; provided, however, the term city shall not be substituted for the term state in those circumstances that set forth administrative or licensing duties of the state and its subdivisions. E. Whenever a state statute specifically adopted in this chapter refers to another state statute not specifically adopted in this chapter, the statute referred to shall be given the force and effect necessary to enforce the statute specifically adopted in this chapter. F. Any section of this chapter that is repealed or amended by ordinance shall remain in full force and effect until the effective date of the ordinance repealing or amending the section. Any state statute that is adopted by reference which is later amended, repealed, or recodified shall remain in full force and effect until the effective date of the legislative act that repeals, recodifies, or amends the state statute. The amendment or recodification of any state statute adopted in this chapter shall be given its full force and effect upon the effective date of its amendment or recodification. G. When issuing a citation, information, or complaint for the violation of any section of the RCW adopted by this chapter, it shall be sufficient for a commissioned officer or prosecutor to cite to and refer to the RCW section number. H. A copy of all statutes adopted by reference for application and enforcement within the city limits of Kent are available online for public viewing through the Washington State Legislature’s website at: http://app.leg.wa.gov/rcw/. Physical copies of these statutes are also 4 Criminal Code Amendments 2015 State Legislative Session maintained by the City Clerk and available for public inspection during the regular business hours of the City Clerk’s Office. Sec. 9.02.020. Adoption of sections of Revised Code of Washington not specifically set forth in KCC 9.02.030 through 9.02.620170. A. With the exception of the RCW sections set forth in subsection (C) of this section, and notwithstanding the RCW sections that are specifically adopted by reference in KCC 9.02.030 through 9.02.620170, all RCW sections that constitute misdemeanors and gross misdemeanors and the RCW sections necessary for the investigation, arrest, prosecution, adjudication, sentencing, confinement, and enforcement of misdemeanors and gross misdemeanors, or necessary for the definition or interpretation of terms used therein, are hereby adopted by reference as currently enacted or as hereafter enacted, amended, or recodified from time to time, and shall be given the same force and effect as if set forth herein in full. B. All class C felony crimes set forth in the RCW are hereby adopted by reference for the purposes of charging a gross misdemeanor for a violation of any of the crimes set forth in Chapter 9A.28 RCW. The adoption of class C felonies shall be subject to the provisions of subsection (A) of this section and KCC 9.02.010. C. The following RCW sections are not adopted by the city of Kent: RCW 9.91.025 Unlawful transit conduct. 9A.76.020 Obstructing a law enforcement officer. 9A.76.130 Escape in the third degree. 9A.84.030 Disorderly conduct. 18.108.010 Massage practitioners—Definitions 18.108.030 Massage practitioners—Licensure or certification required 5 Criminal Code Amendments 2015 State Legislative Session 18.108.035 Massage practitioners—Unlicensed practice—Penalties Sec. 9.02.030025. Session laws not yet codified.As the Washington State Legislature adopts new laws, those new laws occasionally become effective before the state’s Office of the Code Reviser is able to codify those new laws into the RCW. Accordingly, the following session laws, as currently enacted or as later amended or codified, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: None. Laws of 2004, Ch. 94 § 1 Cyberstalking. Sec. 9.02.040030. Chapter 2.48 RCW Title 2, entitled “State Bar ActCourts of Record” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, areis hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 2.36.010 Definitions. 2.36.165 Leave of absence from employment to be provided—Denial of promotional opportunities prohibited—Penalty—Civil action. 2.36.170 Failure of juror to appear—Penalty. 2.48.180 Definitions – Unlawful practice a crime – Cause for discipline – Unprofessional conduct – Defense – Injunction – Remedies – Costs – Attorneys’ fees – Time limit for action. Sec. 9.02.050040. Chapter 7.21 RCW Title 7, entitled “Contempt of CourtSpecial Proceedings and Actions” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 7.21.010 Definitions. 7.21.020 Sanctions – Who may impose. 6 Criminal Code Amendments 2015 State Legislative Session 7.21.030 Remedial sanctions – Payment for losses. 7.21.040 Punitive sanctions – Fines. 7.21.050 Sanctions – Summary imposition – Procedure. 7.21.070 Appellate review. 7.80.120 Monetary penalties – Restitution. 7.80.150 Notices—Record of—Cancellation prohibited, penalty—Audit. 7.80.160 Failure to exercise notice options—Failure to satisfy penalty. 7.84.060 Response to notice—Contesting determination—Mitigating circumstances—Hearing—Failure to respond or appear— Penalty. 7.84.100 Monetary penalties. 7.84.130 Failure to pay or complete community restitution—Penalty. 7.90.090 Burden of proof—Issuance of protection order—Remedies— Violations. 7.90.110 Ex parte temporary sexual assault protection orders— Issuance. 7.92.120 Ex parte temporary order for protection—Issuance. 7.92.160 Court-initiated stalking no-contact orders. Sec. 9.02.050. Chapter 7.80 RCW, entitled “Civil Infractions” – Adoption by reference.The following RCW section, as currently enacted or as hereafter amended or recodified from time to time, is hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 7.80.120 Monetary penalties – Restitution. Sec. 9.02.060. RCW Title 9, entitled “Crimes and Punishments” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 9.01.055 Citizen immunity if aiding officer, scope – When. 9.01.110 Omission, when not punishable. 7 Criminal Code Amendments 2015 State Legislative Session 9.01.130 Sending letter, when complete. 9.02.050 Concealing birth. 9.02.120 Unauthorized abortions - Penalty. 9.02.130 Defenses to prosecution. 9.02.170 Definitions. 9.03.010 Abandoning, discarding refrigeration equipment. 9.03.020 Permitting unused equipment to remain on premises. 9.03.030 Violation of RCW 9.03.010 or 9.03.020. 9.03.040 Keeping or storing equipment for sale. 9.04.010 False advertising. 9.04.040 Advertising cures of lost sexual potency - Evidence. 9.04.050 False, misleading, deceptive advertising. 9.04.070 False, misleading, deceptive advertising - Penalty. 9.04.090 Advertising fuel prices by service stations. 9.08.030 False certificate of registration of animals – False representation as to breed. 9.08.065 Definitions. 9.08.070 Pet animals – Taking, concealing, injuring, killing, etc. – Penalty. 9.08.072 Transferring stolen pet animal to a research institution – Penalty. 9.08.074 Transferring stolen pet animal to a person who has previously sold a stolen pet animal to a research institution - Penalty. 9.08.076 Transferring stolen pet animal to a research institution by a U.S.D.A. licensed dealer - Penalty. 9.08.078 Illegal sale, receipt, or transfer of pet animals – Separate offenses. 9.08.090 Acts against animal facilities. 9.12.010 Barratry. 9.12.020 Buying, demanding, or promising reward by district judge or deputy. 9.16.005 Definitions. 9.16.010 Removing lawful brands. 9.16.020 Imitating lawful brand. 9.16.030 Counterfeit mark – Intellectual property. 9.16.035 Counterfeiting – Penalties. 9.16.041 Counterfeit items – Seizure and forfeiture. 9.16.050 When deemed affixed. 9.16.060 Fraudulent registration of trademark. 9.16.070 Form and similitude defined. 9.16.080 Petroleum products improperly labeled or graded. 8 Criminal Code Amendments 2015 State Legislative Session 9.16.100 Use of the words “sterling silver,” etc. 9.16.110 Use of words “coin silver,” etc. 9.16.120 Use of the word “sterling” on mounting. 9.16.130 Use of the words “coin silver” on mounting. 9.16.140 Unlawfully marking article made of gold. 9.16.150 “Marked, stamped or branded” defined. 9.18.080 Offender a competent witness. 9.18.120 Suppression of competitive bidding. 9.18.130 Collusion to prevent competitive bidding—Penalty. 9.18.150 Agreements outside state. 9.24.010 Fraud in stock subscription. 9.24.040 Corporation doing business without license. 9.26A.090 Telephone company credit cards – Prohibited acts. 9.26A.100 Definitions. 9.26A.110 Fraud in obtaining telecommunications service – Penalty. 9.26A.120 Fraud in operating coin-box telephone or other receptacle. 9.26A.130 Penalty for manufacture or sale of slugs to be used for coin. 9.26A.140 Unauthorized sale or procurement of telephone records— Penalties—Definitions. 9.27.015 Interference, obstruction of any court, building, or residence – Violations. 9.35.005 Definitions. 9.35.010 Improperly obtaining financial information. 9.35.020 Identity theft. 9.35.030 Soliciting undesired mail. 9.38.010 False representation concerning credit. 9.38.015 False statement by deposit account applicant. 9.38.020 False representation concerning title. 9.38.060 Digital signature violations. 9.40.040 Operating engine or boiler without spark arrester. 9.40.100 Tampering with fire alarm or fire fighting equipment – False alarm – Penalties. 9.41.010 Terms defined. 9.41.040 Unlawful possession of firearms – Ownership, possession by certain persons – Penalty. 9.41.050 Carrying firearms. 9.41.060 Exceptions to restrictions on carrying firearms. 9.41.070 Concealed pistol license - Application - Fee - Renewal. 9.41.080 Delivery to ineligible persons. 9 Criminal Code Amendments 2015 State Legislative Session 9.41.090 Dealer deliveries regulated – Hold on delivery. 9.41.100 Dealer licensing and registration required. 9.41.110 Dealer’s licenses, by whom granted, conditions, fees – Employees, fingerprinting and background checks – Wholesale sales excepted – Permits prohibited. 9.41.113 Firearm sales or transfers - Background checks - Requirements - Exceptions. 9.41.115 Penalties - Violations of RCW 9.41.113. 9.41.120 Firearms as loan security. 9.41.140 Alteration of identifying marks – Exceptions. 9.41.171 Alien possession of firearms – Requirements – Penalty. 9.41.173 Alien possession of firearms – Alien firearm license – Political subdivisions may not modify requirements – Penalty for false statement. 9.41.175 Alien possession of firearms – Possession without license – Conditions. 9.41.190 Unlawful firearms - Exceptions. 9.41.220 Unlawful firearms and parts contraband. 9.41.230 Aiming or discharging firearms, dangerous weapons. 9.41.240 Possession of pistol by person from eighteen to twenty-one. 9.41.250 Dangerous weapons – Penalty. 9.41.251 Dangerous weapons - Application of restrictions to law enforcement, firefighting, rescue, and military personnel. 9.41.260 Dangerous exhibitions. 9.41.270 Weapons apparently capable of producing bodily harm – Unlawful carrying or handling – Penalty – Exceptions. 9.41.280 Possessing dangerous weapons on school facilities – Penalty – Exceptions. 9.41.290 State preemption. 9.41.300 Weapons prohibited in certain places – Local laws and ordinances – Exceptions – Penalty. 9.41.335 Failure to register as felony firearm offender. 9.41.800 Surrender of weapons or licenses – Prohibition on future possession or licensing. 9.41.810 Penalty. 9.44.080 Misconduct in signing a petition. 9.45.060 Encumbered, leased, or rented personal property – Construction. 9.45.070 Mock auctions. 9.45.080 Fraudulent removal of property. 9.45.090 Knowingly receiving fraudulent conveyance. 9.45.100 Fraud in assignment for benefit of creditors. 9.45.160 Fraud in liquor warehouse receipts. 9.45.170 Penalty. 9.45.210 Altering sample or certificate of assay. 10 Criminal Code Amendments 2015 State Legislative Session 9.45.220 Making false sample or assay of ore. 9.45.260 Fire protection sprinkler system contractors - Wrongful acts. 9.45.270 Fraudulent filing of vehicle report of sale. 9.46.0201 "Amusement game." 9.46.0205 "Bingo." 9.46.0209 "Bona fide charitable or nonprofit organization." 9.46.0213 "Bookmaking." 9.46.0217 "Commercial stimulant." 9.46.0221 "Commission." 9.46.0225 "Contest of chance." 9.46.0229 "Fishing derby." 9.46.0233 "Fund-raising event." 9.46.0237 "Gambling." 9.46.0241 "Gambling device." 9.46.0245 "Gambling information." 9.46.0249 "Gambling premises." 9.46.0253 "Gambling record." 9.46.0257 "Lottery." 9.46.0261 "Member," "bona fide member." 9.46.0265 "Player." 9.46.0269 "Professional gambling." 9.46.0273 "Punchboards," "pull-tabs." 9.46.0277 "Raffle." 9.46.0282 "Social card game." 9.46.0285 "Thing of value." 9.46.0289 "Whoever," "person." 9.46.170 False or misleading entries or statements, refusal to produce records. 9.46.185 Causing person to violate rule or regulation. 9.46.190 Violations relating to fraud or deceit. 9.46.195 Obstruction of public servant - Penalty. 9.46.196 Cheating. - Defined. 9.46.1961 Cheating in the first degree. 9.46.1962 Cheating in the second degree. 9.46.198 Working in gambling activity without license as violation - Penalty. 9.46.215 Ownership or interest in gambling device - Penalty - Exceptions. 9.46.217 Gambling records - Penalty - Exceptions. 9.46.221 Professional gambling in the second degree. 9.46.222 Professional gambling in the third degree. 9.46.228 Gambling activities by persons under age eighteen prohibited—Penalties—Jurisdiction—In-house controlled purchase programs authorized. 9.46.240 Gambling information, transmitting or receiving. 11 Criminal Code Amendments 2015 State Legislative Session 9.47.080 Bucket shop defined. 9.47.090 Maintaining bucket shop - Penalty. 9.47.100 Written statement to be furnished - Presumption. 9.47A.010 Definition. 9.47A.020 Unlawful inhalation – Exception. 9.47A.030 Possession of certain substances prohibited, when. 9.47A.040 Sale of certain substances prohibited, when. 9.47A.050 Penalty. 9.51.010 Misconduct of officer drawing jury. 9.51.020 Soliciting jury duty. 9.51.030 Misconduct of officer in charge of jury. 9.51.040 Grand juror acting after challenge allowed. 9.51.050 Disclosing transaction of grand jury. 9.51.060 Disclosure of deposition returned by grand jury. 9.55.020 Witness refusing to attend legislature or committee or to testify. 9.61.190 Carrier or racing pigeons - Injury to. 9.61.200 Carrier or racing pigeons - Removal or alteration of identification. 9.61.230 Telephone harassment. 9.61.240 Telephone harassment – Permitting telephone to be used. 9.61.250 Telephone harassment – Offense, where deemed committed. 9.61.260 Cyberstalking. 9.62.010 Malicious prosecution. 9.62.020 Instituting suit in name of another. 9.66.010 Public nuisance. 9.66.020 Unequal damage. 9.66.030 Maintaining or permitting nuisance. 9.66.040 Abatement of nuisance. 9.66.050 Deposit of unwholesome substance. 9.68.015 Obscene literature, shows, etc. – Exemptions. 9.68.030 Indecent articles, etc. 9.68.050 “Erotic material” – Definitions. 9.68.060 “Erotic material” – Determination by court – Labeling – Penalties. 9.68.070 Prosecution for violation of RCW 9.68.060 – Defense. 9.68.080 Unlawful acts. 9.68.100 Exceptions to RCW 9.68.050 through 9.68.120. 9.68.110 Motion picture operator or projectionist exempt, when. 9.68.130 “Sexually explicit material” – Defined – Unlawful display. 12 Criminal Code Amendments 2015 State Legislative Session 9.68.140 Promoting pornography - Class C felony - Penalties. 9.68A.011 Definitions. 9.68A.050 Dealing in depictions of minor engaged in sexually explicit conduct. 9.68A.060 Sending, bringing into state depictions of minor engaged in sexually explicit conduct. 9.68A.070 Possession of depictions of minor engaged in sexually explicit conduct. 9.68A.075 Viewing depictions of a minor engaged in sexually explicit conduct. 9.68A.080 Processors of depictions of minor engaged in sexually explicit conduct – Civil immunityReport required. 9.68A.090 Communication with minor for immoral purposes—Penalties. 9.68A.102 Promoting travel for commercial sexual abuse of a minor - Penalty - Consent of minor does not constitute defense. 9.68A.103 Permitting commercial sexual abuse of a minor - Penalty - Consent of minor does not constitute defense. 9.68A.110 Certain defenses barred, permitted. 9.68A.120 Seizure and forfeiture of property. 9.68A.150 Allowing minor on premises of live erotic performance – Definitions – Penalty. 9.69.100 Duty of witness of offense against child or any violent offense – Penalty. 9.72.090 Committal of witness – Detention of documents. 9.73.010 Divulging telegram. 9.73.020 Opening sealed letter. 9.73.030 Intercepting, recording or divulging private communication – Consent required – Exceptions. 9.73.050 Admissibility of intercepted communication in evidence. 9.73.070 Persons and activities excepted from chapter. 9.73.080 Penalties. 9.73.090 Certain emergency response personnel exempted from RCW 9.73.030 through RCW 9.73.080 – Standards – Court authorizations – Admissibility. 9.73.100 Recordings available to defense counsel. 9.73.110 Intercepting, recording, or disclosing private communications – Not unlawful for building owner – Conditions. 9.73.230 Intercepting, transmitting, or recording conversations concerning controlled substances or commercial sexual abuse of a minor - Conditions - Written reports required - Judicial review - Notice - Admissibility - Penalties. 9.73.260 Pen registers, trap and trace devices. 13 Criminal Code Amendments 2015 State Legislative Session 9.81.010 Definitions. 9.81.030 Membership in subversive organization is felony - Penalty. 9.81.110 Misstatements are punishable as perjury - Penalty. 9.86.010 "Flag," etc., defined. 9.86.020 Improper use of flag prohibited. 9.86.030 Desecration of flag. 9.91.010 Denial of civil rights – Terms defined. 9.91.020 Operating railroad, steamboat, vehicle, etc., while intoxicated. 9.91.060 Leaving children unattended in a parked automobile. 9.91.130 Disposal of trash in charity donation receptacle. 9.91.140 Food stamps—Unlawful sale. 9.91.142 Food stamps – Trafficking. 9.91.144 Food stamps - Unlawful redemption. 9.91.150 Tree spiking. 9.91.160 Personal protection spray devices. 9.91.170 Interfering with dog guide or service animal. 9.91.175 Interfering with search and rescue dog. 9.91.180 Violent video or computer games. 9.92.020 Punishment of gross misdemeanor when not fixed by statute. 9.92.030 Punishment of misdemeanor when not fixed by statute. 9.92.040 Punishment for contempt. 9.92.080 Sentence on two or more convictions or counts. Sec. 9.02.070. RCW Title 9A, entitled “Washington Criminal Code” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 9A.04.020 Purposes – Principles of construction. 9A.04.030 State criminal jurisdiction. 9A.04.040 Classes of crimes. 9A.04.050 People capable of committing crimes – Capability of children. 9A.04.060 Common law to supplement statute. 9A.04.070 Who amenable to criminal statutes. 9A.04.080 Limitation of actions. 9A.04.090 Application of general provisions of the code. 9A.04.100 Proof beyond a reasonable doubt. 9A.04.110 Definitions. 14 Criminal Code Amendments 2015 State Legislative Session 9A.08.010 General requirements of culpability. 9A.08.020 Liability for conduct of another – Complicity. 9A.08.030 Corporate and personal liability. 9A.12.010 Insanity. 9A.16.010 Definitions. 9A.16.020 Use of force – When lawful. 9A.16.060 Duress. 9A.16.070 Entrapment. 9A.16.080 Action for being detained on mercantile establishment premises for investigation – “Reasonable grounds” as defense. 9A.16.090 Intoxication. 9A.16.100 Use of force on children – Policy – Actions presumed unreasonable. 9A.16.120 Outdoor music festival, campground—Detention. 9A.20.010 Classification and designation of crimes. 9A.20.021 Maximum sentences for crimes committed July 1, 1984, and after. 9A.20.030 Alternative to a fine—Restitution. 9A.28.020 Criminal attempt. 9A.28.030 Criminal solicitation. 9A.28.040 Criminal conspiracy. 9A.36.031 Assault in the third degree. 9A.36.041 Assault in the fourth degree. 9A.36.050 Reckless endangerment. 9A.36.060 Promoting a suicide attempt. 9A.36.070 Coercion. 9A.36.080 Malicious harassment – Definition and criminal penalty. 9A.36.100 Custodial assault. 9A.36.140 Assault of a child in the third degree. 9A.36.150 Interfering with the reporting of domestic violence. 9A.36.160 Failing to summon assistance. 9A.36.161 Failing to summon assistance – Penalty. 9A.40.010 Definitions. 9A.40.040 Unlawful imprisonment. 9A.40.060 Custodial interference in the first degree. 9A.40.070 Custodial interference in the second degree. 9A.40.080 Custodial interference – Assessment of costs – Defense – Consent defense, restricted. 9A.40.090 Luring. 15 Criminal Code Amendments 2015 State Legislative Session 9A.40.110 Coercion of involuntary servitude. 9A.42.010 Definitions. 9A.42.030 Criminal mistreatment in the second degree. 9A.42.035 Criminal mistreatment in the third degree. 9A.42.037 Criminal mistreatment in the fourth degree. 9A.42.040 Withdrawal of life support systems. 9A.42.045 Palliative care. 9A.42.050 Defense of financial inability. 9A.42.070 Abandonment of a dependent person in the second degree – Exception. 9A.42.080 Abandonment of a dependent person in the third degree – Exception. 9A.42.090 Abandonment of a dependent person – Defense. 9A.42.110 Leaving a child in the care of a sex offender. 9A.44.010 Definitions. 9A.44.020 Testimony—Evidence—Written motion—Admissibility. 9A.44.030 Defenses to prosecution under this chapter. 9A.44.060 Rape in the third degree. 9A.44.079 Rape of a child in the third degree. 9A.44.089 Child molestation in the third degree. 9A.44.093 Sexual misconduct with a minor in the first degree. 9A.44.096 Sexual misconduct with a minor in the second degree. 9A.44.105 Sexually violating human remains. 9A.44.115 Voyeurism. 9A.44.120 Admissibility of child's statement—Conditions. 9A.44.128 Definitions applicable to RCW 9A.44.130 through 9A.44.145, 10.01.200, 43.43.540, 70.48.470, and 72.09.330. 9A.44.130 Registration of sex offenders and kidnapping offenders – Procedures – Definition – Penalties. 9A.44.132 Failure to register as sex offender or kidnapping offender— Refusal to provide DNA. 9A.44.150 Testimony of child by closed-circuit television. 9A.44.160 Custodial sexual misconduct in the first degree. 9A.44.170 Custodial sexual misconduct in the second degree. 9A.44.180 Custodial sexual misconduct—Defense. 9A.44.190 Criminal trespass against children—Definitions. 9A.44.193 Criminal trespass against children—Covered entities. 9A.44.196 Criminal trespass against children. 9A.46.010 Legislative finding. 9A.46.020 Definition – Penalties. 9A.46.030 Place where committed. 9A.46.040 Court-ordered requirements upon person charged with crime – Violation. 9A.46.050 Arraignment – No contact order. 16 Criminal Code Amendments 2015 State Legislative Session 9A.46.060 Crimes included in harassment. 9A.46.070 Enforcement of orders restricting contact. 9A.46.080 Order restricting contact – Violation. 9A.46.085 Stalking no-contact orders—Appearance before magistrate required. 9A.46.090 Nonliability of peace officer. 9A.46.100 “Convicted,” time when. 9A.46.110 Stalking. 9A.46.120 Criminal gang intimidation. 9A.48.010 Definitions. 9A.48.040 Reckless burning in the first degree. 9A.48.050 Reckless burning in the second degree. 9A.48.060 Reckless burning – Defense. 9A.48.080 Malicious mischief in the second degree. 9A.48.090 Malicious mischief in the third degree. 9A.48.100 Malicious mischief – “Physical damage” defined. 9A.48.105 Criminal street gang tagging and graffiti. 9A.48.110 Defacing a state monument. 9A.49.001 Findings. 9A.49.010 Definitions. 9A.49.020 Unlawful discharge of a laser in the first degree. 9A.49.030 Unlawful discharge of a laser in the second degree. 9A.49.040 Civil infraction, when. 9A.49.050 Exclusions. 9A.50.010 Definitions. 9A.50.020 Interference with health care facility. 9A.50.030 Penalty. 9A.50.060 Informational picketing. 9A.52.010 Definitions. 9A.52.050 Other crime in committing burglary punishable. 9A.52.060 Making or having burglar tools. 9A.52.070 Criminal trespass in the first degree. 9A.52.080 Criminal trespass in the second degree. 9A.52.090 Criminal trespass – Defenses. 9A.52.095 Vehicle prowling in the first degree. 9A.52.100 Vehicle prowling in the second degree. 9A.52.110 Computer trespass in the first degree. 9A.52.120 Computer trespass in the second degree. 9A.52.130 Computer trespass – Commission of other crime. 9A.56.010 Definitions. 9A.56.020 Theft – Definition, defense. 9A.56.040 Theft in the second degree. 17 Criminal Code Amendments 2015 State Legislative Session 9A.56.050 Theft in the third degree. 9A.56.060 Unlawful issuance of checks or drafts. 9A.56.063 Making or possessing motor vehicle theft tools. 9A.56.075 Taking motor vehicle without permission in the second degree. 9A.56.083 Theft of livestock in the second degree. 9A.56.096 Theft of rental, leased, lease-purchased, or loaned property. 9A.56.100 Theft and larceny equated. 9A.56.110 Extortion—Definition. 9A.56.130 Extortion in the second degree. 9A.56.140 Possessing stolen property – Definition – Presumption. 9A.56.160 Possessing stolen property in the second degree – Other than firearm or motor vehicle. 9A.56.170 Possessing property in the third degree. 9A.56.180 Obscuring the identity of a machine. 9A.56.220 Theft of subscription television services. 9A.56.230 Unlawful sale of subscription television services. 9A.56.240 Forfeiture and disposal of device used to commit violation. 9A.56.260 Connection of channel converter. 9A.56.262 Theft of telecommunication services. 9A.56.264 Unlawful manufacture of telecommunication device. 9A.56.266 Unlawful sale of telecommunication device. 9A.56.270 Shopping cart theft. 9A.56.280 Credit, debit cards, checks, etc.—Definitions. 9A.56.290 Credit, payment cards—Unlawful factoring of transactions. 9A.56.320 Financial fraud—Unlawful possession, production of instruments of. 9A.56.330 Possession of another's identification. 9A.56.340 Theft with the intent to resell. 9A.56.350 Organized retail theft. 9A.56.360 Retail theft with special circumstances. 9A.56.370 Mail theft. 9A.56.380 Possession of stolen mail. 9A.56.390 Mail theft—Possession of stolen mail—Commission of other crime. 9A.58.010 Definitions. 9A.58.020 Possessing, or reading or capturing, information contained on another person's identification document—Exceptions. 9A.60.010 Definitions. 9A.60.020 Forgery. 9A.60.030 Obtaining a signature by deception or duress. 9A.60.040 Criminal impersonation in the first degree. 9A.60.045 Criminal impersonation in the second degree. 9A.60.050 False certification. 18 Criminal Code Amendments 2015 State Legislative Session 9A.60.060 Fraudulent creation or revocation of a mental health advance directive. 9A.60.070 False academic credentials – Unlawful issuance or use – Definitions – Penalties. 9A.61.010 Definitions. 9A.61.020 Defrauding a public utility. 9A.61.040 Defrauding a public utility in the second degree. 9A.61.050 Defrauding a public utility in the third degree. 9A.61.060 Restitution and costs. 9A.64.010 Bigamy. 9A.64.020 Incest. 9A.64.030 Child selling—Child buying. 9A.68.020 Requesting unlawful compensation. 9A.68.030 Receiving or granting unlawful compensation. 9A.68.040 Trading in public office. 9A.68.050 Trading in special influence. 9A.72.010 Definitions. 9A.72.030 Perjury in the second degree. 9A.72.040 False swearing. 9A.72.050 Perjury and false swearing – Inconsistent statements – Degree of crime. 9A.72.060 Perjury and false swearing – Retraction. 9A.72.070 Perjury and false swearing – Irregularities no defense. 9A.72.080 Statement of what one does not know to be true. 9A.72.085 Unsworn statements, certification – Standards for subscribing to an unsworn statement. 9A.72.120 Tampering with a witness. 9A.72.140 Jury tampering. 9A.72.150 Tampering with physical evidence. 9A.76.010 Definitions. 9A.76.023 Disarming a law enforcement or corrections officer. 9A.76.025 Disarming a law enforcement or corrections officer – Commission of another crime. 9A.76.027 Law enforcement or corrections officer engaged in criminal conduct. 9A.76.030 Refusing to summon aid for a peace officer. 9A.76.040 Resisting arrest. 9A.76.050 Rendering criminal assistance – Definition of term. 9A.76.060 Relative defined. 9A.76.070 Rendering criminal assistance in the first degree. 9A.76.080 Rendering criminal assistance in the second degree. 9A.76.090 Rendering criminal assistance in the third degree. 19 Criminal Code Amendments 2015 State Legislative Session 9A.76.100 Compounding. 9A.76.150 Introducing contraband in the second degree. 9A.76.160 Introducing contraband in the third degree. 9A.76.170 Bail jumping. 9A.76.175 Making a false or misleading statement to a public servant. 9A.76.177 Amber alert – Making a false or misleading statement to a public servant. 9A.76.200 Harming a police dog, accelerant detection dog, or police horse—Penalty. 9A.80.010 Official misconduct. 9A.82.010 Definitions. 9A.82.045 Collection of unlawful debt. 9A.82.055 Trafficking in stolen property in the second degree. 9A.82.070 Influencing outcome of sporting event. 9A.82.080 Use of proceeds of criminal profiteering—Controlling enterprise or realty—Conspiracy or attempt. 9A.82.100 Remedies and procedures. 9A.82.120 Criminal profiteering lien—Authority, procedures. 9A.82.130 Criminal profiteering lien—Trustee of real property. 9A.82.160 Criminal profiteering lien – Trustee’s failure to comply, evasion of procedures or lien. 9A.82.170 Financial institution records—Inspection and copying— Wrongful disclosure. 9A.84.010 Criminal mischief. 9A.84.020 Failure to disperse. 9A.84.040 False reporting. 9A.86.010 Disclosing intimate images 9A.88.010 Indecent exposure. 9A.88.030 Prostitution. 9A.88.040 Prosecution for prostitution under RCW 9A.88.030— Affirmative defense. 9A.88.050 Prostitution – Sex of parties immaterial – No defense. 9A.88.060 Promoting prostitution – Definitions.9A.88.080 Promoting prostitution in the second degree. 9A.88.085 Promoting travel for prostitution. 9A.88.090 Permitting prostitution. 9A.88.110 Patronizing a prostitute. 9A.88.120 Additional fee assessments. 9A.88.130 Additional requirements. 9A.88.140 Vehicle impoundment – Fees – Fines. 9A.88.150 Seizure and forfeiture. 20 Criminal Code Amendments 2015 State Legislative Session Sec. 9.02.080. RCW Title 10, entitled “Criminal Procedure” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 10.01.070 Corporations—Amenable to criminal process—How. 10.01.090 Corporations—Judgment against. 10.01.100 Corporations—Penalties—Fines in lieu of other punishments. 10.01.180 Fine or costs—Default in payment—Contempt of court— Enforcement, collection procedures. 10.14.120 Disobedience of order – Penalties. 10.14.170 Criminal penalty. 10.31.030 Service – How – Warrant not in possession, procedure – Bail. 10.31.040 Officer may break and enter. 10.31.050 Officer may use force. 10.31.060 Arrest by telegraph or teletype. 10.31.100 Arrest without warrant. 10.31.110 Arrest—Individuals with mental disorders. 10.66.010 Definitions. 10.66.020 When order may be issued. 10.66.040 Ex parte temporary order—Hearing—Notice. 10.66.050 Additional relief—PADT area. 10.66.090 Penalties. 10.66.100 Additional penalties. 10.66.110 Jurisdiction. 10.66.120 Venue. 10.79.040 Search without warrant unlawful—Penalty. 10.88.290 Rights of person arrested. 10.88.300 Delivery of person in violation of RCW 10.88.290—Penalty. 10.99.010 Purpose – Intent. 10.99.020 Definitions. 10.99.030 Law enforcement officers – Training, powers, duties – Domestic violence reports. 10.99.040 Duties of court – No-contact order. 21 Criminal Code Amendments 2015 State Legislative Session 10.99.045 Appearances by defendant – Defendant’s history - No-contact order. 10.99.050 Victim contact – Restriction, prohibition – Violation, penalties – Written order – Procedures – Notice of change. 10.99.055 Enforcement of orders. 10.99.060 Prosecutor’s notice to victim – Description of available procedures. 10.99.070 Liability of peace officers. 10.99.080 Penalty assessment (as amended by 2015 c 275). 10.99.100 Sentencing—Factors—Defendant's criminal history. Sec. 9.02.090. Chapter 13.32A RCW, entitled “Family Reconciliation Act” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, areis hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 13.32A.080 Unlawful harboring of a minor – Penalty – Defense – Prosecution of adult for involving child in commission of offense. 13.32A.082 Providing shelter to minor—Requirement to notify parent, law enforcement, or department. 13.32A.084 Providing shelter to minor—Immunity from liability. Sec. 9.02.100. Chapter 16.52 RCW Title 16, entitled “Prevention of Cruelty to Animals”“Animals and Livestock” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 16.36.116 Civil infraction—Live nonambulatory livestock—Monetary penalty—Authorization by director—Issuance of notices— Enforcement. 16.52.011 Definitions – Principles of liability. 16.52.015 Enforcement – Law enforcement agencies and animal care and control agencies. 16.52.080 Transporting or confining in unsafe manner – Penalty. 22 Criminal Code Amendments 2015 State Legislative Session 16.52.085 Removal of animals for feeding – Examination – Notice – Euthanasia. 16.52.090 Docking horses – Misdemeanor. 16.52.095 Cutting ears – Misdemeanor. 16.52.100 Confinement without food and water – Intervention by others. 16.52.110 Old or diseased animals at large. 16.52.117 Animal fighting – Prohibited behavior – Class C felonyOwners, trainers, spectators – Exceptions. 16.52.165 Punishment – Conviction of misdemeanor. 16.52.180 Limitations on application of chapter. 16.52.185 Exclusions from chapter. 16.52.190 Poisoning animals – Penalty. 16.52.193 Poisoning animals—Strychnine sales—Records—Report on suspected purchases. 16.52.200 Sentences – Forfeiture of animals – Liability for cost – Civil pPenalty – Education, counseling. 16.52.205 Animal cruelty in the first degree. 16.52.207 Animal cruelty in the second degree—Penalty. 16.52.210 Destruction of animal by law enforcement officer – Immunity from liability. 16.52.225 Nonambulatory livestock—Transporting or accepting delivery—Gross misdemeanor—Definition. 16.52.300 Dogs or cats used as bait – Seizure – Limitation. 16.52.305 Unlawful use of hook—Gross misdemeanor. 16.52.310 Dog breeding – Limit on the number of dogs – Required conditions – Penalty – Limitation of section – Definitions. 16.52.320 Maliciously killing or causing substantial bodily harm to livestock belonging to another—Penalty. 16.52.330 Veterinarians—Animal cruelty—Liability immunity. 16.52.340 Leave or confine any animal in unattended motor vehicle or enclosed space—Class 2 civil infraction—Officers' authority to reasonably remove animal. 16.57.010 Definitions. 16.57.120 Removal or alteration of brand—Penalty. 16.57.260 Removal of cattle or horses from state—Inspection certificate required. 16.57.267 Failure to present animal for inspection. 16.57.270 Unlawful to refuse assistance in establishing identity and ownership of livestock. 16.57.280 Possession of cattle or horse marked with another's brand— Penalty. 16.57.405 Microchip in a horse—Removal with intent to defraud—Gross misdemeanor. 16.57.440 Unlawful transport or delivery of cattle or horses. 23 Criminal Code Amendments 2015 State Legislative Session 16.58.170 General penalties—Subsequent offenses. 16.65.440 Penalty. 16.70.050 Violations—Penalty. Sec. 9.02.110. Chapter 17.04 RCW, entitled ”Weed districts” – Adoption by reference.The following RCW section, as currently enacted or as hereafter amended or recodified from time to time, is hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 17.04.280 Officials of district may enter lands—Penalty for prevention. Sec. 9.02.120110. Chapter 19.48 RCW Title 19, entitled “Hotels, Lodging Houses, etc. – Restaurants” “Business Regulations – Miscellaneous” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, areis hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 19.06.010 Labels—Contents—Requirements—Prohibited acts. 19.06.030 Advertising limitations. 19.06.040 Penalty. 19.25.010 Definitions. 19.25.020 Reproduction of sound without consent of owner unlawful— Fine and penalty. 19.25.030 Use of recording of live performance without consent of owner unlawful—Fine and penalty. 19.25.040 Failure to disclose origin of certain recordings unlawful—Fine and penalty. 19.25.050 Contraband recordings—Disposition, forfeiture, penalty. 19.25.100 Truth in music advertising. 19.25.800 Chapter not applicable to broadcast by commercial or educational radio or television. 19.25.810 Chapter not applicable to certain nonrecorded broadcast use. 19.25.820 Chapter not applicable to defined public record. 24 Criminal Code Amendments 2015 State Legislative Session 19.27A.080 Definitions. 19.27A.090 Portable oil-fueled heaters—Sales and use—Approval required. 19.27A.100 Portable oil-fueled heaters—Requirements for approval. 19.27A.110 Portable oil-fueled heaters—Jurisdiction over approval—Sale and use governed exclusively. 19.27A.120 Violations—Penalty. 19.48.010 Definitions. 19.48.110 Obtaining hotel, restaurant, lodging house, ski area, etc., accommodations by fraud – Penalty. 19.60.010 Definitions. 19.60.025 Duty to record information—Precious metal property. 19.60.042 Report to chief law enforcement officer—Precious metal dealers. 19.60.057 Retention of precious metal property—Inspection. 19.60.066 Prohibited acts—Penalty. 19.60.067 Secondhand precious metal dealers—Prohibited acts—Penalty. 19.60.077 Precious metal dealers—Licensure required. 19.60.085 Exemptions. 19.60.095 Precious metal sales—Hosted home parties. 19.68.010 Rebating prohibited—Disclosure—List of alternative facilities. 19.76.100 Labels on bottles, etc.—Filing—Publication. 19.76.110 Refilling bottles, etc.—Forbidden. 19.76.120 Refilling bottles, etc.—Possession as evidence. 19.76.130 Refilling bottles, etc.—Penalty. 19.83.010 License required to use or furnish trading stamps, coupons, or similar devices. 19.83.020 Issuance of license—Fee. 19.83.030 Furnishing or selling trading stamps, coupons, or similar devices geographically limited. 19.83.040 Coupons or similar devices—Exemptions. 19.83.050 Penalty. 19.84.010 Redeemable cash value to be printed on face. 19.84.020 Must redeem at cash value. 19.84.030 Distributor liable. 19.84.040 Criminal penalty. 19.192.010 Identification cards—Distinguishing official and not official proofs of identification—Penalties. 25 Criminal Code Amendments 2015 State Legislative Session 19.194.010 Recordkeeping by retail establishments—Contents— Inspection—Definitions. 19.194.030 Prohibited acts—Gross misdemeanor. 19.194.040 Application. 19.210.010 Definitions. 19.210.020 Prohibited sales. 19.210.030 Chapter not applicable—Trade show, certain persons. 19.210.040 Penalties. 19.235.010 Motion picture—Unauthorized recording—Penalty. Sec. 9.02.115. Chapter 19.290 RCW, entitled “Metal Property” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full. RCW 19.290.010 Definitions. 19.290.020 Nonferrous metal property – Records required. 19.290.030 Metal property and metallic wire – Requirements for transactions. 19.290.040 Scrap metal businesses—Record of commercial accounts. 19.290.050 Reports to law enforcement—Records exempt from public disclosure—Private civil liability. 19.290.070 Violations – Penalty. 19.290.090 Exemptions from chapter. 19.290.100 Scrap metal license—Penalties. 19.290.110 Scrap metal license—Application, renewal—Required information. 19.290.120 Scrap metal license application—Department of licensing to issue license—Display of certificate. 19.290.230 Seizure and forfeiture. Sec. 9.02.130. Chapter 20.01 RCW, entitled “Agricultural products-Commission merchants, dealers, brokers, buyers, agents” – Adoption by reference.The following RCW section, as currently enacted or as hereafter amended or recodified from time to time, is hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 20.01.460 Prohibited acts—Penalties. 26 Criminal Code Amendments 2015 State Legislative Session Sec. 9.02.140. Chapter 22.32 RCW, entitled “General Penalties” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 22.32.010 Warehouse operator or carrier refusing to issue receipt. 22.32.020 Fictitious bill of lading and receipt. 22.32.030 Fraudulent tampering with or mixing goods. 22.32.040 Issuance of second receipt not marked "duplicate." 22.32.050 Delivery of goods without taking up receipt. Sec. 9.02.150120. RCW Title 26, entitled “Domestic Relations” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 26.04.110 Penalty for failure to deliver certificates. 26.04.240 Penalty for unlawful solemnization—Code 1881. 26.04.250 Penalty for unlawful solemnization—1909 c 249. 26.09.300 Restraining orders – Notice – Refusal to comply – Arrest – Penalty – Defense – Peace officers, immunity. 26.10.220 Restraining orders – Notice – Refusal to comply – Arrest – Penalty – Defense – Peace officers, immunity. 26.20.030 Family abandonment—Penalty—Exception. 26.20.035 Family nonsupport—Penalty—Exception. 26.20.071 Evidence—Spouse or domestic partner as witness. 26.20.080 Proof of wilfulness—Application of penalty provisions. 26.26.138 Restraining order – Knowing violation – Penalty – Law enforcement immunity. 26.26.210 Surrogate parenting—Definitions. 26.26.220 Surrogate parenting—Persons excluded from contracting. 26.26.230 Surrogate parenting—Compensation prohibited. 26.26.240 Surrogate parenting—Contract for compensation void. 27 Criminal Code Amendments 2015 State Legislative Session 26.26.250 Surrogate parenting—Provisions violated—Penalty. 26.26.450 Confidentiality of genetic testing—Penalty. 26.28.060 Child labor—Penalty. 26.28.070 Certain types of employment prohibited—Penalty. 26.28.080 Selling or giving tobacco to minor – Belief of representative capacity, no defense – Penalty. 26.28.085 Applying tattoo to a minor – Penalty. 26.33.370 Permanent care and custody of a child—Assumption, relinquishment, or transfer except by court order or statute, when prohibited—Penalty. 26.34.010 Compact enacted—Provisions. 26.34.030 "Appropriate public authorities" defined. 26.34.040 "Appropriate authority of the receiving state" defined. 26.34.070 "Executive head" defined—Compact administrator. 26.34.080 Violations—Penalty. 26.44.015 Limitations of chapter. 26.44.020 Definitions. 26.44.030 Reports – Duty and authority to make – Duty of receiving agency – Duty to notify – Case planning and consultation – Penalty for unauthorized exchange of information – Filing dependency petitions – Investigations - Interviews of children – Records – Risk assessment process – Reports to legislature. 26.44.040 Reports – Oral, written – Contents. 26.44.060 Immunity from civil or criminal liability – Confidential communications not violated – Actions against state not affected – False report, penalty. 26.44.063 Temporary restraining order or preliminary injunction – Enforcement – Notice of modification or termination of restraining order. 26.44.067 Temporary restraining order or preliminary injunction – Contents – Notice – Noncompliance – Defense – Penalty. 26.44.080 Violation—Penalty. 26.44.150 Temporary restraining order restricting visitation for persons accused of sexually or physically abusing a child – Penalty for violating court order. 26.44.080 Violation – penalty. 26.50.010 Definitions. 26.50.110 Violation of order – Penalties. 26.50.120 Violation of order—Prosecuting attorney or attorney for municipality may be requested to assist—Costs and attorney's fee. 26.50.140 Peace officers – Immunity. 28 Criminal Code Amendments 2015 State Legislative Session 26.50.250 Disclosure of information. 26.52.010 Definitions. 26.52.020 Foreign protection orders – Validity. 26.52.050 Peace officer immunity. 26.52.070 Violation of foreign orders – Penalties. Sec. 9.02.160. RCW Title 27, entitled “Libraries, Museums, and Historical Activities” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 27.12.010 Definitions. 27.12.330 Penalty for injury to property. 27.12.340 Wilfully retaining books—Infraction. 27.44.040 Protection of Indian graves—Penalty. 27.44.055 Skeletal human remains—Duty to notify—Ground disturbing activities—Coroner determination—Definitions. 27.53.030 Definitions. 27.53.040 Archaeological resources—Declaration. 27.53.045 Abandoned archaeological resources—Declaration. 27.53.060 Disturbing archaeological resource or site—Permit required— Conditions—Exceptions—Penalty. 27.53.090 Violations—Penalty. Sec. 9.02.170130. Chapter 28A.635 RCW, entitled “Offenses Relating to School Property and Personnel” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 28A.635.010 Abusing or insulting teachers, liability for—Penalty. 28A.635.020 Willfully disobeying school administrative personnel or refusing to leave public property, violations, when – Penalty. 28A.635.030 Disturbing school, school activities or meetings—Penalty. 29 Criminal Code Amendments 2015 State Legislative Session 28A.635.040 Examination questions – Disclosing – Penalty. 28A.635.050 Certain corrupt practices of school officials – Penalty. 28A.635.070 Property, failure of officials or employees to account for— Mutilation by—Penalties. 28A.635.090 Interference by force or violence – Penalty. 28A.635.100 Intimidating any administrator, teacher, classified employee, or student by threat of force or violence unlawful – Penalty. 28A.635.110 Violations under RCW 28A.635.090 and RCW 28A.635.100 – Disciplinary authority exception. Sec. 9.02.180. Chapter 29A.84 RCW, entitled “Crimes and Penalties” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 29A.84.020 Violations by officers. 29A.84.040 Political advertising, removing or defacing. 29A.84.050 Tampering with registration form, ballot declaration. 29A.84.110 Officials' violations. 29A.84.120 Disenfranchisement or discrimination. 29A.84.130 Voter violations. 29A.84.140 Unqualified registration. 29A.84.150 Misuse, alteration of registration database. 29A.84.210 Violations by officers. 29A.84.220 Violations—Corrupt practices—Recall petitions. 29A.84.230 Violations by signers—Initiative, referendum petitions— Penalty. 29A.84.240 Violations by signers, officers—Recall petitions—Penalty. 29A.84.250 Violations—Corrupt practices—Initiative, referendum petitions. 29A.84.261 Petitions—Improperly signing. 29A.84.311 Candidacy declarations, nominating petitions. 29A.84.410 Unlawful appropriation, printing, or distribution. 29A.84.420 Unauthorized examination of ballots, election materials— Revealing information. 29A.84.510 Acts prohibited in voting center—Prohibited practices. 29A.84.520 Electioneering at voting center or ballot drop location by election officers forbidden. 29A.84.530 Refusing to leave voting booth. 29A.84.540 Ballots—Removing from voting center or ballot drop location. 29A.84.545 Paper record from direct recording electronic voting device— Removing from voting center. 30 Criminal Code Amendments 2015 State Legislative Session 29A.84.550 Tampering with materials. 29A.84.560 Voting machines, devices—Tampering with—Extra keys. 29A.84.610 Deceptive, incorrect vote recording. 29A.84.620 Hindering or bribing voter. 29A.84.630 Influencing voter to withhold vote. 29A.84.640 Solicitation of bribe by voter. 29A.84.650 Repeaters. 29A.84.655 Tabulation of invalid ballots. 29A.84.660 Unqualified persons voting. 29A.84.680 Ballots—Violation. 29A.84.711 Documents regarding nomination, election, candidacy—Frauds and falsehoods. 29A.84.720 Officers—Violations generally. 29A.84.730 Divulging ballot count. Sec. 9.02.190. RCW Title 30A, entitled “Washington Commercial Bank Act” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 30A.04.010 Definitions. 30A.04.020 Use of words indicating bank or trust company—Penalty. 30A.04.075 Examination reports and information—Confidentiality— Disclosure—Penalty. 30A.04.260 Legal services, advertising of—Penalty. 30A.04.405 Bank acquisition or control—Notice or application— Registration statement—Violations—Penalties. 30A.12.047 Removal of a director, officer, or employee of a bank or holding company—Violation of final order—Penalty. 30A.12.110 Commission, etc., for procuring loan—Penalty. 30A.12.190 General penalty—Effect of conviction. 30A.16.010 Certification—Effect—Penalty. 30A.42.290 Compliance—Violations—Penalties. Sec. 9.02.200. Chapter 30B.10 RCW, entitled “Director’s authority – Supervision and examination - Enforcement” – Adoption by reference.The following RCW section, as currently enacted or as hereafter amended or recodified from time to time, is hereby adopted 31 Criminal Code Amendments 2015 State Legislative Session by reference and shall be given the same force and effect as if set forth herein in full: RCW 30B.10.100 Effect of final orders against officers, directors, employees, and agents. Sec. 9.02.210. RCW Title 31, entitled “Miscellaneous Loan Agencies” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 31.04.027 Violations of chapter. 31.04.175 Violations—No penalty prescribed—Gross misdemeanor—Good faith exception. 31.12.565 Examination reports and specified other information confidential—Exceptions—Penalty. 31.45.105 Violations of chapter—Enforceability of transaction 31.45.180 Violation—Misdemeanor Sec. 9.02.220. RCW Title 32, entitled “Washington Savings Bank Act” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 32.04.130 General penalty. 32.04.220 Examination reports and other information—Confidential— Privileged—Penalty. 32.16.097 Penalty for violation of order issued under RCW 32.16.093. 32.32.228 Acquisition of control of a converted savings bank—State reciprocity—Definitions. 32 Criminal Code Amendments 2015 State Legislative Session Sec. 9.02.230. RCW Title 33, entitled “Washington Savings Associations Act” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 33.04.110 Examination reports and information—Confidential and privileged—Exceptions, limitations and procedure—Penalty. 33.08.010 Compliance required—Use of words in name or advertising— Penalty—Saving. 33.24.360 Acquisition of control of association—Unlawful, when— Application—Contents—Notice to other associations—Penalty. 33.36.010 Illegal loans or investments. 33.36.020 Purchase at discount of accounts or certificates. 33.36.030 Preference in case of insolvency. 33.36.040 Falsification of books—Exhibiting false document—Making false statement of assets or liabilities. 33.36.050 False statement affecting financial standing. 33.36.060 Suppressing, secreting, or destroying evidence or records. Sec. 9.02.240. RCW Title 35, entitled “Cities and Towns” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 35.17.150 Officers and employees—Passes, free services prohibited, exceptions—Penalty. 35.32A.090 Budget mandatory—Other expenditures void—Liability of public officials—Penalty. 35.33.170 Violations and penalties. 35.34.280 Violations and penalties. 35.67.350 Penalty for sewer connection without permission. 33 Criminal Code Amendments 2015 State Legislative Session 35.75.020 Use of bicycle paths for other purposes prohibited. Sec. 9.02.250. RCW Title 35A, entitled “Optional Municipal Code” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 35A.33.160 Violations and penalties. 35A.34.280 Violations and penalties. Sec. 9.02.260. RCW Title 36, entitled “Counties” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 36.13.070 County census authorized—Penalty. 36.28.060 Duplicate receipts—Penalties. 36.29.060 Warrant calls—Penalty for failure to call. 36.32.210 Inventory of county capitalized assets—County commission inventory statement—Filing and public inspection—Penalty— Prosecutions—Taxpayer's action. 36.40.240 Penalty. 36.43.040 Penalty for violation of code or regulation. 36.49.070 Penalty. 36.58.020 Rules and regulations as to use—Penalty. 36.68.080 Penalty for violations of regulations. 34 Criminal Code Amendments 2015 State Legislative Session 36.69.180 Violation of rules—Penalty. 36.71.060 Peddler's license—Penalty for peddling without license. 36.71.070 Hawkers, auctioneers, and barterers must procure license— Exceptions. 36.75.130 Approaches to county roads—Rules regarding construction— Penalty. 36.75.270 Limitation of type or weight of vehicles authorized—Penalty. 36.75.290 General penalty. 36.86.060 Restrictions on use of oil at intersections or entrances to county roads. 36.95.190 Penalty for false statement as to tax exemption. Sec. 9.02.270. RCW Title 38, entitled “Militia and Military Affairs” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 38.32.090 Penalty for physician making false certificate. 38.32.100 Buying and receiving military property. 38.32.120 Authority of commanding officer. 38.40.040 Interference with employment—Penalty. 38.40.050 Discharge from employment—Penalty. 38.40.110 Employment or membership in other organizations— Discrimination prohibited—Penalty—Civil cause of action. 38.40.120 Authorized military organizations. 38.42.050 Protection of service members and their dependents against default judgments. 38.42.150 Civil investigative demands—Standards—Limitations— Enforcement. Sec. 9.02.280. RCW Title 39, entitled “Public Contracts and Indebtedness” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to 35 Criminal Code Amendments 2015 State Legislative Session time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 39.04.110 Penalty for false entries. 39.84.050 Public corporations—Directors—Conflicts of interest. 39.110.020 Economic development finance authority—Creation— Dissolution—Requirements—Penalty. Sec. 9.02.290. Chapter 40.16 RCW, entitled “Penal provisions” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 40.16.010 Injury to public record. 40.16.030 Offering false instrument for filing or record. Sec. 9.02.300. RCW Title 41, entitled “Public Employment, Civil Service, and Pensions” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 41.08.210 Penalty—Jurisdiction. 41.12.210 Penalty—Jurisdiction. 41.14.220 Penalty—Jurisdiction. 41.32.055 Falsification—Penalty. 41.35.120 False statements—Penalty. 41.37.120 False statements—Penalty. 41.40.055 Penalty for false statements. 36 Criminal Code Amendments 2015 State Legislative Session Sec. 9.02.310. RCW Title 42, entitled “Public Officers and Agencies” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 42.17A.750 Civil remedies and sanctions—Referral for criminal prosecution. 42.20.020 Powers may not be delegated for profit. 42.20.030 Intrusion into and refusal to surrender public office. 42.20.040 False report. 42.20.050 Public officer making false certificate. 42.20.060 Falsely auditing and paying claims. 42.20.080 Other violations by officers. 42.20.090 Misappropriation, etc., by treasurer. 42.20.100 Failure of duty by public officer a misdemeanor. 42.20.110 Improper conduct by certain justices. 42.24.100 Municipal corporations and political subdivisions—Certificates need not be sworn—Penalty for false claim. 42.24.110 Municipal corporations and political subdivisions—Approving or paying false claim—Penalties. 42.44.160 Official misconduct—Penalty. Sec. 9.02.320. RCW Title 43, entitled “State Government - Executive” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 43.01.100 Application forms—Employment—Licenses—Mention of race or religion prohibited—Penalty. 43.04.090 Criminal penalty. 43.06.220 State of emergency—Powers of governor pursuant to proclamation. 37 Criminal Code Amendments 2015 State Legislative Session 43.06.240 State of emergency—Disorderly conduct after emergency proclaimed—Penalty. 43.06.250 State of emergency—Refusing to leave public way or property when ordered—Penalty. 43.07.210 Filing false statements—Penalty. 43.12.065 Rules pertaining to public use of state lands—Enforcement— Penalty. 43.21G.100 Penalty. 43.22.300 Compelling attendance of witnesses and testimony—Penalty. 43.22.310 Access to plants—Penalty for refusal. 43.22.340 Manufactured homes, mobile homes, recreational vehicles— Safety rules—Compliance—Penalty. 43.22.433 Violations—Penalties. 43.22.490 Factory built housing and commercial structures, regulating installation of—Violation as misdemeanor—Penalty. 43.22A.170 Notice of infraction. 43.37.200 Penalty. 43.43.320 Penalty for falsification. 43.43.690 Crime laboratory analysis fee—Court imposition—Collection. 43.43.754 DNA identification system—Biological samples—Collection, use, testing—Scope and application of section. 43.43.810 Obtaining information by false pretenses—Unauthorized use of information—Falsifying records—Penalty. 43.70.185 Inspection of property where marine species located— Prohibitions on harvest or landing—Penalties. 43.88.270 Penalty for violations. 43.215.340 Operating without a license—Penalty. 43.320.090 Borrowing money by director, deputy, or employee—Penalty. 38 Criminal Code Amendments 2015 State Legislative Session Sec. 9.02.330. Chapter 44.16 RCW, entitled “Legislative Inquiry” – Adoption by reference.The following RCW section, as currently enacted or as hereafter amended or recodified from time to time, is hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 44.16.120 Punishment of recalcitrant witness. Sec. 9.02.340. RCW Title 46, entitled “Motor Vehicles” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 46.12.610 Contaminated vehicles. 46.16A.050 Registration—Requirements before issuance—Penalty—Rules. 46.16A.070 Registration—Cancellation, refusal, etc.—Appeals. 46.19.010 Criteria for natural persons—Application—Identification cards, placards, and license plates. 46.20.091 Application—Penalty for false statement—Driving records from and to other jurisdictions. 46.29.610 Surrender of license—Penalty. 46.29.620 Forged proof—Penalty. 46.35.030 Confidential information—Exceptions—Penalty. 46.52.130 Abstract of driving record—Access—Fee—Violations. 46.55.300 Vehicle immobilization. 46.68.010 Refunds, overpayments, and underpayments—Penalty for false statements. 46.70.021 License required for dealers or manufacturers—Penalties. 46.70.051 Issuance of license—Private party dissemination of vehicle database. 39 Criminal Code Amendments 2015 State Legislative Session 46.70.140 Handling "hot" vehicles—Unreported motor "switches"— Unauthorized use of dealer plates—Penalty. 46.70.170 Penalty for violations. 46.72.100 Unprofessional conduct—Bond/insurance policy—Penalty. 46.72A.060 Insurance—Amount—Penalty. 46.72A.070 Vehicle certificates—Issuance of new or duplicate certificate— Penalty. 46.80.020 License required—Penalty. 46.80.080 Records—Penalty. 46.80.110 License penalties, civil fines, criminal penalties. 46.80.130 All storage at place of business—Screening required—Penalty. 46.80.170 Violations—Penalties. 46.82.390 Penalty. 46.87.290 Refusal, cancellation of application, cab card—Procedures, penalties. Sec. 9.02.350. RCW Title 47, entitled “Public Highways and Transportation” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 47.04.090 Penalty. 47.08.110 Misuse of county or city road funds—General penalty. 47.38.010 Rules governing use and control of rest areas, historic sites, viewpoints, etc.—Penalties. 47.40.080 Penalty for destroying native flora on state lands, highways, parks. 47.41.070 Violations—Penalty—Abatement as public nuisance. 47.42.080 Public nuisance—Abatement—Penalty. 47.44.060 Penalties. 40 Criminal Code Amendments 2015 State Legislative Session 47.48.040 Penalty. 47.48.050 Transportation of radioactive or hazardous cargo—Definition— Violation, penalty. 47.68.220 Operating aircraft recklessly or under influence of intoxicants or drugs. 47.68.230 Aircraft, airman, and airwoman certificates required. 47.68.240 Penalties for violations. 47.68.255 Evasive registration. Sec. 9.02.360. RCW Title 48, entitled “Insurance” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 48.01.080 Penalties. 48.07.060 Corrupt practices—Penalty. 48.08.040 Illegal dividends, reductions—Penalty against directors. 48.15.180 Surplus line broker's fiduciary capacity—Violations. 48.17.480 Reporting and accounting for premiums. 48.17.600 Separation of premium funds. 48.18.070 Alteration of application. 48.18.180 Stated premium must include all charges. 48.30.110 Contributions to candidates for insurance commissioner. 48.30.190 Illegal dealing in premiums. 48.30.210 Misrepresentation in application for insurance. 48.30.220 Destruction, injury, secretion, etc., of property. 48.30.230 False claims or proof—Penalty. 48.30A.015 Unlawful acts—Penalties. 48.31.105 Conduct of proceedings—Requirement to cooperate— Definitions—Violations—Penalties. 48.36A.360 Penalties. 41 Criminal Code Amendments 2015 State Legislative Session 48.44.015 Registration by health care service contractors required— Penalty. 48.44.060 Penalty. 48.46.027 Registration, required—Issuance of securities—Penalty. 48.46.420 Penalty for violations. 48.56.030 License—Required—Fees—Information to be furnished— Penalty. 48.80.030 Making false claims, concealing information—Penalty— Exclusions. Sec. 9.02.370. RCW Title 49, entitled “Labor Regulations” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 49.12.130 Witness protected—Penalty. 49.12.170 Penalty. 49.12.175 Wage discrimination due to sex prohibited—Penalty—Civil recovery. 49.12.410 Child labor laws—Violations—Criminal penalties. 49.17.190 Violations—Criminal penalties. 49.24.060 Penalty. 49.24.380 Penalty. 49.26.140 Asbestos projects—Enforcement—Penalties. 49.28.010 Eight hour day, 1899 act—Public works contracts—Emergency overtime—Penalty. 49.28.080 Hours of domestic employees—Exception—Penalty. 49.28.100 Hours of operators of power equipment in waterfront operations—Penalty. 49.38.060 Penalty. 49.40.030 Fraud in securing advances—Penalty. 49.44.010 Blacklisting—Penalty. 42 Criminal Code Amendments 2015 State Legislative Session 49.44.020 Bribery of labor representative. 49.44.030 Labor representative receiving bribe. 49.44.040 Obtaining employment by false letter or certificate. 49.44.050 Fraud by employment agent. 49.44.060 Corrupt influencing of agent. 49.44.080 Endangering life by refusal to labor. 49.44.100 Bringing in out-of-state persons to replace employees involved in labor dispute—Penalty. 49.44.120 Requiring lie detector tests—Penalty. 49.46.100 Prohibited acts of employer—Penalty. 49.48.020 Penalty for noncompliance with RCW 49.48.010 through 49.48.030 and 49.48.060. 49.48.040 Enforcement of wage claims—Issuance of subpoenas— Compliance. 49.52.050 Rebates of wages—False records—Penalty. 49.52.090 Rebates of wages on public works—Penalty. 49.60.310 Misdemeanor to interfere with or resist commission. 49.60.360 Refueling services for disabled drivers—Violation— Investigation—Intentional display of plate or placard invalid or not legally issued prohibited—Fine—Notice to disabled persons. Sec. 9.02.380. RCW Title 50, entitled “Unemployment Compensation” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 50.36.010 Violations generally. 50.36.020 Violations by employers. 50.36.030 Concealing cause of discharge. 50.40.010 Waiver of rights void. Sec. 9.02.390. RCW Title 51, entitled “Industrial Insurance” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are 43 Criminal Code Amendments 2015 State Legislative Session hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 51.14.100 Notice of compliance to be posted—Penalty. 51.16.140 Premium liability of worker. 51.48.020 Employer's false reporting or failure to secure payment of compensation—False information by claimants—Unlawful actions—Penalties. 51.48.040 Inspection of employer's records. 51.48.050 Liability for illegal collections for medical aid. 51.48.103 Engaging in business without certificate of coverage—Unlawful actions—Penalties. 51.48.270 Criminal liability of persons making false statements or concealing information. 51.48.280 Kickbacks, bribes, and rebates—Representation fees— Criminal liability—Exceptions. 51.52.120 Attorney's fee before department or board—Unlawful attorney's fees. 51.52.132 Unlawful attorney's fees. Sec. 9.02.400. Chapter 52.12 RCW, entitled “Powers-Burning Permits” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 52.12.105 Burning permits—Penalty. 52.12.106 Burning permits—Penalty. 44 Criminal Code Amendments 2015 State Legislative Session Sec. 9.02.410. RCW Title 53, entitled “Port Districts” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 53.08.220 Regulations authorized—Adoption as part of ordinance or resolution of city or county, procedure—Enforcement—Penalty for violation. 53.34.190 Bylaws, rules for management, uses, charges—Penalty for violation. Sec. 9.02.420. Chapter 57.08 RCW, entitled “Powers” – Adoption by reference.The following RCW section, as currently enacted or as hereafter amended or recodified from time to time, is hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 57.08.180 Sewer, drainage, and water connections without district permission—Penalties. Sec. 9.02.430. RCW Title 58, entitled “Boundaries and Plats” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 58.04.015 Disturbing a survey monument—Penalty—Cost. 58.17.300 Violations—Penalties. Sec. 9.02.440. RCW Title 59, entitled “Landlord and Tenant” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are 45 Criminal Code Amendments 2015 State Legislative Session hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 59.12.230 Forcible entry and detainer—Penalty. 59.18.125 Inspections by local municipalities—Frequency—Number of rental properties inspected—Notice—Appeals—Penalties. 59.21.110 Violations—Penalty. Sec. 9.02.450. RCW Title 61, entitled “Mortgages, Deeds of Trust, and Real Estate Contracts” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 61.12.030 Removal of property from mortgaged premises—Penalty. 61.30.150 False swearing—Penalty—Failure to comply with chapter— Liability. Sec. 9.02.460. RCW Title 63, entitled “Personal Property” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 63.14.170 Violations—Penalties. 63.29.340 Interest and penalties. 63.29.350 Penalty for excessive fee for locating abandoned property— Consumer protection act application. 46 Criminal Code Amendments 2015 State Legislative Session Sec. 9.02.470. RCW Title 64, entitled “Real Property and Conveyances” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 64.36.020 Registration required before advertisement, solicitation, or offer—Requirements for registration—Exemption authorized— Penalties. 64.36.210 Unlawful acts—Penalties. 64.44.040 Orders declaring property unfit and prohibiting use—City, county action—Entrance upon property prohibited. Sec. 9.02.480. RCW Title 65, entitled “Recording, Registration, and Legal Publication” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 65.12.730 Certificate subject of theft—Penalty. 65.12.740 Perjury. 65.12.750 Fraud—False entries—Penalty. 65.20.130 General penalties. Sec. 9.02.490140. RCW Title 66, entitled “Alcoholic Beverage Control” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 66.04.010 Definitions. 66.08.130 Inspection of books and records—Goods possessed or shipped—Refusal as violation. 47 Criminal Code Amendments 2015 State Legislative Session 66.08.140 Inspection of books and records—Financial dealings—Penalty for refusal. 66.12.010 Wine or beer manufactured for home use. 66.16.090 Record of individual purchases confidential—Penalty for disclosure. 66.20.100 Physician may prescribe or administer liquor—Penalty. 66.20.110 Dentist may administer liquor—Penalty. 66.20.120 Hospital, etc., may administer liquor—Penalty. 66.20.200 Unlawful acts relating to identification or certification card— Penalties. 66.20.340 Alcohol servers—Violation of rules—Penalties. 66.24.481 Public place or club—License or permit required—Penalty. 66.28.090 Licensed premises or banquet permit premises open to inspection—Failure to allow, violation. 66.28.200 Keg registration – Special endorsement for grocery store licensee – Requirements of seller. 66.28.210 Keg registration – Requirements of purchaser. 66.28.220 Keg registration – Identification of containers – Rules – Fees – Sale in violation of rules unlawful. 66.28.230 Keg registration – Furnishing to minors – Penalties. 66.28.250 Keg registration – Violation constitutes gross misdemeanor. 66.44.010 Local officers to enforce law – Authority of board – Liquor enforcement officers. 66.44.040 Sufficiency of description of offenses in complaints, informations, process, etc. 66.44.060 Proof of unlawful sale establishes prima facie intent. 66.44.070 Certified analysis is prima facie evidence of alcoholic content. 66.44.080 Service of process on corporation. 66.44.090 Acting without license. 66.44.100 Opening or consuming liquor in a public place – Penalty. 66.44.120 Unlawful use of seal. 66.44.130 Sales of liquor by drink or bottle. 66.44.140 Unlawful sale, transportation of spirituous liquor without stamp or seal – Unlawful operation, possession of still or mash. 66.44.150 Buying liquor illegally. 66.44.160 Illegal possession, transportation of alcoholic beverages. 66.44.170 Illegal possession of liquor with intent to sell – Prima facie evidence, what is. 66.44.175 Violations of law. 66.44.180 General penalties – Jurisdiction for violations. 48 Criminal Code Amendments 2015 State Legislative Session 66.44.200 Sales to persons apparently under the influence of liquor – Purchases or consumption by persons apparently under the influence of liquor on licensed premises – Penalty – Notice – Separation of actions. 66.44.210 Obtaining liquor for ineligible person. 66.44.240 Drinking in public conveyance – Penalty against carrier – Exception. 66.44.250 Drinking in public conveyance – Penalty against individual – Restricted application.2 66.44.270 Furnishing liquor to minors – Possession, use – Penalties - Exhibition of effects – Exceptions. 66.44.280 Minor applying for permit. 66.44.290 Minor purchasing or attempting to purchase liquor – Penalty. 66.44.291 Minor purchasing or attempting to purchase liquor – Penalty against persons between ages of eighteen and twenty, inclusive. 66.44.292 Sales to minors by licensee or employee—Board notification to prosecuting attorney to formulate charges against minors. 66.44.300 Treats, gifts, purchases of liquor for or from minor, or holding out minor as at least twenty-one, in public place where liquor sold. 66.44.310 Minors frequenting off-limits area – Misrepresentation of age – Penalty – Classification of licensees. 66.44.316 Certain persons eighteen years and over permitted to enter and remain upon licensed premises during employment. 66.44.318 Employees aged eighteen to twenty-one stocking, merchandising, and handling beer and wine. 66.44.325 Unlawful transfer to a minor of age an identification of age. 66.44.328 Preparation or acquisition and supply to persons under age twenty-one of facsimile of official identification card – Penalty. 66.44.340 Employees eighteen years and over allowed to sell and handle beer and wine for certain licensed employers. 66.44.350 Employees eighteen years and over allowed to serve and carry liquor, clean up, etc., for certain licensed employers. 66.44.370 Resisting or opposing officers in enforcement of title. 66.44.380 Powdered alcohol. 2 RCW 66.44.240 and RCW 66.44.250 are adopted through the Model Traffic Code in Ch. 308-330 WAC, which Kent has adopted by reference through its traffic code in Ch. 9.36 KCC. 49 Criminal Code Amendments 2015 State Legislative Session Sec. 9.02.500. RCW Title 67, entitled “Sports and Recreation – Convention Facilities” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 67.04.010 Penalty for bribery in relation to baseball game. 67.04.020 Penalty for acceptance of bribe. 67.04.050 Corrupt baseball playing—Penalty. 67.04.150 Contract with minor—Penalty for violation. 67.08.015 Duties of department—Exemptions—Rules. 67.08.140 Penalty for conducting events without license—Penalty. 67.08.150 General penalty. 67.14.060 Liquor sales, keeping games, without license—Penalty. 67.16.060 Prohibited practices—Parimutuel system permitted—Race meet as public nuisance. 67.42.070 Penalty. 67.70.120 Sale to minor prohibited—Exception—Penalties. 67.70.150 Penalty for false or misleading statement or entry or failure to produce documents. 67.70.160 Penalty for violation of chapter—Exceptions. 67.70.170 Penalty for violation of rules—Exceptions. 67.70.180 Persons prohibited from purchasing tickets or shares or receiving prizes—Penalty. Sec. 9.02.510. RCW Title 68, entitled “Cemeteries, Morgues, and Human Remains” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 68.05.115 Sale or transfer of cemetery authority or creation of a new cemetery—Penalty for noncompliance. 68.05.240 Interment, certificate of authority required—Penalty. 68.05.330 Violation—Penalty—Unfair practice—Other laws applicable. 50 Criminal Code Amendments 2015 State Legislative Session 68.05.390 Permit or endorsement required for cremation—Penalty. 68.24.130 Sale for resale prohibited—Penalty. 68.24.140 Commission on sales prohibited—Penalty. 68.24.150 Unlawful employment of others to dispose of human remains. 68.24.190 Opening road through cemetery—Penalty. 68.28.060 Improper construction a nuisance—Penalty. 68.40.085 Representing fund as perpetual—Penalty. 68.40.090 Penalty. 68.44.060 Unauthorized loans—Penalty. 68.50.020 Notice to coroner—Penalty. 68.50.050 Removal or concealment of body—Penalty. 68.50.100 Dissection, when permitted—Autopsy of person under the age of three years. 68.50.108 Autopsies, postmortems—Consent to embalm or cremate body—Time limitation. 68.50.120 Holding body for debt—Penalty. 68.50.130 Unlawful disposal of remains. 68.50.140 Unlawful disturbance, removal, or sale of human remains— Penalty. 68.50.185 Individual cremation—Exception—Penalty. 68.50.645 Skeletal human remains—Duty to notify—Ground disturbing activities—Coroner determination—Definitions. 68.56.010 Unlawful damage to graves, markers, shrubs, etc.— Interfering with funeral. 68.56.040 Nonconforming cemetery a nuisance—Penalty. 68.56.050 Defendant liable for costs. 68.60.040 Protection of cemeteries—Penalties. 68.60.050 Protection of historic graves—Penalty. 68.60.055 Skeletal human remains—Duty to notify—Ground disturbing activities—Coroner determination—Definitions. 68.64.150 Illegal purchases or sales—Felony. 68.64.160 Illegal financial gain—Altering a document, amendment, or revocation of gift—Felony. Sec. 9.02.520150. RCW Title 69, entitled “Food, Drugs, Cosmetics, and Poisons” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified 51 Criminal Code Amendments 2015 State Legislative Session from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 69.04.040 Prohibited acts. 69.04.060 Criminal penalty for violations. 69.04.070 Additional penalty. 69.04.933 Food fish and shellfish labeling—Identification of species— Exceptions—Penalty. 69.04.934 Salmon labeling—Identification as farm-raised or commercially caught—Exceptions—Penalty. 69.04.938 Misbranding of food fish or shellfish—Penalties. 69.06.060 Penalty. 69.07.150 Violations—Penalties. 69.22.090 Penalties. 69.25.150 Penalties—Liability of employer—Defense. 69.28.185 Penalty. 69.30.140 Penalties. 69.36.060 Penalty. 69.38.040 Inspection of poison register—Penalty for failure to maintain register. 69.38.050 False representation—Penalty. 69.38.060 Manufacturers and sellers of poisons—License required— Penalty. 69.40.055 Selling repackaged poison without labeling—Penalty. 69.41.010 Definitions. 69.41.030 Sale, delivery, or possession of legend drug without prescription or order prohibited – Exceptions – Penalty. 69.41.050 Labeling requirements – Penalty. 69.41.060 Search and seizure. 69.41.072 Violations of Chapter 69.50 RCW not to be charged under Chapter 69.41 RCW – Exception. 69.41.170 Coercion of pharmacist prohibited—Penalty. 69.41.320 Practitioners – Restricted use – Medical records. 69.41.350 Penalties. 52 Criminal Code Amendments 2015 State Legislative Session 69.43.010 Report to pharmacy quality assurance commission – List of substances – Modification of list – Identification of purchasers – Report of transactions – Penalties. 69.43.020 Receipt of substance from source outside state – Report – Penalty. 69.43.030 Exemptions. 69.43.035 Suspicious transactions – Report – Penalty. 69.43.040 Reporting form. 69.43.043 Recordkeeping requirements – Penalty. 69.43.048 Reporting and recordkeeping requirements – Submission of computer readable data, copies of federal reports. 69.43.080 False statement in report or record – Class C felony. 69.43.090 Permit to sell, transfer, furnish, or receive substance – Exemptions – Application for permit – Fee – Renewal – Penalty. 69.43.105 Ephedrine, pseudoephedrine, phenylpropanolamine – Sales restrictions – Record of transaction – Exceptions – Penalty. 69.43.110 Ephedrine, pseudoephedrine, phenylpropanolamine – Sales restrictions – Electronic sales tracking system – Penalty. 69.43.120 Ephedrine, pseudoephedrine, phenylpropanolamine – Possession of more than fifteen grams – Penalty – Exceptions. 69.43.130 Exemptions – Pediatric products – Products exempted by the pharmacy quality assurance commission. 69.43.135 Iodine, methylsulfonylmethane—Sales restrictions— Recording of transactions—Penalties. 69.50.101 Definitions. 69.50.102 Drug paraphernalia – Definitions. 69.50.202 Nomenclature. 69.50.204 Schedule I. 69.50.206 Schedule II. 69.50.208 Schedule III. 69.50.210 Schedule IV. 69.50.212 Schedule V. 69.50.315 Medical assistance—Drug-related overdose—Prosecution for possession. 69.50.401 Prohibited acts: A – Penalties. 69.50.4011 Counterfeit substances – Penalties. 69.50.4012 Delivery of substance in lieu of controlled substance – Penalty. 69.50.4013 Possession of controlled substance – Penalty – Possession of useable marijuana, marijuana concentrates, or marijuana- infused products. 69.50.4014 Possession of forty grams or less of marijuanamarihuana – Penalty. 53 Criminal Code Amendments 2015 State Legislative Session 69.50.4015 Involving a person under eighteen in unlawful controlled substance transaction – Penalty. 69.50.4016 Provisions not applicable to offenses under RCW 69.50.410. 69.50.402 Prohibited acts: B – Penalties. 69.50.403 Prohibited acts: C – Penalties. 69.50.404 Penalties under other laws. 69.50.405 Bar to prosecution. 69.50.407 Conspiracy. 69.50.408 Second or subsequent offenses. 69.50.410 Prohibited acts: D—Penalties. 69.50.412 Prohibited acts: E – Penalties. 69.50.4121 Drug paraphernalia – Selling or giving – Penalty. 69.50.416 Counterfeit substances prohibited – Penalties. 69.50.425 Misdemeanor violations – Minimum penalties. 69.50.435 Violations committed in or on certain public places or facilities—Additional penalty—Defenses—Construction— Definitions. 69.50.445 Opening package of or consuming marijuana, useable marijuana, or marijuana-infused products, or marijuana concentrates in view of general public or public place – Penalty. 69.50.450 Butane or other explosive gases. 69.50.465 Conducting or maintaining marijuana club—Penalty. 69.50.505 Seizure and forfeiture. 69.50.506 Burden of proof; liabilities. 69.50.509 Search and seizure of controlled substances. 69.50.510 Search and seizure at rental premises—Notification of landlord. 69.50.560 Controlled purchase programs—Persons under age twenty- one—Violation—Criminal penalty—Exceptions. 69.51A.005 Purpose and intent. 69.51A.010 Definitions. 69.51A.030 Acts not constituting crimes or unprofessional conduct— Health care professionals not subject to penalties or liabilities. 69.51A.040 Compliance with chapter—Qualifying patients and designated providers not subject to penalties—Law enforcement not subject to liability. 69.51A.043 Failure to register—Affirmative defense. 69.51A.045 Possession of plants, marijuana concentrates, useable marijuana, or marijuana-infused products exceeding lawful amount—Affirmative defense. 69.51A.050 Medical marijuana, lawful possession—State not liable. 69.51A.055 Limitations of chapter—Persons under supervision. 69.51A.060 Crimes—Limitations of chapter. 69.51A.085 Collective gardens. 54 Criminal Code Amendments 2015 State Legislative Session 69.51A.130 State and municipalities—Not subject to liability. 69.51A.210 Qualifying patients or designated providers—Authorization— Health care professional may include recommendations on amount of marijuana. 69.51A.240 Unlawful actions—Criminal penalty. 69.51A.260 Housing unit—No more than fifteen plants may be grown or located—Exception—Civil penalties. 69.52.010 Legislative findings. 69.52.020 Definitions. 69.52.030 Violations—Exceptions. 69.52.040 Seizure of contraband. 69.52.045 Seizure at rental premises—Notification of landlord. 69.52.070 Violations—Juvenile driving privileges. 69.53.010 Unlawful use of building for drug purposes—Liability of owner or manager—Penalty. 69.53.020 Unlawful fortification of building for drug purposes—Penalty. 69.53.030 Unlawful use of fortified building—Penalty. 69.55.010 Theft of ammonia. 69.55.020 Unlawful storage of ammonia. 69.55.030 Damages—Liability. Effective July 1, 2015, the following statutory provisions shall apply and be enforced within the city of Kent: 69.75.010 Definitions. 69.75.020 Retail sales – Proof of age from purchaser – Unlawful acts, exceptions – Penalties. 69.75.040 Construction of chapter. 69.75.050 Preemption. 69.90.010 Definitions. 69.90.020 Sale of "kosher" and "kosher style" food products prohibited if not kosher—Representations—Penalty. 55 Criminal Code Amendments 2015 State Legislative Session Sec. 9.02.530160. RCW Title 70, entitled “Public Health and Safety” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 70.02.330 Obtaining confidential records under false pretenses— Penalty. 70.05.120 Violations—Remedies—Penalties. 70.24.022 Interviews, examination, counseling, or treatment of infected persons or persons believed to be infected—Dissemination of false information—Penalty. 70.24.080 Penalty. 70.28.033 Treatment, isolation, or examination order of health officer— Violation—Penalty. 70.41.170 Operating or maintaining unlicensed hospital or unapproved tertiary health service—Penalty. 70.42.180 Operating without a license—Injunctions or other remedies— Penalty. 70.54.010 Polluting water supply—Penalty. 70.54.020 Furnishing impure water—Penalty. 70.54.030 Pollution of watershed of city in adjoining state—Penalty. 70.54.050 Exposing contagious disease—Penalty. 70.54.065 Ambulances and drivers—Penalty. 70.54.070 Door of public buildings to swing outward—Penalty. 70.54.080 Liability of person handling steamboat or steam boiler. 70.54.090 Attachment of objects to utility poles—Penalty. 70.54.160 Public restrooms—Pay facilities—Penalty. 70.54.350 Electrology and tattooing—Practitioners to comply with rules—Penalty. 70.54.400 Retail restroom access – Customers with medical conditions - PenaltyMiscellaneous health and safety provisions. 70.58.280 Penalty. 70.62.280 Violations—Penalty. 56 Criminal Code Amendments 2015 State Legislative Session 70.74.010 Definitions. 70.74.022 License required to manufacture, purchase, sell, use, possess, transport, or store explosives—Penalty—Surrender of explosives by unlicensed person—Other relief. 70.74.160 Unlawful access to explosives. 70.74.272 Malicious placement of an imitation device—Penalties. 70.74.275 Intimidation or harassment with an explosive—Class C felony. 70.74.295 Abandonment of explosives. 70.74.300 Explosive containers to be marked – Penalty. 70.74.310 Gas bombs, explosives, stink bombs, etc. 70.74.400 Seizure and forfeiture. 70.75.040 Sale of nonstandard equipment as misdemeanor— Exceptions. 70.84.010 Declaration—Policy. 70.84.060 Unauthorized use of white cane, dog guide, or service animal. 70.84.070 Penalty for violations. 70.85.010 Definitions. 70.85.020 Refusal to yield line—Penalty. 70.85.030 Request for line on pretext of emergency—Penalty. 70.86.040 Penalty. 70.87.145 Order to discontinue operation—Notice—Conditions— Contents of order—Recision of order—Violation—Penalty— Random inspections. 70.87.180 Violations. 70.90.205 Criminal penalties. 70.94.430 Penalties. 70.95.240 Unlawful to dump or deposit solid waste without permit— Penalties—Litter cleanup restitution payment. 70.95.515 Fee on the retail sale of new replacement vehicle tires— Failure to collect, pay to department—Penalties. 70.95.560 Waste tires—Violation of RCW 70.95.555—Penalty. 70.95B.140 Penalties for violations—Injunctions. 70.95D.100 Penalties. 70.95I.040 Oil sellers—Education responsibility—Penalty. 57 Criminal Code Amendments 2015 State Legislative Session 70.95I.060 Disposal of used oil—Penalty. 70.95J.060 Violations—Punishment. 70.97.140 Unlicensed operation—Criminal penalty. 70.105.085 Violations—Criminal penalties. 70.107.070 Rules relating to motor vehicles—Violations—Penalty. 70.108.130 Penalty. 70.108.150 Firearms—Penalty. 70.110.040 Compliance required. 70.111.030 Unsafe cribs—Prohibition—Definition—Penalty. 70.119.130 Violations—Penalties. 70.122.090 Criminal conduct—Penalties. 70.124.070 Failure to report is gross misdemeanor. 70.127.020 Licenses required after July 1, 1990—Penalties. 70.128.055 Operating without a license—Misdemeanor. 70.138.070 Criminal penalties. 70.148.060 Disclosure of reports or information—Penalty. 70.155.050 Sampling prohibited—Penalty. 70.155.080 Purchasing, possessing, or obtaining tobacco by persons under the age of eighteen – Civil infraction – Courts of jJurisdiction. 70.155.140 Shipping or transporting tobacco products ordered or purchased by mail or through the internet prohibited— Penalty. 70.158.060 Penalties—Application of consumer protection act. 70.170.070 Penalties. 70.175.090 Participants authorized to contract—Penalty—Secretary and state exempt from liability. 58 Criminal Code Amendments 2015 State Legislative Session 70.185.080 Participants authorized to contract—Penalty—Secretary and state exempt from liability. 70.230.070 Denial, suspension, or revocation of license—Investigating complaints—Penalties. Sec. 9.02.540. RCW Title 71, entitled “Mental Illness” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 71.05.680 Treatment records—Access under false pretenses, penalty. 71.12.460 License to be obtained—Penalty. Sec. 9.02.550. Chapter 72.09 RCW, entitled “Department of corrections” – Adoption by reference.The following RCW section, as currently enacted or as hereafter amended or recodified from time to time, is hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 72.09.540 Inmate name change—Limitations on use—Penalty. 59 Criminal Code Amendments 2015 State Legislative Session Sec. 9.02.560. Chapter 73.04 RCW, entitled “General provisions” – Adoption by reference.The following RCW section, as currently enacted or as hereafter amended or recodified from time to time, is hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 73.04.020 Pension papers—Fees not to be charged—Penalty. Sec. 9.02.570170. Chapter 74.34 RCWRCW Title 74, entitled “Abuse of Vulnerable AdultsPublic Assistance” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 74.04.060 Records, confidential—Exceptions—Penalty. 74.04.330 Annual reports by assistance organizations—Penalty. 74.04.380 Federal and other surplus food commodities—Agreements— Personnel—Facilities—Cooperation with other agencies— Discontinuance of program. 74.04.385 Unlawful practices relating to surplus commodities—Penalty. 74.08.331 Unlawful practices—Obtaining assistance—Disposal of realty— Penalties. 74.08.582 Electronic benefit cards—Names of two or more persons. 74.09.270 Failure to maintain trust funds in separate account—Penalties. 74.15.150 Penalty for operating without license. 74.20.060 Cooperation by person having custody of child—Penalty. 74.20.260 Financial statements by parent whose absence is basis of application for public assistance. 74.34.020 Definitions. 74.34.021 Vulnerable adult – Definition. 74.34.035 Reports – Mandated and permissive – Contents – Confidentiality. 74.34.040 Reports – Contents – Identity confidential. 60 Criminal Code Amendments 2015 State Legislative Session 74.34.050 Immunity from liability. 74.34.053 Failure to report – False reports – Penalties. 74.34.145 Protection of vulnerable adults – Notice of criminal penalties for violation – Enforcement under RCW 26.50.110. Sec. 9.02.570175. RCW Title 77, entitled “Fish and Wildlife” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 77.08.010 Definitions. 77.15.160 Infractions. 77.15.380 Unlawful recreational fishing in the second degree – Penalty. 77.15.390 Seaweed – Unlawful taking – Penalty. 77.15.500 Commercial fishing without a license – Penalty. 77.15.809 Unlawful use of invasive species in the second degree – Penalty. 77.15.811 Unlawful use of invasive species in the first degree – Penalty. Sec. 9.02.580. RCW Title 78, entitled “Mines, Minerals, and Petroleum” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 78.04.050 Penalty for violations under RCW 78.04.040. 78.12.061 Safety cage in mining shaft—Regulations. 78.44.260 Operating without permit—Penalty. 78.52.550 Violations—Penalty. 78.60.290 Violations—Penalty. 61 Criminal Code Amendments 2015 State Legislative Session Sec. 9.02.590. RCW Title 80, entitled “Public Utilities” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 80.04.385 Penalties—Violations by officers, agents, and employees of public service companies. 80.04.390 Penalties—Violations by persons. 80.08.120 Penalty against individuals. 80.24.050 Penalty for failure to pay fees—Disposition of fines and penalties. 80.28.190 Gas companies—Certificate—Violations—Commission powers—Penalty—Fees. 80.50.150 Enforcement of compliance—Penalties. Sec. 9.02.600. RCW Title 81, entitled “Transportation” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 81.04.385 Penalties—Violations by officers, agents, and employees of public service companies and persons or entities acting as public service companies. 81.04.390 Penalties—Violations by persons. 81.08.120 Penalty against individual. 81.24.080 Penalty for failure to pay fees—Disposition of fees and penalties. 81.29.040 Penalty for violations. 81.40.060 Purchase of apparel by employees—Penalty. 81.40.080 Employee shelters—Penalty. 62 Criminal Code Amendments 2015 State Legislative Session 81.40.130 Cost of records or medical examinations—Unlawful to require employee or applicant to pay—Penalty—Definitions. 81.44.085 First aid kits and drinking water—Penalty. 81.48.020 Obstructing or delaying train—Penalty. 81.48.060 Penalty for violation of duty endangering safety. 81.54.030 Reimbursement of inspection cost. 81.68.010 Definitions. 81.68.015 Application of chapter restricted. 81.68.020 Compliance with chapter required. 81.68.080 Penalty. 81.77.020 Compliance with chapter required—Exemption for cities. 81.77.090 Penalty. Sec. 9.02.610. Chapter 88.02 RCW, entitled “Vessel Registration” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 88.02.350 Refunds, overpayments, and underpayments—Penalty for false statement. 88.02.360 Contaminated vessels. 88.02.380 Penalties—Disposition of moneys collected—Enforcement authority. 88.02.400 Evasive registration and excise tax evasion—Penalty. 88.02.740 Vessel dealer license required—Penalty. Sec. 9.02.620. RCW Title 90, entitled “Water Rights- Environment” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 90.36.050 Penalty—1901 c 121. 63 Criminal Code Amendments 2015 State Legislative Session 90.44.120 Penalty for waste or unauthorized use of water. 90.58.220 General penalty. Sec. 9.02.630180. Obstructing public officers. A. A person is guilty of obstructing a public officer if, with knowledge that the person is a public officer, he or she: 1. Intentionally and physically interferes with a public officer; 2. Intentionally hinders or delays a public officer by disobeying an order to stop given by such officer; 3. Intentionally refuses to cease an activity or behavior that creates a risk of injury to any person when ordered to do so by a public officer; 4. Intentionally destroys, conceals, or alters or attempts to destroy, conceal, or alter any material that he or she knows the public officer is attempting to obtain, secure, or preserve during an investigation, search, or arrest; 5. Intentionally refuses to leave the scene of an investigation of a crime while an investigation is in progress after being requested to leave by a public officer; or 6. Intentionally hinders or delays a public officer in the discharge of his or her official duties by making any untrue or misleading statement, report, or identification. B. No person shall be convicted of violating this section if the judge determines with respect to the person charged with violating this section that the public officer is not acting lawfully in a governmental function. C. For purposes of this section,a public officer means those individuals responsible for the enforcement of the provisions of the Kent City Code and empowered to make arrests or issue citations for violations under the code or those individuals responsible for the enforcement of the criminal laws of the state. 64 Criminal Code Amendments 2015 State Legislative Session D. Obstructing a public officer is a gross misdemeanor. Sec. 9.02.640190. Disorderly conduct. A. A person is guilty of disorderly conduct if he or she: 1. Uses abusive language and thereby intentionally creates a risk of assault; 2. Intentionally disrupts any lawful assembly or meeting of persons without lawful authority; 3. Intentionally obstructs pedestrian or vehicular traffic without lawful authority; or 4. Aggressively solicits in a public place. B. The following definitions shall apply in this section: 1.Aggressively solicit means to solicit and engage in conduct that would likely intimidate a reasonable person, including touching, following, persistently soliciting after being refused, using violent or threatening language or gestures, or taking similar actions for the purpose of inducing another person into giving goods, services, money, signatures, or any other item, tangible or intangible, sought by the solicitor. 2.Lawful authority includes but is not limited to oral permission, or a permit or license when issued by a person or entity with authority to issue the permission, permit, or license, or a court order or authorization issued by a court of proper jurisdiction. 3.Obstruct pedestrian or vehicular traffic means to walk, stand, sit, lie, grasp a person, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact, and shall also include action which is intended to prohibit or delay vehicular or pedestrian traffic from entering a public or private place; provided, that an act which is specifically authorized by a state or federal court with jurisdiction and which has been determined by the court to be a valid 65 Criminal Code Amendments 2015 State Legislative Session exercise of one’s right to picket or legally protest shall not constitute obstruction of pedestrian or vehicular traffic. 4.Public place means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks, and streets open to the general public, including places that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them. 5.Solicit means to request, petition, or seek something from another person, or persons, or business or businesses, by words, physical gestures, or written or symbolic signs or displays in a public place. C. Disorderly conduct is a misdemeanor. Sec. 9.02.650192. Prohibited conduct on transit property and transit vehicles. A.Definitions.As used in this section, the following definitions shall apply: 1.Public transportation services means providing, at scheduled times and places, transit vehicles to carry members of the public from one location to another upon public highways or other roads, or upon any railway used for light rail or interurban passenger service provided by a regional transit authority authorized by Chapter 81.112 RCW, as currently enacted or hereafter amended; provided, this definition shall not include activities related to the transporting of members of the public by other public or private railroad entities, such as Amtrak. 2.Transit center means any location within the city of Kent, such as bus stations and train or light rail stations, that serves as a hub or transfer point for transit vehicles, enabling passengers to connect with different transit routes. 3.Transit property shall mean all facilities, structures, lands, interest in lands, air rights over lands, and rights-of-way of all kinds that 66 Criminal Code Amendments 2015 State Legislative Session are owned, leased, held, or used within the city of Kent by a public or private agency or municipal corporation for purposes of providing or directly supporting public transportation services, including, but not limited to, park and ride lots or parking structures for passengers; transit centers; designated bus, trolley, light rail, or train stops and waiting areas; and transit vehicle maintenance or storage facilities. 4.Transit vehicle means every motor vehicle, bus, trolley, streetcar, train, light rail train, or other vehicle owned or operated by a public or private entity that provides public transportation services within the city of Kent; provided this definition shall not include taxicabs or “for- hire” vehicles as those vehicles are defined under the Kent City Code. B.Misdemeanor offenses on transit property and transit vehicles. The following actions are prohibited in, on, or against all transit properties and transit vehicles. A person who commits one of the following acts is guilty of a misdemeanor: 1. Smoking or carrying a lighted or smoldering pipe, cigar, or cigarette while in a transit vehicle; 2. Discarding litter other than in designated receptacles; 3. Playing a radio, tape recorder, audible game device, or any other sound-producing equipment, except when the equipment is connected to earphones that limit the sound to the individual listener, with knowledge that this conduct is prohibited. However, the use of communication devices in the line of duty by city of Kent employees, transit agency or county employees, or police, fire, or other public safety officers is permitted, as is the use of private communication devices used to summon, notify, or communicate with other individuals (such as “beepers” or portable telephones); 4. Spitting, expectorating, urinating, or defecating, except in restroom facilities; 5. Carrying flammable liquids, flammable or nonflammable explosives, acid, or any other article or material of a type or in a manner 67 Criminal Code Amendments 2015 State Legislative Session that is likely to cause harm to others. However, cigarette, cigar, or pipe lighters, firearms, weapons, and ammunition may be carried if in a form or manner that is not otherwise prohibited by law or ordinance; 6. Intentionally obstructing or impeding the flow of transit vehicle or passenger movement, intentionally hindering or preventing access to transit property, intentionally causing unreasonable delays in boarding or exiting, intentionally reclining or occupying more than one seat, or in any way intentionally interfering with the provision or use of transit services; 7. Unreasonably disturbing others by engaging in loud, raucous, unruly, harmful, abusive, or harassing behavior; 8. Drinking an alcoholic beverage or possessing an open container of an alcoholic beverage by a passenger in a transit vehicle, or in public areas of transit properties during hours when those areas are open to the public; provided, possessing and drinking an alcoholic beverage is not prohibited on transit property if authorized as part of a scheduled special event for which all required permits have been obtained and when said facilities are not in use for transit purposes; provided further, drinking by passengers is not prohibited with respect to transit vehicles that have been commercially chartered for group use and that have obtained any required permits to serve alcohol; 9. Dumping any materials whatsoever on transit property, including but not limited to chemicals and automotive fluids; 10. Throwing an object at transit property or at any person in transit property; 11. Failing to present a valid, unexpired pass, transfer, or ticket or otherwise failing to pay the appropriate fare as required; 12. Possessing an unissued transfer or tendering an unissued transfer as proof of fare payment; 68 Criminal Code Amendments 2015 State Legislative Session 13. Falsely representing oneself as eligible for a special or reduced fare or obtaining any permit or pass related to the transit system by making a false representation; 14. Falsely claiming to be a transit operator or other transit employee; or through words, actions, and/or the use of clothes, insignia, or equipment resembling department-issued uniforms and equipment, intentionally creating a false impression that he or she is a transit operator or other transit employee; 15. Engaging in gambling or any game of chance for the winning of money or anything of value; and 16. Discharging a laser-emitting device on a transit vehicle, directing such a device from a transit vehicle toward any other moving vehicle, or directing such a device toward any transit operator or passenger. C.Infractions.The following actions are prohibited in, on, or against all transit properties and transit vehicles. A person who commits one of the following acts in, on, or in relation to transit property is guilty of a civil infraction to which Chapter 7.80 RCW applies: 1. Allowing any animal to occupy a seat on transit property, to run at large without a leash, to unreasonably disturb others, or to obstruct the flow of passenger or bus traffic; but animals may occupy a passenger’s lap while in a transit vehicle or in a transit property; provided, dogs that have been declared dangerous shall not be allowed on transit vehicles or transit property; 2. Allowing his or her animal to leave waste on transit property or in a transit vehicle; 3. Rollerskating, rollerblading, or skateboarding; 4. Riding a bicycle, motorcycle, or other vehicle except for the purpose of entering or leaving passenger facilities on roadways designed for that use. Bicycles must be walked at all times and may not be transported on escalators. However, nothing in this section shall be 69 Criminal Code Amendments 2015 State Legislative Session construed to apply to commissioned peace officers or city employees engaged in authorized activities in the course of their employment; 5. Eating or drinking on transit vehicles, or in any area of transit property that has been posted as prohibiting eating or drinking; 6. Bringing onto a transit passenger vehicle any package or other object which blocks an aisle or stairway or occupies a seat if to do so would, in the vehicle operator’s sole discretion, cause a danger to passengers or displace passengers or expected passengers; 7. Operating, stopping, standing, or parking a vehicle in any roadway or location restricted for use only by transit vehicles or otherwise restricted; 8. Riding transit vehicles for the purpose of sleeping, or using benches, floors, or other areas in transit facilities for the purpose of sleeping rather than for their intended transportation-related purposes; 9. Camping in or on transit property; storing personal property on benches, floors, or other areas of transit property; 10. Entering upon or crossing a road or rail tracks used by transit vehicles, except in marked crosswalks or at the direction of transit employees or public safety personnel; 11. Intentionally extending an object or a portion of one’s body through the door or window of a transit vehicle while it is in motion; 12. Intentionally hanging or swinging on bars or stanchions, with feet off the floor, inside a transit vehicle or on other transit property; intentionally hanging onto or otherwise attaching oneself at any time to the exterior of a transit vehicle or other transit property; 13. Engaging in any sports on transit property without permission; 14. Parking a vehicle in a designated passenger parking area on transit property for more than seventy-two (72) consecutive hours; 15. Using transit property for residential parking or unauthorized commercial parking purposes; 70 Criminal Code Amendments 2015 State Legislative Session 16. Unless authorized, cleaning or performing nonemergency repairs to a vehicle parked on transit property; and 17. Conducting driver training on transit property. Sec. 9.02.660193. Possession of graffiti tools. A. It shall be unlawful for any person to possess graffiti tools. B. A person possesses graffiti tools when they possess any paint, marking pen, glass-cutting tool, glass-etching tool, materials, instruments, or any other item adapted, designed, or commonly used for committing or facilitating the commission of an offense involving damaging, defacing, or destroying public or private property, and they possess the item under circumstances evincing an intent to use or employ, or allow the same to be used or employed, in the commission of such an offense, or under circumstances evincing an intent that some other person will use or employ the thing possessed in the commission of such offense. C. “Defacing” as used in subsection (B) of this section shall include, but not be limited to, the writing, painting, inscribing, drawing, scratching, cutting, etching, or scribbling upon any wall or surface owned, operated, or maintained by any property owner or the city unless the city or the property owner grants written permission for such writing, painting, inscribing, drawing, scratching, cutting, etching, or scribbling. D. The unlawful possession of graffiti tools is a misdemeanor. Sec. 9.02.670195. Tampering or interfering with the property of another prohibited – Penalty. A. A person commits the offense of tampering or interfering with the property of another if, without privilege, permission, or license to do so, he or she intentionally tampers or interferes with the property of another. 71 Criminal Code Amendments 2015 State Legislative Session B. For the purposes of this section, the terms tampers or interferes include, but are not limited to: 1. Discarding items belonging to another; 2. Withholding the property of another; or 3. Placing of a substance, such as a bodily fluid or bodily waste, food products, food waste or food containers, dying or dead vegetation, trash, or other object, upon the property of another thereby creating the need for an expenditure of effort, time, money, or other activity in order to return the property to its previous condition. C. Tampering or interfering with the property of another is a misdemeanor. Sec. 9.02.680200. Public disturbance. A. A person is guilty of public disturbance if he or she: 1. Causes a public disturbance or is in possession or control of property on which a public disturbance occurs. A public disturbance includes the following sounds that unreasonably disturb or interfere with the peace, comfort, and repose of a reasonable person of ordinary sensitivities: a. The frequent, repetitive, or continuous sounding of any horn or siren attached to a motor vehicle, except when used as a warning of danger or as specifically permitted or required by law. b. The creation of frequent, repetitive, or continuous sounds in connection with the starting, operating, repairing, rebuilding, or testing of any motor vehicle, motorcycle, off-highway vehicle, or internal combustion engine within a residential district. c. Yelling, shouting, hooting, whistling, or singing on or near the public streets, between the hours of 10:00 p.m. and 7:00 a.m. d. The creation of frequent, repetitive, or continuous sounds which emanate from any building, structure, apartment, 72 Criminal Code Amendments 2015 State Legislative Session condominium, or yard adjacent thereto, such as sounds from musical instruments, audio sound systems, band sessions, or social gatherings. e. The creating of frequent, repetitive, or continuous sounds made by any animal, such as barking or howling, except that such sounds made in animal shelters, commercial kennels, veterinary hospitals, pet shops, or pet kennels licensed under and in compliance with Chapter 8.03 KCC shall be exempt from this provision. f. Sound from portable audio equipment, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than fifty (50) feet from the source, and if not operated upon the real property of the operator. This provision shall not apply to such sounds emitted from scheduled events or activities at parks and recreational facilities such as public address systems for park or game events or concerts or similar park or recreation activities. g. The creation of frequent, repetitive, or continuous sounds made in connection with outdoor construction or the movement of construction related materials, including noise made by devices capable of producing sound by either striking or cutting objects, such as hammers, saws, or other equipment with internal combustion engines; provided, however, such sounds shall be exempt from the provisions of this code under the following circumstances: i. During the hours of 7:00 a.m. through 8:00 p.m., Monday through Sunday; or ii. In commercial areas not adjacent to residential areas. B. The foregoing enumeration of acts and noises shall not be construed as excluding other acts and noises which offend the public peace. C. Public disturbance is a misdemeanor. 73 Criminal Code Amendments 2015 State Legislative Session Sec. 9.02.690210. Disruption of public facilities. A. A person is guilty of disruption of a public facility if he or she enters or remains in a public facility and: 1. Intentionally interferes with the proper functioning of the public facility by causing a substantial disruption of the public facility or the activities occurring at the public facility; or 2. Intentionally interferes with the use of the public facility by other members of the public and such interference is caused while the person is using the public facility in a manner other than that for which the public facility was intended. B. As used in this section, the term public facility shall include, but not be limited to, the facilities commonly referred to as the Kent Commons, the Kent Resource Center, the Kent Senior Activity Center, the Riverbend Golf Complex, the Kent Library, Kent City Hall, the Centennial Center, the Kent Municipal Court, the Kent Corrections Facility, the ShoWare Center located at 625 W. James Street, and any other building, structure, equipment, and adjoining grounds and appurtenances of city, county, state, and federal government offices. C. A violation of this section is a misdemeanor. Sec. 9.02.700220. Public events – Criminal activity. A.Interference with public events. No person shall physically interfere with any public event activity in a manner which: (1) disrupts the activity to the extent it makes it difficult for the activity to continue; or (2) causes viewers or participants (including vendors) to be distracted to the extent the viewing of or the participation in the activity is obstructed, restrained, or inhibited. For purposes of this section,activity shall include any parade, performance, processing, race, game, exhibition, or similar activity that is conducted on a public street or public place and is an official part of a public event. The term public event shall mean any event(s) sponsored or 74 Criminal Code Amendments 2015 State Legislative Session co-sponsored by, in conjunction with, or endorsed by any public, quasi- public, or civic entity for the benefit of the public. B.Violation/penalty. Any violation of subsection (A) of this section shall constitute a misdemeanor. C.Criminal trespass. Any person who: 1. Violates this section of the Kent City Code; 2. Commits any offense against public peace as set forth in this chapter, including, but not limited to, indecent exposure, urinating in public, public disturbance, disorderly conduct, and failure to disperse, while attending or in conjunction with a public event; 3. Commits a crime against a person as set forth in this chapter, including, but not limited to, assault in the fourth degree and provoking assault, while attending or in conjunction with a public event; or 4. Commits a felony while attending or in conjunction with a public event; may be ordered removed from the property on which the event is held by any person(s) having lawful authority over the event or by a law enforcement officer. Such an order may prohibit the person from returning to the property on which the event is held for the duration of the event if there is cause to believe that further violations would occur if the person were allowed to return. Such order shall apply to event areas both on and off public streets and public places. Any violation of such an order lawfully issued shall constitute criminal trespass pursuant to Chapter 9A.52 RCW. Sec. 9.02.710230. Public facility – Illegal activity – Exclusion. A. The city council finds that, from time to time, the right of the general public to enjoy public facilities provided by the city is infringed upon by persons who engage in disruptive, unsafe, or otherwise prohibited activity at the public facilities. This behavior is often engaged in by a 75 Criminal Code Amendments 2015 State Legislative Session comparatively small number of repeat offenders. The city council further finds that the right of persons who engage in such activities to remain at or frequent public facilities is outweighed by the right of law-abiding citizens to use such facilities without the interference or fear of the illegal activity of others. B. Whenever a police officer has probable cause to believe that a person has committed any act set forth in subsection (F) of this section on or at any public facility as described in subsection (G) of this section, the officer may, by written order, exclude that person from entering the public facility where the act was committed; provided, further, that if the public facility where the act was committed is part of a public facility assemblage as described in subsection (H) of this section, the officer may, by written order, exclude that person from entering all public facilities within that assemblage. C. If the offender: 1. Has not been issued an exclusion notice within one year prior to the violation or the current violation is not a felony violation, a weapon violation, or a violation involving an act of violence or threat of violence, then the officer may exclude the offender from the public facility or public facility assemblage in which the current violation occurred for a period of forty-five (45) days from the date of the exclusion notice. 2. Has been issued an exclusion notice within the one (1) year prior to the current violation or the current violation is a felony violation, a weapon violation, or a violation involving an act of violence or threat of violence, then the officer may exclude the offender from the public facility or public facility assemblage in which the current violation occurred for a period of ninety (90) days from the date of the exclusion notice. 3. Has been issued two (2) or more exclusion notices from the same public facility or public facility assemblage in which the current violation has occurred within the one (1) year prior to the current violation, 76 Criminal Code Amendments 2015 State Legislative Session then the officer may exclude the offender from the public facility or public facility assemblage in which the current violation occurred for a period of three hundred sixty-four (364) days from the date of the exclusion notice. 4. Has been issued two (2) or more exclusion notices within the one (1) year prior to the current violation and, in combination, the current violation and those prior violations did not occur at the same public facility or within the same public facility assemblage, or if the offender has been issued one (1) exclusion notice based on a felony violation, a weapon violation, or a violation involving an act of violence or threat of violence within the one (1) year prior to the current violation, then the officer may exclude the offender from all public facilities for a period of three hundred sixty-four (364) days from the date of the exclusion notice. D. The exclusion notice shall be in writing and shall contain the date of issuance, shall specify the duration and location of exclusion, and shall be signed by the issuing officer. A warning of the consequences for failure to comply with the exclusion notice, as well as procedures for seeking review of the exclusion, shall be contained within the exclusion notice. E. The person subject to the exclusion notice shall have the right to a hearing to seek the modification or rescission of the exclusion. For the purposes of exclusion modification or rescission hearings, the city’s hearing officer shall be the city of Kent’s director of parks, recreation, and community services or his/her designee, or the person acting in the position of the director or designee in his/her absence. 1. A request for hearing shall be in writing and shall be accompanied by a copy of the exclusion notice for which the hearing is sought. The request shall contain the address of the offender, and it shall be the responsibility of the offender to notify the hearing officer of any change of address. The hearing shall occur and a decision be rendered within ten (10) business days after the city’s hearing officer receives the request for hearing. Notice of the hearing shall be effective upon the third 77 Criminal Code Amendments 2015 State Legislative Session business day after placement of the notice in the mail to the address provided by the offender. 2. The parties to the hearing shall be the city and the offender. At the hearing, the violation that forms the basis for the exclusion notice must be proved by a preponderance of the evidence in order to uphold the exclusion. The offender need not be charged with a crime or civil infraction in a court of law, and need not be convicted or found to have committed the alleged violation in a court of law for the exclusion to be upheld. The city’s hearing officer shall consider the exclusion notice and a sworn report or a declaration made under penalty of perjury as authorized by RCW 9A.72.085, written by the police officer who issued the exclusion notice, without further evidentiary foundation. Both the city and the offender may submit physical or written evidence, or call witnesses to testify. The city’s hearing officer may consider information and evidence that would not be admissible in a court of law under the evidence rules but which the hearing officer considers relevant and trustworthy. Each party shall be responsible for securing the attendance of any witnesses it intends to call to testify. 3. If the violation is proved, the exclusion notice shall be upheld; however, upon good cause shown, the city’s hearing officer may shorten the duration of the exclusion. If the violation is not proved by a preponderance of the evidence the city’s hearing officer shall rescind the exclusion. If an exclusion is rescinded, it shall not be considered a prior exclusion for the purposes of subsection (C) of this section. 4. The decision of the city’s hearing officer is final. An offender seeking judicial review of a decision of the city’s hearing officer shall file an appeal or an application for a writ of review in the King County superior court within fourteen (14) days of the date of the decision. 5. The exclusion shall remain effective during the pendency of any administrative or judicial proceeding. 6. The determination of the city’s hearing officer shall not have any collateral estoppel effect on a subsequent criminal prosecution or civil 78 Criminal Code Amendments 2015 State Legislative Session proceeding and shall not preclude litigation of those same facts in a subsequent criminal prosecution or civil proceeding. F. An act which may result in the issuance of a written order excluding a person from a public facility or public facility assemblage may consist of any of the following when committed on or at a public facility: 1. Any act that qualifies as a felony crime; 2. Any act that qualifies as a gross misdemeanor or misdemeanor crime, excluding all traffic offenses except for violations of RCW 46.61.500, 46.61.502, 46.61.503, 46.61.504, and 46.61.525; 3. Any act that qualifies as a violation of RCW 66.44.100 or RCW 69.50.445; 4. Any act that qualifies as a violation of: a. KCC 4.01.020 Same – Damaging property. b. KCC 4.01.030 Same – Animals. c. KCC 4.01.040 Same – Discharging weapons, fireworks. d. KCC 4.01.080 Prohibited activities – Speed limits, vehicles, and horses. e. KCC 4.01.100 Same – Littering. f. KCC 4.01.120 Same – Fires. g. KCC 4.01.130 Same – Alcoholic beverages. h. KCC 4.01.140 Same – Golf. i. KCC 4.01.150 Use of facilities. j. KCC 4.01.160 Hours. k. KCC 4.01.190 Sales of refreshments. l. KCC 4.01.210 Traffic regulations. 5. Any act that qualifies as a violation of KCC 9.02.320, Urinating in public. G. For the purpose of this section,a public facility consists of the buildings, structures, and equipment, and the adjoining grounds, 79 Criminal Code Amendments 2015 State Legislative Session appurtenances, and parking areas of any of the following when located within the city of Kent: 1. Any building maintained or operated by the city of Kent, King County, or the state of Washington. 2. Any park maintained by the city of Kent, King County, or the state of Washington. 3. Any recreational area maintained by the city of Kent, King County, or the state of Washington, including but not limited to any skateboard park, the Kent Commons, the Kent Senior Activity Center, the Kent Resource Center, the Riverbend Golf Complex, the Green River Trail, the Green River Natural Resources Area, and the Interurban Trail. 4. The city’s ShoWare Center, located at 625 W. James Street. 5. The bodies of water known as Lake Meridian and Lake Fenwick and associated boat ramps and areas of ingress and egress. 6. Any public school maintained by the city of Kent, the Kent School District, King County, or the state of Washington. 7. The watershed areas owned and operated by the city of Kent, including Armstrong Springs, Clark Springs, and Kent Springs. 8. Any public library or pool maintained by the city of Kent, King County, or the state of Washington. H. For the purpose of this section,a public facility assemblage consists of a group of public facilities so related to one another geographically that exclusion from one public facility within the group would be ineffective without exclusion from the other or others in the same group. A violation occurring at any public facility within a public facility assemblage shall be deemed to have occurred within the public facility assemblage.Public facility assemblages include the following: 1.Downtown public facility assemblage, consisting of Town Square Plaza, Burlington Green/Yangzhou Park, Kaibara Park, Kherson Park, Mill Creek Canyon Earthworks Park, Rosebed Park, Titus Railroad Park, Uplands Playfield, and the Kent Library. 80 Criminal Code Amendments 2015 State Legislative Session I. The violation of an exclusion notice is a misdemeanor. Sec. 9.02.720240. Escape. A. A person is guilty of escape if: 1. Without lawful authority, he or she intentionally removes himself or herself from the custody of a court, police officer, detention facility, registered location where work is performed pursuant to work release, or registered location where he or she is serving any portion of jail time on electronic home monitoring or detention; or 2. He or she fails to return himself or herself to the custody of the court, police officer, or detention facility following temporary leave lawfully granted by a court or Kent corrections. B. For the purposes of this section,custody means: 1. Restraint by a police officer pursuant to a lawful arrest for an offense; or 2. Restraint pursuant to an order of a court, including: a. The detention of a person pursuant to a court issued arrest warrant; b. A verbal or written order to detain a person during a court appearance; c. The detention of a person pending and during trial; d. Detention of a person pending sentencing or pursuant to a sentence of a court; e. Detention of a person pursuant to the revocation of a period of a sentence initially suspended by a court; f. Detention of a person pursuant to an electronic home monitoring or electronic home detention program, regardless of the location that the person who is in custody is registered or required to be; 81 Criminal Code Amendments 2015 State Legislative Session g. Detention of a person pursuant to a work release or work crew program, regardless of the location that the person who is in custody has listed or registered as the location of their work; or h. Detention of a person pursuant to a day reporting program, regardless of the location that the person who is in custody has listed or registered as the location that he or she reports to. C. A person who violates this section shall be guilty of a gross misdemeanor. Sec. 9.02.730250. Damage, theft, abandonment, or improper use of an electronic home detention or monitoring device. A. A person is guilty of damage, theft, abandonment, or improper use of an electronic home detention or monitoring device if: 1. The person intentionally causes damage to any component of the electronic home detention or monitoring device; 2. The person exerts unauthorized control over an electronic home detention or monitoring device; 3. The person abandons the electronic home detention or monitoring device; or 4. The person fails to return the electronic home detention or monitoring device to Kent corrections or its lawful owner within twenty- four (24) hours of interrupting or terminating the proper use of the device. B. For the purposes of this section, the term damage shall have the same meaning as damages as that term is defined in RCW 9A.48.010. C. For the purposes of this section, the phrase exerts unauthorized control shall be defined as it is in RCW 9A.56.010. D. A person who violates this section shall be guilty of a gross misdemeanor. 82 Criminal Code Amendments 2015 State Legislative Session Sec. 9.02.740260. Making or having vehicle prowl or vehicle theft tools. Repealed by Ord. No. 3878. Sec. 9.02.740265. Vehicle trespass prohibited – Penalty. A. A person is guilty of vehicle trespass if he or she knowingly enters or remains unlawfully in a vehicle belonging to another. B. As used in this section: 1. The word enter shall include the entrance of the person, or the insertion of any part of his or her body, or any instrument or weapon held in his or her hand. 2. A person enters or remains unlawfully in or upon a vehicle when he or she is not licensed, invited, or otherwise privileged to so enter or remain. C. Vehicle trespass is a misdemeanor. Sec. 9.02.750270. Neglect of a child or dependent person. A. A person is guilty of the crime of neglect of a child or dependent person if the person is a parent of a child, a person entrusted with the physical custody of a child or other dependent person, or a person employed to provide to the child or dependent person any of the basic necessities of life, and with criminal negligence, the person: 1. Withholds any of the basic necessities of life; or 2. Maintains living conditions that place the child or dependent person at a significant risk of disease, illness, or bodily injury; or 3. Supervises the child or dependent person and: a. As a result of such supervision, the child or dependent person suffers bodily injury; or 83 Criminal Code Amendments 2015 State Legislative Session b. The supervision creates a substantial risk that the child or dependent person will suffer bodily injury; or 4. Fails to supervise the child or dependent person and: a. As a result of such failure, the child or dependent person suffers bodily injury; or b. Such failure creates a substantial risk that the child or dependent person will suffer bodily injury. B. In any prosecution for neglect of a child or dependent person, it shall be a defense that the withholding of the basic necessities of life or the maintenance of living conditions that place the child or dependent person at a significant risk of disease, illness, or bodily injury is due to financial inability only if the person charged has made a reasonable effort to obtain adequate assistance. This defense is available to a person employed to provide the basic necessities of life only when the agreed-upon payment has not been made. C. A person is criminally negligent or acts with criminal negligence when he or she fails to be aware of a substantial risk that a wrongful act may occur and his or her failure to be aware of such substantial risk constitutes a gross deviation from the standard of care that a reasonable person would exercise in the same situation. D.Child means a person under eighteen (18) years of age. E.Dependent person means a person who, because of physical or mental disability or because of advanced age, is dependent upon another person to provide the basic necessities of life. A resident of a nursing home as defined in RCW 18.51.010, a resident of an adult family home as defined in RCW 70.128.010, and a frail, elderly, or vulnerable adult as defined in RCW 74.34.020(13) is presumed to be a dependent person for purposes of this section. 84 Criminal Code Amendments 2015 State Legislative Session F. For the purposes of this section,bodily injury means physical pain, injury, illness, or impairment of physical condition that is more than minor or transient. G. Neglect of a child or dependent person is a gross misdemeanor. Sec. 9.02.760280. Offenses against police dogs.No person shall willfully or maliciously torment, beat, kick, or strike any dog owned or being used by the police department in the performance of its official duties. No person shall willfully hinder, delay, or obstruct any dog used by a law enforcement officer in discharging or attempting to discharge his official duties. Any person violating the provisions of this section shall be guilty of a misdemeanor. Sec. 9.02.770290. Provoking assault.Every person who shall, by word, sign, or gesture, willfully provoke or attempt to provoke another person to commit an assault or breach of the peace shall be guilty of a misdemeanor. Sec. 9.02.780293. Menacing.A person is guilty of the crime of menacing when he or she intentionally follows or surveils another person and/or engages in a course of conduct that is intended to place a person in reasonable fear of “bodily injury” as that phrase is defined in RCW 9A.04.110. A.Follows, as used in this section, means deliberately maintaining visual observation and/or physical proximity of a specific person or persons over a continuous period of time. B. Violation of this section is a misdemeanor, the maximum penalty of which is ninety (90) days in jail and a one-thousand-dollar ($1,000) fine. 85 Criminal Code Amendments 2015 State Legislative Session Sec. 9.02.790295. Definitions.The following words and phrases, wherever used in KCC 9.02.710296, 9.02.720297, 9.02.730300 and 9.02.740310, shall have the meanings ascribed to them in this section except where otherwise defined and unless the context shall clearly indicate to the contrary: A.Expressive conduct means any dance, opera, musical, dramatic work, or other exhibition or performance, whether or not part of an organized or formal event that constitutes protected speech under the federal or state constitution. B.Known prostitute, a person known to patronize prostitutes, or a person known to advance prostitution means a person who within one (1) year previous to the date of arrest for violation of this section has, within the knowledge of the arresting officer, been convicted of an offense of prostitution, patronizing a prostitute, prostitution loitering, permitting prostitution, or promoting prostitution whether or not such conviction occurs under the Revised Code of Washington or comparable laws of municipalities in the state of Washington. C.Patronizing a prostitute shall have the same meaning as set forth in RCW 9A.88.110 as now enacted or later amended or recodified. D.Prostitution means to engage or agree or offer to engage in sexual conduct for a fee, reward, exchange of any item or service, or promise, but does not include sexual conduct engaged in as part of any stage performance, play, or other lawful and properly licensed entertainment open to the public. E.Public place means an area generally visible to public view including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not) and any place in which the general public has a right to be present or view, whether or not conditioned upon 86 Criminal Code Amendments 2015 State Legislative Session payment of a fee, and includes, but is not limited to, buildings open to the general public, including those which serve food or drink or provide entertainment or sell product, and the windows, doorways and entrances to buildings or dwellings and the grounds enclosing them, and structures from which customers can be served through a drive-up or walk-up window, door, or other means, whether or not access is restricted according to age. F.Public place provided or set apart for nudity means an enclosed public restroom, an enclosed functional shower or locker room facility, an enclosed sauna, a motel room or hotel room designed and intended for sleeping accommodations, the location of a bona fide private club whose membership as a whole engages in social nudism or naturalism (a nudist resort or camp), and any similar public places in which nudity is necessarily and customarily expected outside of the home. G.Sexual conduct shall mean “sexual intercourse” or “sexual contact” as defined in RCW 9A.44.010 as currently enacted or later amended or recodified. H.Walking or otherwise conducting oneself in a sexual manner shall mean the swaying of hips, drawing attention to one’s buttocks, legs, or breasts, grabbing oneself in the genitals or breasts, blowing kisses, or using one’s body or any part thereof to simulate sexual conduct. Sec. 9.02.800296. Lewd conduct. A. A person is guilty of lewd conduct if, in a public place and under circumstances where such conduct is likely to be observed by a member of the public, the person intentionally: 1. Exposes any of his or her body parts without a full and opaque covering: 87 Criminal Code Amendments 2015 State Legislative Session a. Any part of the male or female genitals, pubic hair, pubic area, perineum, anus, or bottom one-half of the anal cleft; b. Any part of the areola or nipple of the female breast; or c. More than one-half of the part of the female breast located below the top of the areola; 2. Exposes the male genitals in a discernibly turgid state, even if fully and opaquely covered; 3. Touches, caresses, or fondles the genitals or female breast, whether clothed or unclothed with the intention of sexual arousal of one’s self or others; 4. Masturbates; or 5. Engages in sexual intercourse or sexual contact as those terms are defined in Chapter 9A.44 RCW. B. Body paint, body dye, tattoos, latex, tape, or any similar substance applied to the skin surface, any substance that can be washed off the skin, or any substance designed to simulate or by which by its nature simulates the appearance of the anatomical area beneath it, is not full and opaque covering within the meaning of this section. C. This section shall not be construed to prohibit: 1. The act of breastfeeding or expressing breast milk; 2. Classes, seminars, and lectures held for serious scientific or educational purposes; 3. Expressive conduct that is not obscene, subject to the time, place, and manner restrictions contained in Chapter 5.10 KCC or other law; 4. Conduct of licensed adult entertainers within adult entertainment dance studios operating pursuant to Chapter 5.10 KCC; 5. Conduct of licensed employees working in adult businesses operating pursuant to Chapter 5.10 KCC, provided the conduct is not exposed to a person under 18 years of age; or 88 Criminal Code Amendments 2015 State Legislative Session 6. Conduct of a child under 10 years of age. D. Lewd conduct is a misdemeanor. Sec. 9.02.810297. Facilitating lewd conduct.The owner, lessee, manager, operator, or other person in charge of a public place is guilty of facilitating lewd conduct if the person knowingly permits, encourages, or causes to be committed lewd conduct as defined in KCC 9.02.710296. Facilitating lewd conduct is a misdemeanor. Sec. 9.02.820300. Prostitution loitering. A. A person is guilty of prostitution loitering if he or she intentionally solicits, induces, entices, or procures another to commit the crime of prostitution or patronizing a prostitute. B. Among the circumstances which may be considered in determining whether the actor intentionally solicits, induces, entices, or procures another to commit the crime of prostitution or patronizing a prostitute are that he or she: 1. Repeatedly beckons to, stops, or attempts to stop passersby, or engages passersby in conversation; 2. Repeatedly stops or attempts to stop occupants of a motor vehicle or motorcycle by hailing, waiving, or beckoning to the occupants using words or conduct, or attempts to obtain the attention of the occupants by walking or otherwise conducting oneself in a sexual manner; 3. Circles or repeatedly returns to an area and repeatedly beckons to, contacts, or attempts to stop pedestrians; 4. Circles or repeatedly returns to an area known by the police as an area of prostitution; 5. Is a known prostitute, a person known to patronize prostitutes, or a person known to promote, permit, or advance prostitution; 89 Criminal Code Amendments 2015 State Legislative Session 6. Inquires whether another is a police officer, searches for articles that would identify a police officer, or exposes his or her genitals or her breasts, or requests the other to touch his or her genitals or her breasts to prove that the other is not a police officer; or 7. Utilizes Internet websites, publications or social media including but not limited to Backpage.com, Craigslist.com, or the Stranger to solicit, induce, entice, or procure another to commit the crime of prostitution or patronizing a prostitute. C. The crime of prostitution loitering may be deemed to have been committed either at the physical location where the loitering occurred or at the location where the person agrees to meet someone they solicit for acts of prostitution as defined in Chapter 9A.88 RCW. D. Prostitution loitering is a misdemeanor. Sec. 9.02.830310. Stay out of areas of prostitution orders. A.Findings. The high risk prostitution areas set forth in subsection (E) of this section are frequented by persons who seek out or provide prostitution services. These high risk prostitution areas attract prostitutes, persons who patronize prostitutes, and those who promote prostitution. Many of these areas extend beyond the jurisdiction of the city of Kent, and the problem is present in the surrounding cities of Federal Way, Des Moines, SeaTac, Tukwila, and Renton. These surrounding cities have enacted similar ordinances as a tool to combat the prostitution problem. Due to the volume of persons involved in the prostitution trade, adjacent private property owners suffer economic loss due to trash, human waste, and lost business. Community members suffer from traffic congestion and an increased risk to public health and safety. The high risk prostitution areas set forth in subsection (E) of this section suffer a much higher incidence of prostitution-related crimes than other areas of the city. 90 Criminal Code Amendments 2015 State Legislative Session B. Stay out of areas of prostitution orders, hereinafter known as “SOAP” orders, may be issued by the Kent municipal court to anyone charged with prostitution, permitting prostitution, prostitution loitering, or patronizing a prostitute under this chapter or Chapter 9A.88 RCW as a condition of pre-trial release. C. SOAP orders may be issued by the Kent municipal court to anyone convicted of prostitution, permitting prostitution, prostitution loitering, or patronizing a prostitute under this chapter or Chapter 9A.88 RCW as a condition of probation. D. Whenever a police officer shall have probable cause to believe that a person has received a SOAP order as a condition of pre-trial release or of probation and in the officer’s presence is seen violating or failing to comply with any requirement or restriction imposed by the court as a condition of such pre-trial release or probation, such officer may arrest the violator without warrant or other process for violation of the SOAP order and bring such person before the court issuing the order. E. The SOAP order shall warn the person named in the order to stay out of the following “high risk prostitution areas”: 1. Pacific Highway South from the south side of South 272nd Street to State Route 516 (also known as Kent-Des Moines Road), including all adjacent businesses. 2. 30th Avenue South from South 240th Street to State Route 516 (also known as Kent-Des Moines Road), including all adjacent businesses. 3. South 240th Street from the 2700 block through the 3200 block, including all adjacent businesses. 4. Central Avenue North/84th Avenue South from Novak Lane to South 222nd Street, including all adjacent businesses. 91 Criminal Code Amendments 2015 State Legislative Session 5. 83rd Avenue South from South 228th Street to South 224th Street, including all adjacent businesses. F. A person is deemed to have notice of the SOAP order when: 1. The signature of the person named in the order, or the signature of his or her attorney, is affixed to the bottom of the order, signifying that he or she has read the order and has knowledge of the contents of the order; or 2. The order recites that the person named in the order or the person’s attorney appeared in person before the court. G. The written SOAP order shall contain the court’s directives and shall bear the legend: “Violation of this order is a criminal offense under Ch. 9.02 KCC and will subject the violator to arrest.” H. Whenever a SOAP order is issued under this section, and the person named in the order knows of the order, a violation of the provisions of the order is a misdemeanor and shall be punishable by a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than ninety (90) days, or both such fine and imprisonment. I. Pursuant to Section 1(1)(b) of Engrossed Substitute House Bill 1362 (Laws of 2009, ch. 387 § 1), the high risk prostitution areas identified in subsection (E) of this section are the areas where vehicles are subject to impoundment for a suspected violation of patronizing a prostitute, promoting prostitution in the first degree, promoting prostitution in the second degree, promoting travel for prostitution, commercial sexual abuse of a minor, promoting commercial sexual abuse of a minor, or promoting travel for commercial sexual abuse of a minor. These high risk prostitution areas shall be identified by the placement of clear and conspicuous signs. Sec. 9.02.840320. Urinating in public. 92 Criminal Code Amendments 2015 State Legislative Session A. A person is guilty of urinating in public if the person intentionally urinates or defecates in a public place, other than a washroom or toilet room, under circumstances where such act could be observed by any member of the public. B. Any violation of the provisions of this section shall be an infraction, and any person found in violation shall be subject to a penalty not to exceed two hundred fifty dollars ($250). Sec. 9.02.850330. Possession of drug paraphernalia.It is unlawful for any person to possess drug paraphernalia, as defined in RCW 69.50.102. A person who violates this section shall be guilty of a misdemeanor. Sec. 9.02.860335. Contaminated property – Order of Seattle- King County department of public health prohibiting use or entry – Violation. A. Whenever an order is issued pursuant to RCW 64.44.030, as that law is now enacted or later amended or recodified, which restrains a person or the public from entering upon or using property, and that order is posted in a conspicuous place on the property, a violation of the provisions restraining use or entry shall be a gross misdemeanor punishable by imprisonment in jail for a maximum term fixed by the court of not more than one (1) year, or by a fine in an amount fixed by the court of not more than five thousand dollars ($5,000), or by both such imprisonment and fine. B. Whenever an order is issued pursuant to RCW 64.44.030, as that law is now enacted or later amended or recodified, which restrains a person or the public from entering upon or using property, and that order is posted in a conspicuous place on the property, the removal or damage of such order shall be a gross misdemeanor punishable by imprisonment in 93 Criminal Code Amendments 2015 State Legislative Session jail for a maximum term fixed by the court of not more than one (1) year, or by a fine in an amount fixed by the court of not more than five thousand dollars ($5,000), or by both such imprisonment and fine. Sec. 9.02.870340. Sale, manufacture, possession of certain weapons.Any person who sells, manufactures, purchases, possesses, or carries: 1. Any device commonly known as nunchuka sticks, consisting of two (2) or more lengths of wood, metal, plastic, or similar substance connected with wire, rope, or other means; or 2. Any device commonly known as throwing stars, which are multipointed, metal objects designed to embed upon impact from any aspect in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons; is guilty of a gross misdemeanor. Sec. 9.02.880350. Possession of firearms or dangerous weapons at Kent Commons – Unlawful. A. Subject to the exceptions set forth in subsections (B) and (C) of this section, it shall be unlawful for any person to possess a firearm; a dagger, sword, or knife with a blade in excess of three (3) inches; or any other weapon apparently capable of producing bodily harm, inside of the premises known as the Kent Commons located at 525 North Fourth Avenue in the city of Kent. B. The prohibition to possession of a firearm shall not apply to a person licensed to carry a concealed weapon pursuant to RCW 9.41.070 or a person exempted from the licensing requirement by RCW 9.41.060. C. This section shall not apply during shows, demonstrations, or lectures involving the exhibition of firearms or other weapons. 94 Criminal Code Amendments 2015 State Legislative Session D. For the purposes of this section, firearm means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder. E. This section shall only apply to those areas of the Kent Commons that are within the Kent Commons building or that are contained to an area adjacent to the building by a temporary barrier during use for an event hosted by the Kent Commons. F. A person who violates this section shall be guilty of a misdemeanor. Sec. 9.02.890360. Non-incendiary devices. A. For the purposes of this chapter, a non-incendiary device shall include, without limitation, any stink bomb, stink paint, tear bomb, tear shell, explosive, or flame-producing device, acid bomb, dry ice bomb, or any other device, material, chemical, or substance, that, when exploded, opened, used, or otherwise deployed does or will annoy, injure, endanger, or inconvenience any person or persons. B. Any person who shall: (1) deposit, leave, place, spray, scatter, spread, throw, or otherwise deploy in any building or any place; (2) counsel, aid, assist, encourage, incite, or direct any other person or persons to deposit, leave, place, spray, scatter, spread, throw, or otherwise deploy in any building or any place; (3) have in his or her possession for the purpose of depositing, leaving, placing, spraying, scattering, spreading, throwing, or otherwise deploying in any building or any place; (4) counsels, aids, assists, encourages, incites, or directs any other person or persons to deposit, leave, place, spray, scatter, spread, throw, or otherwise deploy in any building or any place; any non- incendiary device shall be guilty of a gross misdemeanor. 95 Criminal Code Amendments 2015 State Legislative Session C. Anyone who enhances any non-incendiary device by adding, either internally or externally, any additional material that would create greater damage by becoming fragmentation or shrapnel will be subject to a mandatory minimum penalty of ninety (90) days in jail that cannot be served on work release or electronic home monitoring. D. This section shall not apply to persons in the military service or commissioned law enforcement officers actually engaged in the performance of his or her duty or training or in the course of any training acting pursuant to orders from competent authority, nor shall this section apply to any property owner or person acting under his or her authority in providing protection against the commission of a felony. Sec. 9.02.900370. Hobby cannon fuse material – Sale transaction – Written record required. A. Every gun store, gun dealer, or gun show doing business in the city shall maintain a written record of any sale or exchange of fuse material used for the purpose of detonating hobby cannons. This record shall be in English and shall be written or electronically stored in an easily obtainable manner. The following information must be documented for each sale or exchange transaction: 1. The signature of the person with whom the transaction is made; 2. The date and time of the transaction; 3. The name of the person or employee or the identification number of the person or employee conducting the transaction; 4. The name, date of birth, sex, address, and telephone number of the person with whom the transaction is made; 5. The type of identification, including identifying number, used by the person with whom the transaction was made; and 6. The amount of cannon fuse purchased. 96 Criminal Code Amendments 2015 State Legislative Session B. The type of identification relied upon for the sale or exchange must consist of: 1. A valid driver’s license or identification card issued by any state; or 2. Two (2) pieces of identification issued by a governmental agency, one (1) of which shall be descriptive of the person identified. At all times, at least one (1) piece of current governmental identification will be required. C. This record shall at all times during the ordinary hours of business, or at reasonable times if ordinary hours of business are not kept, be open for inspection by any commissioned law enforcement officer. The person or entity who conducted the sale or exchange shall maintain these records for at least three (3) years following the date of the transaction. Sec. 9.02.910380. Violation of no contact order also contempt.The violation of any order issued by the Kent municipal court pursuant to Chapter 10.99 RCW shall also constitute contempt of court, and is subject to the penalties prescribed by law. Sec. 9.02.920390. Probation violations. A. For purposes of this section, the word probationer means any person who, after conviction of violation of an ordinance of the city or a law of the state, or after entry of a deferred prosecution, has been placed on probation in connection with a suspended sentence, deferred sentence, or deferred prosecution by either a district court, municipal court, or superior court. B. Whenever a police officer shall have probable cause to believe that a probationer, prior to the termination of his probation, is in such police officer’s presence and is violating or failing to comply with any requirement or restriction imposed by the court as a condition of such probation, the 97 Criminal Code Amendments 2015 State Legislative Session police officer may cause the probationer to be brought before the court wherein sentence was deferred or suspended and, for such purpose, the police officer may arrest such probationer without warrant or other process. Sec. 9.02.930400. Court costs – Jail medical costs. A. In addition to the penalties set forth in KCC 9.02.410, costs in all criminal actions may be imposed as authorized by law or court rule. B. As part of any judgment and sentence, the court may order a defendant to repay all or part of the medical costs incurred by the city or any medical care provider during confinement of the defendant. Any costs not paid by a defendant that are due and owing shall be collected by the court in the same manner that other costs are collected. Sec. 9.02.940 410. Violations – Penalty.Unless otherwise provided in this chapter, violation of any provision of this chapter shall be punishable by: 1.Gross misdemeanor. Every person convicted of a gross misdemeanor shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than one (1) year, or by a fine in an amount fixed by the court of not more than five thousand dollars ($5,000), or by both such imprisonment and fine. 2.Misdemeanor. Every person convicted of a misdemeanor shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than ninety (90) days, or by a fine in an amount fixed by the court of not more than one thousand dollars ($1,000), or by both such imprisonment and fine. SECTION 2.– Severability.If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such 98 Criminal Code Amendments 2015 State Legislative Session decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3.– Corrections by City Clerk or Code Reviser.Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 4.– Effective Date.This ordinance shall take effect and be in force thirty (30) days from and after its passage, as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 99 Criminal Code Amendments 2015 State Legislative Session PASSED: day of , 2016. APPROVED: day of , 2016. PUBLISHED: day of , 2016. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK P:\Civil\Ordinance\9.02 Amendments 2015 LegislativeSession.docx This page intentionally left blank. Agenda Item: Consent Calendar – 7K_ TO: City Council DATE: April 19, 2016 SUBJECT: Ordinance Amending Ch. 9.36 Kent City Code – “Traffic Code” – Adopt SUMMARY: Under the authority provided for by RCW 49.90.010, the state Department of Licensing has adopted a Model Traffic Ordinance (MTO), which is available to any local authority that wishes to adopt it for application and enforcement within its jurisdictional boundaries. An MTO is beneficial as it encourages highway safety and uniform traffic laws from jurisdiction to jurisdiction. The city of Kent first adopted the MTO in the 1990s. Through that adoption, the Kent City Council provided that the MTO, as enacted at that time and as amended from time to time, was applicable and enforceable within the city of Kent. The MTO was most recently updated by the state Department of Licensing on November 30, 2015. That update incorporated state statutes into the MTO that the city of Kent had previously adopted into the Kent City Code (“KCC”) through its adoption and amendment of KCC 9.36.015. For that reason, it is no longer necessary for the city to maintain its duplicative adoption of these statutes, and this proposed ordinance deletes those references. While the MTO and the city code both provide that it is not necessary to adopt subsequent amendments of the MTO for those amendments to be applicable and enforceable, it makes sense to update that adoption given the amendment that is needed to KCC 9.36.015. A further amendment to KCC 9.36.015 is proposed to clarify that all state laws enacted or amended concerning traffic infractions or offenses, and prior to their inclusion or adoption into the MTO, are specifically adopted for application and enforcement within the jurisdictional boundaries of the city of Kent. EXHIBITS: Ordinance RECOMMENDED BY: Public Safety Committee YEA: Berrios, Ralph, Thomas NAY: BUDGET IMPACTS: None MOTION: Adopt Ordinance No. , amending sections 9.36.010 and 9.36.015 of the Kent City Code to adopt the current version of the Model Traffic Ordinance; to repeal the City’s separate adoption of state statutes now included in the Model Traffic Ordinance; and to make other revisions for clarity. This page intentionally left blank. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending sections 9.36.010 and 9.36.015 of the Kent City Code to: (i) adopt the current version of the Washington Model Traffic Ordinance, (ii) repeal the City’s separate adoption of state statutes that have now been incorporated into the Model Traffic Ordinance, and (iii) clarify that all traffic infractions and traffic offenses adopted by the state Legislature and in effect prior to their inclusion in the Model Traffic Ordinance are adopted by reference for application and enforcement within the city of Kent. RECITALS A. Through the authority provided for by RCW 49.90.010, the state Department of Licensing, in consultation with the Washington State Patrol and the Traffic Safety Commission, has adopted a Model Traffic Ordinance, which is available to any local authority who wishes to adopt it for application and enforcement within its jurisdictional boundaries. B. A Model Traffic Ordinance is beneficial in that it encourages highway safety and uniform traffic laws from jurisdiction to jurisdiction. The city of Kent first adopted the Model Traffic Ordinance in the 1990s. Through that adoption, the Kent City Council provided that the Model Traffic Ordinance, as enacted at that time and as thereafter amended from time to time, was applicable and enforceable within the city of Kent. 1 Amend Traffic Code—Ch. 9.36 KCC C. The Model Traffic Ordinance was most recently updated by the state Department of Licensing on November 30, 2015. That update incorporated state statutes into the Model Traffic Ordinance that the city of Kent had previously adopted into the Kent City Code (“KCC”) through its adoption and amendment of KCC 9.36.015. For that reason, it is no longer necessary for the city of Kent to maintain its duplicative adoption of these statutes. D. While the Model Traffic Ordinance and the Kent City Code both provide that it is not necessary for Kent to adopt subsequent amendments of the Model Traffic Ordinance for those amendments to be applicable and enforceable in Kent, it makes sense to update that adoption given the amendment that is needed to KCC 9.36.015. A further amendment to KCC 9.36.015 is provided to clarify that all state laws enacted or amended concerning traffic infractions or offenses, and prior to their inclusion or adoption into the Model Traffic Ordinance, are specifically adopted for application and enforcement within the jurisdictional boundaries of the city of Kent. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Amendment – KCC 9.36.010. Section 9.36.010 of the Kent City Code relating to the City’s Traffic Code and entitled “Adopting ordinance,” is amended as follows: Sec. 9.36.010. Adopting ordinance. Pursuant to RCW 46.90.010, the Washington Model Traffic Ordinance (MTO) as set forth in Chapter 308-330 WAC, attached as Exhibit A to Ordinance No. ______,1 is hereby adopted by reference as currently enacted and as hereinafter 1 Code reviser to insert the number assigned to this ordinance by the City Clerk at the time this ordinance is passed by the City Council. 2 Amend Traffic Code—Ch. 9.36 KCC amended or recodified from time to time, and shall be given the same force and effect as if set forth herein in full. The MTO, in conjunction with the other provisions of Ch. 9.36 KCC, shall constitute the traffic ordinance of the city of Kent. As provided for in the MTO, the addition of any new section to, or amendment or repeal of any section in, the MTO shall be deemed to amend the traffic ordinance of the city of Kent, and it shall not be necessary for the Kent City Council to take any action with respect to such addition, amendment, or repeal. A copy of the MTO adopted by reference for application and enforcement within the city limits of Kent is available online for public viewing through the Washington State Legislature’s website at: http://app.leg.wa.gov/wac/. Physical copies of these statutes are also maintained by the City Clerk and available for public inspection during the regular business hours of the City Clerk’s Office. A copy of the MTO shall be authenticated and recorded by the city clerk along with this adopting ordinance for examination by the public. SECTION 2. – Amendment – KCC 9.36.015. Section 9.36.015 of the Kent City Code relating to the City’s Traffic Code and entitled “Driving regulations,” is amended as follows: Sec. 9.36.015. Driving regulations. All RCW sections that constitute traffic infractions or traffic offenses, and the RCW sections necessary for the investigation, citation, prosecution, enforcement, and adjudication of those traffic infractions or traffic offenses, or necessary to define or interpret terms used therein, that are enacted, amended, repealed, or recodified by the state Legislature, after the Department of Licensing’s last update of the MTO and prior to the Department of Licensing’s next update of the MTO, are hereby adopted by reference as they are enacted or as they are amended, repealed, or recodified from time to time, and shall be given the same force and effect as if set forth herein in full. The following sections of Chapters 46.20 and 46.61 RCW are 3 Amend Traffic Code—Ch. 9.36 KCC hereby adopted by reference as currently enacted and as may be amended from time to time, and shall be given the same force and effect as if set forth herein in full. RCW 46.20.005 Driving without a license – Misdemeanor, when. 46.20.015 Driving without a license – Traffic infraction, when. 46.20.270 Conviction of offense requiring withholding driving privilege – Procedures – Definitions. 46.20.720 Ignition interlocks, biological technical devices – Drivers convicted of alcohol offenses. 46.20.730 Ignition interlock device – Other biological or technical device – Definitions. 46.61.5249 Negligent driving – First degree. SECTION 3. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 5. – Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK 4 Amend Traffic Code—Ch. 9.36 KCC APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2016. APPROVED: day of , 2016. PUBLISHED: day of , 2016. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK P:\Civil\Ordinance\9.36 Traffic Code Update-2015.docx 5 Amend Traffic Code—Ch. 9.36 KCC EXHIBIT A Chapter 9.36 KCC – Traffic Code 1 of 29 Chapter 308-330 WAC Last Update: 11/30/15 WASHINGTON MODEL TRAFFIC ORDINANCE WAC Sections 308-330-005 Purpose of this chapter. 308-330-010 Amendments to this chapter automatically included. 308-330-030 Uniformity in application. 308-330-100 Chapter 46.04 RCW (Definitions) adopted by reference. 308-330-109 Bus. 308-330-112 Bus stop. 308-330-115 City. 308-330-118 Demolish. 308-330-127 Holidays. 308-330-133 Loading zone. 308-330-136 Official time standard. 308-330-139 Ordinance. 308-330-142 Parking meter. 308-330-145 Parking meter space. 308-330-148 Parking meter zone. 308-330-151 Passenger loading zone. 308-330-154 Planting strip. 308-330-157 Police or police officer. 308-330-160 Police chief or chief of police. 308-330-163 Police department. 308-330-169 School bus zone. 308-330-172 Service parking. 308-330-175 Street. 308-330-178 Taxicab. 308-330-181 Taxicab stand. 308-330-184 Tow truck operator. 308-330-187 Traffic division. 308-330-190 U-turn. 308-330-195 RCW sections adopted—Livestock. 308-330-197 RCW sections adopted—Off-road and nonhighway vehicles. 308-330-200 RCW sections adopted—Snowmobiles. 308-330-205 Public employees to obey traffic regulations. 308-330-210 Police administration. 308-330-215 Duty of traffic division. 308-330-220 Authority of police and fire department officials. 308-330-225 Records of traffic violations. 308-330-230 Traffic division to investigate accidents. 308-330-235 Traffic accident studies. 308-330-240 Traffic accident reports. 308-330-245 Traffic division to submit annual traffic safety report. 308-330-250 Police department to administer bicycle licenses. 308-330-255 Police department to regulate parking meters. 308-330-260 Traffic engineer. 308-330-265 Traffic engineer—Authority. 308-330-270 Local authority—Authority. 2 of 29 308-330-275 Traffic safety commission—Powers and duties. 308-330-300 RCW sections adopted—Certificates of ownership and registrations. 308-330-305 RCW sections adopted—Vehicle licenses. 308-330-307 RCW sections adopted—Driver licenses and identicards. 308-330-309 RCW sections adopted—Uniform Commercial Driver's License Act. 308-330-310 RCW sections adopted—Financial responsibility. 308-330-312 RCW sections adopted—Mandatory liability insurance. 308-330-314 RCW sections adopted—Vehicle inspection. 308-330-316 RCW sections adopted—Vehicle lighting and other equipment. 308-330-320 RCW sections adopted—Size, weight, load. 308-330-322 RCW sections adopted—Transportation of hazardous materials. 308-330-325 RCW sections adopted—Accidents, reports. 308-330-327 RCW sections adopted—Hulk haulers and scrap processors. 308-330-330 RCW sections adopted—Motor vehicle wreckers. 308-330-360 Owner of record presumed liable for costs when vehicle abandoned—Exception. 308-330-365 Contract with registered disposer to dispose of vehicles and hulks—Compliance required. 308-330-370 Stolen and abandoned vehicles—Reports of—Recovery, report required, penalty—Disposition. 308-330-400 Provisions of chapter refer to vehicles upon highway—Exception. 308-330-403 Required obedience to traffic ordinance. 308-330-406 RCW sections adopted—Abandoned, unauthorized, and junk vehicle tow truck operators. 308-330-408 RCW sections adopted—Traffic laws, signs, signals, markings. 308-330-409 Traffic control devices required—Stopping, standing, and parking. 308-330-412 Crossing new pavement and markings. 308-330-415 RCW sections adopted—Right of way. 308-330-421 RCW sections adopted—Turning, starting and stopping. 308-330-423 RCW sections adopted—Speed restrictions. 308-330-425 RCW sections adopted—Reckless driving, negligent driving, vehicular homicide and assault. 308-330-430 Obedience to angle-parking signs or markings. 308-330-433 Parking not to obstruct traffic. 308-330-436 Parking for certain purposes unlawful. 308-330-439 Standing in passenger loading zone. 308-330-442 Standing in loading zone. 308-330-445 Standing in a tow-away zone. 308-330-448 Violating permits for loading or unloading at an angle to the curb. 308-330-451 Standing or parking on one-way roadways. 308-330-454 Stopping, standing, and parking of buses and taxicabs regulated. 308-330-457 Restricted use of bus stops and taxicab stands. 308-330-460 Right of way for parking. 308-330-462 RCW sections adopted—Stopping, standing, and parking. 308-330-464 RCW sections adopted—Operation and restrictions. 308-330-466 Funeral processions. 308-330-469 When permits required for parades and processions. 308-330-472 Interfering with processions. 308-330-475 Boarding or alighting from vehicles. 308-330-478 Unlawful riding. 308-330-481 RCW sections adopted—Operation of nonmotorized vehicles. 308-330-500 Bicycle license required. 308-330-505 Bicycle license application. 308-330-510 Issuance of bicycle license. 308-330-515 Attachment of bicycle license plate or decal. 308-330-520 Inspection of bicycles. 3 of 29 308-330-525 Renewal of bicycle license. 308-330-530 Bicycle transfer of ownership. 308-330-535 Bicycle rental agencies. 308-330-540 Bicycle dealers. 308-330-545 Bicycles—Obedience to traffic control devices. 308-330-550 Bicycles—Parking. 308-330-555 Bicycles—Riding on sidewalks. 308-330-560 Bicycles—Penalties. 308-330-565 Unclaimed bicycles. 308-330-600 Parking meter spaces. 308-330-610 Parking meters—Deposit of coins and time limits. 308-330-620 Parking meters—Use of slugs prohibited. 308-330-630 Tampering with parking meter. 308-330-640 Parking meters—Rule of evidence. 308-330-650 Parking meters—Application of proceeds. 308-330-660 Service parking. 308-330-700 RCW sections adopted—Disposition of traffic infractions. 308-330-705 RCW sections adopted—Enforcement. 308-330-710 Penalties. 308-330-720 Citation on illegally parked vehicle. 308-330-730 Failure to comply with traffic citation attached to parked vehicle. 308-330-740 Presumption in reference to illegal parking. 308-330-800 RCW sections adopted—Traffic control devices. 308-330-810 RCW sections adopted—Limited access facilities. 308-330-815 RCW sections adopted—Alcoholic beverage control. 308-330-820 RCW sections adopted—Guide and service dogs. 308-330-825 RCW sections adopted—Littering. 308-330-910 Uniformity of interpretation. DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS CHAPTER 308-330-121 Department. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-121, filed 12/13/93, effective 7/1/94.] Repealed by WSR 97-10-068, filed 5/5/97, effective 6/5/97. Statutory Authority: RCW 46.90.010. 308-330-123 Director. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-123, filed 12/13/93, effective 7/1/94.] Repealed by WSR 97-10-068, filed 5/5/97, effective 6/5/97. Statutory Authority: RCW 46.90.010. 308-330-329 RCW sections adopted—Rental car businesses. [Statutory Authority: RCW 46.90.010. WSR 94-01- 082, § 308-330-329, filed 12/13/93, effective 7/1/94.] Repealed by WSR 97-10-068, filed 5/5/97, effective 6/5/97. Statutory Authority: RCW 46.90.010. 308-330-375 Disposition of abandoned junk motor vehicles. [Statutory Authority: RCW 46.90.010. WSR 94-01- 082, § 308-330-375, filed 12/13/93, effective 7/1/94.] Repealed by WSR 97-10-068, filed 5/5/97, effective 6/5/97. Statutory Authority: RCW 46.90.010. 308-330-005 Purpose of this chapter. The purpose of this chapter is to encourage highway safety and uniform traffic laws by authorizing the department of licensing to adopt a comprehensive compilation of sound, uniform traffic laws to serve as a guide which local authorities may adopt by reference or any part thereof, including all future amendments or additions thereto. Any local authority which adopts this chapter by reference may at any time exclude any section or sections from this chapter which it does not desire to include in its local traffic ordinance. This chapter is not 4 of 29 intended to deny any local authority its legislative power, but rather to enhance safe and efficient movement of traffic throughout the state by having current, uniform traffic laws available. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-005, filed 12/13/93, effective 7/1/94.] 308-330-010 Amendments to this chapter automatically included. The addition of any new section to, or amendment or repeal of any section in, this chapter shall be deemed to amend any city, town, or county ordinance which has adopted by reference to this chapter or any part thereof, and it shall not be necessary for the legislative authority of any city, town, or county to take any action with respect to such addition, amendment, or repeal notwithstanding the provisions of RCW 35.21.180,35A.12.140, 35A.13.180, and 36.32.120(7). [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-010, filed 12/13/93, effective 7/1/94.] 308-330-030 Uniformity in application. The provisions of this chapter relating to the operation of vehicles shall be applicable and uniform upon all persons operating vehicles upon the public highways of this state, except as otherwise specifically provided. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-030, filed 12/13/93, effective 7/1/94.] 308-330-100 Chapter 46.04 RCW (Definitions) adopted by reference. All sections of chapter 46.04 RCW as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-100, filed 12/13/93, effective 7/1/94.] 308-330-109 Bus. "Bus" means every motor vehicle designed for carrying more than ten passengers and used for transportation of persons, and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-109, filed 12/13/93, effective 7/1/94.] 308-330-112 Bus stop. "Bus stop" means a fixed portion of the highway parallel and adjacent to the curb to be reserved exclusively for buses for layover in operating schedules or while waiting for, loading, or unloading passengers: Provided, That such bus provides regularly scheduled service within the jurisdiction of the local authority. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-112, filed 12/13/93, effective 7/1/94.] 308-330-115 City. "City" means every incorporated city and town. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-115, filed 12/13/93, effective 7/1/94.] 5 of 29 308-330-118 Demolish. "Demolish" means to destroy completely by use of a hydraulic baler and shears, or a shredder. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-118, filed 12/13/93, effective 7/1/94.] 308-330-127 Holidays. "Holidays" include the first day of January, commonly called New Year's Day; the third Monday in January, commonly called Martin Luther King Jr. day; the third Monday of February, being celebrated as the anniversary of the birth of George Washington; the thirtieth day of May, commonly known as Memorial Day; the fourth day of July, being the anniversary of the Declaration of Independence; the first Monday in September, to be known as Labor Day; the fourth Thursday in November, to be known as Thanksgiving Day; the twenty-fifth day of December, commonly called Christmas Day; and any other day specified by ordinance by the local authority to be a holiday. Whenever any holiday falls upon a Sunday, the following Monday shall be a holiday. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-127, filed 12/13/93, effective 7/1/94.] 308-330-133 Loading zone. "Loading zone" means a space reserved for the exclusive use of vehicles during the loading or unloading of property or passengers. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-133, filed 12/13/93, effective 7/1/94.] 308-330-136 Official time standard. "Official time standard" means, whenever certain hours are named, standard time or daylight saving time as may be in current use within the jurisdiction of the local authority. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-136, filed 12/13/93, effective 7/1/94.] 308-330-139 Ordinance. "Ordinance" means a city or town ordinance or a county ordinance or resolution. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-139, filed 12/13/93, effective 7/1/94.] 308-330-142 Parking meter. "Parking meter" means any mechanical device or meter placed or erected adjacent to a parking meter space, for the purpose of regulating or controlling the period of time of occupancy of such parking meter space by any vehicle. Each parking meter installed shall indicate by proper legend the legal parking time and when operated shall at all times indicate the balance of legal parking time, and at the expiration of such period shall indicate illegal or overtime parking. Each meter shall bear a legend indicating the days and hours when the requirement to deposit coins therein shall apply, the value of the coins to be deposited, and the limited period of time for which parking is lawfully permitted in the parking meter space in which such meter is located. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-142, filed 12/13/93, effective 7/1/94.] 6 of 29 308-330-145 Parking meter space. "Parking meter space" means any space within a parking meter zone, adjacent to a parking meter and which is duly designated for the parking of a single vehicle by appropriate markings on the pavement and/or the curb. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-145, filed 12/13/93, effective 7/1/94.] 308-330-148 Parking meter zone. "Parking meter zone" means any highway or part thereof or any off-street parking lot on which parking meters are installed and in operation. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-148, filed 12/13/93, effective 7/1/94.] 308-330-151 Passenger loading zone. "Passenger loading zone" means a place reserved for the exclusive use of vehicles while receiving or discharging passengers. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-151, filed 12/13/93, effective 7/1/94.] 308-330-154 Planting strip. "Planting strip" means that portion of a highway lying between the constructed curb, or edge of the roadway, and the property line exclusive of the sidewalk area. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-154, filed 12/13/93, effective 7/1/94.] 308-330-157 Police or police officer. "Police or police officer" includes, in addition to the meaning in RCW 46.04.391, the police officers of a city, a town, marshal, or the sheriff and his/her deputies of a county whichever is applicable, but when the term sheriff is used in this chapter, it shall only mean the sheriff. [Statutory Authority: RCW 46.90.010. WSR 94-23-029, § 308-330-157, filed 11/8/94, effective 12/9/94; WSR 94-01-082, § 308-330-157, filed 12/13/93, effective 7/1/94.] 308-330-160 Police chief or chief of police. "Police chief or chief of police" includes the police chief or chief police officer of a city, a town marshal, or the sheriff of a county, whichever is applicable, but when the term sheriff is used in this chapter, it shall only mean the sheriff. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-160, filed 12/13/93, effective 7/1/94.] 308-330-163 Police department. "Police department" includes the police department of a city or town or the sheriff's office of a county whichever is applicable, but when the term sheriff is used in this chapter, it shall only mean the sheriff. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-163, filed 12/13/93, effective 7/1/94.] 7 of 29 308-330-169 School bus zone. "School bus zone" means a designated portion of the highway along the curb reserved for loading and unloading school buses during designated hours. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-169, filed 12/13/93, effective 7/1/94.] 308-330-172 Service parking. "Service parking" means the use of a parking meter space while rendering service in cleaning, painting, adjusting, or making minor repairs or replacements in or to buildings or building equipment or to public utilities. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-172, filed 12/13/93, effective 7/1/94.] 308-330-175 Street. "Street" means a "city street." [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-175, filed 12/13/93, effective 7/1/94.] 308-330-178 Taxicab. "Taxicab" means a motor vehicle for hire used for the transportation of persons for compensation, and not operated exclusively over a fixed route or between fixed termini. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-178, filed 12/13/93, effective 7/1/94.] 308-330-181 Taxicab stand. "Taxicab stand" means a fixed portion of a highway set aside for taxicabs to stand or wait for passengers. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-181, filed 12/13/93, effective 7/1/94.] 308-330-184 Tow truck operator. "Tow truck operator" means a person, firm, partnership, association, or corporation which, in its course of business, provides towing services for vehicles and automobile hulks. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-184, filed 12/13/93, effective 7/1/94.] 308-330-187 Traffic division. "Traffic division" means the traffic division of the police department of the local authority, or in the event a traffic division is not established, then said term whenever used in this chapter shall be deemed to refer to the police department of the local authority. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-187, filed 12/13/93, effective 7/1/94.] 8 of 29 308-330-190 U-turn. "U-turn" means turning a vehicle so as to proceed in the opposite direction on the same roadway. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-190, filed 12/13/93, effective 7/1/94.] 308-330-195 RCW sections adopted—Livestock. The following sections of the Revised Code of Washington (RCW) pertaining to livestock on highway right of way as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 16.24.065, and 16.24.070. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-195, filed 12/13/93, effective 7/1/94.] 308-330-197 RCW sections adopted—Off-road and nonhighway vehicles. The following sections of the Revised Code of Washington (RCW) pertaining to off road and nonhighway vehicles as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.09.310,46.09.330,46.09.350,46.09.360,46.09.420, 46.09.440,46.09.442,46.09.444,46.09.450,46.09.455,46.09.457,46.09.460,46.09.470,46.09.480,46.09.485, and 46.09.490. [Statutory Authority: RCW 46.90.010. WSR 15-24-085, § 308-330-197, filed 11/30/15, effective 12/31/15; WSR 13-21- 026, § 308-330-197, filed 10/8/13, effective 11/8/13; WSR 11-20-041, § 308-330-197, filed 9/28/11, effective 10/29/11; WSR 10-18-058, § 308-330-197, filed 8/30/10, effective 9/30/10; WSR 04-18-061, § 308-330-197, filed 8/27/04, effective 9/27/04; WSR 97-10-068, § 308-330-197, filed 5/5/97, effective 6/5/97; WSR 94-23-029, § 308-330-197, filed 11/8/94, effective 12/9/94; WSR 94-01-082, § 308-330-197, filed 12/13/93, effective 7/1/94.] 308-330-200 RCW sections adopted—Snowmobiles. The following sections of the Revised Code of Washington (RCW) pertaining to snowmobiles as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.10.300,46.10.310,46.10.330,46.10.460,46.10.470,46.10.480, 46.10.490,46.10.495, and 46.10.500. [Statutory Authority: RCW 46.90.010. WSR 15-24-085, § 308-330-200, filed 11/30/15, effective 12/31/15; WSR 11-20- 041, § 308-330-200, filed 9/28/11, effective 10/29/11; WSR 97-10-068, § 308-330-200, filed 5/5/97, effective 6/5/97; WSR 94-01-082, § 308-330-200, filed 12/13/93, effective 7/1/94.] 308-330-205 Public employees to obey traffic regulations. The provisions of this chapter shall apply to the drivers of all vehicles owned or operated by the United States, the state, or any county, city, town, district, or any other political subdivision of the state, subject to such specific exceptions as are set forth in this chapter. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-205, filed 12/13/93, effective 7/1/94.] 308-330-210 Police administration. There is established in the police department of the local authority a traffic division to be under the control of a police officer appointed by, and directly responsible to, the chief of police. 9 of 29 [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-210, filed 12/13/93, effective 7/1/94.] 308-330-215 Duty of traffic division. It shall be the duty of the traffic division with such aid as may be rendered by other members of the police department to enforce the traffic regulations of the local authority, to make arrests for traffic violations, to investigate accidents and to cooperate with the traffic engineer and other officers of the local authority in the administration of the traffic laws and in developing ways and means to improve traffic conditions, and to carry out those duties specially imposed upon the said division by this chapter and the traffic ordinances of the local authority. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-215, filed 12/13/93, effective 7/1/94.] 308-330-220 Authority of police and fire department officials. (1) Officers of the police department or such officers as are assigned by the chief of police are authorized to direct all traffic by voice, hand, or signal in conformance with law: Provided, That in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police department may direct traffic as conditions may require notwithstanding the provisions of law. (2) Officers of the fire department, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-220, filed 12/13/93, effective 7/1/94.] 308-330-225 Records of traffic violations. (1) The police department or the traffic division thereof shall keep a record of all violations of the traffic ordinances of the local authority or of the state motor vehicle laws of which any person has been charged, with the exception of illegal parking or standing violations, together with a record of the final disposition of all such alleged offenses. Such records shall be so maintained as to show all types of violations and the total of each. Such records shall accumulate during at least a five-year period, and from that time on the records shall be maintained complete for at least the most recent five-year period. (2) All forms for records of violations and notices of violations shall be serially numbered. For each month and year a written record of all such forms shall be kept. (3) Records and reports concerning a person shall be available upon request only to that particular person requesting such record or report concerning himself, or the legal guardian thereof, the parent of a minor, or any authorized representative of such interested party, or the attorney or insurer thereof. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-225, filed 12/13/93, effective 7/1/94.] 308-330-230 Traffic division to investigate accidents. It shall be the duty of the traffic division, assisted by other members of the police department, to investigate traffic accidents, to arrest, and to assist in the prosecution of those persons charged with violations of law causing or contributing to such accidents. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-230, filed 12/13/93, effective 7/1/94.] 10 of 29 308-330-235 Traffic accident studies. Whenever the accidents at any particular location become numerous, the traffic division shall cooperate with the traffic engineer in conducting studies of such accidents and in determining remedial measures. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-235, filed 12/13/93, effective 7/1/94.] 308-330-240 Traffic accident reports. The traffic division shall maintain a suitable system of filing traffic accident reports. Accident reports or cards referring to them shall be filed alphabetically by location. Such reports shall be available for the use and the information of the traffic engineer. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-240, filed 12/13/93, effective 7/1/94.] 308-330-245 Traffic division to submit annual traffic safety report. The traffic division shall annually prepare a traffic report which shall be filed with the appointing authority of the local authority. Such report shall contain information on traffic matters in the local authority as follows: (1) The number of traffic accidents, the number of persons killed, the number of persons injured, and other pertinent traffic accident data; (2) The number of traffic accidents investigated and other pertinent data on the safety activities of the police; (3) The plans and recommendations of the division for future traffic safety activities. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-245, filed 12/13/93, effective 7/1/94.] 308-330-250 Police department to administer bicycle licenses. The police department or some other office or department designated by the local authority shall administer the bicycle license regulations required by this chapter. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-250, filed 12/13/93, effective 7/1/94.] 308-330-255 Police department to regulate parking meters. The police department shall be responsible for the regulation, control, operation, and use of parking meters installed in all parking meter zones. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-255, filed 12/13/93, effective 7/1/94.] 308-330-260 Traffic engineer. (1) The office of traffic engineer is established: Provided, That if there is no traffic engineer, then the engineer of the local authority shall serve as traffic engineer in addition to his/her other functions, and shall exercise the powers and duties with respect to traffic as provided in this chapter: Provided further, That if there is no engineer in the local authority, then the appointing authority shall designate a person to exercise such powers and duties. (2) It shall be the general duty of the traffic engineer to determine the installation and maintenance of traffic control devices, to conduct engineering analysis of traffic accidents and to devise remedial measures, to conduct engineering investigations of traffic conditions, to plan the operation of traffic on the highways of the local 11 of 29 authority, to cooperate with other officials in the development of ways and means to improve traffic conditions, and to carry out the additional powers and duties imposed by any ordinances of the local authority. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-260, filed 12/13/93, effective 7/1/94.] 308-330-265 Traffic engineer—Authority. The traffic engineer is authorized: (1) To place and maintain official traffic control devices when and as required under the traffic ordinances or resolutions of the local authority to make effective the provisions of said ordinances or resolutions, and may place and maintain such additional official traffic control devices as he/she may deem necessary to regulate, warn, or guide traffic under the traffic ordinances or resolutions of the local authority; (2) To place and maintain official traffic control devices as he/she may deem necessary to regulate, warn, or guide traffic for construction, detours, emergencies, and special conditions; (3) To designate and maintain, by appropriate devices, marks, or lines upon the surface of the roadway, crosswalks at intersections where in his/her opinion there is particular danger to pedestrians crossing the roadway, and in such other places as he/she may deem necessary; (4) To establish safety zones of such kind and character and at such places as he/she may deem necessary for the protection of pedestrians; (5) To mark traffic lanes upon the roadway of any highway where a regular alignment of traffic is necessary; (6) To regulate the timing of traffic signals so as to permit the movement of traffic in an orderly and safe manner; (7) To place official traffic control devices within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections, in accordance with the provisions of this chapter, and such course to be traveled as so indicated may conform to or be other than as prescribed by law; (8) To determine those intersections at which drivers of vehicles shall not make a right, left, or U-turn, and shall place proper signs at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs or they may be removed when such turns are permitted; (9) To erect and maintain stop signs, yield signs, or other official traffic control devices to designate arterial highways or to designate intersection or other roadway junctions at which vehicular traffic on one or more of the roadways shall yield or stop and yield before entering the intersection or junction, except as provided in RCW 46.61.195; (10) To issue special permits to authorize the backing of a vehicle to the curb for the purpose of loading or unloading property subject to the terms and conditions of such permit. Such permits may be issued either to the owner or lessee of real property alongside the curb or to the owner of the vehicle and shall grant to such person the privilege as therein stated and authorized by this section; (11) To erect signs indicating no parking upon both sides of a highway when the width of the improved roadway does not exceed twenty feet, or upon one side of a highway as indicated by such signs when the width of the improved roadway is between twenty and twenty-eight feet; (12) To determine when standing or parking may be permitted upon the left-hand side of any roadway when the highway includes two or more separate roadways and traffic is restricted to one direction upon any such roadway and to erect signs giving notice thereof; (13) To determine and designate by proper signs places not exceeding one hundred feet in length in which the stopping, standing, or parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic; (14) To determine the location of loading zones, passenger loading zones, and tow-away zones and shall place and maintain appropriate signs or curb markings supplemented with the appropriate words stenciled on the curb indicating the same and stating the hours during which the provisions of this chapter are applicable; 12 of 29 (15) To establish bus stops, bus stands, taxicab stands, and stands for other for hire vehicles on such highways in such places and in such number as he/she shall determine to be of the greatest benefit and convenience to the public, and every such bus stop, bus stand, taxicab stand, or other stand shall be designated by appropriate signs or by curb markings supplemented with the appropriate words stenciled on the curb; (16) To erect and maintain official traffic control devices on any highway or part thereof to impose gross weight limits on the basis of an engineering and traffic investigation; (17) To erect and maintain official traffic control devices on any highway or part thereof to prohibit the operation of trucks exceeding ten thousand pounds gross weight on the basis of an engineering and traffic investigation: Provided, That such devices shall not prohibit necessary local operation on such highways for the purpose of making a pickup or delivery; (18) To erect and maintain official traffic control devices on any highway or part thereof to impose vehicle size restrictions on the basis of an engineering and traffic investigation; (19) To determine and designate those heavily traveled highways upon which shall be prohibited any class or kind of traffic which is found to be incompatible with the normal and safe movement of traffic on the basis of an engineering and traffic investigation and shall erect appropriate official traffic control devices giving notice thereof; (20) To install parking meters in the established parking meter zones upon the curb adjacent to each designated parking space; (21) To designate the parking space adjacent to each parking meter for which such meter is to be used by appropriate markings upon the curb and/or the pavement of the highway; (22) To post appropriate signs making it unlawful for pedestrians to cross highways in certain crosswalks when such crossing would endanger either pedestrian or vehicular traffic using the highway; (23) To test new or proposed traffic control devices under actual conditions of traffic. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-265, filed 12/13/93, effective 7/1/94.] 308-330-270 Local authority—Authority. After an engineering and traffic investigation by the traffic engineer, the local authority may by resolution: (1) Decrease maximum speed limits pursuant to RCW 46.61.415; (2) Increase maximum speed limits pursuant to RCW 46.61.415; (3) Determine and declare the maximum speed limits on arterial highways pursuant to RCW 46.61.415; (4) Determine and declare upon what highways angle parking shall be permitted pursuant to RCW 46.61.575(3); (5) Prohibit, regulate, or limit, stopping, standing, or parking of vehicles on any highway at all times or during such times as shall be indicated by official traffic control devices; (6) Determine and declare parking meter zones upon those highways or parts thereof where the installation of parking meters will be necessary to regulate parking; (7) Close any highway or part thereof temporarily to any or all traffic; (8) Determine and declare one-way highways pursuant to RCW 46.61.135; (9) Determine and declare arterial highways pursuant to RCW 46.61.195 and 46.61.435. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-270, filed 12/13/93, effective 7/1/94.] 308-330-275 Traffic safety commission—Powers and duties. (1) There is established a traffic safety commission to serve without compensation, consisting of the traffic engineer, the chief of police, or, in his/her discretion as his/her representative, the chief of the traffic division or other cognizant member of the police department, one representative each from the engineer's office and the attorney's office, and such number of other officers of the local authority and representatives of unofficial 13 of 29 bodies as may be determined and appointed by the appointing authority of the local authority. The chair of the commission shall be appointed by such appointing authority and may be removed by such authority. (2) It shall be the duty of the traffic safety commission, and to this end it shall have authority within the limits of the funds at its disposal, to coordinate traffic activities, to supervise the preparation and publication of traffic reports, to receive complaints having to do with traffic matters, and to recommend to the legislative body of the local authority and to the traffic engineer, the chief of the traffic division, and other officials, ways and means for improving traffic conditions and the administration and enforcement of traffic regulations. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-275, filed 12/13/93, effective 7/1/94.] 308-330-300 RCW sections adopted—Certificates of ownership and registration[s]. The following sections of the Revised Code of Washington (RCW) pertaining to vehicle certificates of ownership and registrations as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.12.550,46.12.590, 46.12.600,46.12.635,46.12.650,46.12.655,46.12.660,46.12.720,46.12.725,46.12.730,46.12.735,46.12.740, 46.12.745,46.12.750, and 46.12.755. [Statutory Authority: RCW 46.90.010. WSR 11-20-041, § 308-330-300, filed 9/28/11, effective 10/29/11; WSR 99-04- 070, § 308-330-300, filed 2/1/99, effective 3/4/99; WSR 97-10-068, § 308-330-300, filed 5/5/97, effective 6/5/97; WSR 96-13-089, § 308-330-300, filed 6/19/96, effective 7/20/96; WSR 95-23-042, § 308-330-300, filed 11/13/95, effective 12/14/95; WSR 94-23-029, § 308-330-300, filed 11/8/94, effective 12/9/94; WSR 94-01-082, § 308-330-300, filed 12/13/93, effective 7/1/94.] Reviser's note:RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules, and deems ineffectual changes not filed by the agency in this manner. The bracketed material in the above section does not appear to conform to the statutory requirement. 308-330-305 RCW sections adopted—Vehicle licenses. The following sections of the Revised Code of Washington (RCW) pertaining to vehicle licenses as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.12.695,46.16A.030,46.16A.140,46.16A.160,46.16A.175, 46.16A.180,46.16A.200,46.16A.320,46.16A.350,46.16A.405,46.16A.420,46.16A.425,46.16A.428, 46.16A.450,46.16A.500,46.16A.520,46.16A.530,46.16A.540,46.16A.545,46.18.200,46.18.205,46.18.215, 46.18.220,46.18.235,46.18.275,46.18.277,46.18.285,46.19.050, and 46.19.070. [Statutory Authority: RCW 46.90.010. WSR 15-24-085, § 308-330-305, filed 11/30/15, effective 12/31/15; WSR 11-20- 041, § 308-330-305, filed 9/28/11, effective 10/29/11; WSR 04-18-061, § 308-330-305, filed 8/27/04, effective 9/27/04; WSR 02-04-075, § 308-330-305, filed 2/1/02, effective 3/4/02; WSR 97-10-068, § 308-330-305, filed 5/5/97, effective 6/5/97; WSR 96-13-089, § 308-330-305, filed 6/19/96, effective 7/20/96; WSR 95-23-042, § 308-330-305, filed 11/13/95, effective 12/14/95; WSR 94-01-082, § 308-330-305, filed 12/13/93, effective 7/1/94.] 308-330-307 RCW sections adopted—Driver licenses and identicards. The following sections of the Revised Code of Washington (RCW) pertaining to driver licenses and identification cards as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.20.001,46.20.005,46.20.015,46.20.017, 46.20.021,46.20.022,46.20.024,46.20.025,46.20.027,46.20.031,46.20.041,46.20.045,46.20.055,46.20.070, 46.20.075,46.20.0921,46.20.109,46.20.220,46.20.308,46.20.3101,46.20.338,46.20.342,46.20.345, 46.20.349,46.20.391,46.20.394,46.20.410,46.20.500,46.20.510,46.20.720,46.20.740, and 46.20.750. [Statutory Authority: RCW 46.90.010. WSR 02-04-075, § 308-330-307, filed 2/1/02, effective 3/4/02; WSR 00-18-067, § 308-330-307, filed 9/1/00, effective 10/2/00; WSR 99-04-070, § 308-330-307, filed 2/1/99, effective 3/4/99. Statutory Authority: RCW 46.90.010 and 1997 c 66 and c 229. WSR 97-16-041, § 308-330-307, filed 7/31/97, effective 8/31/97. 14 of 29 Statutory Authority: RCW 46.90.010. WSR 97-10-068, § 308-330-307, filed 5/5/97, effective 6/5/97; WSR 96-13-089, § 308-330-307, filed 6/19/96, effective 7/20/96; WSR 95-23-042, § 308-330-307, filed 11/13/95, effective 12/14/95; WSR 94-23-029, § 308-330-307, filed 11/8/94, effective 12/9/94; WSR 94-01-082, § 308-330-307, filed 12/13/93, effective 7/1/94.] 308-330-309 RCW sections adopted—Uniform Commercial Driver's License Act. The following sections of the Revised Code of Washington (RCW) pertaining to the Uniform Commercial Driver's License Act as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.25.010,46.25.020,46.25.030,46.25.040, 46.25.050,46.25.052,46.25.055,46.25.057,46.25.110,46.25.120, and 46.25.170. [Statutory Authority: RCW 46.90.010. WSR 15-24-085, § 308-330-309, filed 11/30/15, effective 12/31/15; WSR 13-21- 027, § 308-330-309, filed 10/8/13, effective 7/8/14; WSR 04-18-061, § 308-330-309, filed 8/27/04, effective 9/27/04; WSR 94-01-082, § 308-330-309, filed 12/13/93, effective 7/1/94.] 308-330-310 RCW sections adopted—Financial responsibility. The following section of the Revised Code of Washington (RCW) pertaining to financial responsibility as now or hereafter amended is hereby adopted by reference as a part of this chapter in all respects as though such section were set forth herein in full: RCW 46.29.605. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-310, filed 12/13/93, effective 7/1/94.] 308-330-312 RCW sections adopted—Mandatory liability insurance. The following sections of the Revised Code of Washington (RCW) pertaining to mandatory liability insurance as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as through such sections were set forth herein in full: RCW 46.30.010,46.30.020,46.30.030, and 46.30.040. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-312, filed 12/13/93, effective 7/1/94.] 308-330-314 RCW sections adopted—Vehicle inspection. The following sections of the Revised Code of Washington (RCW) pertaining to vehicle inspection as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.32.060 and 46.32.070. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-314, filed 12/13/93, effective 7/1/94.] 308-330-316 RCW sections adopted—Vehicle lighting and other equipment. The following sections of the Revised Code of Washington (RCW) pertaining to vehicle lighting and other equipment as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.37.010,46.37.020,46.37.030,46.37.040, 46.37.050,46.37.060,46.37.070,46.37.080,46.37.090,46.37.100,46.37.110,46.37.120,46.37.130,46.37.140, 46.37.150,46.37.160,46.37.170,46.37.180,46.37.184,46.37.185,46.37.186,46.37.187,46.37.188,46.37.190, 46.37.193,46.37.196,46.37.200,46.37.210,46.37.215,46.37.220,46.37.230,46.37.240,46.37.260,46.37.270, 46.37.280,46.37.290,46.37.300,46.37.310,46.37.340,46.37.351,46.37.360,46.37.365,46.37.369,46.37.375, 46.37.380,46.37.390,46.37.395,46.37.400,46.37.410,46.37.420,46.37.4215,46.37.4216,46.37.423, 46.37.424,46.37.425,46.37.430,46.37.435,46.37.440,46.37.450,46.37.465,46.37.467,46.37.470,46.37.480, 15 of 29 46.37.490,46.37.495,46.37.500,46.37.510,46.37.513,46.37.517,46.37.518,46.37.520,46.37.522,46.37.523, 46.37.524,46.37.525,46.37.527,46.37.528,46.37.529,46.37.530,46.37.535,46.37.537,46.37.539,46.37.540, 46.37.550,46.37.560,46.37.570,46.37.590,46.37.600,46.37.610,46.37.620,46.37.630,46.37.640,46.37.650, 46.37.660,46.37.670,46.37.671,46.37.672,46.37.673,46.37.674,46.37.675,46.37.680, and 46.37.685. [Statutory Authority: RCW 46.90.010. WSR 15-24-085, § 308-330-316, filed 11/30/15, effective 12/31/15; WSR 13-21- 026, § 308-330-316, filed 10/8/13, effective 11/8/13; WSR 10-18-058, § 308-330-316, filed 8/30/10, effective 9/30/10; WSR 04-18-061, § 308-330-316, filed 8/27/04, effective 9/27/04; WSR 00-18-067, § 308-330-316, filed 9/1/00, effective 10/2/00; WSR 97-10-068, § 308-330-316, filed 5/5/97, effective 6/5/97; WSR 96-13-089, § 308-330-316, filed 6/19/96, effective 7/20/96; WSR 95-23-042, § 308-330-316, filed 11/13/95, effective 12/14/95; WSR 94-01-082, § 308-330-316, filed 12/13/93, effective 7/1/94.] 308-330-320 RCW sections adopted—Size, weight, load. The following sections of the Revised Code of Washington (RCW) pertaining to vehicle size, weight, and load as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.44.010,46.44.013,46.44.020,46.44.030,46.44.034, 46.44.036,46.44.037,46.44.041,46.44.042,46.44.043,46.44.047,46.44.050,46.44.060,46.44.070,46.44.090, 46.44.091,46.44.092,46.44.093,46.44.095,46.44.096,46.44.105,46.44.120,46.44.130,46.44.140,46.44.170, 46.44.173,46.44.175,46.44.180, and 46.44.190. [Statutory Authority: RCW 46.90.010. WSR 10-18-058, § 308-330-320, filed 8/30/10, effective 9/30/10; WSR 04-18-061, § 308-330-320, filed 8/27/04, effective 9/27/04; WSR 02-04-075, § 308-330-320, filed 2/1/02, effective 3/4/02; WSR 94- 23-029, § 308-330-320, filed 11/8/94, effective 12/9/94; WSR 94-01-082, § 308-330-320, filed 12/13/93, effective 7/1/94.] 308-330-322 RCW sections adopted—Transportation of hazardous materials. The following section of the Revised Code of Washington (RCW) and Washington Administrative Code (WAC) pertaining to transportation of hazardous materials as now or hereafter amended is hereby adopted by reference as a part of this chapter in all respects as though such section were set forth herein in full: RCW 46.48.170,46.48.175 and 46.48.185 and chapter 446-50 WAC. [Statutory Authority: RCW 46.90.010. WSR 97-10-068, § 308-330-322, filed 5/5/97, effective 6/5/97; WSR 94-01-082, § 308-330-322, filed 12/13/93, effective 7/1/94.] 308-330-325 RCW sections adopted—Accidents, reports. The following sections of the Revised Code of Washington (RCW) pertaining to accidents and accident reports as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.52.010,46.52.020,46.52.030,46.52.040,46.52.070, 46.52.080,46.52.088,46.52.090, and 46.52.101. [Statutory Authority: RCW 46.90.010. WSR 00-18-067, § 308-330-325, filed 9/1/00, effective 10/2/00; WSR 94-01-082, § 308-330-325, filed 12/13/93, effective 7/1/94.] 308-330-327 RCW sections adopted—Hulk haulers and scrap processors. The following sections of the Revised Code of Washington (RCW) pertaining to hulk haulers and scrap processors as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.79.010 and 46.79.120. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-327, filed 12/13/93, effective 7/1/94.] 16 of 29 308-330-330 RCW sections adopted—Motor vehicle wreckers. The following sections of the Revised Code of Washington (RCW) pertaining to motor vehicle wreckers as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.80.010 and 46.80.060. [Statutory Authority: RCW 46.90.010. WSR 15-24-085, § 308-330-330, filed 11/30/15, effective 12/31/15; WSR 95-23- 042, § 308-330-330, filed 11/13/95, effective 12/14/95; WSR 94-01-082, § 308-330-330, filed 12/13/93, effective 7/1/94.] 308-330-360 Owner of record presumed liable for costs when vehicle abandoned—Exception. (1) The abandonment of any vehicle or automobile hulk shall constitute a prima facie presumption that the last owner of record is responsible for such abandonment and thus liable for any costs incurred in removing, storing, and disposing of any abandoned vehicle. (2) A registered owner transferring a vehicle shall be relieved from personal liability under this section if he or she transmits to the department a seller's report of sale as provided by RCW 46.12.650. [Statutory Authority: RCW 46.90.010. WSR 15-24-085, § 308-330-360, filed 11/30/15, effective 12/31/15; WSR 94-01- 082, § 308-330-360, filed 12/13/93, effective 7/1/94.] 308-330-365 Contract with registered disposer to dispose of vehicles and hulks—Compliance required. (1) The local authority may contract with any tow truck operator who is engaged in removing and storing of vehicles and who is registered as a registered disposer by the department for the purpose of disposing of certain automobile hulks, abandoned junk motor vehicles, and abandoned vehicles. (2) Any registered disposer under contract to the local authority for the removing and storing of vehicles or hulks shall comply with the administrative regulations relative to the handling and disposing of vehicles or hulks as may be promulgated by the local authority or the director. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-365, filed 12/13/93, effective 7/1/94.] 308-330-370 Stolen and abandoned vehicles—Reports of—Recovery, report required, penalty— Disposition. It shall be the duty of the chief of police to report immediately to the chief of the Washington state patrol all motor vehicles reported to them as stolen or recovered, upon forms to be provided by the chief of the Washington state patrol. In the event that any motor vehicle reported as stolen has been recovered, failure of the person so reporting the same as stolen to report the recovery thereof to the chief of police to whom such motor vehicle was reported as stolen is a traffic infraction. It shall be the duty of the chief of police to report to the chief of the Washington state patrol all vehicles or automobile hulks found abandoned on a highway or at any other place and the same shall, at the direction of a law enforcement officer, be placed in the custody of a tow truck operator registered pursuant to chapter 46.55 RCW. [Statutory Authority: RCW 46.90.010. WSR 97-10-068, § 308-330-370, filed 5/5/97, effective 6/5/97; WSR 94-01-082, § 308-330-370, filed 12/13/93, effective 7/1/94.] 17 of 29 308-330-400 Provisions of chapter refer to vehicles upon highway—Exception. The provisions of this chapter relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except: (1) Where a different place is specifically referred to in a given section; (2) The provisions of RCW 46.52.010,46.52.020,46.52.030,46.52.070,46.52.080,46.52.090, and 46.61.500 through 46.61.530 shall apply upon highways and elsewhere throughout the jurisdiction of the local authority. [Statutory Authority: RCW 46.90.010. WSR 97-10-068, § 308-330-400, filed 5/5/97, effective 6/5/97; WSR 96-13-089, § 308-330-400, filed 6/19/96, effective 7/20/96; WSR 94-23-029, § 308-330-400, filed 11/8/94, effective 12/9/94; WSR 94- 01-082, § 308-330-400, filed 12/13/93, effective 7/1/94.] 308-330-403 Required obedience to traffic ordinance. It is unlawful for any person to do any act forbidden or fail to perform any act required by this chapter. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-403, filed 12/13/93, effective 7/1/94.] 308-330-406 RCW sections adopted—Abandoned, unauthorized, and junk vehicle tow truck operators. The following sections of the Revised Code of Washington (RCW) pertaining to abandoned, unauthorized, and junk vehicle tow truck operators as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.55.010,46.55.020, 46.55.025,46.55.035,46.55.037,46.55.040,46.55.050,46.55.060,46.55.063,46.55.070,46.55.075,46.55.080, 46.55.085,46.55.090,46.55.100,46.55.105,46.55.110,46.55.113,46.55.120,46.55.130,46.55.140,46.55.150, 46.55.160,46.55.170,46.55.230, and 46.55.240. [Statutory Authority: RCW 46.90.010. WSR 00-18-067, § 308-330-406, filed 9/1/00, effective 10/2/00; WSR 97-10-068, § 308-330-406, filed 5/5/97, effective 6/5/97; WSR 95-23-042, § 308-330-406, filed 11/13/95, effective 12/14/95; WSR 94-01-082, § 308-330-406, filed 12/13/93, effective 7/1/94.] 308-330-408 RCW sections adopted—Traffic laws, signs, signals, markings. The following sections of the Revised Code of Washington (RCW) pertaining to obedience to and effect of traffic laws, traffic signs, signals and markings as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.005, 46.61.015,46.61.020,46.61.021,46.61.022,46.61.024,46.61.025,46.61.030,46.61.035,46.61.050,46.61.055, 46.61.060,46.61.065,46.61.070,46.61.072,46.61.075,46.61.080, and 46.61.085. [Statutory Authority: RCW 46.90.010. WSR 97-10-068, § 308-330-408, filed 5/5/97, effective 6/5/97; WSR 94-01-082, § 308-330-408, filed 12/13/93, effective 7/1/94.] 308-330-409 Traffic control devices required—Stopping, standing, and parking. No prohibition, regulation, or limitation relating to stopping, standing, or parking imposed under this chapter or any ordinance of the local authority for which traffic control devices are required shall be effective unless official traffic control devices are erected and in place at the time of any alleged offense. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-409, filed 12/13/93, effective 7/1/94.] 18 of 29 308-330-412 Crossing new pavement and markings. No person shall ride or drive any animal, bicycle, or vehicle, across any newly made pavement or freshly applied markings on any highway when a sign, cone marker, or other warning device is in place warning persons not to drive across such pavement or marking. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-412, filed 12/13/93, effective 7/1/94.] 308-330-415 RCW sections adopted—Right of way. The following sections of the Revised Code of Washington (RCW) pertaining to vehicles and pedestrians use of roadways, right of way, rights and duties as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.100, 46.61.105,46.61.110,46.61.115,46.61.120,46.61.125,46.61.130,46.61.135,46.61.140,46.61.145,46.61.150, 46.61.155,46.61.160,46.61.165,46.61.180,46.61.183,46.61.184,46.61.185,46.61.190,46.61.195,46.61.200, 46.61.202,46.61.205,46.61.210,46.61.212,46.61.215,46.61.220,46.61.230,46.61.235,46.61.240,46.61.245, 46.61.250,46.61.255,46.61.260,46.61.261,46.61.264,46.61.266, and 46.61.269. [Statutory Authority: RCW 46.90.010. WSR 15-24-085, § 308-330-415, filed 11/30/15, effective 12/31/15; WSR 10-18- 058, § 308-330-415, filed 8/30/10, effective 9/30/10; WSR 00-18-067, § 308-330-415, filed 9/1/00, effective 10/2/00; WSR 97-10-068, § 308-330-415, filed 5/5/97, effective 6/5/97; WSR 94-01-082, § 308-330-415, filed 12/13/93, effective 7/1/94.] 308-330-421 RCW sections adopted—Turning, starting and stopping. The following sections of the Revised Code of Washington (RCW) pertaining to turning, starting, signals on stopping and turning, and special stops as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.290,46.61.295, 46.61.300,46.61.305,46.61.310,46.61.315,46.61.340,46.61.345,46.61.350,46.61.355,46.61.365,46.61.370, 46.61.371,46.61.372,46.61.375,46.61.380, and 46.61.385. [Statutory Authority: RCW 46.90.010. WSR 00-18-067, § 308-330-421, filed 9/1/00, effective 10/2/00; WSR 97-10-068, § 308-330-421, filed 5/5/97, effective 6/5/97; WSR 94-01-082, § 308-330-421, filed 12/13/93, effective 7/1/94.] 308-330-423 RCW sections adopted—Speed restrictions. The following sections of the Revised Code of Washington (RCW) pertaining to speed restrictions as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.400,46.61.415,46.61.419,46.61.425,46.61.427,46.61.428, 46.61.435,46.61.440,46.61.445,46.61.450,46.61.455,46.61.460,46.61.465, and 46.61.470. [Statutory Authority: RCW 46.90.010. WSR 04-18-061, § 308-330-423, filed 8/27/04, effective 9/27/04; WSR 00-18-067, § 308-330-423, filed 9/1/00, effective 10/2/00; WSR 94-01-082, § 308-330-423, filed 12/13/93, effective 7/1/94.] 308-330-425 RCW sections adopted—Reckless driving, negligent driving, vehicular homicide and assault. The following sections of the Revised Code of Washington (RCW) pertaining to reckless driving, negligent driving, driving while under the influence of intoxicating liquor or any drug, vehicular homicide and assault as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.500,46.61.502,46.61.503,46.61.504,46.61.5054, 19 of 29 46.61.5055,46.61.50571,46.61.5058,46.61.506,46.61.513,46.61.517,46.61.519,46.61.5191,46.61.5195, 46.61.5249,46.61.525,46.61.526,46.61.527,46.61.530,46.61.535,46.61.540, and 46.61.745. [Statutory Authority: RCW 46.90.010. WSR 15-24-085, § 308-330-425, filed 11/30/15, effective 12/31/15; WSR 11-20- 041, § 308-330-425, filed 9/28/11, effective 10/29/11; WSR 99-04-070, § 308-330-425, filed 2/1/99, effective 3/4/99. Statutory Authority: RCW 46.90.010 and 1997 c 66 and c 229. WSR 97-16-041, § 308-330-425, filed 7/31/97, effective 8/31/97. Statutory Authority: RCW 46.90.010. WSR 97-10-068, § 308-330-425, filed 5/5/97, effective 6/5/97; WSR 95- 23-042, § 308-330-425, filed 11/13/95, effective 12/14/95; WSR 94-23-029, § 308-330-425, filed 11/8/94, effective 12/9/94; WSR 94-01-082, § 308-330-425, filed 12/13/93, effective 7/1/94.] 308-330-430 Obedience to angle-parking signs or markings. Upon those highways which have been signed or marked for angle-parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-430, filed 12/13/93, effective 7/1/94.] 308-330-433 Parking not to obstruct traffic. (1) No person shall park a vehicle upon a highway in such a manner or under such conditions as to leave available less than ten feet of the width of the roadway for free movement of vehicular traffic. (2) No person shall stop, stand, or park a vehicle within an alley in such position as to block the driveway entrance to any abutting property. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-433, filed 12/13/93, effective 7/1/94.] 308-330-436 Parking for certain purposes unlawful. (1) No person shall park any vehicle upon any highway for the principle purpose of: (a) Displaying advertising; (b) Displaying such vehicle for sale; (c) Selling merchandise from such vehicle, except when authorized. (2) No person shall park any vehicle upon any roadway for the principle purpose of washing, greasing, or repairing such vehicle except repairs necessitated by an emergency. [Statutory Authority: RCW 46.90.010. WSR 97-10-068, § 308-330-436, filed 5/5/97, effective 6/5/97; WSR 94-01-082, § 308-330-436, filed 12/13/93, effective 7/1/94.] 308-330-439 Standing in passenger loading zone. No person shall stop, stand, or park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers in any place marked as a passenger loading zone during hours when the regulations applicable to the loading zone are effective, and then only for a period not to exceed three minutes. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-439, filed 12/13/93, effective 7/1/94.] 308-330-442 Standing in loading zone. (1) No person shall stop, stand, or park a vehicle for any purpose or period of time other than for the expeditious unloading and delivery or pickup and loading of property in any place marked as a loading zone 20 of 29 during hours when the provisions applicable to such zone are in effect. In no case shall the stop for loading and unloading of property exceed thirty minutes. (2) The driver of a vehicle may stop temporarily at a loading zone for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any vehicle which is waiting to enter or about to enter such zone to load or unload property. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-442, filed 12/13/93, effective 7/1/94.] 308-330-445 Standing in a tow-away zone. No person shall stop, stand, or park a vehicle in a place marked as a tow-away zone during hours when the provisions applicable to such zone are in effect. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-445, filed 12/13/93, effective 7/1/94.] 308-330-448 Violating permits for loading or unloading at an angle to the curb. It shall be unlawful for any permittee or other person to violate any of the special terms or conditions of any permit issued by the traffic engineer for the backing of a vehicle to the curb for the purpose of loading or unloading property. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-448, filed 12/13/93, effective 7/1/94.] 308-330-451 Standing or parking on one-way roadways. In the event a highway includes two or more separate roadways, no person shall stand or park a vehicle upon the left-hand side of such one-way roadway unless signs are erected to permit such standing or parking. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-451, filed 12/13/93, effective 7/1/94.] 308-330-454 Stopping, standing, and parking of buses and taxicabs regulated. (1) The operator of a bus shall not stop, stand, or park such vehicle upon any highway at any place other than a designated bus stop. This provision shall not prevent the operator of a bus from temporarily stopping in accordance with other stopping, standing, or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers or their baggage. (2) The operator of a bus shall enter a bus stop or passenger loading zone on a highway in such a manner that the bus when stopped to load or unload passengers or baggage shall be in a position with the right front wheel of such vehicle not farther than eighteen inches from the curb and the bus approximately parallel to the curb so as not to unduly impede the movement of other vehicular traffic. (3) The operator of a taxicab shall not stop, stand, or park such vehicle upon any highway at any place other than in a designated taxicab stand. This provision shall not prevent the operator of a taxicab from temporarily stopping in accordance with other stopping, standing, or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers. [Statutory Authority: RCW 46.90.010. WSR 95-23-042, § 308-330-454, filed 11/13/95, effective 12/14/95; WSR 94-01- 082, § 308-330-454, filed 12/13/93, effective 7/1/94.] 21 of 29 308-330-457 Restricted use of bus stops and taxicab stands. No person shall stop, stand, or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand when any such stop or stand has been officially designated and appropriately signed, except the driver of a passenger vehicle may temporarily stop there for the purpose of, or while actually engaged in, loading or unloading passengers when such stopping does not interfere with any bus, or taxicab waiting to enter or about to enter such stop or stand. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-457, filed 12/13/93, effective 7/1/94.] 308-330-460 Right of way for parking. The driver of any vehicle who first begins driving or maneuvering his/her vehicle into a vacant parking space shall have a prior right of way to park in such place, and it shall be unlawful for another driver to attempt to deprive him/her thereof by blocking his/her access or otherwise. For the purpose of establishing right of way in this section it shall be considered proper to back into any but a front-in angle parking space. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-460, filed 12/13/93, effective 7/1/94.] 308-330-462 RCW sections adopted—Stopping, standing, and parking. The following sections of the Revised Code of Washington (RCW) pertaining to vehicle stopping, standing, and parking as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.08.185,46.61.560,46.61.570,46.61.575, 46.61.581,46.61.582,46.61.583,46.61.585,46.61.587, and 46.61.590. [Statutory Authority: RCW 46.90.010. WSR 15-24-085, § 308-330-462, filed 11/30/15, effective 12/31/15; WSR 13-21- 026, § 308-330-462, filed 10/8/13, effective 11/8/13; WSR 97-10-068, § 308-330-462, filed 5/5/97, effective 6/5/97; WSR 94-01-082, § 308-330-462, filed 12/13/93, effective 7/1/94.] 308-330-464 RCW sections adopted—Operation and restrictions. The following sections of the Revised Code of Washington (RCW) pertaining to the operation of vehicles and the restriction of certain acts and practices of vehicle operators and passengers as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.600,46.61.605,46.61.606,46.61.608,46.61.610,46.61.611,46.61.612,46.61.614, 46.61.615,46.61.620,46.61.625,46.61.630,46.61.635,46.61.640,46.61.645,46.61.655,46.61.660,46.61.665, 46.61.667,46.61.668,46.61.670,46.61.675,46.61.680,46.61.685,46.61.687,46.61.688,46.61.690,46.61.700, 46.61.705,46.61.710,46.61.720,46.61.723,46.61.725,46.61.730,46.61.735, and 46.61.740. [Statutory Authority: RCW 46.90.010. WSR 15-24-085, § 308-330-464, filed 11/30/15, effective 12/31/15; WSR 11-20- 041, § 308-330-464, filed 9/28/11, effective 10/29/11; WSR 10-18-058, § 308-330-464, filed 8/30/10, effective 9/30/10; WSR 04-18-061, § 308-330-464, filed 8/27/04, effective 9/27/04; WSR 02-04-075, § 308-330-464, filed 2/1/02, effective 3/4/02; WSR 94-01-082, § 308-330-464, filed 12/13/93, effective 7/1/94.] 308-330-466 Funeral processions. (1) A funeral procession shall proceed to the place of interment by the most direct route which is both legal and practicable. (2) A funeral procession shall be accompanied by adequate escort vehicles for traffic control purposes as determined by the chief of police. 22 of 29 (3) All motor vehicles in a funeral procession shall be identified by having their headlights turned on or by such other method as may be determined and designated by the chief of police. (4) All motor vehicles in a funeral procession shall be operated as near to the right-hand edge of the roadway as is practicable and shall follow the vehicle ahead as close as is practicable and safe. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-466, filed 12/13/93, effective 7/1/94.] 308-330-469 When permits required for parades and processions. With the exception of funeral processions and parades of the armed forces of the United States, the military forces of this state, and the forces of the police and fire departments, no processions or parades shall be conducted on the highways within the jurisdiction of the local authority except in accordance with a permit issued by the chief of police and such other regulations as are set forth in this chapter which may be applicable. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-469, filed 12/13/93, effective 7/1/94.] 308-330-472 Interfering with processions. (1) No person shall unreasonably interfere with a procession. (2) No person shall operate a vehicle that is not part of a procession between the vehicles of the procession. This provision shall not apply at intersections where traffic is controlled by traffic control devices unless a police officer is present at such intersections to direct traffic so as to preserve the continuity of the procession. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-472, filed 12/13/93, effective 7/1/94.] 308-330-475 Boarding or alighting from vehicles. No person shall board or alight from any vehicle while such vehicle is in motion. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-475, filed 12/13/93, effective 7/1/94.] 308-330-478 Unlawful riding. No person shall ride upon any portion of a vehicle not designed or intended for the use of passengers. This provision shall not apply to an employee engaged in the necessary discharge of a duty, or to persons riding within truck bodies in space intended for merchandise. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-478, filed 12/13/93, effective 7/1/94.] 308-330-481 RCW sections adopted—Operation of nonmotorized vehicles. The following sections of the Revised Code of Washington (RCW) pertaining to the operation of nonmotorized vehicles as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.750,46.61.755,46.61.758, 46.61.760,46.61.765,46.61.770,46.61.775,46.61.780, and 46.61.790. [Statutory Authority: RCW 46.90.010. WSR 02-04-075, § 308-330-481, filed 2/1/02, effective 3/4/02; WSR 94-01-082, § 308-330-481, filed 12/13/93, effective 7/1/94.] 23 of 29 308-330-500 Bicycle license required. No person who resides within the jurisdiction of the local authority shall ride or propel a bicycle on any highway or upon any public path set aside for the exclusive use of bicycles unless such bicycle has been licensed and a license plate or decal is attached thereto as provided in WAC 308-330-500 through 308-330-540. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-500, filed 12/13/93, effective 7/1/94.] 308-330-505 Bicycle license application. Application for a bicycle license and license plate or decal shall be made upon a form provided by and to the chief of police. An annual license fee as prescribed by the local authority shall be paid to the local authority before each license or renewal thereof is granted. Duplicate license plates or decals may be supplied for the same cost as the original plate or decal in the event of loss of the plate or decal. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-505, filed 12/13/93, effective 7/1/94.] 308-330-510 Issuance of bicycle license. (1) The chief of police upon receiving proper application therefor is authorized to issue a bicycle license which shall be effective for one calendar year. (2) The chief of police shall not issue a license for any bicycle when he/she knows or has reasonable grounds to believe that the applicant is not the owner of, or entitled to the possession of, such bicycle. (3) The chief of police shall keep a record of the number of each license, the date issued, the name and address of the person to whom issued, and a record of all bicycle license fees collected by him. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-510, filed 12/13/93, effective 7/1/94.] 308-330-515 Attachment of bicycle license plate or decal. (1) The chief of police, upon issuing a bicycle license, shall also issue a license plate or decal bearing the license number assigned to the bicycle, and the name of the local authority. (2) Such license plate or decal shall be firmly attached to the rear mudguard or frame of the bicycle for which issued in such position as to be plainly visible from the rear. (3) No person shall remove a license plate or decal from a bicycle during the period for which issued except upon a transfer of ownership or in the event the bicycle is dismantled and no longer operated upon any highway within the jurisdiction of the local authority. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-515, filed 12/13/93, effective 7/1/94.] 308-330-520 Inspection of bicycles. The chief of police, or an officer assigned such responsibility, may inspect each bicycle before licensing the same and may refuse a license for any bicycle which he/she determines is in unsafe mechanical condition. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-520, filed 12/13/93, effective 7/1/94.] 308-330-525 Renewal of bicycle license. Upon the expiration of any bicycle license, the same may be renewed upon application and payment of the same fee as upon an original application. 24 of 29 [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-525, filed 12/13/93, effective 7/1/94.] 308-330-530 Bicycle transfer of ownership. Upon the sale or other transfer of a licensed bicycle, the licensee shall remove the license plate or decal and shall either surrender the same to the chief of police or may upon proper application, but without payment of additional fee, have such plate or decal assigned to another bicycle owned by the applicant. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-530, filed 12/13/93, effective 7/1/94.] 308-330-535 Bicycle rental agencies. A rental agency shall not rent or offer any bicycle for rent unless the bicycle is licensed and a license plate or decal is attached thereto as provided herein and such bicycle is equipped with the equipment required by RCW 46.61.780. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-535, filed 12/13/93, effective 7/1/94.] 308-330-540 Bicycle dealers. Every person engaged in the business of buying or selling new or second-hand bicycles shall make a report to the chief of police of every bicycle purchased or sold by such dealer, giving the name and address of the person from whom purchased or to whom sold, a description of such bicycle by name or make, the frame number thereof, and number of license plate or decal, if any, found thereon. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-540, filed 12/13/93, effective 7/1/94.] 308-330-545 Bicycles—Obedience to traffic control devices. (1) Any person operating a bicycle shall obey the instructions of official traffic control devices applicable to vehicles, unless otherwise directed by a police officer. (2) Whenever authorized signs are erected indicating that no right or left or U-turn is permitted, no person operating a bicycle shall disobey the directions of any such sign, except where such person dismounts from the bicycle at the right-hand curb or as close as is practicable to the right edge of the right-hand shoulder to make any such turn, in which event such person shall then obey the regulations applicable to pedestrians. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-545, filed 12/13/93, effective 7/1/94.] 308-330-550 Bicycles—Parking. No person shall park a bicycle upon a highway other than: (1) Off the roadway except in designated areas; (2) Upon the sidewalk in a rack to support the bicycle; (3) Against a building; or (4) In such manner as to afford the least obstruction to pedestrian traffic. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-550, filed 12/13/93, effective 7/1/94.] 25 of 29 308-330-555 Bicycles—Riding on sidewalks. (1) No person shall ride a bicycle upon a sidewalk in a business district. (2) A person may ride a bicycle on any other sidewalk or any roadway unless restricted or prohibited by traffic control devices. (3) Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right of way to any pedestrian. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-555, filed 12/13/93, effective 7/1/94.] 308-330-560 Bicycles—Penalties. Violation of any provision of WAC 308-330-500 through 308-330-540 is a traffic infraction. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-560, filed 12/13/93, effective 7/1/94.] 308-330-565 Unclaimed bicycles. All unclaimed bicycles in the custody of the police department shall be disposed of as provided in chapter 63.32 RCW. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-565, filed 12/13/93, effective 7/1/94.] 308-330-600 Parking meter spaces. No person shall park a vehicle in any designated parking meter space during the restricted or regulated time applicable to the parking meter zone in which such meter is located so that any part of such vehicle occupies more than one such space or protrudes beyond the markings designating such space, except that a vehicle which is of a size too large to be parked within a single designated parking meter space shall be permitted to occupy two adjoining parking meter spaces when coins shall have been deposited in the parking meter for each space so occupied as is required for the parking of other vehicles in such spaces. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-600, filed 12/13/93, effective 7/1/94.] 308-330-610 Parking meters—Deposit of coins and time limits. (1) No person shall park a vehicle in any parking meter space alongside of and next to which a parking meter has been installed during the restricted and regulated time applicable to the parking meter zone in which such meter is located unless a United States coin or coins of the appropriate denomination as indicated on the parking meter shall have been deposited therein, or shall have been previously deposited therein for an unexpired interval of time, and said meter has been placed in operation. (2) No person shall permit a vehicle within his/her control to be parked in any parking meter space during the restricted and regulated time applicable to the parking meter zone in which such meter is located while the parking meter for such space indicates by signal that the lawful parking time in such space has expired. This provision shall not apply to the act of parking or the necessary time which is required to deposit immediately thereafter a coin or coins in such meter. (3) No person shall park a vehicle in any parking meter space for a consecutive period of time longer than that limited period of time for which parking is lawfully permitted in the parking meter zone in which such meter is located, irrespective of the number or amounts of the coins deposited in such meter. 26 of 29 (4) The provisions of this section shall not relieve any person from the duty to observe other and more restrictive provisions of this chapter prohibiting or limiting the stopping, standing, or parking of vehicles in specified places or at specified times. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-610, filed 12/13/93, effective 7/1/94.] 308-330-620 Parking meters—Use of slugs prohibited. No person shall deposit or attempt to deposit in any parking meter any bent coin, slug, button, or any other device or substance as substitutes for United States coins. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-620, filed 12/13/93, effective 7/1/94.] 308-330-630 Tampering with parking meter. No person shall deface, injure, tamper with, open, or wilfully break, destroy, or impair the usefulness of any parking meter. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-630, filed 12/13/93, effective 7/1/94.] 308-330-640 Parking meters—Rule of evidence. The parking or standing of any motor vehicle in a parking space, at which space the parking meter displays the sign or signal indicating illegal parking, shall constitute a prima facie presumption that the vehicle has been parked or allowed to stand in such space for a period longer than permitted by this chapter. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-640, filed 12/13/93, effective 7/1/94.] 308-330-650 Parking meters—Application of proceeds. (1) The coins required to be deposited in parking meters are levied and assessed as fees to cover the regulation and control of parking upon highways, the costs of parking meters, their installation, inspection, supervision, operation, repair, and maintenance, control and use of parking spaces, and regulating the parking of vehicles in parking meter zones; and the costs of acquiring, establishing, improving, maintaining, and operating public off-street parking facilities. (2) The coins deposited in parking meters shall be collected by the duly authorized agents of the local authority and shall be deposited by them as directed by the local authority. (3) The local authority shall pay from the moneys collected from parking meters the costs for any parking meters purchased and installed as provided herein, and expenses incurred for their installation, inspection, service, supervision, repair, and maintenance, for making collections from such parking meters, and for the enforcement of provisions herein applicable to parking meter zones. The net proceeds derived from the operation of parking meters after the payment of such costs and expenses, may be used for parking studies and for the acquisition, establishment, improvement, maintenance, and operation of public off-street parking facilities. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-650, filed 12/13/93, effective 7/1/94.] 308-330-660 Service parking. The chief of police is authorized to issue a permit for service parking upon payment of the fee prescribed by the local authority and upon the following conditions: 27 of 29 (1) Application shall be made to the chief of police on such forms as the chief of police shall prescribe. The applicant shall set forth the applicant's business and the necessity for such permit. The chief of police shall investigate the facts as necessary. (2) If it appears that a necessity exists, the chief of police may authorize the issuance of such permit under the conditions prescribed in this section. (3) Upon issuance of the permit, the permittee shall be issued a hood to use in covering any parking meter. As many hoods may be issued upon payment of the prescribed fee as the chief of police deems necessary or convenient for the applicant. The hood shall be provided with a padlock, tow keys, and an identification card attached with a blank space thereon. (4) Upon entering any parking meter space available, the permittee shall place the hood over the parking meter and lock the same and shall indicate in such blank space the exact place where the service work is being rendered. (5) The permittee shall not place the hood over any meter when the space is occupied by another vehicle, and shall before vacating the space at the conclusion of the work remove the hood. The hood shall not be allowed to remain in place for over one hour when the space is not occupied by an authorized vehicle, nor shall it be allowed to remain in place after 6:00 p.m. on any weekday or on any Sunday or holiday. It shall not be used during hours when parking or stopping in the parking meter space is prohibited. No vehicle licensed as a passenger car shall be parked in the space covered by the hooded parking meter. (6) The chief of police may revoke any permit if the service parking hood is used for any purpose other than that authorized in this section or for any violation of this chapter. Upon revocation, the hood shall immediately be returned to the police department and all fees paid shall be forfeited. Police officers finding such hood in use shall investigate the use being made thereof, and if it is found in violation of this section shall report the facts to the chief of police. (7) Any permit issued under this section shall, unless revoked, be valid for a period of one year. (8) The permittee shall also pay a deposit in an amount prescribed by the local authority at the time of issuance of the hood, padlock, and keys, which shall remain the property of the local authority. In case a hood, a padlock, or key becomes lost or destroyed or so defaced that it is no longer usable, the permittee shall forfeit deposit. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-660, filed 12/13/93, effective 7/1/94.] 308-330-700 RCW sections adopted—Disposition of traffic infractions. The following sections of the Revised Code of Washington (RCW) pertaining to the disposition of traffic infractions as now or hereafter amended are hereby adopted by such reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.63.010,46.63.020,46.63.030,46.63.040, 46.63.060,46.63.070,46.63.073,46.63.075,46.63.080,46.63.090,46.63.100,46.63.110,46.63.120,46.63.130, 46.63.140,46.63.151,46.63.160,46.63.170, and 46.63.180. [Statutory Authority: RCW 46.90.010. WSR 15-24-085, § 308-330-700, filed 11/30/15, effective 12/31/15; WSR 11-20- 041, § 308-330-700, filed 9/28/11, effective 10/29/11; WSR 10-18-058, § 308-330-700, filed 8/30/10, effective 9/30/10; WSR 04-18-061, § 308-330-700, filed 8/27/04, effective 9/27/04; WSR 94-01-082, § 308-330-700, filed 12/13/93, effective 7/1/94.] 308-330-705 RCW sections adopted—Enforcement. The following sections of the Revised Code of Washington (RCW) pertaining to traffic enforcement agencies as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.64.010,46.64.015,46.64.025,46.64.030,46.64.035, 46.64.048,46.64.050, and 46.64.055. [Statutory Authority: RCW 46.90.010. WSR 04-18-061, § 308-330-705, filed 8/27/04, effective 9/27/04; WSR 02-04-075, § 308-330-705, filed 2/1/02, effective 3/4/02; WSR 94-01-082, § 308-330-705, filed 12/13/93, effective 7/1/94.] 28 of 29 308-330-710 Penalties. Unless another penalty is expressly provided by law, any person found to have committed an act designated a traffic infraction under the provisions of these rules shall be punished by a penalty of not more than two hundred fifty dollars. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-710, filed 12/13/93, effective 7/1/94.] 308-330-720 Citation on illegally parked vehicle. Whenever any motor vehicle without driver is found parked, standing, or stopped in violation of this chapter, the officer finding such vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to such vehicle a traffic citation. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-720, filed 12/13/93, effective 7/1/94.] 308-330-730 Failure to comply with traffic citation attached to parked vehicle. If a violator of any provision of this chapter on stopping, standing, or parking does not appear in response to a traffic citation affixed to such motor vehicle within a period of five days, the clerk of the traffic court shall send to the owner of the motor vehicle to which the traffic citation was affixed a letter informing him/her of the violation and warning him/her that in the event such letter is disregarded for a period of five days, a warrant of arrest will be issued. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-730, filed 12/13/93, effective 7/1/94.] 308-330-740 Presumption in reference to illegal parking. (1) In any prosecution charging 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 complaint was at the time of such violation, the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred. (2) The foregoing stated presumption shall apply only when the procedure as prescribed in WAC 308-330- 720 and 308-330-730 has been followed. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-740, filed 12/13/93, effective 7/1/94.] 308-330-800 RCW sections adopted—Traffic control devices. The following sections of the Revised Code of Washington (RCW) pertaining to traffic control devices as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 47.36.005,47.36.060,47.36.110,47.36.141,47.36.180, 47.36.200,47.36.210,47.36.220,47.36.230, and 47.36.250. [Statutory Authority: RCW 46.90.010. WSR 04-18-061, § 308-330-800, filed 8/27/04, effective 9/27/04; WSR 97-10-068, § 308-330-800, filed 5/5/97, effective 6/5/97; WSR 94-01-082, § 308-330-800, filed 12/13/93, effective 7/1/94.] 29 of 29 308-330-810 RCW sections adopted—Limited access facilities. The following sections of the Revised Code of Washington (RCW) pertaining to limited access facilities as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 47.52.010,47.52.011,47.52.040,47.52.110, and 47.52.120. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-810, filed 12/13/93, effective 7/1/94.] 308-330-815 RCW sections adopted—Alcoholic beverage control. The following sections of the Revised Code of Washington (RCW) pertaining to drinking in public conveyance as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 66.44.240 and 66.44.250. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-815, filed 12/13/93, effective 7/1/94.] 308-330-820 RCW sections adopted—Guide and service dogs. The following sections of the Revised Code of Washington (RCW) pertaining to guide and service dogs as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 70.84.020,70.84.021, and 70.84.040. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-820, filed 12/13/93, effective 7/1/94.] 308-330-825 RCW sections adopted—Littering. The following section of the Revised Code of Washington (RCW) pertaining to littering as now or hereafter amended is hereby adopted by reference as a part of this chapter in all respects as though such section were set forth herein in full: RCW 70.93.030,70.93.050,70.93.060, and 70.93.097. [Statutory Authority: RCW 46.90.010. WSR 97-10-068, § 308-330-825, filed 5/5/97, effective 6/5/97; WSR 94-01-082, § 308-330-825, filed 12/13/93, effective 7/1/94.] 308-330-910 Uniformity of interpretation. This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those local authorities which enact it. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-910, filed 12/13/93, effective 7/1/94.] This page intentionally left blank. Agenda Item: Consent Calendar – 7L_ TO: City Council DATE: April 19, 2016 SUBJECT: Drug Forfeiture Funds – Amend Budget and Authorize Expenditure SUMMARY: Youth LINC is a program managed by the Suburban King County Coordinating Council on Gangs (SKCCCG) and the Center for Children & Youth Justice (CCYJ). Through the Youth LINC Program, SKCCCG delivers direct services to referred gang-invo lved youth in Kent through its Intervention Team. The Intervention Team process, goals and function adhere to the requirements of the federal Office of Juvenile Justice and Delinquency Prevention (OJJDP) Comprehensive Gang Model (CGM). In accordance with the OJJDP CGM, the Intervention Team serves to implement the social intervention and opportunities provision strategies of the CGM. Funds would be used to support education, outreach, and enforcement of drug-related activities in our community. In addition, a portion of the funds would be provided to community based organizations serving youth in Kent. Under state law, money and other assets derived from the illegal sale, delivery, or receipt of a controlled substance may be retained by the seizing law enforcement agency and used for the expansion and improvement of controlled substances-related law enforcement activity, though forfeited funds may not be used to supplant preexisting funding sources. The City’s Chief Prosecutor has advised that forfeiture funds may be used to support education, outreach, and enforcement of drug-related activities in the Kent community, including the efforts of SKCCG through Youth LINC and grants supporting youth education. Authorization is sought to amend the budget and authorize the expenditure of drug forfeiture funds as requested. EXHIBITS: 1) SKCCG Youth LINC PowerPoint Presentation 2) Youth LINC Intervention Team Overview 3) OJJDP CGM Overview 4) SKCCCG Full Overview RECOMMENDED BY: Operations Committee YEA: NAY: BUDGET IMPACTS: $175,000 to come from drug forfeiture funds MOTION: Amend the budget and authorize the Mayor to issue up to a total amount of $175,000 to the Suburban King County Coordinating Council on Gangs, in support of Youth LINC and grants to community-based organizations serving Kent youth, payable from funds seized and forfeited under the state’s drug forfeiture statutes; and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the Police Chief and the City Attorney. This page intentionally left blank. Agenda Item: Other Business – 8A_ TO: City Council DATE: April 19, 2016 SUBJECT: Ordinance Approving 2015 Internal Financing – 72nd Avenue South Improvements Project – Adopt SUMMARY: The Public Works Committee has requested that an internal financing for the Public Works 72nd Avenue South Improvements Project be brought before the Operations Committee for consideration. The estimated total cost for the project is $3,760,000. The funding for the project comes from four (4) sources: WA State Transportation Improvement Board grant ($1,182,420), Drainage District #1 matching contribution ($20,000), City matching contribution ($1,357,600), and the City of Kent Regional Fire Authority ($1,200,000). The City has entered into an interlocal agreement with the City of Kent Regional Fire Authority (RFA) whereby the RFA will remit to the City ten (10) annual payments of $120,000. Because of the timing of the RFA funding, it is necessary for the City to internally fund $1,000,000 of the project cost through an internal loan from the Sewerage Operating Fund. The $1,000,000 internal loan will be financed over eight (8) years and will include interest. The annual payments of $120,000 from the RFA will be applied to pay down the outstanding internal debt. Annual debt payments will be made by the Public Works Street Fund to the Sewerage fund as summarized and set forth in Exhibit A of the ordinance. Unless modified by the City Council, the term of the internal financing shall not exceed eight (8) years and the annual interest rate is to be the higher of 1.25% or the annualized interest rate earned on the investments in the LGIP (Local Government Investment Pool). The interest rate will be reviewed at the end of each fiscal year and the debt service recalculated if necessary. EXHIBITS: Ordinance RECOMMENDED BY: Operations Committee YEA: Boyce, Ralph, Thomas NAY: BUDGET IMPACTS: $1,000,000, plus annual debt service through 2024 MOTION: Adopt Ordinance No. , approving internal financing for the 72nd Avenue South Improvements Project in an amount not to exceed $1,000,000 and to be repaid over an eight year repayment schedule. This page intentionally left blank. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, approving internal financing for the 72nd Avenue South Improvements Project not to exceed $1,000,000 and, to be repaid over an eight (8) year repayment schedule. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. Internal Financing. The City Council approves the internal funding for the 72nd Avenue South Improvements Project to come from the following source and amount: Sewerage Operating Fund: $1,000,000 The $1,000,000 internal loan will be internally financed over eight (8) years and will include interest. Repayment. The City and the City of Kent Regional Fire Authority (RFA) have entered into an Interlocal Agreement (ILA) where the RFA will remit to the City ten annual payments of not less than $120,000 beginning in 2016. The payments from the RFA to the City are to be used to fund a 1 2016 Internal Financing 72nd Avenue South Project portion of the cost of the 72nd Avenue South Improvements project as outlined in the ILA. The total cost of the project is estimated to be $3,760,000. The annual payments of $120,000 from the RFA will be applied to pay down the outstanding internal debt. Annual debt payments will be made by the Public Works Street Fund to the Sewerage fund as summarized and set forth in Exhibit A, which is attached and incorporated into this ordinance. Financing Terms. Unless modified by the City Council, the term of the internal financing shall not exceed eight (8) years and the annual interest rate is to be the higher of 1.25% or the annualized interest rate earned on the investments in the LGIP (Local Government Investment Pool). The interest rate will be reviewed at the end of each fiscal year and the debt service recalculated if necessary. SECTION 2. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and that remaining portion shall maintain its full force and effect. SECTION 3. – Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 4. – Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. 2 2016 Internal Financing 72nd Avenue South Project SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2016. APPROVED: day of , 2016. PUBLISHED: day of , 2016. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK 3 2016 Internal Financing 72nd Avenue South Project EXHIBIT A Internal Note Funding of 72nd Street Improvements Project Interfund Note from Drainage Fund to General Fund Repayment Schedule Original Principal Amount 1,000,000.00$ Interest Rate 1 1.25% Loan Years 8 Note Dated 3/1/2016 Maturity 12/31/2024 Payments $120,000.00 Date Beginning Balance Estimated/ Actual Interest Estimated/ Actual Principal Total Payment New Balance 12/31/2016 1,000,000.00$ 12,500.00 107,500.00 120,000.00 892,500.00 12/31/2017 892,500.00 11,156.25 108,843.75 120,000.00 783,656.25 12/31/2018 783,656.25 9,795.70 110,204.30 120,000.00 673,451.95 12/31/2019 673,451.95 8,418.15 111,581.85 120,000.00 561,870.10 12/31/2020 561,870.10 7,023.38 112,976.62 120,000.00 448,893.48 12/31/2021 448,893.48 5,611.17 114,388.83 120,000.00 334,504.65 12/31/2022 334,504.65 4,181.31 115,818.69 120,000.00 218,685.96 12/31/2023 218,685.96 2,733.57 117,266.43 120,000.00 101,419.53 12/31/2024 101,419.53 1,267.74 101,419.53 102,687.27 - 62,687.27 1,000,000.00 1,062,687.27 Notes: The Kent Regional Fire Authority is to pay the City $120,000 per year for 10 years to fund their portion of this project. These funds will be used to repay this loan. 1 The annual interest rate is to be the higher of 1.25% or the annualized interest rate earned on the investments in the LGIP (State investment pool). The inteerest rate will be reveiwed at the end of each fiscal year and the debt service recalculated if necessary. 4 2016 Internal Financing 72nd Avenue South Project Agenda Item: Other Business – 8B_ TO: City Council DATE: April 19, 2016 SUBJECT: 2016 LTGO Bond Refunding Ordinance – Adopt SUMMARY: The Finance Department has been working with our financial advisor, Piper Jaffray & Co, and Bond Counsel, Pacifica Law Group LLP, to refund the City’s 2008A General Obligations bonds. Additionally, in participation with the City of Kent Public Facility District (PFD) and its Bond Counsel, Foster Pepper PLLC, the City and PFD are working jointly to refund the PFD’s 2008 sales tax bonds (Sales Tax Bonds). The City will be refunding the Sales Tax Bonds at the PFD Board’s request. This action will formally incorporate the Sales Tax Bonds onto the City’s books. However, the City already includes these bonds in our bond capacity, accounts for the City’s portion of the outstanding obligation of the bonds on our financial statements per GASB (Governmental Accounting Standards Board) rules, and budgets the City’s annual estimated obligation for debt service. In 2008 the PFD sold $63,280,000 in bonds - $10,130,000 of taxable revenue bonds and $53,150,000 in tax exempt Sales Tax Bonds. The City, with cooperation of the PFD, is refunding only the tax exempt Sales Tax Bonds. The taxable bonds are not impacted. When the PFD bonds were sold, the City and the PFD entered into a Contingent Loan and Support Agreement. That agreement will remain intact until final maturity (2020) of the taxable revenue bonds. Through the adoption of this ordinance, the City will approve a new Interlocal Financing Agreement (Exhibit B) between the City and the PFD. This agreement essentially duplicates the language in the current Contingent Loan and Support Agreement except that it reverses the flow of cash between the City and PFD. The new financing agreement ensures that the sales taxes collected by the PFD will be used to help pay for the debt service on the portion of the City’s bonds used to refund and Sales Tax Bonds. The bond market fluctuates and therefore the most favorable market conditions may occur on a day other than a regular meeting of the Council. The refunding ordinance MOTION: Adopt Ordinance No. , providing for the issuance of one or more series of limited tax general obligation refunding bonds in an aggregate principal amount not to exceed $80,000,000, to refund certain outstanding city limited tax general obligation bonds, to refund certain outstanding sales tax bonds of the City of Kent Special Events Center Public Facilities District, and to pay costs of issuing the bonds; providing the form and terms of the bonds; authorizing and approving an interlocal agreement between the City and the District and delegating the authority to approve the final terms of the bonds, and enter into the interlocal agreement, subject to the approval of final terms by the City’s Finance Director and City Attorney. allows for the designated representative to approve the final refunding as long as the following conditions are met: - The aggregate principal amount of the Bonds does not exceed $80M; - The final maturity date is no later than December 1, 2037; - Each series of Bonds are sold in the aggregate at a price not less than 97% and not greater than 130%; - Any Bonds sold for the purpose of refunding must result in a minimum net present value savings of at least 3.00%; - The true interest cost for each series of Bonds, in the aggregate, does not exceed 4.00%; - Any refunding must take place before December 31, 2016. The refunding ordinance requires that the Finance Director provide a report to the Council describing the final terms of the refunding(s). The scheduled closing date on the refundings is June 2, 2016. EXHIBITS: Ordinance RECOMMENDED BY: Operations Committee YEA: Boyce, Ralph, Thomas NAY: BUDGET IMPACTS: Current estimates (February 2016) on the refundings are a net present value savings of $7,569,510 or 10.80% on the refunded bonds, and a true interest cost of 3.11%. 10069 00012 fb246r088p NO. _______ AN ORDINANCE OF THE CITY OF KENT, WASHINGTON, PROVIDING FOR THE ISSUANCE OF ONE OR MORE SERIES OF LIMITED TAX GENERAL OBLIGATION REFUNDING BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $80,000,000 TO REFUND CERTAIN OUTSTANDING LIMITED TAX GENERAL OBLIGATION BONDS OF THE CITY, TO REFUND CERTAIN OUTSTANDING SPECIAL EVENTS CENTER SALES TAX BONDS, 2008 OF THE CITY OF KENT SPECIAL EVENTS CENTER PUBLIC FACILITIES DISTRICT, AND TO PAY COSTS OF ISSUING THE BONDS; PROVIDING THE FORM AND TERMS OF THE BONDS; DELEGATING THE AUTHORITY TO APPROVE THE FINAL TERMS OF THE BONDS; AND APPROVING CERTAIN MATTERS RELATED THERETO. PASSED: April 19, 2016 PREPARED BY: PACIFICA LAW GROUP LLP Seattle, Washington 10069 00012 fb246r088p CITY OF KENT ORDINANCE NO. ____________ TABLE OF CONTENTS* Page SECTION 1. - Definitions and Interpretation of Terms ...................................... 4 SECTION 2. - Authorization of Bonds and Bond Details .................................. 12 SECTION 3. - Registration, Exchange and Payments ....................................... 13 SECTION 4. - Redemption Prior to Maturity and Purchase of Bonds ............................................................................................................. 19 SECTION 5. - Form of Bonds ...................................................................................... 24 SECTION 6. - Execution of Bonds ............................................................................ 24 SECTION 7. - Refunding Plan; Application of Bond Proceeds ............................................................................................................. 25 SECTION 8. - Tax Covenants ..................................................................................... 28 SECTION 9. - Bond Fund and Provision for Tax Levy Payments ........................................................................................................... 30 SECTION 10. - Defeasance ............................................................................................ 32 SECTION 11. - Sale of Bonds ....................................................................................... 33 SECTION 12. - Undertaking to Provide Ongoing Disclosure ............................. 36 SECTION 13. - Lost, Stolen or Destroyed Bonds .................................................. 41 SECTION 14. - Severability; Ratification.................................................................. 41 SECTION 15. - Corrections by City Clerk or Code Reviser ................................ 41 SECTION 16. - Effective Date of Ordinance ............................................................ 42 Exhibit A – Form of Bond Exhibit B – Form of Interlocal Financing Agreement * This Table of Contents is provided for convenience only and is not a part of this ordinance. -i- 10069 00012 fb246r088p CITY OF KENT, WASHINGTON ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF KENT, WASHINGTON, PROVIDING FOR THE ISSUANCE OF ONE OR MORE SERIES OF LIMITED TAX GENERAL OBLIGATION REFUNDING BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $80,000,000 TO REFUND CERTAIN OUTSTANDING LIMITED TAX GENERAL OBLIGATION BONDS OF THE CITY, TO REFUND CERTAIN OUTSTANDING SPECIAL EVENTS CENTER SALES TAX BONDS, 2008 OF THE CITY OF KENT SPECIAL EVENTS CENTER PUBLIC FACILITIES DISTRICT, AND TO PAY COSTS OF ISSUING THE BONDS; PROVIDING THE FORM AND TERMS OF THE BONDS; DELEGATING THE AUTHORITY TO APPROVE THE FINAL TERMS OF THE BONDS; AND APPROVING CERTAIN MATTERS RELATED THERETO. RECITALS A. The City of Kent, Washington (the “City”) has outstanding its Limited Tax General Obligation Bonds, 2008A, issued pursuant to Ordinance No. 3889 passed by the City Council (the “Council”) on August 19, 2008 (the “2008A Bond Ordinance”), which remain outstanding in the aggregate principal amount of $19,265,000 (the “2008A Bonds”); and B. The 2008A Bond Ordinance provides that the City may call the 2008A Bonds maturing on or after December 1, 2019 for redemption -1- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p on or after December 1, 2018, in whole or in part at any time, at a price of par plus accrued interest, if any, to the date of redemption; and C. After due consideration it appears to the Council that all or a portion of the 2008A Bonds maturing on or after December 1, 2019 (as further defined herein, the “Refunded 2008A Bonds”) may be defeased and refunded by the proceeds of limited tax general obligation refunding bonds at a savings to the City and its taxpayers; and D. Pursuant to chapter 35.57 of the Revised Code of Washington (“RCW”) and Ordinance No. 3852 passed by the Council on August 7, 2007, the City created the City of Kent Special Events Center Public Facilities District (the “District”) as a separate municipal corporation for the purpose of acquiring, constructing, and maintaining a regional center as defined in RCW 35.57.020; and E. Pursuant to Resolution No. 2008-2 adopted by the Board of Directors (the “Board”) of the District on February 20, 2008 (the “District Bond Resolution”), the District issued its Special Events Center Sales Tax Bonds, 2008 which currently remain outstanding in the aggregate principal amount of $53,150,000 (the “Sales Tax Bonds”) to finance the acquisition and construction of a multi-purpose arena for hockey and other public uses, together with related parking facilities (the "Special Events Center"); and F. The principal of and interest on the Sales Tax Bonds are payable from revenues of a sales and use tax (the “Sales Tax”) imposed by the District pursuant to Resolution No. 2007-1 adopted by the Board on -2- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p September 14, 2007 and authorized by RCW 35.57.040(1)(d) and RCW 82.14.390 (the “Sales Tax Revenue”), and other revenues of the Special Events Center pledged therefor; and G. The principal of and interest on the Sales Tax Bonds is also payable from and secured by amounts received by the District under the terms of the Contingent Loan and Support Agreement Regarding Financing for Kent Special Events Center dated February 20, 2008 between the City and the District (the “Contingent Loan Agreement”), pursuant to which the City agreed to make loans to the District in the event that the District did not have on deposit sufficient Sales Tax Revenue or other available revenues of the Special Events Center to pay any scheduled payment of principal of or interest on the Sales Tax Bonds; and H. The obligation of the City under the Contingent Loan Agreement to make loans to the District in the amounts and at the times specified therein is an absolute and unconditional obligation of the City, secured by the full faith, credit and resources of the City; and I. The District Bond Resolution provides that the District may call the Sales Tax Bonds for redemption on or after June 1, 2018, on any date, at a price of par plus accrued interest, if any, to the date of redemption; and J. After due consideration it appears to the Council that all of the outstanding Sales Tax Bonds (the “Refunded Sales Tax Bonds”) may be defeased and refunded with proceeds of limited tax general obligation refunding bonds issued by the City for debt service savings; and -3- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p K. The Board has or will adopt a resolution authorizing the defeasance and redemption of the Sales Tax Bonds with proceeds of limited tax general obligation refunding bonds issued by the City; and L. The Council deems it in the best interest of the City to issue one or more series of limited tax general obligation refunding bonds in the aggregate principal amount of not to exceed $80,000,000 (the “Bonds”) to redeem and defease the Refunded 2008A Bonds and the Refunded Sales Tax Bonds and to pay costs of issuing the Bonds and administrative costs of the refundings; and M. The Council wishes to delegate authority to the Mayor (the “Designated Representative”), for a limited time, to approve the interest rates, maturity dates, redemption terms and principal maturities for each series of Bonds within the parameters set by this ordinance; and N. The City expects to receive a proposal from KeyBanc Capital Markets Inc. (the “Underwriter”) and now desires to authorize the acceptance of such proposal and the issuance and sale of the Bonds to the Underwriter as set forth herein; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. - Definitions and Interpretation of Terms. (a) Definitions. As used in this ordinance, the following words shall have the following meanings: Acquired Obligations means the Government Obligations acquired by the City under the terms of this ordinance and the Escrow Agreement -4- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p to effect the defeasance and refunding of the Refunded Bonds, but only to the extent that the same are acquired at Fair Market Value. Beneficial Owner means any person that has or shares the power, directly or indirectly, to make investment decisions concerning ownership of any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries). Board means the Board of Directors of the District. Bond Counsel means Pacifica Law Group LLP or an attorney at law or a firm of attorneys, selected by the City, of nationally recognized standing in matters pertaining to the tax-exempt nature of interest on bonds issued by states and their political subdivisions. Bond Fund means the “City of Kent Limited Tax General Obligation Bond Debt Service Fund.” Bond Purchase Contract means the contract for the purchase of the Bonds between the Underwriter and the City, executed pursuant to Section 11. Bond Register means the registration books showing the name, address and tax identification number of each Registered Owner of the Bonds, maintained pursuant to Section 149(a) of the Code. Bond Registrar means, initially, the fiscal agent of the State of Washington, for the purposes of registering and authenticating each series of Bonds, maintaining the Bond Register, effecting transfer of ownership of the Bonds and paying interest on and principal of the Bonds. -5- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p Bonds mean the not to exceed $80,000,000 aggregate principal amount of City of Kent, Washington, Limited Tax General Obligation Refunding Bonds, 2016, authorized to be issued in one or more series pursuant to this ordinance. Call Date means the dates specified in the Escrow Deposit Agreement for the refunding of each series of the Refunded Bonds. Chief Administrative Officer means the Chief Administrative Officer of the City or the successor to such officer. City means the City of Kent, Washington, a municipal corporation duly organized and existing under and by virtue of the Constitution and laws of the State of Washington. Code means the Internal Revenue Code of 1986 as in effect on the date of issuance of the Bonds or (except as otherwise referenced herein) as it may be amended to apply to obligations issued on the date of issuance of the Bonds, together with applicable proposed, temporary and final regulations promulgated, and applicable official public guidance published, under the Code. Commission means the Securities and Exchange Commission. Contingent Loan Agreement means the Contingent Loan and Support Agreement Regarding Financing for the Kent Special Events Center between the City and the District dated February 20, 2008, as it may be amended from time to time. Council or City Council means the legislative body of the City as duly and regularly constituted from time to time. -6- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p Designated Representative means the City Mayor, or his or her designee. If the Mayor is absent or otherwise unavailable and has not designated another representative, the Mayor Pro Tempore of the City, or his or her designee, shall serve as the Designated Representative. District means the City of Kent Special Events Center Public Facilities District, established by the City under chapter 35.57 RCW. District Bond Resolution means Resolution No. 2008-2 adopted by the Board of the District on February 20, 2008 authorizing the issuance of the Sales Tax Bonds. DTC means The Depository Trust Company, New York, New York, a limited purpose trust company organized under the laws of the State of New York, as depository for the Bonds pursuant to Section 3. Escrow Agent means U.S. Bank National Association, Seattle, Washington. Escrow Deposit Agreement means the Escrow Deposit Agreement(s) between the City, the Escrow Agent, and the District (with respect to the Refunded Sales Tax Bonds) to be dated as of the date of closing of a series of Bonds. Fair Market Value means the price at which a willing buyer would purchase the investment from a willing seller in a bona fide, arm’s length transaction (determined as of the date the contract to purchase or sell the investment becomes binding) if the investment is traded on an established securities market (within the meaning of Section 1273 of the Code) and, otherwise, the term “Fair Market Value” means the acquisition price in a -7- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p bona fide arm’s length transaction (as referenced above) if (i) the investment is a certificate of deposit that is acquired in accordance with applicable regulations under the Code, (ii) the investment is an agreement with specifically negotiated withdrawal or reinvestment provisions and a specifically negotiated interest rate (for example, a guaranteed investment contract, a forward supply contract or other investment agreement) that is acquired in accordance with applicable regulations under the Code, (iii) the investment is a United States Treasury Security--State and Local Government Series that is acquired in accordance with applicable regulations of the United States Bureau of Public Debt, or (iv) any commingled investment fund in which the City and related parties do not own more than a 10% beneficial interest therein if the return paid by the fund is without regard to the source of the investment. To the extent required by the applicable regulations under the Code, the term “investment” will include a hedge. Federal Tax Certificate means the certificate executed by the Finance Director setting forth the requirements of the Code for maintaining the tax exemption of interest on the Bonds to be dated as of the date of closing for a series of Bonds, and attachments thereto. Finance Director means the Finance Director of the City or the successor to such officer. Financing Agreement means the Interlocal Financing Agreement between the City and the District, substantially in the form attached hereto in Exhibit B, as it may be amended from time to time. -8- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p Government Obligations means those obligations now or hereafter defined as such in chapter 39.53 RCW, as this chapter may be hereafter amended or restated. Letter of Representations means the Blanket Issuer Letter of Representations from the City to DTC, as amended from time to time. Mayor means the duly appointed and acting Mayor of the City or the successor to the duties of that office. MSRB means the Municipal Securities Rulemaking Board or any successors to its functions. Official Statement means the disclosure documents prepared and delivered in connection with the issuance of the Bonds. Refunded Bonds mean the Refunded 2008A Bonds and the Refunded Sales Tax Bonds. Refunded Sales Tax Bonds mean the outstanding Sales Tax Bonds maturing on or after December 1, 2020 designated by the Designated Representative for defeasance and/or refunding pursuant to Section 7 and Section 11. Refunded 2008A Bonds mean all or a portion of the 2008A Bonds maturing on or after December 1, 2019, which are designated by the Designated Representative for defeasance and/or refunding pursuant to Section 7 and Section 11. Refunding Account means the account by that name established pursuant to Section 7. -9- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p Registered Owner means the person named as the registered owner of a Bond in the Bond Register. For so long as the Bonds are held in book- entry only form, DTC or its nominee shall be deemed to be the sole Registered Owner. Rule means the Commission’s Rule 15c2-12 under the Securities Exchange Act of 1934, as the same may be amended from time to time. Sales Tax means the sales and use taxes imposed by the District pursuant to Resolution No. 2007-1 of the Board adopted on September 14, 2007 and authorized by RCW 35.57.040(1)(d) and RCW 82.14.390 at the rate of 0.037% of the selling price (in the case of a sales tax) or the value of the article used (in the case of a use tax). Sales Tax Bonds mean the District’s Special Events Center Sales Tax Bonds, 2008 issued pursuant to the District Bond Resolution as described in the recitals of this ordinance. Sales Tax Revenue means all the money received by the District from the Washington State Department of Revenue on account of the Sales Tax imposed by and collected for the District. Special Events Center means the land, real property improvements, buildings, facilities, fixtures, equipment, support facilities and related parking facilities comprising a special events center of approximately 153,000 square feet, including an ice arena, as such facilities may be expanded from time to time, located in the City and constituting a "regional center" within the meaning of chapter 35.57 RCW, as it may be amended from time to time. -10- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p Special Events Center Revenues has the meaning set forth in the Financing Agreement, and includes all revenue, earnings, and money received by the City from or on account of the operation and/or ownership of the Special Events Center, including but not limited to license fees, facility fees, concession revenues, advertising revenues, suite license revenues, club seat revenues, parking revenues, and naming rights revenues. 2008A Bond Ordinance means Ordinance No. 3889 adopted by the Council on August 19, 2008 authorizing the issuance of the 2008A Bonds. 2008A Bonds mean the City of Kent, Washington, Limited Tax General Obligation Bonds, 2008A issued pursuant to the 2008A Bond Ordinance as described in the recitals of this ordinance. Underwriter means KeyBanc Capital Markets Inc., or its successors. (b) Interpretation. In this ordinance, unless the context otherwise requires: (1) The terms “hereby,” “hereof,” “hereto,” “herein,” “hereunder” and any similar terms, as used in this ordinance, refer to this ordinance as a whole and not to any particular article, section, subdivision or clause hereof, and the term “hereafter” shall mean after, and the term “heretofore” shall mean before, the date of this ordinance; (2) Words of the masculine gender shall mean and include correlative words of the feminine and neuter genders and words importing the singular number shall mean and include the plural number and vice versa; -11- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p (3) Words importing persons shall include firms, associations, partnerships (including limited partnerships), trusts, corporations and other legal entities, including public bodies, as well as natural persons; (4) Any headings preceding the text of the several articles and sections of this ordinance, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this ordinance, nor shall they affect its meaning, construction or effect; and (5) All references herein to “articles,” “sections” and other subdivisions or clauses are to the corresponding articles, sections, subdivisions or clauses hereof. SECTION 2. - Authorization of Bonds and Bond Details. For the purpose of refunding the Refunded Bonds and paying costs of issuance of the Bonds and the administrative costs of the refunding, the City is hereby authorized to issue and sell one or more series of limited tax general obligation refunding bonds in the aggregate principal amount of not to exceed $80,000,000 (the “Bonds”). The Bonds of each series shall be general obligations of the City, shall be designated “City of Kent, Washington, Limited Tax General Obligation Refunding Bonds, 2016” with other such designation as set forth in the Bond Purchase Contract and approved by the Designated Representative. -12- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p The Bonds may be sold in one or more series, with each series dated the date of its initial delivery. The Bonds of each series shall be fully registered as to both principal and interest, shall be in the denomination of $5,000 each or any integral multiple thereof within a maturity, shall be numbered separately in the manner and with any additional designation as the Bond Registrar deems necessary for purposes of identification and control, and shall bear interest payable on the dates set forth in the Bond Purchase Contract. The Bonds shall bear interest at the rates set forth in the Bond Purchase Contract; and shall mature on the dates and in the principal amounts set forth in the Bond Purchase Contract and as approved by a Designated Representative pursuant to Section 11. SECTION 3. - Registration, Exchange and Payments. (a) Bond Registrar/Bond Register. The City hereby specifies and adopts the system of registration approved by the Washington State Finance Committee from time to time through the appointment of the state fiscal agent. The City shall cause a Bond Register to be maintained by the Bond Registrar. So long as any Bonds remain outstanding, the Bond Registrar shall make all necessary provisions to permit the exchange or registration or transfer of Bonds at its designated office. The Bond Registrar may be removed at any time at the option of the Finance Director upon prior notice to the Bond Registrar and a successor Bond Registrar appointed by the Finance Director. No resignation or removal of the Bond Registrar shall be effective until a successor shall have been -13- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p appointed and until the successor Bond Registrar shall have accepted the duties of the Bond Registrar hereunder. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of such Bonds and this ordinance and to carry out all of the Bond Registrar’s powers and duties under this ordinance. The Bond Registrar shall be responsible for its representations contained in the Certificate of Authentication of the Bonds. (b) Registered Ownership. The City and the Bond Registrar, each in its discretion, may deem and treat the Registered Owner of each Bond of each series as the absolute owner thereof for all purposes (except as provided in Section 12 of this ordinance), and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. Payment of any such Bond shall be made only as described in Section 3(g), but such Bond may be transferred as herein provided. All such payments made as described in Section 3(g) shall be valid and shall satisfy and discharge the liability of the City upon such Bond to the extent of the amount or amounts so paid. (c) DTC Acceptance/Letters of Representations. The Bonds initially shall be held in fully immobilized form by DTC acting as depository. Neither the City nor the Bond Registrar will have any responsibility or obligation to DTC participants or the persons for whom they act as nominees (or any successor depository) with respect to the Bonds in respect of the accuracy of any records maintained by DTC (or any successor depository) or any DTC participant, the payment by DTC (or -14- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p any successor depository) or any DTC participant of any amount in respect of the principal of or interest on Bonds, any notice which is permitted or required to be given to Registered Owners under this ordinance (except such notices as shall be required to be given by the City to the Bond Registrar or to DTC, or any successor depository), or any consent given or other action taken by DTC (or any successor depository) as the Registered Owner. For so long as any Bonds are held in fully immobilized form by a depository, DTC or its successor depository shall be deemed to be the Registered Owner for all purposes hereunder, and all references herein to the Registered Owners shall mean DTC (or any successor depository) or its nominee and shall not mean the owners of any beneficial interest in such Bonds. (d) Use of Depository. (1) The Bonds shall be registered initially in the name of “Cede & Co.”, as nominee of DTC, with one Bond maturing on each of the maturity dates for the Bonds within a series in a denomination corresponding to the total principal therein designated to mature on such date. Registered ownership of such Bonds, or any portions thereof, may not thereafter be transferred except (A) to any successor of DTC or its nominee, provided that any such successor shall be qualified under any applicable laws to provide the service proposed to be provided by it; (B) to any substitute depository appointed by the Finance Director pursuant to subsection (2) below or such substitute depository’s successor; or (C) to any person as provided in subsection (4) below. -15- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p (2) Upon the resignation of DTC or its successor (or any substitute depository or its successor) from its functions as depository or a determination by the Finance Director to discontinue the system of book entry transfers through DTC or its successor (or any substitute depository or its successor), the Finance Director may hereafter appoint a substitute depository. Any such substitute depository shall be qualified under any applicable laws to provide the services proposed to be provided by it. (3) In the case of any transfer pursuant to clause (A) or (B) of subsection (1) above, the Bond Registrar shall, upon receipt of all outstanding Bonds of a series, together with a written request on behalf of the Finance Director, issue a single new Bond for each maturity of a series then outstanding, registered in the name of such successor or such substitute depository, or their nominees, as the case may be, all as specified in such written request of the Finance Director. (4) In the event that (A) DTC or its successor (or substitute depository or its successor) resigns from its functions as depository, and no substitute depository can be obtained, or (B) the Finance Director determines that it is in the best interest of the beneficial owners of the Bonds that such owners be able to obtain physical Bond certificates, the ownership of such Bonds may then be transferred to any person or entity as herein provided, and such Bonds shall no longer be held by a depository. The Finance Director shall deliver a written request to the Bond Registrar, together with a supply of physical Bonds, to issue Bonds as herein provided in any authorized denomination. Upon receipt -16- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p by the Bond Registrar of all then outstanding Bonds of a series together with a written request on behalf of the Finance Director to the Bond Registrar, new Bonds of such series shall be issued in the appropriate denominations and registered in the names of such persons as are requested in such written request. (e) Registration of Transfer of Ownership or Exchange; Change in Denominations. The transfer of any Bond may be registered and Bonds may be exchanged, but no transfer of any such Bond shall be valid unless it is surrendered to the Bond Registrar with the assignment form appearing on such Bond duly executed by the Registered Owner or such Registered Owner’s duly authorized agent in a manner satisfactory to the Bond Registrar. Upon such surrender, the Bond Registrar shall cancel the surrendered Bond and shall authenticate and deliver, without charge to the Registered Owner or transferee therefor, a new Bond (or Bonds at the option of the new Registered Owner) of the same date, maturity, series, and interest rate and for the same aggregate principal amount in any authorized denomination, naming as Registered Owner the person or persons listed as the assignee on the assignment form appearing on the surrendered Bond, in exchange for such surrendered and cancelled Bond. Any Bond may be surrendered to the Bond Registrar and exchanged, without charge, for an equal aggregate principal amount of Bonds of the same date, maturity, series, and interest rate, in any authorized denomination. The Bond Registrar shall not be obligated to register the -17- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p transfer or to exchange any Bond during the 15 days preceding any principal payment date any such Bond is to be redeemed. (f) Bond Registrar’s Ownership of Bonds. The Bond Registrar may become the Registered Owner of any Bond with the same rights it would have if it were not the Bond Registrar, and to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as a member of, or in any other capacity with respect to, any committee formed to protect the right of the Registered Owners of Bonds. (g) Place and Medium of Payment. Both principal of and interest on the Bonds shall be payable in lawful money of the United States of America. Interest on the Bonds shall be calculated on the basis of a year of 360 days and twelve 30-day months. For so long as all Bonds are held by a depository, payments of principal and interest thereon shall be made as provided in accordance with the operational arrangements of DTC referred to in the Letter of Representations. In the event that the Bonds are no longer held by a depository, interest on the Bonds shall be paid by check or draft mailed to the Registered Owners at the addresses for such Registered Owners appearing on the Bond Register on the fifteenth day of the month preceding the interest payment date, or upon the written request of a Registered Owner of more than $1,000,000 of Bonds (received by the Bond Registrar at least 15 days prior to the applicable payment date), such payment shall be made by the Bond Registrar by wire transfer to the account within the United States designated by the Registered Owner. Principal of the Bonds shall be payable upon -18- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p presentation and surrender of such Bonds by the Registered Owners at the designated office of the Bond Registrar. If any Bond shall be duly presented for payment and funds have not been duly provided by the City on such applicable date, then interest shall continue to accrue thereafter on the unpaid principal thereof at the rate stated on such Bond until it is paid. SECTION 4. - Redemption Prior to Maturity and Purchase of Bonds. (a) Mandatory Redemption of Term Bonds and Optional Redemption, if any. Each series of Bonds shall be subject to mandatory redemption to the extent, if any, set forth in the Bond Purchase Contract approved by the Designated Representative pursuant to Section 11. Each series of Bonds shall be subject to optional redemption on the dates, at the prices and under the terms set forth in the Bond Purchase Contract approved by the Designated Representative pursuant to Section 11. (b) Purchase of Bonds. The City reserves the right to purchase any of the Bonds offered to it at any time at a price deemed reasonable by the Finance Director. (c) Selection of Bonds for Redemption. For as long as the Bonds are held in book-entry only form, the selection of particular Bonds within a series and maturity to be redeemed shall be made in accordance with the operational arrangements then in effect at DTC. If the Bonds are no longer held in uncertificated form, the selection of such Bonds to be redeemed and the surrender and reissuance thereof, as applicable, shall be made as provided in the following provisions of this subsection (c). If -19- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p the City redeems at any one time fewer than all of the Bonds within a series having the same maturity date, the particular Bonds or portions of Bonds of such series and maturity to be redeemed shall be selected by lot (or in such manner determined by the Bond Registrar) in increments of $5,000. In the case of a Bond of a denomination greater than $5,000, the City and the Bond Registrar shall treat each Bond of such series and maturity as representing such number of separate Bonds each of the denomination of $5,000 as is obtained by dividing the actual principal amount of such Bond of such series and maturity by $5,000. In the event that only a portion of the principal sum of a Bond is redeemed, upon surrender of such Bond at the designated office of the Bond Registrar there shall be issued to the Registered Owner, without charge therefor, for the then unredeemed balance of the principal sum thereof, at the option of the Registered Owner, a Bond or Bonds of like maturity, series, and interest rate in any of the denominations herein authorized. (d) Notice of Redemption. (1) Official Notice. For so long as the Bonds are held in uncertificated form, notice of redemption (which notice may be conditional) shall be given in accordance with the operational arrangements of DTC as then in effect, and neither the City nor the Bond Registrar will provide any notice of redemption to any Beneficial Owners. Thereafter (if the Bonds are no longer held in uncertificated form), notice of redemption shall be given in the manner hereinafter provided. Unless waived by any owner of Bonds to be redeemed, official notice of any such -20- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p redemption shall be given by the Bond Registrar on behalf of the City by mailing a copy of an official redemption notice by first class mail at least 20 days and not more than 60 days prior to the date fixed for redemption to the Registered Owner of the Bond or Bonds to be redeemed at the address shown on the Bond Register or at such other address as is furnished in writing by such Registered Owner to the Bond Registrar. All official notices of redemption shall be dated and shall state: (A) the redemption date, (B) the redemption price, (C) if fewer than all outstanding Bonds are to be redeemed, the identification by series and maturity (and, in the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed, (D) conditions to redemption; (E) that (unless such notice is conditional) on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption, and that interest thereon shall cease to accrue from and after said date, and (F) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the designated office of the Bond Registrar. On or prior to any redemption date, unless any condition to such redemption has not been satisfied or waived or notice of such redemption has been rescinded, the City shall deposit with the Bond Registrar an -21- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p amount of money sufficient to pay the redemption price of all the Bonds or portions of Bonds which are to be redeemed on that date. The City retains the right to rescind any redemption notice and the related optional redemption of Bonds by giving notice of rescission to the affected registered owners at any time on or prior to the scheduled redemption date. Any notice of optional redemption that is so rescinded shall be of no effect, and the Bonds for which the notice of optional redemption has been rescinded shall remain outstanding. (2) Effect of Notice; Bonds Due. If notice of redemption has been given and not rescinded, or if the conditions set forth in a conditional notice of redemption have been satisfied or waived, the Bonds or portions of Bonds to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and, if the Bond Registrar then holds sufficient funds to pay such Bonds at the redemption price, then from and after such date such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Bond Registrar at the redemption price. Installments of interest due on or prior to the redemption date shall be payable as herein provided for payment of interest. All Bonds which have been redeemed shall be canceled by the Bond Registrar and shall not be reissued. (3) Additional Notice. In addition to the foregoing notice, further notice shall be given by the City as set out below, but no defect in said further notice nor any failure to give all or any portion of such further -22- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p notice shall in any manner defeat the effectiveness of a call for redemption if notice thereof is given as above prescribed. Each further notice of redemption given hereunder shall contain the information required above for an official notice of redemption plus (A) the CUSIP numbers of all Bonds being redeemed; (B) the date of issue of the Bonds as originally issued; (C) the rate of interest borne by each Bond being redeemed; (D) the series and maturity date of each Bond being redeemed; and (E) any other descriptive information needed to identify accurately the Bonds being redeemed. Each further notice of redemption may be sent at least 20 days before the redemption date to each party entitled to receive notice pursuant to Section 12 and with such additional information as the City shall deem appropriate, but such mailings shall not be a condition precedent to the redemption of such Bonds. (4) Amendment of Notice Provisions. The foregoing notice provisions of this Section 4, including but not limited to the information to be included in redemption notices and the persons designated to receive notices, may be amended by additions, deletions and changes in order to maintain compliance with duly promulgated regulations and recommendations regarding notices of redemption of municipal securities. -23- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p SECTION 5. - Form of Bonds. The Bonds shall be in substantially the form set forth in Exhibit A, which is incorporated herein by this reference, with appropriate or necessary insertions, depending upon the omissions and variations as permitted or required hereby. SECTION 6. - Execution of Bonds. The Bonds of each series shall be executed on behalf of the City with the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the City Clerk and the seal of the City shall be impressed, imprinted or otherwise reproduced thereon. Only such Bonds as shall bear thereon a Certificate of Authentication in the form hereinbefore recited, manually executed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance. Such Certificate of Authentication shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered hereunder and are entitled to the benefits of this ordinance. In case either of the officers who shall have executed the Bonds shall cease to be an officer or officers of the City before the Bonds so signed shall have been authenticated or delivered by the Bond Registrar, or issued by the City, such Bonds may nevertheless be authenticated, delivered and issued and upon such authentication, delivery and issuance, shall be as binding upon the City as though those who signed the same had continued to be such officers of the City. Any Bond may be signed and attested on behalf of the City by such persons who at the date of the -24- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p actual execution of such Bond, are the proper officers of the City, although at the original date of such Bond any such person shall not have been such officer of the City. SECTION 7. - Refunding Plan; Application of Bond Proceeds. (a) Refunding Plan. For the purpose of realizing a debt service savings, upon the issuance of the Bonds, the City shall loan a portion of the proceeds of the Bonds to the District pursuant to the terms of the Financing Agreement for the purpose of refunding the Refunded Sales Tax Bonds and paying costs of issuance allocable to that portion of the Bonds and administrative costs of the refunding. Such portion of the proceeds of the Bonds shall be deposited, on behalf of the District, with the Escrow Agent pursuant to the Escrow Deposit Agreement, to be used immediately upon receipt thereof to defease the Refunded Sales Tax Bonds as authorized by the District Bond Resolution and to pay costs of issuance allocable to that portion of the Bonds and administrative costs of the refunding. For the purpose of realizing a debt service savings, the City also proposes to defease and refund the Refunded 2008A Bonds as set forth herein. The Refunded 2008A Bonds shall include all or a portion of the 2008A Bonds maturing on or after December 1, 2019, which are designated by the Designated Representative for refunding and set forth in the Bond Purchase Contract. A portion of the proceeds of the Bonds shall be deposited with the Escrow Agent pursuant to the Escrow Deposit Agreement to be used immediately upon receipt thereof to defease the -25- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p Refunded 2008A Bonds as authorized by the 2008A Bond Ordinance and to pay costs of issuance allocable to that portion of the Bonds and administrative costs of the refunding. The proceeds of the Bonds deposited with the Escrow Agent shall be used to defease the Refunded Bonds and discharge the obligations thereon by the purchase of Acquired Obligations bearing such interest and maturing as to principal and interest in such amounts and at such times which, together with any necessary beginning cash balance, will provide for the payment of: (1) interest on the Refunded Bonds as such becomes due on and prior to the applicable Call Date; and (2) the redemption price (100% of the principal amount) of the Refunded Bonds on the applicable Call Date. Such Acquired Obligations shall be purchased at a yield not greater than the yield permitted by the Code and regulations relating to acquired obligations in connection with refunding bond issues. (b) Escrow Agent/Escrow Deposit Agreement. The City hereby appoints U.S. Bank National Association, Seattle, Washington, as the Escrow Agent for the Refunded Bonds. A beginning cash balance, if any, and the Acquired Obligations shall be deposited irrevocably with the Escrow Agent in an amount sufficient to defease the Refunded Bonds. The proceeds of the Bonds remaining after acquisition of the Acquired Obligations and provision for the necessary beginning cash balance shall be utilized to pay expenses of the acquisition and safekeeping of the -26- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p Acquired Obligations and costs of issuance of the Bonds and the administrative costs of the refunding. In order to carry out the purposes of this Section 7, the Finance Director is authorized and directed to execute and deliver to the Escrow Agent, one or more Escrow Deposit Agreements. (c) Call for Redemption of Refunded Bonds. The City hereby sets aside sufficient funds out of the purchase of Acquired Obligations from proceeds of the Bonds to make the payments described above. The City hereby directs the District and the Escrow Agent to call the Refunded Sales Tax Bonds for redemption on their Call Date in accordance with the provisions of the District Bond Resolution authorizing the redemption and retirement of the Refunded Sales Tax Bonds prior to their stated maturity dates. The City further calls the Refunded 2008A Bonds for redemption on their Call Date in accordance with the provisions of the 2008A Bond Ordinance authorizing the redemption and retirement of the 2008A Bonds prior to their fixed maturities. Said defeasance and call for redemption of the Refunded Bonds shall be irrevocable after the issuance of the Bonds and delivery of the Acquired Obligations to the Escrow Agent. The Escrow Agent is hereby authorized and directed to provide for the giving of notices of the redemption of the Refunded Bonds in accordance with the applicable provisions of the 2008A Bond Ordinance -27- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p and the District Bond Resolution. The costs of publication of such notices shall be an expense of the City. The Escrow Agent is hereby authorized and directed to pay to the Finance Director, or, at the direction of the Finance Director, to the paying agent for the Refunded Bonds, sums sufficient to pay, when due, the payments specified in this Section 7. All such sums shall be paid from the moneys and Acquired Obligations deposited with the Escrow Agent, and the income therefrom and proceeds thereof. All such sums so paid to or to the order of the Finance Director shall be credited to the Refunding Account (which is hereby authorized to be created) or other funds created under the Escrow Deposit Agreement. All moneys and Acquired Obligations deposited with the Escrow Agent and any income therefrom shall be held, invested (but only at the direction of the Finance Director) and applied in accordance with the provisions of this ordinance, the Escrow Deposit Agreement, and with the laws of the State of Washington for the benefit of the City and owners of the Refunded Bonds. The City will take such actions as are found necessary to see that all necessary and proper fees, compensation and expenses of the Escrow Agent for the Refunded Bonds shall be paid when due. SECTION 8. - Tax Covenants. The City will take all actions necessary to assure the exclusion of interest on the Bonds from the gross income of the owners of the Bonds to the same extent as such interest is permitted to be excluded from gross income under the Code as in effect -28- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p on the date of issuance of the Bonds, including but not limited to the following: (a) Private Activity Bond Limitation. The City will assure that the proceeds of the Bonds are not so used as to cause the Bonds to satisfy the private business tests of Section 141(b) of the Code or the private loan financing test of Section 141(c) of the Code. (b) Limitations on Disposition of Project. The City will not sell or otherwise transfer or dispose of (i) any personal property components of the projects refinanced with proceeds of the Bonds, including the Special Events Center (together, the “Projects”) other than in the ordinary course of an established government program under Treasury Regulation 1.141- 2(d)(4) or (ii) any real property components of the Projects, unless it has received an opinion of Bond Counsel to the effect that such disposition will not adversely affect the treatment of interest on the Bonds as excludable from gross income for federal income tax purposes. (c) Federal Guarantee Prohibition. The City will not take any action or permit or suffer any action to be taken if the result of such action would be to cause any of the Bonds to be “federally guaranteed” within the meaning of Section 149(b) of the Code. (d) Rebate Requirement. The City will take any and all actions necessary to assure compliance with Section 148(f) of the Code, relating to the rebate of excess investment earnings, if any, to the federal government, to the extent that such section is applicable to the Bonds. -29- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p (e) No Arbitrage. The City will not take, or permit or suffer to be taken by the Escrow Agent or otherwise, any action with respect to the proceeds of the Bonds which, if such action had been reasonably expected to have been taken, or had been deliberately and intentionally taken, on the date of issuance of the Bonds would have caused the Bonds to be “arbitrage bonds” within the meaning of Section 148 of the Code. (f) Registration Covenant. The City will maintain a system for recording the ownership of each Bond that complies with the provisions of Section 149 of the Code until all Bonds have been surrendered and canceled. (g) Record Retention. The City will retain its records of all accounting and monitoring it carries out with respect to the Bonds for at least three years after the Bonds mature or are redeemed (whichever is earlier); however, if the Bonds are redeemed and refunded, the City will retain its records of accounting and monitoring at least three years after the earlier of the maturity or redemption of the obligations that refunded the Bonds. (h) Compliance with Federal Tax Certificate. The City will comply with the provisions of the Federal Tax Certificate with respect to the Bonds, which are incorporated herein as if fully set forth herein. The covenants of this Section will survive payment in full or defeasance of the Bonds. SECTION 9. - Bond Fund and Provision for Tax Levy Payments. The City hereby authorizes the creation of one or more accounts in the -30- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p City’s previously established Bond Fund to be used for the payment of debt service on the Bonds. No later than the date each payment of principal of or interest on the Bonds becomes due, the City shall transmit sufficient funds, from the Bond Fund or from other legally available sources, to the Bond Registrar for the payment of such principal or interest. Money in the Bond Fund may be invested in legal investments for City funds, but only to the extent that the same are acquired, valued and disposed of at Fair Market Value. The City hereby irrevocably covenants and agrees for as long as any of the Bonds are outstanding and unpaid that each year it will include in its budget and levy an ad valorem tax upon all the property within the City subject to taxation in an amount that will be sufficient, together with Sales Tax Revenue and Special Events Center Revenues (with respect to the portion of the Bonds issued to refund and defease the Refunded Sales Tax Bonds and to pay related costs of issuance and the administrative costs of the refunding) and all other revenues and money of the City legally available for such purposes, to pay the principal of and interest on the Bonds when due. The City hereby irrevocably pledges that the annual tax provided for herein to be levied for the payment of such principal and interest shall be within and as a part of the regular property tax levy permitted to cities without a vote of the people, and that a sufficient portion of each annual levy to be levied and collected by the City prior to the full payment of the principal of and interest on the Bonds will be and is hereby irrevocably set -31- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p aside, pledged and appropriated for the payment of the principal of and interest on the Bonds. The full faith, credit and resources of the City are hereby irrevocably pledged for the annual levy and collection of said taxes and for the prompt payment of the principal of and interest on the Bonds when due. The City hereby also irrevocably pledges Sales Tax Revenue and Special Events Center Revenues received by the City from the District under the terms of the Financing Agreement to the payment of the principal of and interest on the portion of the Bonds allocated to defease and refund the Refunded Sales Tax Bonds and to pay related costs of issuance and the administrative costs of the refunding. SECTION 10. - Defeasance. In the event that the City, to effect the payment, retirement or redemption of any Bond, sets aside in the Bond Fund or in another special account, cash or noncallable Government Obligations, or any combination of cash and/or noncallable Government Obligations, in amounts and maturities which, together with the known earned income therefrom, are sufficient to redeem or pay and retire such Bond in accordance with its terms and to pay when due the interest and redemption premium, if any, thereon, and such cash and/or noncallable Government Obligations are irrevocably set aside and pledged for such purpose, then no further payments need be made into the Bond Fund for the payment of the principal of and interest on such Bond. The owner of a Bond so provided for shall cease to be entitled to any lien, benefit or security of this ordinance except the right to receive payment of principal, -32- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p premium, if any, and interest from the Bond Fund or such special account, and such Bond shall be deemed to be not outstanding under this ordinance. The City shall give written notice of defeasance to the owners of all Bonds in accordance with Section 12. SECTION 11. - Sale of Bonds. (a) Bond Sale. The Bonds shall be sold at negotiated sale to the Underwriter pursuant to the terms of the Bond Purchase Contract. The Council has determined that it would be in the best interest of the City to delegate to the Designated Representative for a limited time the authority to approve the final interest rates, aggregate principal amount, principal amounts of each maturity of the Bonds, redemption rights, whether to issue the Bonds in one or more series, and selection of the Refunded Bonds. The Designated Representative is hereby authorized to determine whether to issue the Bonds in one or more series and to approve the final interest rates, aggregate principal amount, principal amounts of each maturity of the Bonds, selection of the Refunded Bonds, and redemption rights for the Bonds in the manner provided hereafter so long as: (i) the aggregate principal amount of Bonds issued pursuant to this ordinance does not exceed $80,000,000, (ii) the final maturity date for the Bonds is no later than December 1, 2037, (iii) each series of Bonds are sold (in the aggregate) at a price not less than 97% and not greater than 130%, -33- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p (v) any Bonds sold for the purpose of refunding the 2008A Bonds are sold for a price that results in a minimum aggregate net present value debt service savings over the Refunded 2008A Bonds of at least 3.00%, (iv) any Bonds sold for the purpose of refunding the Refunded Sales Tax Bonds are sold for a price that results in a minimum aggregate net present value debt service savings over the Refunded Sales Tax Bonds of at least 3.00%, (vi) the true interest cost for each series of Bonds (in the aggregate) does not exceed 4.00%, and (vii) the Bonds conform to all other terms of this ordinance. Subject to the terms and conditions set forth in this section, the Designated Representative is hereby authorized to execute the Bond Purchase Contract. Following the execution of the Bond Purchase Contract, the Finance Director shall provide a report to the Council describing the final terms of the applicable series of Bonds approved pursuant to the authority delegated in this section. The authority granted to the Designated Representative by this Section 11 shall expire on December 31, 2016. If the Bonds authorized herein have not been sold by December 31, 2016, the Bonds shall not be issued nor their sale approved unless such Bonds shall have been re-authorized by ordinance of the Council. The ordinance re-authorizing the issuance and sale of such Bonds may be in the form of a new ordinance repealing this ordinance in whole or in part or may be in -34- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p the form of an amendatory ordinance approving a bond purchase contract or establishing terms and conditions for the authority delegated under this Section 11. (b) Delivery of Bonds; Documentation. Upon the passage and approval of this ordinance, the proper officials of the City, including the Designated Representative, the Finance Director and Chief Administrative Officer, are authorized and directed to undertake all action necessary for the prompt execution and delivery of each series of Bonds to the Underwriter and further to execute all closing certificates and documents required to effect the closing and delivery of each series of Bonds in accordance with the terms of this ordinance and the Bond Purchase Contract. Such documents may include, but are not limited to, documents related to a municipal bond insurance policy delivered by an insurer to insure the payment when due of the principal of and interest on the Bonds as provided therein, if such insurance is determined by the Designated Representative to be in the best interest of the City. The Mayor is further authorized to execute the Financing Agreement with the District in substantially the form attached hereto as Exhibit B and incorporated herein by this reference, with any such modifications as determined by the Mayor and Bond Counsel to the City to be necessary to carry out the purposes of this ordinance, and any other documents and agreements necessary for the issuance of the Bonds, the operation of the Special Events Center, and the transfer of Sales Tax Revenue and Special Events Center Revenues for the purposes set forth herein. -35- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p (c) Preliminary and Final Official Statements. The Finance Director is hereby authorized to approve and to deem final the preliminary Official Statement for the purposes of the Rule. The Finance Director is further authorized to approve for purposes of the Rule, on behalf of the City, the final Official Statement relating to the issuance and sale of each series of Bonds and the distribution of the final Official Statement pursuant thereto with such changes, if any, as may be deemed by him or her to be appropriate. SECTION 12. - Undertaking to Provide Ongoing Disclosure. (a) Contract/Undertaking. This section constitutes the City’s written undertaking for the benefit of the owners, including Beneficial Owners, of the Bonds as required by Section (b)(5) of the Rule. (b) Financial Statements/Operating Data. With respect to each series of Bonds issued pursuant to this ordinance, the City agrees to provide or cause to be provided to the MSRB the following annual financial information and operating data for the prior fiscal year (commencing in 2016 for the fiscal year ended December 31, 2015): 1. Annual financial statements, which statements may or may not be audited, showing ending fund balances for the City’s general fund prepared in accordance with the Budgeting Accounting and Reporting System prescribed by the Washington State Auditor pursuant to RCW 43.09.200 (or any successor statute) and generally of the type specified in the official statement for the Bonds; 2. The assessed valuation of taxable property in the City; -36- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p 3. Ad valorem taxes due and percentage of taxes collected; 4. Property tax levy rate per $1,000 of assessed valuation; 5. Outstanding general obligation debt of the City; and 6. So long as the portion of the Bonds allocated to defease and refund the Refunded Sales Tax Bonds and to pay related costs of issuance are outstanding, the amount of Sales Tax Revenue and Special Events Center Revenues received by the City under the Financing Agreement. Items 2-6 shall be required only to the extent that such information is not included in the annual financial statements. The information and data described above shall be provided on or before the end of nine months (September 30) after the end of the City’s fiscal year. The City’s current fiscal year ends on December 31. The City may adjust such fiscal year by providing written notice of the change of fiscal year to the MSRB. In lieu of providing such annual financial information and operating data, the City may cross-reference to other documents available to the public on the MSRB’s internet website or filed with the Commission. If not provided as part of the annual financial information discussed above, the City shall provide to the MSRB the City’s audited annual financial statements prepared in accordance with the Budgeting Accounting and Reporting System prescribed by the Washington State -37- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p Auditor pursuant to RCW 43.09.200 (or any successor statute) when and if available. (c) Listed Events. The City agrees to provide or cause to be provided to the MSRB, in a timely manner not in excess of 10 business days after the occurrence of the event, notice of the occurrence of any of the following events with respect to the Bonds: • Principal and interest payment delinquencies; • Non-payment related defaults, if material; • Unscheduled draws on debt service reserves reflecting financial difficulties; • Unscheduled draws on credit enhancements reflecting financial difficulties; • Substitution of credit or liquidity providers, or their failure to perform; • Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; • Modifications to the rights of Bondholders, if material; • Bond calls, if material, and tender offers; • Defeasances; -38- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p • Release, substitution, or sale of property securing repayment of the Bonds, if material; • Rating changes; • Bankruptcy, insolvency, receivership or similar event of the City; • The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and • Appointment of a successor or additional trustee or the change of name of a trustee, if material. (d) Format for Filings with the MSRB. All notices, financial information and operating data required by this undertaking to be provided to the MSRB must be in an electronic format as prescribed by the MSRB. All documents provided to the MSRB pursuant to this undertaking must be accompanied by identifying information as prescribed by the MSRB. (e) Notification Upon Failure to Provide Financial Data. The City agrees to provide or cause to be provided to the MSRB notice of its failure to provide the annual financial information described in Subsection (b) above on or prior to the date set forth in Subsection (b) above. -39- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p (f) Termination/Modification. The City’s obligations to provide annual financial information and notices of certain listed events shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. Any provision of this section shall be null and void if the City (1) obtains an opinion of Bond Counsel to the effect that the portion of the Rule that requires that provision is invalid, has been repealed retroactively or otherwise does not apply to the Bonds and (2) notifies the MSRB of such opinion and the cancellation of this section. The City may amend this section with an opinion of Bond Counsel in accordance with the Rule. In the event of any amendment of this section, the City shall describe such amendment in the next annual report, and shall include a narrative explanation of the reason for the amendment and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the City. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements, (A) notice of such change shall be given in the same manner as for a listed event under Subsection (c), and (B) the annual report for the year in which the change is made shall present a comparison (in narrative form and also, if feasible, in quantitative form) between the financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. (g) Bond Owner’s Remedies Under This Section. The right of any bondowner or Beneficial Owner of Bonds to enforce the provisions of this -40- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p section shall be limited to a right to obtain specific enforcement of the City’s obligations under this section, and any failure by the City to comply with the provisions of this undertaking shall not be an event of default with respect to the Bonds. SECTION 13. - Lost, Stolen or Destroyed Bonds. In case any Bond or Bonds shall be lost, stolen or destroyed, the Bond Registrar may execute and deliver a new Bond or Bonds of like date, series, number and tenor to the Registered Owner thereof upon the Registered Owner’s paying the expenses and charges of the City and the Bond Registrar in connection therewith and upon his/her filing with the City evidence satisfactory to the City that such Bond was actually lost, stolen or destroyed and of his/her ownership thereof, and upon furnishing the City and/or the Bond Registrar with indemnity satisfactory to the City and the Bond Registrar. SECTION 14. - Severability; Ratification. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance or the Bonds and the same shall remain in full force and effect. All acts taken pursuant to the authority granted in this ordinance but prior to its effective date are hereby ratified and confirmed. SECTION 15. - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the Code Reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section or subsection numbers; or -41- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p references to other local, state or federal laws, codes, rules, or regulations. SECTION 16. - Effective Date of Ordinance. This ordinance shall take effect thirty (30) days after its passage as provided by law. Adopted by the City Council of the City of Kent, Washington, at a regular meeting thereof held this 19th of April, 2016. SUZETTE COOKE, MAYOR ATTEST RONALD F. MOORE, MMC, CITY CLERK APPROVED AS TO FORM: PACIFICA LAW GROUP LLP Bond Counsel to the City PASSED: _____ day of ____________________, 2016. APPROVED: day of , 2016. PUBLISHED: day of , 2016. I hereby certify that this is a true copy of Ordinance No. ___ passed by the city council of the city of Kent, Washington, and approved by the Mayor of the city of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK -42- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p Exhibit A Form of Bond [DTC LANGUAGE] UNITED STATES OF AMERICA NO. $ STATE OF WASHINGTON CITY OF KENT LIMITED TAX GENERAL OBLIGATION REFUNDING BOND, 2016 INTEREST RATE: % MATURITY DATE: CUSIP NO.: REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: The City of Kent, Washington (the “City”), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns, on the Maturity Date identified above, the Principal Amount indicated above and to pay interest thereon from ___________, 20___, or the most recent date to which interest has been paid or duly provided for until payment of this bond at the Interest Rate set forth above, payable on ______________, and semiannually thereafter on the first days of each succeeding _______ and ____. Both principal of and interest on this bond are payable in lawful money of the United States of America. The fiscal agent of the State of Washington has been appointed by the City as the authenticating agent, paying agent and registrar for the bonds of this issue (the “Bond Registrar”). For so long as the bonds of this issue are held in fully immobilized form, payments of principal and interest thereon shall be made as provided in accordance with the operational arrangements of The Depository Trust Company (“DTC”) referred to in the Blanket Issuer Letter of Representations (the “Letter of Representations”) from the City to DTC. The bonds of this issue are issued under and in accordance with the provisions of the Constitution and applicable statutes of the State of Washington and Ordinance No. _______ duly passed by the City Council on April 19, 2016 (the “Bond Ordinance”). Capitalized terms used in this bond have the meanings given such terms in the Bond Ordinance. This bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Ordinance until the A-1- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p Certificate of Authentication hereon shall have been manually signed by or on behalf of the Bond Registrar or its duly designated agent. This bond is one of an authorized issue of bonds of like series, date, tenor, rate of interest and date of maturity, except as to number and amount in the aggregate principal amount of $__________ and is issued pursuant to the Bond Ordinance to provide a portion of the funds necessary [to defease and refund the City’s Limited Tax General Obligation Bonds, 2008A and the City of Kent Special Events Center Public Facilities District’s Special Events Center Sales Tax Bonds, 2008], and to pay costs of issuance. The bonds of this issue are subject to redemption as provided in the Bond Ordinance and the Bond Purchase Contract. The City hereby irrevocably covenants and agrees with the owner of this bond that it will include in its annual budget and levy taxes annually, within and as a part of the tax levy permitted to the City without a vote of the electorate, upon all the property subject to taxation in amounts sufficient, together with other money legally available therefor, to pay the principal of and interest on this bond as the same shall become due. The full faith, credit and resources of the City are hereby irrevocably pledged for the annual levy and collection of such taxes and the prompt payment of such principal and interest. [The City hereby also irrevocably pledges Sales Tax Revenue and Special Events Center Revenues received by the City from the City of Kent Special Events Center Public Facilities District (the “District”) under the terms of the Interlocal Financing Agreement between the City and the District to the payment of the principal of and interest on the portion of the bonds of this issue allocated to refund and defease the District’s Special Events Center Sales Tax Bonds, 2008 and to pay related costs of issuance.] The bonds of this issue have not been designated by the City as “qualified tax-exempt obligations” for investment by financial institutions under Section 265(b) of the Code. The pledge of tax levies for payment of principal of and interest on the bonds may be discharged prior to maturity of the bonds by making provision for the payment thereof on the terms and conditions set forth in the Bond Ordinance. It is hereby certified that all acts, conditions and things required by the Constitution and statutes of the State of Washington to exist and to have happened, been done and performed precedent to and in the issuance of this bond exist and have happened, been done and performed and that the issuance of this bond and the bonds of this issue does not violate any constitutional, statutory or other limitation upon the amount of bonded indebtedness that the City may incur. A-2- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p IN WITNESS WHEREOF, the City of Kent, Washington has caused this bond to be executed by the manual or facsimile signatures of the Mayor and the City Clerk and the seal of the City imprinted, impressed or otherwise reproduced hereon as of this ____ day of ___________, 20___. [SEAL] CITY OF KENT, WASHINGTON By /s/ manual or facsimile Mayor ATTEST: /s/ manual or facsimile City Clerk The Bond Registrar’s Certificate of Authentication on the Bonds shall be in substantially the following form: CERTIFICATE OF AUTHENTICATION This bond is one of the bonds described in the within-mentioned Bond Ordinance and is one of the Limited Tax General Obligation Refunding Bonds, 2016 of the City of Kent, Washington, dated ____________, 2016. WASHINGTON STATE FISCAL AGENT, as Bond Registrar By A-3- Limited Tax General Obligation Refunding Bonds, 2016 10069 00012 fb246r088p Exhibit B Form of Financing Agreement B-1- Limited Tax General Obligation Refunding Bonds, 2016 Agenda Item: Other business – 8C_ TO: City Council DATE: April 19, 2016 SUBJECT: M1 Industrial Park Zoning Code Amendment – Ordinance – Adopt SUMMARY: After holding a public hearing on March 28, 2016, the Land Use and Planning Board (LUPB) recommended approval of an amendment expanding the array of land uses permitted in the M1 Industrial Park zoning district. The City of Kent is home to one of the region’s most significant industrial and warehousing districts. Retaining and attracting the businesses that rely on industrial zoning and supportive land uses is essential to the economic vitality of the City and the Puget Sound Region. Within the context of an increasingly globalized industrial economy that is ever-changing in regards to technology, methods of production, and competition for skilled labor, the needs of industrial and warehouse businesses have evolved to include proximity to an expanded array of amenities to support both business functions and the staff who work, live, and recreate in industrial areas. If the proposed zoning code amendment were approved, the land uses permitted in the M1 zoning district would be expanded to include the same uses permitted in the Industrial Park District/”C” Suffix (M1-C) zoning district: • Bakeries and confectioneries • Food and convenience stores (retail) • Apparel and accessories (retail) as an accessory use, when related to the principal use of the property • Eating and drinking establishments with drive-through • Miscellaneous retail (drugs, antiques, books, etc.) as accessory uses, when related to the principal use of the property. • Liquor stores • Computers and electronics (retail) • Hotels and motels • Auto repair and washing services (including body work) • Performing and cultural arts uses, such as art galleries/ studios The M1-C zoning district would be retained; staff believes its minimum lot size of 10,000 square feet would allow those nodes of commercial activity to be developed at a higher density than in the M1 zoning district. The M1 zoning district, which has a minimum lot size of one acre, encourages retention of the larger land areas required by industrial business uses, while the proposed amendment would accommodate limited service and retail businesses that are supportive of modern and high-quality industrial enterprises and their employees. MOTION: Adopt Ordinance No. , amending Chapter 15.04 of the Kent City Code to expand the land uses permitted in the M1 Industrial Park zoning district. EXHIBITS: 1) M1 Industrial Park Amendment Ordinance 2) SEPA Environmental Checklist 3) SEPA Environmental Review Report 4) SEPA Determination of Nonsignificance RECOMMENDED BY: Economic and Community Development Committee YEA: Boyce, Berrios, Budell NAY: BUDGET IMPACTS: None ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 15.04 of the Kent City Code, to expand the uses permitted in the M1 Industrial Park zoning district to include those uses currently permitted only in the M1-C zoning district. RECITALS A. Section 15.03.010 of the Kent City Code (“KCC”) establishes that the purpose of the Industrial Park (M1) zoning district is to provide an environment for a broad range of industrial, office, and business park activities, while also allowing certain limited commercial land uses that provide necessary personal and business services for the general industrial area through application of the “C” suffix (M1-C). B. The M1-C zoning designation applies to several limited areas in the industrial valley, concentrated near major street intersections and highways. C. In the context of technological changes and global competition, proximity to supportive services and amenities is increasingly important to industrial enterprises and for their need to attract and retain highly-skilled employees. 1 Amend KCC 15.04 Re: M1 Industrial Park Zoning Code D. Policy LU-12.3 of the City of Kent Comprehensive Plan is to provide for a mix of land uses that are compatible with manufacturing, industrial, and warehouse uses, such as office, retail, and service in the area designated Industrial. The Economic Development Element of the Comprehensive Plan establishes expanding allowable zoned uses as a key strategy for raising the amenity level and supporting employers in the Kent Industrial Valley. E. On October 20, 2015, the City Council approved a staff- recommended docket item that proposed to expand commercial opportunities at strategic locations in the industrial area. F. On March 14, 2016, Planning staff presented a draft code amendment to expand commercial uses in the M1 zoning district to the Land Use and Planning Board (“LUPB”) at a workshop meeting. G. On March 2, 2016, the City requested expedited review under RCW 36.70A.106 from the Washington State Department of Commerce regarding the City’s proposed code amendment expanding the permitted land uses in the M1 zoning district. The Washington State Department of Commerce granted the request for expedited review on March 17, 2016. No comments were received from State agencies. H. The City’s State Environmental Policy Act (SEPA) Responsible Official conducted an environmental analysis of the impacts of the proposed amendments and issued a Determination of Nonsignificance on March 22, 2016. I. At its regularly-scheduled public meeting on March 28, 2016, the LUPB held a public hearing regarding the proposed code amendments related to expanding commercial uses in the M1 zoning district. After 2 Amend KCC 15.04 Re: M1 Industrial Park Zoning Code considering the matter, the LUPB voted to recommended adoption of the proposed amendments to the City Council. As a matter of clarification, it should be noted that two ordinances amending different portions of the same land use table in KCC 15.04.090 were considered at the same meeting, albeit after separate public hearings. J. On April 11, 2016, the Economic and Community Development Committee considered the recommendations of the LUPB at its regularly scheduled meeting, and recommended to the full City Council adoption of the proposed code amendments. K. At its regularly-scheduled meeting on April 19, 2016, the City Council voted to adopt the amendments to portions of Chapter 15.04 of the Kent City Code, pertaining to M1 Industrial Park zoning districts. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Section 15.04.070 of the Kent City Code, entitled “Wholesale and retail land uses,” is hereby amended as follows: Sec. 15.04.070 Wholesale and retail land uses. [Table on following page] 3 Amend KCC 15.04 Re: M1 Industrial Park Zoning Code Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory Uses A-10 AG SR -1 SR -3 SR -4. 5 SR -6 SR -8 MR -D MR -T1 2 MR -T1 6 MR -G MR -M MR -H MH P NC C CC DC DC E MT C -1 MT C -2 MC R t CM -1 CM -2 GC M1 M1 -C M2 M3 Bakeries and confectioneries P P P P P P P Wholesale bakery P P Bulk retail P (26 ) P (26 ) P P P P (1) P (1) Recycling centers C P Retail sales of lumber, tools, and other building materials, including preassembled products P P P P Hardware, paint, tile, and wallpaper (retail) P P (11 ) P P P P P P P Farm equipment P P General merchandise: dry goods, variety, and department stores (retail) P P (11 ) P P P P P P Food and convenience stores (retail) P P P (11 ) P P P P P P S (12) P P S (12 ) Automobile, aircraft, motorcycle, boat, and recreational vehicles sales (retail) P P P Automotive, aircraft, motorcycle, and marine accessories (retail) P P P P P P P (13) P (13 ) P (5) (13 ) Gasoline service stations S (6) S (6) S (6) S (6) S (6) S (6) S (6) S (6) S (6) Apparel and accessories (retail) P P (11 ) P P P P P P A(8) A (8) Furniture, home P P P P P P P P P 4 Amend KCC 15.04 Re: M1 Industrial Park Zoning Code Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory Uses A-10 AG SR -1 SR -3 SR -4. 5 SR -6 SR -8 MR -D MR -T1 2 MR -T1 6 MR -G MR -M MR -H MH P NC C CC DC DC E MT C -1 MT C -2 MC R t CM -1 CM -2 GC M1 M1 -C M2 M3 furnishing (retail) (11 ) Eating and drinking establishments (no drive- through) P P P (11 ) P P P P P P P P P P (5) Eating and drinking establishments (with drive - through) S (6) (20 ) C (7) (20 ) P S (6) (20 ) P(20 ) P (20 ) Eating facilities for employees P P P A A A A Planned development retail sales Drive- through/drive- up businesses (commercial/ret ail – other than eating/drinking establishments) C (22 ) P (20 ) P (20 ) P (24 ) P (24 ) P (20 ) P (20 ) Miscellaneous retail: drugs, antiques, books, sporting goods, jewelry, florist, photo supplies, video rental, computer supplies, etc. P P P (11 ) P P P P P P A(8) A (8) Liquor store P P P (11 ) P P P P P P P P Farm supplies, hay, grain, feed, fencing, etc. (retail) P P P Nurseries, greenhouses, garden supplies, tools, etc. P P P P Pet shops (retail and grooming) P P P P Computers and electronics (retail) P P P P P P P 5 Amend KCC 15.04 Re: M1 Industrial Park Zoning Code Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory Uses A-10 AG SR -1 SR -3 SR -4. 5 SR -6 SR -8 MR -D MR -T1 2 MR -T1 6 MR -G MR -M MR -H MH P NC C CC DC DC E MT C -1 MT C -2 MC R t CM -1 CM -2 GC M1 M1 -C M2 M3 Hotels and motels P (11 ) P P P (25 ) P P P P P Complexes which include combinations of uses, including a mixture of office, light manufacturing, storage, and commercial uses P P Outdoor storage (including truck, heavy equipment, and contractor storage yards as allowed by development standards, KCC 15.04.190 and 15.04.195) P (19 ) P (19 ) A (19 ) A (19) A (19 ) A (19 ) P (19 ) Accessory uses and structures customarily appurtenant to a permitted use A A A (9) (27 ) A (27 ) A (27 ) A (27 ) A (27 ) A A A A A A A (16 ) A (16 ) A (17 ) A (17 ) A (17 ) A (17 ) A (17 ) A (16 ) A (16 ) A (16 ) A A A A Agriculturally related retail C (21 ) Battery exchange station S (23 ) S (23 ) A (23 ) A (23 ) A (23 ) A (23 ) A (23 ) S (23 ) S (23 ) S (23 ) S (23) S (23 ) S (23 ) A (23 ) 6 Amend KCC 15.04 Re: M1 Industrial Park Zoning Code SECTION 2. - Amendment. Section 15.04.090 of the Kent City Code, entitled “Service land uses,” is hereby amended as follows: Sec. 15.04.090 Service land uses. Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory Uses A-10 AG SR -1 SR -3 SR -4. 5 SR -6 SR -8 MR -D MR -T1 2 MR -T1 6 MR -G MR -M MR -H MH P NC C CC DC DC E MT C -1 MT C -2 MC R CM -1 CM -2 GC M1 M1 -C M2 M3 Finance, insurance, real estate services P (22 ) P P (1) (12 ) P P P P P P P P P (2) Personal services: laundry, dry cleaning, barber, salons, shoe repair, launderettes P (22 ) P P (12 ) P P P P P P P (10 ) P (10 ) P (2) (10 ) Mortuaries P (12 ) P P P Home day- care P P P P P P P P P P P P P P P P P P P P P P P P P P P P Day-care center C C C C C C C P P P P P P P P P P P P P P P P P P P P P Business services, duplicating and blue printing, travel agencies, and employment agencies P (12 ) P P P P P P P P P (2) Building maintenance and pest control P P P P P P P (2) Outdoor storage (including truck, heavy equipment, and contractor storage yards as allowed by development P P A A A A C (9) P 7 Amend KCC 15.04 Re: M1 Industrial Park Zoning Code Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory Uses A-10 AG SR -1 SR -3 SR -4. 5 SR -6 SR -8 MR -D MR -T1 2 MR -T1 6 MR -G MR -M MR -H MH P NC C CC DC DC E MT C -1 MT C -2 MC R CM -1 CM -2 GC M1 M1 -C M2 M3 standards, KCC 15.04.190 and 15.04.195) Rental and leasing services for cars, trucks, trailers, furniture, and tools P P P P P P P (2) Auto repair and washing services (including body work) C P P P P P P P (21 ) (23 ) Repair services: watch, TV, electrical, electronic, upholstery P P (12 ) P P P P P P P (2) Professional services: medical, clinics, and other health care-related services P (20 ) P P P P P P P P P P (2) Heavy equipment and truck repair P P P C (9) P Contract construction service offices: building construction, plumbing, paving, and landscaping P (16 ) P P P (16 ) P (17 ) P (17 ) P (2) (17 ) P Educational services: vocational, trade, art, music, dancing, barber, and beauty P P P P P P P P P (2) Churches S (4 ) S (4) S (4) S (4) S (4) S (4) S (4 ) S (4 ) S (4 ) S (4 ) S (4 ) S (4) S (4) S (4) S (4) S (4) S (4) S (4) S (4) S (4) S (4) S (4) S (4) 8 Amend KCC 15.04 Re: M1 Industrial Park Zoning Code Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory Uses A-10 AG SR -1 SR -3 SR -4. 5 SR -6 SR -8 MR -D MR -T1 2 MR -T1 6 MR -G MR -M MR -H MH P NC C CC DC DC E MT C -1 MT C -2 MC R CM -1 CM -2 GC M1 M1 -C M2 M3 Administrati ve and professional offices – general P P (12 ) P P P P C P P P P P (2) Municipal uses and buildings P (13 ) P (13 ) P P (13 ) P (13 ) P (13 ) P (13 ) P (13 ) P (13 ) P (13 ) P (13 ) P (2) (13 ) P (13 ) Research, development , and testing P C P P P P P P (2) P (14 ) Accessory uses and structures customarily appurtenant to a permitted use A A A (7) (24 ) A (24 ) A (24 ) A (24 ) A (24 ) A A A A A A A (18 ) A (18 ) A (19 ) A (19 ) A (19 ) A (19 ) A (19 ) A (18 ) A (18 ) A (18 ) A A A A Boarding kennels and breeding establishme nts C C C Veterinary clinics and veterinary hospitals C P (8) P (8) P (8) P (8) P (8) Administrati ve or executive offices which are part of a predominant industrial operation P P P P P Offices incidental and necessary to the conduct of a principally permitted use A A A A A 9 Amend KCC 15.04 Re: M1 Industrial Park Zoning Code SECTION 3. - Amendment. Section 15.04.110 of the Kent City Code, entitled “Cultural, entertainment, and recreation land uses,” is hereby amended as follows: Sec. 15.04.110 Cultural, entertainment, and recreation land uses. Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory Uses A-10 AG SR -1 SR -3 SR -4. 5 SR -6 SR -8 MR -D MR -T1 2 MR -T1 6 MR -G MR -M MR -H MH P NC C CC DC DC E MT C -1 MT C -2 MC R CM -1 CM -2 GC M1 M1 -C M2 M3 Performing and cultural arts uses, such as art galleries/studios P (3) P P P P P P P P Historic and monument sites P P Public assembly (indoor): sports facilities, arenas, auditoriums and exhibition halls, bowling alleys, dart - playing facilities, skating rinks, community clubs, athletic clubs, recreation centers, theaters (excluding school facilities) P P C C P P P (2) P (2) P (2) Public assembly (outdoor): fairgrounds and amusement parks, tennis courts, athletic fields, miniature golf, go-cart tracks, drive-in theaters, etc. C P P Open space use: cemeteries, parks, playgrounds, golf courses, and other recreation facilities, including buildings or structures associated therewith C C C C C C C C C C C C C C C P (6) C P (6) C C (9) C (9) C (9) C P (7) C P (7) C C C C C Employee recreation areas A A A A Private clubs, fraternal lodges, etc. C C C C C C C C C C C C C C C C C P (5) C C P (5) C C C P (5) C C C C C Recreational vehicle parks C Accessory uses and structures customarily appurtenant to a permitted use A A (10) A (10) A (10) A (10) A (10) A A A A A A A A A A A A A A A A A A A A Recreational buildings in MHP A 10 Amend KCC 15.04 Re: M1 Industrial Park Zoning Code SECTION 4. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 5. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 6. – Effective Date. This ordinance shall take effect and be in force 30 days from and after its passage, as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 11 Amend KCC 15.04 Re: M1 Industrial Park Zoning Code PASSED: day of , 2016. APPROVED: day of , 2016. PUBLISHED: day of , 2016. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK P:\Civil\Ordinance\M1 Zoning Code Amendment_draft.docx 12 Amend KCC 15.04 Re: M1 Industrial Park Zoning Code GH1-1 psd4008_5_15 p. 1 of 22 Planning Services Location: 400 W. Gowe • Mail to: 220 4th Avenue South • Kent, WA98032-5895 Permit Center (253) 856-5302 FAX: (253) 856-6412 www.KentWA.gov/permitcenter Environmental Checklist Application Form Public Notice Board and Application Fee…See Fee Schedule Please print in black ink only. To be completed by Staff: Application # ENV-2016-6, ZCA-2016-4 KIVA # RPSW -2160841, RPP6-2160749 Received by: Date: Processing Fee: A. Staff review determined that project: Meets the categorically exempt criteria. Has no probable significant adverse environmental impact(s) and application should be processed without further consideration of environmental effects. Has probable, significant impact(s) that can be mitigated through conditions. EIS not necessary. Has probable, significant adverse environmental impact(s). An Environmental Impact Statement will be prepared. An Environmental Impact Statement for this project has already been prepared. Signature of Responsible Official Date B. Comments: C. Type of Permit or Action Requested: D. Zoning District: WH1-1 psd4008_5_15 p. 2 of 22 To be completed by Applicant: A. Background Information: 1. Name of Project: Zoning Code Amendment to M1 Industrial Park District 2. Name of Applicant: City of Kent Planning Services Mailing Address: 220 4th Ave S, Kent, WA 98032 3. Contact Person: Jason Garnham Telephone: 253-856-5439 (Note that all correspondence will be mailed to the applicant listed above unless a project contact is designated here and on Page 2 of application.) 4. Applicant is (owner, agent, other): City of Kent Department of Economic & Community Development 5. Location. Give general location of proposed project (street address, nearest intersection of streets and section, township and range). All M1 (Industrial Park) zoned properties, in various locations throughout the city. 6. Legal description and tax identification number a. Legal description (If lengthy, attach as separate sheet.): N/A b. Tax identification number: N/A 7. Existing conditions: Give a general description of the property and existing improvements, size, topography, vegetation, soil, drainage, natural features, etc. (If necessary, attach a separate sheet.). Most of the properties in M1 zoned areas are developed with various warehousing, distribution, manufacturing, and service business facilities. A limited number of non-conforming residential properties are also within the M1 zoning area. The M1 zoning area is concentrated on predominantly flat land in the Green River Valley, and is located between the Green River to the west, Kent City limits to the north, 72nd Avenue S. to the east, and (just north of) James St. to the south. Another M1 area lies to the south, bound by the Green River to the west, S 259th St. to the north, and the Burlington Northern Railroad right-of-way to the east. The M1 zoning area also includes floodplain and wetlands associated with Lower Mill Creek, including the Green River Natural Resources Area. A network of industrial collector and arterial public streets serves the area and provides access to/ from nearby State highway 167 and Interstate 5. 8. Site Area: N/A Site Dimensions: Approximately 1.5 X 3.25 miles. 9. Project description: Give a brief, complete description of the intended use of the property or project including all proposed uses, days and hours of operation and the size of the project and site. (Attach site plans as described in the instructions): The proposed zoning code amendment would broaden the types of commercial uses permitted in the M1 Industrial Park District to include: 15.04.070 Wholesale and retail land uses:  Bakeries and confectioneries  Food and convenience stores (retail)  Apparel and accessories (retail) as an accessory use, under the condition (8) where development plans WH1-1 psd4008_5_15 p. 3 of 22 demonstrate a relationship between this and the principally permitted use of the property  Eating and drinking establishments with drive-through  Miscellaneous retail (drugs, antiques, books, etc) as accessory uses, under the condition (8) where development plans demonstrate a relationship between this and the principally permitted use of the property  Liquor stores  Computers and electronics (retail)  Hotels and motels 15.04.090 Service land uses  Auto repair and washing services (including body work) 15.04.110 Cultural, entertainment, and recreation land uses  Performing and cultural arts uses, such as art galleries/ studios The separate M1-C Industrial Park/Commercial zoning designation would be retained and would allow those nodes of commercial activity to be developed at a higher density than in the M1 zoning district. The development standards in Kent City Code 15.04.190 specify a minimum lot area in M1-C of 10,000 square feet, whereas the minimum lot size in the M1 zoning district is one acre (43,560 square feet). ECD staff believes that maintaining the zoning distinction between M1 and M1-C encourages retention of the larger land areas required by industrial business uses, while the proposed zoning change in the M1 zoning district supports limited service and retail businesses that are supportive of modern and high-quality industrial enterprises and their employees. WH1-1 psd4008_5_15 p. 4 of 22 10. Schedule: Describe the timing or schedule (include phasing and construction dates, if possible). Land Use and Planning Board workshop, March 14, 2016. Land Use and Planning Board public hearing on March 28, 2016. City Council vote on April 5, 2016. 11. Future Plans: Do you have any plans for future additions, expansion or further activity related to or connected with this proposal? If yes, explain. No 12. Permits/Approvals: List all permits or approvals for this project from local, state, federal, or other agencies for which you have applied or will apply as required for your proposal. Agency Permit Type Date Submitted* Number Status** N/A *Leave blank if not submitted **Approved, denied or pending 13. Environmental Information: List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. N/A 14. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. N/A WH1-1 psd4008_5_15 p. 5 of 22 B. Environmental Elements 1. Earth a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other: Evaluation for Agency Use Only Properties in the M1 zoning district are in generally flat areas within and adjacent to the Green River valley. b. What is the steepest slope on the site (approximate percent slope)? Varies c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any agricultural land of long term significance and whether the proposal results in removing any of these soils. Varies d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. Varies e. Describe the purpose, type, total affected area, and approximate quantities of any filling, excavation or grading proposed. Indicate source of fill. No ground disturbing activities are currently proposed. Any future impacts will be analyzed prior to issuance of development permits. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. No ground disturbing activities are currently proposed. Any future impacts will be analyzed and subject to erosion control requirements prior to issuance of development permits. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? N/A h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any. No ground disturbing activities are currently proposed. Any future impacts will be analyzed and subject to erosion control requirements prior to issuance of development permits. WH1-1 psd4008_5_15 p. 6 of 22 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction, operations, and maintenance when the project is completed? If any, generally describe and give approximate quantities if known. Evaluation for Agency Use Only Temporary emissions from construction equipment and increased employee and customer vehicular emissions would be expected with any new development authorized by the proposed zoning code amendment. The level of vehicle emissions may increase subsequent to development of land uses generating higher rates of use and visitation, such as hotels or drive-thru restaurants. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. N/A c. Proposed measures to reduce or control emissions or other impacts to air, if any. Co-location of supportive services may reduce the length and number of vehicle trips in the Industrial area. 3. Water a. Surface Water: i. Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, salt water, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. Much of the M1 zoning area is near the Green River, Lower Mill Creek and associated floodplain and wetland areas. ii. Will the project require any work over, in or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. No impacts to said streams and wetlands are proposed at this time. Impacts and mitigation will be analyzed for compliance with the Critical Areas regulations and Shoreline Master Program at the time of development plan review. iii. Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. N/A WH1-1 psd4008_5_15 p. 7 of 22 iv. Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities, if known. Evaluation for Agency Use Only N/A v. Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. Portions of the M1 district lie within a 100-year floodplain along the eastern bank of the Green River between 228th Street to the south and 188th Street to the north. Any future development proposals within the floodplain will be required to comply with the City’s Flood Hazard regulations, and to analyze and mitigate for floodplain impacts, prior to the issuance of development permits. vi. Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. N/A b. Ground Water: i. Will ground water be withdrawn from a well for drinking or other purposes? If so, give a general description of the well, proposed uses and approximate quantities withdrawn from the well. Will water be discharged to ground water? Give general description, purpose, and approximate quantities, if known. N/A ii. Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. _ N/A c. Water Runoff (including storm water): i. Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. No new impervious surfaces or impacts to wetlands, rivers, or stormwater conveyance and storage systems are proposed at this time. Impacts to storm water systems and waterways will be analyzed and mitigated at the time of development plan review. WH1-1 psd4008_5_15 p. 8 of 22 ii. Could waste materials enter ground or surface waters? If so, generally describe. Evaluation for Agency Use Only N/A iii. Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so, describe. Development proposals will be required to comply with the city’s stormwater regulations. d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage pattern impacts, if any: No new impervious surfaces or impacts to stormwater conveyance and storage systems are proposed at this time. Impacts to storm water systems and waterways will be analyzed and mitigated at the time of development plan review. 4. Plants a. Check or circle types of vegetation found on the site: varies  Deciduous tree: alder, maple aspen, other  Evergreen tree: fir, cedar, pine, other  Shrubs  Grass  Pasture  Crop or grain  Orchards, vineyards or other permanent crops  Wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other  Water plants: water lily, eelgrass, milfoil, other  Other types of vegetation b. What kind and amount of vegetation will be removed or altered? No removal of vegetation is currently contemplated. Future development may impact existing plants and will be analyzed during development permit review. c. List threatened or endangered species known to be on or near the site. According to the USFWS Critical habitat map and related resources, the Green River is considered Critical habitat. The only plant species included in the list of species that “could potentially be affected” by proposals in this area is Golden Paintbrush. Individual development proposals will be required to analyze potential impacts and mitigation to threatened or endangered species at the time of permit review. WH1-1 psd4008_5_15 p. 9 of 22 d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Evaluation for Agency Use Only No disturbance to existing plants is currently proposed. Future development will be required to comply with the landscaping and tree retention requirements in Kent’s zoning code. e. List all noxious weeds and invasive species known to be on or near the site. N/A 5. Animals a. List any birds and other animals which have been observed on or near the site or are known to be on or near the site: Varies Birds: hawk, heron, eagle, songbirds, other: Mammals: deer, bear, elk, beaver, other: Fish: bass, salmon, trout, herring, shellfish, other: b. List any threatened or endangered species known to be on or near the site. According to the USFWS Critical habitat map and related resources, the Green River is considered Critical habitat for Chinook Salmon, and as many as 7 endangered species and 12 species of migratory birds live in or visit the area. Endangered species that “could potentially be affected by activities” in this area are: Oregon Spotted Frog (amphibian), Marbled Murrelet, Streaked Horned lark, Yellow-billed Cuckoo (birds), Bull Trout (fish), Golden Paintbrush (flowering plant), and Canada lynx. Migratory birds that “could potentially be affected” b y activities in this area are: Bald Eagle, Black Swift, Calliope Hummingbird, Caspian Tern, Fox Sparrow, Olive-sided Flycatcher, Peregrine Falcon, Purple Finch, Rufous Hummingbird, Short-eared Owl, Western Grebe, and Willow Flycatcher c. Is the site part of a migration route? If so, explain. Yes – Many species of anadromous salmon including those mentioned above as well as coho, pink and chum use the Green River and its tributaries as a migration corridor. Mill Creek, listed as a Type II stream, is a tributary of the Green River, and is considered salmonid- bearing. The Green River valley is also within the Pacific Flyway migratory bird route. d. Proposed measures to preserve or enhance wildlife, if any: Landscaping is typically required as part of development to promote wildlife habitat where feasible. The city also has a critical areas ordinance that addresses impacts to wildlife habitat. These impacts and appropriate mitigation measures will be considered at the time of individual development permit review. e. List any invasive animal species known to be on or near the site. N/A WH1-1 psd4008_5_15 p. 10 of 22 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project’s energy needs? Describe whether it will be used for heating, manufacturing, etc. N/A. No development is currently proposed. Future development in the subject area will use energy for a range of industrial, commercial, office and/or residential uses. WH1-1 psd4008_5_15 p. 11 of 22 Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. Evaluation for Agency Use Only No. Building heights are limited by Kent City Code. b. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: N/A 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste that could occur as a result of this proposal? If so, describe. The entire City of Kent is located within the Department of Ecology’s Tacoma Smelter Plume study area. Based on the map at https://fortress.wa.gov/ecy/smeltersearch/ the site is located within an area where arsenic levels were detected at a rate of less than 20 parts per million. DOE recommends soil testing in areas where arsenic levels have been detected at more than 20 parts per million. i. Describe any known or possible contamination at the site from present or past uses. See 7.a. ii. Describe existing hazardous chemical conditions that might affect project development and design. This includes underground liquid and gas transmission pipelines located within the project area and in the vicinity. N/A iii. Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project. N/A iv. Describe special emergency services that might be required. The site is served by the Kent Regional Fire Authority and the Kent Police Department. Impacts to these services will be considered at the time of development plan review. WH1-1 psd4008_5_15 p. 12 of 22 v. Proposed measures to reduce or control environmental health hazards, if any: Evaluation for Agency Use Only N/A b. Noise i. What types of noise exist in the area which may affect your project (for example: traffic, equipment operation, other)? Noise from traffic on roadways, trains on the nearby Union Pacific Railroad tracks, and air traffic is pervasive in the area. Noise from airplanes associated with nearby Sea-Tac International Airport is pervasive in the area. Noise ii. What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. N/A. Noise impacts will be considered at the time of development plan review. iii. Proposed measures to reduce or control noise impacts, if any: Landscape buffering and screening is required as part of development plan review. Timing of construction activities is limited to certain hours of the day. 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? Will the proposal affect current land uses on nearby or adjacent properties? If so, describe. Properties in M1 zoning are currently used for a variety of manufacturing, warehousing, residential and related service and retail businesses. b. Has the project site been used or working farmlands or working forest lands? If so, describe. Much of the valley land in Kent was used for agriculture until development for industrial uses during the 1970s and 1980s. How much agricultural or forest land of long-term commercial significance will be connected to other uses as a result of the proposal, if any? If resource lands have not yet been designated, how many acres in farmland or forest land tax status will be converted to non-farm or non-forest use? N/A WH1-1 psd4008_5_15 p. 13 of 22 i. Will the proposal affect or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access, the application of pesticides, tilling and harvesting? If so, how: Evaluation for Agency Use Only N/A c. Describe any structures on the site. Various industrial, warehouse, retail, office, and residential buildings currently occupy M1 zoned properties. d. Will any structures be demolished? If so, what? No buildings or other structures are currently proposed to be removed. e. What is the current zoning classification of the site? M1 Industrial Park. f. What is the current comprehensive plan designation of the site? I – Industrial. g. If applicable, what is the current shoreline master program designation of the site? Shoreline master program jurisdiction extends to all areas within 200 feet of the ordinary high water mark of the Green River and associated wetlands and floodways, affecting all properties at the western boundary of the M1 zoning district. Shoreline jurisdiction also applies to the Green River Natural Resources Area and associated wetlands, affecting properties in the vicinity of S. 226th St., 64th Ave S., S. 212th St, and Russell Rd. h. Has any part of the site been classified as a critical area by the city or county? If so, specify. The area is significantly impacted by wetlands and seismic instability. Steep slopes and floodplain areas are prevalent along the banks of the Green River. Geotechnical and biological assessment is required for development proposals in designated Critical areas, and in Shoreline areas as noted in (g). i. Approximately how many people would reside or work in the completed project? Will vary according to individual proposed development projects. Development of new housing is not permitted in M1 zoning. j. Approximately how many people would the completed project displace? N/A WH1-1 psd4008_5_15 p. 14 of 22 k. Proposed measures to avoid or reduce displacement impacts, if any: Evaluation for Agency Use Only N/A l. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any. Kent City Code restricts the uses and development types permitted in Industrial zones to ensure compatibility with existing and future land uses and minimize conflict between incompatible uses. Allowing supportive services in the M1 zoning district is compatible with Comprehensive Plan goals and policies for industrial areas. m. Proposed measures to ensure the proposal is compatible with nearby agricultural and forest lands of long term commercial significance, if any: N/A 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low income housing. Development of housing is not permitted in M1 zoning. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low income housing. N/A c. Proposed measures to reduce or control housing impacts, if any. N/A 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? Building height is limited in the M1 zoning district to 35 feet, or up to 60 feet with additional yard setbacks. Permission for additional building height may be granted by the economic and community development director and land use and planning board. b. What views in the immediate vicinity would be altered or obstructed? No new buildings are currently proposed. WH1-1 psd4008_5_15 p. 15 of 22 c. Proposed measures to reduce or control aesthetic impacts, if any. None proposed at this time. Aesthetic impacts will be considered and subject to buffering and landscaping requirements at the time of development plan review. Evaluation for Agency Use Only 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? This is currently unknown as no development is proposed at this time. Light and glare impacts will be considered at the time of development plan review. b. Could light or glare from the finished project be a safety hazard or interfere with views? N/A N/A c. What existing off-site sources of light or glare may affect your proposal? N/A d. Proposed measures to reduce or control light and glare impacts, if any. Kent City code requires submittal of lighting plans that minimize glare and associated impacts on surrounding properties and rights-of-way with development proposals. 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? Two multi-use paths (Green River Trail, Interurban Trail) traverse through or near the area. The Boeing Employees Tennis Club is open to the public , and several gymnastics and fitness centers are in operation in the area. b. Would the proposed project displace any existing recreational uses? If so, describe. No development is being proposed at this time. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any. N/A WH1-1 psd4008_5_15 p. 16 of 22 13. Historic and Cultural Preservation a. Are there any buildings, structures, or sites, located on or near the site that are over 45 years old listed in or eligible for listing in national, state, or local preservation registers located on or near the site? If so, specifically describe. Evaluation for Agency Use Only Maddocksville Landing, near Van Dorens Park on the Green River, is listed on the Washington State Department of Archaeology & Historic Preservation’s online database at https://fortress.wa.gov/dahp/wisaard/. b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation? This may include human burials or old cemeteries. Are there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources. Historic use by Indian tribes or settlers is known in this area, particularly near the Green River, but no material evidence or artifacts are known at this time. Some tribal fishing areas are located on the Green River. c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples include consultation with tribes and the department of archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc. During future development activities, should archaeological materials (e.g. bones, shell, stone tools, beads, ceramics, old bottles, hearths, etc.) or human remains be observed during project activities, all work in the immediate vicinity will stop to allow for consultation with state and tribal archaeological officials. d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. N/A 14. Transportation a. Identify public streets and highways serving the site or affected geographic area, and describe proposed access to the existing street system. Show on site plans, if any. The subject area lies between Interstate 5 and State Highway 167. A network of arterial, collector, and local streets serves the area, including 68th Avenue (Route 181), South 196th, 212th, and 228th Streets. b. Is the site or affected geographic area currently served by public transit? If so, generally describe. If not, what is the approximate distance to the nearest transit stop? According to the 2008 Transportation Master Plan, the subject area is served by King County Metro bus routes 150, 154, 247, 180, and 918. Commuter rail service is accessible nearby via the Sounder at Kent Station and the Link Light Rail at Sea-Tac International Airport. The nearest Park & Ride facility is located at the intersection of Interstate 5 and State Highway 516. WH1-1 psd4008_5_15 p. 17 of 22 c. How many additional parking spaces would the completed project or non- project proposal have? How many would the project or proposal eliminate? Evaluation for Agency Use Only No specific site development proposal is currently contemplated for the site. Parking will be provided as required by the Kent zoning code. d. Will the proposal require any new or improvements to existing roads, streets, pedestrian, bicycle, or state transportation facilities, not including driveways? If so, generally describe (indicate whether public or private). This proposal and any consequent redevelopment is unlikely to require any new roads or streets. Roadways and intersections within the subject area were subject to Level of Service analysis as part of the 2008 City of Kent Transportation Master Plan. Transportation infrastructure improvements will be made in the area accordingly, and future development of the properties within the M1 area will likely be required to participate financially and/or construct portions of any transportation system improvements deemed necessary. e. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. Tracks owned by the Union Pacific and Burlington Northern railways carry freight and passenger rail traffic just east of the subject area. Sea-Tac International Airport is located a few miles west of the area. Goods and persons may travel to and/ or from the area via these modes of transport. f. How many vehicular trips per day would be generated by the completed project or proposal? If known, indicate when peak volumes would occur and what percentage of the volume would be trucks (Such as commercial and non- passenger vehicles). What data or transportation models were used to make these estimates?. Industrial zoning districts are designated as such in part to permit efficient travel of freight on associated roadways. By permitting a wider array of service and retail uses in the M1 zoning district, the proposed zoning amendment has the potential to lead to increases in passenger vehicle traffic, resulting from redevelopment of properties with hotels, drive-thru restaurants, and/or various retail and service establishments. This would adversely impact the nature and purpose of the comprehensive plan, zoning, and Transportation Master Plan designations for related roadways. However, analysis of the proposed zoning code amendment by both economic development and public works transportation planning staff conclude that the proposed amendment is likely to engender redevelopment of only a very limited number of properties. Significant increases or changes in vehicular traffic are thus considered unlikely resulting from this proposal. g. Will the proposal interfere with, affect or be affected by the movement or agricultural and forest products on roads or streets in the area? If so, generally describe? N/A h. Proposed measures to reduce or control transportation impacts, if any. Future development will be required to identify project-specific traffic impacts, and consider the need for mitigation measures beyond those identified in the TMP. The future development project will be required to WH1-1 psd4008_5_15 p. 18 of 22 pay transportation impact fees and will likely financially participate in and/or construct any necessary improvements. 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, public transit, health care, schools, other)? If so, generally describe. While the proposed zoning code amendment will not directly result in an increased need for public services, permitting a wider variety of commercial uses in M1 zoning may ultimately increase demand for public services in accordance with the ultimate use of the site b. Proposed measures to reduce or control direct impacts on public services, if any. Will vary based on individual projects WH1-1 psd4008_5_15 p. 19 of 22 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. Evaluation for Agency Use Only b. Describe the utilities that are proposed for the project, the utility providing the service and the general construction activities on the site or in the immediate vicinity, which might be needed. No new utilities are needed or proposed. C. Signature I swear under penalty of perjury that all information provided on this document is true and correct to the best of my knowledge. Signature: Printed Name: Jason Garnham Position and Agency/Organization: _Planner, City of Kent _______________________ Date: 3/15/2016 WH1-1 psd4008_5_15 p. 20 of 22 DO NOT USE THIS SHEET FOR PROJECT ACTIONS D. Supplemental Sheet for Nonproject Actions Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? Evaluation for Agency Use Only Permitting a wider array of service and retail uses in the M1 industrial park zoning district may lead to redevelopment of properties with uses that attract higher levels of vehicular traffic, which could increase emissions to air. Conversion of undeveloped parcels to any of the range of permitted land uses through development could increase stormwater discharges, however, impacts to wetlands and stormwater infrastructure will be analyzed and minimized at the time of development plan review. Proposed measures to avoid or reduce such increases are: Individual development proposals will require payment of stormwater system development fees. Noise will have to comply with the city’s noise ordinance. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? Certain areas within the M1 zoning district are impacted by wetlands and floodplain areas, and/ or are adjacent to Lower Mill Creek and the Green River. Development in these areas could potentially affect plants, animals, or fish that reside, breed, visit, or migrate through these natural areas, some of which are considered Critical habitat. Proposed measures to protect or conserve plants, animals, fish, or marine life are: Biological, wetland, and geotechnical assessment and mitigation is required with any project proposal in accordance with Critical Areas, Flood Hazard and Shoreline Master Program ordinances. Impacts to rivers and wetlands will also be mitigated through stormwater review and compliance with Design and Construction standards. How would the proposal be likely to deplete energy or natural resources? Development of service and retail land uses may attract a higher number of visitors to the M1 industrial area, which may increase fuel consumption through increased automotive trips. Proposed measures to protect or conserve energy and natural resources are: None 3. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, WH1-1 psd4008_5_15 p. 21 of 22 threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? Evaluation for Agency Use Only Environmentally sensitive areas, including wetlands, floodplains, and critical wildlife habitat are common in the M1 zoning district, especially along the Green River. Development proposals could potentially impact these areas through stormwater emissions, vegetation removal and pollution. Proposed measures to protect such resources or to avoid or reduce impacts are: Biological, wetlands, and geotechnical assessment and analysis of project proposals and compliance with critical areas, flood hazard and shoreline ordinances will be required at the time of development plan review. Criti 4. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The proposed zoning code amendment permits a slightly wider variety of service and retail uses in the M1 zoning district, some of which lies within Shoreline jurisdiction associated with the Green River and the Green River Natural Resources Area. It potentially encourages development in the Industrial area that is supportive of industrial land uses but not of an industrial character, potentially altering the traffic volumes and services required in the area. The proposed code amendment could also affect the number and types of projects proposed within said Shoreline and/ or wetlands areas. Proposed measures to avoid or reduce shoreline and land use impacts are: Shoreline impacts will be avoided or minim ized by requiring any development proposals to perform biological, wetlands, and/ or geotechnical assessment and address critical areas and shoreline regulations per Kent City Code. Land use impacts are anticipated to be minimal due to the limited extent of change forecasted by economic and transportation staff analysis. Impacts of specific development proposals will be analyzed and addressed in accordance with the standards and procedures in Kent zoning and land use codes. 5. How would the proposal be likely to increase demands on transportation or public services and utilities? The proposed zoning code amendment has the potential to increase the variety of business and development types in M1 zoning districts, which would potentially lead to increased vehicular traffic, visitors, and demand for public services such as police and fire, and demand for utilities. Proposed measures to reduce or respond to such demand(s) are: Impacts to transportation and utilities infrastructure will be analyzed at the time of development project review for specific proposals. Impact fees and road and utilities improvements may be required prior to issuance of permits. 6. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The City has adopted critical areas, flood hazard and shoreline regulations in compliance with state and federal laws. Requiring specific development proposals to comply with these ordinances will prevent conflicts with these requirements. ECONOMIC & COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue S. Kent, WA 98032-5895 ENVIRONMENTAL REVIEW REPORT Decision Document M1 INDUSTRIAL PARK ZONING REGULATIONS ENV-2016-6, KIVA #RPSA-2160841 ZCA-2016-4, KIVA #RPP6-2160749 Charlene Anderson, AICP Responsible Official Staff Contact: Jason Garnham, Planner I. PROPOSAL The City of Kent has initiated a non-project environmental review for a proposal to amend the City of Kent Zoning Code to permit a wider variety of service, retail, and cultural land uses in M1 Industrial Park zoning districts. See attached for proposed amendments to Kent City Code Sections 15.04.070, 15.04.090, and 15.04.110. II. BACKGROUND INFORMATION Compliance with Kent's Comprehensive Plan (Ordinance 4163), the Washington State Growth Management Act (GMA), The Local Project Review Act (ESHB 1724 and ESB 6094), Kent's Construction Standards (Ordinance 3944) and Concurrency Management (Chapter 12.11, Kent City Code) will require concurrent improvements or the execution of binding agreements by the Applicant/Owner with Kent to mitigate identified environmental impacts. These improvements and/or agreements may include improvements to roadways, intersections and intersection traffic signals, stormwater detention, treatment and conveyance, utilities, sanitary sewerage and domestic water systems. Compliance with Kent's Construction Standards may require the deeding/dedication of right-of-way for identified improvements. Compliance with Title 11.03 and 11.06 of the Kent City Code may require the conveyance of Sensitive Area Tracts to the City of Kent in order to preserve trees, regulate the location and density of development based upon known physical constraints such as steep and/or unstable slopes or proximity to lakes, or to maintain or enhance water quality. Compliance with the provisions of Chapter 6.12 of the Kent City Code may require provisions for mass transit adjacent to the site. In addition to the above, Kent follows revisions to the Washington State Environmental Policy Act, Chapter 197-11 WAC (effective November 10, 1997), which implements ESHB 1724 and ESB 6094, and rules which took Decision Document M1 Industrial Park Permitted Land Uses Zoning Code Amendment (ZCA-2016-4) ENV-2016-6 / RPSA-2160841 Page 2 of 5 effect on May 10, 2014 in response to 2ESSB 6406 passed by the State Legislature in 2012. III. ENVIRONMENTAL ELEMENTS A. Earth All properties within the M1 (Industrial Park) zoning district will be affected by this proposal. Located in generally flat areas within and adjacent to the Green River valley, properties in the M1 zoning district are a diverse mix of undeveloped natural, wetlands, and open space uses, and developed with a mix of industrial, commercial, and some residential uses. Individual development projects will be subject to the City of Kent standards for erosion and sedimentation controls. Specific environmental impacts and appropriate mitigation measures will be determined at the time of individual development permit review. B. Air While adoption of the proposal is a non-project action, a limited expansion in the array of service, retail, and cultural land uses in the M1 zoning district is not expected to have a significant impact on air quality, dust, or vehicle vapors. Temporary emissions from equipment would be expected during construction of any new development. Following completion, vehicle emissions will be generated from employees and customers. The level of emissions generated may increase subsequent to development of land uses generating higher rates of use and visitation, such as hotels or drive-thru restaurants. Specific environmental impacts and appropriate mitigation measures will be assessed at the time of application for development permits. C. Water The proposal is city-wide within the M1 zoning district, which abuts the Green River and includes Lower Mill Creek and various associated drainage basins and wetlands. All lands within the Green River Natural Resources Area, within 200 feet of the ordinary high water mark of the Green River, and impacted by associated wetlands are within Shoreline Master Program jurisdiction. If individual development proposals impact wetlands or streams, mitigation will be required in accordance with the City’s Critical Areas regulations contained in Kent City Code Section 11.06. Construction activities are regulated by the adopted codes of the City of Kent, currently the 1998 King County Surface Water Design Manual, the 2002 City of Kent Surface Water Design Manual, and the 2009 Shoreline Master Program. Impacts to associated waterways and wetland areas will be analyzed and mitigated at the time of development permit review. Decision Document M1 Industrial Park Permitted Land Uses Zoning Code Amendment (ZCA-2016-4) ENV-2016-6 / RPSA-2160841 Page 3 of 5 D. Plants and Animals The Green River is considered critical habitat for a number of threatened and migratory species. This proposal is not anticipated to have a significant adverse effect on plants or animals. Specific environmental impacts and appropriate mitigation measures related to plants and animals will be determined at the time of individual development permit review. E. Energy and Natural Resources This proposal is not anticipated to have a significant adverse effect on energy and natural resources. F. Aesthetics, Noise, Light and Glare By allowing a wider variety of service and retail uses in the M1 zoning district, this proposal may lead to increased development and associated traffic and noise. Current city codes regulate and minimize impacts to neighboring properties by requiring landscape buffering and screening, limiting building size and height, and regulating lighting of parking and outdoor areas. Specific impacts and appropriate mitigation measures will be determined at the time of individual development permit review. G. Land and Shoreline Use Adoption of the proposal is a non-project action that is not anticipated to have significant adverse environmental impacts. The proposal applies to all properties within the M1 zoning district, with a comprehensive plan land use designation of I, Industrial. Shoreline jurisdiction applies to all M1 properties located within 200 feet of the Green River, and to areas associated with the Green River Natural Resources Area. There are a variety of industrial, commercial, service, retail, and residential uses within the M1 district. The proposed increase in the types of uses permitted in M1 zoning is intended to facilitate co-location of land uses that are supportive of modern industrial enterprises. Impacts from associated development are anticipated to be limited, but will be considered at the time of individual development permit review. H. Housing This proposal is not anticipated to have a significant adverse effect on housing. I. Recreation While several City parks and multi-use paths lie within the M1 zoning district, significant adverse impacts to recreation are not anticipated from this proposal. Decision Document M1 Industrial Park Permitted Land Uses Zoning Code Amendment (ZCA-2016-4) ENV-2016-6 / RPSA-2160841 Page 4 of 5 J. Historic and Cultural Preservation Although this is a nonproject action, if archeological materials are discovered with site work for any project action, the application must stop work and notify the State Department of Archaeology and Historical Preservation. K. Transportation Development resulting from the proposed increase in permitted land uses in the M1 district may increase vehicular traffic on area roadways. Because the scope of related development is anticipated to be minimal, significant traffic impacts are not anticipated. Each individual development project will be required to pay a transportation impact fee and may be required to construct street improvements. L. Public Services Additional demand for fire, police, and other public services may result from development associated with this proposal. Impacts to public services are anticipated to be minimal, and will be reviewed at the time of development permit review. M. Utilities Properties in the M1 zoning district are predominantly developed and served by City of Kent water and sewer utilities. Adoption of the proposal is a non-project action that is not anticipated to have significant impacts on utilities. IV. SUMMARY AND RECOMMENDATION A. It is appropriate per WAC 197-11-660 and RCW 43.21C.060 that the City of Kent establish conditions to mitigate any identified impacts associated with this proposal. Supporting documents for the following conditions and mitigating measures include: 1. City of Kent Comprehensive Plan as prepared and adopted pursuant to the State Growth Management Act; 2. The Shoreline Management Act (RCW 90.58) and the Kent Shoreline Master Program; 3. Kent City Code Section 7.07 Surface Water and Drainage Code; 4. City of Kent Transportation Master Plan, Green River Valley Transportation Action Plan and current Six-Year Transportation Improvement Plan; 5. Kent City Code Section 7.09 Wastewater Facilities Master Plan; 6. City of Kent Comprehensive Water Plan and Conservation Element; 7. Kent City Code Section 6.02 Required Infrastructure Improvements; 8. Kent City Code Section 6.07 Street Use Permits; Decision Document M1 Industrial Park Permitted Land Uses Zoning Code Amendment (ZCA-2016-4) ENV-2016-6 / RPSA-2160841 Page 5 of 5 9. Kent City Code Section 14.09 Flood Hazard Regulations; 10. Kent City Code Section 12.04 Subdivisions, Binding Site Plans, and Lot Line Adjustments; 11. Kent City Code Section 12.05 Mobile Home Parks and 12.06 Recreation Vehicle Park; 12. Kent City Code Section 8.05 Noise Control; 13. City of Kent International Building and Fire Codes; 14. Kent City Code Title 15, Zoning; 15. Kent City Code Section 7.13 Water Shortage Emergency Regulations and Water Conservation Ordinance 2227; 16. Kent City Code Sections 6.03 Improvement Plan Approval and Inspection Fees; 17. Kent City Code Section 7.05 Storm and Surface Water Utility; 18. City of Kent Comprehensive Sewer Plan; 19. City of Kent Fire Master Plan; and 20. Kent City Code Chapter 11.06, Critical Areas. B. It is recommended that a Determination of Nonsignificance (DNS) be issued for this non-project action. KENT PLANNING SERVICES March 22, 2016 JG:pm\S:\Permit\Plan\ENV\2016\2160841_ENV-2016-6decision.doc This page intentionally left blank. CITY OF KENT DETERMINATION OF NONSIGNIFICANCE Environmental Checklist No. #ENV-2016-6 Project: M1 Industrial Park Zoning #RPSA-2160841 #ZCA-2016-4 #RPP6-2160749 Description: The City of Kent has initiated a non-project environmental review for a proposal to amend the City of Kent Zoning Code to permit a wider variety of service, retail, and cultural land uses in M1 Industrial Park zoning districts. See attached for proposed amendments to Kent City Code Sections 15.04.070, 15.04.090, and 15.04.110. Applicant: Jason Garnham, Planner, City of Kent Planning Services Lead Agency CITY OF KENT The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact st atement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. ____ There is no comment period for this DNS. __X_ This DNS is issued under 197-11-340(2). The lead agency will not act on this proposal for 14 days from the date of this decision; this constitutes a 14-day comment period. Comments must be submitted by 4:30 p.m., April 5, 2016. This DNS is subject to appeal pursuant to Kent City Code section 11.03.520. Responsible Official Erin George, AICP_________________ ______________________ Position/Title Senior Planner / ACTING SEPA OFFICIAL Address 220 Fourth Avenue South, Kent, WA 98032 Telephone: (253) 856-5454 Dated March 22, 2016 Signature _______________________ APPEAL PROCESS: AN APPEAL OF A DETERMINATION OF NONSIGNIFICANCE (DNS) MUST BE MADE TO THE KENT HEARING EXAMINER WITHIN FOURTEEN (14) DAYS FOLLOWING THE END OF THE COMMENT PERIOD PER KENT CITY CODE 11.03.520. CONDITIONS/MITIGATING MEASURES: NONE JG:pm S:\Permit\Plan\ENV\2016\2160841_ENV-2016-6_749_ZCA-2016-4_DNS_M1 Industrial Park ZCA.doc This page intentionally left blank. Agenda Item: Bids – 9A_ TO: City Council DATE: April 19, 2016 SUBJECT: Mill Creek Side Channel / Leber Homestead Property – Award SUMMARY: This contract will construct Phase II of the Mill Creek Side Channel / Leber Homestead project (Phase I, completed in 2015, cleared non-native, invasive plants and planted over 5,500 native plants along the riverbank in areas that will not be disturbed by Phase II). This project is a large regionally supported restoration project that will provide rearing and refuge habitat for juvenile salmonids as well as additional flood storage just across the Green River from the Riverview Park project. Grants from the Salmon Recovery Funding Board, Puget Sound Acquisition and Restoration Fund, King County Cooperative Watershed Management Fund and King County Waterworks Grant Program are being used to cover construction costs. This project has been planned, designed and permitted over the past 10-years on property purchased (with other grant funds) specifically for this purpose. EXHIBITS: None RECOMMENDED BY: Public Works Director YEA: N/A NAY: N/A BUDGET IMPACTS: This contract, as mentioned above, is grant funded except for required City matching funds of $76,440 which will be covered by city donated plant material and planting labor funded by the city stormwater utility. Requests for reimbursement of funds will be submitted after construction invoices are received and are expected to be approved shortly after submittal by granting agencies. MOTION: Award the Mill Creek Side Channel / Leber Homestead Property project to Scarsella Brothers, Inc. in the amount of $2,225,276.52 and authorize the Mayor to sign all necessary documents, subject to terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director Address: 400 West Gowe Street Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: April 12, 2016 TO: Mayor Cooke and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: Mill Creek Channel / Leber Homestead Property Project - Award Bid opening for the Mill Creek Channel / Leber Homestead Property Project was held on Tuesday April 12, 2016 with seven (7) bids received. The lowest responsible and responsive bid was submitted by Scarsella Brothers, Inc. in the amount of $2,225,276.52. The Engineer's estimate was $2,325,440.55. The Public Works Director recommends awarding this contract to Scarsella Brothers, Inc. Bid Summary 01. Scarsella Brothers, Inc. $2,225,276.52 02. Tapani, Inc. $2,478,217.14 03. Rodarte Construction, Inc. $2,655,059.64 04. JR Hayes Corporation $2,789,229.99 05. Eng/Remediation Resources Group, Inc. $2,877,568.02 06. KLB Construction $2,974,033.14 07. IO Environmental & Infrastructure $3,043,337.88 Engineer's Estimate $2,325,440.55 This page intentionally left blank. Agenda Item: Bids – 9B_ TO: City Council DATE: April 19, 2016 SUBJECT: Pacific Highway Median Planting – Award SUMMARY: This project consists of replenishing the existing vegetation with new topsoil, a new irrigation system and new plants. EXHIBITS: Memo dated April 5, 2016 RECOMMENDED BY: Public Works Director YEA: N/A NAY: N/A BUDGET IMPACTS: Council allocated $980,000 from the Business and Occupation Tax towards this project in 2014 and 2015. Approximately, $160,000 additional moneys would be needed for the contract and contract administration/construction management. We propose utility, and Business and Occupation funds be used. Business & Occupation funds are managed in a revolving account. We propose utilizing cash reserves from this fund to complete the project from South 272nd to South 240th Street. MOTION: Award the Pacific Highway Median Planting to Road Construction Northwest, Inc. in the amount of $1,038,620.00 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director Address: 400 West Gowe Street Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: April 5, 2016 TO: Mayor Cooke and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: Pacific Highway S. Median Planting Project - Award Bid opening for the Pacific Highway Median Planting Project was held on April 5, 2016 with five (5) bids received. The lowest responsible and responsive bid was submitted by Road Construction Northwest, Inc. in the amount of $1,038,920.00. The Engineer's estimate was $1,399,060.00. The Public Works Director recommends awarding this contract to Road Construction Northwest, Inc. Bid Summary 01. Road Construction Northwest, Inc. $1,038,920.00 02. R.W. Scott Construction Co. $1,102,685.00 03. DPK, Inc. $1,211,595.00 04. Westwater Construction, Co. $1,232,350.00 05. Paul Brothers, Inc. $1,380,793.06 Engineer's Estimate $1,399,060.00 This page intentionally left blank. Agenda Item: Bids – 9C_ TO: City Council DATE: April 19, 2016 SUBJECT: 2016 Plastic Markings – Award SUMMARY: Pavement markings are used to convey messages to roadway users and help facilitate safe and smooth use of our streets. Over time, pavement markings are damaged or simply wear out from normal traffic use. This contract will replace worn out and damaged pavement markings like stop lines, crosswalks, traffic arrows, bicycle lane symbols, traffic letters and railroad crossing symbols, etc. on various Kent streets. EXHIBITS: Memo dated April 12, 2016 RECOMMENDED BY: Public Works Director YEA: N/A NAY: N/A BUDGET IMPACTS: Funded from the Business and Occupation tax. MOTION: Award the 2016 Plastic Markings to Specialized Pavement Marking, Inc. in the amount of $204,895.00 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director Address: 400 West Gowe Street Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: April 12, 2016 TO: Mayor Cooke and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: 2016 Plastic Markings Project - Award Bid opening for this project was held on Tuesday April 12, 2016 with three (3) bids received. The lowest responsible and responsive bid was submitted by Specialized Pavement Marking, Inc. in the amount of $204,895.00. The Engineer's estimate was $237,430.00. The Public Works Director recommends awarding this contract to Specialized Pavement Marking, Inc. Bid Summary 01. Specialized Pavement Marking, Inc. $204,895.00 02. Stripe Rite, Inc. $213,299.00 03. Apply-A-Line, Inc. $240,845.00 Engineer's Estimate $237,430.00 This page intentionally left blank. Agenda Item: Bids – 9D_ TO: City Council DATE: April 19, 2016 SUBJECT: 2016 Paint Line Striping, Raised Pavement Marking Replacement & S 208th Street Permanent Signing – Award SUMMARY: The project consists of refreshing existing paint striping, repainting existing curbing, and replacing damaged and missing raised pavement markings throughout Kent. Annual refreshing of pavement markings is a way for the City to comply with the pavement marking visibility requirements of the Manual on Uniform Traffic Control Devices (MUTCD). The project also includes installing permanent signs on South 208th Street, near 92nd Avenue South. EXHIBITS: Memo dated April 12, 2016 RECOMMENDED BY: Public Works Director YEA: N/A NAY: N/A BUDGET IMPACTS: Funded from the Business and Occupation tax MOTION: Award the 2016 Paint Line Striping, Raised Pavement Marking Replacement and South 208th Street Permanent Signing to Stripe Rite, Inc. in the amount of $278,037.00 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director Address: 400 West Gowe Street Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: April 12, 2016 TO: Mayor Cooke and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: 2016 Paint Line Striping, RPM Replacement & South 208th Street Permanent Signing Project - Award Bid opening for the 2016 Paint Line Striping, RPM Replacement & South 208th Street Permanent Signing Project was held on Tuesday April 12, 2016 with three (3) bids received. The lowest responsible and responsive bid was submitted by Stripe Rite, Inc. in the amount of $278,037.00. The Engineer's estimate was $288,970.00. The Public Works Director recommends awarding this contract to Stripe Rite, Inc. Bid Summary 01. Stripe Rite, Inc. $278,037.00 02. Apply-A-Line, Inc. $292,750.00 03. Specialized Pavement Marking, Inc. $304,090.00 Engineer's Estimate $288,980.00 This page intentionally left blank. Agenda Item: Bids – 9E_ TO: City Council DATE: April 19, 2016 SUBJECT: 2016 Guardrail Repairs – Award SUMMARY: The project consists of repairing existing guardrails and crash cushions at various locations throughout the City that were damaged by errant drivers. The Public Works Department actively pursues restitution from insured drivers for repair costs when collisions are reported to the Police Department. EXHIBITS: Memo dated April 12, 2016 RECOMMENDED BY: Public Works Director YEA: N/A NAY: N/A BUDGET IMPACTS: Funded from the Business and Occupation tax. MOTION: Award the 2016 Guardrail Repairs to Petersen Brothers Inc., in the amount of $80,689.22 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director Address: 400 West Gowe Street Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: April 12, 2016 TO: Mayor Cooke and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: 2016 Guardrail Project - Award Bid opening for the 2016 Guardrail Project was held on Tuesday April 12, 2016 with three (3) bids received. The lowest responsible and responsive bid was submitted by Petersen Brothers, Inc. in the amount of $80,689.22. The Engineer's estimate was $168,840.00. The Public Works Director recommends awarding this contract to Petersen Brothers, Inc. Bid Summary 01. Petersen Brothers, Inc. $80,689.22 02. Dirt & Aggregate Interchange, Inc. $115,555.00 03. Coral Construction Company $116,825.00 Engineer's Estimate $168,840.00 This page intentionally left blank. Agenda Item: Bids – 9F_ TO: City Council DATE: April 19, 2016 SUBJECT: Kent Regional Trails Connector – Award SUMMARY: The Public Works Department competed for and was successful in obtaining a $1,125,368 federal grant for the Kent Regional Trails Connector project. This project will construct a new east-west multi-use trail connecting the existing Green River Trail to the Interurban Trail. The trail location will be adjacent to the Green River Natural Resources Area and will include the installation of rectangular rapid flashing beacons at 64th Avenue and 72nd Avenue and a new “HAWK” signal at the crossing of West Valley Highway and a new non-motorized bridge. The bridge will be constructed across Mill Creek on the east end connecting to the Interurban Trail. EXHIBITS: Memo dated March 15, 2016 RECOMMENDED BY: Public Works Director YEA: N/A NAY: N/A BUDGET IMPACTS: Funding for this work will be provided by a federal grant from the Federal Highway Administration (FHWA) for $1,125,368.00. The City’s funding match is $176,635.00. MOTION: Award the Kent Regional Trails Connector Project to Pivetta Brothers, Inc. in the amount of $ 1,186,225.00 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director Address: 400 West Gowe Street Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: March 15, 2016 TO: Mayor Cooke and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: Kent Regional Trails Connector - Award Bid opening for this project was held on Tuesday March 15, 2016 with eight (8) bids received. The lowest responsible and responsive bid was submitted by Pivetta Brothers Construction in the amount of $1,186,225.00. The Engineer's estimate was $1,390,141.00. The Public Works Director recommends awarding this contract to Pivetta Brothers Construction. Bid Summary 01. Pivetta Brothers Construction $1,186,225.00 02. Boettcher & Sons, Inc. $1,283,027.00 03. R.W. Scott Construction Co. $1,359,680.00 04. Rodarte Construction, Inc. $1,388,510.00 05. Razz Construction, Inc. $1,394,435.00 06. DPK, Inc. $1,481,740.00 07. Marshbank Construction, Inc. $1,502,600.00 08. Active Construction, Inc. $1,561,784.85 Engineer's Estimate $1,390,141.00 This page intentionally left blank. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF A. Council President B. Mayor C. Administration D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other K. Other This page intentionally left blank. Page 1 of 6 OFFICE OF THE MAYOR Derek Matheson, Chief Administrative Officer Phone: 253-856-5700 Fax: 253-856-6700 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: 04/19/16 TO: Mayor Cooke Councilmembers FROM: Derek Matheson, Chief Administrative Officer SUBJECT: CAO Report for Tuesday, April 19, 2016 The Chief Administrative Officer’s report is intended to provide Council, staff and community an update on the activities of the City of Kent. ADMINISTRATION • We have begun an after-action review of the Pine Tree Park issue. The process may take a couple weeks to ensure accuracy and thoroughness. We have also begun work on a draft land surplus ordinance for the council’s review and discussion, perhaps as soon as the May 3 Operations Committee meeting. • The city council gave the green light to a strategic plan refresh process at its April 5 workshop. Staff will contract with Noble Edge Consulting and the Steven Thomson Consulting Group and has begun to explore dates for two spring/summer mini-retreats. The process will also feature one-on-one interviews with the mayor, councilmembers, chief administrative officer, and department directors. • The new “business strategy and performance analyst” position is on the Operations Committee’s next agenda. • Kent4Health is in preparation of the 6th annual summer outdoor walk schedule. The new walk leads have met a couple of times already. In addition to changing up the park/trail locations, they are discussing adding a fun component to the walks to further encourage people to get outdoors. The walks will be Tuesday evenings and Wednesday mornings, June 1 through September 28. The schedule will be out by mid May. • The City of Kent Neighborhood Program continues to work with the public works senior transportation planner on outreach efforts as it pertains to drafting a policy on where crosswalk markings are installed and future maintenance. Additional focus groups will be scheduled by the end of April, to incorporate input from West Hill and East Hill neighborhood councils. • The North Park neighborhood has experienced some mailboxes being blocked by vehicles. The neighborhood program in conjunction with Kent Police parking enforcement and the City’s communications manager created a flyer for the neighborhood council to distribute. This educational outreach tool will help residents understand the Kent City Code and associated fines. Page 2 of 6 ECONOMIC AND COMMUNITY DEVELOPMENT • Economic Development Division o Economic Community Development (ECD) is supporting the Lodging Tax Advisory Committee on contract with Seattle Thunderbirds advertising campaign and developing a Request For Proposal for future marketing efforts. o ECD hosted an networking event at Thunderbirds playoff game attended by tenant rep brokers and private industry o ECD staff met with the adult employment coordinator for Neighborhood House at the Center of Excellence for Global Trade and Logistics at Highline College for a conference call with Amazon's director of workforce development. Hiring at the fulfillment center was discussed as well as matching programs and people to Amazon hiring requirements. o ECD staff is assisting WA Space Entrepreneurs and the Space Frontier Foundation get the word out about their upcoming conference preview event at CenterPoint April 23rd 1-3PM. o ECD met with the Director of Entrepreneurism and Innovation at Seattle's Office of Economic Development to discuss regional challenges to startups and ways the region's public sector may respond. • As of March 8, Code Enforcement staff has eliminated its historic inspection back-log, which as of mid-February stood at 82 cases. Due to more active management established through the Lean process and addition of a dedicated part-time administrative assistant, code enforcement staff is now able to quickly contact parties responsible for code violations and perform timely inspections. With the back-log eliminated, Code Enforcement is better prepared to handle the increase in calls expected during the summer months. FINANCE • As part of the 2016 bond refunding process finance held a bond rating conference call with Standard & Poor’s. Standard and Poor’s (S&P) assess factors and trends that affect creditworthiness of governments and corporations and provides a rating of individual entities credit. The City currently holds an AA bond rating from S&P, which is a very strong rating. We are expecting S&P to provide their rating and analysis in the middle of next week, April 20 or 21. • Finance is working toward implementation of US Bank’s Payment Plus feature which will allow the City to pay participating vendors electronically rather than the traditional method of mailing a payment. Payment Plus is a dynamic web-based electronic payment management system which will help to automate some of our A/P processes while increasing security, compliance, and visibility of payments. No schedule date yet on final implementation. HUMAN RESOURCES • Labor, Classification & Compensation o Staff is meeting with all departments over the AFSCME contract upcoming negotiations to get any items/requests for contract changes or updates. o Staff is gathering input from all departments on any policy updates/introductions for this year. The deadline for input is April 21. Page 3 of 6 • Recruitment o The Signal Technician/Signal Technician In-Training position is closed April 15. o We are now accepting applications for the Police Records position. That position closes April 18. o Staff is preparing/inviting candidates to the Entry Level Police Oral Board process that will take place April 25-29. o Staff is preparing for oral boards for the Entry Level and Lateral Corrections Officer position. Those interviews will be on May 5-6. o Staff will be attending the spring job fair at Highline College & Central Washington University campus in Des Moines on April 18. • Risk Management o The City received a defense verdict in the Zahn v. Kent trial in Federal Court, where a beanbag round was deployed by Kent PD to detain a non-compliant citizen involved in a domestic violence dispute involving a knife and a gun. The plaintiff alleged excessive force, which the jury did not find believable. Excellent work by Kent Police Officers and Chief Thomas in preparing and testifying in this important case. INFORMATION TECHNOLOGY • The Police Department has requested a total of nine moves as they have internal promotions and division changes. The Information Technology (IT) Service Desk and Network Operations group supports each of these moves. It takes two IT staff approximately 1.5 hours per move. • On March 22, 2016, the Locky Ransomware was introduced in to our network. The source was an individual checking his personal email with a city computer. The user opened an attachment that he thought was an invoice. Once the file was opened, the Locky Ransomware was downloaded, installed and began encrypting the files on his drives. By the time IT was notified of the problem, over 500,000 files were already encrypted spanning across Fire’s U: and P: shares and the City’s S: share. The data on these drives were unavailable for period of around 28 hours. Any data on the local machine the individual was using was lost. Five IT resources were dedicated to this problem for an entire work day, with one individual continuing to work until 10:15 p.m. • Phase I of the Mobile Desktop Computer (MDC) project which included the deployment of 63 new computers was completed April 1. The new MDC overlay allows the City’s Police Department to be Criminal Justice Information System (CJIS) compliant, connect to all City of Kent resources while in the field increasing productivity and safety. The deployment included an integrated bar code reader allowing for more efficient transfer of information from driver licenses, increasing safety and productivity while in the field. The new MDCs also have biometric capabilities and will integrate with future security measures. LAW • Assistant City Attorney, Victoria Robben reviewed 37 Correction Notices, 14 Notice of Violations, and 3 Voluntary Correction Agreements. She created two forms for use by economic and community development code enforcement and provided advice and Page 4 of 6 direction regarding 12 code enforcement-related issues. Victoria also assisted public works with the preparation of a request for proposal for street sweeping services. • Deputy Prosecutor, Tami Perdue presented a training session at the Criminal Justice Training Center. Tami and Prosecutor Michele Walker, presented trainings at the Washington Association of Municipal Attorneys annual DUI Boot Camp. There was an 86% Guilty Plea as Charged rate for the April jury term and Michele prosecuted a $1,900 forfeiture proceeding. PARKS, RECREATION, AND COMMUNITY SERVICES • Housing and Human Services o Human Services received 91 applications (submitted by 64 agencies) for 2017-18 human services funding. Staff is doing a preliminary screening to ensure the required documents were received and then preparing the applications for Human Services Commission review. o Staff met with Within Reach, an organization working with United Way of King County and the Kent School District to increase the number of children participating in the summer lunch program available throughout the community. While there are a number of sites in Kent, some sites have low participation so increasing utilization is a priority. • Recreation o The 2015-2016 Spotlight Series concluded on Friday, April 1 with a performance of Sister’s Easter Catechism at Kentwood High School Performing Arts Center. A crowd of 237 enjoyed the seasonal edition of the popular Late Nite Catechism series. Folk- rock singer-songwriter Al Stewart performed as part of Spotlight Series on Friday, March 18 at Kentwood High School Performing Arts Center to a completely sold out crowd of 468. o A new show is on display in the Centennial Center Gallery – “Transitions” features work by three artists – Peter Boome, J. Gordon, and Ann Reid. A reception will be held on Thursday, April 21 from 4-7 p.m. in conjunction with the Kent Downtown Partnership’s monthly Third Thursday Art Walk. o Spring break day camp is underway (and at capacity) with 30 campers in K-6th grade. This popular program provides a safe and structured option for kids while on break from school. Trained recreation leaders keep participants engaged in arts/crafts projects, group games, socialization and even a field trip to the movies. o A sold out crowd of 230 attended the educational and musical festivities at the Kent Senior Activity Center on March 31. The event started with two-standing room only workshops focusing on Social Security and Medicare. Individual appointments were also available for those who wanted to open a, “My Social Security” account. Mitzel’s provided a tasty boxed dinner and 13 sponsoring vendors set up informational booths. The evening ended with an “Elvis Inspirational” concert featuring tribute artist Danny Vernon. POLICE • Staff Changes - Hiring/Retirement/Recruitment/ Leaves/Promotions o Three conditional offers went out last week. • Significant crime activities/arrests/investigations Page 5 of 6 o A felony harassment with a gun occurred on Thursday, April 7 at the Ventanna Apts. Witnesses that were interviewed stated that they had heard the threats and saw the imprint of the firearm in the suspect’s pocket. Suspect then left the location. Officers later came back and located the suspect who surrendered and was taken into custody. The gun was recovered and put into evidence. o On Friday, April 8, a domestic violence victim was assaulted, threatened and strangled. When officers arrived in the 23200 block of 112th PL SE, the suspect had already fled the scene. The victim was treated for injuries and interviewed, providing detailed information which allowed the officers to ascertain a possible address. They were able to locate the suspect and take him into custody. o NRT (Neighborhood Response Team) and Patrol arrested an RJC Inmate after he ran out of court April 13. He was captured so quickly that he only made it a couple blocks. • Major emphasis patrol o Data Driven Approaches to Crime and Traffic Safety (DDACTS) officers recovered two stolen vehicles. One with a brief pursuit. Both had evidence of other crimes, which included drugs, fraud and ID theft. The first one resulted with two in custody. With the other, the suspect escaped a canine and guardian search. o Kent Detectives participated in a multi-agency Auto Theft Task Force Emphasis on Saturday, April 9. The team located two occupied stolen vehicles, made three arrests and later recovered an additional four unoccupied stolen vehicles. • Other o A car bumper was struck by a train at the Burlington Northern Railroad/Smith Street crossing. The vehicle left the scene. PUBLIC WORKS • Street concrete crews are pouring concrete panels on Gowe St., between Kennebeck and Titus streets. • Signs and Markings Crews are working with police to help clean up the homeless camp under the Don Wickstrom Bridge. • Vegetation crews are busy with mowing and trimming areas all over Kent and fixing the fencing along Russell Road. • The Water Mains and Services crew is renewing the service line on Railroad Ave. and installing an isolation valve on McClendon’s fire line. • The Water Source and Supply section is working on the 2015 Consumer Confidence Report. • Storm crews are replacing a culvert at 27710 135th Ave SE and cleaning storm systems on Canyon and 252nd, Guiberson and Scenic Hill Way, Kensington and Seattle, and Canyon and 97th. • Sewer crews are doing maintenance and cleaning at the Fenwick station. • Design o 72nd Avenue Extension – Working on a revision to relocate additional Western Processing utilities encountered during construction. o 224th St. Phase 1 – 90% plans were distributed for review April 5 with comments due May 4. Page 6 of 6 o 277th St. Auburn Project – Coordinating project with Auburn, Kent IT Dept. and PSE. Kent and PSE will need to relocate conduits and fiber optic line at the proposed box culvert. • Land Survey o Training: Civil 3D software training for field staff to finish processes. o Construction Surveying: Kent Kangley Rd Pedestrian Improvements, 72nd Ave. Extension, James St. Pump Station, South Reach Levee and James St. Water line. o Design Surveying: 228th/Union Pacific Railroad Grade Separation, 2016 Water Improvements and Hytek site topography. o Right of Way: 228th/224th East Leg and Mill Creek Rehabilitation. • Construction o Central Ave S. Pavement Preservation and Utility Improvements: Final sidewalk replacement from SE 259th St. to Willis St. will conclude this week. o SR 516 to S 231st Way Levee Improvements, Russell Rd Upper Levee – South Reach: The Green River Trail at Russell Road/James St will be closed until the final embankment, grading and paving is completed. Frager Road is the detour around the work area. Please follow the posted detour route. o Kent Kangley Pedestrian Improvements: Work has begun on April 13, starting at the intersection of Kent Kangley and 124th Ave SE. o James St. Pump Station: Well drilling will begin this week. o James Street Improvements – Water main and Landscaping: The contract has been executed with R.L. Alia Company and the preconstruction meeting was scheduled for April 15. o Cambridge Emergency Sewer Repair: The contractor has completed the necessary repair work and is working on final landscape and fencing restoration. • Transportation o Staff is preparing a grant application for a portion of East Valley Highway between S. 196th Street and S. 180th Street. The segment is still being identified. o An order is being placed for the street light poles that have been knocked down. These poles will begin being restored this summer. o Staff is completing a gap analysis on the ADA Transition Plan. o Staff is completing an analysis of gaps in the sidewalk facilities for the 132nd Ave SE pedestrian improvements in preparation for a 2017capital project. • Environmental: Leber bids opened last week. Scarscella came in as the apparent low bidder. They will be starting work soon to remove 90,000 yards of material. # # # EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION