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
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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
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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
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CHANGES TO THE AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF
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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
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PUBLIC COMMENT
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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
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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
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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.
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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
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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
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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):
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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?
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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
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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:
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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?
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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
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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
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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
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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.
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Signature:
Date: 3/7/16
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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
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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.
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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 -
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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 -
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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 -
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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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;
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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
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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;
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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.
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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,
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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.
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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
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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
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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,
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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
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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
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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,
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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.
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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;
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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.
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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
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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.
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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.
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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
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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:
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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
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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;
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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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
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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
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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
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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.
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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.]
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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.]
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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.
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[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.]
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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
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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;
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(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
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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.
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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,
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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.]
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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.]
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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.]
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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,
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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
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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.]
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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.
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(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.]
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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.
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[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.]
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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.
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(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:
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(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.]
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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.]
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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.]
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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.
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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.
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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
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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.
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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.
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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.
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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;
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(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.
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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
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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
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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.
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(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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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.
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(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
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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
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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,
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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%,
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(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
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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.
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(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;
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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
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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;
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• 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.
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(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
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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
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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
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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
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Limited Tax General Obligation Refunding Bonds, 2016
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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.
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Limited Tax General Obligation Refunding Bonds, 2016
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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
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Exhibit B
Form of Financing Agreement
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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
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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
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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.
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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
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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.
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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
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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.
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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
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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.
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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
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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.
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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
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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.
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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
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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
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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.
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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.
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EXECUTIVE SESSION
ACTION AFTER EXECUTIVE SESSION