ORD 09-600
ORDINANCE NO. 09-600
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, RELATING TO DEFINITIONAL
AMENDMENTS ADDING SECTIONS, AMENDING SECTIONS, AND
REPEALING SECTIONS IN CHAPTER 2, 3, 8, 9, 14, AND 17 OF THE
FEDERAL WAY CITY CODE.
WHEREAS, the City of Federal Way is in the process of re-codifying and reorganizing the
Federal Way City Code (FWCC) into the Federal Way Revised Code (FWRC) and through this process
has found redundant sections and language as well as unclear sections, inaccurate sections, and other
sections that could be revised for better readability and workability; and definitions and related
regulations can be simplified and consolidated;
WHEREAS, certain Code provisions need to be modified to coordinate with state and county law
requirements in areas of definitions;
WHEREAS, none of the changes to the FWCC contained in this ordinance are intended to change
numbering or formatting changes that occur pursuant to the reorganization of the Code and;
WHEREAS, the City Council of the City of Federal Way finds it in the best interest of the City to
update its code, and amending these sections bears a substantial relation to public health, safety, or
welfare of the people of Federal Way; is consistent with the applicable provisions of the comprehensive
plan; and is in the best interest of the residents of the city;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS
SECTION 1. Chapter 2, Article N, Section 2-106, of the Federal Way City Code shall be
amended to read as follows:
2-106 Definitions.
The following ','lords, terms and pm-ases, 'Nhen used in this diyision, shall have the meaniRgs aseribed
to them in this section, except where the context clearly indieates a diffe-ent meaning: The definitions in
this section apply throughout this article unless the context clearly requires otherwise. Terms not defined
here are defined according to FWCC 1-2.
Employee shall mean any person 'Nho is or has been employed by the city.
Ordinance No. 09-600
Page 1 of 17
'.:..OfficiaC shall mean means any person who is serving or has served as an elected or appointed city
official or officer, and any person who is serving or has served as an appointed member of any city board,
commission, committee or other appointed position with the city. The term "appointed" as used herein
shall mean Appointed means a person formally appointed by the city councilor as authorized by state law
or city ordinance.
(Ord. No. 89-5, S 1(2.25.010), 11-28-89)
SECTION 2. Chapter 3, Article I, Section 3-1, of the Federal Way City Code shall be amended to
read as follows:
3-1 Definitions.
Unless the context or subject matter otherv;ise requires, terms defined herein shall J.::1.&ye the followiHg
meanings when used in this chapter: The definitions in this section apply throughout this article unless the
context clearly requires otherwise. Terms not defined here are defined according to FWCC 1-2.
Alarm business means the~ business by any indiviooal, partRership, eorporatioH, ar ather emit)' of
selling, leasing, maintaining, monitoring, servicing, repairing, altering, replacing, moving or installing
any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or
installed any alarm system on real property.
Alarm system means any. "^.ny system, device or mechanism which, when activated, transmits a
telephone message to a private monitoring company or some other number, or emits an audible or visible
signal that can be heard or seen by persons outside the protected premises, or transmits a signal beyond
the premises in some other fashion, except any system, device or mechanism primarily protecting a motor
vehicle, or a medical alarm.
Alarm user means the-:----+he person, firm, partnership, association, corporation, company, or
organization of any kind to whom a registration is required under this chapter.
Automatic dialing device means a~ device that is interconnected to a telephone line and is
programmed to select a predetermined telephone number and transmit by voice message or code signal an
emergency message indicating a need for emergency response. Such a device is an alarm system.
Burglary alarm system means an-:-An alarm system designed or used for detection and reporting of an
unauthorized entry or attempted unauthorized entry upon real property protected by the system.
Chiefofpoliee. The cmefofthe city of Federal Way police department.
City clerk. The clerk of the city ofFederal....vay.
Department. The eity of Federal "'Nay police department.
Economically disadvantaged person means a-:-An person receiving public assistance.
False alarm means the~ activation of any burglary and/or robbery alarm system when no crime is
being committed or attempted on the premises. An alarm shall be presumed to be false if the police
officers responding do not locate any evidence of an intrusion or commission of an unlawful act or
emergency on the premises which might have caused the alarm to sound, but does not include alarms
caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to
control by the alarm business operator or alarm user.
Interconnect means t<r.---+e connect an alarm system including an automatic dialing device to a
telephone line, either directly or through a mechanical device that utilizes a telephone, for the purpose of
using the telephone line to transmit a message upon the activation of the alarm system.
No response means that police. Poliee officers shall not be dispatched to investigate a report of an
alarm signal.
Panic/trouble alarm means an.,.....An alarm system designed or used for alerting police of the need for
immediate assistance or aid in order to avoid injury or serious bodily harm.
Premises means any~ area and any portion of any area protected by an alarm system.
Registration year means.,. July 1st to and including June 30th.
Ordinance No. 09-600
Page 2 of 17
Robbery alarm system means an.,..-An alarm system designed or used for alerting others of a robbery or
other crime in progress which involves potential serious bodily injury or death.
System subscriber means a person. Person, corporation, firm, partnership, association, company,
organization or other business entity who purchased or contracted for any alarm system.
Verification means an-:--A:a independent method of determining that a signal from an automatic alarm
system reflects a need for immediate police assistance or investigation. (Ord. No. 93-193, S 1, 11-9-93)
SECTION 3. Chapter 8, Article IV, Section 8-121, of the Federal Way City Code shall be
amended to read as follows:
8-121 Definitions.
(a) The f-ollowiFlg words, terms and phrases, when used in this artiele, shall have the meanings aseribed
to them in this seetioR, eJleeflt where the conte-Jlt elearly indieates a different meaning:
W The definitions in this section apply throughout this article unless the context clearly requires
otherwise. Terms not defined here are defined according to FWCC 1-2. The definitions ef-in Chapter
70.77 RCW as now stated eT hereafter amended shall govern the eonstruetion of this artiele, when
applicable, apply throughout this article unless the context clearly requires otherwise. RCW 70.77.120
through 70.77.230 as Flew stated or hereafter amended are adopted by reference and a copy ef the sa-me
shall be kept on file in the office of the eily elerk for publie use and inspeetion. In addition, the following
term is defined
Dangerous fireworks shall mean means any firework not defined as a "common firework" under the
provisions ofRCW 70.77.136.
(Ord. No. 90-54, S 1,4-17-90; Ord. No. 92-147, S 2, 6-23-92)
SECTION 4. Chapter 9, Article II, Section 9-26, of the Federal Way City Code shall be amended
to read as follows:
9-26 Definitions.
The follo'.ying words, terms and phrases, when l:lSed in this artiele, shall have the meanings aseribed to
them in this seetion, eKeept where the context elearly indieates a different meaning: The definitions in this
section apply throughout this chapter rTitle 1 unless the context clearly requires otherwise. Terms not
defined here are defined according to FWCC 1-2.
Business shall mean and inelude means vocations, occupations, professions, enterprises and
establishments and all other activities and matters conducted for private profit or benefit, either directly or
indirectly, anywhere within the city, which employs 10 or more persons.
Premises shall mean and inelude means all lands, structures and places, and also any personal property
which either is affixed to, or is used in connection with any such business conducted on such premises.
Small business shall mean and inelude means vocations, occupations, professions, enterprises and
establishments and all other activities and matters conducted for private profit or benefit, either directly or
indirectly, anywhere within the city, which employs nine or less persons.
(Ord. No. 91-86, S 1(2),2-5-91)
SECTION 5. Chapter 9, Article III, Section 9-71, of the Federal Way City Code shall be amended
to read as follows:
9-71 Definitions.
Ordinance No. 09-600
Page 3 of 17
For the purpose of this artiele the words and phrases used in this section shall ha'le the follovling
meanings unless the context otherwise indicates: The definitions in this section apply throughout this
article unless the context clearly requires otherwise.
tat Adult entertainment means shall mean:
(1) Any exhibition, performance or dance of any type conducted in a premises where such exhibition,
performance or dance involves a person who is unclothed or in such costume, attire or clothing as to
expose any portion of the breast below the top of the areola or any portion of the pubic region, anus,
buttocks, vulva or genitals, or wearing any device or covering exposed to view which simulates the
appearance of any portion of the female breast below the top of the areola or any portion of the pubic
region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, even if
completely and opaquely covered; or
(2) Any exhibition, performance or dance of any type conducted in a premises where such exhibition,
performance or dance is distinguished or characterized by a predominant emphasis on the depiction,
description, simulation or relation to the following specified sexual activities:
a. Human genitals in a state of sexual stimulation or arousal;
b. Acts of human masturbation, sexual intercourse or sodomy; or
c. Fondling or other erotic touching of human genitals, public region, buttocks or female breast;
or
(3) Any exhibition, performance or dance intended to sexually stimulate any patron and conducted in
a premises where such exhibition, performance or dance is performed for, arranged with or engaged in
with fewer than all patrons on the premises at that time, with separate consideration paid, either directly
or indirectly, for such performance, exhibition or dance. For purposes of example and not limitation, such
exhibitions, performances or dances are commonly referred to as table dancing, couch dancing, taxi
dancing, lap dancing, private dancing or straddle dancing.
W Adult entertainment establishment shall m.ean means any commercial premises to which any patron
is invited or admitted and where adult entertainment is provided on a regular basis and as a substantial
part of the premises activity.
(c) "^~pplicant meaRS the individual or entity seeking an adMlt entertainment license in the city of
Federal.V-fay.
fElt Applicant control persons means all partners, corporate officers and directors and any other
individuals in the applicant's business organization who holds a significant interest in the adult
entertainment establishment, based on responsibility for management of the adult entertainment business.
W Employee shall mean means any and all persons, including managers, entertainers, and independent
contractors who work in or at or render any services directly related to the operation of any adult
entertainment establishment.
fB Entertainer shall mean means any person who provides live adult entertainment whether or not a fee
is charged or accepted for such entertainment.
W Manager shall mean means any person who manages, directs, administers, or is in charge of, the
affairs and/or the conduct of any portion of any activity involving adult entertainment occurring at any
adult entertainment establishment.
W Operator shall mean means any person operating, conducting or maintaining an adult entertainment
establishment.
tB Panoram or peepshow shall mean means any device which, upon insertion of a coin or by any other
means of payment, including membership fee or other charge, exhibits or displays a picture or view by
film, video or by any other means, including observation oflive performances.
ffi Panoram premises means any premises or portion of a premises or portion of a premises on which a
panoram is located and which is open to the public, including through membership.
(Ie) Person means any indi'/idual, partnership, corporation, trust, incorporated or unincorporated
association, marital cotn11.'R:lflity, joint venture, governmental entity, or other entity or group of persons,
hOY/eyer organized.
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Page 4 of 17
flj Sexual conduct means acts of (i) sexual intercourse within its ordinary meaning; or (ii) any contact
between persons involving the sex organs of one person and the mouth or anus of another; or (iii)
masturbation, manual or instrumental, of oneself or of one person by another; or (iv) touching of the sex
organs or anus, of oneself or of one person by another.
(Ord. No. 90-55, S 2, 5-1-90; Ord. No. 95-241, S 1,8-15-95)
SECTION 6. Chapter 9, Article V, Section 9-206, of the Federal Way City Code shall be
amended to read as follows:
9-206 Definitions.
The follO'.ving words, terms and phrases, '."hen used in this article, shall ha'le the meanings ascribed to
them in this seetion, except where the eontext clearly indicates a diff-erent meaning: The definitions in this
section apply throughout this article unless the context clearly requires otherwise. Terms not defined here
are defined according to FWCC 1-2.
Identified as stolen or pawned without authorization shall mean means any property which has been
reported by the rightful owner to a law enforcement authority as missing or stolen.
Pawnbroker shall mean means every person who takes or receives by way of pledge, pawn or exchange
goods, wares, or merchandise of any kind of personal property for the repayment of security of any
money loaned thereon, or to loan money on deposit of personal property, or who makes public display of
any sign indicating that he has money to loan on personal property on deposit or pledge.
Pawnshop shall mean means every place at which a pawnbroker business is being conducted.
Rightful owner, unless otherwise proven, shall mean means the person having possession of the
property prior to the theft or removal without authorization.
Secondhand dealer shall mean means a e>fefj' person who.. as a business.. engages in the purchase, sale,
barter, sale on consignment, or otherwise exchanges secondhand goods~, or who keeps a store, shop,
room.. or other place where secondhand goods of any kind or description are bought, sold, traded.. eF
bartered, pledged, pawned, auctioned, sold on consignment, or otherwise exchanged; provided, however,
that this term does not apply to those persons engaged in the business of selling used or secondhand
motor vehicles or boats.
Secondhand goods shall mean means any and all used, QLremanufactured, or secondhand goods..
except it purchased or kept f-or sale by a secondhand dealer; provided, howe'ler, such term does not
include junk or used or seeondhand used. remanufactured. or iunk motor vehicles or boats.
(Ord. No. 90-57, SS 1, 15(A)(12)(a), (b), 5-1-90)
SECTION 7. Chapter 9, Article VI, Section 9-291, of the Federal Way City Code shall be
amended to read as follows:
9-291 Definitions.
The foIlo'lIing ';'fords, terms and phrases, when used in this article, shall have the meanings ascribed to
them in this section, except \vhere the context clearly indieates a different meaning: The definitions in this
section apply throughout this article unless the context clearly requires otherwise. Terms not defined here
are defined according to FWCC 1-2.
Armored-transport agencies shall mean means agencies which provide armed personnel to convey
valuable articles for a fee.
Contract guard or patrol agencies shall mean and include means partnerships, corporations, joint
ventures, as well as individuals who are self-employed which provide privately employed guards or patrol
officers for a fee.
Contract investigative agency shall mean and include means partnerships, corporations, joint ventures,
as well as individuals who are self-employed which provide private investigative services for a fee, except
Ordinance No. 09-600
Page 5 of 17
individuals investigating bodily injury or property damage actions under the supervision of a licensed
attorney.
Credit investigation agencies and credit investigators shall mean means businesses and persons who
conduct investigations primarily to furnish information as to the business and financial standing and
credit responsibility of persons.
In-house guard forces shall mean means agencies which provide private guard services exclusively in
connection with the affairs of the one business that employs them.
In-house investigative forces shall mean agencies which provide private investigative services
exclusively in connection with the affairs of the one business that employs them.
Licensing authority shall mean means the county licensing authority.
Poliee department shall mean the law enforeement authority of the eity.
Private guards shall mean means persons who protect or attempt to protect persons or property from
damage, injury, loss or any criminal act and shall include "guard dogs," "watchmen," "security officer,"
"protective agent," "merchant guard" and "special officer."
Private investigation shall mean and include means investigations by a privately employed person for
the purpose of obtaining information concerning:
(1) Crimes or wrongs, done or threatened;
(2) The identity, habits, conduct, movements, whereabouts, associations, transactions, credibility,
reputation, employment history, criminal record, or character of any person, group, or business, for any
purpose;
(3) The location oflost or stolen property;
(4) The causes and responsibility for fires, libel, slander, losses, accidents or injuries;
(5) The whereabouts of missing persons.
Private investigators/detectives shaH mean means personnel who conduct investigations for a contract
investigative agency, including undercover agents employed by contract agencies, but excluding in-house
investigative force employees, credit investigators, insurance investigators and adjusters.
Private/merchant patrol officer shall mean means those persons who perform the same functions as
guards, but do so at a number of different locations, access to which is accomplished by means of travel
on public property.
Private security shall meaR and inelude means all privately employed guards, investigators, detectives,
patrolmen and any other personnel performing similar security functions or services.
(Ord. No. 90-28, S 1(6.24.010),2-13-90)
SECTION 8. Chapter 9, Article VII, Section 9-386, of the Federal Way City Code shall be
amended to read as follows:
9-386 Definitions.
"'\.s used in this artie1e, Mf11ess the eontext or subjeet matter dearly requires othenvise, the words or
phrases defined in this seetion shall have the indieated meanings: The definitions in this section apply
throughout this article unless the context clearlv requires otherwise. Terms not defined here are defined
according to FWCC 1-2.
Business shall mean and inelude means all services and activities engaged in with the object of
pecuniary gain, benefit or advantage to any person, or to another person or class, directly or indirectly,
whether part-time or full-time.
Person shall mean one or more natural persons of either sex, eorporations, partnerships, sole
proprietorships, assoeiations or other eflt;ities eapable of having an aetion at la,v brought against sueh
~
Temporary business shall mean and inelude means all businesses of a transitory nature or fixed
duration, including, but not limited to:
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Page 6 of 17
(1) Circuses, carnivals, rodeos, fairs, or similar transient amusement or recreational activities other
than adult entertainment licensed under FWCC 9-71 et seq.;
(2) Christmas tree sales lots and flower stands;
(3) Indoor or outdoor special sales, including swap meets, parking lot sales, warehouse sales or
similar activities;
(4) Garage sales and flea markets which exceed three consecutive days in length;
(5) Temporary stands for the sale of items such as food, toys, jewelry, goods, art, crafts, firewood;
and
(6) Any other similar use of a transitory nature or fixed duration.
(Ord. No. 90-62, ~ 1,6-19-90; Ord. No. 91-110, S 1, 11-5-91)
SECTION 9. Chapter 9, Article VIII, Section 9-421, of the Federal Way City Code shall be
amended to read as follows:
9-421 Definitions.
The following 'Nords, terms and phrases, ,,'(hen used in this artiete, sl'lall ha'le the meanings aseribed to
them in this seetion, except Ylhere tl'le eontext dearly indieates a different meaning: The definitions in this
section apply throughout this article unless the context clearly requires otherwise. Terms not defined here
are defined according to FWCC 1-2.
"^1flfllicant means any flerson who applies fer a license to operate a public daRee at a daRee hall.
Dance hall means any place or premises where a public dance is conducted, and any and all areas
attached to or adjacent to such premises including but not limited to all hallways, bathrooms, designated
parking areas and all adjoining nonpublic areas accessible to the public or any patron during the dance.
Designated parking area means that area specifically described in an applicant's license application to
be used by dance hall patrons, which area shall include the minimum number of parking stalls required by
Chapter 22 FWCC, Zoning.
Law enforcement training means either:
(1) Prior commissioned law enforcement experience from any jurisdiction occurring within five years
of the date of application; or
(2) Minimum security qualifications as follows:
a. Security guard. In order to qualify as a security guard, a person must:
1. Be 18 years of age or older;
2. Submit a set of fingerprints;
3. Have no criminal history in violation ofFWCC 9-462(a)(3) and (4); and
4. Proof of satisfactory completion of training as required for security guard state license
(RCW 18.170.010 et seq.).
b. Armed security guard. In order to qualify as an armed security guard, a person must:
1. Meet all of the requirements of a security guard; and
2. Present proof of successful completion of a firearms training course of a minimum of eight-
hour classes and proficiency training provided by an organization or trainer approved by the state
Criminal Justice Training Commission pursuant to Chapters 18.170 and 43.101 RCW.
Licensee means any person licensed to operate a public dance at a dance hall.
Public dance means any dance that is open to the public and which:
(1) Is conducted for a preflt direct or indirect profit; or
(2) Requires a monetary payment or contribution from the persons admitted.
The term "public"Public dance" does not include a banquet, party~ or celebration conducted for invited
guests which is not open to the public, and for which no fee or membership contribution is required~"O
}1dditionally, the term "public danee" does not include ~any dance held by a licensed liquor
establishment, or at any location where alcoholic beverages are legally served, sold, dispensed or
Ordinance No. 09-600
Page 7 of 17
permitted on the premises; it being the intention that such dances be gO'lerned by the aflpropriate
provisions of RCW Title 66 and all other pertinent laws and regulations.
(Ord. No. 92-132, S 1(9.36),4-14-92)
SECTION 10. Chapter 9, Article X, Section 9-600, of the Federal Way City Code shall be
amended to read as follows:
9-600 Definitions.
For the purposes of this chapter, the follo'l.ing terms, words and phrases shall hav-e the following
meanings: The definitions in this section apply throughout this article unless the context clearly requires
otherwise. Terms not defined here are defined according to FWCC 1-2.
-fB Bathhouse attendant means any person who administers or performs services to patrons of a
public bathhouse or who supervises the work of such persons. The term does not include a person who
performs only custodial or janitorial work.
(2) City means the €lit)' efFederal Way, 'Washington.
(3) City clerk means the €lity €llerk efthe eity ofFederal1.Ha:y, Washington.
(4f Conviction means an adjudication or conviction of guilt and occurs at such time as a plea of guilty
has been accepted or a verdict of guilty has been filed, notwithstanding the pendency of any future
proceedings including but not limited to sentencing or disposition, post-trial or post-fact finding motions,
and appeals. Conviction also means a bail forfeiture and includes all instances in which a plea of nolo
contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or
suspended. .
~ Genitals means genitals, includes. but is not limited to. the pubic area, anus, or perineum of any
person, er and the vulva or breasts of a female.
~ Manager means any person who manages, directs, administers, or is in charge of, the affairs
and/or the conduct of any portion of any activity involving public bathhouses occurring at any place
offering public baths.
(+j Public bathhouse means any place where baths or facilities for baths of any kind '.vhate';er are
given or furnished~ including. where an attendant is present: 'without limitation fInnish baths; russian
baths; sauna baths; swedish baths; turkish baths; hot tubs; baths by hot air, steam, vapor, water~ er electric
cabinet~ or a combination thereof of any of the foregoing; provided, that su€lh term shall "Public
bathhouse" does not include ordinary tub or shower baths, or any of the above named baths where an
attendant is not required.
(Ord. No. 95-230, S 1,3-21-95)
SECTION 11. Chapter 9, Article XI, Section 9-701, of the Federal Way City Code shall be
amended to read as follows:
9-701 Definitions.
"^...s used in this artiele the following words and terms shall have the meanings respectively aseribed:
The definitions in this section apply throughout this artiCle unless the context clearly requires otherwise.
Terms not defined here are defined according to FWCC 1-2.
Access channels means free composite channels to be used for educational purposes and by
government and public agencies and/or their representatives (commonly referred to as "PEG" channels).
The Act means the Cable Communications Policy Act of 1984 as amended by the Cable Television
Consumer Protection and Competition Act of 1992 and any subsequent amendments.
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Page 8 of 17
Addressability means the ability of a franchisee to electronically authorize customer terminals to
receive, change or to cancel any or all specified programming.
Applicant means any person or entity that applies for a franohise.
Basic cable service is the lowest level of service regularly provided to all subscribers that includes the
retransmission of local broadcast television signals.
Cable communication system means a system which may provide audio, video and data transmission
to subscribers.
Cable facilities means equipment and wiring used to transmit audio and video signals to subscribers.
Cable services means (1) the one way transmission to subscriber of video programming or other
programming service, and (2) subscriber interaction, if any, which is required for the selection by the
subscriber of such video programming.
Channel means a single path or section of the spectrum which carries a television signal.
Character generator means a device used to generate alpha numerical programming to be cablecast on a
cable channel
City means the city of Federal "'."Vay, a llRlnicipal corporation of the state of Washington.
Couneil means the oity ofFederal.....Vay oouncil acting in its offioial eapaoity.
Data transmission means (1) the movement of encoded information by means of electrical or electronic
transmission systems; (2) the transmission of data from one point to another over communications
channels.
Dwelling units means residential living facilities as distinguished from temporary lodging facilities
such as hotel and motel rooms and dormitories, and includes single-family residential units and individual
apartments, condominium units, mobile homes within mobile home parks, and other multiple-family
residential units.
Emergency means a condition of imminent danger to the health, safety, and welfare of property or
persons located within the city including, without limitation, damage to persons or property from natural
consequences, such as storms, earthquakes, riots or wars.
FCC means the Federal Communications Commission, a regulatory agency of the United States
government.
Fiber optics means the technology of guiding and projecting light for use as a communications
medium.
Franchise means the initial authorization, or renewal thereof, issued by the franchising authority,
whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate or
otherwise, which authorizes construction and operation of the cable communication system for the
purpose of offering cable service or other service to subscribers.
Franchisee or operator means the person, firm or corporation to whom or which a franchise is granted
by the council under this article and the lawful successor, transferee or assignee of said person, firm or
corporation subject to such conditions as may be defined in city ordinance.
Gross annual receipts means the annual gross receipts received by a franchisee directly or indirectly
from its subscribers for the provision of communications services including but not limited to revenues
from Home Shopping Network and advertising, data, telephone, interactive services, late fees, and
excluding but not limited to bad debts, refundable deposits, and any sales, excise or other taxes collected
for direct pass-through to local state or federal government. The franohise fee payable by a franchisee to
the oity on gross annual reoeipts deri'led from allY ney;, non cable television related pregramming
product or other communication services such as interacti'."e, data, telephone transmission or other
communioation products or servioes, whioh is delivered to the subseriber by using publio rights of way,
shall be at the same rate as the fee, tax, assessment or other reveIRle payable to the oity by other previders
of the same product or servioe within a franchisee's franchise service area. "\s used in th.is section, a
nonprogramming product or service shall be considered new if a franchisee was not already pro'liding it
as of the enactment of its franohise.
Headend means the electronic equipment located at the start of a cable system, usually including
antennas, preamplifiers, frequency converters, demodulators and related equipment.
Ordinance No. 09-600
Page 9 of 17
Installation means the connection of the cable communication system from feeder cable to subscribers'
terminals.
Institutional networks (I-Nets) means a cable communications system designated principally for the
provision of non-entertainment services to public schools, or public agencies such as public libraries
separate and distinct from the subscriber network, or on secured channels of the subscriber network.
Interactive services means services provided to subscribers where the subscriber either
(1) both receives information consisting of either television or other signals and transmits signals
generated by the subscriber or equipment under his/her control for the purpose of selecting what
information shall be transmitted to the subscriber or for any other purpose; or (2) transmits signals to any
other location for any purpose.
Office means the person or entity designated by the city as being responsible for the administration of a
franchise for the city.
Property of franchisee means all property owned, installed or used by a franchisee in the conduct of its
business in the city.
Proposal means the response, by an individual or organization, to a request by the city regarding the
provision of cable services; or an unsolicited plan submitted by an individual or organization seeking to
provide cable services in the city.
Publio right of way or street means the land owned, dedieated or eOlweyed to the eity or a lffiit ef
government, inoluding, but Ret limited to, any publio alley, bouh:l'l'ard, lane, ''lay, plaoe, OO'le, easement,
right of ''lay or sidewalk, or any portion thereof, under the jurisdietieR efthe oity.
Subscriber means a person~ er entity~ or user of the oaale system who lawfully receives cable services
or other service therefrem from a cable system with the franchisee's express permission.
(Ord. No. 95-239, 9 1,8-1-95)
SECTION 12. Chapter 9, Article XI, Section 9-716, of the Federal Way City Code shall be
amended to read as follows:
9-716 Franchise fee.
A franchisee shall pay to the city a quarterly estimate as a franchise fee no later than 45 days following
the end of such quarter, equal to a percentage of gross annual receipts for the preceding three months.
Interest shall accrue if not paid by 45 days from the end of the quarter. Such remittances shall be
accompanied by forms furnished by the city to report detailed information as to the sources of such
income. The franchise fee payable by a franchisee to the city on gross annual receipts derived from any
new, non-cable-television-related programming product or other communication services such as
interactive, data, telephone transmission or other communication products or services, which is delivered
to the subscriber by using public rights-of-way, shall be at the same rate as the fee, tax, assessment or
other revenue payable to the city by other providers of the same product or service within a franchisee's
franchise service area. As used in this section, a nonprogramming product or service shall be considered
new if a franchisee was not already providing it as of the enactment of its franchise.
(Ord. No. 95-239, S 16,8-1-95)
SECTION 13. Chapter 14, Article II, Section 14-67, of the Federal Way City Code shall be
amended to read as follows:
14-67 Definitions.
The definitions of "selliHg prioe," "seller," "buyer," "ooRsumcr," and all other definitions as are Rew
oontained in RCW 82.08.010 are adopted and apply throughout this chapter unless the context clearly
requires otherwise., and subsequent amendments thereto, are adopted as the definitiens f{)r the tax levied
in this ehapter.
Ordinance No. 09-600
Page 10 of 17
(Ord. No. 99-335, S 2,2-16-99)
SECTION 14. Chapter 14, Article IV, Section 14-131, of the Federal Way City Code shall be
amended to read as follows:
14-131 Definitions.
For purpose of this division the words and phrases used in this section shall have the f.ellowing
meanings unless the conteKt otherwise indicates: The definitions in this section apply throughout this
chapter rTitle 1 unless the context clearly requires otherwise. Terms not defined here are defined according
to FWCC 1-2.
Director shall mean means the management services director or other person other em131eyee er agent
of the city designated by the city manager.
(Ord. No. 02-432, S 1, 11-19-02)
SECTION 15. Chapter 14, Article V, Section 14-171, of the Federal Way City Code shall be
amended to read as follows:
14-171 Definitions.
In construing the provisions of this chapter, the following definitions SHan be applied: The definitions
in this section apply throughout this article unless the context clearly requires otherwise. Terms not
defined here are defined according to FWCC 1-2.
fB Gross income means the value proceeding or accruing from the sale of tangible property or
service, and receipts (including all sums earned or charged, whether received or not), by reason of the
investment of capital in the business engaged in, including rentals, royalties, fees, or other emoluments,
however designated (excluding receipts or proceeds from the use or sale of real property or any interest
therein, and proceeds from the sale of notes, bonds, mortgages, or other evidences of indebtedness, or
stocks and the like) and without any deduction on account of the cost of the property sold, the cost of
materials used, labor costs, interest or discount paid, or any expense whatsoever, and without any
deduction on account of losses, including the amount of credit losses actually sustained by the taxpayer
whose regular books or accounts are kept upon an accrual basis.
~ Cable service means:
a. A system providing service pursuant to a franchise issued by the city under the Cable
Communications Policy Act of 1984 Public Law No. 98-549,47 USC Section 521, as it may be amended
or superseded; and or
b. Any system that competes directly with such franchised system by employing antennae,
microwave, wires, wave guides, coaxial cables, or other conductors, equipment or facilities designed,
construed or used for the purpose of:
1. Collecting and amplifying local and distant broadcast television signals and distributing and
transmitting them;
2. Transmitting original cablecast programming not received through television broadcast
signals; or
3. Transmitting television pictures, film and videotape programs not received through
broadcast television signals, whether or not encoded or processed to permit reception by only selected
recelvers~-;-
pro'.ided, hO'Never, that "eable Cable television service" shall not include television entities that are
subject to charges as "commercial TV stations" under 47 USC Section 158.
Ordinance No. 09-600
Page 11 of 17
~ Cellular telephone service means two-way voice and data telephone/telecommunications system
based in whole or substantially in part on wireless radio communications and which is not subject to
regulation by the Washington Utilities and Transportation Commission (WUTC). This includes cellular
mobile service. The definition of cellular mobile service includes other wireless radio communications
services such as specialized mobile radio (SMR), personal communications services (PCS) and any other
evolving wireless radio communications technology which accomplishes the same purpose as cellular
mobile service.
~ Competitive telecommunication service means the providing by any person of
telecommunications equipment or apparatus, or service related to that equipment or apparatus such as
repair or maintenance service, if the equipment or apparatus is of a type which can be provided by
persons that are not subject to regulation as telephone companies under RCW Title 80 and for which a
separate charge is made.
tB Designated official means an agent or employee designated by the city manager. sueR oity
employee or agent as the city managCi" shall designate.
(6) Network telecommunication service means the providing by any person of access to a local
telephone network, local telephone network switching service, toll service, or coin telephone services.;., or
the providing of telephonic, video, data, pagers, or similar communication or transmission for hire, via a
local telephone network, toll line or channel, cable, microwave, or similar communication or transmission
system. "Network telecommunication service" includes interstate service, including toll service,
originating from or received on telecommunications equipment or apparatus in this state if the charge for
the service is billed to a person in this state. "Network telecommunication service" does not include the
providing of competitive telecommunication service, the providing of cable television service, nor the
providing of broadcast services by radio or television stations.
f1t Telecommunications company includes every corporation, company, association, joint stock
association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever,
and every city or town owning, operating or managing any facilities used to provide telecommunications
for hire, sale, or resale to the general public within this state.
f81 Telecommunication business means the business of providing network telecommunication
service, as defined in this section. It includes cooperative or farmer line telephone companies or
associations operating an exchange.
f9t Telecommunication service means competitive telecommunication service or network
telecommunication service, or both, as defined in this section.
fWt-Solid waste means garbage, trash, rubbish, or other materials discarded as worthless or not
economically viable for further use. The term does not include hazardous or toxic waste, and does not
include yard waste or material collected primarily for recycling or salvage.
(Ord. No. 95-257, S 1, 12-19-95; Ord. No. 96-262, S 1,2-20-96)
SECTION 16. Chapter 14, Article VI, Section 14-210, of the Federal Way City Code shall be
amended to read as follows:
14-210 Definitions.
The follo\'/ing words and terms shall have the following meanings for the purposes of this title, Uflless
the context clearly requires otherwise. The definitions in this section apply throughout this article unless
the context clearlv requires otherwise. To the extent they do not conflict with this section. the definitions
in RCW 82.02.090 are adopted and apolv throughout this chapter unless the context clearlv requires
otherwise. Terms not defined here or in RCW 82.02.090 are defined according to FWCC 1-2. +emls
otherwise not defined herein shall be defined pursuant to RCW 82.02.990, or given their usual and
e1:lstemary meaning.
fB Capital facilities plan means the district's capital facilities plan adopted by the school board
consisting of:
Ordinance No. 09-600
Page 12 of 17
a. A forecast of future needs for school facilities based on the district's enrollment projections;
b. The long-range construction and capital improvements projects of the district;
c. The schools under construction or expansion;
d. The proposed locations and capacities of expanded or new school facilities;
e. At least a six-year financing plan component, updated as necessary to maintain at least a six-
year forecast period, for financing needed school facilities within projected funding levels, and
identifying sources of financing for such purposes, including bond issues authorized by the voters and
projected bond issues not yet authorized by the voters;
f. Any other long-range projects planned by the district; and
g. A fee schedule indicating the standard impact fee amount per dwelling unit type.
(2) City means the eity of Federal V'lay, a 'Washington mrmicipal corporation.
~ Classrooms meatTS mean educational facilities of the district required to house students for its
basic educational program. The classrooms are those facilities the distriet determines are Becessary to best
serve its studeflt population. Specialized facilities as identified by the district, including but not limited to
gymnasiums, cafeterias, libraries, administrative offices, and child care centers, shall not be counted as
are not classrooms.
(4t Construction cost per student means the estimated cost of construction of a permanent school
facility in the district for the grade span of school to be provided, as a function of the district's design
standard per grade span and taking into account the requirements of students with special needs.
~ Design standard means the space required, by grade span and taking into account the requirements
of students with special needs, which is needed in order to fulfill the educational goals of the district as
identified in the district's capital facilities plan.
tat Developer means the person or entity who owns or holds purchase options or other development
control over property for which development activity is proposed.
~ Development activity means any residential construction or expansion of a building, structure or
use, any change in use of a building or structure, or any change in the use of land that creates additional
demand for school facilities.
f81-District means the Federal Way School District No. 210, King County, Washington.
f9t Elderly means a person aged 62 or older.
fWj Encumbered means to reserve, set aside, or otherwise earmark the impact fees in order to pay for
commitments, contractual obligations, or other liabilities incurred for public facilities.
~ Fee schedule means the schedule set forth in the district's capital facilities plan adopted by
reference by the city indicating the standard fee amount per dwelling unit that shall be paid as a condition
of residential development within the city.
fH) Grade span means the categories into which a district groups its grade of students, i.e.,
elementary school, middle or junior high school, and high school.
~ Interlocal agreement means the interlocal agreement by and between the city and the district as
authorized in FWCC 14-217.
fl-4f Permanent facilities means the facilities of the district with a fixed foundation which are not
relocatable facilities.
8-A Relocatable facility means any factory-built structure, transportable in one or more sections, that
is designed to be used as an education space and is needed to prevent the overbuilding of school facilities,
to meet the needs of service areas within the district, or to cover the gap between the time that families
move into new residential developments and the date that construction is completed on permanent school
facilities.
~ Relocatable facilities cost per student means the estimated cost of purchasing and siting a
relocatable facility in the district for the grade span of school to be provided, as a function of the district's
design standard per grade span and taking into account the requirements of students with special needs.
fl-+j Site cost per student means the estimated cost of a site in the district for the grade span of school
to be provided, as a function of the district's design standard per grade span and taking into account the
requirements of students with special needs.
Ordinance No. 09-600
Page 13 of 17
~ Standard of service means the standard adopted by the district which identifies the program year,
the class size by grade span and~ taking into account the requirements of students with special needs, the
number of classrooms, the types of facilities the district believes will best serve its student population,
and other factors as identified by the district. The district's standard of service shall not be adjusted for
any portion of the classrooms housed in relocatable facilities which are used as transitional facilities or for
any specialized facilities housed in relocatable facilities. Except as otherwise defined by the school board
pursuant to a board resolution, transitional facilities shall mean those facilities that are used to cover the
time required for the construction of permanent facilities called for in the capital facilities plan; pro'fided,
that; where the district has the necessary financial commitments in place to complete the permanent
facilities oalled for in the eapital faoilities plan.
fl-9t Student factor means the number derived by the district to describe how many students of each
grade span are expected to be generated by a dwelling unit. Student factors shall be based on district
records of average actual student generation rates for new developments constructed over a period of not
more than five years prior to the date of the fee calculation; provided, that, if unless such information is
not available in the district, in which case data from adjacent districts, districts with similar demographics,
or county-wide averages may be used. Student factors must be separately determined for single-family
and multifamily dwelling units, and for grade spans.
(Ord. No. 95-249, S 1, 11-21-95)
SECTION 17. Chapter 14, Article VII, Section 14-231, of the Federal Way City Code shall be
amended to read as follows:
14-231 Definitions.
lR eeRstruing the pro'lisions of this artiele, the following defmitieRs shall be applied: The definitions in
this section apply throughout this article unless the context clearly requires otherwise.
fB Assessor means the King County assessor.
~ Director means the director of the Federal Way community development services department, or
any other city office, department or agency that shall succeed to its functions with respect to this article,
or his or her authorized designee.
~ Multifamily housing means a building or townhouse having four or more dwelling units designed
for permanent residential occupancy.
(4j Owner means the property owner of record.
~ Permanent residential occupancy means multifamily housing that provides either rental or owner
occupancy for a period of at least one month. This excludes hotels and motels that predominantly offer
rental accommodation on a daily or weekly basis.
f6t Residential targeted area means the city center core and frame zones, as designated by the city
council pursuant to this article.
(Ord. No. 03-438, S 2, 2-18-03)
SECTION 18. Chapter 17, Article II, Section 17-26, of the Federal Way City Code shall be
amended to read as follows:
17-26 Definitions.
The folle'Ning '.'lords, terms and phrases, when used in this artiole, shall have the meanings ascribed to
them in this seotion, exeept where the context clearly indicates a different meaning: The definitions in this
section apply throughout this article unless the context clearly requires otherwise. Terms not defined here
are defined according to FWCC 1-2.
Ordinance No. 09-600
Page 14 of 17
Affiliated taxicab means shall mean a taxicab associated with a group of taxicabs having multiple
owners and operating under the same color or other identification scheme, all of which must operate
under an identical schedule of rates and charges.
Affiliation representative means shall mean the individual or organization who has the authority to file
rates for a group of affiliated taxicabs.
Audit means shall mean verification of reported costs and revenues by review of business records,
including but not limited to accounts, receipts and reports filed with other governmental agencies.
Director means shall mean the director of the county department of executive administration.
Enforcement officer means shall mean the director and his or her duly authorized representative.
~Engage in the business Business of operating any taxicab or for-hire vehicle '{chiole for hire" means
shall mean the pickup and transportation of any fare paying passenger from a point within the
geographical confines of the city, \.'{hether or not regardless of where the vehicle is dispatched from a
taxicab stand Of office within aRY ather municipal corporatioR, aRd whether af HOt or where the ultimate
destination or route of travel is~ ',vitmR the confines of the city; J3royided, that Bathing in this artiele shall
be construed to apply to This definition does not include taxicabs or for-hire vehicles licensed by any
other municipal corporation and transporting passengers from a point within the licensing municipality to
a destination outside thereof, whether or not the ultimate destination or route traveled is within the city.
For-hire driver means shall mean any person in charge of or driving a taxicab or for-hire vehicle
carrying passengers or baggage for hire-,-; provided, flowe'ler, that the pro'nsions of this article shall This
definition does not apply to drivers of motor vehicles operated by any licensed municipal or privately
owned, lieensed transit system.
For-hire vehicle means shall mean and include every motor vehicle~ other than a "sightseeing car,"
"charter bus~" or one used by ~hotel or motel k-eepers exclusively to convey their guests to and from
hotels or motels free of charge or reward, used for the transportation of passengers for-hire, and not
operated exclusively over a fixed and definite route~; pro'lided, howe'ier, that this This definition does not
include a motor vehicle with a seating capacity, including the driver, not exceeding 15 persons which
operates to transport passengers between their places of abode or termini near such places, and their
places of employment, in a single, daily round trip where the driver is also on the way to or from his or
her place of employment.
Labor costs means shall mean salaries or wages paid by taxi owners to taxi drivers or the portion of the
draw taken by a taxi owner to represent his or her compensation for driving the taxicab. If, in the opinion
of the director, labor costs are under reported, this information may be supplemented by the director with
an index of wages in comparable industries.
Licensed vehicle means shall mean any taxicab that has been issued a for-hire vehicle license under
this article. Any transfer of for-hire vehicle licenses for a licensed vehicle shall be for the transfer of all
for-hire vehicle licenses issued to such vehicle. If the transfer is for one for-hire vehicle license only, the
remaining for-hire vehicle licenses shall be considered abandoned and nonrenewable or nontransferable
and shall be surrendered.
Licensee means shall mean all applicants, including affiliation representative, required to license
taxicabs or for-hire vehicles under the provisions of this article.
Motor vehicle means shall mean every self-propelled vehicle by or upon which any person may be
transported or carried upon a public street, highway~ or alley~; provided, that '.'ehicles Motor vehicle does
not include vehicles used exclusively upon stationary rail tracks or propelled by the use of overhead
electric wires shall not eome under the provisions of this artiele.
Special rate means shall mean discounted rates for the elderly and handicapped.
Special services vehicle means shall mean a vehicle equipped to accommodate and which is used for
the transportation of handicapped persons. The term "handicapped" means any person who is physically
or mentally disabled who has an identification card issued by a governmental agency which describes the
handicap and also has medical certification that the handicap limits the person's activities, functioning
and ability to use public transportation facilities.
Ordinance No. 09-600
Page 15 of 17
Taxicab means shall mean every motor vehicle used for the transportation of passengers for-hire,
where the route traveled or destination is controlled by a customer and the fare is based on an amount
recorded and indicated on a taximeter, or on a special fare rate or contracted agreement as permitted by
this article.
Taximeter means shall mean any instrument or device by which the. charge for hire of a passenger
carrying vehicle is measured or calculated either for the distance traveled by such vehicle or for waiting
time, or for both, and upon which such calculated charges shall be indicated by means of figures.
(Ord. No. 90-27, S 1(6.64.010),2-13-90)
SECTION 19. 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 ofthis chapter or its
application to any other 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 20. Concurrent Legislation. Currently pending ordinances or resolutions may amend
the same sections as does this one; changes made in this ordinance are intended to be in addition to any
changes made by any other ordinance or resolution, this ordinance is not intended to repeal, reenact, or
modify portions of the section that are enacted, repealed, or modified by any other ordinance or
resolution.
SECTION 21. 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 22. Ratification. Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
Ordinance No. 09-600
Page 16 of 17
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!
i -
SECTION 23. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this 6th day of January, 2009.
ATTEST:
~ m591dl~
CITY CLERK, C OL CNEILL C
APPROVED AS TO FORM:
c~LY~~HARDSON
FILED WITH THE CITY CLERK: 11-20-2008
PASSED BY THE CITY COUNCIL: 01-06-2009
PUBLISHED: 01-10-2009
EFFECTNE DATE: 02-09-2009
ORDINANCE NO.: 09-600
CITY OF FEDERAL WAY
Ordinance No. 09-600 . Page 17 of 17