ORD 07-572
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ORDINANCE NO. 07-572
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF FEDERAL WAY, WASHINGTON,
RENAMING THE DEPARTMENT OF PUBLIC
SAFETY TO THE POLICE DEPARTMENT,
AMENDING CHAPTER 2, ADMINISTRATION,
CHAPTER 11, PARKS AND RECREATION, AND
CHAPTER 15, TRAFFIC AND VEHICLES.
(Amending Ordinance Nos 91-82, 95-252, 98-318,
00-376, 00-373, 01-391, 01-393, 01-396, 01-404, 03-
456,04-464)
WHEREAS, the City of Federal Way established a Department Of Public
Safety which consists of the police department and is commonly referred to as
the police department; and
WHEREAS, the name 'Department Of Public Safety' has at times been
associated with other roles besides policing and thus can lead to confusion; and
WHEREAS, in an effort to simplify the name and better describe the
department, the City Council is finds it in the best interest of the public to rename
the Department Of Public Safety to the Police Department;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, DO ORDAIN AS FOLLOWS
SECTION 1. Chapter 2, Article IV, Section 2-133 of the Federal Way City
Code shall be amended to read as follows:
2-133 Establishment.
There is established a city department known as the Federal Way public
E:3fety police department ("department"), whose duties and responsibilities shall
include the protection of all persons and property located within the geographical
boundaries of the city, as now existing or as hereinafter created by annexation or
incorporation, and including those areas covered by mutual aid agreements and
interlocal agreements which services may include, without limitation, police
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services, energy services, public safety dispatch information systems, public
safety education, enforcement of penal and other code enforcement as may be
directed by the city manager. References to a Federal Way department of public
safety or public safety department shall also mean the Federal Way police
department. (Ord. No. 95-252, 9 1, 12-5-95)
SECTION 2. Chapter 2, Article IV, Section 2-135 of the Federal Way City
Code shall be amended to read as follows:
2-135 Appointment of director of public safety chief of police.
.^. director of the department ("director") shall be appointed by the city
managor. The city manaqer shall appoint a chief of police. The chief of police "'
shall act as the director of the police department and also may be known as the
police chief. The position of director chief of police shall be exempt from the civil
service system. In addition to the duties of chief of police. the chief of police shall
perform such other duties as may be delegated to the director desiqnated from
time to time by the city manager, the director shall act os the police chief for the
Gity. (Ord. No. 95-252, 9 3, 12-5-95)
SECTION 3. Chapter 2, Article IV, Section 2-136 of the Federal Way City
Code shall be amended to read as follows:
2-136 Appointment of deputy diroctor(s) of public safety chief of
police.
One or more deputy directors of the dep:lrtment chiefs of police ("deputy
director chiefs") shall be appointed by the director chief of police. The deputy
director(s) chiefs shall perform such duties as required by, and be directly
accountable to, the director. The position(s) of deputy director chief(s) shall be
exempt from the civil service system. (Ord. No. 95-252, 94,12-5-95; Ord. No.
98-318,91,7-21-98)
SECTION 4. Chapter 2, Article XI, Section 2-336 of the Federal Way City
Code shall be amended to read as follows:
2-336 Disposition of confiscated and forfeited firearms.
(a) All firearms taken into the custody of the Federal 'Nay dopartment of
public saf-ety police department and no longer needed for evidence shall be
disposed of as follows:
(1) Firearms illegal for any person to possess shall be destroyed.
(2) Antique firearms and firearms recognized as curios, relics, and
firearms of particular historical significance by the United States Treasury
Department Bureau of Alcohol and Tobacco, and firearms exempt from
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destruction shall be disposed of in accordance with RCW 9.41.098(c), or
hereafter amended.
(3) All other firearms that are judicially forfeited or forfeited due to a failure
to make a claim under RCW 63.32.010 shall be destroyed, except that such
firearms which meet the Federal 'Way department of public safety police
department's standard for use may be retained and used by the department.
(Ord. No. 00-376, 9 1, 11-7-00)
SECTION 5. Chapter 11, Article III, Section 11-55 of the Federal Way City
Code shall be amended to read as follows:
11-55 Expulsion from parks.
(a) In addition to another penalty imposed pursuant to this article, the
director or designee may order the expulsion of any person from any park for a
period of one to seven days if he or she observes such person:
(1) Using abusive or disruptive language or engaging in conduct that
disrupts a park facility or program.
(2) Directing ethnic or offensive remarks at another person based on such
person's actual or perceived race or ethnic group, nationality, religion, disability,
sex or sexual orientation.
(3) Using tobacco products in an unauthorized area or facility.
(4) Causing injury or risk of injury to another person or persons.
(5) Causing damage or risk of damage to city property.
(6) Violating any provision of this article.
(b) The director or designee may order the expulsion of any person from
any park for a period of seven days to one year if such person:
(1) Has been expelled from the park two or more times in any 30-day
period.
(2) Causes injury to another person.
(3) Sells, possesses or uses alcohol or illegal drugs.
(4) Possesses or uses any weapon.
(5) Commits more than one violation of this article in any 12-consecutive-
month period.
(c) Any order of expulsion under this section shall be in writing and shall
be sent by certified mail to the person expelled at his or her last known address
or delivered in person.
(d) The director or designee may forward the written notice of expulsion
along with the certified mail receipt to the dopartmont of public safety police
department.
(1) The written notice of expulsion shall be a notice of trespass.
(2) Any person on city park property, in violation of the written notice of
expulsion, will be guilty of trespass.
(3) The notice of trespass and expulsion will expire on the date indicated
in the written notice of expulsion.
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(e) Any person who enters a park during a period during which he or she
has been expelled under subsection (a) or (b) of this section is guilty of violating
this article and will be subject to the enforcement in FWCC 11-54. (Ord. No. 91-
82, 91(1)(E), 1-8-91; Ord. No. 01-396,92,7-3-01; Ord. No. 01-404, 91,10-2-
01 )
SECTION 6. Chapter 15, Article I, Section 15-12 of the Federal Way City
Code shall be amended to read as follows:
15-12 Traffic safety school.
(a) Authorized. A traffic safety school is hereby authorized to be
administered by the department of publicsafoty police department as a diversion
program.
(b) Purpose. The purpose of the traffic safety school is to instruct,
educate, and inform all enrollees in the proper, lawful, and safe operation of
motor vehicles, including but not limited to rules of the road and the limitations of
persons, vehicles, and bicycles and roads, streets, and highways under varying
conditions and circumstances.
(c) Fee. The dopartment of public safety police department shall
charge a fee to traffic school participants for the purpose of reimbursing some or
all of the cost of administering the traffic school. The amount of the fee shall be
as established or amended by the city council by resolution. Participants in the
traffic school shall remit said fee to the management services department in
accordance with the procedures established by the dopartmont of public safety
police department. (Ord. No. 00-373, 99 1 - 3, 9-5-00)
SECTION 7. Chapter 15, Article IV, Section 15-83 of the Federal Way City
Code shall be amended to read as follows:
15-83 Parking privileges for disabled persons.
The following state statutes, including all future amendments, additions or
deletions, are adopted by reference:
(1) RCW 46.16.381, Special parking privileges for disabled persons-
Penalties - Enforcement.
(2) RCW 46.61.581.
(3) The department of public safety police department may appoint
volunteers to enforce the parking laws for disabled persons as set forth in RCW
46.16.381(13) as currently written, or amended in the future. (Ord. No. 01-391, 9
7, 6-19-01)
SECTION 8. Chapter 15, Article VIII, Section 15-220 of the Federal Way
City Code shall be amended to read as follows:
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15-220 Definitions.
The following words, terms, and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
Authorization means a notarized statement from a person with legal
authority giving another person legal authority to act on his or her behalf.
Costs of impoundment means the costs of removal, towing and storage
incurred by a registered tow truck operator in impounding a vehicle as provided
for herein.
Court means the Federal Way municipal court.
Department means the Federal Way department of public safoty police
department.
Director means 'the director of the Federal Way departmont of public
safety police department.
OWLS 1 means RCW 46.20.342(1 )(a) or as hereafter amended.
OWLS 2 means RCW 46.20.342(1 )(b) or as hereafter amended.
OWLS 3 means RCW 46.20.342(1 )(c) or as hereafter amended.
Local ordinance means any ordinance or statute enacted by any town,
city, municipality or county regardless of what state the ordinance or statute is
enacted in.
NVOLlNo valid operator's license means RCW 46.20.005 or as hereafter
amended.
Penalties, fines, and forfeitures mean monetary obligations in addition to
costs of removal, towing and storage of the vehicle. (RCW 46.55.110).
Registered tow truck operator means the towing company awarded the
contract for performance of impounds pursuant to FWCC 15-228(a), if the city
manager exercises his or her option to seek bidders for an exclusive towing
contract, or any towing company which the director requests pursuant to FWCC
15-228(b) to tow and impound vehicles. Registered tow truck operators shall hold
a valid city of Federal Way business license and be registered with the state of
Washington pursuant to Chapter 46.55 RCW. (Ord. No. 01-393, 9 1, 6-19-01)
SECTION 9. Chapter 15, Article VIII, Section 15-221 of the Federal Way
City Code shall be amended to read as follows:
15-221 Impoundment.
Whenever the driver of a vehicle is arrested for violation of OWLS 1,
OWLS 2, or OWLS 3, NVOL, or for violation of RCW 46.20.345, the vehicle is
subject to impoundment at the discretion of an officer of the department of public
safety police department, by an authorized agent of the department, or by a
registered tow truck operator acting at the request of an officer or authorized
agent of the department. For purposes of this subsection, "arrested" includes, but
is not limited to, being temporarily detained and served with a citation and notice
to appear pursuant RCW 46.64.015, as now or hereafter amended. (Ord. No. 01-
393, 9 1, 6-19-01)
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SECTION 10. Chapter 15, Article VIII, Section 15-223 of the Federal Way
City Code shall be amended to read as follows:
15-223 Notice of impoundment.
(a) The person impounding the vehicle shall provide the driver of the
impounded vehicle with a notice including the following:
(1) The name of the impounding registered tow truck operator, its address,
and telephone number;
(2) The location and time of the impound, and by whose authority
(including the name of the officer or authorized agent of the department) the
vehicle was impounded;
(3) Notice that there may be a mandatory period of impoundment under
FWCC 15-222 as determined by the municipal court; and
(4) A form, approved by the city, which describes the right to and process
for vehicle redemption requirements as set forth in FWCC 15-224, and which
describes the process of FWCC 15-225 for contesting an impound or the costs of
impoundment.
(b) Not more than 24 hours after impoundment of any vehicle, the
registered tow truck operator shall mail a copy of the notice described in
subsection (a) of this section by first class mail to the last known address of the
legal and registered owner(s) of the vehicle, as may be disclosed by the vehicle
identification number and/or as provided by the Washington State Department of
Licensing. If the vehicle is redeemed prior to the mailing of this notice, the notice
need not be mailed. A proof of mailing form shall be completed by the registered
tow truck operator and filed with the municipal court.
If the registered tow truck operator wishes to request that the person
seeking redemption of the vehicle pay a security deposit, the notice shall also
state that the person who desires to redeem an impounded vehicle at the end of
the mandatory period must within five days of the impound pay a security deposit
to the registered tow truck operator of not more than one-half of the applicable
impound storage rate for each day of the proposed period of impoundment, as
set forth in FWCC 15-222, to ensure payment of the costs of impoundment. The
notice shall state that if the security deposit is not posted within five days of the
impound, the vehicle will be processed and sold at auction as an abandoned
vehicle pursuant to RCW 46.55.130.
(c) The registered tow truck operator or the dopartmont of public safety
police department, as applicable, shall provide notice as described in subsection
(a) of this section by first class mail to each person who contacts the department
or the registered tow truck operator seeking to redeem an impounded vehicle,
except that if a vehicle is redeemed prior to the mailing of notice, then notice
need not be mailed. The registered tow truck operator shall maintain a record
evidenced by the redeeming person's signature that notice was provided directly
to the person redeeming the vehicle. A proof of mailing form shall be completed
by the registered tow truck operator and filed with the municipal court.
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(d) If the date on which a notice required by subsection (b) of this section
is to be mailed falls upon a Saturday, Sunday, or postal holiday, the notice may
be mailed on the next day that is neither a Saturday, Sunday, nor a postal
holiday. (Ord. No. 01-393, 9 1,6-19-01; Ord. No. 03-456,9 1, 12-2-03)
SECTION 11. Chapter 15, Article IX, Section 15-246 of the Federal Way
City Code shall be amended to read as follows:
15-246 Penalty.
(a) Any person violating any provision of this article shall be guilty of a
traffic infraction and shall be punished by the imposition of a monetary penalty
not to exceed $250.00, exclusive of statutory assessments; provided, that
conduct that constitutes a criminal traffic offense may be charged as such and is
subject to the maximum penalties allowed for such offenses.
(b) Scooter safety school.
(1) In addition to the other means of enforcement provided in this article, a
scooter safety school is hereby authorized to be administered jointly by the
dopartment of public safety police department and the department of parks,
recreation and cultural services as a diversion program available to those who
violate the provisions of this chapter for the first time.
(2) The purpose of the scooter safety school is to offer those who have
violated the provisions of this chapter for the first time instruction, education, and
information regarding the proper, lawful, and safe operation of scooters and
similar devices, including but not limited to the state motorized foot scooter
regulations in RCW Title 46, the rules of the road, and the limitations of persons,
vehicles, and bicycles on roads, streets, and highways under varying conditions
and circumstances.
(3) The departmont of public safety police department and department of
parks, recreation and cultural services shall charge a fee to scooter school
participants for the purpose of reimbursing some or all of the cost of
administering the scooter school. The amount of the fee shall be as established
or amended by the city council by resolution. Participants in the scooter school
shall remit said fee to the management services department in accordance with
the procedures established by the dopartmont of public s3foty police department.
(Ord. No. 04-464, 9 7, 9-21-04)
SECTION 12. Severability.
Should any section, subsection, paragraph, sentence, clause, or phrase of
this chapter, or its application to any person or situation, be declared
unconstitutional or invalid for any reason, such decision shall not affect the
validity of the remaining portions of this chapter or its application to any other
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person or situation. The City Council of the City of Federal Way hereby declares
that it would have adopted this chapter and each section, subsection, sentence,
clauses, phrase, or portion thereof, irrespective of the fact that anyone or more
sections, subsections, sentences, clauses, phrases, or portions be declared
invalid or unconstitutional.
SECTION 13. Corrections.
The City Clerk and the codifiers of this ordinance are authorized to make
necessary corrections to this ordinance including, but no limited .to, the correction
of scrivener/clerical errors, references, ordinance numbering, section/subsection
numbers and any references thereto.
SECTION 14. Concurrent Leaislation. A currently pending ordinance,
Ordinance number 07-5J3;An Ordinance Clarifying Language, Correcting
References, And Correcting Other Inadvertent Errors, amends FWCC 2-336 as
does this one; changes made to FWCC 2-336 in this ordinance are intended to
be in addition to any changes made by the other ordinance, this ordinance is not
intended to repeal, reenact, or modify portions of the section that are enacted,
repealed, or modified by the other ordinance.
SECTION 15. Ratification. Any act consistent with the authority and prior
to the effective date of this ordinance is hereby ratified and affirmed.
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SECTION 16. Effective Date. This ordinance shall take effect and be in
force five (5) days from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this\\ ~\,..
day of ~ ,200-~\
CITY OF FEDERAL WAY
~~
ATTEST:
APPROVED AS TO FORM:
~~d.~
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
11/20/07
12/04/07
12/08/07
12/13/07
07-572
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