HomeMy WebLinkAbout02-22-10 Council Workshop
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CALL TO ORDER / PLEDGE OF ALLEGIANCE/ROLL CALL
APPROVAL OF THE AGENDA
WORKSHOP ITEMS ~ NO ACTION WILL BE TAKEN
1. (5 minutes) 2010 Airport Budget Amendment ATTACHMENT A
2. (5 minutes) Gifford Sidewalks Bid Results and Contract Award ATTACHMENT B
3. (15 minutes) Review of Tourism Economic Development Grant Allocation ATTACHMENT C
4. (30 minutes) Proposed Resolution to revise the City’s Fee Schedule ATTACHMENT D
5. (15 minutes) Tri-Agency Interlocal on Emergency Management ATTACHMENT E
6. (15 minutes) Review of “Top 10 Goals and Priorities for 2010” ATTACHMENT F
7. (10 minutes) Review of AMC Title 9 revisions ATTACHMENT G
8. (15 minutes) Review of AMC Title 10 revisions ATTACHMENT H
9. (10 minutes) Joint Defense Agreement—authorizing the mayor ATTACHMENT I
to contract with Ogden Murphy Wallace PLLC for limited legal
representation relating to Verizon Northwest refund request
ADJOURNMENT
To download all attachments, click here
Arlington City Council Workshop
February 22, 2010 – 7 PM
City Council Chambers ~ 110 E. Third
City of Arlington
Council Agenda Bill
AGENDA ITEM:
Workshop #1
ATTACHMENT A
COUNCIL MEETING DATE:
February 22, 2010
SUBJECT: 2010 Airport Budget
Amendment
DEPARTMENT OF ORIGIN:
Airport
ATTACHMENTS: Budget Amendment Breakdown
EXPENDITURES REQUESTED: $166,000
BUDGET CATEGORY: Airport Improvement Fund
LEGAL REVIEW: None
DESCRIPTION: This item involves amending the 2010 Airport Budget by $80,000 for the
installation of lighting on the west ramp, a construction project that is being carried over from
2009; amending the budget by $85,000 for Lot 44 Roof Improvements and Miscellaneous
building improvements; and amending the budget by $1,000 in additional funding for seeding
the landfill based on updated cost estimates. The amendment also includes re-dedicating the
$40,842 originally budgeted in 2010 for improvements for the M&O Office building to
improvements to Lot 108. Lot 108 sits adjacent to the city shop compound and is currently
vacant. Based on discussions with the Airport Commission it is staff’s intention to demolish
the existing building on the site so the lot can become available for lease. The funds are being
re-dedicated because the city has received a grant for the M&O office building improvements.
A breakdown of the amendments is attached.
HISTORY: The funds for the west ramp lighting being carried over were originally budgeted
in the CIP Fund but in 2010 will be paid for out of the Airport Improvement Fund. Adequate
funds are available in the Airport Improvement Fund to fund the amendments. After the
amendments the estimated end of year balance for 2010 for the Airport Improvement Fund is
$335,323. The Airport Commission approved the budget amendment at their February 9th
meeting.
ALTERNATIVES: None at this time, this item is for discussion only.
RECOMMENDED ACTION: This item is for discussion only.
Budget Amendment Breakdown
Airport Improvement Fund
Revenue
2010 Beginning Fund Balance 569,253.00$
Transfer from Airport Operating Budget 450,144.00$
Interest 2,500.00$
Total Revenue 1,021,897.00$
Expenditures (Funds anticipated to be spent in 2010)
2010 Budgeted Projects 450,144.00$
Projects Currently Under Contract 70,430.00$
REQUESTED AMENDMENTS
#1 West Ramp Lighting 80,000.00$
#2 Lot 44 Roof & Msc. Building Improvements 85,000.00$
#3 Additional Funds for Landfill Seeding 1,000.00$
Total Anticipated Expenditures 686,574.00$
Estimated End of Year Cash Balance 335,323.00$
City of Arlington
Council Agenda Bill
AGENDA ITEM:
Workshop #2
ATTACHMENT B
COUNCIL MEETING DATE:
February 22, 2010
SUBJECT:
Authority to Bid for Gifford Avenue
Sidewalk (ARRA funded project)
DEPARTMENT OF ORIGIN:
Public Works
ATTACHMENTS:
• Bid Tab
EXPENDITURES REQUESTED: Engineer’s Estimate $114, 730
BUDGET CATEGORY: Transportation Improvement Fund –
ARRA Grant Funding
LEGAL REVIEW: City Attorney will review contract
documents prior to Mayor’s Signature
DESCRIPTION: On February 11, 2010 the City opened bids for the Gifford Avenue
Sidewalk Project. Eleven bids were received and the apparent low bidder is R Custom
Excavation of Port Orchard Washington with a bid of $97,757.32. Staff is currently in
the process of checking references and qualifications on the low bidder and additional
information will be available at the workshop; pending the results of the reference
checks and qualifications this will be followed up with the Award of Contract at the
March 1, 2010 Council Meeting.
HISTORY: The Gifford Avenue Sidewalk project is part of the Transportation Capital
Improvement Program (CIP). This project generally consists of the installation of
approximately 1600 linear feet of 5 foot wide permeable concrete sidewalks and
associated items along Gifford Avenue. Work shall also include the installation of curb,
gutter, ADA ramps, driveways, surface restoration and other required items to make
this project complete. This project is funded with a $92,000.00 ARRA Grant and Traffic
Mitigation
ALTERNATIVES:
• No action at this time
RECOMMENDED ACTION:
No action at this time – Council will be requested to take action at the March 1, 2010 Council
Meeting.
Date: February 11, 2010
Project: Gifford Sidewalk Project
Company Bid Amount
R Custom Excavation, Inc. – Port Orchard, WA $97,757.32
Global Contractors, LLC – Puyallup, WA $101,770.00
Taylor’s Excavating – Stanwood, WA $141,978.75
Reece Trucking Exc., Inc. – Marysville, WA $144,153.27
Northend Excavating Inc. – Granite Falls, WA $154,535.88
Precision Earthworks – Mukilteo, WA $157,770.00
RJ Lampers Const. Co., Inc. – Snohomish, WA $167,268.50
Story Construction, Inc. – Marysville, WA
$169,610.00
Schwetz Const., Inc. – Sedro Woolley, WA $170,925.64
LMH Construction – Tulalip, WA $173,096.25
Greyco Excavating, LLC – Lake Stevens, WA $180,686.50
City of Arlington
Council Agenda Bill
AGENDA ITEM:
Workshop #3
ATTACHMENT C
COUNCIL MEETING DATE:
March 1, 2010 city council meeting
SUBJECT:
Hotel Motel Tax Distributions for 2009
DEPARTMENT OF ORIGIN:
Executive/Finance
CONTACT: Allen Johnson, 403-3443
Jim Chase, 403-3422
ATTACHMENTS:
1. Spreadsheet listing applications and funding recommendation
(copies of the applications were distributed separately)
EXPENDITURES REQUESTED: $ 97,200
BUDGET CATEGORY: Lodging Tax Fund
LEGAL REVIEW: City Attorney will review the proposed
contracts before they are signed
DESCRIPTION:
For the 2010 funding process ten applications were received totaling $ 144,725. The Lodging Tax
Fund has approximately $ 150,000 available to distribute. The Hotel Motel tax committee met
on February 3, 2010 to review and make recommendation regarding the applications. The
committee is comprised of:
Sally Lien, (who was elected Chair as per state law), Barbara Tolbert, Laura Kuhl, Amber
Armstrong, and Mary Ann Monty. By state law the committee must be comprised of one
member representing an event that would be eligible to apply for grant funds and one member
representing an Arlington hotel or motel.
$ 97,200 in funding was recommended. The committee is mindful of the current economy
which also affects hotel motel tax revenues and wanted to make sure there is sufficient revenue
for 2011 allocations.
HISTORY: State law authorizes cities and counties to impose hotel-motel taxes. Revenues
generated from the tax are to be used for tourism promotion and tourism-related facilities. The
City began collecting a 2% hotel-motel tax in 2005. Cities with population over 5000 are
required to establish a Lodging Tax Advisory Committee prior to imposing the tax. Arlington’s
Lodging Tax Committee was appointed on September 20, 2004. The committee is charged with
making recommendations to the full council for allocation of funds collected. $ 29,000 was
funded in 2006, $ 61,354 in 2007, $110,558 in 2008 and $127,150 in 2009. This is the fifth year of
funding.
ALTERNATIVES:
1. Table for additional review
2. Do nothing
RECOMMENDED ACTION: The City Council is requested to approve the funding
applications as recommended by the Hotel Motel Tax Committee.
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Project Project Total Sponsor Hotel / Motel Tax Committee
Sponsor Title Project Match Request Recommendation
Arlington EAA Fly-in Promotion/advertising fly-in $100,500.00 $73,000.00 $27,500.00 $25,000.00
Arlington Arts Council
AAC's popular music
concert's at BPAC $20,000.00 $5,000.00 $15,000.00 $13,000.00
Downtown Arlington Merchants Association
Brochures,advertising,
marketing, web-site $19,000.00 $4,750.00 $14,250.00 $8,500.00
Arlington/Smokey Point Chamber of Commerce Visitor Information Center $22,800.00 $11,400.00 $11,400.00 $11,400.00
Arlington/Smokey Point Chamber of Commerce
Telephone directory (portion
dedicated to tourist
promotion)$58,998.00 $51,623.00 $7,375.00 $2,300.00
Arlington/Smokey Point Chamber of Commerce
2010 Fourth of July Events,
Peddle Paddle Puff Triathlon
and Fireworks Show $7,580.00 $2,580.00 $5,000.00 $5,000.00
Olympic Ballet Theatre The Nutcracker in Arlington $103,500.00 $99,500.00 $4,000.00 $4,000.00
Red Rooster Route Red Rooster Route Days $9,500.00 $3,100.00 $6,400.00 $0.00
City of Arlington
Visitor information portion of
Legion Park Restroom
building $70,000.00 $24,000.00 $46,000.00 $23,000.00
City of Arlington
Summer Outdoor Recreation
Events $10,750.00 $2,950.00 $7,800.00 $5,000.00
TOTALS $422,628.00 $277,903.00 $144,725.00 $97,200.00
Hotel / Motel Funding Applications for 2010 - HOTEL MOTEL TAX COMMITTEE RECOMMENDATION
City of Arlington
Council Agenda Bill
AGENDA ITEM:
Workshop #4
ATTACHMENT D
COUNCIL MEETING DATE:
February 22, 2010
SUBJECT:
Proposed Resolution to revise the City’s
Fee Schedule
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
Proposed Revised Resolution amending the current City fee schedule for Land Use Fees,
Cemetery Fees, Business Licensing Fees, and Dog Licensing Fees
Memo from Cemetery Board recommending changes to the cemetery fees
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
City staff is proposing revisions to the City fee schedule for Land Use Fees, Cemetery Fees,
Business Licensing Fees, and Dog Licensing Fees. The proposed revisions are for new and
revised planning regulations that were adopted by Council on January 19, 2010. Also included in
the proposed revisions are revised cemetery fees, as recommended by the City’s Cemetery
Board, Business Licensing fees for businesses that do not have a permanent location within city
limits but are doing business within the City, and revised dog licensing fees.
HISTORY:
On April 20, 2009, the City Council approved Resolution No. 785 updating the City’s fee
schedule. These fees became effective April 22, 2009. The City Council reviewed the planning
fee revisions at the September 28, 2009 workshop. The fee revisions were recommended to be
adopted at the December 7, 2009 Council meeting, but this action was deferred until certain
updates to the Municipal Code were completed.
ALTERNATIVES:
Do not adopt the proposed Resolution.
Remand to staff with specific direction.
RECOMMENDED MOTION:
No action is requested. The Council will be asked to adopt the proposed Resolution at the March
1, 2010 meeting.
Page 1
RESOLUTION NO. 785XXX2010-xxx
A RESOLUTION REPLACING RESOLUTION NO.785,
AND ADOPTING A REVISED FEE SCHEDULE
WHEREAS, the City Council, through ordinance, has adopted regulations requiring certain
actions and services; and,
WHEREAS, these various ordinances set forth that fees shall be set by resolution; and,
WHEREAS, the cost of providing these various services consistent with applicable codes,
regulations, and policies periodically increase or decrease, or certain services or practices are
discontinued and fees are no longer needed; and,
WHEREAS, it is the intent of the City of Arlington to charge appropriate fees and charges
that are consistent with the services provided and to cover the public cost of providing these
various services so that the public is not subsidizing individual benefits derived therefrom;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ARLINGTON AS FOLLOWS:
The following rates, fees, and charges for various services provided, actions performed, or items
sold by the city and/or its contract service providers, and fines levied against code violators, are
hereby adopted:
Section 1. Fees and Charges—General.
1.1 Fees. Fees are intended to cover the normal, recurring costs associated with
providing a given service. Fees are non-refundable.
1.2 Prices. In some instances, the City provides certain goods and merchandise for
sale. Prices for these goods may be included in this resolution.
1.3 Payment Due. Fees are due at the time the action is requested (e.g., at time of
application) or occurs (e.g., prior to a specific action). An applicant may pay all
fees of a multi-phased project in advance; however, doing so does not vest
applicable fees due. Fees due are those in effect at the time the specific action or
phase of an action is requested or occurs.
1.4 Waivers. Upon petition by the applicant, the City Council may waive any of the
fees, or portions thereof, for any non-profit organization or government agency.
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2010-XXX
Page 2
Section 2. Land Use Fees. Fees for various services, actions, and permits regarding land use,
as per AMC Title 20 Land Use Code, shall be as listed in Table 1: Land Use Fees.
Table 1: Land Use Fees
Action Fee ($)
Land Use Permits
Zoning Permit 2,222
Special Use Permit 3,306 plus actual cost of Hearing
Examiner (if req’d)
Conditional Use Permit 3,862 plus actual cost of Hearing
Examiner
Administrative Conditional Use Permit
Seasonal/Special Event
Homeless Encampment
102
508
Preliminary Plats and Binding Site Plans
Conditional Use Permit for a Long Plat 6,983 plus actual cost of Hearing
Examiner
Zoning Permit for a Short Plat 3,068
Final Plats and Binding Site Plans
Long Plat 3,389
Short Plat 1,823
Development Agreements 3,862 plus actual cost of Hearing
Examiner (if req’d)
Master Plan 12,500
Design Review
Administrative 212
Design Review Board 423
Forest Practices Permits
Permit Review 423
Forest Practices Permit Application Fee 106 plus 106 per acre
Review Fee for Conversion Option Harvest Plan Approval 106 plus 106 per acre
Review Fee To Lift Moratorium 300
Inspection Fee 127 per hour plus 106 per acre
Appeals
To City Council 212
To Planning Commission 212
To Hearing Examiner 582 plus actual cost of Hearing
Examiner
To Shoreline Hearings Board 582
Reconsideration of Decision by:
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2010-XXX
Page 3
Action Fee ($)
Community Development Director and/or a designee 79
Planning Commission 106
Hearing Examiner 212 plus actual cost of Hearing
Examiner
City Council 132
Permit Extension
Extension 53
Amendment to or Modification of Permit
Insignificant Design Deviations 53
Minor Design Modifications or ChangesAmendment 317
Major Amendment 1,067 plus cost of Hearing
Examiner (if req’d)
Binding Site Plans
Text and/or Design Deviation 741
Lot Line Adjustment or Changes to Number of Lots 1,323
Development Agreement 741 plus actual cost of Hearing
Examiner (if req’d)
Boundary Line Adjustment
Boundary Line Adjustment 1,664
Land Use Ordinance Amendment
Amendment to Text of Land Use Ordinance 741
Amendment to Zoning Map (rezone)
< 5 acres 1,111
> or = 5 acres 1,957
Comprehensive Plan Amendment
Minor Amendment (annual cycle) 1,428
Major Amendment (5-year cycle) 2,116
Annexations
Submission of 10% Petition 106
Submission of 60% Petition 1,058
If it goes to BRB hearing 794
Shoreline Development Permit
SDP in conjunction with a Land Use Permit 529
SDP not in conjunction with a Land Use Permit 1,058
Variance
Administrative 635
If it goes to hearing (fee in addition to that paid for
Admin. Decision)
1,217 plus actual cost of Hearing
Examiner
Miscellaneous Actions/Items
Zoning Interpretation 106
Pre-Application Meetings
1st two hours 0
Subsequent meetings 317 per meeting
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2010-XXX
Page 4
Action Fee ($)
SEPA Review (note: review of checklist included in
Land Use Permit fee )
SEPA Only (no land use permit required) 529
Review of requested studies (i.e. traffic, wetland, geo-
tech, etc)
159
Review of requested studies (i.e. drainage, geo-tech, etc) 711
Environmental Impact Statement (EIS) 1,058 plus actual cost of consultant
Request of Utility Services Outside City
Single-Family Residence/Duplex 212
Other Development 635
Section 3. Public Works Fees. Fees for various services, actions and permits shall be as
listed in Tables 2-1: Review Fees, 2-2: Grading Plan Review Fees and 2-3: Grading Permit
Fees.
Table 2-1: Review Fees
Action Fee ($)
Site Civil Review 6% E.E.C.C* with a minimum charge of 1,587
Additional Plan Review Fee 212 each
Miscellaneous Engineering Fee 529 each
As-Built Review Fee Included in the site civil review fee
Final Plat Review Fee Included in the site civil review fee
Inspection Fee 127 per hour-1/2 hour minimum
Outside Consultant Review Fee Actual cost
Simple Site Plan Review 265 per lot
Right of Way 6% E.E.C.C* or maximum 1,058 with a
minimum charge of 106 plus inspection fees
Right of Way Vacation 1,058
Miscellaneous Staff Time 127 per hour per person-1/2 hour minimum
Engineering Meetings-after 2 hours 317 per meeting
Water Availability Certificate SFR 32 – Non-SFR 106
Recovery Contract 1,058 plus actual cost
GIS
Zoning and Land Use Maps 10.00
11x17 5.00
2x3 13.00
3x3 19.00
3x4 25.00
Map CD 26.00
Data CDs/FTP 26.00 per client
Hourly Rate for Custom Work 127 per hour, ½ hour minimum
Laminating 3/sq ft
Shipping 5.00
Fee none
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2010-XXX
Page 5
* E.E.C.C Engineer’s Estimated Cost of Construction-Includes labor, equipment, material, overhead and profit.
Prices shall be from RS Means (latest edition) data adjusted for the Snohomish County area or from local sources if
not included in the RS Means database.
* Simple Site Plan Review - No water or sewer extension - Single family residence with maximum of 2 lots.
* Additional plan review applies when there is a change, addition or revision to the plan.
* Additional plan review fees will be charged at any point in the project when more than 2 reviews are required.
* Inspection Fee - commercial and residential plats (storm drainage, landscape, right-of-way and bond
inspections).
* Outside Consultant Review Fee.
* Water Availability Certificate Fee.
* Engineering Meetings (first 2 hours are no charge).
* Miscellaneous engineering fee - traffic and storm water report/design reviewed in-house.
Table 2-2: Grading Plan Review Fees
2009 Fee ($) 2010 Fee ($)
50 Cubic Yards or less No fee No fee
51 to 100 cubic yards 25.00 25.50
101 to 1,000 cubic yards 39.25 40.00
1,001 to 100,000 cubic yards
First 1,000 cubic yards
Plus - for each additional
10,000 yards or fraction thereof
52.30
26.00
53.35
26.50
100,001 to 200,000 cubic yards
For the first 100,000 cubic yards
Plus - for each additional
10,000 yards or fraction thereof
286.25
14.10
292.00
14.40
200,001 cubic yards or more
For the first 200,000 cubic yards
Plus - for each additional 10,000 cubic yards or fraction
thereof
426.90
7.70
435.45
7.85
Other Fees: Additional plan review required by changes,
additions or revisions to approved plans (minimum
charge – 1/2 hour)
53.60*
Per hour
54.70*
Per hour
*Or the total hourly cost to the City, whichever is the greatest. This cost shall include supervision, overhead,
equipment, hourly wages and fringe benefits of the employees involved.
Table 2-3: Grading Permit Fees
2009 Fee ($) 2010 Fee ($)
50 cubic yards or less 25.00 25.50
51 to 100 cubic yards 39.25 40.00
101 to 1,000 cubic yards
First 100 cubic yards
39.25
40.00
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2010-XXX
Page 6
Plus – for each additional 100 cubic yards or fraction
thereof
18.55
18.90
1,001 to 10,000 cubic yards
For the first 1,000 cubic yards
Plus - for each additional
1,000 yards or fraction thereof
206.40
15.40
210.50
15.70
10,001 to 100,000 cubic yards
For the First 10,000 cubic yards
Plus - for each additional
10,000 yards or fraction thereof
344.90
70.00
351.80
71.40
100,001 or more cubic yards or more
For the first 100,000 cubic yards
Plus - for each additional 10,000 cubic yards or fraction
thereof
975.30
38.75
994.80
39.50
Section 4. Building Permit Fees. For determining the value of a structure, the most current
issue of the Building Safety Journal Magazine, which offers the legacy building valuation
data fee schedule as published by the International Code Council, is adopted by reference.
Fees shall be as listed in Tables 3-1: Building Permit Fees, 3-2: Miscellaneous Building
Inspection Fees and 3-3: Miscellaneous Building Permit Fees.
Table 3-1: Building Permit Fees
Total
Valuation($)
2009 2010 2011 2012 Fee ($)
1.00 – 500.00 28.50 29.00 29.50 30.00 0.00 to 500.00
501.00 – 2,000.00 28.50
3.75
29.00
3.75
29.50
3.83
30.00
3.90
For the first 500.00 plus
For each additional 100.00, or
fraction thereof, to and including
2,000.00
2001.00 –
25,000.00
84.75
17.00
86.00
17.25
86.95
17.60
88.50
17.95
For the first 2,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
25,000.00
25,001.00 –
50,000.00
475.75
12.25
482.75
12.50
491.75
12.75
501.35
13.01
For the first 25,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
50,000.00
50,001.00 –
100,000.00
782.00
8.50
795.25
8.70
810.50
8.87
820.10
9.05
For the first 50,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
100,000.00
100,001.00 –
500,000.00
1,207.00
6.80
1,230.25
6.90
1,254.00
7.04
1,272.60
7.18
For the first 100,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2010-XXX
Page 7
500,000.00
500,001.00 –
1,000,000.00
3,927.00
5.75
3,990.25
5.90
4,070.00
6.02
4,144.60
6.14
For the first 500,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
1,000,000.00
1,000,001.00 and
up
6,802.00
4.45
6,940.25
4.50
7,080.00
4.59
7,214.60
4.68
For the first 1,000,000.00 plus
For each additional 1,000.00, or
fraction thereof
Total
Valuation($)
2013 2014 2015 2016 Fee ($)
1.00 – 500.00 30.50 31.00 31.50 32.00 0.00 to 500.00
501.00 – 2,000.00 30.50
3.98
31.00
4.06
31.50
4.14
32.00
4.22
For the first 500.00 plus
For each additional 100.00, or
fraction thereof, to and including
2,000.00
2001.00 –
25,000.00
90.20
18.31
91.90
18.67
93.60
19.05
95.30
19.43
For the first 2,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
25,000.00
25,001.00 –
50,000.00
511.33
13.27
521.31
13.53
531.75
13.80
542.19
14.08
For the first 25,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
50,000.00
50,001.00 –
100,000.00
843.08
9.23
859.56
9.42
876.75
9.61
894.19
9.80
For the first 50,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
100,000.00
100,001.00 –
500,000.00
1,304.58
7.32
1,330.56
7.47
1,357.25
7.62
1,384.19
7.77
For the first 100,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
500,000.00
500,001.00 –
1,000,000.00
4,232.58
6.26
4,318.56
6.39
4,405.25
6.51
4,492.19
6.64
For the first 500,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
1,000,000.00
1,000,001.00
and up
7,36
2.58
4.78
7,51
3.56
4.87
7,66
0.25
4.97
7,81
9.19
5.07
For the first 1,000,000.00 plus
For each additional 1,000.00, or
fraction thereof
Total
Valuation($)
2017 2018 2019 2020 Fee ($)
1.00 – 500.00 32.50 33.00 33.50 34.00 0.00 to 500.00
501.00 – 2,000.00 32.50
4.31
33.00
4.39
33.50
4.48
34.00
4.57
For the first 500.00 plus
For each additional 100.00, or
fraction thereof, to and including
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2010-XXX
Page 8
2,000.00
2001.00 –
25,000.00
95.17
19.81
98.85
20.21
100.70
20.62
102.55
21.03
For the first 2,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
25,000.00
25,001.00 –
50,000.00
552.78
14.36
563.68
14.65
574.96
14.94
586.24
15.24
For the first 25,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
50,000.00
50,001.00 –
100,000.00
911.78
9.99
929.93
10.19
948.46
10.40
967.24
10.61
For the first 50,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
100,000.00
100,001.00 –
500,000.00
1,411.28
7.93
1,439.43
8.08
1,468.46
8.25
1,497.74
8.41
For the first 100,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
500,000.00
500,001.00 –
1,000,000.00
4,583.28
6.78
4,671.43
6.91
4,768.46
7.05
4,861.74
7.19
For the first 500,000.00 plus
For each additional 1,000.00, or
fraction thereof, to and including
1,000,000.00
1,000,001.00 and
up
7,973.28
5.17
8,126.43
5.27
8,293.46
5.38
8,456.74
5.49
For the first 1,000,000.00 plus
For each additional 1,000.00, or
fraction thereof
Table 3-2: Miscellaneous Building Inspection Fees
Action Fee ($)
Inspections outside of normal business hours 50.00 per hour1 (minimum charge 1 hour)
Reinspection fees assessed under provisions
of the current IBC
50.00 per hour1
Inspection for which no fee is specifically
indicated
50.00 per hour1 (minimum charge—1 hour)
Additional plan review required by changes,
additions or revised plans
50.00 per hour1 (minimum charge—1 hour)
For use of outside consultants for plan review
and inspections, or both.
Actual costs2
Stop work order (working without permit) 3
1 Or the total hourly cost to the City, whichever is greatest. This cost shall include supervision, overhead, equipment, hourly
wages, and benefits of the employees involved. 2 Actual costs include administrative and overhead costs. 3 Stop work order (SWO): failure to obtain a valid permit within 48 hour of a SWO will result in double permit fees or a fine
of $500 whichever is less. A permit applied for within the 48 hour timeframe may be subject to a fine and/or fee at the
discretion of the building official.
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2010-XXX
Page 9
Table 3-3: Miscellaneous Building Permit Fees
Action Fee ($)
Change lot after plan review completed 100.00
Change plans during or after plan review. New Plan Review Fee
Change or revise plans after issuance of
permit.
Current hourly rate per IBC or new plan review fee
Commercial or industrial re-roof IBC value or bid amount
Demolitions 100.00
Espresso carts (portable and stand alone) 250.00
Fences over 6 feet in height Current hourly rate per IBC for plan review plus
20.00 permit fee
Mobile homes 500.00
Modular offices (job shacks) 350.00
Moved buildings 100.00 prior to moving together with a building
permit fee based on the IBC valuation for new
building and cost of moved building.
Residential re-roofs 0
if plan review required 50.00
Retaining walls (permit not required
under four (4) feet
100.00 or IBC valuation, whichever is greater
Signs IBC valuation, using permit fee only
4.1 Codes Incorporated by Reference. The fee schedules set out in the following codes shall be
incorporated by reference as though set forth herein:
A. International Mechanical Code*
B. Uniform Swimming Pool, Spa & Hot Tub Code*
C. Uniform Housing Code*
D. Washington State Energy Code*
E. Washington State Ventilation & Indoor Air Quality Code*
F. Washington State Historic Building Code*
* The most recently issued edition.
4.2 Plumbing Fees. Plumbing fees shall be as listed in Table 3-4: Plumbing Fees.
Table 3-4: Plumbing Fees
Action Fee ($)
PERMIT ISSUANCE
For the issuance of each plumbing permit 25.00
For issuing each supplemental permit for which the original permit has not expired,
been canceled or finaled
10.00
Commercial permits plan review fee (based on valuation) 10%
UNIT FEE SCHEDULE (Note: The following do not include permit-issuing fee.)
Fixtures and Vents
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2010-XXX
Page 10
Action Fee ($)
For each plumbing fixture or trap or set of fixtures on one trap (including water,
drainage piping and backflow protection thereof)
12.00
For repair or alteration of drainage or vent piping, each fixture 5.0
0
Sewers, Disposal Systems and Interceptors
For each industrial waste pretreatment interceptor, including its trap and vent, except
kitchen-type grease interceptors functioning as fixture traps
20.00
Rainwater systems per drain (inside building) 10.00
Water Piping and Water Heaters
For installation, alteration, or repair of water piping or water-treating equipment, or
both, each
5.00
For each water heater including vent 12.00
Lawn Sprinklers, Vacuum Breakers and Backflow Protection Devices
For each lawn sprinkler system on any one meter, including backflow protection
devices thereof
15.00
For atmospheric-type vacuum breakers or backflow protection devices not included in
Item 1:
1 to 5 devices 12.00
Over 5 devices, each 2.00
For each backflow-protection device other than atmospheric-type vacuum breakers:
2 inches (50.8 mm) and smaller 12.00
Over 2 inches (50.8 mm) 25.00
Swimming Pools For each swimming pool or spa:
Public pool 90.00
Public spa 90.00
Private pool 60.00
Private spa 30.00
Miscellaneous
For each appliance or piece of equipment regulated by the Plumbing Code but not
classed in other appliance categories, or for which no other fee is listed in this code
12.00
4.3 Mechanical Permit Fees. Mechanical permit and inspection shall be as listed in
Table 3-5: Mechanical Permit and Inspection Fees.
Table 3-5: Mechanical Permit & Inspection Fees
Action Fee ($)
PERMIT ISSUANCE AND HEATERS
For the issuance of each mechanical permit 25.00
For issuing each supplemental permit for which the original permit has not expired,
been canceled or finaled
10.00
Commercial permit plan review fee (based on valuation) 10%
UNIT FEE SCHEDULE (Note: The following do not include permit-issuing fee.)
Furnaces
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2010-XXX
Page 11
Action Fee ($)
For the installation or relocation of each forced-air or gravity-type furnace or
burner, including ducts and vents attached to such appliance, up to and including
100,000 Btu/h (29.3 kW)
20.00
For the installation or relocation of each forced-air or gravity-type furnace or
burner, including ducts and vents attached to such appliance over 100,000 Btu/h
(29.3 kW)
23.00
For the installation or relocation of each floor furnace, including vent 20.00
For the installation or relocation of each suspended heater, recessed wall heater or
floor-mounted unit heater
20.00
Appliance Vents
For the installation, relocation or replacement of each appliance vent installed and
not included in an appliance permit
10.00
Boilers, Compressors and AC Units
For the installation or relocation of each boiler or compressor to and including 3
horsepower (10.6 kW), or each absorption system to and including 100,000 Btu/h
(29.3 kW)
20.00
For the installation or relocation of each boiler or compressor over 3 horsepower
(10.6 kW) to and including 15 horsepower (52.7 kW), or each absorption system
over 100,000 Btu/h (29.3 kW) to and including 500,000 Btu/h146.6 kW)
32.00
For the installation or relocation of each boiler or compressor over 15 horsepower
(52.7 kW) to and including 30 horsepower (105.5 kW), or each absorption system
over 500,000 Btu/h (146.6 kW) to and including 1,000,000 Btu/h (293.1 kW)
42.00
For the installation or relocation of each boiler or compressor over 30 horsepower
(105.5 kW) to and including 50 horsepower (176 kW), or each absorption system
over 1,000,000 Btu/h (293.1 kW) to and including 1,750,000 Btu/h (512.9 kW)
60.00
For the installation or relocation of each boiler or compressor over 50 horsepower
(176 kW), or each absorption system over 1,750,000 Btu/h (512.9 kW)
98.00
Air Handling
For each air-handling unit to and including 10,000 cubic feet per minute (cfm)
(4719 Us), including ducts attached thereto
15.00
Note: This fee does not apply to an air-handling unit which is a portion of a
factory-assembled appliance, cooling unit, evaporative cooler or absorption unit for
which a permit is required elsewhere in the Mechanical Code.
For each air-handling unit over 10,000 cfm (4719 Us) 20.00
Evaporative Coolers
For each evaporative cooler other than portable type 15.00
Ventilation and Exhaust
For each ventilation fan connected to a single duct 10.00
For the installation of each commercial hood which is served by mechanical
exhaust, including the ducts for such hood
50.00
Gas Piping Systems
For each gas piping system of 1 to 5 outlets 10.00
For each additional outlet over 5, each 1.00
Miscellaneous
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2010-XXX
Page 12
Action Fee ($)
For each appliance or piece of equipment regulated by the Mechanical Code but not
classed in other appliance categories, or for which the fee is listed in the table
15.00
Section 5. Cemetery Fees. Fees and prices for various services, actions, and merchandise for
cemetery use shall be as listed in Table 4: Cemetery Fees and Prices.
Table 4: Cemetery Fees and Prices
Product / Service / Action Fee ($)
Traditional Burial
Burial Lot $1,500
Opening & Closing (during business hours) $1,000
Opening & Closing (after business hours) $1,300
Concrete Grave Liner $800
Vaults
Monticello $1,595
Continental $1,895
Venetian $2,295
Cameo Rose / SST Triune $2,995
Vault Internment System $350
Inurnment
Cremation Lot / Urn Garden $650
Second Right Inurnment $500
Opening & Closing (during business hours) $445
Opening & Closing (after business hours) $695
Liner $310
Childrens Garden
Babyland Lot $397
Opening & Closing (all times) $488
Babyland Liner $658
Niche
Niche Wall I and II, rows 1-3 top half $1,142
Niche Wall I and II, rows 4-6 bottom half $1,089
Opening & Closing (during business hours) $445
Opening & Closing (after business hours) $695
Second Right Niche Wall $545
Niche Inscription – Single $363
Niche Inscription – Double $563
Tent and Chairs for Inurnment $163
Flower Vase for Niche Wall $205
Headstones and Monuments
Headstone Setting - 28 x16 or smaller $275
Headstone Setting - 32 x 20 or larger $375
Setting Fee - vase block or garden marker $60
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2010-XXX
Page 13
Setting Fee - upright momument (single) $575
Setting Fee - upright momument (double) $675
Headstone Final Inscription (off site) $550
Headstone Final Inscription (on site) $363
Headstone Sales - varies Call
Inspection Fee (outside sales only) $375
Memorial Marker - varies Call
Other Services
Memorial Tree w/ garden marker $800
Disinterment / Traditional Burial $1,995
Disinterment / Cremation $650
Pressure Washing $75
Action/Service/Product Fee ($)
Burial Lot 899
Endowment Care 180
Opening and Closing 762
After 3 pm charge 265
Saturday Service/am 645
Saturday Service/pm 645
Liner 741
Vault Handling (Wilbert Way) *Based on yearly mark up 300
Double Depth/when available 0
Disinterment 2,010
Cremation Lot/Urn Garden 369
Endowment Care 35
Second Right Inurnment 349
Opening and Closing 308
O/C after 3 pm 442
O/C Saturdays 10 - 12 pm 637
O/C Saturdays 12 - 3 pm 965
Liner 113
Niche Wall - Upper 3 rows 952
Bottom 3 rows 899
Opening and Closing 312
2nd Right Niche Wall 327
Niche Endowed Care 190
Flower Vase/Niche Wall 134
Niche Inscription - Single 201
Niche Inscription - Double 402
Inurnment Service 148
Babyland Lot 397
Endowment Care 80
Babyland O/C 265
O/C and EC after 3 pm and Saturdays 265
Babyland Liner 232
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2010-XXX
Page 14
Headstone Setting – Single *Headstone > 32” x 20” 212
Headstone Setting –Vase Block 60
Headstone Setting – Double * Headstone <32” x 20” 317
Headstone Final Inscription 235
Wilbert Vaults - Prices are based on our mark-up
Monticello 1,481
Continental 1,670
Venetian 2,144
Cameo Rose/SST Triune 3,322
**Prices now include 267 Vault Handling Fee
Section 6. Fees for the Use of City Owned Facilities. Fees for various services, actions,
and permits regarding use of City owned facilities shall be as listed in Table 5: Fees for the
Use of City Owned Facilities.
Table 5: Fees for the Use of City Owned Facilities
Use/Activity Fee ($)
Hadley Hall at the Arlington Community Youth Center
Without Kitchen
One to three hours 15 per hour
Over three hours 75
With Kitchen
One to three hours 20 per hour
Over three hours 125
Athletic Fields
League
Baseball
Youth, resident team 7.50 per youth per season
Youth, non-resident team 10 per team per use
Adult 25 per use
Softball
Youth, resident team 7.50 per youth per season
Youth, non-resident team 10 per team per use
Adult 25 per use
Soccer
Youth, resident team 7.50 per youth per season
Youth, non-resident team 10 per team per use
Adult 25 per use
Other
Youth, resident team 7.50 per youth per season
Youth, non-resident team 10 per team per use
Adult 25 per use
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2010-XXX
Page 15
Use/Activity Fee ($)
Tournament
Baseball
Youth, resident team 7.50 per youth per tournament
Youth, non-resident team 10 per team per use
Adult 25 per use
Softball
Youth, resident team 7.50 per youth per tournament
Youth, non-resident team 10 per team per use
Adult 25 per use
Soccer
Youth, resident team 7.50 per youth per tournament
Youth, non-resident team 10 per team per use
Adult 25 per use
Other
Youth, resident team 7.50 per youth per season
Youth, non-resident team 10 per team per use
Adult 25 per use
Lighting
Youth 3 per hour
Adult 6 per hour
Scheduling Fee for League and Tournament
League 15 per team
Tournament 15 per tournament
Concession Sales
League 50 per season
Tournament 25per day
6.1 Definitions.
A. “Youth” is defined as any person 18 years of age or younger.
B. “Resident” is defined as any team composed of at least 51% Arlington
residents.
Section 7. Appeal Fees for Violations and Abatement. Fees for various services and
actions regarding violations and abatement as per Chapter 11.01 of the Arlington Municipal
Code shall be as listed in Table 6: Appeal Fees for Violations and Abatement.
Table 6: Appeal Fees for Violations and Abatement
Action Fee ($)
Appeals
To Hearing Examiner 582 plus actual cost of Hearing Examiner
Fines
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2010-XXX
Page 16
Action Fee ($)
Forest Practice Violation Fine 317
Section 8. Licensing Fees. Licensing fees for various licenses issued under various sections
of the Arlington Municipal Code shall be as listed in Table 7:- Licensing Fees.
Table 7: Licensing Fees
License/Activity Fee ($)
Annual/renewal business license under AMC Chapter 5.28 60.00
Late payment penalty for each month of delinquency of business
license under AMC Chapter 5.28
5.00 per month of delinquency
For new applications applied for between October 1st through
December 30th the new business license applications pay the
following fee of $45.
45.00
For new applications applied for between January 1st through
March 30th new business license applications pay the following fee
of $30
.
30.00
For new applications applied for April 1st through June 30th new
business license applications pay the following fee. Note: $15 for
the remainder of the current business license year and $60 for the
new business license year for a total of $75, making the business
license valid thru June 30th of the following year.
75.00
Businesses with offices located outside of city limits but conducting
business within city limits (AMC Chapter 5.28)
20.00
Section 9. EMS Fees and Charges.
9.1 Fees and Mileage Charges Established. For purposes of AMC Chapter
3.06, fees and mileage for EMS services shall be set as set forth in Table 8:
Emergency Medical Services Rates and Charges.
9.2 EMS Transport Fees. In accordance with the requirements of 42 Code of
Federal Regulations (CFR) Parts 410 and 414, which provides that Medicare
fees and charges shall apply to Medicare recipients;
A. Unmet (excess fee) Part B Deductible and Part B coinsurance amounts. In
accordance with the provisions of 42 CFR Parts 410 and 414, the City
shall bill the patient for any unmet or excess fee to the extent authorized
by federal law.
B. Inability to Pay Excess Fee. Individuals who are on fixed or low incomes
or do not have the ability to pay the differential because of financial
difficulties may submit a request to waive the differential to the City with
supporting documentation of the inability to pay.
Table 8: Emergency Medical Services Rates and Charges
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2010-XXX
Page 17
Service Rate ($)
BLS Non-emergent 476.00
BLS Emergent 476.00
ALS Emergent 741.00
ALS 2 846.00
ALS Response Fee 265.00
Mileage (all categories) 16.00 per mile
Section 10. DOG LICENSE FEE For the purpose of AMC Chapter 8.09 dog license fees
shall be set as set forth in Table 9 Dog license fees.
Table 9 Dog License Fees
License Fee (#)
Annual License $ 10 altered $ 25 unaltered
Lifetime License $ 10 altered $ n/a unaltered
Replacement Tag fee $5
Late Fee – for failure to purchase annual license
before March 1
$25.00
Per RCW 49.60.380, the City of Arlington shall honor a request by a blind person or hearing impaired
person not to be charged a fee to license his or her dog guide, or a request by a physically disabled
person not to be charged a fee to license his or her service animal.
Section 10. Annual Increase. Effective January 1, 2009, the rates set forth for all fees,
except building, plumbing, mechanical and miscellaneous building permit fees, business
license, city owned facilities set forth for the year 2009 shall be increased annually by the
percentage increase of the Consumer Price Index (CPI/U) July – June (published in July of
each year) for the Seattle-Tacoma-Bremerton area for All Urban Consumers, or other
measure commonly used by the City should it change.
Section 11. Repeal of Previous Fee Resolution. Resolution 785 is hereby repealed.
Section 12. Effective Date. This resolution will become effective on March 15, 2010.
PASSED by the City Council and APPROVED by the Mayor this _____ day of
______________________ 2010.
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2010-XXX
Page 18
CITY OF ARLINGTON
_________________________________
Margaret Larson, Mayor
ATTEST:
_________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
_______________________________
Steve Peiffle, City Attorney
City of Arlington Public Works
Engineering
Memo
To: Kristin Banfield
From: Arlington Cemetery Board
cc: James Kelly, Leroy Mills, Cristy Brubaker
Date: January 12, 2009
Re: Recommended Cemetery Price Increases for 2010
In order to support the City’s proposed 2010 cemetery pricing adjustment, the Cemetery Board
reviewed the 2009 Cemetery Price Schedule to evaluate the pricing effectiveness and
comparability with local industry pricing. Justification and explanation of the pricing study is
summarized below, supporting data is attached and includes the following:
- 2010 Proposed Cemetery Price Schedule
- 2009 Cemetery Price Schedule
- Arlington Cemetery Rate Analysis
- Arlington Cemetery Benchmark Analysis
Reason for Cemetery Price Study
– Cemetery staff performed a cursory price benchmark analysis
to see how the cemetery’s prices matched to other cemeteries in the local area. This study was
presented to the Board and, after review of the findings, they requested a detailed rate analysis be
performed that would include any previous rate studies and the actual City cost of service.
Cemetery staff could not find any previous rate study data, so they performed an analysis on the
cost of service.
As a starting point for determining a new price, the Board suggested that cemetery staff take the
city’s cost for each service item and mark it up 150% - this is typical cemetery industry standard.
This analysis is included in the attached spreadsheet entitled Arlington Cemetery Rate Analysis.
Page 2
Basis for Determining City Costs
– The Cemetery offers numerous services; these include items
that range from traditional burial internment, niche wall inurnment, headstone sales, inscription
service, and Opening & Closing, among others. The City costs for these services includes the
cost for labor, estimated at a burdened rate of $65.00 per hour, and the cost of any contracted
services or procured material. An explanation of some of the issues addressed as part of the cost
of service analysis included:
- City Labor: City labor was estimated at $65.00 per hour, this estimate includes base
salary and benefits. Cemetery staff provided insight as to the estimated hours
associated with each service item offered.
- Lots and Niche Wall: Due to a lack of historical data for cost of land or services, no
cost basis was established for traditional burial lots, inurnment lots, or niche wall
space.
- Opening/Closing: The City decided to combine the various Opening & Closing service
times into two discrete times; During Business Hours (M-F, 9:00 am to 3:00 pm) and
After Business Hours (after hours and on weekends).
- Headstones/Monuments: The City currently sells headstones and monuments from
two local companies, Quiring Monuments and Pacific Coast Monuments. The city has
a wholesale cost for each monument item and the retail cost markup varies from
100% to 150% - the markup range is typical for the monument/headstone industry.
- New Services: The following new services have been added to the cemetery’s list of
offered services:
1. Memorial Marker
2. Memorial Tree with Marker
3. Headstone Inspection Fee
4. Pressure Washing of Monuments
- Deleted Services: The following services have been deleted from the cemetery’s list
of offered services:
1. Vault handling fee,
2. Headstone handling fee,
ARLINGTON CEMETERY RATE ANALYSIS
\\arlington\city\Cemetery\Cemetery-Shared\Pricing Information\2009 (Pricing for
2010)\Cemetery_Pricing_Calcs_(JXK01-14-10)1/25/2010
Traditional Burrial
Burial Lot $1,079 $1,500 39%
Opening & Closing (Bus hrs)$762 $1,000 31%
Opening & Closing (After hrs)$265 $1,300 391%
Concrete Grave Liner $741 $800 8%
Vaults
Montecello $1,481 $1,595 8%
Continental $1,670 $1,895 13%
Venetian $2,144 $2,295 7%
Cameo Rose/SST Triune $3,322 $2,995 -10%
Vault Internment System $300 $350 17%
Inurnment
Cremation Lot/Urn Garden $369 $650 76%
Second Right Inurnment $349 $500 43%
Opening & Closing (Bus hrs)$308 $445 44%
Opening & Closing (After hrs)$442 $695 57%
Liner $113 $310 174%
Childrens Garden
Babyland Lot $397 $397 0%
Opening & Closing (All times)$265 $488 84%
Babyland Liner $232 $658 184%
Niche
Niche Wall I and II, rows 1-3 top half $1,142 $1,142 0%
Niche Wall I and II, rows 4-6 bottom half $1,089 $1,089 0%
Opening & Closing (Bus hrs)$312 $445 43%
Opening & Closing (After hrs)$442 $695 57%
2nd Right Niche Wall $327 $545 67%
Niche Inscription - Single $201 $363 81%
Niche Inscription - Double $402 $563 40%
Tent and Chairs for Inurnment $148 $163 10%
Flower Vase for Niche Wall $134 $205 53%
Headstones and Monuments
Headstone Setting - 28 x16 or smaller $212 $275 30%
Headstone Setting - 32 x 20 or larger $317 $375 18%
Setting Fee - vase block or garden marker $60 $60 0%
Setting Fee - upright momument (single)$183 $575 214%
Setting Fee - upright momument (double)$275 $675 145%
Headstone Final Inscription (off site)$235 $550 134%
Headstone Final Inscription (on site)$235 $363 54%
Inspection Fee (outside sales only)---$375
Headstone Sales - varies call call
Memorial Marker - varies call call
Other Services
Memorial Tree w/ garden marker ---$800
Disinterment / Traditional Burial $2,010 $1,995 -1%
Disenterment / Cremation $312 $650 108%
Pressure Washing ---$75
% Increase
or Decrease2009
Price
BD Proposed
Price
ARLINGTON CEMETERY RATE ANALYSIS
\\arlington\city\Cemetery\Cemetery-Shared\Pricing Information\2009 (Pricing for 2010)\Cemetery_Pricing_Calcs_(JXK01-14-10)1/25/2010
Hrs Cost 40% Endow 60% Ops
Traditional Burrial
Burial Lot $1,079 ----$1,500 ---$0 $0 $0 ------Labor and Lot, no product
Opening & Closing
M-F, 9:00 am to 3:00 pm $762 $813 $1,000 5.0 $325 $0 $325 $195 $293 Labor and Equipment only
M-F, after 3:00 pm $265 $1,016 $1,300 5.0 $406 $0 $406 $244 $366 Labor and Equipment only
Sat, 10:00 am to 3:00 pm $1,407 $1,219 $1,300 5.0 $488 $0 $488 $293 $439 Labor and Equipment only
Concrete Grave Liner $741 $758 $800 1.0 $65 $238 $303 $182 $273 Product and Labor to install
Vaults
Montecello $1,481 $1,618 $1,595 1.0 $65 $582 $647 $388 $582 Product only
Continental $1,670 $1,913 $1,895 1.0 $65 $700 $765 $459 $689 Product only
Venetian $2,144 $2,660 $2,295 1.0 $65 $999 $1,064 $638 $958 Product only
Cameo Rose/SST Triune $3,322 $4,455 $2,995 1.0 $65 $1,717 $1,782 $1,069 $1,604 Product only
Vault Handeling Fee*$267 $163 1.0 $65 $0 $65 $39 $59 Labor only, no product
Vault Internment System $300 $588 $350 0.0 $0 $235 $235 $141 $212 Buy grave lowering system in 2010
Inurnment
Cremation Lot/Urn Garden $369 ----$650 $0 $0 $0 ------Lot only, no product
Second Right Inurnment $349 ----$500 $0 $0 $0 ------Lot only, no product
Opening & Closing
M-F, 9:00 am to 3:00 pm $308 $445 $445 2.0 $130 $0 $130 $126 $189 Labor and Equipment only
M-F, after 3:00 pm $442 $695 $695 2.0 $163 $0 $163 $213 $320 Labor and Equipment only
Sat, 10:00 am to 3:00 pm $945 $695 $695 2.0 $195 $0 $195 $200 $300 Labor and Equipment only
Liner $113 $229 $310 0.5 $33 $59 $92 $55 $82 Product and Labor to install
Childrens Garden
Babyland Lot $397 ----$397 $0 $0 $0 ------Lot only, no labor or product
Opening & Closing (all times)$265 $488 $488 3.0 $195 $0 $195 $117 $176 Labor and Equipment only
Babyland Liner $232 $576 $658 0.5 $33 $198 $231 $138 $207 Product and Labor to install
Niche
Niche Wall I and II, rows 1-3 top half $1,142 ----$1,142 $0 $0 $0 ------Wall space only, no labor or product
Niche Wall I and II, rows 4-6 bottom half $1,089 ----$1,089 $0 $0 $0 ------Wall space only, no labor or product
Opening & Closing
M-F, 9:00 am to 3:00 pm $312 $325 $445 2.0 $130 $0 $130 $78 $117 Labor and Equipment only
M-F, after 3:00 pm $442 $406 $695 2.0 $163 $0 $163 $98 $146 Labor and Equipment only
Sat, 10:00 am to 3:00 pm $949 $488 $695 2.0 $195 $0 $195 $117 $176 Labor and Equipment only
2nd Right Niche Wall $327 ----$545 $0 $0 $0 ------Wall space only, no labor or product
Niche Inscription - Single $201 $363 $363 1.0 $65 $80 $145 $87 $131 Contract cost for inscription
Niche Inscription - Double $402 $563 $563 1.0 $65 $160 $225 $135 $203 Contract cost for inscription
Tent and Chairs for Inurnment $148 $163 $163 1.0 $65 $0 $65 $39 $59 Labor and Equipment only
Flower Vase for Niche Wall $134 $205 $205 1.0 $65 $17 $82 $49 $74 Cemetery provides product*See com
Headstones and Monuments
Headstone Setting - 28 x16 or smaller $212 $163 $275 1.0 $65 $0 $65 $39 $59 Labor only, no product
Headstone Setting - 32 x 20 or larger $317 $163 $375 1.0 $65 $0 $65 $39 $59 Labor only, no product
Setting Fee-vase block or garden marker $60 $81 $60 0.5 $33 $33 $20 $29
Notes
Est Labor ($65/hr)
2009
Rate
Product or
Service $Cost x 2.5
City
Cost $
Profit SplitBD Proposed
Price
ARLINGTON CEMETERY RATE ANALYSIS
\\arlington\city\Cemetery\Cemetery-Shared\Pricing Information\2009 (Pricing for 2010)\Cemetery_Pricing_Calcs_(JXK01-14-10)1/25/2010
Hrs Cost 40% Endow 60% Ops Notes
Est Labor ($65/hr)
2009
Rate
Product or
Service $Cost x 2.5
City
Cost $
Profit SplitBD Proposed
Price
Setting Fee-upright momument (single)$183 $438 $575 1.0 $65 $110 $175 $105 $158
Setting Fee-upright momument (double)$275 $575 $675 1.0 $65 $165 $230 $138 $207
Headstone Final Inscription (off site)$235 $444 $550 1.5 $98 $80 $178 $107 $160
Headstone Final Inscription (on site)$235 $300 $363 0.0 $0 $120 $120 $72 $108 Contract cost for inscription
Inspection Fee (outside sales only)---$163 $375 1.0 $65 $0 $65 $39 $59 Labor only, no product
Headstone Sales - varies call call call 0.0 $0 $0 $0 ------
Memorial Marker - varies call call call 0.0 $0 $0 ------Product and Labor to install
Other Services
Memorial Tree w/ garden marker ---$525 $800 2.0 $130 $80 $210 $126 $189 Product and Labor to install
Disinterment / Traditional Burial $2,010 $650 $1,995 4.0 $260 $0 $260 $156 $234
Disenterment / Cremation $312 $163 $650 1.0 $65 $0 $65 $39 $59 *See comment
Pressure Washing ---$81 $75 0.5 $33 $33 $20 $29
ARLINGTON CEMETERY RATE BENCHMARK ANALYSIS
1/25/2010
Traditional Burrial
Burial Lot $1,079 $1,500 $1,678 $2,310 $2,195 $1,349
Opening & Closing
M-F, 9:00 am to 3:00 pm $762 $1,000 $1,060 $1,495 $1,495 $607
M-F, after 3:00 pm $265 $1,300 $1,495 $1,495
Sat, 10:00 am to 12:00 pm $1,407 $1,300 $1,310 $1,495 $1,495
Concrete Grave Liner $741 $800 $953 $536
Vaults
Montecello $1,481 $1,595 $1,695 $1,595
Continental $1,670 $1,895 $1,895 $1,895
Venetian $2,144 $2,295 $2,995 $2,295
Cameo Rose/SST Triune $3,322 $2,995 $3,995 $2,995
Vault Handeling Fee $267 $0 $200
Vault Internment System (Wilbert Way)$300 $350 $350 $325
Inurnment
Cremation Lot/Urn Garden $369 $650 $995 $1,925 $325
Second Right Inurnment $349 $500 $500 $240
Opening & Closing
M-F, 9:00 am to 3:00 pm $308 $445 $445 $695 $695 $227
M-F, after 3:00 pm $442 $695 $1,390
Sat, 10:00 am to 12:00 pm $945 $695 $695 $1,390
Liner $113 $310 $350 $212
Childrens Garden
Babyland Lot $397 $397 $220 $765 $409
Opening & Closing (all times)$265 $488 $495 $276
Babyland Liner $232 $658 $214
Niche
Niche Wall I and II, rows 1-3 top half $1,142 $1,142 $995 $1,338
Niche Wall I and II, rows 4-6 bottom half $1,089 $1,089
Opening & Closing
M-F, 9:00 am to 3:00 pm $312 $445 $445 $595 $191
M-F, after 3:00 pm $442 $695 $1,290
Sat, 10:00 am to 12:00 pm $949 $695 $695 $1,290
2nd Right Niche Wall $327 $545
Niche Inscription - Single $201 $363
Niche Inscription - Double $402 $563
Tent and Chairs for Inurnment $148 $163 $125
Flower Vase/ Niche Wall $134 $205 $29
Headstones and Monuments
Headstone Setting - 28 x16 or smaller $212 $275 $450 $300 per sq in
Headstone Setting - 32 x 20 or larger $317 $375 $450
Notes
Marysville
Cemetery Evergreen
Arlington Cem Bd
Proposed Price BayviewCypress Lawn
Arlington
Cost x 2.5
ARLINGTON CEMETERY RATE BENCHMARK ANALYSIS
1/25/2010
Notes
Marysville
Cemetery Evergreen
Arlington Cem Bd
Proposed Price BayviewCypress Lawn
Arlington
Cost x 2.5
Setting-vase block or garden marker $60 $60
Setting Fee-upright momument (single)$183 $575
Setting Fee-upright momument (Double)$275 $675
Headstone Final Inscription (off site)$235 $550
Headstone Final Inscription (on site)$235 $363
Inspection Fee (outside sales only)---$375
Headstone Sales - varies call call call call call call
Memorial Marker - varies call call call call call call
Disinternment
Memorial Tree w/ garden marker ---$800
Disinterment / Traditional Burial $2,010 $1,995 $1,955 $1,900 $1,237
Disenterment / Cremation $312 $650 $995 $216
Pressure Washing ---$75
City of Arlington
Council Agenda Bill
AGENDA ITEM:
Workshop #5
ATTACHMENT E
COUNCIL MEETING DATE:
February 22, 2010
SUBJECT:
Tri-Agency Interlocal Agreement for
Emergency Management Planning and
Coordination
DEPARTMENT OF ORIGIN:
Executive / Legal
Contact: Allen Johnson / Steve Peiffle
ATTACHMENTS:
Tri-Agency Interlocal Agreement for Emergency Management Planning and Coordination
EXPENDITURES REQUESTED: $38,900 plus employee benefit costs
BUDGET CATEGORY: General Fund (Executive Budget)
LEGAL REVIEW: City Attorney prepared the ILA
DESCRIPTION:
The purpose of the Tri-Agency Interlocal Agreement is to provide the services of emergency
management planning, development of common emergency management activities and
emergency management training for the City, the School District, and the Hospital District. The
term of the ILA is 1 year, with a 1 year automatic renewal if the parties are satisfied with the
progress. The three agencies will, prior to September 30, 2010, review the services and determine
whether any party desires to terminate this Agreement. The three agencies also agree to review
future financial participation at that time.
HISTORY:
The City, Arlington School District, and Cascade Valley Hospital had a similar interlocal that
expired December 31, 2009.
ALTERNATIVES:
Remand to staff with specific direction on changes to the ILA
Do not approve the ILA
RECOMMENDED MOTION:
No action is requested. Council will be requested to approve the Tri-Agency Interlocal
Agreement for Emergency Management Planning and Coordination at the March 1, 2010
meeting and authorize the Mayor to sign the document.
1
INTERLOCAL AGREEMENT FOR
EMERGENCY MANAGEMENT PLANNING
AND COORDINATION
THIS AGREEMENT (the “Agreement”) is entered into pursuant to the Interlocal
Cooperation Act, Chapter 39.34 RCW, by and between the City of Arlington, a municipal
corporation of the State of Washington (hereinafter referred to as “City”), the Arlington School
District, a municipal corporation of the State of Washington (hereinafter referred to as
“District”), and Public Hospital District Number 3 of Snohomish County, a municipal
corporation of the State of Washington (hereinafter referred to as “Hospital”). The City, District
and Hospital are herein referred to as “the parties”.
WHEREAS, the parties to this Agreement have a common interest in developing
emergency management plans in accordance with relevant comprehensive emergency
management plans and programs pursuant to Chapter 38.52 RCW; and
WHEREAS, the parties can benefit by having a single Emergency Management
Coordinator (“the Coordinator”) to coordinate the development of the various emergency plans
for the parties; and
WHEREAS, the parties believe that it is in their best interest to continue to provide and
coordinate emergency management services as provided herein;
NOW, THEREFORE, the City, District and Hospital agree as follows:
1. Purpose. The purpose of this Agreement is to provide the services of emergency
management planning, development of common emergency management activities and
emergency management training for each of the parties to this Agreement.
2
2. Term
3.
. The term of this Agreement shall be for one (1) year, commencing March
1, 2010 and terminating on February 28, 2011 Notwithstanding the foregoing, unless any
party gives notice to all other parties of its intent to terminate this Agreement at least
thirty (30) days prior to February 28, 2011, this Agreement shall automatically renew for
one (1) additional year to terminate on February 29, 2012. Furthermore, any party may
give written notice to terminate the Agreement at any time. The date of termination shall
be as stated in the notice, provided, however, that no such notice shall be effective sooner
than sixty (60) days prior to the proposed termination.
Oversight Committee
a.
. An oversight committee (the “Oversight Committee”)
comprised of the City Administrator, District Superintendent and the Hospital
Administrator shall be formed. This committee shall work directly with the City’s Fire
Chief in the administration of this Agreement.
Meetings
b.
. The Oversight Committee may meet at such times and
locations as may be set by the Committee.
Review and Evaluation
c. Review of Agreement. The Oversight Committee shall, prior to
September 30, 2010, review the services under this Agreement and shall
investigate whether any party desires to terminate this Agreement. The
Committee shall review future financial participation of all parties in the event the
. The Oversight Committee shall, from time to
time, periodically review and evaluate the services that are provided pursuant to
this agreement. It may recommend rules and regulations to govern the provision
of services under this Agreement, and may recommend revisions to this
Agreement to the parties hereto.
3
Agreement renews. Any changes to the Agreement or the financial participation
of any party shall be made pursuant to paragraph (7) below.
4. City as Administrator
a. During the term of this Agreement, the City shall furnish emergency
management services, including coordination for the development of common
Comprehensive Emergency Management Plans, Continuity of Operations Plans,
and Emergency Operations Plans and other type plans, such as: Pandemic Flu
Plans that will enhance and compliment the emergency management needs for
each of the parties to this Agreement.
. The City shall provide the administration necessary to
supervise the services provided under this Agreement, subject to its duties to report to the
District and Hospital as set forth below.
b. The emergency management services shall be rendered for the benefit of
Hospital & District on the same basis as such services are rendered to persons
within the city limits of Arlington, but the City assumes no liability for failure to
provide such services by reason of any circumstances beyond its control.
c. It shall be the duty of the City during the term of this Agreement to
employ the Coordinator. It is agreed by all parties that the salary costs of the
Coordinator shall be divided as follows:
1. City 46.98% ($38,900.00 per annum)
2. Hospital 46.98% ($38,900.00 per annum)
3. District 6.04% ($5,000.00 per annum)
4
Unless the Agreement is sooner terminated, the Committee shall review the cost
sharing of the Coordinator set forth herein to determine whether the same is
equitable or should be modified effective March 1, 2011.
d. The City shall fund the Coordinator’s employee benefit costs.
e. The City shall invoice the District and Hospital for their share of the
Coordinator’s salary costs. Terms and conditions of the Coordinator’s
employment shall be determined by the City. It is agreed that the District and the
Hospital may participate in the recruitment and selection of the Coordinator.
f. It shall be the duty of the Coordinator to meet with staff of the District and
the Hospital in the development of the various plans, activities and training
exercises.
g. The City shall be responsible for the supervision, employment,
termination, assignment of all personnel and equipment performing under this
Agreement.
h. The City shall consult with the Oversight Committee so that an
appropriate level of service is provided.
5. Liability. Each of the Parties to this Agreement shall, at all times, be solely
responsible for the acts and omissions of its personnel that occur or arise in any way out
of the performance of this Agreement by its personnel only, and shall save and hold the
other Parties and their personnel harmless from all costs, expenses, losses, and damages,
including costs of defense, incurred as a result of any acts or omissions of the Party’s
personnel relating to the performance of this Agreement.
5
6. Reports
7.
. The City shall provide the District and the Hospital with a written report
not less than quarterly indicating the activities that have been performed by the
Coordinator.
Modification
8.
. This Agreement represents the entire agreement between the
Parties. No notice of termination or attempted waiver of any of the provisions of this
Agreement shall be binding on any Party unless executed in writing by an authorized
representative of said Party. The Agreement shall not be modified, supplemented or
otherwise affected by the course of dealing between the Parties, and shall only be
modified by written agreement of all Parties.
Benefits
9.
. This Agreement is entered into for the benefit of the Parties hereto only
and shall confer no benefits, direct or implied, on any third persons.
Notices
10.
. All notices, requests, demands and other communications required by
this Agreement shall be in writing, and except as expressly provided elsewhere in this
Agreement, shall be deemed to have been given at the time of delivery if personally
delivered or at the time of mailing if mailed by first class, postage pre-paid and addressed
to the receiving Party at the address as stated below or at such address as any Party may
designate at any time in writing.
Multiple Counterparts
DATED THIS _____ day of ______________, 2010.
. This Agreement may be executed in multiple
counterparts, each of which shall be considered an original. Executed counterparts shall
be kept on file in the Arlington City Clerk’s Office.
CITY OF ARLINGTON
6
________________________________________
Margaret Larson, Mayor
Address for notice purposes:
238 N. Olympic Avenue
Arlington, WA 98223
ATTEST:
______________________________________
Kristin Banfield, City Clerk
ARLINGTON SCHOOL DISTRICT
________________________________________
_______________________
Board Chair
Address for notice purposes:
315 N. French Street
Arlington, WA 98223
CASCADE VALLEY HOSPITAL
_________________________________________
Clark Jones, Administrator
Address for notice purposes:
330 S. Stillaguamish Avenue
Arlington, WA 98223
City of Arlington
Council Agenda Bill
AGENDA ITEM:
Workshop #6
ATTACHMENT F
COUNCIL MEETING DATE:
February 22, 2010
SUBJECT:
Review of the Council’s “Top 10 Goals and
Priorities for 2010”
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
- Council’s “Top 10 Goals and Priorities for 2010”
- Regrouped version of the Council’s “Top Goals and Priorities for 2010”
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW: N/A
DESCRIPTION:
At the 2010 Council Retreat, the City Council and staff participated in a goal-setting exercise. At
the conclusion of the exercise, the Council indicated its desired Top 10 Goals by consensus. Since
there is no action taken at the Council Retreat, Council now needs to formally adopt its Top
Goals and Priorities for 2010.
In reviewing the original list from Council, senior staff felt the list did not capture all the primary
areas of focus. We identified a number of overarching goals and priorities and regrouped all of
the priority items originally suggested by Council and staff into these overarching categories.
Staff has attached the grouped version of the Council’s “Top Goals and Priorities”, which is now
expanded to 13 goals and priorities. We believe the regrouped list captures the overarching goals
and priorities that the Council would like City staff to address in 2010.
City staff recommends that this regrouped list be adopted by the Council.
COMMITTEE REVIEW AND ACTION:
ALTERNATIVES:
RECOMMENDED MOTION:
Council is requested to direct staff to prepare a resolution for the March 1, 2010 Council meeting
containing the Council’s regrouped “Top Goals and Priorities for 2010”.
“2010 Top Ten Goals and Priorities”
1. Fire Station #46
T2. Emergency Management
T2. Consider Incentives for Development
T4. 172nd St NE – 43rd to SR 9
T4. Coalition of North County Cities
T6. Lobbying County, State & Federal Representatives
T6. Hwy 530 Corridor – Island Crossing
T6. Develop Retail Business
T9. Trails – Gap and 67th
T9. Meet / Host Stillaguamish Tribe
Top 10 from the 2010 Retreat - Regrouped
Develop Plan for Addressing Fire Department Facilities Needs
- Station 46
- Find location for Fire Administration
- Find location for permanent Station 48
Emergency Management
Economic Development
- Airport Business Park
- Review Design Guidelines & Land Use Code to make sure it meets our vision
- Consider incentives for future development
- Retail business Development
- Promote Arlington
- “Buy Local” program
- Work to attract visitors
- Signage (state highways)
- Gateway signage / wayfinder signage
Transportation
- Secondary Transportation Grid / Cross Circulation in Smokey Point
- Improve 172nd from 43rd to Hwy 9
- 67th Ave, Phase 3
- Smokey Point Blvd
- Island Crossing / Hwy 530 Corridor
- Airport Boulevard
Outreach
- Coalition of north county cities (#5)
- Lobbying of County, state & federal representatives
- Meet / Host Stillaguamish Tribe
- Bring “West Arlington” into our community
- Retain small town feel while we grow into a big city
- More outreach to our residents / businesses
Trails
- Pressure County to complete the Centennial Trail Gap between 152nd & 172nd
- Complete the Centennial Trail from 204th to Maple
- “Hospital Trail”
Planning
- Expanding UGA west of I-5 from 185th to Hwy 530
- Expanding UGA north of Stillaguamish River
- Complete West Arlington Planning
- Riverfront planning
City Financial Planning
- Keep parks open and maintained
- Establish true citywide equipment replacement funding program
- Reduce city costs & streamline staffing
- New Financial Software program
- Public safety staffing in future years
TDR Program
- Keep working on program
- Rework program – more incentives to sell them
- Sustainable farming
Enhance volunteer program
Plan for future needs for sports / recreation
- Continue to work on Graafstra -Country Charm Recreation & Conservation Area
Legion Park Restrooms
Fire & EMS Services
- EMS Levy
- Regionalization of Fire & EMS Services
City of Arlington
Council Agenda Bill
AGENDA ITEM:
Workshop #7
ATTACHMENT G
COUNCIL MEETING DATE:
February 22, 2010
SUBJECT:
Update of Arlington Municipal Code – Title 9
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
Strikeout version of Title 9 – Peace, Morals, and Safety
Proposed Ordinance incorporating changes to AMC Title 9
Questions on Title 9 from Councilmembers
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: Legal review is complete
DESCRIPTION:
Proposed changes within Title 9 of the Arlington Municipal Code are attached for the Council’s
review. AMC Title 9 discusses a variety of issues related to various crimes and the associated
penalties. Most, if not all, of the recommended changes align our municipal code with the
RCWs.
HISTORY:
The City Council is reviewing the Arlington Municipal Code to update it for eventual
publication to the City’s website.
ALTERNATIVES:
RECOMMENDED MOTION:
No action at this time.
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Title 9 PEACE, MORALS AND SAFETY*
__________
*For provisions relating to gambling, see Chapter 3.32 of this code.
__________
Chapters:
9.04 General Provisions - NO CHANGES
9.08 Crimes Relating to Persons – Reflecting changes in state law
9.12 Crimes Relating to Children and Minors – NO CHANGES
9.16 Crimes Relating to Public Morals – Reflecting changes in state law
9.20 Crimes Relating to Public Peace and Tranquility – Adding penalty reference
9.24 Crimes Relating to Fire – NO CHANGES
9.28 Crimes Relating to Property – Minor Revisions & changes in state law
9.32 Crimes Relating to Fraud and False Representations – Reflecting changes in
state law
9.36 Crimes Relating to Public Officers – Correcting state law references
9.40 Crimes Relating to Controlled Substances, Drug Paraphernalia, Poisons and
Toxic Fumes – Minor Revisions & correcting state law references
9.44 Crimes Relating to Alcoholic Beverages – Deleting duplicate section
9.48 Crimes Relating to Firearms and Dangerous Weapons – Reflecting changes in
state law
9.52 Miscellaneous Crimes – Reflecting changes in state law
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Chapter 9.04 GENERAL PROVISIONS
Sections:
9.04.010 Retroactive effect and construction.
9.04.020 Principles of liability.
9.04.030 Defenses.
9.04.040 Contempt.
9.04.050 Anticipatory offenses prohibited.
9.04.060 Penalty.
9.04.010 Retroactive effect and construction.
(a) The provisions of Revised Chapter 9.04 through 9.52 of Title 9 of the Arlington Municipal
Code do not apply to or govern the construction of a punishment for any offense committed
prior to the effective date of this ordinance, or to the construction and application of any
defense to a prosecution for such an offense. Such an offense must be construed and punished
according to the provisions of law existing at the time of the commission thereof in the same
manner as if this chapter had not been enacted.
(b) When a state statute is adopted by reference and the statute uses the word "Title" or
words "the title," these words will be construed to mean and refer to the title of the Revised
Code of Washington from which the state statute is adopted.
(c) The Chapters and Sections of Title 9 of the Arlington Municipal Code which are adopted by
reference from the Revised Code of Washington will be construed consistently with judicial
decisions about state law.
(Ord. 1289 §§1, 2, 2002).
9.04.020 Principles of liability.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9A.08.010, General requirements of culpability.
(b) RCW 9A.08.020, Liability for conduct of another-Complicity.
(c) RCW 9A.08.030, Criminal liability of corporations and persons acting or under a duty to act
in their behalf.
(Ord. 1289 §§1, 2, 2002).
9.04.030 Defenses.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9A.12.010, Insanity.
(b) RCW 9A.16.010, Definition.
(c) RCW 9A.16.020, Use of Force-When lawful.
(d) RCW 9A.16.040, Justifiable homicide or use of deadly force by public officer, peace officer,
person aiding.
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(e) RCW 9A.16.060, Duress.
(f) RCW 9A.16.070, Entrapment.
(g) RCW 9A.16.080, Action for being detained on mercantile establishment premises for
investigation-"Reasonable grounds" as defense.
(h) RCW 9A.16.090, Intoxication.
(i) RCW 9A.16.100 Use of force on children-Policy-Actions presumed unreasonable.
(Ord. 1289 §§1, 2, 2002).
9.04.040 Contempt.
The following state statutes, including all future amendments, additions or deletions, are
hereby adopted by reference:
(a) RCW 7.21.010, Definitions.
(b) RCW 7.21.020, Sanctions-Who may impose.
(c) RCW 7.21.030, Remedial sanctions-Payment for losses.
(d) RCW 7.21.040, Punitive sanctions-Fines.
(e) RCW 7.21.050, Sanctions-Summary imposition-Procedure.
(f) RCW 7.21.060, Administrative, actions or proceedings-Petition to court for imposition of
sanctions.
(g) RCW 7.21.070, Appellant review.
(Ord. 1289 §§1, 2, 2002).
9.04.050 Anticipatory offenses prohibited.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9A.28.020(1), (2), (3)(d), (3)(e), Criminal attempt.
(b) RCW 9A.28.030, Criminal solicitation.
(c) RCW 9A.28.040(1), (2), (3)(d), (3)(e), Criminal conspiracy.
(Ord. 1289 §§1, 2, 2002).
9.04.060 Penalty.
(a) Any person convicted of a gross misdemeanor will be punished by a fine not to exceed five
thousand dollars or by imprisonment in jail for a term not to exceed one year, or by both such
fine and imprisonment.
(b) Unless otherwise provided, any person convicted of violating the provisions of this chapter
will be guilty of a misdemeanor and will be punished by a fine not to exceed one thousand
dollars or by imprisonment in jail for a term not to exceed ninety days, or by both such fine and
imprisonment.
(c) A person who is convicted of a misdemeanor violation of any provision of RCW Ch. 69.50
adopted by reference by the City of Arlington will be punished by imprisonment for not less
than twenty-four consecutive hours, and by a fine of not less than two hundred fifty dollars. On
a second or subsequent conviction, the fine will not be less than five hundred dollars. These
fines will be in addition to any other fine or penalty imposed. Unless the court finds that the
imposition of the minimum imprisonment will pose a substantial risk to the defendant's
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physical or mental well-being or that local jail facilities are in an overcrowded condition, the
minimum term of imprisonment will not be suspended or deferred. If the court finds such risk
or overcrowding exists, it will sentence the defendant to a minimum of forty hours of
community service. If a minimum term of imprisonment is suspended or deferred, the court will
state in writing the reason for granting the suspension or deferral and the facts upon which the
suspension or deferral is based. Unless the court finds the person to be indigent, the minimum
fine will not be suspended or deferred.
(Ord. 1289 §§1, 2, 2002).
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Chapter 9.08 CRIMES RELATING TO PERSONS
Sections:
9.08.010 Assault and other crimes involving physical harm.
9.08.020 Menacing.
9.08.030 Aggressive begging.
9.08.040 Harassment.
9.08.050 Custodial interference.
9.08.060 Violation of civil anti-harassment orders.
9.08.010 Assault and other crimes involving physical harm.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(1) RCW 9A.36.041, Assault in the fourth degree.
(2) RCW 9A.36.050, Reckless endangerment.
(3) RCW 9A.36.070, Coercion.
(4) RCW 9A.36.150, Interfering with the reporting of domestic violence.
(5) RCW 9.61.230, Telephone harassment.
(6) RCW 9.61.240, Telephone harassment--Permitting telephone to be used.
(7) RCW 9.61.250, Telephone harassment--Offenses, where deemed committed.
(8) RCW 10.99.020, Definitions.
(9) RCW 10.99.030, Law enforcement officers--Training, powers, duties--Domestic violence
reports.
(10) RCW 10.99.040, Duties of court--No-contact order.
(11) RCW 10.99.055, Enforcement of orders.
(12) RCW 10.99.060, Prosecutor's notice to victim--Description of available procedures.
(13) RCW 26.09.300, Restraining orders--Notice--Refusal to comply--Arrest--Penalty--Defense--
Peace officers, immunity.
(14) RCW 26.10.220, Restraining orders--Notice--Refusal to comply--Arrest--Penalty--Defense--
Peace officers, immunity.
(15) RCW 26.44.067, Temporary restraining order or preliminary injunction--Contents--Notice-
-Noncompliance--Defense--Penalty.
(16) RCW 26.50.010, Definitions.
(17) RCW 26.50.110, Order--Transmittal to law enforcement agency--Record in law
enforcement information system--Enforceability.
(18) RCW 26.50.120, Violation of order--Prosecuting attorney or attorney for municipality may
be requested to assist--costs and attorney's fee.
(19) RCW 26.50.140, Peace officers--immunity.
(Ord. 1383 §1, 2005: Ord. 1289 §§1, 2, 2002).
(20) RCW 9A.36.160, Failing to summon assistance.
(21) RCW 9A.36.161, Penalty
(22) RCW 9.61.260, Cyberstalking.
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9.08.020 Menacing.
A person is guilty of menacing when he or she knowingly causes or attempts to cause another
person to believe that he or she or any member of his or her family will be the victim of serious
physical injury or death. Menacing is a gross misdemeanor.
(Ord. 1289 §§1, 2, 2002).
9.08.030 Aggressive begging.
(a) It is a crime for any person to engage in aggressive begging in any public place in the city as
those terms are defined by this section.
(b) As used in this section:
(1) Aggressive begging means to beg with intent to intimidate another person into giving
money or goods.
(2) Beg means to ask for money or goods as a charity, whether by words, bodily gestures, signs
or other means.
(c) Intimidate means to coerce or frighten into submission or obedience.
(d) Public place means any road, alley, lane, parking area, sidewalk or any place, private or
otherwise, adapted to and fitted for vehicular or pedestrian travel, that is in common use by
the public with the consent, expressed or implied, of the owner or owners, and further, any
public playground, school grounds, recreation grounds, parks, parkways, park drives, park paths
and rights-of-way open to the use of the public.
(e) Aggressive begging is a gross misdemeanor.
(Ord. 1289 §2, 2002).
9.08.040 Harassment.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9A.46.020, Definition-Penalties.
(b) RCW 9A.46.030, Place where committed.
(c) RCW 9A.46.040, Court-Ordered requirements upon person charged with crime-Violation.
(d) RCW 9A.46.050, Arraignment-No-contact order.
(e) RCW 9A.46.060, Crimes included in harassment.
(f) RCW 9A.46.070, Enforcement of orders restricting contact.
(g) RCW 9A.46.080, Order restricting contact-Violation.
(h) RCW 9A.46.090, Nonliability of peace officer.
(i) RCW 9A.46.100, "Convicted," time when.
(j) RCW 9A.46.110, Stalking.
(Ord. 1289 §2, 2002).
9.08.050 Custodial interference.
The following state statutes, including all future amendments, additions or deletions, are
hereby adopted by reference:
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(a) RCW 9A.40.070, Custodial interference in the second degree.
(b) RCW 9A.40.080, Custodial interference-Assessment of costs-Defense-Consent defenses,
restricted.
(Ord. 1289 §2, 2002).
9.08.060 Violation of civil anti-harassment orders.
It is a gross misdemeanor to willfully disobey a temporary or permanent anti-harassment order
issued pursuant to RCW Ch. 10.14.
(Ord. 1289 §2, 2002).
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Chapter 9.12 CRIMES RELATING TO CHILDREN AND MINORS
Sections:
9.12.010 Statute adopted.
9.12.020 Leaving children unattended.
9.12.010 Statute adopted.
The following state statutes, including all future amendment additions or deletions, are
adopted by reference:
1. RCW 9.68A.090, Communicating with a minor for immoral purposes.
2. RCW 13.32A.080, Unlawful harboring of a minor-Penalties-Defense-Prosecution of adult for
involving child in commission of offense.
(Ord. 1289 §2, 2002).
9.12.020 Leaving children unattended.
It is unlawful for any person having the care, custody and/or control of minor children under
the age of eight years, to leave such children in a parked automobile unless attended by a
person over the age of twelve years, while such vehicle is standing upon a street or alley or in a
public place. Every person convicted of a violation of the provisions of this section will be guilty
of leaving children unattended, a misdemeanor.
(Ord. 1289 §2, 2002).
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Chapter 9.16 CRIMES RELATING TO PUBLIC MORALS
Sections:
9.16.010 Definitions.
9.16.020 Indecent exposure.
9.16.030 Locations of performers providing certain forms of entertainment restricted.
9.16.040 Prostitution-Unlawful acts, penalty.
9.16.050 Probation violations.
9.16.060 Prostitution-Sex of parties immaterial.
9.16.070 Patronizing a prostitute.
9.16.080 Sexual exploitation of children and minor access to erotic materials.
9.16.090 Urinating in public.
9.16.100 Nude sunbathing prohibited.
9.16.010 Definitions.
The following words, terms and phrases, when used in this article, will have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
"Act of prostitution" means engaging, offering, or agreeing to engage in sexual contact or
sexual conduct with any person in return for a fee.
"Actor" means a person who engages in conduct in violation of this article.
"Exposed" means the state of being revealed, exhibited or otherwise rendered to public view.
"Expressive dance" means any dance which, when considered in the context of the entire
performance, constitutes an expression of theme, story, or ideas, but excluding any dance such
as, but not limited to, common barroom-type topless dancing which, when considered in the
context of the entire performance, is presented primarily as a means of displaying nudity as a
sales device or for other commercial exploitation without substantial expression of theme,
story or ideas, and the conduct appeals to the prurient interest, depicts sexual conduct in a
patently offensive way and lacks serious literary, artistic, political or scientific value.
"Fee" means money, any negotiable instrument, any good or service having value, or any other
consideration.
"Known prostitute or panderer" means a person who, within one year prior to the date of
arrest for a violation of this article, has been convicted of violating any ordinance or law of any
jurisdiction within the state of defining and punishing acts of soliciting, committing or offering
or agreeing to commit prostitution.
"Person" means and include natural persons of either sex, firms, corporations and all
associations of natural persons, whether acting by themselves or by an agent, servant or
employee.
"Sexual conduct" means:
1. Sexual intercourse within its ordinary meaning, occurring upon any penetration, however
slight; or
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2. Any penetration of the vagina or anus, however slight, by an object, when committed on
one person by another, whether such persons are of the same or opposite sex, except when
such penetration is accomplished for medically recognized treatment or diagnostic purposes; or
3. Any act of sexual contact between persons involving the sex organs of one person and the
mouth or anus of another whether such persons are of the same or opposite sex; or
4. Masturbation; manual or instrumental, of one person by another.
"Sexual contact" means any touching of the sexual or other intimate parts of a person done for
the purpose of gratifying sexual desire of either party.
(Ord. 1289 §2, 2002).
9.16.020 Indecent exposure.
(a) A person is guilty of indecent exposure if he or she intentionally makes any open and
obscene exposure of his or her person to the person of another knowing that such conduct is
likely to cause reasonable affront or alarm.
(b) Indecent exposure is a misdemeanor unless such person exposes himself or herself to a
person under the age of 14 years in which case indecent exposure is a gross misdemeanor.
(Ord. 1289 §2, 2002).
9.16.030 Locations of performers providing certain forms of entertainment restricted.
No entertainer will appear in any public place while unclothed or with any portion of the
buttocks, genitals, pubic region or female breasts exposed, except upon a stage or other
surface raised at least eighteen inches above the level of the floor upon which the closest
patrons are seated or standing, nor closer than six feet from the nearest patron. Any violation
of this section is a misdemeanor.
(Ord. 1289 §2, 2002).
9.16.040 Prostitution-Unlawful acts, penalty.
It is unlawful for anyone to:
(a) Intentionally engage in or offer or agree to engage in an act of prostitution; or
(b) Intentionally secure or offer to secure another person for the purpose of engaging in an act
of prostitution; or
(c) To intentionally transport a person into or within the city with the purpose of promoting
that person's engaging in an act of prostitution, or procuring or paying for transportation with
that purpose; or
(d) Intentionally receive, offer or agree to receive a person into any place or building for the
purpose of performing an act of prostitution, or to knowingly permit a person to remain there
for any such purpose; or
(e) Intentionally direct a person to any place for the purpose of engaging in an act of
prostitution; or
(f) Intentionally in any way aid, abet or participate in an act of prostitution; or
(g) Remain in or near any street, sidewalk, alleyway or other place open to the public with the
intent of engaging in, inducing, enticing, soliciting or procuring a person to commit an act of
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prostitution. Among the circumstances which may be considered in determining whether the
actor intends such prohibited conduct are:
(1) That the actor is a known prostitute or panderer.
(2) The actor repeatedly beckons to, stops or attempts to stop, or engages passersby in
conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing,
waving of arms or any other bodily gesture.
(3) The actor circles an area in a motor vehicle and repeatedly beckons to, contacts, or
attempts to stop pedestrians.
(4) The actor inquires whether a potential patron, procurer or prostitute is a police officer,
searches for articles that would identify a police officer, or requests the touching or exposing of
genitals or female breasts to prove that the person is not a police officer; or
(h) Intentionally enter or remain in any area of prostitution in violation of a condition of
probation.
Prostitution is a misdemeanor.
(Ord. 1289 §2, 2002).
9.16.050 Probation violations.
(a) As used in this section, "probationer" means any person who, after conviction of a violation
of this article or RCW Ch.9A.88, has been placed on probation in connection with the
suspension or deferral of sentence by either a district or municipal court of this county or the
county superior court.
(b) Whenever a police officer has probable cause to believe that a probationer, prior to the
termination of the period of his or her probation, is, in such officer's presence, violating or
failing to comply with any requirement or restriction imposed by the court as a condition of
such probation, such officer may cause the probationer to be brought before the court wherein
sentence was deferred or suspended, and for such purpose such police officer may arrest such
probationer without warrant or other process.
(Ord. 1289 §2, 2002).
9.16.060 Prostitution-Sex of parties immaterial.
In any prosecution for prostitution, the sex of the two parties or prospective parties to the
sexual conduct engaged in, contemplated, or solicited is immaterial and, therefore, no defense
exists based upon the sex of the parties.
(Ord. 1289 §§1, 2, 2002).
9.16.070 Patronizing a prostitute.
A person is guilty of the misdemeanor of patronizing a prostitute if:
(a) Pursuant to a prior understanding he or she intentionally pays a fee to another person as
compensation for such person or a third person having engaged in sexual conduct or sexual
contact with him or her; or
(b) He or she intentionally pays or agrees to pay a fee to another person pursuant to an
understanding that in return therefor such person will engage in sexual conduct or sexual
contact with him or her; or
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(c) He or she intentionally solicits or requests another person to engage in sexual conduct or
sexual contact with him or her in return for a fee.
(Ord. 1289 §2, 2002).
9.16.080 Sexual exploitation of children and minor access to erotic materials.
The following state statutes, including all future amendments, additions or deletions, are
hereby adopted by reference:
(a) RCW 9.68A.011, Definitions.
(b) RCW 9.68A.070, Possession of depictions of minor engaged in sexually explicit conduct.
(c) RCW 9.68A.080, Processors of depictions of minor engaged in sexually explicit conduct-
Report required.
(d) RCW 9.68A.110(1),(2),(5), Certain defenses barred, permitted.
(e) RCW 9.68A.120, Seizure and forfeiture of property.
(f) RCW 9.68A.130, Recovery of costs of suit by minor.
(g) RCW 9.68A.140, Definitions.
(h) RCW 9.68A.150, Allowing minor on premises of live erotic performance-Penalty. .
(i) RCW 9.68A.160, Penalty.
(Ord. 1289 §2, 2002).
9.16.090 Urinating in public.
(a) A person is guilty of urinating in public if he or she intentionally urinates or defecates in a
public place, other than a washroom or toilet room, or at a place and under circumstances
where such act could be observed by any member of the public.
(b) Urinating in public is a misdemeanor.
(Ord. 1289 §2, 2002).
9.16.100 Nude sunbathing prohibited.
(a) A person is guilty of nude sunbathing if he or she intentionally makes any open or obscene
exposure of his or her person at a public beach.
(b) Every person who violates any provision of this section will be guilty of a misdemeanor, and
on conviction therefor will be fined not more than two hundred fifty dollars.
(Ord. 1289 §2, 2002).
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Chapter 9.20 CRIMES RELATING TO PUBLIC PEACE AND TRANQUILITY
Sections:
9.20.010 Disorderly conduct.
9.20.020 Riot; failure to disperse; obstruction.
9.20.030 Privacy, violating right of.
9.20.040 Malicious prosecution; abuse of process.
9.20.050 Definitions.
9.20.060 Nuisance noise originating from private property or premises not open to the public.
9.20.070 Complaints and enforcement.
9.20.080 Nuisance noise originating from public property or premises open to the public
and/or vehicles.
9.20.090 Enforcement and penalty.
9.20.100 Exemptions.
9.20.110 Variance.
9.20.120 Civil enforcement.
9.20.010 Disorderly conduct.
A person is guilty of disorderly conduct if he or she:
(1) Uses abusive language and thereby intentionally creates a risk of assault; or
(2) Intentionally disrupts any lawful assembly or meeting of persons without authority; or
(3) Intentionally obstructs vehicular or pedestrian traffic without lawful authority; or
(4) Fights by agreement; except as a part of an organized athletic event.
Disorderly conduct is a misdemeanor.
(Ord. 1289 §2, 2002).
9.20.020 Riot; failure to disperse; obstruction.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9A.84.010(1),(2)(b), Riot.
(b) RCW 9A.84.020, Failure to disperse.
(c) RCW 9.27.015, Interference, obstruction of any court, building or residence--Violations.
(Ord. 1289 § 2, 2002).
9.20.030 Privacy, violating right of.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9.73.010, Divulging telegram.
(b) RCW 9.73.020, Opening sealed letter.
(c) RCW 9.73.030, Intercepting, recording or divulging private communication--Consent
required--Exceptions.
(d) RCW 9.73.070, Persons and activities excepted from chapter.
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(e) RCW 9.73.090, Certain emergency response personnel exempted from RCW 9.73.030
through 9.73.080--Standards--Court authorizations--Admissibility.
(f) RCW 9.73.100, Recordings available to defense counsel.
(g) RCW 9.73.080, Penalties.
(Ord. 1289 § 2, 2002).
9.20.040 Malicious prosecution; abuse of process.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9.62.010, Malicious prosecution.
(b) RCW 9.62.020, Instituting suit in name of another.
(Ord. 1289 § 2, 2002).
9.20.050 Definitions.
For the purposes of Sections 9.20.060 through 9.20.120 of this chapter, the following
definitions shall apply:
"Loud and raucous" means any sound or combination of sounds that is above the background
sound level and is indiscriminate, disagreeably harsh, clamorous, blaring, or discordant.
"Motor vehicle" includes licensed and unlicensed devices that are powered by an engine or
motor with the intention of carrying people or property.
"Public nuisance noise" means any unreasonable sound which unreasonably annoys, injures,
interferes with or endangers the comfort, repose, health or safety of others.
"Residential premises" includes houses, accessory dwelling units, multiple-family dwellings or
any place where people normally reside.
(Ord. 1320 § 2, 2004).
9.20.060 Nuisance noise originating from private property or premises not open to the public.
It is unlawful for any person to knowingly cause or make, or for any person in possession or in
control of property to knowingly allow to originate from private property or premises which are
not open to the public, any public nuisance noise. The following sounds or combination of
sounds are noises which are deemed to be public nuisance noise for purposes of this section:
(1) Loud and raucous, and frequent, repetitive or intermittently continuous use or a horn or
siren attached to a motor vehicle, except such sounds that are made to warn of danger or that
are specifically permitted or required by law;
(2) Loud and raucous, and frequent, repetitive or intermittently continuous sounds in
connection with the starting, operation, repair, rebuilding or testing of any motor vehicle,
motorcycle, race vehicle, off-road vehicle, or internal combustion engine;
(3) Loud and raucous, and frequent, repetitive or intermittently continuous sounds made by
the use of a musical instrument or instruments, or other device capable of producing sound
when struck by an object, or a whistle, or a sound amplifier or other device capable of
producing, amplifying or reproducing sound;
(4) Operating a mobile or stationary sound amplification device for the purpose of emitting
sound to the public;
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(5) Using, operating or permitting to be used, played or operated any radio, receiving set,
musical instrument, phonograph, compact disc player, or other machine or device for the
producing or reproducing of sound in such a manner as to unreasonably disturb the peace,
quiet, and comfort of the neighboring inhabitants. The operation of any such machine or device
in such a manner shall be prima facie evidence of a violation of this section when the sound is
plainly audible:
(A) Off the private land where the sound originates, or
(B) Inside an adjoining residential premises;
(6) Any unreasonable or excessive noise near any public or private school, institute of learning,
public meeting place, church, health care facility, or court that is open or in session;
(7) Except for emergency situations affecting the health and safety of the occupants of a
premises, the following sounds when performed between the hours of ten p.m. and six a.m.:
(A) Sounds originating from any property relating to the maintenance or repair of structures,
grounds, landscaping, parking lots or appurtenances, including but not limited to sounds
created by lawn mowers, power tools, hammering or gardening.
(B) Yelling, screaming or loud human voices that are plainly audible inside an adjoining
residence;
(8) Unless specifically permitted by the city's building official, noise resulting from any
construction or development activity or the operation of any heavy equipment from seven p.m.
to seven a.m. Monday through Saturday;
(9) Noise which originates from property defined as a commercial district in AMC 20.36.020 or
a manufacturing district defined in AMC 20.36.030 and which meets or exceeds the noise levels
set out in Washington Administrative Code (WAC) Chapter 173-60. For purposes of determining
compliance with this section, the city adopts and incorporates by reference the following
sections of the WAC: 173-60-010, 173-60-020, 173-60-030, 173-60-040, and 173-60-050.
(Ord. 1320 § 3, 2004).
9.20.070 Complaints and enforcement.
(a) When a complaint alleging a violation of AMC Section 9.20.060 is received by the police
department and is verified to be occurring by the responding police officer, the police officer
will give a warning to the offending person that such violations must stop. Failure to
immediately cease the violation or having repeat violations within a sixty-day period is a
criminal violation and the police officer may cite the offender.
(b) Whenever three or more persons living in separate residences state in writing that any
person is violating any provisions of this section, it may be considered a violation of this chapter
and the police department will forward the information to the city prosecutor for action.
(c) The content of the sound or noise will not be considered for purposes of this section.
(d) Any person violating any provision of this section shall be guilty of a misdemeanor and,
upon conviction thereof, shall be punished by a fine not to exceed two hundred fifty dollars or
ninety days in jail or both such fine and jail. Any second or subsequent violation shall be twice
the amount as the first offense.
(Ord. 1320 § 4, 2004).
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9.20.080 Nuisance noise originating from public property or premises open to the public and or
vehicles.
It is unlawful for any person to knowingly cause or make from public property or premises
which are open to the public, any public nuisance noise. For purpose of this section, public
nuisance noise shall include but not be limited to:
(1) Yelling, screaming or loud human voices originating from public property, or from premises
open to the public, between the hours of ten p.m. and six a.m., when said noise is plainly
audible from a distance of fifty feet or more. The content of the noise shall not be considered.
(2) Operating an electronic machine or device producing amplified sound is plainly audible at a
distance of fifty feet or more from the source.
(3) Noise from or created by a vehicle while on public property or premises open to the public
by:
(A) Emitting amplified sound at a volume that is audible from fifty feet or more away from a
vehicle,
(B) Intentional squealing of tires, or
(C) Making sounds for any duration or frequency from the starting and/or running of the
engine of a racing vehicle.
(Ord. 1320 § 5, 2004).
9.20.090 Enforcement and penalty.
Any violation of AMC Section 9.20.080 shall be a civil infraction subject to a monetary fine of
one hundred dollars. The fine will double in amount if: it is not paid within fifteen days of the
issuance of the infraction and the violation is neither contested nor a mitigation hearing
requested, according to procedures contained on the Notice of Infraction. Any such fine not
paid after notice of delinquency may be forwarded to a collection agency or may be collected
by any means as authorized by law.
(Ord. 1320 § 6, 2004).
9.20.100 Exemptions.
The following sounds are exempt from the provisions of this chapter at all times:
(1) Noise which originates from a permitted Special Event;
(2) Noise which originates from an animal;
(3) Noise which originates from aircraft in flight or otherwise lawful aviation functions;
(4) Noise which originates from fireworks that are allowed by law or permit; or
(5) Noise which originates from fire alarms or emergency equipment.
(Ord. 1320 § 7, 2004).
9.20.110 Variance.
Any person may apply to the chief of police for a variance from the requirements of Sections
9.20.050 through 9.20.100. Any such request for a variance shall be accompanied by such
information as the chief or his or her designee may require. Granting of a variance shall rest in
the reasonable discretion of the chief or his or her designee and shall not be a right of any
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applicant. The chief may grant a variance if he or she, after considering the relative interests of
the applicant, other owners or possessors or property likely to be affected by the noise, and the
general public, finds that the noise does not endanger the public health or safety. In considering
any variance, the chief may consider whether compliance with the particular requirement or
requirements from which the variance is sought will require the taking of measures which,
because of their extent or cost, must reasonably be spread over a period of time. Any action by
the chief on a request for a variance shall be final unless a written appeal of that decision is
filed with the city clerk, accompanied by a fee as set forth by resolution of the city. All such
appeals shall be heard by the hearing examiner in accordance with the provisions of AMC
Chapter 20.24.
(Ord. 1320 § 8, 2004).
9.20.120 Civil enforcement.
Nothing contained in this chapter shall limit or restrict the authority of the city or any private
party to abate nuisance noises through civil proceedings in any court of competent jurisdiction.
(Ord. 1320 § 9, 2004).
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Chapter 9.24 CRIMES RELATING TO FIRE
Sections:
9.24.010 Reckless burning.
9.24.020 False fire alarms and miscellaneous crimes.
9.24.010 Reckless burning.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference.
(a) RCW 9A.48.010, Definitions.
(b) RCW 9A.48.050, Reckless burning in the second degree.
(c) RCW 9A.48.060, Reckless burning--Defenses.
(Ord. 1289 § 2, 2002).
9.24.020 False fire alarms and miscellaneous crimes.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9.40.040, Operating engine or boiler without spark arrester.
(b) RCW 9.40.100, Injuring or tampering with fire alarm apparatus or equipment--Sounding
false alarm or fire.
(Ord. 1289 § 2, 2002).
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Chapter 9.28 CRIMES RELATING TO PROPERTY
Sections:
9.28.010 Theft, unauthorized issuance of bank checks and possession of stolen property.
9.28.020 Malicious mischief and obscuring identity of machines.
9.28.030 Trespass and related crimes.
9.28.040 Disruption of school activities.
9.28.010 Theft, unauthorized issuance of bank checks and possession of stolen property.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(1) RCW 9A.56.010, Definitions.
(2) RCW 9A.56.020, Theft--Definition, defense.
(3) RCW 9A.56.050, Theft in third degree.
(4) RCW 9A.56.060, (1), (2), (3), (5), Unlawful issuance of checks or drafts.
(5) RCW 9A.56.096, Theft of rental property.
(6) RCW 9A.56.140, Possessing stolen property--Definition--Presumption.
(7) RCW 9A.56.170, Possessing stolen property in the third degree.
(8) RCW 9A.56.220, Theft of cable subscription television services.
(9) RCW 9A.56.230, Unlawful sale of cable subscription television services.
(10) RCW 9A.56.240, Forfeiture and disposal of device used to commit violation.
(11) RCW 9A.56.270, Shopping cart theft.
(12) RCW 9A.56.063, Making or possessing motor vehicle theft tools.
(Ord. 1383 §2, 2005: Ord. 1289 §§1, 2, 2002).
9.28.020 Malicious mischief and obscuring identity of machines.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(1) RCW 9A.48.090, Malicious mischief in the third degree.
(2) RCW 9A.48.100(l), Malicious mischief--"Physical damage" defined.
(3) RCW 9A.56.180, Obscuring identity of a machine.
(4) RCW 9A.48.105, Criminal street gang tagging and graffiti.
(Ord. 1289 §§1, 2, 2002).
9.28.030 Trespass and related crimes.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(1) RCW 9A.52.010, Definitions.
(2) RCW 9A.52.060, Making or having burglar tools.
(3) RCW 9A.52.070, Criminal trespass in the first degree.
(4) RCW 9A.52.080, Criminal trespass in the second degree.
(5) RCW 9A.52.090, Criminal trespass--Defenses.
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(6) RCW 9A.52.100, Vehicle prowling in the second degree.
(7) RCW 9A.52.120, Computer trespass in the second degree.
(8) RCW 9A.52.130, Computer trespass--Commission of other crime.
(Ord. 1289 §§1, 2, 2002).
9.28.040 Disruption of school activities.
9.28.040 Disruption of school activities.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 28A.635.020, Willfully disobeying school administrative personnel or refusing
to leave public property, violations, when — Penalty.
(b) RCW 28A.635.030, Disturbing school, school activities or meetings — Penalty.
(c) RCW 28A.635.090, Interference by force or violence — Penalty.
(d) RCW 28A.635.100, Intimidating any administrator, teacher, classified employee, or
student by threat of force or violence unlawful — Penalty.
A person is guilty of disruption of school activities if he or she comes into or remains in a school
building, classroom or upon any school ground, or street, sidewalk or public way adjacent
thereto, and intentionally causes disruption of the activities of the school.
(Ord. 1289 §§1, 2, 2002).
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Chapter 9.32 CRIMES RELATING TO FRAUD AND FALSE
REPRESENTATIONS
Sections:
9.32.010 Fraud.
9.32.020 False representations.
9.32.010 Fraud.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9.04.010, False advertising.
(b) RCW 9.45.060, Encumbered, leased or rented personal property-Construction.
(c) RCW 9.45.070, Mock auctions.
(d) RCW 9.45.080, Fraudulent removal of property.
(e) RCW 9.45.090, Knowingly receiving fraudulent conveyance.
(f) RCW 9.45.100, Fraud in assignment for benefit of creditors.
(g) RCW 9A.60.040045, Criminal impersonation in the second degree.
(h) RCW 9A.60.050, False certification.
(i) RCW 9A.61.010, Definitions.
(j) RCW 9A.61.020, Defrauding public utility.
(k) RCW 9A.61.050, Defrauding a public utility in the third degree.
(l) RCW 9A.61.060, Restitution and costs.
(m) RCW 9.45.270(1), Fraudulent filing of vehicle report of sale.
(Ord. 1289 §2, 2002).
9.32.020 False representations.
The following statutes, including all future amendments, additions or deletions, are adopted by
reference:
(a) RCW 9.38.010, False representation concerning credit.
(b) RCW 9.38.020, False representation concerning title.
(Ord. 1289 §2, 2002).
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Chapter 9.36 CRIMES RELATING TO PUBLIC OFFICERS
Sections:
9.36.010 Obstructing public officers.
9.36.020 Public officer defined.
9.36.030 Obstructing justice, criminal assistance, introducing contraband and related offenses.
9.36.040 Escape.
9.36.050 Vehicles resembling police or fire vehicles.
9.36.060 Interference with and abuse of police dogs prohibited.
9.36.010 Obstructing public officers.
It is unlawful for any person to make any willfully untrue, misleading or exaggerated statement
to, or to willfully hinder, delay or obstruct any public officer in the discharge of his or her official
powers or duties. Obstructing public officers is a misdemeanor.
(Ord. 1289 §2, 2002).
9.36.020 Public officer defined.
Public officer, as used in this article, comprises police officers; fire chief and his or her
designees; city administrator, health officers; and the public works director and his or her
designees; city clerk and his or her designee; code enforcement personnel; and other city
personnel authorized for enforcement of city ordinances, statutes and codes.
(Ord. 1289 §2, 2002).
9.36.030 Obstructing justice, criminal assistance, introducing contraband and related offenses.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(1) RCW 9A.69.100 9.69.100, Duty of witness of offense against child or any violent offense--
Penalty.
(2) RCW 9A.72.010, Definitions.
(3) RCW 9A.72.040, False swearing.
(4) RCW 9A.72.060, Perjury and false swearing--Retraction.
(5) RCW 9A.72.070, Perjury and false swearing--Irregularities no defense.
(6) RCW 9A.72.080, Statement of what one does not know to be true.
(7) RCW 9A.72.140, Jury tampering.
(8) RCW 9A.72.150, Tampering with physical evidence.
(9) RCW 9A.76.010, Definitions.
(10) RCW 9A.76.020, Obstructing a law enforcement officer.
(11) RCW 9A.76.030, Refusing to summon aid for a peace officer.
(12) RCW 9A.76.040, Resisting arrest.
(13) RCW 9A.76.050, Rendering criminal assistance--Definition of terms.
(14) RCW 9A.76.060, Relative defined.
(15) RCW 9A.76.080, Rendering criminal assistance in the second degree.
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(16) RCW 9A.76.090, Rendering criminal assistance in the third degree.
(17) RCW 9A.76.100, Compounding.
(18) RCW 9A.76.160, Introducing contraband in the third degree.
(19) RCW 9A.76.170(1),(2), 3(d), Bail jumping.
(20) RCW 9A.84.030, Disorderly conduct.
(21) RCW 9A.84.040, False reporting.
(Ord. 1383 §3, 2005: Ord. 1289 §2, 2002).
9.36.040 Escape.
The following state statutes, including future amendments, additions or deletions, are adopted
by reference:
(1) RCW 9.31.090, Escaped prisoner recaptured.
(2) RCW 9A.76.130, Escape in the third degree.
(Ord. 1289 §2, 2002).
9.36.050 Vehicles resembling police or fire vehicles.
No person may operate a motor vehicle within the city which is painted and contains decals,
numbers, name or insignia so as to simulate a city or county police or fire department vehicle,
or city vehicle, without prior authorization from the police chief, fire chief, city manager, or
their designees. Violation of this section is a misdemeanor.
(Ord. 1289 §2, 2002).
9.36.060 Interference with and abuse of police dogs prohibited.
It is a misdemeanor for any person to willfully or maliciously interfere with, obstruct, torture,
beat, kick, strike, or in any way abuse or harass any dog used by any police officer in discharging
or attempting to discharge any legal duty or power of his or her office, under circumstances not
amounting to "Harming a Police Dog," as defined in RCW 9A.76.200.
(Ord. 1289 §2, 2002).
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Chapter 9.40 CRIMES RELATING TO CONTROLLED SUBSTANCES, DRUG
PARAPHERNALIA, POISONS, AND TOXIC FUMES
Sections:
9.40.010 Statutes adopted.
9.40.020 Drug paraphernalia--Possession prohibited.
9.40.030 Definitions.
9.40.040 Minors.
9.40.050 Minors excluded.
9.40.060 Sale and display rooms.
9.40.070 Sale restriction.
9.40.080 Nuisance.
9.40.090 Violation: penalty.
9.40.100 Inhaling toxic fumes.
9.40.110 Poisons.
9.40.010 Statutes adopted.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 69.50.101, Definitions.
(b) RCW 69.50.204(d)(1314), Schedule I-Marijuana.
(c) RCW 69.50.309, Containers.
(d) RCW 69.50.401(e), Prohibited acts: A-Penalties.
(e) RCW 69.50.412, Prohibited acts: E-Penalties.
(f) RCW 69.50.505, Seizure and forfeiture.
(g) RCW 69.50.506, Burden of proof; liabilities.
(h) RCW 69.50.509, Search and seizure of controlled substances.
(Ord. 1289 §§1, 2, 2002).
9.40.020 Drug paraphernalia-Possession prohibited.
No person may possess any drug paraphernalia as defined in 9.40.030. Possession of drug
paraphernalia is a misdemeanor.
(Ord. 1289 §§1, 2, 2002).
9.40.030 Definitions.
As used in this article, "drug paraphernalia" means all equipment, products, and materials of
any kind which are used, intended for use, or designed for use in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging, storing, containing,
concealing, injecting, ingesting, inhaling, smoking, or otherwise introducing into the human
body a controlled substance. It includes, but is not limited to:
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(a) Kits used, intended for use or designed for use in planting, propagating, cultivating,
growing, or harvesting of any species of plant which is a controlled substance or from which a
controlled substance can be derived;
(b) Kits used, intended for use, or designed for use in manufacturing, compounding,
converting, producing, processing or preparing controlled substances;
(c) Isomerization devices used, intended for use or designed for use in increasing the potency
of any species of plant which is a controlled substance;
(d) Testing equipment used, intended for use or designed for use in identifying or in analyzing
the strength, effectiveness or purity of controlled substances.;
(e) Scales and balances used, intended for use or designed for use in weighing or measuring
controlled substances;
(f) Diluent and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and
lactose, used, intended for use or designed for use in cutting controlled substances;
(g) Separation gins and sifters used, intended for use, or designed for use in removing twigs
and seeds from, or in otherwise cleaning or refining, marijuana;
(h) Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed
for use in compounding controlled substances;
(i) Capsules, balloons, envelope and other containers used, intended for use or designed for
use in compounding controlled substances;
(j) Containers and other objects used, intended for use or designed for use in storing or
concealing controlled substances;
(k) Hypodermic syringes, needles and other objects used, intended for use or designed for use
in parenterally injecting controlled substances into the human body.;
(l) A device "designed primarily for" such smoking or ingestion set forth in subsection (i) of this
section is a device which has been fabricated, constructed, altered, adjusted or marked
especially for use in the smoking, ingestion or consumption of marijuana, hashish, hashish oil,
cocaine or any other controlled substance," and is peculiarly adapted to such purposes by
virtue of a distinctive feature or combination of features associated with drug paraphernalia,
notwithstanding the fact that it might also be possible to use such device for some other
purpose. Paraphernalia includes, but is not limited to, the following items or devices.
(1) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens,
permanent screens, hashish heads or punctured metal bowls;
(2) Water pipes;
(3) Carburetion tubes and devices;
(4) Smoking and carburetion masks;
(5) Roach clips; meaning objects used to hold burning material, such as a marijuana cigarette,
that has become too small or too short to be held in the hand;
(6) Miniature cocaine spoons and cocaine vials;
(7) Chamber pipes;
(8) Carburetor pipes;
(9) A smokable pipe which contains a heating unit, whether device is known as an "electrical
pipe" or otherwise;
(10) Air-driven pipes;
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(11) Chillums;
(12) A device constructed to prevent the escape of smoke into the air and to channel smoke
into a chamber where it may be accumulated to permit inhalation or ingestion of larger
quantities of smoke than would otherwise be possible, whether the device is known as a
"bong" or otherwise;
(13) A device constructed to permit the simultaneous mixing and ingestion of smoke and
nitrous oxide or other compressed gas, whether the device is known as a "buzz bomb" or
otherwise;
(14) A canister, container or other device with a tube, nozzle or other similar arrangement
attached so constructed as to permit the forcing of smoke accumulated therein into the user's
lungs under pressure, whether the device is known as a "power hitter" or otherwise;
(15) A device for holding a marijuana cigarette, whether the device is known as a "roach clip"
or otherwise;
(16) A spoon for ingestion of a controlled substance through the nose;
(17) A straw or tube for ingestion of a controlled substance through the nose or mouth;
(18) A smokable pipe constructed with a receptacle or container in which water or other liquid
may be placed into which smoke passes and is cooled in the process of being inhaled or
ingested;
(19) Ice pipes or chillers,
In determining whether an object is drug paraphernalia under this section, a court or other
authority should consider, in addition to all other logically relevant factors, the following:
(a) Statements by an owner or by anyone in control of the object concerning its use;
(b) Prior convictions, if any, of an owner, or of anyone in control of the object, under any state
or federal law relating to any controlled substance;
(c) The proximity of the object, in time and space, to a direct violation of this article;
(d) The proximity of the object to controlled substances;
(e) The existence of any residue of controlled substances on the object;
(f) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the
object, to deliver it to persons he or she knows, or should reasonably know, intend to use the
object to facilitate a violation of this article; the innocence of an owner, or of anyone in control
of the object, as to a direct violation of this article will not prevent a finding that the object is
intended or designed for use as drug paraphernalia;
(g) Instructions, oral or written, provided with the object concerning its use;
(h) Descriptive materials accompanying the object which explain or depict its use;
(i) National and local advertising concerning its use;
(j) The manner in which the object is displayed for sale; (k) Whether the owner, or anyone in
control of the object is a legitimate supplier of like or related items to the community, such as a
licensed distributor or dealer of tobacco products;
(l) Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the
business enterprise;
(m) The existence and scope of legitimate uses for the object in the community; and
(n) Expert testimony concerning its use.
(Ord. 1289 §§1, 2, 2002).
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9.40.040 Minors.
No owner, manager, proprietor or other person in charge of any room in any place of business
where any device, contrivance, instrument or paraphernalia which is primarily designed for or
intended to be used for the smoking, ingestion, or consumption of marijuana, hashish, PCP, or
any controlled substance, other than prescription drugs and devices to ingest or inject
prescription drugs, is sold, or displayed for the purpose of sale, may allow or permit any person
under the age of eighteen years to be in, remain in, enter or visit such room unless such minor
person is accompanied by one of his or her parents or his or her legal guardian.
(Ord. 1289 §§1, 2, 2002).
9.40.050 Minors excluded.
No person under the age of eighteen years may be in, remain in, enter or visit any room in any
place used for the sale or displaying for sale of devices, contrivances, instruments or
paraphernalia which are primarily designed for or intended to be used for the smoking,
ingestion or consumption of marijuana, hashish, PCP or any controlled substance, other than
prescription drugs and devices to ingest or inject prescription drugs unless such person is
accompanied by one of his or her parents or his or her legal guardian.
(Ord. 1289 §§1, 2, 2002).
9.40.060 Sale and display rooms.
No person may maintain, in any place of business to which the public is invited, the display for
sale or the offering to sell of devices, contrivances, instruments or paraphernalia which are
primarily designed for or intended to be used for the smoking, ingestion or consumption of
marijuana, hashish, PCP or any controlled substance other than prescription drugs and devices
to ingest or inject prescription drugs unless within a separate room or enclosure to which
minors not accompanied by a parent or legal guardian are excluded. Each entrance to such a
room or enclosure will be posted with a sign in reasonably visible and legible words to the
effect that items which are defined as drug paraphernalia under this chapter are being offered
for sale in such a room and that minors, unless accompanied by a parent or legal guardian, are
excluded.
(Ord. 1289 §§1, 2, 2002).
9.40.070 Sale restriction.
No person may sell or give, or permit to be sold or given to any person under the age of
eighteen years any device, contrivance, instrument or paraphernalia which is primarily designed
for or intended to be used for the smoking, ingestion or consumption of marijuana, hashish,
PCP, or any controlled substance other than prescription drugs and devices to ingest or inject
prescription drugs.
(Ord. 1289 §§1, 2, 2002).
9.40.080 Nuisance.
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The distribution or possession for the purpose of sale, exhibition or display, in any place of
business from which minors are not excluded as set forth in this chapter of devices,
contrivances, instruments or paraphernalia which are primarily designed for or intended to be
used for the smoking, ingestion or consumption of marijuana, hashish, PCP or any controlled
substance other than prescription drugs and devices to ingest or inject prescription drugs is
declared to be a public nuisance and may be abated by the city. This remedy will be in addition
to any other remedy provided by the law including the penalty provision applicable for the
violation of the terms and provision of this chapter.
(Ord. 1289 §§1, 2, 2002).
9.40.090 Violation: penalty.
Any person convicted of having violated section 9.40.040, 9.40.050, 9.40.060, or 9.40.070 will
be guilty of a misdemeanor and will be punished by a fine of not more than one thousand
dollars or imprisonment for not more than ninety days, or both such fine and imprisonment. In
addition, a second subsequent conviction of section 9.40.040, 9.40.050, 9.40.060, or 9.40.070
may result in revocation of the business license of the place of business where the violations
occurred.
(Ord. 1289 §§1, 2, 2002).
9.40.100 Inhaling toxic fumes.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9.47A.010, Definition.
(b) RCW 9.47A.020, Unlawful inhalation-Exception.
(c) RCW 9.47A.030, Possession of certain substances prohibited, when.
(d) RCW 9.47A.040, Sale of certain substances prohibited, when.
(e) RCW 9.47A.050, Penalty.
(Ord. 1289 §§1, 2, 2002).
9.40.110 Poisons.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 69.38.010, Poison defined.
(b) RCW 69.38.020, Exemptions from chapter.
(c) RCW 69.38.030, Poison register-Identification of purchaser.
(d) RCW 69.38.040, Inspection of poison register-Penalty for failure to maintain register.
(e) RCW 69.38.050, False representations-Penalty.
(f) RCW 69.38.060, Manufacturers and sellers of poisons-License required-Penalty.
(Ord. 1289 §§1, 2, 2002).
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Chapter 9.44 CRIMES RELATING TO ALCOHOLIC BEVERAGES
Sections:
9.44.010 Adoption of statutes.
9.44.020 Furnishing liquor to persons underage; possession; use.
9.44.030 Opening or consuming liquor or possession open container of liquor in public place.
9.44.010 Adoption of statutes.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 66.04.010, Definitions.
(b) RCW 66.20.200, Unlawful acts relating to card of identification and certification card.
(c) RCW 66.20.210, Licensee's immunity to prosecution or suit-Certification card as evidence of
good faith.
(d) RCW 66.28.090, Licensed premises or banquet permit premises open to inspection-Failure
to allow, violation.
(e) RCW 66.44.010, Local officers to enforce law-Authority of board-Liquor enforcement
officers.
(f) RCW 66.44.040, Sufficiency of description of offenses in complaints, information, process,
etc.
(g) RCW 66.44.050, Description of offense in words of statutes-Proof required.
(h) RCW 66.44.060, Proof of unlawful sale establishes prima facie intent.
(i) RCW 66.44.070, Certified analysis is prima facie evidence for alcoholic content.
(j) RCW 66.44.080, Service of process on corporation.
(k) RCW 66.44.090, Acting without license.
(l) RCW 66.44.100, Opening or consuming liquor in public-Penalty.
(m) RCW 66.44.120, Unlawful use of seal.
(n) RCW 66.44.130, Sale of liquor by drink or bottle.
(o) RCW 66.44.140, Unlawful sale, transportation of spirituous liquor without stamp or seal-
Unlawful operation, possession of still or mash.
(p) RCW 66.44.150, Buying liquor illegally.
(q) RCW 66.44.160, Illegal possession, transportation of alcoholic beverages.
(r) RCW 66.44.170, Illegal possession of liquor with intent to sell-Prima facie evidence, what is.
(s) RCW 66.44.175, Violations of law.
(t) RCW 66.44.180, General penalties-Jurisdiction for violation.
(u) RCW 66.44.200, Sales to persons apparently under the influence of liquor.
(v) RCW 66.44.210, Obtaining liquor for ineligible person.
(w) RCW 66.44.240, Drinking in public conveyance-Penalty against carrier-Exception.
(x) RCW 66.44.250, Drinking in public conveyance-Penalty against individual-Restricted
application.
(y) RCW 66.44.280, Minor applying for permit.
(z) RCW 66.44.290, Minor purchasing or attempting to purchase liquor.
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(aa) RCW 66.44.291, Minor purchasing or attempting to purchase liquor-Penalty against
person between ages of eighteen and twenty, inclusive.
(bb) RCW 66.44.300, Treating minor, etc, in public place where liquor sold.
(cc) RCW 66.44.310, Minor frequenting tavern or cocktail loungeoff limits area -
Misrepresentation of age-Penalty-Classification of licenses.
(dd) RCW 66.44.325, Unlawful transfer to a minor of an identification of age.
(ee) RCW 66.44.328, Preparation or acquisition and supply to persons under age 21-one of
facsimile or official identification card-Penalty.
(ff) RCW 66.44.340, Employees 18 years and over allowed to sell and handle beer and wine for
Class E and/or Class F employers.
(gg) RCW 66.44.350, Employees 18 years and over allowed to serve and carry liquor, clean up,
etc., for Class A, C, D and/or H licensed employers.
(hh) RCW 66.44.370, Resisting or opposing officers in enforcement of title.
(Ord. 1289 §2, 2002).
9.44.020 Furnishing liquor to persons underage; possession; use.
(a) It is unlawful for any minor under the age of 21 years to acquire or have possession or
consume any liquor.
(b) It is unlawful for any person to sell, give or otherwise supply liquor to any minor. It is
unlawful for any person to permit any minor to consume liquor on his or her premises.
(c) This section will not apply when liquor is given or permitted to be given to a person under
the age of 21 years by his or her parent or guardian and consumed in the presence of the
parent or guardians. This subsection will not authorize consumption or possession of liquor by a
person under the age of 21 years on any premises licensed under RCW Ch. 66.24.
(d) This section does not apply to liquor given for medicinal purposes to a person under the
age of 21 years by a parent, guardian, physician or dentist.
(e) This section does not apply to liquor given to a person under the age of 21 years when such
liquor is being used in connection with religious services and the amount consumed is the
minimal amount necessary for the religious service.
(f) Violation of this section is a misdemeanor.
(Ord. 1289 §2, 2002).
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Chapter 9.48 CRIMES RELATING TO FIREARMS AND DANGEROUS
WEAPONS
Sections:
9.48.010 Firearms and dangerous weapons; prohibitions.
9.48.020 Unlawful use of air guns; penalty.
9.48.030 Weapons prohibited on liquor sale premises.
9.48.040 Firearms prohibited in certain places; exceptions; penalty.
9.48.050 Discharge of firearms prohibited.
9.48.010 Firearms and dangerous weapons: prohibitions.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9.41.010, Terms defined.
(b) RCW 9.41.050, Carrying firearms.
(c) RCW 9.41.060, Exceptions to restrictions on carrying firearms.
(d) RCW 9.41.080, Delivery to ineligible persons.
(e) RCW 9.41.098, Forfeiture of firearms-Disposition-Confiscation.
(f) RCW 9.41.100, Dealer licensing and registration required.
(g) RCW 9.41.140, Alteration of identifying marks-Exceptions.
(h) RCW 9.41.150, Exceptions-Antique firearms.
(i) RCW 9.41.170, Alien's license to carry firearms-Exception.
(j) RCW 9.41.230, Aiming or discharging firearms, dangerous weapons.
(k) RCW 9.41.240, Possession of pistol by person from eighteen to twenty-one.
(l) RCW 9.41.250, Dangerous weapons-Penalty.
(m) RCW 9.41.260, Dangerous exhibitions.
(n) RCW 9.41.270, Weapons apparently capable of producing bodily harm-Unlawful carrying or
handling-Penalty-Exceptions.
(o) RCW 9.41.280, Carrying dangerous weapons on school facilities-Penalty-Exceptions.
(Ord. 1289 §2, 2002).
9.48.020 Unlawful use of air guns, penalty.
(a) It is unlawful for any person to point or shoot an air gun at any person or property of
another, or to aim or discharge such weapon in the direction of the person or residence of
another, while within such range as to cause or inflict injury to the person or damage the
property of another.
(b) As used in this section, "air gun" means and includes the following; : air gun, air pistol, air
rifle, BB gun and toy or other guns of any kind or nature when so designed, contrived, modified
and used to propel, by compressed air or spring-loaded plunger, any pellet, dart, hard-tipped
arrow, bean, pea, BB, rock or other hard substance a distance of more than twenty-five feet
with sufficient force to break windows or inflict injury upon persons or animals.
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(c) Any person convicted of a violation of the provisions of this section is guilty of a
misdemeanor and, in addition to any other punishment imposed by the court, the court will
direct that the weapon so used in violation of the these provisions be confiscated and disposed
of in accordance with statutes or ordinances governing the disposal of confiscated or found
weapons.
(Ord. 1289 §2, 2002).
9.48.030 Weapons prohibited on liquor sale premises.
It is a misdemeanor for anyone, on or in any premises in the city where alcoholic beverages are
dispensed by the drinkclassified by the state liquor board as off-limits to persons under twenty-
one years of age to:
(a) Carry in any manner any firearm, rifle or handgun, whether such person has a license or
permit to carry such firearm or not, and whether such firearm is concealed or not; or
(b) Carry any knife, sword, dagger or other cutting or stabbing instrument, with a blade of a
length of three inches or more, or any razor with an unguarded blade, whether such weapon or
instrument is concealed or not; or
(c) Carry any instrument or weapon of the kind usually known as a slingshot, taser, throwing
star, bow, sand club, blackjack, metal knuckles, or any stick, chain, metal pipe, bar, club or
combination thereof including a device known as numchuk sticks, or any like device having the
same or similar components or parts, whether or not connected by a rope, chain or other
device, or any explosive or any poison or injurious gas, or any other instrument or weapon
apparently capable of producing bodily harm, whether such instrument or weapon is concealed
or not.
The provisions of subsection (a) of this section will not apply to or affect the following:
(a) Any lawful act committed by a person while in his or her fixed place of business; or
(b) Any person who by virtue of his or her office or public employment is vested by law with a
duty to preserve public safety, maintain public order, or to make arrests for offenses, whether
during regular duty hours or not; or
(c) Any person making or assisting in making a lawful arrest for the commission of a felony.
Upon conviction, the weapon or instrument involved may be confiscated by order of the court
and disposed of in accordance with statutes or ordinances governing the disposal of confiscated
or found property.
(Ord. 1289 §2, 2002).
9.48.040 Firearms prohibited in certain places; exceptions; penalty.
(a) It is unlawful for any person to enter the council chambers of the city council when he or
she knowingly possesses or knowingly has under his or her control a firearm.
(b) The provisions of this section do not apply to:
(1) Law enforcement personnel; or
(2) Security personnel while engaged in official duties.
(c) Any person violating this section is guilty of a misdemeanor.
(Ord. 1289 §2, 2002).
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9.48.050 Discharge of firearms prohibited.
(a) It is unlawful for any person to knowingly discharge a firearm within the city.
(b) The provisions of this section do not apply to:
(1) Law enforcement personnel; or
(2) Security or military personnel while engaged in official duties;
(3) A person utilizing a properly licensed instructional, membership and/or commercial
shooting range.
(c) Any person violating this section is guilty of a misdemeanor.
(Ord. 1289 §2, 2002).
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Chapter 9.52 MISCELLANEOUS CRIMES
Sections:
9.52.010 Conduct prohibited.
9.52.020 Littering and pollution.
9.52.030 Injury to animals.
9.52.040 Wounding or trapping of animals.
9.52.050 Throwing objects at moving vehicles.
9.52.010 Conduct prohibited.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(1) RCW 9.91.010, Denial of civil rights--Terms defined.
(2) RCW 9.91.020, Operating railroad, steamboat, vehicle, etc., while intoxicated.
(3) RCW 9.91.025, Unlawful bus conduct.
(4) RCW 9.91.110, Meal buyers--Records of purchases--Penalty.
(5) RCW 9.03.010, Abandoning, discarding refrigeration equipment.
(6) RCW 9.03.020, Permitting unused equipment to remain on premises.
(7) RCW 9.03.030, Violation of RCW 9.03.010 or 9.03.020.
(8) RCW 9.03.040, Keeping or storing equipment for sale.
(9) RCW 16.52.011, Definitions--Principles of liability.
(10) RCW 16.52.080, Transporting or confining in unsafe manner--Penalty.
(11) RCW 16.52.085, Removal of animals for feeding--Examination--Notice--Euthanasia.
(12) RCW 16.52.095, Cutting ears--Misdemeanor.
(13) RCW 16.52.100, Confinement without food and water--Intervention by others.
(14) RCW 16.52.110, Old or diseased animals at large.
(15) RCW 16.52.117, Animal fighting--Owners, trainers, spectators--Exceptions.
(16) RCW 16.52.165, Punishment--Conviction of misdemeanor.
(17) RCW 16.52.180, Limitations on application of chapter.
(18) RCW 16.52.185, Exclusions from chapter.
(19) RCW 16.52.190, Poisoning animals.
(20) RCW 16.52.193, Poisoning animals--Strychnine sales--Records--Report on suspected
purchases.
(21) RCW 16.52.195, Poisoning animals--Penalty.
(22) RCW 16.52.200, Sentences--Forfeiture of animals--Liability for costs--Civil penalty--
Education, counseling.
(23) RCW 16.52.207, Animal cruelty in the second degree.
(24) RCW 9.46.196, Cheating--Defined.
(25) RCW 9.46.1962, Cheating in the second degree.
(26) RCW 16.52.015, Enforcement – Law Enforcement agencies and animal care and control
agencies.
(Ord. 1383 §4, 2005: Ord. 1289 §2, 2002).
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9.52.020 Littering and pollution.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(1) RCW 70.93.060, Littering prohibited--Penalties--Litter cleanup restitution payment.
(2) RCW 70.54.010, Polluting water supply--Penalty.
(Ord. 1289 §2, 2002).
9.52.030 Injury to animals.
Any person who willfully and without authority in law kills, maims or disfigures an animal
belonging to another, or exposes any poisons or noxious substance with intent that it should be
taken by such animal, is guilty of a misdemeanor.
(Ord. 1289 §2, 2002).
9.52.040 Wounding or tapping of animals.
Any person who willfully and without authority in law kills, wounds or traps an animal or bird,
or removes or destroys the young of any such animal or the egg of any such bird is guilty of a
misdemeanor.
(Ord. 1289 §2, 2002).
9.52.050 Throwing objects at moving vehicles.
Any person who throws, pushes, rolls, drops, swings or otherwise propels or projects any
object, thing or substance in such a manner as to strike or be likely to strike any moving vehicle
on the public highways or streets is guilty of a misdemeanor.
(Ord. 1289 §2, 2002).
Ordinance No. 2010-xxx 1
ORDINANCE NO. 2010-xxx
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING
AND REPEALING CERTAIN SECTIONS OF ARLINGTON MUNICIPAL CODE
TITLE 9 RELATING TO PEACE, MORALS, AND SAFETY OF THE CITIZENS OF
THE CITY OF ARLINGTON
WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for
the general welfare of its citizens; and
WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require
revision; and
WHEREAS, the City Council of the City of Arlington has requested revisions be made to
Title 9, relating to the peace, morals, and safety of the citizens of Arlington;
NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby
ordain as follows:
Section 1. Arlington Municipal Code Section 9.08.010 is amended to read as follows:
9.08.010 Assault and other crimes involving physical harm.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9A.36.041, Assault in the fourth degree.
(b) RCW 9A.36.050, Reckless endangerment.
(c) RCW 9A.36.070, Coercion.
(d) RCW 9A.36.150, Interfering with the reporting of domestic violence.
(e) RCW 9.61.230, Telephone harassment.
(f) RCW 9.61.240, Telephone harassment--Permitting telephone to be used.
(g) RCW 9.61.250, Telephone harassment--Offenses, where deemed committed.
(h) RCW 10.99.020, Definitions.
(i) RCW 10.99.030, Law enforcement officers--Training, powers, duties--Domestic
violence reports.
(j) RCW 10.99.040, Duties of court--No-contact order.
(k) RCW 10.99.055, Enforcement of orders.
(l) RCW 10.99.060, Prosecutor's notice to victim--Description of available procedures.
(m) RCW 26.09.300, Restraining orders--Notice--Refusal to comply--Arrest--Penalty--
Defense--Peace officers, immunity.
(n) RCW 26.10.220, Restraining orders--Notice--Refusal to comply--Arrest--Penalty--
Defense--Peace officers, immunity.
Ordinance No. 2010-xxx 2
(o) RCW 26.44.067, Temporary restraining order or preliminary injunction--Contents--
Notice--Noncompliance--Defense--Penalty.
(p) RCW 26.50.010, Definitions.
(q) RCW 26.50.110, Order--Transmittal to law enforcement agency--Record in law
enforcement information system--Enforceability.
(r) RCW 26.50.120, Violation of order--Prosecuting attorney or attorney for
municipality may be requested to assist--costs and attorney's fee.
(s) RCW 26.50.140, Peace officers--immunity.
(t) RCW 9A.36.160, Failing to summon assistance.
(u) RCW 9A.36.161, Penalty
(v) RCW 9.61.260, Cyberstalking.
Section 2. Arlington Municipal Code Section 9.08.030 is amended to read as follows:
9.08.030 Aggressive begging.
(a) It is a crime for any person to engage in aggressive begging in any public place in
the city as those terms are defined by this section.
(b) As used in this section:
(1) Aggressive begging means to beg with intent to intimidate another person
into giving money or goods.
(2) Beg means to ask for money or goods as a charity, whether by words, bodily
gestures, signs or other means.
(c) Intimidate means to coerce or frighten into submission or obedience.
(d) Public place means any road, alley, lane, parking area, sidewalk or any place, private
or otherwise, adapted to and fitted for vehicular or pedestrian travel, that is in common
use by the public with the consent, expressed or implied, of the owner or owners, and
further, any public playground, school grounds, recreation grounds, parks, parkways,
park drives, park paths and rights-of-way open to the use of the public.
(e) Aggressive begging is a gross misdemeanor.
Section 3. Arlington Municipal Code Section 9.16.080 is amended to read as follows:
9.16.080 Sexual exploitation of children and minor access to erotic materials.
The following state statutes, including all future amendments, additions or deletions, are
hereby adopted by reference:
(a) RCW 9.68A.011, Definitions.
(b) RCW 9.68A.070, Possession of depictions of minor engaged in sexually explicit
conduct.
(c) RCW 9.68A.080, Processors of depictions of minor engaged in sexually explicit
conduct-Report required.
(d) RCW 9.68A.110(1),(2),(5), Certain defenses barred, permitted.
(e) RCW 9.68A.120, Seizure and forfeiture of property.
(f) RCW 9.68A.130, Recovery of costs of suit by minor.
(g) RCW 9.68A.150, Allowing minor on premises of live erotic performance-Penalty.
Ordinance No. 2010-xxx 3
Section 4. Arlington Municipal Code Section 9.20.030 is amended to read as follows:
9.20.030 Privacy, violating right of.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9.73.010, Divulging telegram.
(b) RCW 9.73.020, Opening sealed letter.
(c) RCW 9.73.030, Intercepting, recording or divulging private communication--
Consent required--Exceptions.
(d) RCW 9.73.070, Persons and activities excepted from chapter.
(e) RCW 9.73.090, Certain emergency response personnel exempted from RCW
9.73.030 through 9.73.080--Standards--Court authorizations--Admissibility.
(f) RCW 9.73.100, Recordings available to defense counsel.
(g) RCW 9.73.080, Penalties.
Section 5. Arlington Municipal Code Section 9.28.010 is amended to read as follows:
9.28.010 Theft, unauthorized issuance of bank checks and possession of stolen property.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9A.56.010, Definitions.
(b) RCW 9A.56.020, Theft--Definition, defense.
(c) RCW 9A.56.050, Theft in third degree.
(d) RCW 9A.56.060, (1), (2), (3), (5), Unlawful issuance of checks or drafts.
(e) RCW 9A.56.096, Theft of rental property.
(f) RCW 9A.56.140, Possessing stolen property--Definition--Presumption.
(g) RCW 9A.56.170, Possessing stolen property in the third degree.
(h) RCW 9A.56.220, Theft of subscription television services.
(i) RCW 9A.56.230, Unlawful sale of subscription television services.
(j) RCW 9A.56.240, Forfeiture and disposal of device used to commit violation.
(k) RCW 9A.56.270, Shopping cart theft.
(l) RCW 9A.56.063, Making or possessing motor vehicle theft tools.
Section 6. Arlington Municipal Code Section 9.28.020 is amended to read as follows:
9.28.020 Malicious mischief and obscuring identity of machines.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9A.48.090, Malicious mischief in the third degree.
(b) RCW 9A.48.100(l), Malicious mischief--"Physical damage" defined.
(c) RCW 9A.56.180, Obscuring identity of a machine.
(d) RCW 9A.48.105, Criminal street gang tagging and graffiti.
Ordinance No. 2010-xxx 4
Section 7. Arlington Municipal Code Section 9.28.040 is amended as follows:
9.28.040 Disruption of school activities.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 28A.635.020, Willfully disobeying school administrative personnel or refusing
to leave public property, violations, when — Penalty.
(b) RCW 28A.635.030, Disturbing school, school activities or meetings — Penalty.
(c) RCW 28A.635.090, Interference by force or violence — Penalty.
(d) RCW 28A.635.100, Intimidating any administrator, teacher, classified employee, or
student by threat of force or violence unlawful — Penalty.
Section 8. Arlington Municipal Code Section 9.32.010 is amended to read as follows:
9.32.010 Fraud.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9.04.010, False advertising.
(b) RCW 9.45.060, Encumbered, leased or rented personal property-Construction.
(c) RCW 9.45.070, Mock auctions.
(d) RCW 9.45.080, Fraudulent removal of property.
(e) RCW 9.45.090, Knowingly receiving fraudulent conveyance.
(f) RCW 9.45.100, Fraud in assignment for benefit of creditors.
(g) RCW 9A.60.045, Criminal impersonation in the second degree.
(h) RCW 9A.60.050, False certification.
(i) RCW 9A.61.010, Definitions.
(j) RCW 9A.61.020, Defrauding public utility.
(k) RCW 9A.61.050, Defrauding a public utility in the third degree.
(l) RCW 9A.61.060, Restitution and costs.
(m) RCW 9.45.270(1), Fraudulent filing of vehicle report of sale.
Section 9. Arlington Municipal Code Section 9.36.030 is amended to read as follows:
9.36.030 Obstructing justice, criminal assistance, introducing contraband and related
offenses.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9.69.100, Duty of witness of offense against child or any violent offense--
Penalty.
(b) RCW 9A.72.010, Definitions.
(c) RCW 9A.72.040, False swearing.
(d) RCW 9A.72.060, Perjury and false swearing--Retraction.
(e) RCW 9A.72.070, Perjury and false swearing--Irregularities no defense.
(f) RCW 9A.72.080, Statement of what one does not know to be true.
Ordinance No. 2010-xxx 5
(g) RCW 9A.72.140, Jury tampering.
(h) RCW 9A.72.150, Tampering with physical evidence.
(i) RCW 9A.76.010, Definitions.
(j) RCW 9A.76.020, Obstructing a law enforcement officer.
(k) RCW 9A.76.030, Refusing to summon aid for a peace officer.
(l) RCW 9A.76.040, Resisting arrest.
(m) RCW 9A.76.050, Rendering criminal assistance--Definition of terms.
(n) RCW 9A.76.060, Relative defined.
(o) RCW 9A.76.080, Rendering criminal assistance in the second degree.
(p) RCW 9A.76.090, Rendering criminal assistance in the third degree.
(q) RCW 9A.76.100, Compounding.
(r) RCW 9A.76.160, Introducing contraband in the third degree.
(s) RCW 9A.76.170(1),(2), 3(d), Bail jumping.
(t) RCW 9A.84.030, Disorderly conduct.
(u) RCW 9A.84.040, False reporting.
Section 10. Arlington Municipal Code Section 9.40.010 is amended to read as follows:
9.40.010 Statutes adopted.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 69.50.101, Definitions.
(b) RCW 69.50.204(d)(14), Schedule I-Marijuana.
(c) RCW 69.50.309, Containers.
(d) RCW 69.50.401(e), Prohibited acts: A-Penalties.
(e) RCW 69.50.412, Prohibited acts: E-Penalties.
(f) RCW 69.50.505, Seizure and forfeiture.
(g) RCW 69.50.506, Burden of proof; liabilities.
(h) RCW 69.50.509, Search and seizure of controlled substances.
Section 11. Arlington Municipal Code Section 9.40.100 is amended to read as follows:
9.40.100 Inhaling toxic fumes.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9.47A.010, Definition.
(b) RCW 9.47A.020, Unlawful inhalation-Exception.
(c) RCW 9.47A.030, Possession of certain substances prohibited, when.
(d) RCW 9.47A.040, Sale of certain substances prohibited, when.
(e) RCW 9.47A.050, Penalty.
Section 12. Arlington Municipal Code Section 9.44.010 is amended to read as follows:
9.44.010 Adoption of statutes.
Ordinance No. 2010-xxx 6
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 66.04.010, Definitions.
(b) RCW 66.20.200, Unlawful acts relating to card of identification and certification
card.
(c) RCW 66.20.210, Licensee's immunity to prosecution or suit-Certification card as
evidence of good faith.
(d) RCW 66.28.090, Licensed premises or banquet permit premises open to inspection-
Failure to allow, violation.
(e) RCW 66.44.010, Local officers to enforce law-Authority of board-Liquor
enforcement officers.
(f) RCW 66.44.040, Sufficiency of description of offenses in complaints, information,
process, etc.
(g) RCW 66.44.050, Description of offense in words of statutes-Proof required.
(h) RCW 66.44.060, Proof of unlawful sale establishes prima facie intent.
(i) RCW 66.44.070, Certified analysis is prima facie evidence for alcoholic content.
(j) RCW 66.44.080, Service of process on corporation.
(k) RCW 66.44.090, Acting without license.
(l) RCW 66.44.100, Opening or consuming liquor in public-Penalty.
(m) RCW 66.44.120, Unlawful use of seal.
(n) RCW 66.44.130, Sale of liquor by drink or bottle.
(o) RCW 66.44.140, Unlawful sale, transportation of spirituous liquor without stamp or
seal-Unlawful operation, possession of still or mash.
(p) RCW 66.44.150, Buying liquor illegally.
(q) RCW 66.44.160, Illegal possession, transportation of alcoholic beverages.
(r) RCW 66.44.170, Illegal possession of liquor with intent to sell-Prima facie evidence,
what is.
(s) RCW 66.44.175, Violations of law.
(t) RCW 66.44.180, General penalties-Jurisdiction for violation.
(u) RCW 66.44.200, Sales to persons apparently under the influence of liquor.
(v) RCW 66.44.210, Obtaining liquor for ineligible person.
(w) RCW 66.44.240, Drinking in public conveyance-Penalty against carrier-Exception.
(x) RCW 66.44.250, Drinking in public conveyance-Penalty against individual-
Restricted application.
(y) RCW 66.44.280, Minor applying for permit.
(z) RCW 66.44.290, Minor purchasing or attempting to purchase liquor.
(aa) RCW 66.44.300, Treating minor, etc, in public place where liquor sold.
(bb) RCW 66.44.310, Minor frequenting off limits area -Misrepresentation of age-
Penalty-Classification of licenses.
(cc) RCW 66.44.325, Unlawful transfer to a minor of an identification of age.
(dd) RCW 66.44.328, Preparation or acquisition and supply to persons under age 21-one
of facsimile or official identification card-Penalty.
(ee) RCW 66.44.340, Employees 18 years and over allowed to sell and handle beer and
wine for Class E and/or Class F employers.
(ff) RCW 66.44.350, Employees 18 years and over allowed to serve and carry liquor,
clean up, etc., for Class A, C, D and/or H licensed employers.
Ordinance No. 2010-xxx 7
(gg) RCW 66.44.370, Resisting or opposing officers in enforcement of title.
Section 13. Arlington Municipal Code Section 9.44.030 is repealed in its entirety.
Section 14. Arlington Municipal Code Section 9.48.010 is amended to read as follows:
9.48.010 Firearms and dangerous weapons: prohibitions.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9.41.010, Terms defined.
(b) RCW 9.41.050, Carrying firearms.
(c) RCW 9.41.060, Exceptions to restrictions on carrying firearms.
(d) RCW 9.41.080, Delivery to ineligible persons.
(e) RCW 9.41.098, Forfeiture of firearms-Disposition-Confiscation.
(f) RCW 9.41.100, Dealer licensing and registration required.
(g) RCW 9.41.140, Alteration of identifying marks-Exceptions.
(h) RCW 9.41.170, Alien's license to carry firearms-Exception.
(i) RCW 9.41.230, Aiming or discharging firearms, dangerous weapons.
(j) RCW 9.41.240, Possession of pistol by person from eighteen to twenty-one.
(k) RCW 9.41.250, Dangerous weapons-Penalty.
(l) RCW 9.41.260, Dangerous exhibitions.
(m) RCW 9.41.270, Weapons apparently capable of producing bodily harm-Unlawful
carrying or handling-Penalty-Exceptions.
(n) RCW 9.41.280, Carrying dangerous weapons on school facilities-Penalty-
Exceptions.
Section 15. Arlington Municipal Code Section 9.48.030 is amended as follows:
9.48.030 Weapons prohibited on liquor sale premises.
It is a misdemeanor for anyone, on or in any premises classified by the state liquor board
as off-limits to persons under twenty-one years of age to:
(a) Carry in any manner any firearm, rifle or handgun, whether such person has a license
or permit to carry such firearm or not, and whether such firearm is concealed or not; or
(b) Carry any knife, sword, dagger or other cutting or stabbing instrument, with a blade
of a length of three inches or more, or any razor with an unguarded blade, whether such
weapon or instrument is concealed or not; or
(c) Carry any instrument or weapon of the kind usually known as a slingshot, taser,
throwing star, bow, sand club, blackjack, metal knuckles, or any stick, chain, metal pipe,
bar, club or combination thereof including a device known as nunchuk sticks, or any like
device having the same or similar components or parts, whether or not connected by a
rope, chain or other device, or any explosive or any poison or injurious gas, or any other
instrument or weapon apparently capable of producing bodily harm, whether such
instrument or weapon is concealed or not.
The provisions of subsection (a) of this section will not apply to or affect the following:
(a) Any lawful act committed by a person while in his or her fixed place of business; or
Ordinance No. 2010-xxx 8
(b) Any person who by virtue of his or her office or public employment is vested by law
with a duty to preserve public safety, maintain public order, or to make arrests for
offenses, whether during regular duty hours or not; or
(c) Any person making or assisting in making a lawful arrest for the commission of a
felony.
Upon conviction, the weapon or instrument involved may be confiscated by order of the
court and disposed of in accordance with statutes or ordinances governing the disposal of
confiscated or found property.
Section 16. Arlington Municipal Code Section 9.48.040 is repealed in its entirety.
Section 17. Arlington Municipal Code Section 9.52.010 is amended to read as follows:
9.52.010 Conduct prohibited.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9.91.010, Denial of civil rights--Terms defined.
(b) RCW 9.91.020, Operating railroad, steamboat, vehicle, etc., while intoxicated.
(c) RCW 9.91.025, Unlawful bus conduct.
(d) RCW 9.03.010, Abandoning, discarding refrigeration equipment.
(e) RCW 9.03.020, Permitting unused equipment to remain on premises.
(f) RCW 9.03.030, Violation of RCW 9.03.010 or 9.03.020.
(g) RCW 9.03.040, Keeping or storing equipment for sale.
(h) RCW 9.46.196, Cheating--Defined.
(i) RCW 9.46.1962, Cheating in the second degree.
(j) RCW 16.52.011, Definitions--Principles of liability.
(k) RCW 16.52.080, Transporting or confining in unsafe manner--Penalty.
(l) RCW 16.52.085, Removal of animals for feeding--Examination--Notice--Euthanasia.
(m) RCW 16.52.095, Cutting ears--Misdemeanor.
(n) RCW 16.52.100, Confinement without food and water--Intervention by others.
(o) RCW 16.52.110, Old or diseased animals at large.
(p) RCW 16.52.117, Animal fighting--Owners, trainers, spectators--Exceptions.
(q) RCW 16.52.165, Punishment--Conviction of misdemeanor.
(r) RCW 16.52.180, Limitations on application of chapter.
(s) RCW 16.52.185, Exclusions from chapter.
(t) RCW 16.52.190, Poisoning animals.
(u) RCW 16.52.193, Poisoning animals--Strychnine sales--Records--Report on
suspected purchases.
(v) RCW 16.52.200, Sentences--Forfeiture of animals--Liability for costs--Civil
penalty--Education, counseling.
(w) RCW 16.52.207, Animal cruelty in the second degree.
(x) RCW 16.52.015, Enforcement – Law Enforcement agencies and animal care and
control agencies.
Ordinance No. 2010-xxx 9
Section 18. Severability. If any provision, section, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 19. Effective Date. A summary of this Ordinance consisting of
its title shall be published in the official newspaper of the City, and shall take effect and be in full
force five (5) days after the date of publication.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor
Pro Tem this ______ day of _____________________, 2010.
CITY OF ARLINGTON
____________________________________
Margaret Larson, Mayor
ATTEST:
___________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven J. Peiffle, City Attorney
From:STEVE BAKER
To:Kristin Banfield
Cc:Allen Johnson ; Margaret Larson ; Steve Peiffle; Robert Sullenberger
Subject:Re: AMC Title 9
Date:Wednesday, February 17, 2010 11:16:56 PM
Attachments:AMC 8.doc
ATT00001.htm
Kristin,Here are my questions to AMC title 8Thanks,Steve
Questions on AMC 8
9.16.100 Nude sunbathing prohibited.
(a) A person is guilty of nude sunbathing if he or she intentionally makes any open or obscene exposure of his or her
person at a public beach.
So anywhere else is OK?
9.20.060 Nuisance noise originating from private property or premises not open to the public.
It is unlawful for any person to knowingly cause or make, or for any person in possession or in control of property to
knowingly allow to originate from private property or premises which are not open to the public, any public nuisance
noise. The following sounds or combination of sounds are noises which are deemed to be public nuisance noise for
purposes of this section:
(1) Loud and raucous, and frequent, repetitive or intermittently continuous use or a horn or siren attached to a motor
vehicle, except such sounds that are made to warn of danger or that are specifically permitted or required by law;
(2) Loud and raucous, and frequent, repetitive or intermittently continuous sounds in connection with the starting,
operation, repair, rebuilding or testing of any motor vehicle, motorcycle, race vehicle, off-road vehicle, or internal
combustion engine;
(3) Loud and raucous, and frequent, repetitive or intermittently continuous sounds made by the use of a musical
instrument or instruments, or other device capable of producing sound when struck by an object, or a whistle, or a
sound amplifier or other device capable of producing, amplifying or reproducing sound;
(4) Operating a mobile or stationary sound amplification device for the purpose of emitting sound to the public; (5)
Using, operating or permitting to be used, played or operated any radio, receiving set, musical instrument,
phonograph, compact disc player, or other machine or device for the producing or reproducing of sound in such a
manner as to unreasonably disturb the peace, quiet, and comfort of the neighboring inhabitants. The operation of
any such machine or device in such a manner shall be prima facie evidence of a violation of this section when the
sound is plainly audible:
(A) Off the private land where the sound originates, or
(B) Inside an adjoining residential premises;
(6) Any unreasonable or excessive noise near any public or private school, institute of learning, public meeting place,
church, health care facility, or court that is open or in session;
(7) Except for emergency situations affecting the health and safety of the occupants of a premises, the following
sounds when performed between the hours of ten p.m. and six a.m.:
(A) Sounds originating from any property relating to the maintenance or repair of structures, grounds, landscaping,
parking lots or appurtenances, including but not limited to sounds created by lawn mowers, power tools, hammering
or gardening.
(B) Yelling, screaming or loud human voices that are plainly audible inside an adjoining residence;
(8) Unless specifically permitted by the city's building official, noise resulting from any construction or development
activity or the operation of any heavy equipment from seven p.m. to seven a.m. Monday through Saturday;
(9) Noise which originates from property defined as a commercial district in AMC 20.36.020 or a manufacturing
district defined in AMC 20.36.030 and which meets or exceeds the noise levels set out in Washington Administrative
Code (WAC) Chapter 173-60. For purposes of determining compliance with this section, the city adopts and
incorporates by reference the following sections of the WAC: 173-60-010, 173-60-020, 173-60-030, 173-60-040, and
173-60-050.
(Ord. 1320 § 3, 2004).
9.20.070 Complaints and enforcement.
(a) When a complaint alleging a violation of AMC Section 9.20.060 is received by the police department and is verified
to be occurring by the responding police officer, the police officer will give a warning to the offending person that
such violations must stop. Failure to immediately cease the violation or having repeat violations within a sixty-day
period is a criminal violation and the police officer may cite the offender.
(b) Whenever three or more persons living in separate residences state in writing that any person is violating any
provisions of this section, it may be considered a violation of this chapter and the police department will forward the
information to the city prosecutor for action.
(c) The content of the sound or noise will not be considered for purposes of this section.
(d) Any person violating any provision of this section shall be guilty of a misdemeanor and, upon conviction thereof,
shall be punished by a fine not to exceed two hundred fifty dollars or ninety days in jail or both such fine and jail. Any
second or subsequent violation shall be twice the amount as the first offense.
(Ord. 1320 § 4, 2004).
9.20.080 Nuisance noise originating from public property or premises open to the public and or vehicles.
It is unlawful for any person to knowingly cause or make from public property or premises which are open to the
public, any public nuisance noise. For purpose of this section, public nuisance noise shall include but not be limited to:
(1) Yelling, screaming or loud human voices originating from public property, or from premises open to the public,
between the hours of ten p.m. and six a.m., when said noise is plainly audible from a distance of fifty feet or more.
The content of the noise shall not be considered.
(2) Operating an electronic machine or device producing amplified sound is plainly audible at a distance of fifty feet or
more from the source.
(3) Noise from or created by a vehicle while on public property or premises open to the public by:
(A) Emitting amplified sound at a volume that is audible from fifty feet or more away from a vehicle,
(B) Intentional squealing of tires, or
(C) Making sounds for any duration or frequency from the starting and/or running of the engine of a racing vehicle.
(Ord. 1320 § 5, 2004).
9.20.090 Enforcement and penalty.
Any violation of AMC Section 9.20.080 shall be a civil infraction subject to a monetary fine of one hundred dollars. The
fine will double in amount if: it is not paid within fifteen days of the issuance of the infraction and the violation is
neither contested nor a mitigation hearing requested, according to procedures contained on the Notice of Infraction.
Any such fine not paid after notice of delinquency may be forwarded to a collection agency or may be collected by
any means as authorized by law.
(Ord. 1320 § 6, 2004).
9.20.100 Exemptions.
The following sounds are exempt from the provisions of this chapter at all times:
(1) Noise which originates from a permitted Special Event;
(2) Noise which originates from an animal;
Does this contradict the below law?
8.10.050 Noisy animals. It is unlawful for a person to keep, harbor, maintain, possess, or have under their control, any
animal or fowl which habitually howls, yelps, whines, barks, or makes any other oral noise in such a manner that can
be heard inside a residence or work place. It is a violation when the noise is confirmed by police officer and the owner
or the person in control of the animal immediately fails to stop the noise. Any such animal is declared to be a nuisance
and may seized and impounded if the disturbance reoccurs after the animal’s owner has received one warning from the
police department within a sixty-day period or three warnings within any twelve-month period. Whenever three or
more persons living in a separate residences state in writing that any such animal is violating any provisions of this
section, it may be considered a violation of this chapter and the police department will forward the information to the
city prosecutor for action. (Ord. 1371 §1 (part), 2005).
(3) Noise which originates from aircraft in flight or otherwise lawful aviation functions;
(4) Noise which originates from fireworks that are allowed by law or permit; or
(5) Noise which originates from fire alarms or emergency equipment.
How about safety equipment?
(Ord. 1320 § 7, 2004).
9.20.110 Variance.
Any person may apply to the chief of police for a variance from the requirements of Sections 9.20.050 through
9.20.100. Any such request for a variance shall be accompanied by such information as the chief or his or her
designee may require.
(Ord. 1320 § 8, 2004).
Granting of a variance shall rest in the reasonable discretion of the chief or his or her designee
and shall not be a right of any applicant. The chief may grant a variance if he or she, after considering the relative
interests of the applicant, other owners or possessors or property likely to be affected by the noise, and the general
public, finds that the noise does not endanger the public health or safety. In considering any variance, the chief may
consider whether compliance with the particular requirement or requirements from which the variance is sought will
require the taking of measures which, because of their extent or cost, must reasonably be spread over a period of
time. Any action by the chief on a request for a variance shall be final unless a written appeal of that decision is filed
with the city clerk, accompanied by a fee as set forth by resolution of the city. All such appeals shall be heard by the
hearing examiner in accordance with the provisions of AMC Chapter 20.24.
9.20.120 Civil enforcement.
Nothing contained in this chapter shall limit or restrict the authority of the city or any private party to abate nuisance
noises through civil proceedings in any court of competent jurisdiction.
(Ord. 1320 § 9, 2004).
Under the above laws, would it be OK for a neighborhood block party if the sponsor gets a permit and notifies the
neighborhood? If it is Ok for the City to put on outdoor concerts without having to do anything special, then it should
be Ok for citizens to put on special neighborhood events.
9.20.070 Complaints and enforcement.
(a) When a complaint alleging a violation of AMC Section 9.20.060 is received by the police department and is verified
to be occurring by the responding police officer, the police officer will give a warning to the offending person that
such violations must stop. Failure to immediately cease the violation or having repeat violations within a sixty-day
period is a criminal violation and the police officer may cite the offender.
(b) Whenever three or more persons living in separate residences state in writing that any person is violating any
provisions of this section, it may be considered a violation of this chapter and the police department will forward the
information to the city prosecutor for action.
(c) The content of the sound or noise will not be considered for purposes of this section.
(d) Any person violating any provision of this section shall be guilty of a misdemeanor and, upon conviction thereof,
shall be punished by a fine not to exceed two hundred fifty dollars or ninety days in jail or both such fine and jail. Any
second or subsequent violation shall be twice the amount as the first offense.
(Ord. 1320 § 4, 2004).
(a) says complaint (b) says 3 complaints from 3 separate households. Which is it?
Chapter 9.36 CRIMES RELATING TO PUBLIC OFFICERS 9.36.020 Public officer defined.
Public officer, as used in this article, comprises police officers; fire chief and his or her designees; city administrator,
health officers; and the public works director and his or her designees; city clerk and his or her designee; code
enforcement personnel; and other city personnel authorized for enforcement of city ordinances, statutes and codes.
(Ord. 1289 §2, 2002).
Do our enforcement officials have to abide by the same rules as police officers?
Chapter 9.48 CRIMES RELATING TO FIREARMS AND DANGEROUS WEAPONS
9.48.020 Unlawful use of air guns, penalty.
(a) It is unlawful for any person to point or shoot an air gun at any person or property of another, or to aim or
discharge such weapon in the direction of the person or residence of another, while within such range as to cause or
inflict injury to the person or damage the property of another.
(b) As used in this section, "air gun" means and includes the following; : air gun, air pistol, air rifle, BB gun and toy or
other guns of any kind or nature when so designed, contrived, modified and used to propel, by compressed air or
spring-loaded plunger, any pellet, dart, hard-tipped arrow, bean, pea, BB, rock or other hard substance a distance of
more than twenty-five feet with sufficient force to break windows or inflict injury upon persons or animals. (c) Any
person convicted of a violation of the provisions of this section is guilty of a misdemeanor and, in addition to any other
punishment imposed by the court, the court will direct that the weapon so used in violation of the these provisions be
confiscated and disposed of in accordance with statutes or ordinances governing the disposal of confiscated or found
weapons.
How about Paint ball or air soft guns
(c) Any person convicted of a violation of the provisions of this section is guilty of a misdemeanor and, in addition to
any other punishment imposed by the court, the court will direct that the weapon so used in violation of the these
provisions be confiscated and disposed of in accordance with statutes or ordinances governing the disposal of
confiscated or found weapons.
(Ord. 1289 §2, 2002).
9.48.030 Weapons prohibited on liquor sale premises.
It is a misdemeanor for anyone, on or in any premises in the city where alcoholic beverages are dispensed by the
drink classified by the state liquor board as off-limits to persons under twenty-one years of age to:
(a) Carry in any manner any firearm, rifle or handgun, whether such person has a license or permit to carry such
firearm or not, and whether such firearm is concealed or not; or
(b) Carry any knife, sword, dagger or other cutting or stabbing instrument, with a blade of a length of three inches or
more, or any razor with an unguarded blade, whether such weapon or instrument is concealed or not; or
9.48.050 Discharge of firearms prohibited.
(a) It is unlawful for any person to knowingly discharge a firearm within the city.
(b) The provisions of this section do not apply to:
(1) Law enforcement personnel; or
(2) Security or military personnel while engaged in official duties;
(3) A person utilizing a properly licensed instructional, membership and/or commercial shooting range.
(c) Any person violating this section is guilty of a misdemeanor.
(Ord. 1289 §2, 2002).
How about discharging a gun in self-defense?
Chapter 9.52 MISCELLANEOUS CRIMES
9.52.030 Injury to animals.
Any person who willfully and without authority in law kills, maims or disfigures an animal belonging to another, or
exposes any poisons or noxious substance with intent that it should be taken by such animal, is guilty of a
misdemeanor.
How about mouse or rat bait?
(Ord. 1289 §2, 2002).
9.52.040 Wounding or tapping of animals.
Any person who willfully and without authority in law kills, wounds or traps an animal or bird, or removes or destroys
the young of any such animal or the egg of any such bird is guilty of a misdemeanor.
(Ord. 1289 §2, 2002).
How about mouse or rat traps?
Section 15. Arlington Municipal Code Section 9.48.030 is amended as follows:
9.48.030 Weapons prohibited on liquor sale premises.
It is a misdemeanor for anyone, on or in any premises classified by the state liquor board as off-limits to
persons under twenty-one years of age to:
(a) Carry in any manner any firearm, rifle or handgun, whether such person has a license or permit to carry
such firearm or not, and whether such firearm is concealed or not; or
(b) Carry any knife, sword, dagger or other cutting or stabbing instrument, with a blade of a length of three
inches or more, or any razor with an unguarded blade, whether such weapon or instrument is concealed or
not; or
(c) Carry any instrument or weapon of the kind usually known as a slingshot, taser, throwing star, bow, sand
club, blackjack, metal knuckles, or any stick, chain, metal pipe, bar, club or combination thereof including a
device known as nunchuk sticks, or any like device having the same or similar components or parts, whether
or not connected by a rope, chain or other device, or any explosive or any poison or injurious gas, or any
other instrument or weapon apparently capable of producing bodily harm, whether such instrument or
weapon is concealed or not.
The provisions of subsection (a) of this section will not apply to or affect the following:
(a) Any lawful act committed by a person while in his or her fixed place of business; or
(b) Any person who by virtue of his or her office or public employment is vested by law with a duty to
preserve public safety, maintain public order, or to make arrests for offenses, whether during regular duty
hours or not; or
(c) Any person making or assisting in making a lawful arrest for the commission of a felony.
Upon conviction, the weapon or instrument involved may be confiscated by order of the court and disposed of in
accordance with statutes or ordinances governing the disposal of confiscated or found property.
Question
Should a good law abiding citizen that has passed background checks and other requirements be denied their 2nd
amendment rights to carry or protect themselves or even protect others around them?
SCENARIO
What if a person comes into town for a parade or concert etc, and decides to have a drink, goes into a tavern and
someone sees a concealed weapon on that person, calls the police, who charge him with a misdemeanor and
confiscates the weapon.
In the workshop, Steve Peiffle said that this is a RCW and not a AMC. It is not listed this way. I have also heard
that it is possible that in the RCW it says that a person that has a concealed weapon can enter but not drink. Is this
true?
City of Arlington
Council Agenda Bill
AGENDA ITEM:
Workshop #8
ATTACHMENT H
COUNCIL MEETING DATE:
February 22, 2010
SUBJECT:
Update of Arlington Municipal Code – Title 10
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
Strikeout version of Title 10 – Vehicles and Traffic
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: Legal review is ongoing
DESCRIPTION:
Proposed changes within Title 10 of the Arlington Municipal Code are attached for the
Council’s review. AMC Title 10 discusses a variety of issues related to parking regulations,
traffic regulations, and the commute trip reduction program.
HISTORY:
The City Council is reviewing the Arlington Municipal Code to update it for eventual
publication to the City’s website.
ALTERNATIVES:
RECOMMENDED MOTION:
No action at this time.
AMC Title 10 Revisions – 2-17-10
1
Title 10 VEHICLES AND TRAFFIC
Chapters:
10.52 Parking in Front of Theaters - REPEAL
10.54 Stopping, Standing and Parking – SUBSTANTIAL REVISIONS
10.80 Transportation Demand Management – NO CHANGES
10.84 Revisions-General – NO CHANGES
AMC Title 10 Revisions – 2-17-10
2
Chapter 10.52 PARKING IN FRONT OF THEATERS
Sections:
10.52.010 Definitions.
10.52.020 No parking signs placement-Starting time notification.
10.52.030 No parking signs-Placement direction.
10.52.010 Definitions.
For the purpose of this chapter, "theater" means a building or structure having a stage and/or
motion picture screen and projection room and having an accommodation for an audience of in
excess of fifty persons; "performance" means any function, activity, show or showing
conducted in a theater, whether or not paid admissions are charged or the theater is open to
the general public; "fire-zone" means that portion of the street and curb on which a theater
fronts lying between the extension of the outside walls of the theater building or structure; and
"no parking signs" means signs of such size, clarity and stability as shall be prescribed by the
chief of police, provided that the requirements of the chief of police shall not exceed the
standards observed by the city with respect to the city's no parking signs.
(Ord. 505 §1, 1965).
10.52.020 No parking signs placement-Starting time notification.
It is unlawful for any person, firm or corporation who is owner, lessee, licensee, operator or
sponsor of any performance at any theater within the city to fail to place at least two no
parking signs in the fire zone in front of such theater not less than two hours prior to the
admission of any audience to such theater, or to cause or permit the said no parking signs to be
removed therefrom at any time during the duration of such performance and until the
audience has been discharged from the theater. It is further unlawful for any such person, firm
or corporation to fail to have notified the chief of police or the city clerk of the time of such
performance at least four hours prior to the scheduled time thereof. In the case of regularly
scheduled performances, it is sufficient to comply with this provision that such person, firm or
corporation notify the chief of police or the city clerk in writing, of the regular scheduled
performances.
(Ord. 505 §2, 1965).
10.52.030 No parking signs-Placement direction.
The physical placing of the no parking signs on or adjacent to the fire zone shall be as directed
by the chief of police.
(Ord. 505 §3, 1965).
AMC Title 10 Revisions – 2-17-10
3
Chapter 10.54 STOPPING, STANDING AND PARKING
Sections:
10.54.010 Chapter application.
10.54.020 Regulations not exclusive.
10.54.030 Parking prohibited for more than seventy-two hours.
10.54.040 Prohibited parking designated.
10.54.050 Prohibited parking, additional
10.54.050 060 Violations -– PenaltiesInfraction and Impound.
10.54.010 Chapter application.
The provisions of this chapter prohibiting the standing or parking of a vehicle shall apply at all
times or at those times herein specified or as indicated on official signs except when it is
necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the
directions of a police officer or official traffic control device.
(Ord. 1127 §1(part), 1996).
10.54.020 Regulations not exclusive.
The provisions of this chapter imposing a time limit on parking shall not relieve any person from
the duty to observe other and more restrictive provisions prohibiting or limiting the stopping,
standing or parking of vehicles in specified places or at specified times.
(Ord. 1127 §1(part), 1996).
10.54.030 Parking prohibited for more than seventy-two hours.
No vehicle shall be continuously parked at any one location on a city street or alley for more
than seventy-two hours.
(Ord. 1127 §1(part), 1996).
10.54.040 Prohibited parking designated.
When and where signs are erected and/or curbing painted red to give notice of a no parking
zone or fire zone, there shall be no parking of motor vehicles.
When signs are erected in each block giving notice thereof, no person shall at any time, except
as herein provided and as stated on the signs, park a vehicle on the following streets or portions
thereof:
(1) Maple Street between Olympic Avenue and Lebanon Street, both sides;
(2) Lebanon Street from Maple Street to West Avenue and from Maple Street to 67th Avenue
N.E. both sides;
(3) 67th Avenue between Division Street and Cox Avenue, both sides;
(4) West Avenue between Division Street and Cox Avenue, both sides;
(5) West Avenue between Cox Avenue and the north city limits, both sides;
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(6) The north side of that portion of Third Street which extends from Lenore Avenue to Mcleod
Avenue, except that parking shall be permitted on Sundays only on the north side of that
portion of Third Street which extends from Lenore Avenue to French Avenue;
(7) Any bus loading zones, except from nine p.m. to three a.m., and except for Sundays;
(8) Olympic Avenue, between Maple and Union Streets, both sides;
(9) Highland Drive, between State Highway 9 and French Avenue, both sides;
(10) Mcleod Avenue, between Second Street and the southwest corner of the Arlington Fire
Department Administrative building, east side;
(11) The westbound lane of Division Street between High Street and Broadway Avenue, south
side;
(12) The eastbound lane of Division Street between Mcleod and French Avenue, North side;
(13) Burke Avenue between the east parking lot entrance of Cascade District Court and the
Lincoln bridge, north side;
(14) Division Street from State Highway 9 to Olympic Avenue, south side;
(15) The first marked parking spaces located north and south of the crosswalk on the west side
of Olympic Avenue between Third and Fourth Streets, except for motorcycles which may park
in those spaces;
(16) Any no parking area as designated by red curbing and/or an appropriate sign giving notice
thereof;
(17) Any area designated as a fire lane by red street marking and/or an appropriate sign giving
notice thereof.
(Ord. 1127 § 1(part), 1996).
10.54.050 Prohibited Parking, additional.
(a) Except when necessary to avoid conflict with other traffic, or in compliance with the
directions of a police officer or an official traffic control device, it shall be unlawful to:
(1) Stop, stand, or park a vehicle in the following areas:
(a) on the roadway side of any vehicle stopped or parked at the edge or curb of
any street;
(b) on a sidewalk or street planting strip;
(c) within an intersection;
(d) on a crosswalk;
(e) along side or opposite any street excavation or obstruction when stopping,
standing, or parking would obstruct traffic or the view of the traffic by other
drivers;
(f) upon any bridge or other elevated structure upon a roadway;
(g) on any railroad tracks;
(h) in a posted fire lane, whether on public or private property;
(i) in a designated pedestrian walkway;
(j) at any place where official signs prohibit stopping;
(k) in the travel portionof any roadway; or
(l) in any location that obstructs the normal movement of traffic.
(2) Stand or park a vehicle, whether occupied or not in the following areas:
AMC Title 10 Revisions – 2-17-10
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(a) in front of a public or private driveway or within five (5) feet thereof;
(b) within fifteen (15) feet of a fire hydrant;
(c) within twenty (20) feet of a crosswalk;
(d) within thirty (30) feet approaching any flashing signal, stop sign, yield sign, or
traffic control signal located at the side of a roadway;
(e) within twenty (20) feet of the driveway entrance to any fire station and on
the side of a street opposite the entrance to any fire station within seventy five
(75) feet of said entrance when signs are properly posted; or
(f) at any place where official signs prohibit standing.
(3) Park a vehicle, whether occupied or not, except to temporarily load or unload
property or passengers in the following areas:
(a) within fifty (50) feet of the nearest rail of a railroad crossing; or
(b) at any place where official signs prohibit parking.
(b) It shall be aunlawful to reserve or attempt to reserve any portion of the roadway for
purpose of stopping, standing or parking to the exclusion of others, without specific permission
from the City of Arlington.
(c) Unless otherwise posted or regulated, vehicles stopped or parked on a roadway shall be
(1) parked with the wheels parallel to and withing twelve (12) inches of the curb, or as
close as practical to the edge of the roadway, as so not to obstruct traffic; and
(2) parked in the direction of authorized traffic movement.
(d) Parking Trailers, Campers, Motorhomes, and Trucks.
1. No person shall detach and/or park any trailer or camper upon any street or alley for
more than 24 hours.
2. Persons stopping, standing or parking trailers that are attached to towing vehicles
shall abide by all parking regulations as set forth in this chapter.
3. No person shall stand or park a truck, motorhome, or truck tractor-trailer
combination which has a manufacturer’s gross vehicle weight in excess of sixteen (16)
thousand pounds, a length in excess of twenty (20) feet or a width in excess of eight (8)
feet upon any portion of a street or alley within any residential zone as defined in AMC
Title 20, except when:
(a) Property is actively loaded or unloaded from such vehicle;
(b) The vehicle is a city vehicle or public utility vehicle providing a service to the
public;
(c) The vehicle is an emergency vehicle; or
(d) Such vehicle is currently used at and is located at a specific location within a
residential zone for the purpose of providing services such as construction,
carpentry, plumbing or landscaping to such residence or location.
4. Vehicles towing trailers or campers and Motor homes may stand or park on a city
street in a residential zone for a maximum period of seventy-two (72) hours in any thirty
(30) day period, if no other parking is available; provided said vehicles do not violate any
parking restrictions, such as posted time zones, weight, or length restrictions and meet
all other parking regulations.
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5. No person shall park any motor home or trailer in a city-owned parking lot for more than
seventy-two (72) hours.
10.54.060 Violation – Infraction and Impound.
A person violating any provision of this chapter commits an infraction, for the violation of which
they shall pay a civil penalty in the sum of $50.00 plus court fees, where applicable. Any vehicle
parked in violation of any provision of this chapter will be subject to impound at the discretion
of the police department.
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Chapter 10.80 TRANSPORTATION DEMAND MANAGEMENT*
Sections:
10.80.000 Purpose.
10.80.010 Definitions.
10.80.020 Arlington CTR plan.
10.80.030 Responsible city official.
10.80.040 Applicability.
10.80.050 Notification of applicability.
10.80.060 Applicability to new major employers.
10.80.070 Change in status as a major employer.
10.80.080 Employer requirements.
10.80.090 Recordkeeping.
10.80.100 Schedule and process for CTR reports.
10.80.120 Enforcement.
10.80.130 Exemptions or goal modifications.
10.80.140 Appeals.
* Prior ordinance history: Ords. 1056, 1154 and 1214.
10.80.000 Purpose.
The purpose of this chapter is to provide a method for compliance with the Washington State
Commute Trip Reduction Law of 1991 (RCW 70.94.521 through 70.94.551), as amended in 2006
by the Commute Trip Reduction Efficiency Act. The Commute Trip Reduction Law was passed to
reduce traffic congestion, air pollution, and dependency on fossil fuels through employer-based
programs encouraging alternative commute methods to the single-occupancy vehicle.
10.80.010 Definitions.
For the purpose of this chapter, the following definitions shall apply in the interpretation and
enforcement of this chapter:
(a) "Affected employee" means a full-time employee who begins his or her regular work day at
a major employer worksite between six a.m. and nine a.m. (inclusive) on two or more weekdays
for at least twelve continuous months, who is not an independent contractor, and who is
scheduled to be employed on a continuous basis for fifty-two weeks for an average of at least
thirty-five hours per week.
(b) "Affected urban growth area" means:
(1) An urban growth area, designated pursuant to RCW 36.70A.110, whose boundaries
contain a state highway segment exceeding the one hundred person per hours of delay
threshold calculated by the Washington State Department of Transportation, and any
contiguous urban growth areas; and
(2) An urban growth area, designated pursuant to RCW 36.70A.110, containing a
jurisdiction with a population over seventy thousand that adopted a commute trip
reduction ordinance before the year 2000, and any contiguous urban growth areas; or
AMC Title 10 Revisions – 2-17-10
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(3) An urban growth area identified by the Washington Department of Transportation
as listed in WAC 468-63-020(2)(b).
(c) "Alternative mode" means any means of commute transportation other than that in which
the driver-alone motor vehicle is the dominant mode, including telecommuting and
compressed work weeks if they result in reducing commute trips.
(d) "Alternative work schedules" means work schedules that allow employees to work their
required hours outside of the traditional Monday to Friday, eight a.m. to five p.m. schedule,
such as compressed work weeks that eliminate work trips for affected employees.
(e) "Base year" means the twelve-month period, that commences when the city of Arlington
determines an employer is required to comply with the CTR law, on which goals for vehicle
miles traveled (VMT) per employee and proportion of single-occupant vehicle (drive-alone)
trips shall be based.
(f) "Base year survey" or "baseline measurement" means the survey, during the base year, of
employees at a major employer worksite to determine the drive-alone rate and vehicle miles
traveled per employee at the worksite. The jurisdiction uses this measurement to develop
commute trip reduction goals for the major employer. The baseline measurements must be
implemented in a manner that meets the requirements specified by the city.
(g) "Carpool" means a motor vehicle occupied by at least two persons traveling together for
their commute trip that result in the reduction of a minimum of one motor vehicle commute
trip.
(h) "City" means the city of Arlington.
(i) "Commute trip" means trips made from a worker's home to a worksite during the peak
period of six a.m. to nine a.m. (inclusive) on weekdays.
(j) "Commute Trip Reduction (CTR) Plan" means the city's plan and ordinance to regulate and
administer the CTR programs of major employers within its jurisdiction.
(k) “CTR commuter” means a resident or employee in an affected urban growth area who is
participating in the city’s commute trip reduction program, including any growth and
transportation and efficiency center programs, implemented to meet Arlington’s established
targets.
(l) “CTR Program” means an employer’s strategies to reduce affected employees’ drive alone
use and VMT per employee.
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(m) “CTR law” means the Commute Trip Reduction law passed by the Washington State
legislature in 1991 (Chapter 202, Laws of 1991) and codified in RCW 70.94.521 through
70.94.551, and amended in 1997 and 2006 requiring counties of over one hundred fifty
thousand residents, with one or more major employers, to implement a CTR ordinance and
plan. All cities in such counties with one or more major employers are also required to adopt
CTR ordinances and plans.
(n) "Commute trip vehicle miles traveled per employee (VMT)" means the sum of the individual
commute trip lengths in miles over a set period divided by the number of full-time employees.
(o) "Commuter matching service" means a system that assists in matching commuters for the
purpose of commuting together.
(p) "Compressed work week" means an alternative work schedule, in accordance with employer
policy, that regularly allows a full-time employee to eliminate at least one work day every two
weeks by working longer hours during the remaining days, resulting in fewer commute trips by
the employee. This definition is primarily intended to include weekly and bi-weekly
arrangements, the most typical being four ten-hour days or eighty hours in nine days, but may
also include other arrangements.
(q) "Custom bus pool" means a commuter bus service arranged specifically to transport
employees to work.
(r) "Dominant mode" means the mode of travel used for the greatest distance of a commute
trip.
(s) "Drive-alone" means single-occupant vehicle.
(t) “Employer” means a sole proprietorship, partnership, corporation, unincorporated
association, cooperative, joint venture, agency, department, district or other individual or
entity, whether public, nonprofit, or private, that employs workers.
(u) "Employee transportation coordinator (ETC)" means a person who is designated as
responsible for the development, implementation, and monitoring of an employer's CTR
program.
(v) "Exemption" means a waiver from any or all CTR program requirements granted to an
employer by the city based on unique conditions that apply to the employer or employment
site.
(w) "Flex-time" is an employer policy allowing individual employees some flexibility in choosing
the time, but not the number, of their working hours to facilitate the use of alternative modes.
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(x) "Full-time employee" means a person other than an independent contractor, scheduled to
be employed on a continuous basis for fifty-two weeks for an average of at least thirty-five
hours a week.
(y) "Goal" means a purpose toward which efforts are directed.
(z) "Good faith effort" means that an major employer has met the minimum requirements
identified in this chapter and is working in collaboration with the city and Snohomish County to
continue its existing program or is developing and implementing program modifications likely
to result in improvements to its CTR program over an agreed-upon length of time.
(aa) "Growth and transportation efficiency center (GTEC)" means a defined, compact, mixed-
use urban center that contains jobs or housing and supports multiple modes of transportation.
For the purpose of funding, a GTEC must meet minimum criteria established by the CTR Board
under RCW 70.04.537, and must be certified by a regional transportation planning organization
as established in RCW 47.80.020.
(bb) "Implementation" means active pursuit by an employer of the CTR goals of RCW
70.94.521-551 and this chapter as evidenced by appointment of a transportation coordinator,
distribution of information to employees regarding alternatives to drive-alone commuting, and
commencement of other measures according to its approved CTR program and schedule.
(cc) "Jurisdiction's base year measurement" means the proportion of drive-alone vehicle
commute trips by CTR commuters and commute trip vehicle miles traveled per CTR commuter
on which commute trip reduction targets for the city shall be based. The city's base year
measurement shall be determined based on employee surveys administered in the 2006-2007
survey cycle. If complete employee survey data from the 2006-2007 survey cycle is not
available, then the base year measurement shall be calculated from the most recent and
available set of complete employee survey data.
(dd) “Major Employer” means a private or public employer, including state agencies, that
employs one hundred or more full-time employees at a major worksite who are scheduled to
begin their regular work day between 6 a.m. and 9 a.m. (inclusive) on two or more weekdays
for at least twelve continuous months. Construction worksites, when the expected duration of
the construction is less than two years, are excluded from this definition. (Also see definition of
employer.)
(ee) “Major Worksite” means a building or group of buildings that are on physically contiguous
parcels of land or on parcels of land separated solely by private or public roadways or rights-of-
way, and at which there are one hundred or more full-time employees, who begin their regular
workday between 6:00 a.m. and 9:00 a.m. on weekdays, for at least twelve continuous months.
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(ff) "Mode" means the means of transportation used by employees, such as drive-alone motor
vehicle, rideshare vehicle (carpool, vanpool), transit, ferry, bicycle, walking, compressed work
schedule and telecommuting.
(gg) "Notice" means written communication delivered via the United States Postal Service with
receipt deemed accepted three days following the day on which the notice was deposited with
the postal service unless the third day falls on a weekend or legal holiday, in which case the
notice is deemed accepted the day after the weekend or legal holiday.
(hh) "Peak period trip" means any employee trip that delivers the employee to begin his or her
regular work day between 6 a.m. and 9 a.m. Monday through Friday, except legal holidays.
(ii) "Person hours of delay" means the daily person hours of delay per mile the peak period of 6
a.m. to 9 a.m., as calculated using the best available methodology by the Washington State
Department of Transportation.
(jj)"Proportion of single-occupant vehicle trips" or "drive-alone rate" means the number of
commute trips made by single-occupant automobiles divided by the number of full-time
employees.
(kk) "Single-occupant vehicle (drive-alone)" means a motor vehicle occupied by one employee
for commute purposes, including a motorcycle. If there are other passengers occupying the
motor vehicle, but the ages of these passengers are sixteen or under, the motor vehicle is still
considered a "single-occupant vehicle" for measurement purposes.
(ll) "Target" means a quantifiable or measurable value that is expressed as a desired level of
performance, against which actual achievement can be compared in order to assess progress.
(mm) "Telecommuting" means the use of telephones, computers, or other similar technology to
permit an employee to work from home, eliminating a commute trip, or to work from a work
place closer to home, reducing the distance traveled in a commute trip by at least half.
(nn) "Transit" means a multiple-occupant vehicle operated on a for-hire, shared-ride basis,
including bus, ferry, rail, shared-ride taxi, shuttle bus, or vanpool. A transit trip counts as zero
vehicle trips.
(oo) "Transportation demand management (TDM)" means a broad range of strategies that are
primarily intended to reduce and reshape demand on the transportation system.
(pp) "Transportation management organization (TMO)" means a group of employers or an
association representing a group of employers in a defined geographic area. A TMO may
represent employers within specific city limits, or may have a sphere of influence that extends
beyond city limits.
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(qq) "Vanpool" means a vehicle occupied by from five to fifteen people traveling together for
their commute trip that results in the reduction of a minimum of one motor vehicle trip. A
vanpool trip counts as zero vehicle trips.
(rr) "Voluntary employer worksite" means the physical location occupied by an employer who is
voluntarily implementing a CTR program.
(ss) "Week" means a seven-day calendar period, starting on Monday and continuing through
Sunday.
(tt) "Writing," "written" or "in writing" means original signed and dated documents. Facsimile
(fax) transmissions are a temporary notice of action that must be followed by the original
signed and dated document via mail or delivery.
10.80.020 Arlington CTR plan.
The most recently adopted Arlington CTR plan is wholly incorporated herein by reference. A
true copy of the CTR plan shall be maintained in the office of the city clerk for inspection by the
public.
10.80.030 Responsible city official.
The city administrator, or his or her designee, shall be responsible for implementing this
chapter, the CTR plan, and the city CTR program. The city administrator or his or her designee
shall also have all authority necessary to carry out such responsibilities, including but not
limited to, the promulgation of necessary rules or regulations and all necessary administrative
decisions required to implement the CTR plan.
10.80.040 Applicability.
The provisions of this chapter shall apply to any major employer at any single worksite within
the corporate limits of the city.
10.80.050 Notification of applicability.
(a) In addition to the city's established public notification of adoption of an ordinance, a notice
of availability of summary of the ordinance codified in this chapter, a notice of the
requirements and criteria for major employers to comply with said ordinance, and subsequent
revisions shall be published at least once in the city's official newspaper not more than thirty
days after passage of this chapter or revisions.
(b) Major employers located within the city are to receive written notification that they are
subject to the ordinance codified in this chapter. Such notice shall be addressed to the
company's chief executive officer, senior official, or CTR manager at the worksite. Such
notification shall provide ninety days for the major employer to perform a baseline survey.
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After the results of the baseline survey are provided to the major employer, they have ninety
days to submit a CTR program to the city.
(c) Major employers that, for whatever reason, do not receive notice within thirty days of
passage of the ordinance codified in this chapter and are either notified or identify themselves
to the city within ninety days of the passage of said ordinance will be granted an extension to
assure up to ninety days within which to perform a baseline survey. After the results of the
baseline survey are provided to the major employer, they have ninety days to develop and
submit a CTR program to the city.
(d) Major employers that have not been identified or do not identify themselves within ninety
days of the passage of said ordinance, do not complete a baseline survey within ninety days, or
submit a CTR program within one hundred eighty days are in violation of this chapter.
(e) If a major employer has already performed a baseline survey, the major employer or
voluntary worksite is not required to perform another survey and is required to submit a CTR
plan to the city within ninety days.
10.80.060 Applicability to new major employers.
(a) Employers that meet the definition of "major employer" in this chapter must identify
themselves to the city within ninety days of either moving into the boundaries of the city or
growing in employment at a worksite to one hundred or more affected employees. Such
employers shall be given ninety days to complete a baseline survey and an additional ninety
days to submit a CTR program once the baseline survey results are given to the employer. The
CTR program will be developed in consultation with the city and implemented not more than
ninety days after the programs approval.
(b)Employers that do not identify themselves within ninety days are in violation of this chapter.
(c) New major employers shall have four years to meet the CTR program goals of a ten percent
reduction in drive alone trips and a thirteen percent reduction in vehicle miles traveled.
10.80.070 Change in status as a major employer.
Any of the following changes in an employer's status will change the employer's CTR program
requirements:
(a) If an employer initially designated as a major employer no longer employs one hundred or
more affected employees and expects not to employ one hundred or more affected employees
for the next twelve months, that employer is no longer a major employer. It is the responsibility
of the employer to notify the city that it is no longer a major employer.
(b) If the same employer returns to the level of one hundred or more affected employees
within the same twelve months, that employer will be considered a major employer for the
AMC Title 10 Revisions – 2-17-10
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entire twelve months, and will be subject to the same program requirements as other major
employers.
(c) If the same employer returns to the level of one hundred or more affected employees
twelve or more months after its change in status to an unaffected employer, that employer
shall be treated as a new major employer, and will be subject to the same program
requirements as other new major employers.
10.80.080 Employer requirements.
A major employer is required to make a good faith effort, as defined in RCW 70.94.534(2) and
this chapter, to develop and implement a CTR program that will encourage its employees to
reduce VMT per employee and drive-alone commute trips. The employer shall submit a
description of its program to the city and provide an annual progress report to the city on
employee commuting and progress toward meeting the drive-alone and VMT goals. The CTR
program must include the mandatory elements as described below.
(a) CTR Program Description Requirements. The CTR program description presents the
strategies to the undertaken by an employer to achieve the commute trip reduction goals.
Employers are encouraged to consider innovative strategies and combine program elements in
a manner that will best suit their location, site characteristics, business type, and employees'
commuting needs. Employers are further encouraged to cooperate with each other and to form
or use transportation management organizations in developing and implementing CTR
programs. At a minimum, the employer's description must include:
(1) general description of the employment site location, transportations characteristics, and
surrounding services, including unique conditions experienced by the employer or its
employees;
(2) number of employees affected by the CTR program;
(3) documentation of compliance with the mandatory CTR program elements (as described in
subsection (b) of this section);
(4) description of the additional elements included in the CTR program (as described in
subsection (b) of this section) and
(5) schedules of implementation, assignment of responsibilities, and commitment to provide
appropriate resources.
(b2) Mandatory Program Elements. Each employer's CTR program shall include the following
mandatory elements:
(1) Transportation Coordinator. The employer shall designate a transportation coordinator to
administer the CTR program. The coordinator's and/or designee's name, location and telephone
number must be displayed prominently at each affected worksite. The coordinator shall
oversee all elements of the employer's CTR program and act as liaison between the employer
and the city. Newly designated ETCs shall attend a training class organized by the city within six
months of being designated an ETC. All designated ETCs shall attend annual ETC training and a
minimum of six (6) hours of other training or network meetings annually, or as organized by the
AMC Title 10 Revisions – 2-17-10
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city. The objective is to have an effective transportation coordinator presence at each worksite;
a major employer with multiple sites may have one transportation coordinator for all sites.
(2) Information Distribution. Information about alternatives to drive-alone commuting shall be
provided to employees at least twice a year. Each employer's program description and annual
report must report the information to be distributed and the method of distribution.
(3) Annual Progress Report. The CTR program must include an annual review of employee
commuting and of progress and good faith efforts towards meeting the drive-alone reduction
goals. Major employers shall file an annual progress report with the city in accordance with the
format established by this chapter and consistent with the CTR task force guidelines. The report
shall describe each of the CTR measures that were in effect for the previous year, the results of
any commuter surveys undertaken during the year, and the number of employees participating
in the CTR programs. Within the report the employer should evaluate the effectiveness of the
CTR program and, if necessary, propose modifications to achieve the CTR goals.
(4) Biannual survey or measurement. In addition to the specific program baseline
measurement, employers shall conduct a program evaluation as a means of determining
worksite progress toward meeting CTR goals. As part of the program evaluation, the employer
shall distribute and collect Commute Trip Reduction Program Employee Questionnaires
(surveys) at least once every two years, and achieve a seventy percent response rate from
employees at the worksite.
(5) Additional Program Elements. In addition to the specific program elements described
above, the employer's CTR program shall include additional elements needed to meet CTR
goals. Elements may include, but are not limited to, one or more of the following:
(A) Provision of the preferential parking or reduced parking charges, or both, for high-
occupancy vehicles;
(B) Instituting or increasing parking charges for drive-alones:
(C) Provision of commuter ride matching service to facilitate employee ride-sharing for
commute trips;
(D) Provision of subsidies for transit fares;
(E) Provision of vans for vanpools;
(F) Provision of subsidies for carpools or vanpools;
(G) Permitting the use of the employers' vehicles for carpooling or vanpooling;
(H) Permitting the use of the employers' vehicles for carpooling or vanpooling;
(I) Cooperation with transportation providers to provide additional regular or express service
to the worksite;
(J) Construction of special loading and unloading facilities for transit, carpool, and vanpool
users;
(K) Provision of bicycle parking facilities, lockers, changing areas, and showers for employees
who bicycle or walk to work;
(L) Provision of a program of parking incentives such as a rebate for employees who do not use
the parking facilities;
AMC Title 10 Revisions – 2-17-10
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(M) Establishment of a program to permit employees to work part-time or full-time at home
or at an alternative worksite closer to their homes;
(N) Establishment of a program of alternative work schedules, such as a compressed work
week which reduce commuting; and
(O) Implementation of other measures designed to facilitate the use of high-occupancy
vehicles, such as on-site day care facilities and emergency taxi services.
10.80.090 Recordkeeping.
Major employers shall include a list of the records they will keep as part of the CTR program
they submit to the city for approval. Employers will maintain all records listed in their CTR
program for a minimum of forty-eight months. The city and the employer shall agree on the
recordkeeping requirements as part of the accepted CTR program.
10.80.100 Schedule and process for CTR reports.
(a) Document Review. The city shall provide the employer with written notification if a CTR
program is deemed unacceptable. The notification must give cause for any rejection. If the
employer receives no written notification of extension of the review period for the CTR
program or comment on the CTR program or annual report within ninety days of submission,
the employer's program or annual report is deemed accepted. The city may extend the review
period up to ninety days. The implementation date for the employer's CTR program will be
extended an equivalent number of days.
(b) CTR Annual Progress Reports. Upon review of an employer's initial CTR program, the city
shall establish the employer's annual reporting date, which shall not be less than twelve
months from the day the program is submitted. Each year on the employer's reporting date,
the employer shall submit to the city its annual CTR report.
(c) Modification of CTR Program Elements. Any major employer may submit a request to the
city for the modification of CTR program elements, other than the mandatory elements
specified in this chapter, including recordkeeping requirements. Such requests may be granted
if one of the following conditions exist:
(1) The employer can demonstrate it would be unable to comply with the CTR program
elements for reasons beyond the control of the employer; or
(2) The employer can demonstrate that compliance with the program elements would
constitute an undue hardship. (d) Extensions. An employer may request additional time to
submit a CTR program or CTR annual progress report, or to implement or modify a program.
Such requests shall be via written notice at least thirty days before the due date for which the
extension is being requested. Extensions not to exceed ninety days shall be considered for
reasonable causes. The city shall grant or deny the employer's extension request in writing
within ten working days of its receipt of the extension request. If there is no response issued to
the employer, and extension is automatically granted for thirty days. Extensions shall not
exempt an employer from any responsibility in meeting program goals. Extensions granted due
to delays or difficulties with any program element(s) shall not be cause for discontinuing or
failing to implement other program elements. An employer's annual reporting date shall not be
AMC Title 10 Revisions – 2-17-10
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adjusted permanently as a result of these extensions. An employer's annual reporting date may
be extended at the discretion of the city administrator or his or her designee.
(e) Implementation of Employer's CTR Program. Unless extensions are granted, the employer
shall implement its approved CTR program not more than ninety days after receiving written
notice from the city that the program has been approved or within the expiration of the
program review period without receiving notice from the city.
10.80.120 Enforcement.
(a) Compliance. For purposes of this section, compliance means fully implementing in good
faith all provisions in an accepted CTR program.
(b) Program Modification Criteria. The following criteria for achieving goals for VMT per
employee and proportion of drive-alone trips shall be applied in determining requirements for
employer CTR program modifications:
(1) If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this chapter,
and meets either or both goals, the employer has satisfied the objectives of the CTR plan and
will not be required to modify its CTR program;
(2) If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this chapter,
but has not met or is not likely to meet the applicable drive-alone or VMT goal, the city shall
work collaboratively with the employer to make modifications to its CTR program. After
agreeing on modifications, the employer shall submit a revised CTR program description to the
city for approval within thirty days of reaching agreement.
(3) If an employer fails to make a good faith effort as defined in RCW 70.94.534(2) and this
chapter, and fails to meet the applicable drive-alone or VMT reduction goal, the city shall work
collaboratively with the employer to identify modifications to the CTR program and shall direct
the employer to revise its program within thirty days to incorporate the modifications. In
response to the recommended modifications, the employer shall submit a revised CTR program
description, including the requested modifications or equivalent measures, within thirty days of
receiving written notice to revise its program. The city shall review the revisions and notify the
employer of acceptance or rejection of the revised program. If a revised program is not
accepted, the city will send written notice to that effect to the employer within thirty days and,
if necessary, require the employer to attend a conference with program review staff for the
purpose of reaching a consensus on the required program. A final decision on the required
program will be issued in writing by the city within ten working days of the conference.
(c) Violations. The following constitute violations if the deadlines established in this chapter
are not met:
(1) Failure to perform a baseline measurement within ninety days of written notification from
the city that an employer qualifies as a major employer;
(2) Failure to develop and/or submit on time a complete CTR program;
(3) Failure to implement an approved CTR program, unless the program elements that are
carried out can be shown through quantifiable evidence to meet or exceed VMT and drive-
alone goals as specified in this chapter;
(4) Failure to make a good faith effort, as defined in RCW 70.94.534 and this chapter;
(5) Failure to revise a CTR program as defined in RCW 70.94.434(4) and this chapter;
AMC Title 10 Revisions – 2-17-10
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(6) Submission of false or fraudulent data in response to survey requirements.
(d) Penalties.
(1) No major employer with an approved CTR program which has made a good faith effort may
be held liable for failure to reach the applicable drive-alone or VMT goal;
(2) Each day of failure to implement the program shall constitute a separate violation, subject
to penalties as described in RCW Chapter 7.80;
(3) A major employer shall not be liable for civil penalties if failure to implement an element of
CTR program was the result of inability to reach agreement with a certified collective bargaining
agent under applicable laws where the issue was raised by the employer and pursued in good
faith. Unionized employers shall be presumed to act in good faith compliance if they:
(A) Propose to a recognized union any provision of the employer's CTR program that is subject
to bargaining as defined by the National Labor Relations Act, and
(B) Advise the union of the existence of the statute and the mandates of the CTR program
approved by the city and advise the union that the proposal being made is necessary for
compliance with state law (RCW 70.94.534).
10.80.130 Exemptions or goal modifications.
(a) Worksite Exemptions. A major employer may request the city to grant an exemption from
all CTR program requirements or penalties for a particular worksite. The employer must
demonstrate that it would experience undue hardship in complying with the requirements of
the ordinance as a result of the characteristics of its business, its work force, or its location(s).
An exemption may be granted if and only if the major employer demonstrates that it faces
extraordinary circumstance, such as bankruptcy, and is unable to implement any measures that
would reduce the proportion of drive-alone trips and VMT per employee. Exemptions may be
granted by the city during the annual program review process. The city shall review annually all
employers receiving exemptions and shall determine whether the exemption will be in effect
during the following program year.
(b) Employee Exemptions. Specific employees or groups of employees who are required to
drive alone to work as a condition of employment may be exempted from a work site’s CTR
program. Exemptions may also be granted for employees who work variable shifts throughout
the year and who do not rotate as a group to identical shifts. The city will use the criteria
identified in the CTR Board Guidelines to assess the validity of employee exemption requests.
The city shall review annually all employee exemption requests, and shall determine whether
the exemption will be in effect during the following program year. The city shall respond to
exemption requests within thirty days of the receipt of the request.
(c) Modification of CTR Program Goals. An employer may request a modification of CTR
program goals under the following conditions:
(1) Prior to implementation, a major employer may request from the city a modification of
program goals. Such requests shall be filed in writing at least sixty days prior to the date the
work site is required to submit its program description or annual report. The goal modification
request must clearly explain why the worksite is unable to achieve the applicable goal. The
worksite must also demonstrate that it has implemented all of the elements contained in its
AMC Title 10 Revisions – 2-17-10
19
approved CTR program. Requests for CTR program goal modifications will be considered if the
following conditions exist:
(A) The employer can demonstrate it would be unable to comply with the CTR program
elements for reasons beyond the control of the employer;
(B) The employer can demonstrate that compliance with the program elements would
constitute an undue hardship; or
(C) The employer can demonstrate a significant change in local service or the transportation
infrastructure that impacts the effectiveness of their adopted CTR program, or will increase the
effectiveness of other program elements.
(2) The city will review and grant or deny requests for goal modification in accordance with
procedures and criteria identified in the CTR Board Guidelines. An employer may not request a
modification of the applicable goals until one year after the city’s approval of its initial program
description or annual report. The city shall respond to requests for goal modifications within
thirty days of the receipt of the request.
10.80.140 Appeals.
Any major employer may appeal administrative decisions regarding exemptions, modification
of goals, modification of CTR program elements, and determinations regarding violations. The
appeal must be filed with the city clerk not later than ten days following the date of the
administrative decision. The appeal must be in writing and state in a clear and concise manner
the specific exceptions and objections to the administrative decision. At the time of filing the
appeal, a fee in the amount of one hundred dollars must be paid to the city. Appeals shall be
heard by a hearing examiner appointed by the city. Substantial weight shall be given to the
administrative decision and the burden of establishing error shall be upon the appealing party.
In reviewing the appeal, the hearing examiner shall determine whether the administrative
decision is consistent with the provisions of this chapter, including the city CTR plan. The
hearing examiner shall have authority to affirm, modify, reverse or remand the administrative
decision or to grant other appropriate relief. The decision of the hearing examiner shall
constitute a final decision appealable to the city council.
AMC Title 10 Revisions – 2-17-10
20
Chapter 10.84 REVISIONS--GENERAL
Sections:
10.84.010 Repeal.
10.84.020 Model Traffic Ordinance adopted.
10.84.030 Deletions.
10.84.040 Amendments.
10.84.050 Speed limits.
10.84.060 Impoundment of vehicles driven by suspended/revoked drivers.
10.84.070 Holding vehicles impounded.
10.84.080 Redemption of impounded vehicles.
10.84.090 Contesting impoundment or towing and storage charges.
10.84.100 Application to airport.
10.84.110 Skateboards--Riding on sidewalk.
10.84.120 Definitions.
10.84.130 Duty to obey traffic-control devices and rules of the road.
10.84.140 Unsafe use prohibited.
10.84.150 Prohibited areas and times.
10.84.160 Requirements for operating motorized foot scooters.
10.84.170 Violation--Penalty.
10.84.180 Forfeiture of a bicycle, skate(s) or motorized foot scooter.
10.84.010 Repeal.
The following chapters or sections of the Arlington Municipal Code are hereby repealed as of
the effective date of the ordinance codified in this chapter:
Chapter 10.04
Chapter 10.08
Chapter 10.12
Chapter 10.16
Chapter 10.20
Chapter 10.24
Chapter 10.28
Chapter 10.32
Chapter 10.36
Chapter 10.40
Chapter 10.44
Chapter 10.48
Section 10.54.050
Chapter 10.58
Chapter 10.60
Chapter 10.64
Chapter 10.68
AMC Title 10 Revisions – 2-17-10
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Chapter 10.69
Chapter 10.72.
(Ord. 1288 §1, 2002).
10.84.020 Model Traffic Ordinance adopted.
The "Washington Model Traffic Ordinance," Chapter 308-330 of the Washington Administrative
Code, hereinafter referred to as the "MTO" is adopted by reference as if fully set forth, except
as provided by other sections of this chapter, as the traffic ordinance for the city of Arlington.
(Ord. 1288 §1, 2002).
10.84.030 Deletions.
The following sections of the MTO are not adopted by reference and are expressly deleted:
WAC 308-330-210, 308-330-215, 308-330-225, 308-330-230, 308-330-235, 308-330-240, 308-
330-245, 308-330-250, 308-330-255 and 308-330-500 through 308-330-540.
(Ord. 1288 §1, 2002).
10.84.040 Amendments.
(a) MTO Section 308-330-275 is amended to delete a representative of the city attorney's
office as a member of the traffic safety commission.
(b) MTO Section 308-330-100 is amended to delete the definition of "highway" set out therein
and to substitute in its place the following definition of "highway":
For the purposes of this title, "highway" means the entire width between the boundary lines of
every way, lane, road, street, boulevard, parking lot and every location or place in the city
whether publicly or privately maintained, when any part is open at any time to the use of the
public for vehicular travel.
(Ord. 1288 §1, 2002).
10.84.050 Speed limits.
The adoption of the MTO will not be deemed to affect speed limits established by prior
ordinances.
(Ord. 1288 §1, 2002).
10.84.060 Impoundment of vehicles driven by suspended/revoked drivers.
Pursuant to the authority of RCW 46.55.113, whenever the driver of a vehicle is arrested for
violation of RCW 46.20.342 (Driving while license suspended or revoked (DWLS/DWLR)) or
46.20.420 (Operation of vehicle under other license or permit prohibited while license
suspended or revoked) the vehicle is subject to impoundment at the business location of a
registered tow truck operator at the direction of the city police chief or one of his officers.
(Ord. 1288 §1, 2002).
10.84.070 Holding vehicles impounded.
(a) DWLS/DWLR First Degree or Second Degree. When a vehicle is impounded because the
operator is in violation of RCW 46.20.342(1)(a) or (b) (DWLS/DWLR First or Second Degree), the
AMC Title 10 Revisions – 2-17-10
22
vehicle will be held, at the written direction of the city police chief or one of his officers, in
impound before it may be redeemed for:
Seventy-two hours when the Department of Licensing's records show that the operator has no
prior conviction of RCW 46.20.342(1)(a) or (b) or a similar local ordinance within the past five
years; Ten days when the Department of Licensing's records show that the operator has been
convicted once of RCW 46.20.342(1)(a) or (b) or a similar local ordinance within the past five
years; and
Thirty days when the Department of Licensing's records show that the operator has been
convicted two or more times of RCW 46.20.342(1)(a) or (b) or a similar local ordinance within
the past five years.
(b) DWLS/DWLR Third Degree. When a vehicle is impounded because the operator is in
violation of RCW 46.20.342(1)(c) (DWLS/DWLR Third Degree), the vehicle will be held, at the
written direction of the city police chief or one of his officers, in impound before it may be
redeemed, as follows:
The city will issue an immediate written order of release of the vehicle from impound upon
compliance with the provisions of Section 10.84.080(1) and (2) when the Department of
Licensing's records show that the operator has no prior convictions of RCW 46.20.342(1)(a), (b),
or (c) or a similar local ordinance within the past five years; and
Seventy-two hours when the Department of Licensing's records show that the operator has one
or more convictions of RCW 46.20.342(1)(a), (b) or (c) or a similar local ordinance within the
past five years.
(c) Hardship Release. The city police chief or one of his officers may issue a written order to
release the vehicle from impound before the expiration of the impound period on the basis of
economic or personal hardship to the spouse of the operator, taking into consideration public
safety factors, including the operator's criminal history and driving record.
(Ord. 1288 §1, 2002).
10.84.080 Redemption of impounded vehicles.
Vehicles impounded pursuant to Section 10.84.060 may be redeemed, after being held for the
requisite number of days in impound under Section 10.84.070, upon the following conditions:
(1) The person redeeming the vehicle is an eligible person to redeem the vehicle under RCW
46.55.120(1)(a) and pays all towing, removal, and storage fees in commercially reasonable
tender as provided in RCW 46.55.120(1)(b); and
(2) When the vehicle was impounded because the operator was in violation of RCW 46.20.342
and the operator is the registered owner, such registered owner establishes with the city that
all penalties, fines, or forfeitures owed by him or her for traffic violations have been paid in full;
and
(3) Issuance of a written order from the city police chief or one of his officers directing release
of the impounded vehicle.
(Ord. 1288 §1, 2002).
10.84.090 Contesting impoundment or towing and storage charges.
AMC Title 10 Revisions – 2-17-10
23
(a) Any person seeking to redeem a vehicle impounded under this chapter has a right pursuant
to the provisions of RCW 46.55.120(2)(b) to a hearing in the Arlington municipal court to
contest the validity of the impoundment or the amount of the towing and storage charges.
(b) The city police chief or one of his officers will appear and represent the city at the
impoundment validity hearing in the municipal court. The prosecuting attorney is not required
to represent the city at the hearing.
(Ord. 1288 §1, 2002).
10.84.100 Application to airport.
The provisions of this title will apply to all streets and roads located on the Arlington municipal
airport, except where more stringent regulations have been adopted by ordinance or by
regulation adopted by the Arlington airport commission, in which case the more stringent
regulations will apply.
(Ord. 1288 §1, 2002).
10.84.110 Skateboards--Riding on sidewalk.
(a) It is unlawful for any person to operate a skateboard, scooter, coaster, or similar device
either upon a public sidewalk or in any public place except the Centennial Trail within the
Central Business District zone as designated by the Unified Development Code.
(b) Any person riding a skateboard, scooter, coaster or similar device upon a public sidewalk
will yield the right-of-way to any pedestrian.
(c) Violation of any provision of this section is a traffic infraction.
(Ord. 1288 §1, 2002).
10.84.120 Definitions.
For purposes of Sections 10.84.110 through 10.84.180 of this chapter, the following words and
phrases shall have the meanings respectively ascribed to them in this section:
"Helmet" means a protective covering for the head consisting of a hard outer shell, padding
adjacent to and inside the outer shell, and a neck or chin strap type retention system, with a
label required by the Federal Consumer Products Safety Commission as adopted by the Code of
Federal Regulations 16CFR1203.
"In-line skates" has its ordinary meaning and means a pair of shoes or boots, mounted upon
three or more sets of wheels located one behind the other under the attached shoe or boot,
and is most often propelled by the user in an upright, standing position. "Motorized wheeled
transportation device" means any device which has no more than two wheels, is propelled by
an electric or liquid fuel motor, and is intended to transport a person on or across land. A
motorized wheeled transportation device shall include, but shall not be limited to, a "motorized
foot scooter" as that term is defined in Section 46.04.336 of the Revised Code of Washington
("RCW"), and any electric or gas powered scooter, power board, motor powered skateboard,
miniature motorcycle, pocket bike, or miniature chopper, regardless of the manner in which the
device is designed; provided, that a motorized wheeled transportation device shall not include
any of the following as defined in the referenced RCW:
(1) Electric-assisted bicycle - RCW 46.04.169;
AMC Title 10 Revisions – 2-17-10
24
(2) Electric personal assistive mobility device - RCW 46.04.1695;
(3) Moped - RCW 46.04.304;
(4) Motorcycle - RCW 46.04.330;
(5) Motor-driven cycle - RCW 46.04.332;
(6) Power wheelchair - RCW 46.04.415;
(7) Wheelchair conveyance - RCW 46.04.710.
"Roller skates" has its ordinary meaning and means a pair of shoes, mounted upon two sets of
wheels, and is most often propelled by the user in an upright, standing position or kneeling.
"Scooters" has its ordinary meaning and means a footboard mounted upon two or more wheels
and controlled by an upright steering handle. This device is propelled by the user in usually an
upright position.
"Skateboard" has its ordinary meaning and means a footboard mounted upon four or more
wheels and is usually propelled by the user who sometimes stands, sits, kneels or lies upon the
device while it is in motion.
"To operate in a negligent manner" means the operation of one or more of the above-
described devices in such a manner as to endanger or likely to endanger any person or
property. Examples of operating in a negligent manner include, but are not limited to, failure to
obey all traffic-control devices, or failure to yield right-of-way to pedestrians and/or vehicular
traffic, or any other operation which would constitute a violation of the rules of the road,
Chapter 46.61 RCW, if said operation had been made in a motor vehicle.
(Ord. 1347 §1, 2004: Ord. 1324 §2, 2004).
10.84.130 Duty to obey traffic-control devices and rules of the road.
Any person operating a skateboard, roller skates, scooter, bicycle, in-line skates, motorized foot
scooter, or similar device shall obey all rules of the road applicable to vehicular or pedestrian
traffic, as well as the instructions of official traffic-control signals, signs and other control
devices applicable to vehicles, unless otherwise directed by a police officer.
(Ord. 1324 §3, 2004).
10.84.140 Unsafe use prohibited.
No skateboard, roller skates, coaster, in-line skates, motorized foot scooter, or similar device
shall be operated in a negligent or unsafe manner but shall be operated with reasonable regard
for the safety of the operator and other persons.
(Ord. 1324 §4, 2004).
10.84.150 Prohibited areas and times.
(a) Motorized foot scooters may not be operated on sidewalks within the city limits, on any
city street with a posted maximum speed limit greater than twenty-five miles per hour unless
there is a designated bicycle lane, in all city parks, in any area posted as an environmentally
sensitive area, or on any public trail or any city-owned property that is posted with a sign
reading "No Motorized Vehicles."
(b) Motorized foot scooters may not be operated except during daylight hours, but in no event
later than seven p.m.
AMC Title 10 Revisions – 2-17-10
25
(c) Exceptions. This section shall not apply to any disabled person using a wheelchair
conveyance as defined in RCW 46.04.710.
(Ord. 1324 §5, 2004).
10.84.160 Requirements for operating motorized foot scooters.
(a) Minimum Age. No motorized foot scooter shall be operated on streets or other city-owned
property unless the operator is at least sixteen years of age.
(b) Equipment. The following equipment shall be required whenever a motorized foot scooter
is operated on streets or other public property within the city:
(1) Helmet Required. Any person operating a motorized foot scooter upon any city-owned
property or public street in the city of Arlington shall wear an approved helmet and shall have
either the neck or chin strap of the helmet fastened securely while the motorized foot scooter
is in motion.
(2) Motorized foot scooters must have an engine/motor kill switch that activates when
released or when the brakes are applied.
(3) The handlebars of a motorized foot scooter must be at or below the level of the operator's
shoulders.
(c) Prohibited Equipment Modifications. No person shall operate at any time on streets or
other city-owned property a motorized foot scooter which has been modified by installing a
high performance exhaust filter and carburetion kit or any modification of the air inflow system
for the purpose of or having the result of increasing the maximum speed of the motorized foot
scooter.
(d) No person shall transport another person on or in tow of a motorized foot scooter upon
any city-owned property or public street in the jurisdiction of the city of Arlington.
(e) The operator may not make a left turn at an intersection. The operator must stop and
dismount at the right hand side of the roadway or curb and then complete the turn by crossing
the roadway on foot.
(f) The operator may not park the motorized scooter on the sidewalk if it blocks the path of
the sidewalk.
(g) The operator may not attach himself or herself or the scooter to any other vehicle in the
roadway.
(Ord. 1324 §6, 2004).
10.84.170 Violation--Penalty.
(a) Any person violating any provision of this chapter shall be guilty of a traffic infraction and
shall be punished by the imposition of a monetary penalty of not more than one hundred
dollars, exclusive of other statutory assessments, provided, conduct that constitutes a criminal
traffic charge is subject to the maximum penalties allowed for such offenses.
(b) Alternative Penalty for Minor Children. In lieu of the penalty described above, any
Arlington police officer may, in their discretion, utilize the following penalty provision for
violations by minor children. For purposes of this section, the city council of the city of Arlington
hereby finds that there is a compelling governmental interest in imposing the following
discretionary penalty section for minor children, in order to encourage parental intervention
AMC Title 10 Revisions – 2-17-10
26
and responsibility for the violations of this chapter. The city further finds that impoundment is
more likely to prevent repeat offenses by minors than the imposition of monetary penalties.
(1) 1st offense: On the child's first offense in a three hundred sixty-five day period, the city
shall issue a written notice of violation and the investigating officer may take custody of the
bicycle, motorized foot scooter or skate(s) and hold the same for safekeeping until the child's
parent or guardian claims the bicycle motorized foot scooter or skate(s).
(2) 2nd and subsequent offense(s): On the child's second offense in a three hundred sixty-five
day period, the city shall include a civil fine, not to exceed one hundred dollars. The arresting
officer may take custody of the bicycle, skate(s) or motorized foot scooter and hold for
safekeeping for thirty days.
(c) An officer or their superior may waive any of these penalties for a minor offender if the
offender and their parent agree to participate in the Arlington Student Court Program and
abide by the program's conditions.
(Ord. 1324 §7, 2004).
10.84.180 Forfeiture of a bicycle, skate(s) or motorized foot scooter.
As authorized by Washington Administrative Code Section 308-330-565 and RCW Chapter
63.32, impounded bicycles, skates or motorized foot scooter may be forfeited to the police
department if unclaimed within sixty days of the impound.
(Ord. 1324 §8, 2004).
City of Arlington
Council Agenda Bill
AGENDA ITEM:
Workshop #9
ATTACHMENT I
COUNCIL MEETING DATE:
February 22, 2010
SUBJECT:
Joint Defense Agreement – authorizing the
Mayor to contract with Ogden Murphy
Wallace PLLC for limited legal
representation relating a refund request
from Verizon Northwest
DEPARTMENT OF ORIGIN:
Executive / Legal
Contact: Kristin Banfield / Steve Peiffle
ATTACHMENTS:
- Letter from Perkins Coie, dated 12/31/09, petitioning refund of city utility tax paid by
Verizon Northwest on its sales of DSL service
- Joint Defense Agreement
EXPENDITURES REQUESTED: Legal fees (undetermined at this time)
BUDGET CATEGORY: General Fund - Legal
LEGAL REVIEW:
City Attorney reviewed the Joint Defense
Agreement
DESCRIPTION:
The City of Arlington received a letter from Perkins Coie in early January petitioning for a
refund of city utility tax paid by Verizon Northwest on its sales of DSL service from January 1,
2005 through June 30, 2008. The City of Arlington was not the only City to receive such a letter.
To date there are approximately 15 cities that have indicated they received a similar letter and
are interested in collaborating on the refund claim and retaining joint counsel to review, analyze,
negotiate, and defend (if necessary) against the refund claim. To join this group of cities, the City
must execute the Joint Defense Agreement with Ogden Murphy Wallace, PLLC.
HISTORY:
N/A
ALTERNATIVES:
Do not authorize the Mayor to contract with Ogden Murphy Wallace, PLLC
RECOMMENDED MOTION:
No action at this time. Council will be requested to authorize the Mayor to contract with Ogden
Murphy Wallace PLLC for limited legal representation at the March 1, 2010 meeting.
{ERZ757860.DOC;1\00005.080018\ }
1 of 13
JOINT DEFENSE AGREEMENT
THIS JOINT DEFENSE AGREEMENT (the “Agreement”) is made by and
among the CITY OF BOTHELL, the CITY OF KIRKLAND, the CITY OF LAKE
STEVENS, the CITY OF MARYSVILLE the CITY OF MONROE, the CITY OF
MOUNTLAKE TERRACE, the CITY OF MUKILTEO, the CITY OF REDMOND, the
CITY OF SNOHOMISH, the CITY OF STANWOOD, and the CITY OF
WOODINVILLE and is dated and effective as of the date the second city signs below.
RECITALS
1. The Parties and their respective counsel believe that the Parties share
common legal interests in connection with the claims asserted by Verizon Northwest Inc.
(“VZNW”) for a refund of the city utility tax paid by VZNW on its sales of digital
subscriber line service during the period of January 1, 2005 through June 30, 2008
(“Refund Claim”).
2. The Parties and their respective counsel desire to enter this Agreement for
the purpose of expressing their intent to jointly collaborate, share information, negotiate
and defend against the Refund Claim and any litigation arising there from.
3. The Parties desire to coordinate their efforts and retain joint counsel to
review, analyze, negotiate and defend, if necessary, against the Refund Claim.
NOW, THEREFORE, in consideration of the promises set forth below, the Parties
agree as follows:
AGREEMENT
1. Definitions.
a. “Party” or “Parties.” Each party that signs this Agreement is
referred to herein as a “Party,” or as one of the “Parties,” as long as
that Party has not terminated participation in the joint defense
effort pursuant to Section 13.
b. “Joint Defense Participant” or “Joint Defense Participants.”
The Parties’ respective employees, officers, agents, insurers,
representatives, attorneys, consultants and expert witnesses who
participate in any way in this matter are referred to herein as the
“Joint Defense Participants,” or as a “Joint Defense Participant”
for a particular Party.
c. “Third Party” or “Third Parties.” Any person or entity, except
the Joint Defense Participants, that has not signed this Agreement
is referred to herein as a “Third Party,” regardless of whether he,
she or it is involved in this matter. The term “Third Party” or
{ERZ757860.DOC;1\00005.080018\ }
2 of 13
“Third Parties” also includes any former Party after he, she or it
has terminated participation in the joint defense effort pursuant to
Section 13.
2. Common Interest in Defense and Applicability of Joint Defense
Doctrine. The Parties anticipate that the nature of the Refund Claim and their
relationships will present various common legal and factual issues, thus making it
advisable to engage in joint defense efforts as deemed appropriate by the Parties and their
attorneys. The Parties and their attorneys believe there is a mutuality of interest in
pursuing a common defense with respect to at least some, if not all, issues or claims
raised in the Refund Claim. In this regard, the Parties seek to enable both themselves and
their Joint Defense Participants to work together on common issues without waiving
applicable rules of privilege and confidentiality. It is the intent that such joint defense
efforts will benefit the Parties by making legal advice and representation in the Refund
Claim more effective and cost-efficient.
3. Retention of Ogden Murphy Wallace, PLLC. The Parties to this
Agreement wish to retain the services of Ogden Murphy Wallace, PLLC (“OMW”) to
jointly represent them in researching, analyzing, negotiating, and defending, if necessary,
against the Refund Claim. OMW shall perform such services according to the Hourly
Rate Schedule attached hereto as Exhibit A. OMW shall serve as the attorneys for the
Joint Defense Participants and shall zealously represent each and all Parties. All Parties
shall sign the Potential Conflict of Interest Waiver attached hereto as Exhibit B.
4. Individual Representation by OMW. Each Party may also
independently request certain services provided by OMW at the Party’s own cost. These
services may include individual analysis of a Party’s municipal tax code or analysis of
specific payments made by VZNW. Bills from OMW related to services performed at
the request of an individual Party shall be billed by OMW directly to the requesting
Party. Parties requesting individual services shall indemnify and hold harmless all other
Parties from any cost, claim or liability associated with such individual service by OMW.
5. Scope of and Basis for Confidentiality Agreement. It is the Parties’
intention and understanding that all of the following shall remain confidential and
protected from disclosure, discovery or production to any Third Party to the fullest extent
permitted by applicable law: (1) the fact that particular communications have been made
under this Agreement between any Parties or Joint Defense Participants; (2) the
information or materials so communicated; and (3) any part of any memoranda or other
material or work product containing or referring to such communications. The Parties
understand and agree that such communications, materials and work product are
generally protected by attorney-client privilege, the attorney work product doctrine
privilege, and the “joint defense doctrine” or “common interest” privilege recognized in
cases such as State v. Emmanuel, 42 Wn.2d 799, 814-16, 259 P.2d 845 (1953) (citing
Baldwin v. Commissioner, 125 F.2d 812 (9th Cir. 1942)); Waller v. Financial Corporation
of America, 828 F.2d 579, 583 (9th Cir. 1987); United States v. McPartlin, 595 F.2d 1321,
{ERZ757860.DOC;1\00005.080018\ }
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1336-37 (7th Cir. 1979); Hunydee v. United States, 355 F.2d 183 (9th Cir. 1965); and
Continental Oil Company v. United States, 330 F.2d 347 (9th Cir. 1964).
6. Agreement to Share Information or Materials. Although this
Agreement does not obligate the Parties to share any information with one another, to
further their respective mutual interests, the Parties agree that:
a. To the extent deemed appropriate and authorized by each Party’s
attorney, given the unique interests and concerns of his or her own
client, any Party or Joint Defense Participant may share and exchange
among other Parties and Joint Defense Participants: work product
materials, opinion work product and confidential attorney-client
communications relating to or facilitating the provision of legal advice.
(the “Joint Defense Information”). Joint Defense Information may be
disclosed verbally or in writing, electronic or otherwise, and may
include but not be limited to: witness statements, interview summaries,
legal memoranda or analyses, debriefing memoranda, factual
summaries, transcript digests, non-discoverable documents or
materials, legal strategies, mental impressions, intelligence,
confidences and other secrets for the limited and restricted purpose of
assisting the Parties’ counsel in protecting the rights and interests of
their respective clients; and
b. Each Party’s attorney may mark any materials exchanged pursuant to
this Agreement with the legend “CONFIDENTIAL AND
PRIVILEGED COMMUNICATION, PRODUCED PURSUANT
TO JOINT DEFENSE AND CONFIDENTIALITY AGREE-
MENT,” or a similar legend clearly denoting that the materials are
subject to this Agreement.
The Parties agree that all Joint Defense Information shared pursuant to this Agreement
shall be used solely in preparing their respective claims, defenses and, if applicable,
counterclaims to this Refund Claim. The Parties further intend and agree that no claim of
work product, opinion work product, attorney-client privilege or other privilege shall be
waived by reason of the joint disclosure of Joint Defense Information to another Party,
that Party’s counsel, or a Joint Defense Participant. All Joint Defense Information shall
be protected from discovery by the work product doctrine, attorney-client privilege,
common-interest privilege and the joint defense doctrine to the fullest extent of the law.
7. Non-Disclosure to Third Parties. No Joint Defense Information subject
to this Agreement, other than Joint Defense Information based solely upon a Party’s (or
Party’s counsel’s or a Party’s other Joint Defense Participants’) own privileged or
protected materials or communications, shall be disclosed to any Third Party without the
consent of the Parties to this Agreement except as follows:
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a. A Party that receives Joint Defense Information under this Agreement may
communicate the same to a Third Party, but only with the advance consent of
the attorney for the Party that contributed that information or material to the
joint defense effort; and
b. A Party or Joint Defense Participant that receives Joint Defense Information
under this Agreement may communicate the same if compelled to do so by a
court of competent jurisdiction. Each Party agrees that, if it receives any
summons, subpoena or similar process, or any request to disclose or produce
Joint Defense Information received under this Agreement, then it will
immediately notify all other Parties and provide not less than five (5) business
days’ notice before disclosure or production, to permit other Parties or their
counsel to intervene. If five (5) business days’ notice cannot be provided,
because of the return date of the process, then the Party upon which the
demand or request is made shall bring a motion to stay the proceedings so as
to provide at least five (5) business days’ notice to the other Parties. Each
Party shall instruct its Joint Defense Participants to follow this same notice
and motion procedure. PROVIDED, that the provisions of this subsection
6(b) shall not apply to requests for public records made pursuant to Chapter
42.56 RCW, which shall be governed exclusively by subsection 6(c).
c. The Parties expressly acknowledge that each Party is a public agency
governed by the Public Records Act (PRA) codified at Chapter 42.56 RCW.
Nothing in this Agreement shall be construed as abridging, limiting or altering
each Party’s legal rights and obligations as set forth in the PRA and any
controlling judicial precedent arising thereunder. Upon receipt of a request
for public records made pursuant to the PRA (“PRA request”) the scope of
which may encompass Joint Defense Information or other documents related
to the Refund Claim, a Party may notify the other Parties of such request and
of the first Party’s intended response thereto. However, notwithstanding any
other provision of this Agreement, the first Party shall have sole discretion in
determining the extent to which any such records shall be released in response
to a PRA request. No decision by the first Party in responding to a PRA
request shall form the basis for any claim or cause of action under this
Agreement.
8. Independently Obtained Information or Materials Not Protected by
this Agreement. This Agreement shall not restrict disclosure or production of
information or materials that were learned or obtained by a Party or its Joint Defense
Participants if they were learned or obtained in ways entirely independent of any joint
defense communications.
9. Sharing of Information Does Not Create Privilege for Facts that Are
Not Otherwise Privileged. The Parties recognize and agree that where facts or other
information or materials are not otherwise privileged from disclosure or production, they
shall not gain any privilege simply because they may be shared in a joint defense
{ERZ757860.DOC;1\00005.080018\ }
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communication. However, except as otherwise provided herein, this Agreement and the
joint defense, common interest, attorney-client and work product privileges do protect
against disclosure of (1) the fact that particular joint defense communications have been
made among any Parties or Joint Defense Participants, (2) the substance of any such
communications, and (3) any part of any memoranda or other materials or work product
that contains or refers to such joint defense communications.
10. Confidentiality of Joint Defense Information. Each Party and Joint
Defense Participant shall also take appropriate measures to maintain the confidentiality of
all Joint Defense Information. To the extent applicable, this Section 10 does not prohibit
a Party from sharing or discussing Joint Defense Information with employees, attorneys
and/or directors of a Party, provided that the individual receiving the Joint Defense
Information, as part of his or her responsibilities, is participating in the defense of the
sharing Party. The confidentiality obligations under this Agreement shall survive the
termination of the Agreement for any reason.
11. Not an Agreement to Violate any Law. This Agreement is in no way
intended to encourage or commit any violation of law, including but not limited to the
PRA, or any unlawful interference with any official proceeding. Each Party expressly
acknowledges and understands this.
12. Modification of Agreement—Addition of New Parties. This
Agreement may be modified only by all Parties signing a new writing. If new parties
wish to join, notice of such request shall be sent to all Parties. The new party shall be
allowed to join only upon receipt of a counterpart signature to this Agreement and the
receipt of a conflict of interest waiver, attached as Exhibit B from all the Parties. Such
signatures may be accomplished through counterparts, the originals of which shall be
collected and retained by OMW.
13. Right to Terminate Participation; Termination Is Prospective Only.
Each Party may terminate its participation in the joint defense effort and this Agreement
at any time. Termination shall be effective five (5) business days after the terminating
Party provides written notice of termination to OMW, in which case this Agreement shall
no longer be operative as to the terminating Party. Upon notification of termination
under this Section 13, a terminating Party shall continue to protect all Joint Defense
Information disclosed to the terminating Party before the terminating Party’s notification
of intent to terminate.
Termination of a Party’s participation under this Agreement shall not authorize
the former Party to thereafter disclose or use protected information or materials in any
manner that is inconsistent with this Agreement, nor shall it operate as a waiver of this
Agreement’s protections. A former Party and its Joint Defense Participants remain
bound to maintain the confidentiality of all information and materials they received under
this Agreement, consistent with the terms of this Agreement.
{ERZ757860.DOC;1\00005.080018\ }
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A Party terminating its representation under this Agreement shall be obligated to
pay its proportional share of costs incurred through the date of its departure. Each Party
shall be individually liable for all costs associated with individual work requested from
OMW. Each Party agrees to indemnify and hold the other Parties harmless for the costs
which that Party individually incurs.
14. Injunctive Relief and Attorneys’ Fees. Each Party signing below agrees
that the other Parties to this Agreement would suffer irreparable harm for which there is
no adequate legal remedy if Joint Defense Information protected by this Agreement was
disclosed in violation of this Agreement. Therefore, each Party signing below agrees that
a court of competent jurisdiction may order immediate injunctive relief to prevent him,
her or it, or any of the Joint Defense Participants, from disclosing or threatening to
disclose any information or materials protected by this Agreement, without having to post
a bond. In any action or proceeding to enforce compliance with this Agreement, the
prevailing Party shall be entitled to recover all of its reasonable attorneys’ fees, costs and
disbursements incurred therein.
15. Effective Period of this Agreement. This Agreement and all of its terms
shall be deemed effective as of the date of the second signature hereto and shall remain in
effect until terminated by the resolution of the Refund Claim which shall be evidenced by
a termination letter provided by OMW. Any such termination shall be prospective only
and shall not affect the obligation to maintain the confidentiality of all information and
materials received under this Agreement. Any conclusion or resolution of the Refund
Claim as to any individual Party shall not operate to terminate this Agreement.
16. Agreement Fully Understood. Each Party signing below understands the
material facts and the terms of this Agreement, agrees to abide by those terms, and is
authorized to sign this Agreement. Each Party signing below represents that he, she or it
understands both the benefits to be gained by participating in a joint defense and
confidentiality agreement as well as the potential detriments of the same. By signing
below, each Party represents that it has determined, after consultation with counsel, that
the potential benefits of this Agreement outweigh its potential detriments.
17. Notice. The City Manager or Mayor of each entity shall designate a
representative (“Designated Representative”). Notice to the Designated Representative
shall be undertaken through e-mail contacts, provided, however, that any decision to
terminate the participation pursuant to Section 13 of any Party shall be given in writing to
OMW:
Ogden Murphy Wallace, P.L.L.C.
c/o Elana Zana
1601 Fifth Avenue
Suite 2100
Seattle, WA 98101
206-442-1308
{ERZ757860.DOC;1\00005.080018\ }
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18. Choice of Law. This Agreement shall be governed by the Washington
common law of privilege and work product and shall relate back to, cover, include and
govern any and all information and strategy shared between the Parties or their counsel
before the execution of this Agreement in connection with the Refund Claim.
19. Complete Agreement. This Agreement constitutes the sole and complete
agreement between and among the Parties relating to Joint Defense Information. Nothing
herein is intended to affect any indemnification or other rights and obligations that may
exist between the Parties by virtue of other agreements.
20. Counterparts. This Agreement may be executed in several counterparts,
each of which shall be deemed an original, and all counterparts together shall constitute
but one and the same instrument.
ACCEPTED AND AGREED to this ___ day of , 2010.
OGDEN MURPHY WALLACE, PLLC
By:
Wayne Tanaka
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF BOTHELL
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF KIRKLAND
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF LAKE STEVENS
By:
Its:
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ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF MARYSVILLE
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF MONROE
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF MOUNTLAKE TERRACE
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF MUKILTEO
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF REDMOND
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF SNOHOMISH
By:
Its:
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ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF STANWOOD
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF WOODINVILLE
By:
Its:
{ERZ757860.DOC;1\00005.080018\ }
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EXHIBIT A
HOURLY RATE SCHEDULE FOR
OGDEN MURPHY WALLACE
In consideration of the services to be performed, the Parties agree to pay OMW on a time
and reimbursable cost basis according to the following rate schedule:
Senior Members - $360/hour
Junior Members - $300/hour
Associates - $200/hour
Paralegals - $145/hour
The hourly rate is billed at tenths of an hour. Any and all associated costs will be directly
charged to the Parties.
{ERZ757860.DOC;1\00005.080018\ }
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EXHIBIT B
POTENTIAL CONFLICT OF INTEREST WAIVER
Before engaging in the service as the legal representation for the Parties it is
necessary that Ogden Murphy Wallace, PLLC request a conflict waiver from each of the
cities involved.
The following jurisdictions have been invited to participate in this Joint Defense:
City of Bothell, City of Kenmore, City of Marysville, City of Mountlake Terrace, City of
Mukilteo, and City of Woodinville. Of these cities, Ogden Murphy Wallace represents
the cities of Mukilteo, Redmond, and Woodinville as city attorney (“client cities”). In the
past, we have represented Snohomish County, Shoreline and Bothell and have served as
the administrator and negotiator for consortiums of cities to negotiate franchises with
Verizon Northwest Inc. and the transfer to Frontier Communications Corporation.
Our Rules of Professional Conduct (the State standards governing our ethical
obligations) discourage us from representing the Parties as a group unless you each
consent after full disclosure. A risk of common representation is that there could arise a
future conflict between the parties. In the event of a future conflict, Ogden Murphy
Wallace, PLLC will withdraw from further representation of non-client cities in this
matter and will only represent our client cities. However, if we have acquired
confidential knowledge or information about any of the other Party that could be used to
the benefit of our client cities with regard to the conflict, we will withdraw from further
representation of all parties as it relates to the conflict. Obviously, our firm will at all
times take all reasonable steps to safeguard the confidentiality of all of your affairs as you
each may require.
We have concluded that the interests of each Party are aligned such that at present
there is no actual conflict of interest between the cities in this matter. We will, however,
be available to discuss any reservations that any of you have regarding these matters. We
also recommend that you review this letter with other legal counsel before making a
decision, but you are not obligated to do so if you do not wish to.
If the conditions contained in this letter meet with your approval, we ask that you
execute the enclosed copy of this letter, date it, and return it to Ogden Murphy Wallace
for our files.
ACCEPTED AND AGREED to this ___ day of , 2010.
OGDEN MURPHY WALLACE, PLLC
By:
Wayne Tanaka
{ERZ757860.DOC;1\00005.080018\ }
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ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF BOTHELL
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF KIRKLAND
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF LAKE STEVENS
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF MARYSVILLE
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF MONROE
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF MOUNTLAKE TERRACE
By:
Its:
{ERZ757860.DOC;1\00005.080018\ }
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ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF MUKILTEO
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF REDMOND
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF SNOHOMISH
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF STANWOOD
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF WOODINVILLE
By:
Its:
{ERZ763505.DOC;1\00005.080018\ }
JOINT DEFENSE AGREEMENT
COUNTERPART SIGNATURE PAGE
1. Execution of Joint Defense Agreement. The undersigned, an authorized
representative of the City of __________________, by executing this Counterpart Signature
Page, hereby becomes a signatory to that certain Joint Defense Agreement, attached hereto, in
connection with the claims for a refund of the city utility tax paid by Verizon Northwest Inc. on
its sales of digital subscriber line service during the period of January 1, 2005 through June 30,
2008, and any and all amendments thereto (collectively, the “Agreement”).
2. Agreement to Terms. The undersigned agrees to all terms of the Agreement,
and agrees to be bound by the terms and provisions thereof as they may be amended from time to
time.
DATED this ____ day of _______, 2010.
ACCEPTED AND AGREED to this ___ day of , 2010.
OGDEN MURPHY WALLACE, PLLC
By:
Wayne Tanaka
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF ANACORTES
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF ARLINGTON
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF MOUNT VERNON
{ERZ763505.DOC;1\00005.080018\ }
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF OAK HARBOR
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF WENATCHEE
By:
Its:
{ERZ763505.DOC;1\00005.080018\ }
TO EXHIBIT B
REVISED POTENTIAL CONFLICT OF INTEREST WAIVER
Before engaging in the service as the legal representation for the Parties it is necessary
that Ogden Murphy Wallace, PLLC request a conflict waiver from each of the cities involved.
The following jurisdictions have been invited to participate in the Joint Defense
Agreement:
City of Anacortes
City of Arlington
City of Bothell
City of Kirkland
City of Lake Stevens
City of Marysville
City of Monroe
City of Mount Vernon
City of Mountlake Terrace
City of Mukilteo
City of Oak Harbor
City of Redmond
City of Snohomish
City of Stanwood
City of Wenatchee
City of Woodinville
Of these cities, Ogden Murphy Wallace represents the cities of Mukilteo, Monroe, Redmond,
and Woodinville as city attorney (“client cities”). In the past, we have represented Marysville,
Mountlake Terrace, and Bothell and have served as the administrator and negotiator for
consortiums of cities to negotiate franchises with Verizon Northwest Inc. and the transfer to
Frontier Communications Corporation.
Our Rules of Professional Conduct (the State standards governing our ethical obligations)
discourage us from representing the Parties as a group unless you each consent after full
disclosure. A risk of common representation is that there could arise a future conflict between
the parties. In the event of a future conflict, Ogden Murphy Wallace, PLLC will withdraw from
further representation of non-client cities in this matter and will only represent our client cities.
However, if we have acquired confidential knowledge or information about any of the other
Party that could be used to the benefit of our client cities with regard to the conflict, we will
withdraw from further representation of all parties as it relates to the conflict. Obviously, our
{ERZ763505.DOC;1\00005.080018\ }
firm will at all times take all reasonable steps to safeguard the confidentiality of all of your
affairs as you each may require.
We have concluded that the interests of each Party are aligned such that at present there is
no actual conflict of interest between the cities in this matter. We will, however, be available to
discuss any reservations that any of you have regarding these matters. We also recommend that
you review this letter with other legal counsel before making a decision, but you are not
obligated to do so if you do not wish to.
If the conditions contained in this Revised Potential Conflict of Interest Waiver meet with
your approval, we ask that you execute this letter, date it, and return it to Ogden Murphy Wallace
for our files.
DATED this ____ day of _______, 2010.
ACCEPTED AND AGREED to this ___ day of , 2010.
OGDEN MURPHY WALLACE, PLLC
By:
Wayne Tanaka
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF ANACORTES
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF ARLINGTON
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF MOUNT VERNON
By:
Its:
{ERZ763505.DOC;1\00005.080018\ }
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF OAK HARBOR
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF WENATCHEE
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF BOTHELL
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF KIRKLAND
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF LAKE STEVENS
By:
Its:
{ERZ763505.DOC;1\00005.080018\ }
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF MARYSVILLE
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF MONROE
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF MOUNTLAKE TERRACE
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF MUKILTEO
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF REDMOND
By:
Its:
{ERZ763505.DOC;1\00005.080018\ }
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF SNOHOMISH
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF STANWOOD
By:
Its:
ACCEPTED AND AGREED to this ___ day of , 2010.
CITY OF WOODINVILLE
By:
Its: