PRHSPSC PKT 05-14-2001
City of Federal Way
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE
May 14,2001
12:00 p.m.
City Hall
Mt. Baker Conference Room
..;:
!~
AGENDA
1.
2.
CALL TO ORDER
PUBLIC FORUM
Action
Action
Action
Bye
Kirkpatrick
Kirkpatrick
3.
4.
COMMISSION COMMENTS
APPROV AL OF APRIL 9, 2001 SUMMARY
COMMITTEE BUSINESS
A. 2001 Human Services Commission Work Plan
B. Request for Purchasing Authority - Holsters & Fireanns
C. Ordinance Amending Chapter 15 of the Federal Way
City Code by Adopting State Statutes and Authorizing
Dept. of Public Safety to appoint Volunteers to enforce
Parking for Disabled Persons.
D. Ordinance Amending Federal Way City Code, Chapter
2 Authorizing Limited Commission Officers
E. Adding a new Article to Chapter 15 of the Federal Way
City Code, Authorizing Impoundment of Vehicles Driven
by Suspended or Revoked Drivers.
F. Ordinance Amending Federal Way City Code, Animals
Chapter 4
G. Ordinance Adding a New Section to and Amending the
Federal Way City Code, Criminal Chapter 6
H. Celebration Park Banner Program
1. 200112002 Parks Commission Work Plan
J. Skate Park Bid Award
K. Final Approval and Acceptance for Sacajawea Soccer Field
Improvement RFB 00-006 and to release project
retain age of the general Contractor, Tydico Inc.
L. Poverty Bay Park Easement Request
M. Facility Feasibility Study and Tourism Development
PlanlNext Step
Action
Kirkpatrick
5.
6.
7.
NEXT MEETING - Monday, June 11,2001
ADJOURNMENT
Action
Kirkpatrick
Action
Kirkpatrick
Action Kirkpatrick
Action Schroder
Action Schroder
Action J ainga
Action J ainga
Action Schroder
Discussion Schroder
Committee Members:
Jeanne Burbidge, Chair
Michael Hellickson
Dean McColgan
Staff:
Jennifer Schroder, Director
Mary Jaenicke, Administrative Assistant II
661-404 ¡
City of Federal Way
City Council
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Monday, April 09,2001
12:00 p.m.
SUMMARY
In attendance: Council Committee members Jeanne Burbidge, Chair; Michael Hellickson, and Dean McColgan,
Deputy Mayor Linda Kochmar. Staff: David Moseley, City Manager; Laura Camden, Police Services Budget
Coordinator; Ann Guenther, Human Services Manager; Derek Matheson, Assistant City Manager; Pat Richardson,
Deputy City Attorney; Jennifer Schroder, Director of Parks, Recreation and Cultural Services; Mary Jaenicke,
Administrative Assistant II.
Guests: C.T. Purdom, David Kaplan, Karen Pettingell.
Chair Burbidge called the meeting to order at 12:01 p.m.
PUBLIC FORUM
None
COMMISSION COMMENTS
Vice Chair C.T. Purdom stated that the Parks and Recreation Commission is down to five members. The
commission met last week, and are working on plans for the coming year. Those plans include establishing criteria
for the acquisition of property, outlining the orientation process and once they have a full commission, they will
tour all the properties.
APPROVAL OF SUMMARY
DEAN McCOLGAN AND MICHAEL HELLICKSON MOVED AND SECONDED TO APPROVE THE
MARCH 12, 2001 MEETING SUMMARY AS WRITTEN. MOTION PASSED.
BUSINESS ITEMS
Cabin Park Project:
Jennifer Schroder reported that the City of Federal Way Parks, Recreation & Cultural Services Department have
completed the construction documents for phase one of the gravel trail extension. At this time, staff requests
approval to go out to bid for the trail portion only. Additional information is required by Community Development
to complete the design fro surface water elements. The construction budget is $75,000 with $25,000 being funded
by the City, and $50,000 being funded by the state. Michael Hellickson asked staff what their take is on the
concerns from the Friends of the Hylebos. City Manager David Moseley stated that part of the concern came from
Chris Carrel who was surprised about the iterns that the city requires applicants to submit for permits.
MCCOLGAN AND HELLICKSON MOVED AND SECONDED A MOTION TO APPROVE TO
PUBLICLY ADVERTISE PHASE ONE CONSTRUCTION OF THE CABIN PARK PROJECT, GRAVEL
TRAIL EXTENSION AS AMENDED AND FORWARD TO FULL COUNCIL AND PLACE THIS ITEM
UNDER CONSENT AT THE APRIL 17,2001 COUNCIL MEETING. MOTION PASSED
Skate park Update:
Jenny Schroder wanted Council Committee to know that this project has not been forgotten. We should be receiving
the permit from Community Development this month. As soon as we have received the permit, Jenny will submit a
time line for this project to the Council Committee.
..
..
PARKS, RECREATION, HUMAN SERVICES
& PUBLIC SAFETY COUNCIL COMMITTEE
Monday, April 9, 2001 Summary
Page 2
2% for the Arts and BPA Trail:
Deputy City Attorney Pat Richardson stated that 2% for the Arts is not available for the BPA Trail. The intent of
the 2% for the arts funding is meant for parks where the public can gather.
Amendinl! Park Ref!ulations Ref!ardinf! Alcoholic Beveral!cs in a Public Space:
Jennifer Schroder stated that there has been a change in the state legis¡ature regarding alcoholic beverages in a
public space. The legislature reduced the penalty from a criminal infraction to a class 3 civil infraction. Therefore,
an amendment to the city's ordinance is required.
HELLICKSON AND McCOLGAN MOVED AND SECONDED A MOTION TO FORWARD THE
PROPOSED ORDINANCE, AMENDING ORDINANCE NO. 91-82, SECTION 11-64 OF ARTICLE II TO
CHAPTER 11 OF THE PARKS REGULATIONS, TO THE FULL CITY COUNCIL WITH A "DO PASS"
RECOMMENDATION. MOTION PASSED.
Office of Justice Prol!rams Bulletproof Vest Grant:
Laura Camden stated that in June of 1998 Congress made funds available to purchase vests. 50% of the vests have
been paid for by the Department of Justice. The department has earmarked funds from their Training Budget to
offset the required 50% local match. This opportunity is available again, The deadline is April 14, 2001. Dean
McColgan expressed concern that they are using funds budgeted for training, thereby taking away training
opportunities tòr the officers. Camden clarified that the funds are unspent training dollars carried forward from
2000 training expenditure.
HELLICKSON AND McCOLGAN MOVED AND SECONDED A MOTION TO APPROVE THE
REQUEST TO PURCHASE THE SECOND CHANCE VESTS AS AMENDED USING THE 2000
BULLETPROOF VESTA WARD IN THE AMOUNT OF $10,902.20 AND THE 2001 CARRY FORWARD
IN THE AMOUNT OF $11,935. MOTION PASSED.
McColgan would like staff to research the possibility of an Amateur Athletic/Performing Arts Center. Jenny
suggested reviewing the Hunter report. She will report back at the next meeting with information regarding what the
next step should be.
Hellickson asked Jenny if there was any way that we could use the schools more effectively for our Recreation
Programs. Jenny will report back at the next meeting with information regarding our current agreement with the
school district, and the city's current use of school facilities and a report on programs that we're not offering due to
facility limitations and! or staff resources.
NEXT MEETING
May 14,2001.
ADJOURNMENT
Meeting adjourned at 12:36 p.m.
I:O409sUM_PRCC
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Item S.A
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE
rt
Date:
From:
Via:
Subject:
May 7, 2001
Richard B e ilJ\ ~~man Services Commission
David Mosele, I ~'{VIanager
2001 Human rvices Commission Work Plan
Background
The Human Services Commission finalized their proposed 2001 work plan on April 16, 2001.
The plan is consistent with the Commission's roles and responsibilities as defined in City
ordinance #90-72 (see below). The work plan is submitted for Committee approval. I will be at
your May 14, 2001 meeting to present the work plan and answer any questions you may have
about the plan.
Human Services Commission Roles and Responsibilities
The Human Services Commission shall make reports and recommendations to the City Council
and City Manager concerning human services issues. Specific duties include:
1.
2.
3.
4.
5.
Develop and assess human services in the City;
Determine priorities of human services needs in the City;
Evaluate and make recommendations on funding requests submitted to the City;
Evaluate and review performance of individual human service agencies;
Review City actions which may affect the availability and quality of human service delivery
in the City and;
Coordinate with other groups and human services planning agencies and organizations.
6.
2001 Human Services Commission Work Plan
This year, the Commission delayed the development of the work plan until March and April, so
that the new Commissioners, appointed on February 20, 2001, could be involved in creating the
plan. Also for the first time this year, the Commission identified who would take the lead on
each of the projects. The plan below outlines the 2001 projects and the lead Commissioner or
staff for each project.
1.
Learn more about current human services needs and identify gaps in the human
services system. Lead: Commissioners Karen Pettingell, Jon Schmick, Don
Putman, Dave Baker
. Review available 2000 Census data and other reports relating to human services,
. Panel presentation from community providers including the City's Public Safety
Department and Department of Social and Health Services and/or;
. Host a community forum to gather information from citizens, churches, providers,
and others regarding human services needs in Federal Way.
2.
Learn about sub-regional human services planning efforts. lead: Staff
I
3.
4.
5.
6.
7.
8.
.
Presentation on the South King County Regional Domestic Violence Service System
Plan
Update on the work of the South King County Human Services Forum
.
Review the performance of contracted agencies (Human Services and Community
Development Block Grant - CDBG) on a quarterly basis. lead: Staff
The Commission will review the list of 2001-02 human services and CDBG funded
agencies and identify those they would like to hear presentations from this year.
Possible criteria for selecting presenters includes: agencies or programs that have
received City funding for the first time in 2001, agencies that have recently gone through
transitions or had contract performance problems, and agencies that receive a higher
level of City funding. lead: Staff
Tour human services agencies funded by the City. Commissioners will sign up to visit
the 34 programs funded by the City. Each Commissioner will visit at least two programs
and report back to the Commission by October 15, 2001. lead: All Commissioners
Conduct the 2002 Community Development Block Grant (CDBG) allocations process and
prepare recommendations for the Council. This includes review of the 2002 CDBG Pass-
Through Acceptance form and estimated funding available, review and evaluation of
applications, applicant interviews, deliberations, recommendations to the City Council, and
evaluation of the process. lead: Staff
Conduct a mid-biennium review of agencies that received 2001-02 Human Services
General Funding. Evaluate the performance of contracted agencies and make
recommendations to the City Council for any changes to the 2002 funding. lead: Staff
Develop partnerships with service clubs, churches, human services agencies, Federal
Way Public Schools and the Greater Federal Way Chamber of Commerce to increase
coordination and collaboration around human services issues. lead: Commissioners
Dave larson, Dave Baker, Julie A. Grant, and Keri Newport
. Explore the implementation of a human services telethon on the City's cable
channel with the City Council and staff.
. Consider using the City's cable channel to promote human services programs
funded by the City by showing agency videos on the channel.
Committee Recommendation
1.
2.
Move to approve the Human Services Commission's 2001 work plan, as proposed by the
Commission and forward to the full Council for approval on June 5, 2001.
Move to approve the Human Services Commission's 2001 work plan as amended by the
Committee and forward to the full Council for approval on June 5, 2001.
APPROVAL OF COMMITTEE REPORT:
Committee Chair
Committee Memb~r
Committee Member
2
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Item 5.B
City of Federal Way
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY
Date:
May 14,2001
From:
Parks, Recreation, Human Services & Public Safety Council Committee
Anne Kirkpatrick, Chief of Police ç [- f.
David ~anager
Request for Purchasing Authority - Holsters, and Firearms
To:
Via:
Subject:
Background:
The current holster issued to uniformed personnel provides limited retention capability in the event
the holster is unsnapped. Replacement of the holster is a safety issue for personnel to keep their
firearms secured in the holster and to provide protection from suspects who attempt to remove a
firearm from an officer's holster. For that reason, the Federal Way Department of Public Safety
requests authorization to expend funds to change holsters and Department issued firearms for
commissioned personnel.
~
The Department recommends transitioning from the issued Beretta 92F 9mm and Beretta 84F .380
weapons to the Glock series of semi-automatic fireanns. Commissioned officers will be able to
choose from five (5) different firearms in either the 9mm, .40, or .45 caliber models. A policy
change and transition to the Glock series of weapons offers the following benefits:
.
Different size and caliber of weapons offered to commissioned personnel to meet individual
officer needs and preferences.
.
Consistent functionality, training, and operation of all Department issued weapons carried in
uniform and non-unifonn assignments. .
.
Elimination ofthe opposing pistol systems currently experienced with the Beretta 92F and
84F weapons. Glock weapons offer a decocking system that is more fail-safe and less
susceptible to operator error.
.
Elimination of the Beretta 84F .380 as a Department issued non-unifonn duty weapon.
.
Training, accountability, and maintenance are enhanced by reducing the number of
Department issued firearms for uniform and non-uniform use from 146 to 105.
i/lc/agendaJps/200 I/O 5140 l/holstersandglocks
Parks, Recreation, Human Services & Public Safety Council Committee
May 14,2001
Page 2 of 2
Holsters and fireanns will be financed in the following manner:
-- - '--, - no
~émtèm.c~~
36,636.00
10,472.00
(32,850.00)
105
32
32
93.00
83.00
53.50
9,765.00
2,656.00
1,712.00
¥1ill€1~~~m.iJ~';~;;\<".>~\,:.~.//,'"...'.;'<.«(.',""',.',<t/',.. ',".'....,-..,.,..,.",.... ;í~t'.\~~'i
.tu..,~~~§jìi!fK~{~illm&~1!¡!1ì!t!l~I;:~ful', 'e",,"':f.:i ,,".'" ,..'.5~"...:.'&l~Mili.~
Estimated Shipping & Handling
1,267.50
Use Tax (8.8%)
1 ,355.24
~tti~lt~f~i1~Z1~1.~~'.T. .'.:~...",:-,... :J=}.~:=:~El--,"~::j.,=:.. ... . .,.,j.,'.:=.: ~ ..~ "'.', i(¡}z~§J]
-"',""'""'~.,,'...',,.'.~,"', '-",~,'.""""'"","'",'"",.,,,.~,""',','.~,,,"""""~""'~""""""""','~",',",'","-"",~,"~,~--"",
.,~... " .... - p""'."'",,',,"',,':',,,"'.,"",.,'.'ili(..;'Vì:-r..
.' j~.. ...,'.'. "..~~;'rr,g
~,', 5,' ""'.',".--'-C,.'..'~,',' '~,'-~~~,',',,',7~,.',',-c----,""'-'~'~~-~,~".,~-"-'-~"""""'7"l, "
i .', 'l'!1tím~. ,',',' <" ,'. ,'.. " ,','~ (':~tílÐ!:tûJ .. î$!1fl!,1
Drug Forfeiture FundlCIS Total
99 LLEBG Award/GIRT Total
Federal Forfeiture Fund Total
18,006.94
9,042.91
6,099.87
mrm"""',",';"'.n..~,.- "'/'n""'-"T~;<",."'pi'" <,c.' ...;...~,.""<..,:,..,.".....<,.,.",,.., ".'"r ".: '..," ,"">';<,",'."':';' ""]1
' 'IìJ:. 0", ,,')rro~,,',...,..,'...J,,':"'.,'.,. ' ", "",,'~~.:1~tD:ì'w.
' , -- ",.",."t~l.~ -, _,~"~,~~'L~'...",&,""",_..,.,_._;;.-,~..;_._,,"---,,,,"~..,-._~c""","'~,_~"....m"_""""~,"""""",,"',L,,,_,,:,,:,,'x,,ì
The recommended change in holsters and firearms will occur at the same time reducing costs
substantially if either change were made separately. The transition of holsters and firearms would be
incorporated into the Department's Firearms Training Program.
Committee Recommendation:
Motion to approve this request to purchase the Glocks, holsters, and cases in the amount of
$33,149.72 with the following identified funding sources, Drug Forfeiture; $18,006.94, LLEBG 99
Award; $9,042.91, and Federal Forfeiture Budget; $6,099.87, and forward to full Council for
consideration at its June 5, 2001 meeting.
'" .. ",' ,
APPROVAL OF COMMITTEE REPORT":"
Committee Chair
Committee Member
Committee Member
"..
i/lc/agendaJps/200 1/05140 I/holstcrsandg¡ocks
../.
Item S.C
City of Federal Way
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY
Date:
May 14, 2001
To:
Parks, Recreation, Human Services & Public Safety Council Committee
From:
Anne Kirkpatric'ì\Chief of Police C) (--1/.
David M~ty~anage-r
Request to Amend Federal Way City Code, Traffic and Vehicles, Chapter 15
(Ordinance Nos. 90-70,92 131,94-207,94-213,97-303)
Via:
Subject:
Background: Pursuant to the Traffic and Vehicles Code, Chapter 15, of the City of Federal Way, which was
last revised in 1997, the Department of Public Safety is requesting authorization for the adoption of this
ordinance solely to revise the existing City Traffic and Vehicles Code to reflect amendments, additions, or
deletions exhibited in the state statutes, the Revised Washington Code (RCW).
The purpose of this amendment is to bring current the City Traffic and Vehicles Code, Chapter 15 that was
adopted by the Federal Way City Council in 1990 and accordingly will require modifications. The State
Legislature has modified state law establishing certain misdemeanors to have become felonies and has
authorized the City to commission volunteers to enforce disabled parking violations. Specific changes are as
follows:
The following Codes are repealed:
1. Article I, Section 15-3, Displaying, or possessing of suspended or revoked driver's license or
identification card.
2. Article I, Section 15-11, State law - Crimes of abandonment of a dependent person in the third
degree, stalking and operating a motor vehicle in violation of trip permit requirements.
3. Article II, Section 15-34, Admissibility or refusal evidence.
4. Article II, Section 15-38, Assessment fee.
5. Article II, Section 15-39, Treatment
The following Codes are amended:
1. Article I, Section 15-1, Code adopted.
2. Article I, Section 15-4, Mandatory criminal traffic civil assessment.
The following Codes are new sections:
1. Article II, Section 15-31, Driving under the influence.
2. Article III, Section -' Parking privileges for disabled persons.
The adoption of this amendment is in the best interest for the City of Federal Way and its citizens.
Attached is the amended ordinance.
Committee Recommendation:
Motion to approve and adopt this ordif11nce amending the City of Federal Way Traffic and Vehicles Code,
Chapter 15, and forward to full Council for consideration at its June 5, 2001 meeting.
APPROV AL OF COMMITTEE REPORT:
Committee Chair
Committee Mèmber
Committee Member
i/lc/a~'.cllda/lJs/2()() 110'1 ¡ 40 1 leh 15 amcndtra nïecand vch iclcscodc.doc
/.
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-
\
ORDINANCE NO.
AN ORDINANCE OFTHE CITY COUNCIL OFTHE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 15
OF THE CITY OF FEDERAL WAY CITY CODE ADOPTING
ST ATE ST A TUTES AND AUTHORIZING THE
DEPARTMENT OF PUBLIC SAFETY TO APPOINT
VOLUNTEERS TO ENFORCE PARKING FOR DISABLED
PERSONS (Amending Ordinance Nos. 90-70,92-131,94-207,94-
213,97-303)
WHEREAS, the Federal Way City Council adopted the Traffic and Vehicles Code
Chapter 15 in 1990 and subsequently modified it; and
WHEREAS, the State Legislature has modified state law wherein certain violations of
law previously classified as misdemeanors are now classified as felonies; and
WHEREAS, the State Legislature authorizes the City to commission volunteers to
enforce disabled parking violations; and
WHEREAS, the City Council finds it is in the best interest of its citizens to update the
Traffic and Vehicles Code; and
WHEREAS, the City Council finds it is in the best interest of its citizens to authorize
volunteers to enforce disabled parking violations; NOW, THEREFORE,
THE CITY COUNCIL 'OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Article I Section 15-1 of the City of Federal Way Traffic and Vehicles
Code is amended as follows:
ORD#
-' PAGE 1
15-1 Code adopted.
The "Washington Model Traffic Ordinance," Chapter 308-330 WAC, including any future
additions to, and amendments and repeals thereof, is hereby adopted by reference, with the
exception of the following provisions:
(1) RCW 46.90.500 through 46.90.540, relating to bicycle licensing.
(2) RCW 46.90.555, relating to bicycles on sidewalks.
(3) RCW 46.90.418, relating to prohibition against crossing roadways in a business district.
(4) RCW 46.90.600 through 46.90.660, relating to parking meters.
(5) Reserved.
(6) RC\1,r 16.90.710, relating to maximum penalties.
(7) RC\V 46.61.515, relating to penalties for the offense of driving while under the influence of
intoxicating liquor or drug and physical control.
(&6) Reserved.
(97) Reserved. (Ord. No. 91-91, § 1,4-2-91; Ord. No. 92-163, § 1, 1-19-93; Ord. No. 94-212, § 1,6-
21-94; Ord. No. 95-243, § 1,9-5-95; Ord. No. 96-260, § 1, 1-16-96)
Section 2. Article I, Section 15-3 of the City of Federal Way Traffic and Vehicles
Code is repealed as follows:
15 3
Displaying or possessing of suspended or reyoked driver's license or
identification card.
(a) RCW 46.20.336 is hereby adopted by reference.
(b) Any person \vho violates the provisions of this section shall be guilty of a traffic
infraction and shall be punished by a penalty of not more than $250.00.
ORD#
, PAGE 2
"..
Section 2. Article I, Section 15-4 of the City of Federal Way Traffic and Vehicles Code
is amended as follows:
15-4 Mandatory criminal traffic civil assessment.
(a) In addition to the criminal penalty provided herein, any person found to have committed an
act designated as a criminal traffic violation under the provisions of this chapter shall be assessed
a civil penalty in the amount of$20.00. The funds collected from this civil penalty shall be
transmitted to the city of Federal Way traffic safety fund for the purpose of funding public safety
traffic improvements, including but not limited to installation of school safety signs, traffic safety
signs, traffic speed bumps, and all such other traffic safety-related expenses as may be incurred
by the city and authorized by the city council.
(b) For the purposes of this section, G:criminal traffic violations under the provisions of this
chapter" are defined to be the following:
~
(1)
Driving with the license from another state while suspended in Washington,
FWCC 15-1 (RCW 46.20.4W345);
(2)
Hit and run unattended, FW+CC 15-1 (RCW 46.52.020(£1);
(3)
Actual physical control of a motor vehicle while under the influence of
intoxicating liquor or drug, RCW 46.61.504;
(4)
Driving while under the influence of intoxicating liquor or drug, RCW
46.61.504;
(5)
Display or possess any fictional or fraudulently altered driver's license, l<CW
46.20.0921 (1);
ORD#
, PAGE 3
ORD#
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
Pennit unlawful use of driver's license or ill RCW 46.20.0921(6);
Driving while license suspended or revoked in the first degree (habitual traffic
offender), FWCC 15-1 (RCW 46.20.342(I)(a»;
Driving while license suspended or revoked in the second degree, FWCC 15-1
(RCW 46.20.342(l)(b»;
Driving while license suspended or revoked in the third degree, FWCC 15-1
(RCW 46.20.342(1)(c»;
Willful failure to stop, FWCC 15-1 (RCW 46.61.022);
Failure to surrender a suspended, revoked or cancelled driver's license or
identification card, FWCC 15-1 (RCW 46.20.0921(4»;
Lending an operator's license to another, FWCC 15-1 (RCW 46.20.0921(2»;
Negligent driving, FWCC 15-1 (RCW 46.61.525);
No valid operator's license, FWCC 15-1 (RCW 46.20.005);
Failure to surrender license, FWCC 15-1 (RCW 46.20.021(4»;
Violation of occupational driver's license, FWCC 15-1 (RCW 46.20.410);
Hit and run unattended or property damage, FWCC 15-1 (RCW 46.52.010);
Failure to register vehicle, FWCC 15-1 (RCW 46.16.010(1»;
Operating a motor veh~cle with suspended registration, FWCC 15-1 (RCW
46.29.605); and
, PAGE 4
.. ..
ORD#
(20)
(21)
(22)
Unlawful representation of driver's license or identification card, FWCC 15-1
(RCW 46.20.0921 (3» and
Operating a motor vehicle in violation of trip permit requirements, FWCC 15-
1 (RCW 46.16.160); and
Other criminal traffic violations as may be adopted in the Revised Code of
Washington;
all as they all now exist or as may be hereafter amended, deleted or added thereto.
Section 3. Article I, Section 15-11 of the City of Federal Way Traffic and Vehicles Code
is repealed as follows:
15-11 State law Crimes of abaBdoBment of a dependent person iu the third
degree, stalking and operating a motor vehicle in violatioB of trip permit
requiremcBts.
RCW 9A.12.080, 91\.12.090, 9A.46.110 and 46.16.160 as currently codified or as
hereafter amended, are hereby adopted by reference.
Section 4. Article IT, the following new Section is added as follows:
15-31 Drivin2 Under the Influence.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(1)
(2)
kCW 46.61.500, Reckless driving - Penalty.
RCW 46.61.502, Driving under the influence.
, PAGE 5
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
ORD#
RCW 46.61.503, Driver under twenty-one consuming a1cohol- Penalties.
RCW 46.61.504, Physical control of vehicle under the influence.
RCW 46.61.5054, Alcohol violators - Additional fee - Distributions.
RCW 46.61.5055, Alcohol violators - Penalty schedule.
RCW 46.61.5056, Alcohol violators - Infonnation school - Evaluation and
treatment.
RCW 46.61.50571. Alcohol violators - Mandatory appearances.
RCW 46.61.5058, Alcohol violators - Vehicle seizure and forfeiture.
RCW 46.61.506, Persons under influence of intoxicating liquor or drug-
Evidence - Tests - Infonnation concerning tests.
RCW 46.61.513, Criminal history and driving record.
RCW 46.61.5151, Sentences - Intermittent fulfillment - Restrictions.
RCW 46.61.5152, Attendance at program focusing on victims.
RCW 46.61.517, Refusal of alcohol test - Admissibility as evidence.
RCW 46.61.519. Alcoholic beverages - Drinking or open container in vehicle on
highway - Exceptions.
RCW 46.61.5195, Disguising alcoholic beverage container.
Section 4. Article II, Section 15-34 is repealed as follows:
15 34 Admissibility or refusal eyidence.
, PAGE 6
RCW 46.61.517, including all future amendments, additions or deletions, is
adopted by reference.
Section 5. Article II, Section 15-38 is repealed as follows:
15 38 Assessment fee.
(a) (l) In addition to penalties set forth in this act, a $125.00 fee shall be assessed to a person
';,rho is either convicted, sentenced to a lesser charge, or given deferred prosecution, as a result of
an arrest for violating F\VCC 15 31 or 15 32. This fee is for the purpose of funding the
Washington State Toxicology Laboratory and the \Vashington State Patrol breath test program.
(2) Upon a verified petition by the person œ:;sessed the fee, the court may suspend payment of all
or part of the fee if it finds that the person does not have the ability to pay.
(3) \Vhen a minor has been adjudicated ajuvenile offender for an offense 'Nhich, if committed by
an adult, '.vould constitute a violation ofFWCC 15 31 or 15 32, the court shall œ:;sess the
~f
$125.00 fee under subsection (a) of this section. Upon a verified petition by a minor assessed the
foe, the court may suspend payment of all or part of the fee if it finds that the minor does not
have the ability to pay the fee.
(b) The fee assessed under subsection (a) of this section shall be collected by the clerk ofthe
court and distributed as follo','.'s:
(1) Forty percent shall be subject to distribution under RCW 3.46.120, 3.50.100, 35.20.220,
3.62.020,3.62.040, or 10.82.070.
(2) If the case involves a blood test by the State Toxicology Laboratory, the remainder of the fee
shall be forwarded to the State Treasurer for deposit in the death investigations account to be
ORD#
, PAGE 7
used solely for funding the State Toxicology Laboratory blood testing program.
(3) Othcnvise, the remainder of the fee shall be fonvarded to the State Treasurer for deposit in
the state patrol highway account to be used solely for funding the Washington State Patrol breath
test program.
Section 6. Article II, Section 15-39 is repealed as follows:
15 39 Treatment.
ea) /'. person subject to alcohol assessment and treatment under this act shall be required by the
court to complete a course in an alcohol inf{mnation school approved by the Washington State
Department of Social and Health Services or to complete more intensive treatment in a program
approved by the Washington State Department of Social and Health Services, as determined by
the court. The court shall notify the Washington State Department of Licensing wheneyer it
orders a person to complete a course or treatment program under this section.
(b) A diagnostic evaluation and treatment recommendation shall be prepared under the direction
of the court by an alcoholism agency approved by the \Vashington State Department of Social
and Health Services or a qualified probation department a~roYed by the \Vashington State
Department of Social and Health Services. A copy of the report shall be forwarded to the
Washington State Department of Licensing. Based on the diagnostic evaluation, the court shall
determine whether the person shall be required to complete a course in an alcohol infonnation
school approved by the VI ashington State Department of Social and Health Services or more
intensi';e treatment in a program approved by the Washington State Department of Social and
Health Services.
ORD#
, PAGE 8
.. ,
(c) Standards for approval for alcohol treatment programs shall be prescribed by the Washington
State Department of Social and Health Services. The Washington State Department of Social and
Health Services shall periodically review the costs of alcohol information schools and treatment
programs.
(d) Any agency that provides treatment ordered under Lavis 1994, Chapter 275, Section 4,5 or 6,
shall immediately report to the appropriate probation department 'lihere applicable, otherwise to
the court, and to the Washington State Department of Licensing any noncompliance by a person
"lith the conditions of his or her ordered treatment. The court shall notify the \\'ashington State
Department of Licensing and the 'Nashington State Department of Social and Health Services or
any failure by an agency to so report noncompliance. J.^.ny agency with lmo"/ledge of
noncompliance that fails to so report shall be fined $250.00 by the Washington State Department
of Social and Health Services. Upon three such failures by an agency within one year, the
~
VI ashington State Department of Social and Health Services shall revoke the agency's approval
under this section.
(e) The Washington State Department of Licensing and the Vlashington State
Department of Social and Health Services may adopt such rules as are necessarj to carry out this
section.
Section 7. The following new section is added to Article ill:
Parkin1! Privile1!es for Disabled Persons.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 46.16.381, Special parking privileges for disabled persons - Penalties-
ORD#
,PAGE 9
Enforcement.
(b) RCW 46.16.581.
(c) The Department of Public Safety 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.
Section 8. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect
the validity of the remainder of the ordinance, or the validity of its application to other persons or
circumstances.
Section 9. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affinned.
Section 10. 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
,2001.
day of
CITY OF FEDERAL WAY
MAYOR, MICHAEL PARK
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
ORD#
, PAGE 10
"
APPROVED AS TO FORM:
CITY ATTORNEY, BOB C. STERBANK
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE D ATE:
ORDINANCE NO.
K:\ORDIN\chapter 15update
Revised 4/16/01
~
ORD#
,PAGEll
Item S.D
City of Federal Way
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY
Date:
May 14,2001
To:
Parks, Recreation, Human Services & Public Safety Council Committee
From:
Anne Kirkpatrick, Chief of Police, 7 1.'IL /
l../\
David Mo+,anager
Request to Amend Federal Way City Code, Administration, Chapter 2
Via:
Subject:
Background: Pursuant to the Administration Code, Chapter 2, of the City of Federal Way, which
was last revised in 1996, the Department of Public Safety is requesting authorization for the adoption
of this ordinance solely to revise the existing City Administration Code to reflect amendments,
additions, or deletions exhibited in the state statutes, the Revised Washington Code (RCW).
The purpose ofthis amendment is to bring current the City Administration Code, Chapter 2 that was
adopted by the Federal Way City Council in 1990 and accordingly will require modifications
including adding a new section titled Limited Commission Officers to Article IV, Officials, Officers
and Employees.
15
Police Support Officers will be given limited commission to allow for specific law enforcement.
With the limited commission authorization, Police Support Officers will target vehicle impounds,
issuance of civil infÌactions, arrest of escaped prisoners and/or suspects while transporting prisoners
and/or suspects to jail, and investigate, arrest and assist in traffic accidents.
As authorized by the following state statutes:
1. RCW 46.55.080, Law enforcement impound, private impound, etc. (1) If a vehicle is in
violation of the time restrictions of RCW 46.55.010(13), it may be impounded by a
registered tow truck operator at the direction of a law enforcement officer or other public
official with jurisdiction, etc.
2. RCW 7.80.040, "Enforcement officer" defined. As used in this chapter, "enforcement
officer" means a person authorized to enforce the provisions of the title or ordinance in
which the civil infraction is established.
3. Infraction Rules for Courts of Limited Jurisdiction (IRLJ):
Rule 1.2 Definitions, U) "Citing Officer" means a law enforcement officer or other
official authorized by law to issue a notice of infraction.
Rule 2.2 Initiation ofInfraction Cases, (b) Who May Issue, etc., (l) By a citing officer.
(2) By the prosecuting authority. (c) Service of Notice. A notice of infraction may be
served either by: (1) The citing officer serving the notice of infraction on the person, etc.,
(2) The citing officer affixing to a vehicle in a conspicuous place the notice of a traffic
infraction, etc., (3) The citing officer or the prosecuting authority filing the notice of
infraction with the court, etc.
i/lc/agcnda/ps/200 I /05 ¡ 40 ¡ /ch2ltdcomll1issionedofcsall1cnddoc
PRHS&PS Hearing
May 14,2001
Page 2 of2
4. WAC 308-330-230, Traffic division to investigate accidents. It shall be the duty of the
traffic division, assisted by other members of the police department, to investigate traffic
accidents, to arrest, and to assist in the prosecution ofthose persons charged with violations
of law causing or contributing to such accidents.
The adoption of this ordinance is in the best interest ofthe citizens of Federal Way and supports the
City Council's desire to maximize law enforcement.
Attached is the amended ordinance.
Committee Recommendation:
Motion to approve and adopt this ordinance amending the City of Federal Way Administration Code,
Chapter 2, and forward to full Council for consideration at its June 5, 2001 meeting.
APPROVAL OF COMMITTEE REPORT:
Committee Chair
Committee Member
Committee Member
....
i/lc/agcnda/ps/200 I 105 140 l/ch21tdcol1ll1lissioncdofcsal1lcnd.doc
ORDINANCE NO.
AN ORDINANCE OFTHE CITY COUNCIL OFTHE CITY OF
FEDERAL WAY, WASHINGTON, ADDING A NEW SECTION
TO CHAPTER 2 AUTHORIZING LIMITED COMMISSIONED
OFFICERS TO ISSUE INFRACTIONS, IMPOUND
UNAUTHORIZED VEHICLES, ARREST PRISONERS
AND/OR SUSPECTS WHO ESCAPE DURING TRANSPORT,
AND INVESTIGATE, AND ASSIST IN TRAFFIC
ACCIDENTS.
WHEREAS, RCW 46.55.080 provides that the City Council may authorize a public
official to impound unauthorized vehicles as defined in RCW 46.55.010(13) as currently codified or
hereafter amended; and
WHEREAS, the RCW 7.80.040 and court rules oflimited jurisdiction for infractions
1.2(j), 2.2(b) and 2.2( c) as currently codified or hereafter amended authorize a commissioned law
~i
enforcement officer or other authorized public official to issue a notice of infraction; and
WHEREAS, the Washington Model Traffic Ordinance 308-330-230 and Federal Way
City Code 15-1 authorize non-commissioned employees of the Department of Public Safety to
investigate traffic accidents, and assist in the prosecution ofthose charged with violating the law or
contributing to such accident; and
WHEREAS, the Department of Public Safety transports prisoners and/or suspects to
jailor to court; and
WHEREAS, the Department of Public Safety employs Police Support Officers, whom
have received training but are not commissioned to enforce any laws; and.
WHEREAS, the City Council desires to maximize the law enforcement in the City by
ORD#
, PAGE 1
authorizing limited commission officers to issue infractions, impound unauthorized vehicles, arrest
prisoners and/or suspects who escape during transport and investigate, and assist in traffic accidents;
and
WHEREAS, the City Council finds that it would be in the best interest of the City to
bestow a limited commission on the Police Support Officers to allow them to issue infractions,
impound unauthorized vehicles, arrest prisoners and/or suspects who escape during transport and
investigate, and assist in traffic accidents; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The following new section is added to Article IV of Chapter 2 of the
Federal Way City Code:
Limited Commission Officers.
Police Support Officers shall have the limited authority to:
(a) Impound unauthorized vehicles pursuant to RCW 46.55.010(13) as currently codified or
hereafter amended, and pursuant to any ordinance adopted under RCW 46.55.113;
(b) Issue civil infractions as set forth in Title 7.80 RCW, IRLJ 1.2(j), 2.2(b) and 2.2(c) as
currently codified or hereafter amended; and
(c) To arrest prisoners and/or suspects who escape while being transported by Police Support
Officers.
(d) To investigate, and assist in traffic accidents.
Section 2. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion ofthis
ORD#
, PAGE 2
"'..
ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect
the validity of the remainder of the ordinance, or the validity of its application to other persons or
circumstances.
Section 3. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affinned.
Section 4. Effective Date. This ordinance shall take effect and be in force thirty (30)
days from the time of its final passage, as provided by law.
PASSED by the City Council of the City of Federal Way this
,2001.
day of
CITY OF FEDERAL WAY
MAYOR, MICHAEL PARK
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
ORD#
, PAGE 3
APPROVED AS TO FORM:
CITY ATTORNEY, BOB C. STERBANK
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K: \0 RD\limitedcommiss ion
Revised 4/11/01
ORD#
, PAGE 4
--
..
Item 5.E
City of Federal Way
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY
Date:
May 14,2001
To:
Via:
David
From:
Subject:
Request to Add a New Article to Chapter 15 of the Federal Way City Code,
Authorizing Impoundment of Vehicles Driven by Suspended or Revoked Drivers
Back2round: Pursuant to the Traffic and Vehicles Code, Chapter 15, of the City of Federal Way, the
Department of Public Safety is requesting authorization for the adoption of this ordinance solely to revise the
existing City Traffic and Vehicles Code to reflect amendments, additions, or deletions exhibited in the state
statutes, the Revised Washington Code (RCW).
The purpose of this addition is to bring current the City Traffic and Vehicles Code, Chapter 15 that was
adopted by the Federal Way City Council in 1990. In Washington Laws 1998, Chapter 203, section 4, the
Legislature adopted certain findings concerning the threat to public safety posed by drivers with suspended
and/or revoked driver's licenses. The Legislature through RCW 46.55.113 authorizes Washington cities
and towns to adopt ordinances providing for impoundment of vehicles of drivers arrested for driving with a
suspended or revoked license.
~.
The ordinance will empower the police to impound vehicles for individuals arrested driving with a
suspended or revoked license. This ordinance will also serve as a deterrent to offenders who drive without
a valid license, and the impoundment period will increase with the severity of the offense increasing the
cost to the violator to retrieve their vehicle. The outcome will be an ordinance which penalizes the
offender, removes the use ofthe vehicle to re-offend, increase public safety, reduce jail costs to the city
and the Citizens of Federal Way.
Attached is the amended ordinance.
Committee Recommendation:
Motion to approve and adopt this addition to the ordinance amending the City of Federal Way Traffic and
Vehicles Code, Chapter 15, and forward to full Council for consideration at its June 5, 2001 meeting.
APPROVAL OF COMMITTEE REPORT:
Committee Chair
Committee Member
Committee Member
lId i h/al'.cndal Al'.cncla !1ill ¡I11Douncl of Vehicles DWLS5-8-0 !.doc
ORDINANCE NO.
AN ORDINANCE OFTHE CITY COUNCIL OFTHE CITY OF
FEDERAL WAY, WASHINGTON, ADDING A NEW
ARTICLE TO CHAPTER 15 OFTHE FEDERAL WAY CITY
CODE AUTHORIZING IMPOUNDMENT OF VEHICLES
DRIVEN BY SUSPENDED OR REVOKED DRIVERS.
WHEREAS, in Washington Laws 1998, Ch. 203, section 4, the Legislature adopted certain
findings concerning the threat to public safety posed by drivers with suspended and/or revoked
drivers' licenses and, in order to protect public safety, the need to provide authorization to local
governments to impound any vehicle when it is found to be operated by a driver with a suspended or
revoked license; and
WHEREAS, RCW 46.55.113 authorizes Washington cities and towns to adopt ordinance
providing for the impoundment of vehicles of drivers arrested for driving with a suspended or
t
revoked license; and
WHEREAS, the City of Federal Way City Council does hereby adopt by reference the
findings contained in Washington Laws 1998, Ch. 203, section 4; and
WHEREAS, notwithstanding the threat of criminal punishment, drivers arrested and cited for
driving with a suspended or revoked license in Federal Way frequently fail to appear for court
appearances, leading to the issuance of a bench warrant for their arrest and subsequent incarceration;
and
WHEREAS, the City of Federal Way'sjail costs have increased an average ofl04% per year
from 1991 to 2000; and
ORD#
,PAGEl
WHEREAS, the City Council desires to exercise the authority granted it under RCW
46.55.113, to protect the public safety against the threat posed by drivers with suspended or revoked
licenses, provide for immediate and certain consequences in the fonn of impoundment of vehicles
driven by drivers with suspended or revoked licenses, deter future such violations, reduce the
incidence of future driving while suspended violations, and halt the increase of jail costs;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Creation. A new article entitled: Article VIII. Impoundment of Vehicles Driven
By Suspended/Revoked Drivers is added to Chapter 15 of the Federal Way City Code as follows:
Section 15-220. Definitions.
The following words, tenus, 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 Safety.
Director means the Director of the Federal Way Department of Public Safety.
DWLS 1 means RCW 46.20.342 (1) (a) or as hereafter amended.
DWLS 2 means RCW 46.20.342 (1) (b) or as hereafter amended.
DWLS 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 or what state the ordinance or statute is enacted in.
ORD#
,PAGE2
",
NVOL / No Valid Operator's License means RCW 46.20.005. or as hereafter amended.
Penalties, fines, andforfeitures 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 Section 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 Section l5-228(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 RCW 46.55.
Section 15-221. Impoundment.
Whenever the driver ofa vehicle is arrested for violation of OWLS 1, OWLS 2, or DWLS 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, 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, alTested 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.
Section 15-222. Period of Impoundment.
(a) If a vehicle is impounded because the driver is arrested for a violation of DWLS 3,
NVOL, or RCW 46.20.345 and the Washington Department of Licensing's records show that the
driver has been convicted of a violation ofDWLS 1, DWLS 2, DWLS 3, NVOL, RCW 46.20.342 or
similar local ordinance one (1) time or less within the last five (5) years, there shall be no mandatory
period of impoundment and the vehicle may be redeemed subject to the provisions ofFWCC 15-224.
(b) If a vehicle is impounded because the driver is alTested for a violation of DWLS 3,
NVOL, or RCW 46.20.345 and the Washington Department of Licensing's records show that the
driver has been convicted two (2) or more times of a violation of DWLS 1, DWLS 2, DWLS 3,
NOVL, RCW 46.20.345 or similar local ordinance within the last five (5) years, the vehicle shall be
impounded for thirty (30) days subject to the provisions of FWCC 15-224.
(c) If a vehicle is impounded because the driver is alTested for a violation of DWLS 1 or
DWLS 2 and the Washington Department of Licensing's records show that the driver has not been
convicted ofa violation of DWLS 1 or DWLS 2 or similar local ordinance within the last five (5)
years, the vehicle shall be impounded for thirty (30) days, subject to the provisions of FWCC 15-
224.
(d) Ifa vehicle is impounded because the driver is alTested for a violation ofDWLS 1 or
DWLS 2 and the Washington Department of Licensing's records show that the driver has been
ORD#
, PAGE 3
convicted one (1) time ofa violation of OWLS 1 or OWLS 2 or similar local ordinance within the
last five (5) years, the vehicle shall be impounded for sixty (60) days, subject to the provisions of
FWCC 15-224.
(e) If a vehicle is impounded because the driver is arrested for a violation of OWLS 1 or
DWLS 2 and the Washington Department of Licensing's records show that the driver has been
convicted two (2) or more times of a violation of DWLS I or OWLS 2 or similar local ordinance
within the last five (5) years, the vehicle shall be impounded for ninety (90) days, subject to the
provisions of FWCC 15-224.
(f) Notwithstanding the provisions of subsections (a) - (e) of this section, a rental car business
may immediately redeem a rented vehicle it owns by payment ofthe administrative fee and costs of
impoundment, whereupon the vehicle will not be held for the mandatory period of impoundment.
The officer or authorized agent ofthe Department who directs the impound shall notify the rental car
business as soon as practicable of the impound.
Section 15-223. Notice oflmpoundment.
(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) the mandatory period of impoundment under Section 15-222; and
(4) a form, approved by the City, which describes the right to and process for vehicle
redemption requirements as set forth in Section 15-224, and which describes the process of Section
15-225 for contesting an impound or the costs of impoundment.
(b) Not more than twenty-four (24) hours after impoundment of any vehicle, the registered
tow truck operator shall mail a copy of the notice described in subsection (a) ofthis 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 Section 15-
222, to ensure payment of the costs of impoundment. The notice shall state that if the security
ORD#
,PAGE4
,
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 Department of Public Safety, 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 fonn shall be completed by the registered tow truck operator and filed with the Municipal
Court.
(d) Ifthe 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.
Section 15-224. Redemption of impounded vehicles.
Vehicles impounded by the City in accordance with this Chapter, as now or hereafter amended, shall
be redeemed only under the following circumstances:
(a) Only the registered owner, a person with authorization from the registered owner, or one
who has purchased the vehicle from the registered owner and who produces proof of ownership or
authorization from the registered owner and signs a receipt therefor, may redeem an impounded
vehicle. A person redeeming a vehicle impounded pursuant to this Chapter must, prior to
redemption, establish that he or she has a valid driver's license and is in compliance with RCW
46.30.020 and pay a $100.00 administrative fee to the Municipal Court, and obtain a receipt for
release from the Municipal Court. Ifthe vehicle was impounded pursuant to FWCC 15-221 and was
being operated by the registered owner when it was impounded, the Municipal Court shall not issue
a receipt for release until all penalties, fines, or forfeitures owed by the registered owner have been
satisfied, or a time payment agreement (in a fonn approved by the Municipal Court) has been entered
into providing for the satisfaction of all said penalties, fines or forfeitures. A vehicle impounded
pursuant to this Chapter for DWLS 1 or 2, or NVOL, can only be released pursuant to a written order
from the Court. A vehicle impounded pursuant to this Chapter for DWLS 3 may be released
pursuant to the Municipal Court receipt.
(b) Any person so redeeming a vehicle impounded by the City shall pay the towing
contractor for the costs of impoundment prior to redeeming such vehicle. Such towing contractor
shall accept payment as provided in RCW 46.55.120 (1) (b), as now or hereafter amended.
(c) The Municipal Court is authorized to release a vehicle impounded pursuant to FWCC 15-
221 prior to the expiration of any period of impoundment upon petition of the spouse of the driver,
or the registered owner provided the owner was not the driver, based on economic or personal
hardship to such spouse, or registered owner resulting from the unavailability ofthe vehicle and after
ORD#
, PAGE 5
consideration ofthe threat to public safety that may result from release ofthe vehicle, including, but
not limited to, the driver's criminal history, driving record, license status and access to the vehicle.
An individual may have only one such hardship petition granted. If such release is authorized, the
person redeeming the vehicle must still satisfy the requirements ofFWCC 15-224 (a) and (b).
Section 15-225. Hearing requests.
Any person seeking to redeem a vehicle impounded as a result of a parking citation, traffic
citation, or pursuant to FWCC 15-221 has a right to a hearing before a Municipal Court
Commissioner to contest the validity of an impoundment or the amount or removal, towing, and
storage charges and any administrative fee if such request is made in writing, in a fom1 approved by
the City Manager and signed by such person, and received by the Municipal Court within ten (10)
days (including Saturdays, Sundays, and holidays) of the date the notice was given to such person by
the person impounding the vehicle or if the person seeking to contest the impound validity was not
the driver, within 10 days (including Saturdays, Sundays and holidays) of the date the notice was
mailed by the registered tow truck operator pursuant to RCW 46.55.120 (2) (a). Such hearing shall
be provided as follows:
(a) If all of the requirements to redeem the vehicle, including expiration of any period of
impoundment under FWCC 15-221, have been satisfied, then the impounded vehicle shall be
released immediately, and a hearing as provided for in FWCC 15-223 shall be held within ninety
(90) days of the written request for hearing. Any delay attributable to the person requesting the
hearing, including but not limited to continuances of the hearing date, shall be excluded from the
ninety (90) day period.
(b) If not all the requirements to redeem th-e vehicle, including expiration of any period of
impoundment under FWCC 15-221, have been satisfied, then the impounded vehicle shall not be
released until after the hearing provided pursuant to FWCC 15-223, which shall be held within two
(2) business days (excluding Saturdays, Sundays and holidays) of the written request to the
Municipal Court for the hearing unless good cause as to the reason(s) for any delay is shown. Any
delay attributable to the person requesting the hearing, including but not limited to continuances of
the hearing date, shall be excluded from the two (2) day period.
(c) Any person seeking a hearing who has failed to request such hearing within the time
specified in FWCC 15-223 may petition the Municipal Court Commissioner for an extension oftime
to file such a request for hearing. Such extension shall only be granted upon the demonstration of
good cause as to the reason(s) the request for hearing was not timely filed. For the purposes ofthis
section, "good cause" shall be defined as circumstances beyond the control ofthe person seeking the
hearing. In the event such extension is granted, the person receiving such extension shall be granted
a hearing in accordance with this chapter.
(d) If a person fails to file a timely request for hearing and no extension to file such a request
has been granted, the right to a hearing is waived, the impoundment and the associated costs of
impoundment and administrative fees are deemed to be proper, and the City shall not be liable for
removal, towing, and storage charges arising from the impoundment.
ORD#
, PAGE 6
"..
(e) In accordance with RCW 46.55.240 (I) (d), a decision made by a Municipal Court
Commissioner may be appealed to the Municipal Court Judge for final judgment. The hearing on
the appeal under this subsection shall be de novo. A person appealing such a decision must file a
request for an appeal within fifteen (IS) days after the date of the decision of the Municipal Court
Commissioner and must pay a filing fee in the same amount required for the filing of a suit in district
court. If a person fails to file a request for an appeal within the time specified by this section or does
not pay the filing fee, the right to appeal is waived and the Municipal Court Commissioner's
decision is final.
Section 15-226. Post-impoundment hearing procedure.
Hearings requested pursuant to FWCC 15-225 shall be held by a Municipal Court Commissioner,
who shall detennine whether the impoundment was proper and whether the associated removal,
towing, storage, and administrative fees were proper.
(a) At the hearing, an abstract of the driver's driving record is admissible without further
evidentiary foundation and is prima facie evidence of the status of the driver's license, pennit, or
privilege to drive and that the driver was convicted of each offense shown on the abstract. In
addition, Department of Licensing vehicle registration records of the impounded vehicle are
admissible without further evidentiary foundation and are prima facie evidence ofthe identity ofthe
registered owner of the vehicle.
(b) If the impoundment is found to be proper, the Municipal Court Commissioner shall enter
an order so stating. In the event that the costs of impoundment (removal, towing and storage) and
administrative fee have not been paid or any other applicable requirements ofFWCC l5-224(a) or
(b) have not been satisfied or any period of impoundment under FWCC 15-222 has not expired, the
Municipal Court Commissioner's order shall also provide that the impounded vehicle shall be
released only after payment to the City of any fines imposed on any underlying traffic or parking
infraction and satisfaction of any other applicable requirements ofFWCC 15-224( a) or (b) and after
expiration of any period of impoundment under FWCC 15-222. The Municipal Court Commissioner
shall grant time payments only in cases of extreme financial need, and where there is an effective
guarantee of payment. In any event, time payments shall not be granted if the person seeking time
payments had failed to fully comply with the requirement to make any time payments previously
granted under this section. In the event time payments are granted, the City shall advance the costs
of impoundment to the towing company.
(c) Ifthe impound is found to be improper, the Municipal Court Commissioner shall enter an
order so stating and order the immediate release of the vehicle. If the costs of impoundment have
already been paid, the Municipal Court Commissioner shall enter judgment against the City in favor
of the person who has paid the costs of impoundment in the amount ofthe costs ofthe impoundment.
(d) In the event that the Municipal Court Commissioner finds that the impound was proper,
but that the removal, towing, storage, or administrative fees charged for the impound were improper,
the Municipal Court Commissioner shall detennine the correct fees to be charged. If the costs of
ORD#
, PAGE 7
impoundment have been paid, the Municipal Court Commissioner shall enter a judgment against the
City and in favor of the person who has paid the costs of impoundment for the amount of any
overpayment.
(e) No determination of facts made at a hearing under this section shall have any collateral
estoppel effect on a subsequent criminal prosecution and shall not preclude litigation of those same
facts in a subsequent criminal prosecution.
(f) An appeal of the Municipal Court Commissioner's decision in Municipal Court shall be
conducted according to, and is subject to, the procedures ofthis section. If the Municipal Court finds
that the impoundment or the removal, towing, storage, or administrative fees are improper, any
judgment entered against the City shall include the amount of the filing fee.
(g) As to any impoundment arising from an alleged violation under this article, if it is
detennined to be improper, then the law enforcement officer directing the impoundment and the
government employing the officer are not liable for damages if the officer relied in good faith and
without gross negligence on the records ofthe Washington Department of Licensing in ascertaining
that the operator of the vehicle had a suspended or revoked driver's license.
Section 15-227. Administrative Fee.
An administrative fee of$lOO.OO shall be levied upon each vehicle redeemed under FWCC 15-224.
The fee shall be remitted to the Municipal Court. The fee shall be for the purpose of offsetting, to
the extent practicable, the cost to the City of implementing, enforcing, and administering the
provisions of this chapter and shall be deposited in an appropriate account.
Section 15-228. Registered Tow Truck Operators - Contracts, Requirements.
( a) The City Manager is authorized to .seek a towing company or companies for a one or more
contracts to be a City registered tow truck operator to perfonn towing and impounds pursuant to this
Chapter. Award of any such contract or contracts shall be consistent with the City's adopted
purchasing policies and applicable state and local laws and policies, and be approved by the City
Manager or the City Coùncil, as applicable.
(b) If the City Manager detennines not to enter into a contract for registered tow truck
operator services, the City Manager may authorize the Director to have any tow truck operator
registered with the State of Washington perfonn towing and impounds pursuant to this Chapter.
(c) A registered tow truck operator shall conduct any auction of vehicles impounded pursuant
to this Chapter in accordance with RCW 46.55.130, as now or hereafter amended. In addition, prior
to closing any sale of an auctioned, impounded vehicle or transferring title thereto, the registered tow
truck operator shall first confirm with the Washington Department of Licensing (or the applicable
ORD#
, PAGE 8
'..
licensing agency of another state) that the successful bidder at the auction has a valid Washington
driver's license or a valid driver's license from another state.
(d) Records.
(1) With respect to any sale at auction of a vehicle impounded under this Chapter, all
registered tow truck operators shall record the date of sale, the vehicle identification number of each
vehicle, the name, address and telephone number of the registered owner of the impounded vehicle
being auctioned, as well as the name, address, driver's license number and date of driver's license
expiration of each buyer. Said record shall be submitted to the Director on or before December 31 st
of each calendar year.
(2) A registered tow truck operator shall maintain copies of all records of all sales
required pursuant to this Chapter, for at least six (6) years, and such records shall be open at all
reasonable times to the inspection ofthe designated official, or his or her duly authorized designees
for inspection.
Section 2. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect
the validity of the remainder of the ordinance, or the validity of its application to other persons or
circumstances.
Section 3. Ratification. Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affinned.
Section 4. Effective Date. This ordinance shall take effect and be in force sixty (60) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this
,2001.
day of
CITY OF FEDERAL WAY
MA YOR, MIKE PARK
ORD#
, PAGE 9
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, BOB C. STERBANK
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K: \0 RD IN\D WLS impo undordinance6. doc
Revised 5-7-01
, PAGE 10
ORD#
'..
Item 5.F
City of Federal Way
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY
Date:
May 14,2001
To:
Parks, Recreation, Human Services & Public Safety Council Committee
From:
Anne Kirkpatrick, Chief of Police! 1- 'Ii '
\.j
David M~~anager
Request to Amend Federal Way City Code, Animals, Chapter 4
(Ordinance Nos. 90-30)
Via:
Subject:
Background: Pursuant to the Animal Code, Chapter 4, of the City of Federal Way, which was last
revised in 1992, the Department of Public Safety is requesting authorization for the adoption of this
ordinance'solely to revise the existing City Code for Animals to reflect amendments, additions, or
deletions exhibited in the state statutes, the Revised Washington Code (RCW).
The purpose of this amendment is to bring current the City Code for Animals, Chapter 4 that was
adopted by the Federal Way City Council in 1990 and accordingly will require modifications
including adding a new section titled General Provisions to Article IV, Dangerous Dogs.
'W
Washington State Legislature has defined cruelty to animals and established the punishment. This
requires amending Article I, Cruelty declared unlawful and by adding a section to be numbered,
Section 4-125, "General Provisions." This has been set forth by state statues, RCW 16.08.020 Dogs
injuring stock may be killed, RCW 16.08.030 Marauding dog - Duty owner to kill, RCW 16.08.070
Dangerous dogs - Definitions, and RCW 16.08.1 OO( 1) Dangerous Dogs -- Confiscation.
The adoption ofthis ordinance is in the best interest of the citizens of Federal Way and supports the
City Council's desire to incorporate state law and update the Federal Way City Code.
Attached is the amended ordinance.
Committee Recommendation:
Motion to approve and adopt this ordinance amending the City of Federal Way Animal Code,
Chapter 4, and forward to full Council for consideration at its June 5, 2001 meeting.
APPROV AL OF COMMITTEE REPORT:
Committee Chair
Committee Member
Committee Member
i/1c/agcnda/ps/200 1/05140 l/ch4anima\codeamend.doc
ORDINANCE NO.
AN ORDINANCE OFTHE CITY COUNCIL OFTHE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING THE
FEDERAL WAY CITY CODE CHAPTER FOUR (Amending
Ordinance No. 90-30).
WHEREAS, the Federal Way City Council adopted Chapter Four of the Federal Way
City Code in 1990 to secure and maintain such levels of animal control as will protect human health
and safety, and to the greatest degree practicable, prevent injury to property and cruelty to animal
life.; and
WHEREAS, the State Legislature has defined cruelty to animals and established the
punishment; and
WHEREAS, the City Council of Federal Way finds that it is in the best interest ofthe
public to incorporate state law and update the Federal Way City Code; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Article I, Section 4-10 of the City of Federal Way City Code is amended
as follows:
Cruelty declared unlawful.
It is unla\vful for any person to:
(I) Wi1tùlly and cruelly injure or kill any animal by any means causing it fright and
þfttfT';
(2) By reason ofneglcet or intent, cause or allov,: any animal to endure pain, sulTeftftg
&--ffi:i-ttry or fail or ne~,cet to aid or attempt alleviation of pain, suffering or injury he or 311-:: has so
ORD#
, PAGE 1
caused to any animal;
C) Lay out ~ooe any kind of poison, or leave exposed any pe-Î-8<."m-feod or drink
for man, animal or fo'wl, or any sult3t-anee or Iluid \\'hatsoe',er, vv'hereon or wherein there-ts or shall
be dcposited or mingled, ~fltJ-..e..f.f>e-i-son or poisonous or d~ee-t}f-f-¡'tt-¡'cl-w. ttlt-ever;-eft
any premiscs-;--er in any tlfteHe-iooed---j:tffiee, or to aid or abet any pcrWft-in 30 de-iW~t1t~
accordance \vith RCW 16.52.] (YO; Of
(4) ,'\bandon any domestic anima] by dropping off or leaving such mÙmul on the
street, road or higlnvay, or in any othcr public place, or on the private property of another. (Ord. No.
90 30, § 24,2 13 90; Ord. No. 91 153, § 38, 11 17 91)
The following state statutes, including all future amendments, additions or deletions,
are adopted by reference:
(1) 16.52.011
(2) 16.52.015
and control agencies.
(3) 16.52.080
(4) 16.52.085
Euthanasia.
(5) 16.52.090
(6) 16.52.095
(7) 16.52.100
others.
(8)
16.52.110
(9)
16.52.117
ORD#
, PAGE 2
DEFINITIONS -- PRINCIPLES OF LIABILITY.
Enforcement -- Law enforcement agencies and animal care
Transporting or confining in unsafe manner -- Penalty.
Removal of animals for feeding -- Examination -- Notice --
Docking horses -- Misdemeanor.
Cutting ears -- Misdemeanor.
Confinement without food and water -- Intervention by
Old or diseased animals at large.
Animal fighting -- Owners, trainers, spectators --
....
Exceptions.
(10) 16.52.165
(II) 16.52. I 80
(12) 16.52.185
(13) IG.52.190
(14) 16.52.193
on suspected purchases.
(15)
(16)
16.52.195
16.52.200
Punishment -- Conviction of misdemeanor.
Limitations on application of chapter.
Exclusions from chapter.
Poisoning animals.
Poisoning animals -- Strychnine sales -- Records -- Report
Poisoning animals -- Penalty.
Sentences -- Forfeiture of animals -- Liability for costs --
Civil penalty -- Education, counseling.
(17)
Immunity from liability.
(18)
16.52.210
16.52.220
requirements -- Pet animals.
(19)
(20)
16.52.230
16.52.300
Destruction of animal by law enforcement officer --
Transfers of mammals for research -- Certification
Remedies not impaired.
Dogs or cats used as bait -- Seizure -- Limitation.
Section 2. Article IV, that the Federal Way City Code is hereby amended by adding a
section to be numbered, Section 4-125, which section reads as follows:
General Provisions
The following state statutes, including all future amendments, additions or deletions,
are adopted by reference:
(1)
(2)
ORD #
16.08.020
16.08.030
, PAGE 3
Dogs injuring stock may be killed.
Marauding dog -- Duty of owner to kill.
(3)
16.08.070
Dangerous dogs -- Definitions.
(4)
16.08.100( 1) Dangerous dogs -- Confiscation.
Section 3. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect
the validity of the remainder of the ordinance, or the validity of its application to other persons or
circumstances.
Section 4. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affinned.
Section 5. 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 FederaLWay this - day of May,
2001.
CITY OF FEDERAL WAY
MA YOR, MICHAEL PARK
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
ORD#
, PAGE 4
"..
CITY ATTORNEY, BOB C. STERBANK
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K:IORDINlchaptcr 4043001
Revised 4/30101
ORD#
,PAGES
Item 5.G
City of Federal Way
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY
Date:
May 14,2001
From:
Parks, Recreation, Human Services & Public Safety Council Committee
Anne Kirkpatrick, Chief of Police lJ4 '\( -
David M~anagCr
Request to Amend Federal Way City Code, Criminal, Chapter 6
(Ordinance Nos. 90-53, 91 89,91-94,00-374)
To:
Via:
Subject:
Background: Pursuant to the Criminal Code, Chapter 6, of the City of Federal Way, which was last
revised in 2000, the Department of Public Safety is requesting authorization for the adoption ofthis
ordinance solely to revise the existing City Criminal Code to reflect amendments, additions, or
deletions exhibited in the state statutes, the Revised Washington Code (RCW).
The purpose of this amendment is to bring current the City Criminal Code, Chapter 6. Specific
changes are as follows:
þ
1. Washington State Legislature provided in state law a duty to report to the authorities certain
actions involving minors. This requires amending Article VIII, Crimes Against Persons by
adding a new section titled "Reports - Duty and authority to make." This has been set forth by
state statues, RCW 26.44.030 Duty and authority to make, etc., RCW 26.44.040 Reports -
Oral, written - Contents, and RCW 26.44.080, Violation - Penalty.
2. The elements of the crime of prostitution as stated in the Revised Code of Washington have
changed resulting in a modification to Article X, Section 6-239, Prostitution - Unlawful acts-
Penalty. Item "(7) a. That the actor is a known prostitute or panderer." will be deleted.
The adoption of this amendment is in the best interest of the City of Federal Way, Department of
Public Safety, Law Department, Municipal Court, and the Citizens of Federal Way.
Attached is the amended ordinance.
Committee Recommendation:
Motion to approve and adopt this ordinance amending the City of Federai Way Criminal Code,
Chapter 6, and forward to full Council for consideration at its June 5, 2001 meeting.
APPROV AL OF COMMITTEE REPORT:
Committee Chair
Committee M~ber
Committee Member
i¡!c/a l'cnda/ns/200 1/05140 I Ich6clîl11111a Icodcamcnd.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, ADDING A NEW
SECTION TO AND AMENDING THE CRIMINAL CODE OF
THE CITY OF FEDERAL WAY (Amending Ordinance Nos. 90-
53. 91-89, 91-94, 00-374).
WHEREAS, the Washington State Legislature provided in state law a duty to report
to the authorities certain actions involving minors; and
WHEREAS, the elements of the crime of prostitution as stated in the Revised Code
of Washington have changed; and
WHEREAS, in light of the foregoing the City Council of Federal Way fmd that it is
in the best interest of the public to update the Criminal Code contained in the Federal Way City
Code; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. A new section is added to Article VIII, Crimes Against Persons, of the
Federal Way City Code as follows:
Reports - Duty and authority to make.
The following state statutes, including all future amendments, additions or
deletions, are adopted by reference:
(1)
RCW 26.44.030, Duty and authority to make - Duty of receiving agency -
Duty to notify - Case planning and consultation - Penalty for unauthorized
exchange of information - Filing dependency petitions - Interviews of
ORD#
,PAGEl
children - Records - Risk assessment process - Reports to legislature.
(2)
RCW 26.44.040, Reports - Oral, written - Contents.
(3)
RCW 26.44.080, Violation - Penalty.
Section 2. Article X, Section 6-239 is amended as follows:
6-239 Prostitution - Unlawful acts - Penalty.
(a) It is unlawful for anyone to:
(1) Intentionally engage in or offer or agree to engage in an act of prostitution;
(2) Intentionally secure or offer to secure another person for the purpose of engaging in
an act of prostitution;
(3) 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;
(4) 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;
(5) Intentionally direct a person to any place for the purpose of engaging in an act of
prostitution;
(6) Intentionally in any way aid, abet or participate in an act of prostitution;
(7) 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 prostitution. Among the circumstances which may be considered in
determining whether the actor intends such prohibited conduct are:
ORD#
, PAGE 2
.. ..
a. That the actor is a known prostitute or panderer;
e~. 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;
eQ. The actor circles an area in a motor vehicle and repeatedly beckons to,
contacts, or attempts to stop pedestrians;
àç. 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;
(8) Intentionally enter or remain in any area of prostitution in violation of a condition of
sentence;
;4
(9) Intentionally permitting prostitution if, having possession or control of premises
which he knows are being used for prostitution purposes, he fails without lawful excuse
to make reasonable effort to halt or abate such use.
(b) Prostitution or permitting prostitution is a misdemeanor.
Section 3. Severability. The provisions of this ordinance are declared separate and
. severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
this ordinance or the invalidity of the application thereof to any person or circumstance, shall not
affect the validity of the remainder of the ordinance, or the validity of its application to other
persons or circumstances.
Section 4. Ratification. Any act consistent with the authority and prior to the
ORD #
, PAGE 3
effective date of this ordinance is hereby ratified and affirmed.
Section 5. 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
,20-
CITY OF FEDERAL WAY
MA YOR, MICHAEL PARK
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, BOB C. STERBANK
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
ORD#
, PAGE 4
"..
day of
K:\ORDIN\chapter6.04230 I
[1
ORD#
Revised 4/27/0\
, PAGE 5
Item S.H
PARKS, RECR,EA nON AND CULTURAL SERVICES DEPARTMENT
MEMORANDUM
Date:
May 1,2001
From:
PRHSPS Council Committee -. ~
1ennife< S,hmde<- D;""n~7
O'v¡d M~g"
Celebration Park Banner Program! Approval of Banner Designs
To:
Via:
Subject:
Backe:round
On January 16, the City Council approved the Volunteer Agreement between the City and the Friends of
Celebration Park (FOFW) to conduct a Banner Program. The purpose of the banner program is to beautify
Celebration Park and raise funds for additional play equipment at the park. Per the Volunteer Agreement
there will be five designs: two sports themes, two natural habitat themes and one generic theme. Each
banner wìll cost a donor $3,000. A total of 35 banners are proposed. The banners will be installed on 22
decorative street light standards along 13th Avenue South, and on the 13 light standards along the park road
that connects to 9th A venue South. The agreement specifies the banners wìll be installed when all 35
banners have a donor. To date, the FOFW have seven contracts completed and approximately seven
additional donors ready to sign on this month.
The FOFW is required to present five proposed designs to the City Council for approvaL The FOFW wìll
present the proposed banner designs on May 14, requesting approval of the five designs and approval to
install the first 22 donor funded banners.
Action ReQuest
. Approve Banner Designs.
. Install Banners in two phases. Phase one will be installation of22 banners along 13th Avenue South,
Phase two will be installation of 13 banners along the park road.
Parks Commission
The FOFW presented the five banner designs to the Commission on May 3,2001. The Commission passed
a motion to recommend approval of the banner designs presented.
Committee Recommendation
To recommend to full Council a "do pass" to accept the five banner designs as submitted and to approve
installation of the banners in two phases, and to place this item before the Council on June 5, 2001 under
consent.
APPROV AL BY COMMITTEE:
Committee Member
Committee Member
Committee Chair
..
..
J.Lt:W J..L
PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT
MEMORANDUM
Date:
April 19,2001
To:
From:
Via:
Subject:
PRHSPS Council Committee
.~
David Mosele
Parks Commission 2001/2002 Work Plan
Backe:round
At their April 5th meeting, the Parks Commission identified their current and upcoming projects and
planning issues that will form the basis of their work plan for the remainder of 200 1 and into 2002. The
Parks Commission passed a motion to forward to Council the following work plan for approval. These
work items are not listed in priority. It is acknowledged that some items are ongoing, where others will be
completed within the year.
1.
The proposed work plan is as follows:
Revise Park Rules/Ordinance
~
2.
.
The current park rules were adopted in 1990. The Commission will work with staff to
review the park rules and forward recommendations that will support enforcement of
non-approved use and activity in the parks and park facility's. For example, a new
activity that will need to be addressed in the ordinance is the Skate Park
Develop Criteria for Evaluating Acquisitions
3.
.
In order to fully evaluate the purchase or acceptance of property for parks purposes, the
Commission recommends developing measurable criteria to consistently evaluate
consideration of property for acquisition.
Impact Fee Ordinance
.
Park comprehensive plan recommends the City to consider a Park Impact Fee on new
development. The Park Commission will review and analyze the pros and cons of
imposing a park impact fee and forward a recommendation on this alternative funding
mechanism. .
4.
Heritage Woods Play Area
5.
Partnerships
.
City Council approved funding for a new play area at the Heritage Woods Neighborhood
Park. The Commission will hold a public meeting to solicit the community's interest for
placement and selection of play equipment.
.
In 2001, the City Council adopted a process to follow when considering PubliclPrivate
partnerships involving park property. The Parks Commission is directed by Council to
forward recommendations regarding such proposals. Although, there is no formal
request submitted to the city at this time, listing this item on the work plan reminds the
Commission of their role and responsibility in reviewing proposed public/private
partnerships.
6.
Update Parks Six Year CIP
.
Updating the Parks six year CIP is an ongoing activity by the Parks Commission. Parks
Commission will annually prioritize the CIP list for funding consideration.
7.
Evaluate Existing Parks Properties to Accommodate more Fields
.
Council Committee requested the Commission review existing park properties for the
potential to accommodate athletic play fields.
8.
Identifv Potential Areas for Neighborhood Parks
.
Since incorporation, providing neighborhood parks throughout the City has been a
priority of the City Council and supported by citizen survey. The Parks Commission will
review and identify areas within the City that lack reasonable access to neighborhood
parks.
9.
Update Parks. Recreation and Open Space Comprehensive Plan
.
The comprehensive plan standards are based on total population. With the new census
records, the comprehensive plan will need to be updated to reflect the current population
figures.
Committee Recommendation:
To recommend to full Council a "do pass" to accept the Parks Commissions 2001/2002 work plan as
submitted, and to place this item before the full Council on May 15,2001 under consent.
APPROVAL BY COMMITTEE:
Committee Chair
Committee Member
Committee Member
....
Item 5.J
CITY OF FEDERAL WAY
PARKS, RECREATION & CULTURAL SERVICES DEPARTMENT
MEMORANDUM
Date:
May 7, 2001
To:
Via:
Packs, Re~H'I\'an Se""ce, & Public Safety Council Committee
David Mosel~ty ~anager
Jon Jainga, Park Planning and Development Manager:l
Skate Park Bid Award /
From:
Subject:
The following is the latest update regarding the Skate Park Structure at Steel Lake Park Construction
Project, RFB Number 01-105:
Back2:round:
September 2000, City Council approved the 90% Construction Drawing for the revised Skate Park
Design.
October 2000, City Council approved the Final Skate Park Design and authorized staff to move forward
with the public bidding process on completion of the Land Use Process 1.
Master Land Use Review
May 4,2001, Community Development completed the Master Land Use Review of the engineering
documents, plans, and specifications.
Public Bid Process
April 27, 2001, staff advertised the construction documents for the Skate Park Structure. The Bid
opening is scheduled for Friday, May 11, 2001 at 10:15 a.m. After the bid opening, staff will review the
bid results and tabulate the results for the May 14 Council Committee meeting. The tabulation sheets will
be handed out at the meeting with a staff recommendation to award the bid.
A vailable Funding
The available funding for the Skate Park Project is $220,778.00
Recommendation:
Staff recommends awarding the Skate Park bid to the lowest responsible responsive bidder.
(Staff will present the bid tabulation sheet to the Committee)
APPROVAL OF COMMITT~E REPORT:
Committee Chair
Committee Member
Committee Member
Item ~."
CITY OF FEDERAL WAY
PARKS, RECREATION & CULTURAL SERVICES DEPARTMENT
MEMORANDUM
Date:
May 7, 2001
To:
Via:
Parks, Recreation, Human Services & Public Safety Council Committee
David Mos~~r V
Jon Jainga, p~Manning and Development Manager;:)
Sacajawea Soccer Field Improvement Project, RFB 10-006, Final Approval and
Approval to release retainage.
From:
Subject:
Back2round:-
The Sacajawea Soccer Field Improvement Project, RFB 00-006 is completed. The general contractor
Tydico, Inc., of Renton, Washington has completed all the bid specifications of the public works contract.
The project was completed within the budgeted amount of $565,000. By accepting final approval of the
project and releasing the general contractor of his retainage, staff will be able to submit for the final
reimbursement of the State's lAC Grant for this project.
Recommendation:
Staff recommends final approval for the Sacajawea Soccer Field Improvement, RFB 00-006 and to
release the project retainage for Tydico Inc., of Renton, Washington.
APPROVAL OF COMMITTEE REPORT:
Committee Chair
Committee Member
Committee Member
.teem ':).L
PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT
MEMORANDUM
Date: May 4, 200 I ~
To: PRHSPS Council Committee.. ,.~
From: Jennifer Schroder ctor /
Via: David M nage
Subject: Poverty Bay asem nt Request
Back~round
Fred and Susie Nadeau, owners of the property and dwelling located next to Poverty Bay Park at 30155 25[h
Avenue S.W., have requested either the purchase of, or easement of a IO-foot section of Poverty Bay Park.
The Nadeau's are in the planning stage of expanding their home by adding an addition. The addition wou¡d
prohibit their ability for vehicle access to the backside of their home. Gaining vehic¡e access to the back of
their property would invo¡ve trespassing on to Poverty Bay Park. The need for the access is primarily to
store their boat.
The Poverty Bay Park was transferred to the City from King County in 1991. The deed requires the park to
remain as park property in perpetuity. Therefore, the best option to consider is an easement. The Park is a
48..acre open space on Puget Sound. The park is heavily wooded with steep slopes toward the water.
There is a footpath at the end of the cul-de-sac north of the Nadeau property.
Staff inspected the proposed easement requested. It is apparent that the portion requested for an easement
is already serving as vehicle access to the back portion of the Nadeau property. The Nadeau's do not
propose any alterations to the proposed easement. No structures, no tree removal or excavation is planned
nor requested.
Staff Recommendation
The proposed easement will not prohibit the potential for future plans to improve pedestrian access through
Poverty Bay Park. Granting an easement for the purpose of access to a neighboring property is not the first
one of its kind on park property. Dumas Bay Park is a City Park, where an easement is granted to a
property owner for the purpose of vehicular access.
~
Staff recommends Council authorize staff to prepare an easement as requested by Fred and Susie Nadeau,
and negotiate a fair compensation for use of the easement. Conditions assigned should prohibit any
alterations to the property, including but not limited to prohibiting the installation of structures, prohibiting
the removal of trees or other vegetation or excavation or any other improvements unless authorized by the
City.
Parks Commission Recommendation
The Parks Commission reviewed this request at its May 3, meeting. The Commission recommends
granting the proposed easement.
Committee Recommendation
Option One: To direct staff to prepare as requested by Fred and Susie Nadeau, a 10' easement at Poverty
Bay Park and to negotiate a fair compensation for use of the easement. Final action by the committee will
not be taken until a draft of the easement is prepared for Councils approval.
Option Two: Motion to deny the Nadeau request for an easement.
APPRO V AL BY COMMITTEE:
Option:
Committee Member
Committee Chair
Committee Member
City of
Federal Way
.-;
..-
Nadeau
Easement
Request
~
en
!users/m"'es/cd/cplanlnad.au ami
Map Date: May 7, 2000.
City of Federal Way,
33530 First Way S.
Federal Way, WA 98003
(253) 661-4000.
This map Is Intended for use as a
graphical representation ONLY. The
City of .Federal Way makes no
warranty as to its accuracy.
Legend:
¡z;¡ Nadeau Property
D Poverty Bay
Park
Vicinity Map
Scale: 1 to 2400
1 Inch equals 200 Feet
0 200 Feet
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N
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Item S.H
PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT
MEMORANDUM
Subject:
Backl!round
On December 19, 2001 Council accepted the final Facility Feasibility Study and Tourism Development
Plan. At the PRHSPS Council Committee on March 12, the committee asked staff to report back on what
are the next steps to implement the Arts and Entertainment elements and the Athletic Facility and Event
Development components of the plan. Elements discussed by the committee included the Amateur Sports
Complex and the Performing Arts Facility.
April 19,2001 :/ .. l -
PRHSPS Council committ~e ~:/! /)
Jennifer ~~~~ctor '. (, V~ ~
David M..~ï'V¡ ",anage
Facility Feasibi¡ity Study and Tourism Development PlanlNext Step
Date:
To:
From:
Via:
The Facility Feasibility Study and Tourism Development Plan (P¡an), is a redevelopment strategy for
Federal Ways emerging downtown and its effort to promote tourism. The plan identifies four strategic
components:
Arts and Entertainment Element: Examples are a Performing Arts Center and an Urban
Entertainment Center.
.
Athletic Facility and Event Development Component: Examples are a multi-use sports complex,
integrating exercise, training, diet, education and entertainment. Also included in this component
is a recommendation to create competitive sports events using existing parks/facilities.
.
Federal Wav Downtown Management Coordination: Create a Downtown Business Improvement
District (BID). BID to commit staff resources whose only responsibility is managing the City
Center Improvement strategy and implementing the downtown development and promotion plan.
,f
.
Tourism Development Plan: Market Federal Way as an affordable, safe gateway to the Puget
Sound region that provides top quality hotels with excellent access to transportation infrastructure
and recreational outlets.
Discussion
In each component the City of Federal Way is identified, along with other stakeholders, as having a
responsibility in the success of the plan.
The recommendation to create a BID and to develop a tourism plan is already in process. The City is
currently contracting with the Federal Way Chamber to create a Model Business Improvement Area, to
facilitate and process the Tourism Enhancement Grant, promote tourism and to manage the design and
installation of an e!ectronic kiosk at the Federa¡ Way Transit Center to be constructed by Sound Transit.
However, the City has not identified a role to carryout in the Athletic Facility and Event Development
Component and the Arts and Entertainment Element. Each of these two components involves the
acquisition of land.
Arts and Entertainment Element
The Plan states the expansion of downtown Federal Way's cultural arts and entertainment offerings, as one
of the most important elements in creating a vibrant urban center and creating a distinct tourism destination.
The Federal Way Coalition of the Performing Arts (PAC) is identified as the ideal organization to lead the
fundraising and deve¡opment of the PAc. The next step for this project is to begin fundraising efforts for
the Federal Way PerfOlming Arts Centre.
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Athletic Facility and Event Development
The P¡an states the development of high quality ath¡etic faci¡ities and events in Federa¡ Way will playa
major role in the redevelopment of the City Center and development of tourism. The type of Athletic
Faci¡ity recommended in the p¡an is a multi-use sports comp¡ex. The Plan recommends Federal Way
consider a mu¡tipurpose complex that is anchored by a genre of sports such as X-game/extreme sports, or a
sport such as gymnastics that could drive a substantial amount of regional competition and local training
demand (beginner to expert).
The Plan identified several examples of sports facilities including the "Paradome". The Paradome is a
facility planned for development near Everett, Washington by private sector developers. This facility is
intended to be a place for the entire family, promoting safe and natural activities at one place. The
Paradome will offer traditional health club facilities as well as; climbing walls, extensive pool facilities
with wind and wave machines for kayaking, windsurfing and sailing lessons, retail sales and rental of
recreation equipment, child care, educational exhibits and a venue to host competitions and television
events. The specific activities and facility design elements offered at the Paradome complex, builds upon
what the area/region has to offer a visitor that is either from outside or within the region.
Depending on the complexity the site requirement will range anywhere from 5 to 15 acres. Left
unidentified in the plan, are specific activities the athletic facility in Federal Way should include.
Steps proposed in the plan to implement a multi-use sports complex are:
Secure transferable options on potential sites
Issue RFQlRequest for Interest to determine ¡eve! of interest and to narrow potential facility
concepts
Issue formal RFP to private sector developers and institutions
Negotiate private/public partnerships
Begin construction
.
Summary
Based on the Plan, the next steps to implement the proposed Performing Arts Centre is for the PAC to
begin fundraising efforts for a Performing Arts Centre. The next step for the Athletic Facility/Multi-use
Facility is to secure transferable options on potential sites.
The Plan identify's the Private Sector, City'ofFederal Way, and possibly the Federal Way School District
as responsible parties. It does not recommend the role of each party. Therefore, a next step for the City is
to identify a role the City will be responsible for in the implementation of an athletic facility in Federal
Way.
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