PRHSPSC PKT 11-10-2008City of Federal Way
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE
Monday, November 10, 2008 City Hall
5:30 p.m. Hylebos Conference Room
1. CALL TO ORDER
2. PUBLIC COMMENT — THREE (3) MINUTES
3. COMMISSION COMMENTS
4. APPROVAL OF OCTOBER 14, 2008 SUMMARY
5. COMMITTEE BUSINESS
A. Grant Funding for Police Dept. Registered Sex Offender Program
Action
Wilson
B. Ordinance Addressing Amendments Relating to Criminal Law in
Action
Walls
The Federal Way City Code
C. Ordinance Addressing Amendments Relating to Animal Law in
Action
Walls
The Federal Way City Code
D. Ordinance Addressing Amendments Relating to Definitions in
Action
Walls
The Federal Way City Code
E. Resolution directing a final reorganization of the Federal Way City Code
Action
Walls
F. Centerstage Theatre Management Proposal
Action
Faber
G. Community Center Cafe Vendor Contract
Action
Faber
6. PENDING ITEMS
• Festivals
7. NEXT MEETING — Tuesday December 9, 2008 5:30pm — Hylebos Conference Room
8. ADJOURNMENT
2008 Committee Members: Staff:
Council Member Jeanne Burbidge, Chair Steve Ikerd, Interim Director
Council Member Jim Ferrell Mary Jaenicke, Administrative Assistant II
Council Member Michael Park 253-835-6901
City of Federal Way,
City Council
PARKS RECREATION HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday October 14, 2008
5:30 p.m.
SUMMARY
In attendance: Council Committee members Chair Jeanne Burbidge, Jim Ferrell, Council member Linda Kochmar,
Neal Beets, City Manager, Pat Richardson, City Attorney, Karolyn Klohe Assistant City Attorney, Chief Brian
Wilson, Tho Kraus, Finance Director, Donna Hanson, Director PRCS, Steve Ikerd, Facilities and Parks Manager,
Mary Faber PRCS Superintendent, Lynnette Hynden, Human Services Manager, Mary Jaenicke, Administrative
Assistant II.
Excused: Council member Michael Park
Guests: Susan Honda and David Bauch, Arts Commission; Ron Secreto, Human Services Commission; Alan Bryce,
Ron Wood, Chad Stalder, Cindy Ducich, Centerstage.
Chair Burbidge called the meeting to order at 5:35p.m.
COMMISSION COMMENT
Ron Secreto, Human Services Commission Chair stated that they received 61 applications from 35 agencies and the
amount of funding requested was over 1 million dollars. It was a very tough job for the commission to finalize the
report. A lot of work was done. He commended Ms. Hynden and her staff for the excellent support that the
Commission receives from them. He also commended Council for continuing to provide the funds for the
community. He believes that they are going to see a real strain on the Social Service Agencies due to the financial
crisis that is occurring at this time.
APPROVAL OF SUMMARY
Council Member Ferrell moved to approve the September meeting minutes; Council Member Burbidge
seconded the motion, and moved to amend the minutes. The minutes should read that "the City should be
given future rights to the Brooklake Community Center's property" not the County. Council member Ferrell
seconded. Motion passed.
BUSINESS ITEM
Centerstage Management Proposal
Mr. Bryce stated that he has been with Centerstage Theater (CST) for 4 '/2 years. When he first arrived, it became
very clear to him that the business model relationship that CST had with the City was not going to work long term.
CST put out a written proposal to the City suggesting that CST manage Knutzen Family Theatre (KFT). Mr. Bryce
stated that having CST manage the KFT is the most equitable and makes the most sense financially. The City, with
the help of the Arts Commission and the contingency fund, has subsidized CST for the past three years. They have
been paying the rental amount that CST has had to pay. This is 23% of CST's annual operating budget. Mr. Bryce
stated that it makes more sense for them to manage the facility, and the City would pay CST a management fee of
$75,000.00. Mr. Bryce stated that they are open to discussing all options. Their main goal is to make sure that live
professional Theater stays in the City of Federal Way.
Ms. Honda stated that after the Arts Commission got the most recent proposal from CST, they spent many hours
reviewing the proposal and asking questions. Ms. Honda stated that the Arts Commission did not vote to
recommend having CST manage KFT. One of the reasons that she did not vote for it, is because she thinks that the
KFT is being managed very well by the current staff, they offer many different programs to children, youth and
citizens of Federal Way. The only complaint she hears is about the lack of parking. In regards to the $50,000.00 for
CST, Ms. Honda stated that she is concerned that other Arts groups in Federal Way will feel that it is an unfair
advantage.
Mr. Bryce stated that the funding they receive is not used to cover artistic services; it is a management fee to manage
the KFT, which no other arts organization would be doing.
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday October 14, 2008 Summary
Page 2
Council member Ferrell clarified that there are two proposals; $75,000 to manage the Theatre, and in lieu of
management, then a $50,000 award.
Mr. Wood stated that 9`s Avenue Dance is the only other Arts organization that actually supports the KFT and that
they do use the facility.
Ms. Honda stated that both Aria Dance and 9`h Avenue Dance use the facility.
Ms. Faber reported that the Arts Commission has been reviewing the proposal carefully over the last several months.
Ms. Faber stated that she has heard a lot of support for Centerstage and for Theater to continue. The challenge is
what makes sense from the Arts Commission's view, and what would be an appropriate action in how to deal with
the CST proposal.
Ms. Kraus presented information on the financial history of KFT from 2004-2007. The total operating revenue is as
follows: 2004 - $84,439.00, 2005 - $78,952.00, 2006 - $132,117.00, and 2007 - $124,589.00. The total operating
expenses is: 2004 - $187,801.00, 2005 - $138,385.00, 2006 - $149,440.00, 2007 - $189,348.00. The total operating
losses were: 2004 - $103,362.00, 2005 - $59,433.00, 2006 - $17,323.00, 2007 - $64,759.00. There are other charges
that finance does not consider as operating expenditures; these are indirect costs such as direct supervision and
support, general fund administration fee and internal service charges. These indirect costs totaled $32,714 in 2007.
When you add the operating loss and the indirect costs the total loss comes to $97,473 in 2007. Utility tax money
has also been transferred to support the KFT. In 2007 the amount transferred was $125,495.00, which leaves a
positive balance of $28,022.00. That $28,000 goes into a Capital reserve account to be used to maintain the facility.
In 2007 the capital spending was $14,100.00. Ms. Kraus stated that if we kept things they way they were in 2007 the
total City out of pocket would be $111,000.00. If we went with the proposed contract with a management fee of
$75,000, the total City out of pocket would be $122,000.00.
In response to Ms. Kraus' presentation, Mr. Bryce stated that the revenues and the 2007 actuals include a substantial
amount from a Church rental, and that Church is no longer using the facility.
Mr. Bauch stated that he is a non-voting member on the Arts Commission. He asked if it was possible to give CST a
reduction or relief in their rental charges. Mr. Bryce stated that this is a solution that CST would consider, as long as
that reduction was realistic and long term. They don't want to have to come back in two years, and have to go
through the whole process again. CST would probably have to employ their own technicians.
Mr. Wood stated that he is concerned that the Arts Commission did not have enough information from CST, and he
was mystified that CST was not asked to come in and answer any questions after Mr. Bryce made the original
presentation. He is wondering who they asked the questions of. Ms. Honda stated that the Arts Commission meets
twice a month, and that this proposal has taken them many hours, and it has been discussed at every meeting. A lot
of items on their work plan did not get done, because of the time consumed by discussing the proposal. They asked
questions, and Ms. Faber and her staff were able to get answers for them. Ms. Honda also stated that their meetings
are open, and CST could have come any time, and there is a time for public comment. Mr. Bryce stated that he did
come, but was not permitted to speak. Ms. Honda replied that Mr. Bryce spoke during public comment time, and that
is how their meetings are run.
Council member Ferrell asked Ms. Faber how much money CST is paying for the rental. Ms. Faber answered that
their standard rental fee per production is approximately $5,100.00, and does not include technician fees. It is based
on how many productions they do. There is a limit of 170 hrs per production. If it goes over 170 hours, they have
the ability to charge them fees for use above those hours. CST does approximately 4-5 productions a year. Mr.
Ferrell asked where the rental money goes to. Ms. Faber answered that the KFT is setup as a different program
budget within the PRCS department. It has its own expenditure and revenue expectations. Council member Ferrell
asked what the pros and cons would be in reducing the rental fee. Ms. Faber answered that reducing the subsidy
would be an intermediate resolution because if they reduce the rent, then they reduce the revenue expectation by the
same amount. There would be $25,000 less money coming into the city. Council member Ferrell asked for
clarification on the Arts Commission vote. Ms. Faber stated that the Arts Commission Chair did not recognize all of
the voting members, and missed a vote. After review of the written minutes, and tape, it was decided that the item
did pass, and the Commission voted to approve a $50,000 award annually to CST. Council member Ferrell asked
Ms. Faber what the procedure is once something is approved out of Commission. Ms. Faber answered that the
recommendation from the Arts Commission would be to subsidize the funding, and it would go to Committee.
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday October 14, 2008 Summary
Page 3
Council member Ferrell asked CST how they are raising money to close the gap. Mr. Wood stated that they apply
for grants, and they get donations.
City Manager Beets stated that we are at a point where staff needs some policy direction with respect to KFT. Staff
has tried to outline what the options are. We are in the midst of our budgetary process. The budget will be
submitted to Council, and they will have from October until December to finalize it. The City Manager is not
making any assumptions about additional subsidies for CST or any other Arts Organization. If Council says to
forgive the rent or to enter into a management proposal that requires the City to pay a management fee we will need
to find the money to make it a balanced budget. The budgetary challenge is to find out whether or not we are
looking for a greater subsidy. From a Governance standpoint, we are assuming that KFT is a city operated facility
until Council tells us otherwise. Council has indicated from time to time, some interest in contracting out
management of some of the City's facilities.
Council member Kochmar asked what the dollar amount would be if we increased the subsidy. Mr. Beets answered
it would be approximately $35,000. Council member Ferrell stated that the recommendation to subsidize $50,000 to
CST passed through the Arts Commission. He is interested at a minimum to give CST rent forgiveness. The
$50,000 that was approved by a majority of the Arts Commissioners should be explored by the Full Council. Mr.
Beets stated that the $35,000 was an approximation.
Mr. Wood stated that they would rather manage KFT and work for their rent, than receive rent forgiveness. Council
member Ferrell stated that there is money left over in the City Manager's contingency fund every year. Mr. Wood
stated that he is unclear why the management proposal was turned down by the Arts Commission. He has heard
statements that the City is already doing a great job managing the Theatre, but he would also like to know the other
reasons. Mr. Wood asked Ms. Faber what the specific reasons were that the management proposal was turned down.
Ms. Faber stated that there was a lot of emphasis on the programming that KFT produces and sponsors. There was a
lot of discussion about the interaction between DBC and KFT, and how closely they work together, and share
resources. They cover for each other. DBC and KFT also offer recreation programs. There are a lot of mixed uses
that occur at those sites. Staff works very dependently with each other to provide the services between the park,
recreation, Theatre and retreat services.
Council member Kochmar stated that she knows that everybody has good intentions. The issue is that everybody in
the city is paying utility tax for the use of the facility. This becomes an issue when people cannot use the facility.
This needs to be looked at as a city as whole — what is paying for this Theatre. They also need to look at the
budgetary impact.
Mr. Bauch stated that there were a few Arts Commissioners who stated that they were on the Commission to support
the arts, but that they also felt they had to be accountable to the City, and the City is getting pressure to support the
food bank and other social service programs, that are needing to help people in need. Some members felt it was
difficult to approach the city and ask them to embrace the CST proposal when it could hurt the City's ability to
provide human services.
Mr. Bryce said that if they do manage the facility, they would maintain everything that the City would want to keep
there.
Council member Ferrell stated that the Council needs to explore the recommendation of the Arts Commission, which
is a $50,000 grant. Ms. Faber stated that CST could also apply for Contract for Services.
Ms. Ducich thanked everybody and she appreciates the efforts being taken to keep live Theatre in Federal Way.
Chair Burbidge stated she would like Management Staff and the Council to look at the alternatives that have been
proposed, and the recommendations. There are policy questions, budget questions and Governance questions that
need to be answered.
Chair Burbidge stated that the next step is to have the opportunity for informal discussion back and forth with staff
and be ready to come to the next Committee meeting, or go directly to Full Council.
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday October 14, 2008 Summary
Page 4
Amendment to the Diversity Commission By -Laws
Ms. Hynden presented the background information. This amendment cleans up the language in the by-laws
regarding attendance. The Commission has had some concerns about attendance, when they reviewed the by-laws
they felt that further clarification was needed. This makes the by-laws clearer on what actions can be taken.
Councilmember Ferrell asked why they are making these changes. Ms. Hynden answered that there are ten
Commission meetings a year, and if a commissioner misses three meetings, it can put the Commission behind on
their programs and projects. Council member Ferrell moved to recommend approval of the Amendment to the
Diversity Commission By -Laws addressing attendance. Chair Burbidge seconded. Motion passed.
2_009-2010 Human Services Commission Funding Recommendations
Ms. Hynden presented the information. 61 applications were received from approximately 35 agencies. Over 1
million dollars in funding was requested. There has been a steady increase in requests year after year. The
Commission kept to their strategies and adhered to their plans. The Council in 1988 wanted a minimum of 37%
allocated for basic needs, the Commission felt that in light of the down tum in the economy that they would support
the needs of food, shelter and clothing and raised the level to 49%. To take away from anyone would have been very
difficult. The funds have been equally divided as follows: Family needs are at 31 %, self Sufficiency is at 24%,
Community Protection 21%, Youth Services 15%, and Senior Services at 9%. Staff has recommended that a
contingency plan be built for $33,000; this would not be additional funding, it would come from the carry forward
budget. The $33,000 would be used to fund four additional programs. The contingency plan 2 allocates fundraising
monies from the United Way/Human Services giving campaign, and those funds will be given to the Federal Way
Boys and Girls Club. Chair Burbidge thanked Ms. Hynden for her work, and for explaining the process that the
Human Services Commission and staff went through. Chair Burbidge recused herself because she serves as a Board
Member for the Boys and Girls Club. Council member Ferrell thanked Ms. Hynden, staff and the Human Services
for their hard work, and for Ms. Hynden's detailed presentation. Council member Ferrell moved that this be
forwarded to Full City Council without a recommendation. Chair Burbidge seconded. Motion passed.
Patrol Auto Theft Task Force
Chief Wilson presented the background information. No discussion was held. Council member Ferrell moved to
approve participation with the 17 South King County and North Pierce County Police and Sheriff
Departments in the P.A.T.R.O.L. Auto Theft Task Force, and authorize City Manager Neal Beets to sign the
Interlocal Agreement. Chair Burbidge seconded. Motion passed.
KC Rezional 800 MHZ Radio System
Chief Wilson presented the background information. When Federal Way started their own Police Department, they
also changed their dispatch center. At this same time, the new 800 MHZ radio's system was starting. In the early
days, they had to communicate by cell phones. This created tremendous security issues. The plan was to have a
tower installed in Federal Way. That tower was installed and it enhanced the ability of the radio system significantly.
There are still gaps in coverage for the 800 radio in emergency services. This is for both police and fire. The gap is
primarily in the Decatur High School area, Western section of the town, and along the water. They have been
working on this issue for a very long time. They have tried to make software and system adjustments to get the
coverage right. Chief Wilson is very concerned about officer safety because there are rimes that they cannot
communicate on the radio. They have been working with King County to find a solution. King County's response
has been that the system has performed as designed. Chief Wilson is not satisfied with that response. There have
been tactical situations where the Officer's can see each other, but they can't communicate because the radio doesn't
work. After a very serious incident at Decatur High School, the Federal Way Police Department met with the School
District and Nextel and developed a system to fix the non-existent radio signal at Decatur High School. King County
has acknowledged in writing that there is a problem with the system. There is a new radio system that is supposed to
come out in the next 6-10 years. Chief Wilson stated that they cannot wait 6 years. One solution is to put up another
tower in Federal Way — this will cost approximately 1.5 million. Council member Kochmar suggested partnering
with some of the sites, and she could provide Chief Wilson with the contact information. Chief Wilson stated that
the Federal Way Police Department is seeking support from Council to communicate with King County officials and
the Regional Communications Board on the importance of repairing the inadequate radio signal in Federal Way.
Chief Wilson and City Manager Beets will work on the correspondence.
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday October 14, 2008 Summary
Page 5
Asphalt Path Repair
Mr. Ikerd provided the background information. Staff went out to bid for three parks with asphalt trails that need to
be repaired. Those parks are West Campus Trail, Palisades Park and Wildwood Park. The trails have been damaged
from tree roots and weather related factors. They sent out bids to nine companies, and they received three bids. The
companies were told up front that the City reserved the right to split the bid if it was to our advantage. By splitting
the bid we are saving $6400. The bid will be split into two contracts for a total of $77,148.57. Council member
Ferrell moved approval to accept the asphalt path repair bid from NW Asphalt and A.C. Moate and
authorize the Assistant City Manager to execute two separate contracts for services in the total amount of
$77,148.57. Chair Burbidge seconded. Motion passed.
West Campus Trail Tree Removal
Mr. Ikerd presented the background information. Bids were sent out to six companies off of the small works roster.
The companies receiving the bids were pre -qualified by having a certified arborist. Only one of those companies
submitted a bid. The bid was submitted by Thundering Oaks in the amount of $53,410.00. Chair Burbidge and
Council member Ferrell thanked Steve for his presentation on this issue at the September City Council meeting.
Council member Ferrell moved approval to accept the tree removal bid from Thundering Oak Enterprise and
authorize the Assistant City Manager to execute a contract for services in the amount of $53,410.00. Chair
Burbidge seconded. Motion passed.
NEXT MEETING — November 10, 2008 5:30 p.m. in the Hylebos Conference Room
ADJOURNMENT - Meeting adjourned at 7:22 p.m.
COUNCIL MEETING DATE: November 10, 2008 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Grant Funding for Police Department Registered Sex Offender (RSO) Program
POLICY QUESTION: Should the City of Federal Way accept the one-time grant funding of $51,321.58 provided
by King Countyfor the purpose of addressing the verification of addresses and residency of registered sex
offenders in Federal Way?
COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: November 10,
Council Committee 2008
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Commander Steve Neat DEPT: Police Department
Attachments:
1. Cost Reimbursement Agreement
2. PRHS&PS Memo
Options Considered:
1. Accept the grant funding under the specific terms and conditions set forth by King County.
2. Reject the recommendation to accept the grant funding
STAFF RECOMMENDATION: Staff recommends Option 1.
CITY MANAGER APPROVAL: ro(CLa6cil DIRECTOR APPROVAL:J3tJ;l0't 1o ttee Committee Cou
COMMITTEE RECOMMENDATION: PRPS recommends Option
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the acceptance of the on-time grant funding of
$51, 321.58 from King County for the Police Department Registered Sex Offender Program ".
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
IST reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED - 02/06/2006
RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: September 10, 2008
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Neal J. Beets, City Manager
FROM: Brian J. Wilson, Chief of Police
SUBJECT: Police Department Registered Sex Offender Program Grant
Background
The Federal Way Police Department is seeking grant funding of $51,321.58 from the King
County Sheriffs Department in support of the Federal Way Police Department Registered Sex
Offender and Kidnapping Offender Address and Residency Verification Program. The funds to
be used to reimburse overtime funding incurred by personnel participating in the application of
the program.
The Police Depatment is dedicated to the task of verifying the current addresses and residencies
of all sex offenders living in the City of Federal Way. The city's response involves partnering
with King County Government in implementing multiple program elements.
- Partnership with King County, to ensure that sex offenders are in compliance under the
guidelines of current laws.
- A strong enforcement effort to apprehend and prosecute offenders with an emphasis on
community safety.
The accepting of funding from King County will augment the City of Federal Way's on-going
effort to enforce current laws and regulations pertaining to sex offenders, improving the quality
of life for our citizens. The funds will be used to primarily reimburse for overtime expenses
incurred while verifying current addresses and residency of sex offenders.
It is the recommendation of the Police that the City of Federal Way accept the one-time grant
funding provided by the King County Sheriffs Department for the efforts regarding the program.
R -Z
Cost Reimbursement Agreement
Executed By
King County Sheriffs Office, a department of
King County, hereinafter referred to as "KCSO,"
Department Authorized Representative:
Susan L. Rahr, Sheriff
King County Sheriff's Office
W-150 King County Courthouse
516 Third Avenue
Seattle, WA 98104
and
Federal Way Police Department a department of King County, hereinafter referred to as
""Contractor,"
Department Authorized Representative:
Brian Wilson, Chief of Police
33325 8th Avenue South
Federal Way, WA 98063
WHEREAS, KCSO and Contractor have mutually agreed to work together for the
purpose of verifying the address and residency of registered sex and kidnapping
offenders; and
WHEREAS, the goal of registered sex and kidnapping offender address and residency
verification is to improve public safety by establishing a greater presence and emphasis
by Contractor in King County neighborhoods; and
WHEREAS, as part of this coordinated effort, Contractor will increase immediate and
direct contact with registered sex and kidnapping offenders in their jurisdiction, and
WHEREAS, KCSO is the recipient of a Washington State Registered Sex and
kidnapping Offender Address and Residency Verification Program grant through the
Washington Association of Sheriffs and Police Chiefs for this purpose, and
WHEREAS, KCSO will oversee efforts undertaken by program participants in King
County;
NOW THEREFORE, the parties hereto agree as follows:
KCSO will utilize Washington State Registered Sex and Kidnapping Offender Address
and Residency Verification Program funding to pay overtime to Contractor for the
fk-3
verification of registered sex and kidnapping offender address and residency as set forth
below. This Interagency Agreement contains eight (8) Articles:
ARTICLE I. TERM OF AGREEMENT
The term of this Cost Reimbursement Agreement shall commence on July 1, 2008
and shall end on June 30, 2009 unless terminated earlier pursuant to the provisions
hereof.
ARTICLE II. DESCRIPTION OF SERVICES
This agreement is for the purpose of reimbursing overtime expenses incurred by
personnel participating in the Registered Sex and Kidnapping Offender Address and
Residency Verification Program. The program's purpose is to verify the address and
residency of all registered sex and kidnapping offenders under RCW 9A.44.130.
The requirement of this program is for face-to-face verification of a registered sex
and kidnapping offender's address at the place of residency. In the case of
• level I offenders, once every twelve months.
• of level II offenders, once every six months.
• of level III offenders, once every three months.
For the purposes of this program unclassified offenders and kidnapping offenders
shall be considered at risk level I, unless in the opinion of the local jurisdiction a
higher classification is in the interest of public safety.
ARTICLE III. REPORTING
Two reports are required in order to receive reimbursement for grant -related
expenditures. Both forms are included as exhibits to this agreement. "Exhibit A" is
an "Address Verification Form" that the sex or kidnapping offender completes and
signs during a face-to-face contact. "Exhibit B" is an "Officer Contact Worksheet"
completed in full by an officer/detective during each verification contact. Both
exhibits representing each contact are due quarterly and must be complete and
received before reimbursement can be made following the quarter reported.
Original signed report forms are to be submitted by the 5th of the month following
the end of the quarter. The first report is due October 5, 2008.
Quarterly progress reports shall be delivered to
Attn: Tina Keller, Project Coordinator
King County Sheriff's Office
401 Fourth Avenue
Kent, WA 98032
Phone: 206-205-7948
Email: tina.keller@kingcounty.gov
ARTICLE IV. REIMBURSEMENT
Requests for reimbursement will be made on a quarterly basis and should be
forwarded to KCSO as soon as practical after the first of the month that follows each
quarter ending March 31St, June 30th, September 30th, and December 31st. Overtime
reimbursements for personnel assigned to the Registered Sex and Kidnapping
Offender Address and Residency Verification Program will be calculated at the usual
rate for which the individual's' time would be compensated in the absence of this
agreement.
Each request for reimbursement will include the name, rank, overtime compensation
rate, number of reimbursable hours claimed and the dates of those hours for each
officer for whom reimbursement is sought. Each reimbursement request must be
accompanied by a certification signed by an appropriate supervisor of the department
that the request has been personally reviewed, that the information described in the
request is accurate, and the personnel for whom reimbursement is claimed were
working on an overtime basis for the Registered Sex and Kidnapping Offender
Address and Residency Verification Program.
Requests for reimbursement must be sent to
Attn: Joe Lewis, Grant Administrator
King County Sheriff's Office
516 Third Avenue, Room W-150
Seattle, WA 98104
Phone: 206-205-7900
Email: joe.lewis@kingcounty.gov
The maximum amount to be paid under this cost reimbursement agreement shall not
exceed Fifty One Thousand Three Hundred Twenty One Dollars and Fifty Eight
Cents ($51,321.58). Expenditures exceeding the maximum amount shall be the
responsibility of Contractor. All requests for reimbursement must be received by
KCSO by July 31, 2009 to be payable.
ARTICLE V. WITNESS STATEMENTS
"Exhibit C" is a "Sex/Kidnapping Offender Address and Residency Verification
Program Witness Statement Form." This form is to be completed by any witnesses
encountered during a contact when the offender is suspected of not living at the
registered address and there is a resulting felony "Failure to Register as a Sex
Offender" case to be referred/filed with the KCPAO. Unless, due to extenuating
circumstances the witness is incapable of writing out there own statement, the
contacting officer/detective will have the witness write and sign the statement in their
own handwriting to contain, verbatim, the information on the witness form.
. R
—,5
ARTICLE VI. FILING NON -DISCOVERABLE FACE SHEET
"Exhibit D" is the "Filing Non -Discoverable Face Sheet." This form shall be
attached to each "Felony Failure to Register as a Sex Offender" case that is referred
to the King County Prosecuting Attorney's Office.
ARTICLE VII. SUPPLEMENTING, NOT SUPPLANTING
Funds may not be used to supplant (replace) existing local, state, or Bureau of Indian
Affairs funds that would be spent for identical purposes in the absence of the grant.
Overtime - To meet this grant condition, you must ensure that:.
Overtime exceeds expenditures that the grantee is obligated or funded to pay
in the current budget. Funds currently allocated to pay for overtime may not
be reallocated to other purposes or reimbursed upon the award of a grant.
Additionally, by the conditions of this grant, you are required to track all
overtime funded through the grant
ARTICLE VII. AMENDMENTS
No modification or amendment of the provisions hereof shall be effective unless in
writing and signed by authorized representatives of the parties hereto. The parties
hereto expressly reserve the right to modify this Agreement, by mutual agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by having their
representatives affix their signatures below.
Federal Way Police Department
Brian Wilson, Chief of Police
Date
KING COUNTY SHERIFF'S
OFFICE
Susan L. Rahr, Sheriff
Date
R_G
Exhibit A SEX AND KIDNAPPING OFFENDER
ADDRESS VERIFICATION FORM
❑ VERIFICATION ❑ MOVED/CHANGE OF ADDRESS
Full name of registrant:
Last First Middle
DOB
POB
SEX
RACE
HEIGHT
WEIGHT
HAIR
EYES
Convicted of:
Aliases Used:
Year and County of Conviction:
SSN:
Current Registered Residence:
Address: Phone:
City: State: Zip:
New Residence (If different than registered address):
Address: Phone:
City: State: Zip:
Employer Name/Address: Phone:
School:
RCW 9A.44.130
OFFENDERS WHO LACK A FIXED RESIDENCE: If you lack a fixed residence and leave the county in
which you are registered, and enter and remain in a new county for 24 hours, you are required to register
with the county sheriff of the new county of residence not more than 24 hours after entering the county. If
you are under supervision of DOC you shall register in the county in which you are supervised. If you
previously were registered to a fixed address, and now lack a fixed address you must give written notice to
the county sheriff of the county where you last registered within 48 hours after ceasing to have a fixed
residence. If you lack a fixed residence, you must report in person to the county sheriff once a week.
The lack of a fixed residence is a factor that may be considered in determining an offender's risk
level and shall make the offender subiect to disclosure of information to the public at large pursuant
to RCW 4.24.550.
Signature of Offender: Date:
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Exhibit C Sex/Kidnapping Offender Address and Residency Verification
Witness Statement for Failure to Register Case
Agency:
Ex-Roomate
My name is _
(date).
_ and I live at
I have lived here since
I know (offender) because he used to live with me from
(date) to (date). My relationship with (offender) is
(e.g. friend, family member, etc.)
offender) moved out on
because
I do/ do not know where he moved to. Explain:
New Tenant
My name is
date).
I don't know
with me at this address.
Page 1 of 2
P-1�
.(date)
and I live at
I have lived here since
I ffender) and he has never lived here
Exhibit C Sex/Kidnapping Offender Address and Residency Verification
Witness Statement for Failure to Register Case
Manager/ Landlord (only if manager/ landlord knows offender)
My name is
at
(date).
offender) moved out on
because
(e.g. moved out, evicted, unit sold, etc.)
1 do/ do not know where he moved to. Explain:
There has been a new tenant in that residence since
Signature
The above statement is true and correct to the best of my knowledge.
Signature
Y. -I
Page 2 of 2
Date
and I am the manager
(address) since
date)
(date).
Exhibit D
WASPC GRANT FILING
NON -DISCOVERABLE
TO: KCPAO — Special Assault Unit —
Seattle
DATE:
FROM:
INCIDENT #:
AGENCY:
SUSPECT #1:
DOB:
RACE:
SEX: M ❑ F❑
HGT:
WGT:
SUSP #1 ADDRESS:
CHARGE: Failure to Register as a Sex Offender
DATE OF CRIME:
VICTIM #1: State of Washington
DOB:
VICTIM #2:
DOB:
INTERVIEWED BY: NO ONE
DPA NAME:
TYPE OF CASE: FTR - Failure To Register I OTHER TYPE:
THIS CASE IS BEING REFERRED FOR THE FOLLOWING REASONS
F-1 FILING OF CHARGES: - Comments:
❑ DECLINE: - Comments:
WASPC STATISTICAL REPORTING TO KCSO
Case Referral Received by KCPAO on this date:
Case filed by KCPAO: YES ❑ NO ❑
Cause Number Assigned:
If no, please indicate why:
Other Explanation:
A-11
DATE: November 4th, 2008
TO: Council Members; Planning Commission Members
FROM: Aaron Walls, Deputy City Attorney /G -
SUBJECT: Staff Report on the final reorganization of the Federal Way City Code and
concurrent updates and revisions to the Code.
On November 20th, 2007 City Council authorized the reorganization of the City Code and
correction of various non -substantive errors. Subsequently the City contracted with Code
Publishing Inc. to re -codify the Code. Code Publishing has returned a proof version of the newly
reorganized Code for editing and approval. During the process Code Publishing has identified
about 30 technical errors or duplicative sections to be addressed. There are also some changes to
the organization of certain articles. City Staff have also located sections with errors, unclear
language, and redundancies that should be addressed. In addition, through the process of
working with the Code, a number of areas where updates are needed have been identified. These
were previewed to Management Team in June and July for comments and direction.
The updates have been broken into different ordinances depending on the areas that Council
Committees supervise. The update ordinances that address development regulations or change
language in the zoning code will first be brought to Planning Commission on November 5th,
before going to LUTC on November 17th. Update ordinances addressing issues involving police
and parks will go to the PRHSP committee on November 10th. Update ordinances addressing
issues with financial and business code updates will go to FEDRAC on November 25th. Lastly
each update will be presented before the full Council for first reading on December 2nd and
second reading on December 16th.
A final reorganization resolution will track the updates, going to each council committee. The
resolution will correct organizational and technical errors found in the draft reorganization and
authorize the reorganization to be finalized. It will be presented on December 16th with the
second reading of the update ordinances.
All Committees
Final Reorganization Resolution
This resolution directs the correction or reorganization of the draft reorganization in areas
such as citation references, numbering, section names, cross references, and section placement.
It recognizes the changes caused to the organization by the various update ordinances and directs
that the format changes previously authorized be applied to them. It then directs publication and
accepts the new Code upon publication.
Land Use and Transportation Council Committee (and Planning Commission)
Technical Update
This update corrects numbering errors, grammatical errors, redundant language,
typographical errors, and corrects organization to conform to the new format.
Definitions Update
This update simplifies definitions; corrects typographical errors, citation errors, and
corrects organization to conform to the new format. It also eliminates redundant definitions;
consolidates definitions; moves regulations from definition sections to regulatory sections;
removes unused terms; adds cross references; organizes definitions into separate sections; and
makes definitions consistent with state law where needed. In one case in particular it uses a
single consistent definition of development.
Civil Enforcement, Penalty, Authority, and Procedure Update
This update generally makes civil enforcement, penalties, authority and procedures
consistent; and removes redundancies. Currently civil enforcement, whether for fines or to
review zoning violation decisions, is done through a number of different procedures leading to a
hearing examiner. This update consolidates all of these processes into a single one, so that all of
these types of hearings will operate under the same rules and use the same code sections.
Land Use Decision Process Update
Currently land use decisions are made through a number of processes. Many of these
processes overlap and contain redundant provisions. This update eliminates redundant sections
in the processes, consolidates sections, makes language consistent, and clarifies language. It also
deletes the hearing examiner provisions in process III and instead redirects those hearings to use
the process in process IV. It will also make some minor technical changes such as limiting the
application of interpretations to future land use decisions, clarifying process VI and making it
more compliant with state law, increasing the time it allows the City to consider code
amendment proposals to 90 days, and otherwise making the processes more consistent with state
law.
Nuisance Code update
This update adds sections that generally prohibit nuisances, it makes enforcement
consistent, it collects and organizes nuisance provisions into the Nuisance title, and it cross-
references nuisance provisions.
Parks Recreation Cultural Services and Police Council Committee
Technical and Definitions Update
This update simplifies definitions; corrects typographical errors, citation errors, and
corrects organization to conform to the new format. It also eliminates redundant definitions;
consolidates definitions; moves regulations from definition sections to regulatory sections;
removes unused terms; adds cross references; organizes definitions into separate sections; and
makes definitions consistent with state law where needed.
Animal Code Update
The animal code update is not intended to change policy or make substantive changes. It will
remove redundancies, clarify language, correct references, coordinate provisions, and update and
coordinate the language with the County code. It includes updates to animal code definitions
consistent with other definition updates.
Criminal Law Update
This update makes criminal penalties consistent, removes redundancies; updates
provisions consistent with and coordinated with state law, including updating massage
regulations and firearm provisions., It also updates criminal law definitions, and addresses the
organization of the criminal provisions; moving criminal sections to the criminal code. It adds
language on how to interpret and construct the language in the Code, clarifies jurisdiction, and
adopts relevant state criminal procedures consistent with current practice. It specifically
criminalizes no contact order provisions and probation violations, which is consistent with other
provisions in the law, but is more succinct and clear. It adopts state misdemeanors generally. It
authorizes bail forfeitures. It also updates SOAP provisions to be more workable and more
applicable.
Finance, Economic Development, and Regional Affairs Council Committee
Technical and Definitions Update
This update simplifies definitions; corrects typographical errors, citation errors, and
corrects organization to conform to the new format. It also eliminates redundant definitions;
consolidates definitions; moves regulations from definition sections to regulatory sections;
removes unused terms; adds cross references; organizes definitions into separate sections; and
makes definitions consistent with state law where needed.
Business Code update
This update removes redundancies, makes language and provisions consistent, and
repeals massage regulations as required by state law. State law currently preempts local massage
practitioner regulations.
Business Code Civil Enforcement and Procedure Update
Generally makes civil enforcement, penalties, authority and procedures consistent;
removes redundancies. Currently civil enforcement, whether for fines or to review licensing
decisions, is done through a number of different procedures leading to a hearing examiner. This
update consolidates all of these processes into a single one, so that all of these types of hearings
will operate under the same rules and the same code. (except for some specific areas such as
alarms and drug seizures).
FEDERAL WAY REVISED CODE OUTLINE COMPARISON
New Federal Way Revised Code is on the left with new or changed text underlined (in red).
Old Federal Way City Code is on the right in italics (in blue).
Changes from draft Revised Code to phase II in fushia.
FEDERAL WAY REVISED CODE
Title 1 General Provisions
Chapter 1,05 - Code Construction
Chapter 1.10 - Criminal Enforcement of Code
Chapter 1.15 - Civil Enforcement of Code
Chapter 1.20 - Claims Against the City
Chapter 1.25 - Appeal Procedure
Chapter 1.30 - Initiative and Referendum Powers
Chapter 1.35 - Annexation
Title 2 Government
Departments, Officials, and Employees
Chapter 2.05 - Government in General
Chapter 2.10 - City Council and Mayor
Chapter 2.15 - Municipal Court
Chapter 2.20 - Hearings Examiner
Chapter 2.25 - Police Department
Chapter 2.30 - Community Development Department
Code enforcement officer - Duty to
investigate.
Code enforcement officer - Entrance on
private property.
Chapter 2.35 - Indemnification
Chapter 2.40 - Travel Policy and Procedure
Boards Committees and Commissions
Chapter 2.45 - Civil Service Commission
Chapter 2.50 - Arts Commission
Chapter 2.55 - Human Services Commission
Chapter 2.60 - Youth Commission
Chapter 2.65 - Diversity Commission
Chapter 2.70 - Disability Board
Chapter 2.75 - Lodging Tax Advisory Committee
Chapter 2.80 - Independent Salary Commission
Chapter 2.85 - Parks and Recreation Commission
Chapter 2.90 - Planning Commission
Title 3 Revenue and Finance
Taxation
Chapter 3.05 - Taxation Generally
Chapter 3.10 - Utilities
Chapter 3.15 - Excise Tax on Sales
Chapter 3.20 - Leasehold Tax
Chapter 3.25 - Transient Lodging Tax
Chapter 3.30 - Multifamily Dwelling Unit Limited Property
Tax Exemption
Chapter 3.35 - Sales and Use Tax
Chapter 3.40 - Gambling Activities
FEDERAL WAY CITY CODE
Chapter 1 General Provisions
Chapter 1 Article I
Chapter 1 Art 11
Chapter 1 Art 111
Chapter 2 Art V
Chapter 2 Art VI
Chapter 2 Art Vll
Chapter 19 Art 111
Chapter 2 Administration
Chapter 2 Art ll, IV, X
Chapter 2 Article I V Division 1; Chapter 2 Art I
Chapter 2 Art Il
Chapter 1 Art X
Chapter 22 Art 11 Div 3
Chapter 2 Art IV Div 4
Chapter 22 Art II Div 4; Chapter 22 Art 1l Div 5 partial
FWCC 22-121
FWCC 22-122
Chapter 2 Art 1 V Div 2
Chapter 2 Art IV Div 3
Chapter 2 Art Ill
Chapter 2 Art 11/ Div 1
Chapter 2 Art Ill Div 2
Chapter 2 Art Ill Div 3
Chapter 2 Art Ill Div 4
Chapter 2 Art 111 Div 5
Chapter 2 Art 111 Div 6
Chapter 2 Art Ill Div 7
Chapter 2 Art 111 Div 8
Chapter 11 Art Il
Chapter 22 Art 11 Div 2
Chapter 7; Chapter 14
Chapter 14
Chapter 14 Art IV Div 1
Chapter 14 Art V
Chapter 14 Art 11 Div 2
Chapter 14 Art 11 Div 3
Chapter 14 Art 11 Div 4
Chapter 14 Art 11 Div 7
Chapter 14 Art 1/1 Div 2; Chapter 14 Art 111 Div 3
Chapter 14 Art IV Div 2
Finance Chapter 7
Chapter 3.45 - Finance in General Chapter 7 Art I
Chapter 3.50 - Funds Chapter 7 Art 11
Title 4 City Property
Chapter 11, 13
Parks and Public Places
Chapter 11; Chapter 13
Chapter 4.05 - Park Regulations
Chapter 11 Art 111
Chapter 4.10 - Smoking in City Buildings
Chapter 13 Art I// Div 2
Chapter 4.15 - Art in Public Places
Chapter 2 Art IX
Streets and Sidewalks
Chapter 13
Chapter 4.20 - Vacation of Streets
Chapter 13 Art IV
Chapter 4.25 - Rights -of -Way
Chapter 13 Art Il
Chapter 4.30 - Activities in the Right -of -Way
Chapter 13 Art V Div 1, 2
Chapter 4.35 - Right -of -Way Vegetation
Chapter 13 Art VII
Chapter 4.40 - Sidewalks
Chapter 13 Art VI
Title 5 (Reserved)
Title 6 Public Safety and Welfare
Chapter 6
Chapter 6.05 - Public Safety and Welfare in General
Chapter 6 Art I
Chapter 6.10 - Drug. Alcohol. and Poisons
Chapter 6 Art ll, IV,- Chapter 2 Art Vlll
Chapter 6.15 - Vehicles
Chapter 15 Art 11; Chapter 15 Art X
Chapter 6.20 - Children and Minors
Chapter 6 Art Ill
Chapter 6.25 - Firearms and Dangerous Weapons
Chapter 6 Art VI; Chapter 2 Art XI
Chapter 6.30 - Property
Chapter 6 Art IX
Chapter 6.35 - Persons
Chapter 6 Art Vlll
Chapter 6.40 - Dishonesty
Chapter 6 Art VII
Chapter 6.45 - Public Morals
Chapter 6 Art X
Chapter 6.50 - Public Officers
Chapter 6 Art XI
Chapter 6.55 - Public Peace
Chapter 6 Art X11
Chapter 6.60 - Fire
Chapter 6 Art V
Chapter 6.65 - Gambling
Chapter 6 Art XV
Chapter 6.70 - Public Nuisance
Chapter 6 Art XIV
Chapter 6.75 - Miscellaneous Crimes and Offenses
Chapter 6 Art X111
Title 7 Public Nuisances
Chapter 10
Chapter 7.03 - General Public Nuisances
New
Chapter 7.05 - Specific Public Nuisances
Air quality regulations.
FWCC 22-947
Erosion and sedimentation regulation.
FWCC 22-948
Glare regulation.
FWCC 22-950
Heat regulation.
FWCC 22-951
Odor.
FWCC 22-958
Radiation.
FWCC 22-959
Violations deemed
Chapter 13 Art VI: 13-180
Violations deemed
Chapter 13 Art VII: 13-252
Penalty for violation.
Chapter 9 Art V11 Div 1, 2. 9-388
Violations.
Chapter 9 Art V111 Div 1, 2: 9-422
Chapter 7.10 - Noise
Chapter 10 Art 11
Maximum environmental noise levels.
FWCC 22-956
Noise level bonds.
FWCC 22-957
Chapter 7.15 - Graffiti
Chapter 10 Art 111
Chapter 7.20 - Junk and Junk Vehicles
Chapter 15 Art V Div I
Junk and junkyards prohibited.
FWCC 22-952
Title 8 Traffic and Vehicles
Chapter 15
Chapter 8.05 — Traffic and Vehicles in General
Chapter 15 Art I
Chapter 8.10 — Commute Trip Reduction (CTR)
Chapter 15 Art VII
Chapter 8.15 — Impoundment for No License
Chapter 15 Art Vlll
Chapter 8.20 — Motorized Foot Scooters
Chapter 15 Art IX
Chapter 8.25 — Bicycles
Chapter 15 Art VI
Chapter 8.30 — Speed Limits
Chapter 15 Art 11/
Chapter 8.35 — Cruising
Chapter 15 Art V Div 3
Chapter 8.40 — Street Use Restriction
Chapter 15 Art V Div 4
Chapter 8.45 — Equipment
Chapter 15 Art V Div 2
Chapter 8.50 — Parking Generally
Chapter 15 Art IV Div 1, 2
Chapter 8.55 — Fire Lanes
Chapter 15 Art IV Div 3
Title 9 Animals
Chapter 4
Chapter 9.05 — Administration and Enforcement
Chapter 4 Art I (partial) Art II Div 1, 2, 3
Definitions.
FWCC 4-1
Purpose.
FWCC 4-2
Contract with county.
FWCC 4-3
Criminal penalty.
FWCC 4-4
Civil penalty.
FWCC 4-5
Personal obligations.
FWCC 4-6
Costs of enforcement action.
FWCC 4-7
Waiver of fees and penalties.
FWCC 4-8
Additional enforcement.
FWCC 4-9
Euthanasia rate targets.
FWCC 4-16
Canvassing program.
FWCC 4-19
Use of revenue from canvassing program
FWCC 4-20
and sale of juvenile licenses.
Exemptions.
FWCC 4-21
Release from confinement.
FWCC 4-22
Monitoring.
FWCC 4-23
Mandatory spaying and neutering.
FWCC 4-24
Spay/neuter vouchers.
FWCC 4-25
Education.
FWCC 4-26
Breeder certification program.
FWCC 4-27
Chapter 9.10 — Animal Regulations
Chapter 4 Art I (partial)
Cruelty declared unlawful.
FWCC 4-10
Fowl and rabbits.
FWCC 4-11
Livestock.
FWCC 4-12
Exotic animals.
FWCC 4-13
Guard dogs.
FWCC 4-14
Unlawful acts against police department
FWCC 4-15
dogs — Penalty for violation.
Sale or giving away of unaltered dogs and
FWCC 4-17
cats.
Advertisements for unaltered dogs and
FWCC 4-18
cats.
Chapter 9.15 — Animal Nuisances
Chapter 4 Art V
Chapter 9.20 — Rabies Control
Chapter 4 Art VII
Chapter 9.25 — Dangerous Dogs
Chapter 4 Art IV
Chapter 9.30 — Vicious Animals
Chapter 4 Art VI
Chapter 9.35 — Impoundment
Chapter 4 Art VIII
Chapter 9.40 — Animal Licenses
Chapter 4 Art ///
Chapter 9.45 — Animal Related Businesses
Chapter 9 Art IV Div 1, 2, 3
Title 10 (Reserved)
Title 11 Utilities
Electrical and Communication
Chapter 11.05 — Electric Installation
Chapter 11.10 — Cable Communications Systems
Solid Waste
Chapter 11.15 — Solid Waste in General
Chapter 11.20 — Solid Waste Collection Regulations
Chapter 11.25 — Solid Waste Collection Companies
Chapter 11.30 — Solid Waste Rates Charges and Billing
Procedures
Surface Water Utility
Chapter 11.35 — Surface Water Utility in General
Chapter 11.40 — Surface Water Policy
Chapter 11.45 — Surface Water Rates and Charges
Chapter 11.50 — Surface Water Billing Procedure
Title 12 Businesses
Chapter 12.05 — Registration
Business registration.
Chapter 12.10 —Adult Entertainment
Chapter 12.15 — Pawnbrokers and Secondhand Dealers
Chapter 12.20 — Private Security Systems
Chapter 12.25 — Temporary Businesses
Chapter 12.30 — Public Dances and Dance Halls
Chapter 12.40 — Bathhouses
Chapter 12.45 — Taxicabs
Chapter 12.50 — Alarms
Chapter 12.55 — Fireworks
Chapter 12, 16
Chapter 16 Art Il Div 2
Chapter 9 Art I XI
Chapter 12
Chapter 12 Art I
Chapter 12 Art Il
Chapter 12 Art Ill
Chapter 12 Art IV
Chapter 16 Art 111
Chapter 16 Art 111 Div 1
Chapter 16 Art Ill Div 2
Chapter 16 Art 111 Div 3
Chapter 16 Art 1/1 Div 4
Chapter 9
Chapter 9 Art 11
FWCC 14-138
Chapter 9 Art Ill Div 1, 2, 3, 4
Chapter 9 Art V Div 1, 2, 3, 4
Chapter 9 Art VI Div 1, 2, 3, 4
Chapter 9 Art VII Div 1, 2
Chapter 9 Art Vlll Div 1, 2
Chapter 9 Art X Div 1, 2, 3, 4
Chapter 17 Art Il Div 1, 2, 3A, 38, 3C, 4, 5, 6
Chapter 3
Chapter 8 Art I
Title 13 Buildings
Chapter 5, 8
Buildings and Building Regulations
Chapter 5
Chapter 13.05 — Buildings in General
Chapter 5 Art I
Chapter 13.10 — Building Regulations Administration
Chapter 5 Art //
Chapter 13.15 — Building Construction Standards
Chapter 5 Art 111
Chapter 13.20 — Five -Story Wood Frame Buildings
Chapter 5 Art IV
Chapter 13.25 — Plumbing Code
Chapter 5 Art V
Chapter 13.30 — Mechanical Code
Chapter 5 Art VI
Chapter 13.35 — Existing Buildings
Chapter 5 Art VII
Chapter 13.40 —Swimming Pools — Hot Tubs — Spas
Chapter 5 Art Vlll
Chapter 13.45 — Moving Buildings
Chapter 5 Art IX
Chapter 13.50 — Electrical Code
Chapter 5 Art X
Chapter 13.55 — Fire Code
Fife Pr-event+en and Pmt Gti011
Chapter 13.55 F=o Genefai
Chapter 13.60 -- Firms{eventien /1rlministratien
Chapter 13.65 Fire Cede
Chapter 13.76 ow,ake Detect--_
Chapter 5 Art XI
Chapter-
Chapter- 8 Art 1, Chapter- 8,44 11 Div i
Chapter- 8 Art U Div
-Chapter- 9 Art �14
Title 14 Environmental Policy
Chapter 14.05 — Environmental Policy in General
Chapter 14.10 — Environmental Policy Administration
Chapter 14.15 — Categorical Exemptions I Threshold
Determinations
Chapter 14.20 — Environmental Impact Statement
Chapter 14.25 — Environmental Policy Statement
Chapter 14.30 — Critical Areas
Title 15 Shoreline Management
Chapter 15.05 — Shoreline Management
Title 16 Surface Water Management
Surface Water Mana_, eq ment
Chapter 16.05 — Surface Water Management in General
Chapter 16.10 — Administration and Enforcement
Chapter 16.15 — Regulated and Exempt Activities
Chapter 16.20 — Requirements
Chapter 16.25 — Approval Standards
Chapter 16.30 — Adjustments
Chapter 16.35 — Ownership, Operation, and Maintenance
Requirements
Water Quality
Chapter 16.45 — General Water Quality and Enforcement
Scope.
Quality of water entering streams and
lakes.
Quality of water entering the public
stormwater system.
Quality of water entering the ground.
Special enforcement provisions.
Discharges as public nuisances and
violations.
Chapter 16.50 — Discharges into Federal Way Waters and
Storm Drainage Systems
Chapter 16.55 — Best Management Practices
Title 17 (Reserved)
Title 18 Subdivisions
Chapter 18.05 — Subdivisions in General
Chapter 18.10 — Boundary Line Adjustments
Chapter 18.15 — Lot Line Eliminations
Chapter 18.20 — Binding Site Plans
Chapter 18.25 — Zero -lot Line, Small Lot, and Cottage
Development
Chapter 18.30 — Short Subdivision Plats
Chapter 18.35 — Preliminary Plat
Chapter 18.40 — Final Plat
Chapter 18.45 — Alterations of Plats
Chapter 18.50 — Vacation of Subdivisions
Chapter 18.55 — Design Criteria
Chapter 18.60 — Subdivision Improvements
Chapter 18 Art N
Chapter 18 Art 11 Div 1
Chapter 18 Art 1l Div 2
Chapter 18 Art Il Div 3
Chapter 18 Art 11 Div 4
Chapter 18 Art 11 Div 5
Chapter 18 Art 11 Div 6
Chapter 18 Art Ill Div 1, 2
Chapter 18 Art 111 Div 1, 2
Chapter 21
Chapter 21 Art I, Chapter 21 Art 11 Div 1
Chapter 21 Art Il Div 5, Chapter 21 Art 111 Div 1, 3
Chapter 21 Art Il Div 2
Chapter 21 Art Il Div 3
Chapter 21 Art Il Div 4
Chapter 21 Art U Div 6
Chapter 21 Art ll1 Div 2
Chapter 21 Art IV
Chapter 21 Art IV Div 1, 4; Chapter 22 Art X111 Div 12 partial
FW -CG 22 546
FWCC 22-1196
FWCC 22-1197
FWCC 22-1198
FWCC 22-1199
FWCC 22-1200
FWCC 22-1201
Chapter 21 Art/ V Div 2
Chapter 21 Art IV Div 3
Chapter 20
Chapter 20 Art 1, Chapter 20 Art 11 Div 1
Chapter 20 Art 11 Div 2
Chapter 20 Art 11 Div 2
Chapter 20 Art 11 Div 3
Chapter 20 Art II Div 5, 6, 7
Chapter 20 Art 11 Div 8
Chapter 20 Art 11 Div 9
Chapter 20 Art 1l Div 10
Chapter 20 Art 11 Div 11
Chapter 20 Art 11 Div 12
Chapter 20 Art 111
Chapter 20 Art IV
Chapter 18.65 — Public Improvement Assessments
Title 19 Zoning and Development Code
Administration
Chapter 19.05 — Zoning and Development in General
Chapter 19.10 — Enforcement
Zoning citation.
Civil enforcement.
Chapter 19.15 — Permits and Review Processes
Chapter 19.20 — Permits and Certificate of Occupancy
Chapter 19.25 — Bonds
Chapter 19.30 — Nonconformance
Chapter 19.35 — Amendments
Development Process
Chapter 19.40 — Preapplication Process
Chapter 19.45 — Variances
Chapter 19.50 — Interpretations
Chapter 19.55 — Process I — Director's Approval
Chapter 19.60 — Process II — Site Pian Review
Chapter 19.65 — Process III — Project Approval
Chapter 19.70 — Process IV — Hearing Examiner
Chapter 19.75 — Process V — Quasi -Judicial Rezones
Chapter 19.80 — Process VI — Council Rezones
Chapter 19.85 — Development Agreements
Mitigation and Fees
Chapter 19.90 — Transportation Concurrency Management
Chapter 19.95 — School Impact Fees
Chapter 19.100 — Mitigation of Development Impacts
Development Regulations
Chapter 19.105 — General Development Regulations
Building site.
Essential public facilities.
Lighting regulation
Limitations on Development Activities
and Heavy Equipment Operations
Chapter 19.110 — Density and Dimensions
Affordable housing regulations.
Calculating lot coverage.
Rounding of fractions of dwelling units.
Regulation of distance between
structures — Regarding maximum
horizontal facade
Compliance generally
Exceptions.
Rooftop appurtenances — Required
screening.
Increases to single -story construction
limits — City center core/frame. —
Chapter 19.115 — Community Design Guidelines
Chapter 19.120 — Clearing, Grading, and Tree and
Vegetation Retention
Planting requirements for certain trees.
Chapter 19.125 — Outdoors. Yards, and Landscaping
Chapter 20 Art V
Chapter 22
Chapter 22 Art/, 11
Chapter 22 Art I
Chapter 22 Art II Div 5 partial
FWCC 22-128
FWCC 22-129
Chapter 22 Art ll Div 1
Chapter 22 Art II Div 7
Chapter 22 Art 11 Div 6
Chapter 22 Art I V
Chapter 22 Art 111 Div 1, Z 3A, 38, 3C
Chapter 22 Art XX
Chapter 22 Art 11 Div 8
Chapter 22 Art WA
Chapter 22 Art IV.B
Chapter 22 Art V
Chapter 22 Art VI
Chapter 22 Art VII
Chapter 22 Art VIII
Chapter 22 Art IX
Chapter 22 Art XXI
Chapter 19 Art IV
Chapter 14 Art Vl
Chapter 19 Art 11 Div 2
Chapter 22 Art Xlll Div 1 partial, Chapter 22 Art Xlll Div 3
FWCC 22-953
FWCC 22-946.1
FWCC 22-954
FWCC 22-1006
Chapter 22 Art Xlll Div 1 partial; Chapter 22 Art Xlll Div 5
FWCC 22-976
FWCC 22-955
FWCC 22-961
FWCC 22-964
FWCC 22-1046
FWCC 22-1047
FWCC 22-960
FWCC 22-977
Chapter 22 Art XIX
Chapter 22 Art X111 Div 7
FWCC 22-962
Chapter 22 Art Xlll Div 4, 8 partial, 9 partial; Chapter 22 Art
XV/1
Garbage and recycling receptacles —
Placement and screening..
Scope of division
Exceptions and limitations in some
zones.
Structures and improvements.
Outdoor uses, activities and storage.
Outdoor Activities and Storage
Application of division.
Outdoor Activities and Storage
Commercial and industrial uses.
Chapter 19.130 — Off-street Parking
Residential uses.
Driveways and parking areas.
Chapter 19.135 — Development Improvements
Sight Distance at Intersections
Permissible intrusion in the area to be
kept clear of sight obstruction.
Chapter 19.140 — Signs
Chapter 19.142 — Flood Damage Prevention
Critical Areas
Chapter 19.145 — Environment and Critical Areas in
General
Chapter 19.150 — Critical Areas Administration
Chapter 19.155 — General Site Design Requirements
Chapter 19.160 — Geologically Hazardous Areas
Chapter 19.165 — Streams
Chapter 19.170 — Regulated Lakes
Chapter 19.175 — Regulated Wetlands
Chapter 19.180 — Regulated Wellheads
Chapter 19.185 — Critical Aquifer Recharge Areas and
Wellhead Protection Areas
Zoning Regulations
Chapter 19.190 — General Zoning Regulations
Chapter 19.195 — Suburban Estate (SE)
Chapter 19.200 — Single -Family Residential (RS)
Chapter 19.205 — Multifamily Residential (RM)
Chapter 19.210 — Professional Office (PO)
Chapter 19.215 — Neighborhood Business (BN)
Chapter 19.220 — Community Business (BC)
Chapter 19.225 — City Center -Core (CC -C)
Chapter 19.230 — City Center -Frame (CC -F)
Chapter 19.235 — Office Park (OP)
Chapter 19.240 — Commercial Enterprise (CE)
Chapter 19.245 — Corporate Park (CP -1)
Supplemental Zoning Regulations
Chapter 19.250 — Cottage and Compact Single -Family
Housing
Chapter 19.255 — Personal wireless service facilities
Personal wireless service facilities
(PWSF)
Development standards.
Nonconformance.
Temporary personal wireless service
facilities.
FWCC 22-949
FWCC 22-1131
FWCC 22-1132
FWCC 22-1133
FWCC 22-1134
FWCC 22-1111
FWCC 22-1113
Chapter 22 Art Xlll Div 11; Chapter 22 Art XV
FWCC 22-1112
FWCC 22-1135
Chapter 22 Art XVI
FWCC 22-1151
FWCC 22-1160
Chapter 22 Art XVIII
Chapter 21 Art V
Chapter 22 Art XIV
Chapter 22 Art XIV Div 1
Chapter 22 Art XIV Div 2
Chapter 22 Art XIV Div 3
Chapter 22 Art XIV Div 4
Chapter 22 Art XIV Div 5
Chapter 22 Art XIV Div 6
Chapter 22 Art XIV Div 7
Chapter 22 Art XIV Div 8
Chapter 22 Art XIV Div 9
Chapter 22 Art XI Div 1
Chapter 22 Art Xl Div 2
Chapter 22 Art XI Div 3
Chapter 22 Art XI Div 4
Chapter 22 Art XI Div 5
Chapter 22 Art XI Div 6
Chapter 22 Art XI Div 7
Chapter 22 Art XI Div 8
Chapter 22 Art XI Div 8
Chapter 22 Art X1 Div 9
Chapter 22 Art XI Div 10
Chapter 22 Art XI Div 12
Chapter 22 Art Xll
Chapter 22 Art X111 Div 1 partial
FWCC 22-966
FWCC 22-967
FWCC 22-968
FWCC 22-969
Application requirements.
Collocation.
EMF standards and interference.
Removal of facility.
Permit limitations.
Revocation of permit.
Chapter 19.260 — Animals
Animals in home occupations
Chapter 19.265 — Accessory Uses and Facilities
Accessory uses, facilities and activities.
Accessory dwelling units.
Chapter 19.270 — Home Occupations
Chapter 19.275 — Temporary Uses
Regulation of temporary trailers for
construction and real estate sales offices
FWCC 22-970
FWCC 22-971
FWCC 22-972
FWCC 22-973
FWCC 22-974
FWCC 22-975
Chapter 22 Art X111 Div 2
FWCC 22-1071
Chapter 22 Art X111 Div 1 partial
FWCC 22-946
FWCC 22-965
Chapter 22 Art XI Div 6
Chapter 22 Art X
FWCC 22-963
COUNCIL MEETING DATE: December 2"d, 2008 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: An Ordinance Addressing Amendments Relating To Criminal Law In The Federal Way City Code
POLICY QUESTION: SHOULD THE CITY COUNCIL PASS AN ORDINANCE ADDRESSING CRIMINAL LAW IN THE
FEDERAL WAY CITY CODE?
COMMITTEE: PARKS RECREATION & PUBLIC SAFETY
MEETING DATE: Nov. 10`h, 2008
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: AARON WALLS, DEPUTY CITY ATTORNEY DEPT: Law
See attached staff report.
Attachments: Staff report, Ordinance.
Options Considered: 1. Recommend approval of the Ordinance and forward to the full Council on
December 2nd.
2. Modify the proposed Ordinance and forward to the full council for first reading.
3_ Do not approve the proposed Ordinance;
STAFF RECOMMENDATION: Approve Option 1.
CITY MANAGER APPROVAL: DIRECTOR APPROVAL:
C m ee Council Committee Council
COMMITTEE RECOMMENDATION:
Committee Chair - Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move to forward the ordinance to a second reading for enactment on the
December 16'h consent agenda".
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED IST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 02/06/2006 RESOLUTION #
'tom -1 :-
ORDINANCE NO.
AN ORDINANCE relating to criminal law repealing sections, adding
sections, and amending sections in Chapter 1, Article II; Chapter 5, Article
VIII; Chapter 6, Articles 1, 4, 7, 10, And 12; Chapter 11, Article III; Chapter
13, Articles 6 And 7, Chapter 14, Chapter 15, Chapter 16, Chapter 17, and
Chapter 22 of the Federal Way City Code.
WHEREAS, the City of Federal Way is in the process of re -codifying and reorganizing
the Federal Way City Code (FWCC) into the Federal Way Revised Code (FWRC) and through
this process has found redundant sections and language as well as unclear sections, inaccurate
sections, and other sections that could be revised for better readability and workability; and
criminal provisions can be simplified and consolidated;
WHEREAS, adoption of certain state criminal procedures, a general adoption of state
misdemeanors, and adoption of certain criminal enforcement provisions would be beneficial to
the City and certain Code provisions need to be modified to match state law requirements in
areas of criminal procedure, firearms, massage practitioners;
WHEREAS, none of the changes to the FWCC contained in this ordinance are intended
to change numbering or formatting changes that occur pursuant to the reorganization of the Code
and;
WHEREAS, the City Council of the City of Federal Way finds it in the best interest of
the City to update its code, and amending these sections bears a substantial relation to public
health, safety, or welfare of the people of Federal Way; is consistent with the applicable
provisions of the comprehensive plan; and is in the best interest of the residents of the city;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS
1B _ -2-
1
SECTION 1. Chapter 1, Article Il, Section 1-13, of the Federal Way City Code shall be
amended to read as follows:
1-13 General penalty.
(a) Unless otherwise provided, any person violating any of the provisions or failing to comply
with any of the mandatory requirements of this Code or a„ • e..a:,,. nee of the eity, or any rule or
regulation adopted by the city council pursuant thereto, shall be guilty of a misdemeanor. Except
in cases where a different punishment is prescribed by this Code or any or -din nee of the eity, any
person convicted of a misdemeanor under this Code er the or -din neer of the eily shall be
punished by a fine not to exceed $1,000 or imprisonment for a period of not more than 90 days
or by both such fine and imprisonment.
(b) This seefien shall net preelude and shall be deemed to be in additieft te administrative end
to FWC-C--1 14thr-eugh 1 Enforcement under this section, or any criminal enforcement
proceedings, or sanctions of an Code provision is in addition to and does not preclude or limit
M other forms of enforcement available to the City including but not limited to enforcement
under any provision of Chapter 1.15 FWRC nuisance actions actions for injunctions or any
other civil or equitable actions to abate, discontinue correct or discourage unlawful acts in
violation of this Code.
(c) Each and every day during any portion of which a violation of any mho provisions of this
Code or the or-din_..__es of the `ity is ,,ef 'a+ a a shall be deemed to w
... < <.. .�, 1J ��.�u:��«�a mcu occurs or continues e is
a separate offense.
SECTION 2. Chapter 4, Article 1, Section 4-15 of the Federal Way City Code is hereby
repealed as follows:
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SECTION 3. Chapter 5, Article VIII, Section 5-219, of the Federal Way City Code
(FWRC 13.40.030) is hereby repealed as follows:
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SECTION 4. Chapter 6, Article 1, Section 6-7, of the Federal Way City Code (FWRC
6.05.070) shall be amended to read as follows:
6-7 Penalty.
(a) Unless otherwise provided any Any person convicted of a gross misdemeanor shall be
punished by a fine not to exceed $5,000 or by imprisonment in jail for a term not to exceed one
year, or by both such fine and imprisonment.
(b) Unless otherwise provided, any person convicted of vielating the provisions of this
ehaptef shall be guily • of -a misdemeanor and shall be punished by a fine not to exceed $1,000 or
by imprisonment in jail for a term not to exceed 90 days, or by both such fine and imprisonment.
(c) A person who is convicted of a misdemeanor violation of any provision of Chapter 69.50
RCW adopted by reference shall be punished by imprisonment for not less than 24 consecutive
hours, and by a fine of not less than $250.00. On a second or subsequent conviction, the fine
shall not be less than $500.00. These fines shall be in addition to any other fine or penalty
imposed. Unless the court finds that the imposition of the minimum imprisonment will pose a
substantial risk to the defendant's physical or mental well-being or that local jail facilities are in
an overcrowded condition, the minimum term of imprisonment shall not be suspended or
deferred. If the court finds such risk or overcrowding exists, it shall sentence the defendant to a
minimum of 40 hours of community service. If a minimum term of imprisonment is suspended
or deferred, the court shall state in writing the reason for granting the suspension or deferral and
the facts upon which the suspension or deferral is based. Unless the court finds the person to be
indigent, the minimum fine shall not be suspended or deferred.
SECTION 5. Chapter 6, Article I, Section 6-8, of the Federal Way City Code shall be
amended to read as follows:
6-8 Adoption of Statutes, Construction.
(1hIn adopting the state statutes by reference, only those crimes and offenses within the
jurisdiction of a municipality are intended to be adopted and, in those sections adopted which
deal with both misdemeanors and felonies, only the language applicable to misdemeanors and
gross misdemeanors is to be applied (including to the extent that an anticipatory offense would
be a misdemeanor or gross misdemeanor). By adopting state statutes the city intends to assume
jurisdiction over and become the jurisdictional authority for the enforcement and prosecution of
misdemeanor and jzross misdemeanor crimes. Whenever the word state shall appear in any
statute adopted by reference in this chapter, the word city shall be substituted; provided
however, the term city shall not be substituted for the term state in those circumstances that set
forth administrative or licensing duties of the state and its subdivisions Whenever a state statute
specifically adopted in this chapter refers to another state statute not specifically adopted in this
chapter, the statute referred to shall be given the force and effect necessary to enforce the statute
specifically adopted in this chapter. When issuing a citation information or complaint for the
violation of any section of the RCW adopted by this chapter, it shall be sufficient for a
commissioned officer or prosecutor to cite to and refer to the RCW section number.
3 3 -LJ
(2) With the exception of the RCW sections set forth in subsection (4) of this section or other
RCW sections that are otherwise specifically disavowed in this Code all RCW sections that
constitute misdemeanors and gross misdemeanors and the RCW sections necessary'for the
investigation, arrest, prosecution, sentencing confinement and enforcement of misdemeanors
and gross misdemeanors are hereby adopted by reference and shall be given the same force and
effect as if set forth herein in full. The fact that sections of this Code adopt by referencespecific
sections of the RCW shall not affect this section. Sections of the Code that specifically recite
that sections of the RCW are not adopted or do not apply shall control over this section
(3) All class C felony crimes set forth in the RCW are hereby adopted by reference for
the purposes of charging a gross misdemeanor for a violation of any of the crimes set forth
in Chapter 9A.28 RCW. The adoption of class C felonies shall be subject to the provisions
of subsection (1 ) and (2) of this section.
(4) The following RCW sections are specifically not adopted:
(a) RCW 9A.16.110 Defending against violent crime — Reimbursement.
(5) If any chapter, section subsection sentence or provision of this title or its application to
any person or circumstance is held invalid, the remainder of this title or the application of the
chapter, section subsection sentence or provision to other persons or circumstances is not
affected, and to this end, the chapters sections subsections sentences and provisions of this title
are declared to be severable.
(6) The provisions of this title are intended to create a duty to the public in general and not to
create any duty to individuals or to any particular class of individuals These provisions are not
for the protection of any person or class of persons.
SECTION 6. A new section is added to Chapter 6, Article I, of the Federal Way City
Code to read as follows:
6-10 RCW Title 10, entitled "Criminal Procedure" — Adoption by reference.
The following RCW sections are adopted by reference:
(1) RCW 10. 14.120 Disobedience of order — Penalties.
(2) RCW 10.14.170 Criminalep nalW
(3) RCW 10.31.030 Service — How — Warrant not in possession procedure — Bail
(4) RCW 10.31.040 Officer may break and enter.
(5) RCW 10.31.050 Officer may use force.
(6) RCW 10.31.060 Arrest by telegEaph or teletype.'
(7) RCW 10.31.100 Arrest without warrant.
(8) RCW 10.99.010 Purpose — Intent.
(9) RCW 10.99.020 Definitions.
(10) RCW 10.99.030 Law enforcement officers — Training powers duties — Domestic
violence reports.
(11) RCW 10.99.040 Duties of court — No -contact order.
(12) RCW 10.99.045 Appearances by defendant — No -contact order.
(13) RCW 10.99.050 Victim contact — Restriction prohibition — Violation penalties —
Written order — Procedures — Notice of change.
(14) RCW 10.99.055 Enforcement of orders.
(15) RCW 10. 99.060 Prosecutor's notice to victim — Description of available procedures
4 `V_5
(16) RCW 10.99.070 Liabilijy of peace officers.
SECTION 7. A new section is added to Chapter 6, Article I, of the Federal Way City
Code to read as follows:
6-11 Bail forfeiture
A court may accept in an amount and through a process agreed to by the parties a forfeiture of
bail as a final disposition of a criminal charge or an infraction under this Code when agreed to by
both the prosecutor and the defendant or respondent. A court may accept a forfeiture of bail as a
final disposition of a criminal charge under this Code when the defendant fails to respond to a
notice or summons to appear, having previously posted a bail amount; one year has passed; and
the prosecutor agrees.
SECTION 8. A new section is added to Chapter 6, Article I, of the Federal Way City
Code to read as follows:
6-12 Probation violations.
It is a misdemeanor for any person who has been convicted of a criminal offense and has
been placed, and remains, on probation in connection with a suspended or deferred sentence
by a court to knowingly violate any provision of a court's probation order.
SECTION 9. A new section is added to Chapter 6, Article I, of the Federal Way City
Code to read as follows:
6-13 Jurisdiction
The following persons are subject to punishment:
1. A person who commits in the city crime as defined by ordinance in whole or part;
2. A person who commits out of the city any act which if committed within it would be theft
and is afterward found in the city with any of the stolen property
3. A person who being out of the city, counsels causes procures aids or abets another to
commit a crime in the city;
4. A person who commits an act without the city which affects persons or property within the
city which, if committed within the city, would be a crime.
SECTION 10. Chapter 6, Article IV, Section 6-86, of the Federal Way City Code (FWRC
6.10.040) shall be amended to read as follows:
6-86 Statutes adopted.
The following state statutes, inelud mg-ullnfutffe-ircrancre,-additiora-v�acrcfi
ens; are
adopted by reference:
(1) RCW 69.41.020, Prohibited acts — Information not privileged communication.
(2) RCW 69.41.030, Sale, delivery, or possession of legend drug without prescription or
order prohibited — Exceptions.
(3) RCW 69.41.040, Prescription requirements — Penalty.
(4) RCW 69.41.050, Labelling requirements.
(5) RCW 69.41.320, Practitioners — Restricted use — Medical records.
(6) RCW 69.41.350, Penalties.
(7) RCW 69.43.105, Ephedrine, pseudoephedrine, phenylpropanolamine — Sales restrictions
— Exceptions — Penalty.
(8) RCW 69.43.010, Report to state board of pharmacy — List of substances — Modification
of list — Identification of purchasers — Report of transactions — Penalties.
(9) RCW 69.43.020, Receipt of substance from source outside state — Report — Penalty.
(10) RCW 69.43.030, Exemptions.
(11) RCW 69.43.035, Suspicious transactions — Report — Penalty.
(12) RCW 69.43.043, Recordkeeping requirements — Penalty.
(13) RCW 69.43.090, Permit to sell, transfer, furnish, or receive substance — Exemptions —
Application for permit — Fee — Renewal — Penalty.
(14) RCW 69.43.110, Ephedrine, pseudoephedrine, phenylpropanolamine — Sales restrictions
— Penalty.
(IS) RCW 69.43.120, Ephedrine, pseudoephedrine, phenylpropanolamine — Possession of
more than fifteen grams — Penalty — Exceptions.
(16) RCW 69.43.170, Ephedrine, pseudoephedrine, phenylpropanolamine — Pilot project to
record retail transactions — Penalty.
(17) RCW 69.50.101, Definitions.
(18) RCW 69.50.2040(1-3), Schedule I --Marquana.
(19) RCW 69.50.309, Containers.
(20) RCW 69.50.4014, Possession of forty grams or less of marijuana — Penalty.
(2 1) RCW 69.50.412, Prohibited acts: E — Penalties.
(22) RCW 69.50.505, Seizure and forfeiture.
(23) RCW 69.50.506, Burden of proof.
(24) RCW 69.50.509, Search and seizure of controlled substances.
(Ord. No. 91-89, § 1(9.14.010),3-5-91; Ord. No. 99-362, § 2, 12-21-99; Ord. No. 02-429, §
4, 11-19-02; Ord. No. 04-458, § 3, 2-3-04; Ord. No. 04-463, § 2, 8-3-04; Ord. No. 05-508, § 1,
11-1-05)
SECTION 11. Chapter 6, Article IV, Section 6-91, of the Federal Way City Code (FWRC
6.10.090) shall be amended to read as follows:
6-91 Drug-related loitering.
(a) It is unlawful for any person to loiter in or near any thoroughfare, place open to the public,
or near any public or private place in a manner and under circumstances manifesting the intent to
engage in drug-related activity contrary to any of the provisions of Chapter 69.41, 69.50, or
69.52 RCW.
(b) Among circumstances which may be considered to determine whether such intent is
manifested are:
6 'B— -1
(1) Such person is known to use, possess, or sell illegal drugs. For purposes of this chapter,
a "person known to use, possess, or sell illegal drugs" is a person who has been convicted in any
court within this state of any violation involving the use, possession or sale of any of the
substances referred to in Chapters 69.41, 69.50, and 69.52 RCW, or substantially similar laws of
any political subdivision of this state or of any other state; or a person who displays physical
characteristics of drug intoxication or usage, such as "needle tracks"; or a person who possesses
drug paraphernalia as defined in FWCC 6-88;
(2) Such person behaves in such a manner as to raise a reasonable suspicion that he or she is
about to engage in or is engaged in an unlawful drug-related activity, including but not limited to
acting as a "lookout";
(3) Such person is physically identified by the officer as a member of a "gang" or
association which has as its purpose illegal drug activity;
(4) Such person transfers small objects or packages for currency in a furtive fashion;
(5) Such person takes flight upon the appearance of a police officer;
(6) Such person manifestly endeavors to conceal himself or herself or any object which
reasonably could be involved in an unlawful drug-related activity;
(7) The area or premises involved is known by law enforcement to be an area of unlawful
drug use and trafficking, known either by public reputation or by reports to law enforcement of
suspected drug activity pursuant to Chapter 69.52 RCW;
(8) Any vehicle involved is registered to a person known to use, possess or sell illegal
drugs, or a person for whom there is an outstanding warrant for a crime involving drug-related
activity.
(c) Any person who violates the provisions of this section is guilty of a misdemeanor ate;
$1,000.
(Ord. No. 06-518, § 1, 3-7-06)
SECTION 12. Chapter 6, Article VII, Section 6-161, of the Federal Way City Code
(FWRC 6.40.010) shall be amended to read as follows:
6-161 Frauds and swindles.
The following state statutes, in .ding all fttufe-atnexdfneaAs, addifiefts- or- delettens,_are
adopted by reference:
(1) RCW 9.04.010, False advertising.
(2) RCW 9.12.010, Barratry.
(3) RCW 9.12.020, Buying, demanding, or promising reward by district judge or deputy.
(4) RCW 9.45.060, Encumbered, leased or rented personal property.
(5) RCW 9.45.070, Mock auctions.
(6) RCW 9.45.080, Fraudulent removal of property.
(7) RCW 9.45.090, Knowingly receiving fraudulent conveyance.
(8) RCW 9.45100, Fraud in assignment for benefit of creditors.
(9) RCW 9.26A.120, Fraud in operating coin -box telephone or other receptacle.
(10) RCW 9.26A.130, Penalty for manufacture or sale of slugs to be used for coin.
(11) RCW 9A.56.330, Possession of another's identification.
(12) RCW 9.60.010, Definitions.
7 13 r<�
(13) RCW 9A.60.040, Criminal impersonation in the first degree.
(14) RCW 9A.60.045, Criminal impersonation in the second degree.
(15) RCW 9A.60.050, False certification.
(16) FGIAT 19.48. i 18; Obtaining hotel, fest ,, fatA, ledging house, ski afea,
aeeenunedatiens by ftaud Pen
(17+RCW 74.08.331, Unlawful practices — Obtaining assistance — Disposal of realty —
Penalties.
(Ord. No. 91-89, § 1(9.22.010), 3-5-91; Ord. No. 95-254, § 1, 12-5-95; Ord. No. 00-374, § 4,
9-19-00; Ord. No. 04-458, § 4, 2-3-04; Ord. No. 04-463, § 3, 8-3-04)
SECTION 13. Chapter 6, Article VI, Section 6-138, of the Federal Way City Code shall
be amended to read as follows:
6-138 Weapons prohibited on liquor sale premises.
(a) It is a misdemeanor for anyone, on or in any premises in the city where alcoholic beverages
are dispensed by the drink to:
(1) Carry in any manner any firearm, rifle or handgun, whether such person has a license or
permit to carry such firearm or not, and whether such firearm is concealed or not in thatop rtion
of an establishment classified by the state liquor control board as off-limits to persons under 21
years of age;
(2) Carry any knife, sword, dagger or other cutting or stabbing instrument, with a blade of a
length of three inches or more, or any razor with an unguarded blade, whether such weapon or
instrument is concealed or not;
(3) Carry any instrument or weapon of the kind usually known as a slingshot, taser, throwing
star, bow, sand club, blackjack, metal knuckles, or any stick, chain, metal pipe, bar, club or
combination thereof including a device known as numchuk sticks, or any like device having the
same or similar components or parts, whether or not connected by a rope, chain or other device,
or any explosive or any poison or injurious gas, or any other instrument or weapon apparently
capable of producing bodily harm, whether such instrument or weapon is concealed or not.
(b) The provisions of subsection (a) of this section shall not apply to or affect the following:
(1) Any lawful act committed by a person while in his or her fixed place of business;
(2) Any person who by virtue of his or her office or public employment is vested by law with a
duty to preserve public safety, maintain public order, or to make arrests for offenses, whether
during regular duty hours or not; or
(3) Any person making or assisting in making a lawful arrest for the commission of a felony.
(c) Upon conviction, the weapon or instrument involved may be confiscated by order of the court
and shall thereafter be disposed of in accordance with statutes or ordinances governing the
disposal of confiscated or found property.
(Ord. No. 91-89, § 1(9.20.030), 3-5-91)
SECTION 14. Chapter 6, Article VI, Section 6-139, of the Federal Way City Code shall
be amended to read as follows:
6-139 Firearms prohibited in certain places — Exceptions — Penalty.
(a) It is unlawful for any person to enter the following places when he or she knowingly
possesses or knowingly has under his or her control a firearm:
(1) The restricted access areas of a jail, or of a law enforcement facility, or any place used for the
confinement of a person:
a. Arrested for, charged with, or convicted of an offense;
b. Charged with being or adjudicated to be a juvenile offender as defined in RCW 13.40.020;
c. Held for extradition or as a material witness; or
d. Otherwise confined pursuant to an order of a court, except an order under Chapter 13.32A or
13.34 RCW.
Restricted access areas do not include common areas of egress or ingress open to the general
public.
Exception. This subsection does not apply to a person licensed pursuant to RCW 9.41.070 who,
upon entering the place or facility, directly and promptly proceeds to the administrator of the
facility or the administrator's designee and obtains written permission to possess the firearm
while on the premises or checks his or her firearm. The person may reclaim the firearms upon
leaving but must immediately and directly depart from the place or facility.
(2) A courtroom or judge's chamber, while either is being used for any judicial proceeding. This
does not include common areas of egress and ingress of the courthouse.
Exception. This subsection does not apply to a judge or court employee or to any person licensed
under RCW 9.41.070 who, before entering the restricted area, directly and promptly proceeds to
the court administrator or the administrator's designee and obtains written permission to possess
the firearm.
(3) The restricted access areas of a public mental health facility certified by the department of
social and health services for inpatient hospital care and state institutions for the care of the
mentally ill, excluding those facilities solely for evaluation and treatment. Restricted areas do not
include common areas of egress and ingress open to the general public.
Exception. This subsection does not apply to any administrator or employee of the facility or to
any person who, upon entering the place or facility, directly and promptly proceeds to the
administrator of the facility or the administrator's designee and obtains written permission to
possess the firearm while on the premises.
(4) That portion of an establishment classified by the state liquor control board as off-limits to
persons under 21 years of age.
Exception. This subsection does not apply to the proprietor of the premises or his or her
employees while engaged in their employment.
(b) The provisions of this section do not apply to:
(1) A person engaged in military activities sponsored by the federal or state governments while
engaged in official duties;
(2) Law enforcement personnel; or
(3) Security personnel while engaged in official duties.
(c) Any person violating this section is guilty of a gLoss misdemeanor.
9 3-1 c)
SECTION 15. Chapter 6, Article VI, Section 6-140, of the Federal Way City Code shall
be amended to read as follows:
6-140 Discharge of firearms prohibited.
(a) It is unlawful for any person to knowingly discharge a firearm where there is a reasonable
likelihood of jeopardypeople, property, or animals within the city.
(b) The provisions of this section do not apply to:
(1) A person engaged in military activities sponsored by the federal or state governments, while
engaged in official duties;
(2) Law enforcement personnel; or
(3) Security personnel while engaged in official duties;
(4) A person utilizing a properly licensed instructional, membership and/or commercial shooting
range.
(Ord. No. 91-89, § 1(9.20.050), 3-5-91)
SECTION 16. Chapter 6, Article VII, Section 6-163, of the Federal Way City Code shall
be amended to read as follows
6-163 Forgery, nonfelony.
(a) A person is guilty of forgery, nonfelony, if, with intent to injure or defraud:
(1) He falsely makes, completes, or alters a written instrument; or
(2) He possesses, utters, offers, disposes of, or puts off as true a written instrument that he
knows to be forged; or
(3) The total amount of loss by the victims of the forgery is less than $10600.00.
(b) Forgery, nonfelony, is a gross misdemeanor.
(c) This section is intended to supplement city jurisdiction in cases of forgery declined by the
county. If a person is charged with forgery under state law for a particular incident, they shall not
be charged under this section. If a state agency wishes to charge a forgery case under state law
the city shall dismiss its case to allow that to happen.
(Ord. No. 02-429, § 5, 11-19-02)
SECTION 17. A new section is added to Chapter 6, Article VII, of the Federal Way City
Code (FWRC 6.40.050) to read as follows:
6-165 (FWRC 6.40.0501 Massage practitioners.
It shall be unlawful for any person to practice or represent himself or herself as a massage
practitioner without first applying for and receiving a license to practice from the State
Department of Licensing. RCW 18.108.190 is adopted by reference. To the extent authorized
by RCW 18.108.190, city law enforcement officers shall have the authori1y to inspect the
premises of any business where massages are given. Failure to have a license as required by this
section is a misdemeanor.
10
SECTION 18. A new section is added to Chapter 6, Article VII, of the Federal Way City
Code (FWRC 6.40.060) to read as follows:
6-1661FWRC 6.40.0601 Crimes involving business regulations
The following state statutes are adopted by reference:
(1) RC W 19.48.110, Obtaining hotel restaurant lodging house ski area etc
accommodations by fraud – Penalty
(2) RCW 19.60.066, Prohibited acts — Penalty
SECTION 19. A new section is added to Chapter 6, Article VII, of the Federal Way,City
Code (FWRC 6.40.070) to read as follows:
6-167 (FWRC 6.40.0701 Crimes involving pawnbrokers and secondhand dealers
Every pawnbroker or secondhand dealer and every clerk agent or employee of such pawnbroker
or secondhand dealer, who commits the following acts is guilty of a misdemeanor:
(1) Falsifies, obliterates, destroys or removes from his or her place of business such book or
record;
(2) Refuses to allow a representative of the law enforcement authority for the city to inspect the
same, or any goods in his or her possession during the ordinary hours of business-
(3) Reports any material falsely to the law enforcement authority for the city:
(4) Fails before close of business on the first day of the week to furnish the law enforcement
authority for the city with a full true and correct transcript of the record of all transactions had
during the past business week;
(5) Fails to report forthwith to the law enforcement authority for the city that possession of any
property which he or she may have good cause to believe has been lost or stolen together with
the name of the owner, if known, and the date when received and the name of the person from
whom the same was received;
(6) Removes or allows to be removed from his or her place of business except upon redemption
by the owner thereof, any property received within five years after receipt thereof has been
reported to the law enforcement authority for the city.
(7) Receives any property from any person which he or she has good cause to believe is lost or
stolen;
(8) Refuses to return property which has been identified as stolen or pawned without
authorization, to any person the pawnbroker, a clerk or employee knows to be the rightful owner,
or to charge a fee for the return of such property to the rightful owner;
(91 Violates any provision of FWCC Chapter 9 Article V [FWRC Chapter 12.151 by an act of
either omission or commission.
11 IJ�� Z
SECTION 20. A new section is added to Chapter 6, Article VIII, of the Federal Way City
Code to read as follows:
6-194 Violation of no contact and protection orders
It is a gross misdemeanor to wilftilly disobey a temporary or permanent no contact or protection
order issued pursuant to Chapter 10.99 RCW or Chapter 26.50 RCW
SECTION 21. Chapter 6, Article X, Section 6-236, of the Federal Way City Code
(FWRC 6.45.0 10) shall be amended to read as follows:
6-236 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires
otherwise. Terms not defined here are defined according to FWCC 1-2
The elleAing weraT,- terms and =pnrcrscrwhen , shall have the me - --
Act of prostitution or prostitution means shall fnean engaging, offering to engage, or agreeing to
engage in sexual contact or sexual conduct with any person in return for a fee.
Actor means shall mean a person who engages in conduct in violation of this article.
Exposed means sh4l-mean the state of being revealed, exhibited or otherwise rendered to public
view.
Expressive dance means heart any dance which, when considered in the context of the
entire performance, constitutes an expression of theme, story, or ideas, but excluding any dance
such as, but not limited to, common barroom -type topless dancing which, when considered in the
context of the entire performance, is presented primarily as a means of displaying nudity as a
sales device or for other commercial exploitation without substantial expression of theme, story
or ideas, and the conduct appeals to the prurient interest, depicts sexual conduct in a patently
offensive way and lacks serious literary, artistic, political or scientific value.
Fee means mean money, any negotiable instrument, any good or service having value, or
any other consideration.
Known prostitute or panderer means shall mean a person who, within one year prior to the date
of arrest for a violation of this article, has been convicted of violating a criminal violation of any
ordinance or law of any jurisdiction within the state of defining and punishi prohibiting acts of
soliciting, committing, or offering or agreeing to commit prostitution.
if,
YeY t •> > ear-per-ations and
Sexual conduct means shall -mean:
(1) Sexual intercourse within its ordinary meaning, occurring upon any penetration, however
slight;
(2) Any penetration of the vagina or anus, however slight, by an object, when committed on
one person by another, whether such persons are of the same or opposite sex, except when such
penetration is accomplished for medically recognized treatment or diagnostic purposes;
(3) Any act of sexual contact between persons involving the sex organs of one person and the
mouth or anus of another whether such persons are of the same or opposite sex; and
12 3-13
(4) Masturbation, manual or instrumental, of one person by another.
Sexual contact means shall mean any touching of the sexual or other intimate parts of a person
done for the purpose of gratifying sexual desire of either party.
(Ord. No. 90-53, § 1, 4-17-90; Ord. No. 91-89, § 1(9.30.010), 3-5-91; Ord. No. 91-94, § 1, 5-7-
91)
SECTION 22. Chapter 6, Article X, Section 6-237, of the Federal Way City Code
(FWRC 6.45.020) shall be amended to read as follows:
6-237 Indecent exposure.
(a) A person is guilty of indecent exposure if he or she intentionally makes any open and
obscene exposure of his person or her person or the person of another knowing that such conduct
is likely to cause reasonable affront or alarm. The act of breast-feeding or expressing breast milk
is not indecent exposure.
(b) Indecent exposure to a person under the age of 14 years is a gross misdemeanor.
(c) Indecent exposure to a person aged 14 years or older is a misdemeanor.
(dd) For purposes of this section, "obscene exposure" includes, but is not limited to:
(1) Exposure of any portion of the human anus oreg nitals;
(2) Exposure of any portion of the female breast lower than the upper edge of the areola;
(3) Exposure consisting of touching, caressing or fondling of the male or female genitals
or female breasts, whether clothed or unclothed;
(4) Exposure consisting of masturbation;
( ) A public urination or defecation in a place other than a restroom.
(Ord. No. 91-89, § 1(9.30.020), 3-5-91; Ord. No. 00-374, § 8, 9-19-00; Ord. No. 02-429, § 7,
11-19-02)
SECTION 23. Chapter 6, Article X, Section 6-239, of the Federal Way City Code
(FWRC 6.45.040) shall be amended to read 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
13 '���
prostitution. Among the circumstances which may be considered in determining whether the
actor intends such prohibited conduct are:
a. 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;
b. The actor circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to
stop pedestrians;
c. 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;
(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) PfesfitRfien of peFmit4ing pfostitufi A violation of any part of this section is a
misdemeanor.
SECTION 24. Chapter 6, Article X, Section 6-240, of the Federal Way City Code is
hereby repealed as follows:
SECTION 25. Chapter 6, Article X, Section 6-242, of the Federal Way City Code shall
be amended to read as follows:
6-242 Patronizing a prostitute.
A person is guilty of the misdemeanor of patronizing a prostitute if:
(1) Pursuant to a prior understanding he or she intentionally pays a fee to another person as
compensation for such person or a third person having engaged in sexual conduct or sexual
contact with him or her;
(2) He or she intentionally pays or agrees to pay a fee to another person pursuant to an
understanding that in fetum there exchange such person or a third person will engage in
sexual conduct or sexual contact with him or her; or
14 '�^ I
-----------------
*1 WIN
:
SECTION 25. Chapter 6, Article X, Section 6-242, of the Federal Way City Code shall
be amended to read as follows:
6-242 Patronizing a prostitute.
A person is guilty of the misdemeanor of patronizing a prostitute if:
(1) Pursuant to a prior understanding he or she intentionally pays a fee to another person as
compensation for such person or a third person having engaged in sexual conduct or sexual
contact with him or her;
(2) He or she intentionally pays or agrees to pay a fee to another person pursuant to an
understanding that in fetum there exchange such person or a third person will engage in
sexual conduct or sexual contact with him or her; or
14 '�^ I
(3) He or she intentionally solicits or requests another person to engage in sexual conduct or
sexual contact with him or her or a third person in return for a fee.
SECTION 26. Chapter 6, Article X, Section 6-246, of the Federal Way City Code shall
be amended to read as follows:
6-246 Stay out of areas of prostitution orders.
(al) Stay out of areas of prostitution orders, hereinafter known as "SOAP" orders, may be issued
by the Federal Way municipal court to anyone charged with or convicted of prostitution or
permitting prostitution under FWCC 6-2391 patronizing a prostitute under FWCC 6-242 or a
criminal violation of any ordinance or law of any Jurisdiction within the state prohibiting acts of
soliciting, committing, or offering oragreeing to commit prostitution as a condition of pre-trial
release as a condition of a diversion agreement, or as a condition of sentence or other post-
conviction disposition.
(b) SOAP orders ffla�, be issued by the Feder -a! Way munieipal eetift to aflyene eenvieted a
tll VJl141.111V 11 Vl tJV1111111.111g p1V
(e) A%enever- a peliee offieer- shall have has-pfebable eause to believe that a per -sen has feeeived
i
and the violation or- failtife toi
ra� 2 A SOAP order shall warn the person named in the order to stay out of the following
"high risk prostitution area", in substantially similar form:
The entire area which extends 1,000 feet east of the eastern edge of the right-of-way of State
Route 99, and 1,000 feet west of the western edge of the right-of-way of State Route 99, and
including the entire right-of-way of State Route 99, also known as Pacific Highway, throughout
the city limits of Federal Way as shown on the map attached to the ordinance codified in this
section as an exhibit and on file with the city clerk's office. (This shall extend from the
northmost city line to the southmost city line.)
(3) The written SOAP order shall contain the court's directive and shall bear the legend, in
substantially similar form: "Violation of this order is a criminal offense under FWCC 6-236 and
will subject the violator to arrest."
(4) A SOAP order may allow the person named to cross the high risk prostitution area while
traveling directly across from east to west or west to east without stopping and only to the extent
necessary to facilitate travel from one area outside the high risk prostitution area to another.
-{e}{5) A person is deemed to have notice of the SOAP order when:
(00a The signature of the person named in the order or his/her attorney is affixed to the bottom
of the order, signifying that he/she has read the order and has knowledge of the contents of the
order; or
(2)(b) The order recites that the person named in the order or the person's attorney appeared in
person before the court.
(f) The wfiaen SOAP ordef shall eentain the eeuft's difeetive and shall beaf the legend--.
"Violation of this order- is a er-ifnii+al effense undef FWGC 6 236 and will subjeet the viela4er- to
asrest'
15 1 J)_
(g) VAenever- a SOAP order- is issued undef this seefien, and the per -son ftafned in the efder
knews of the 6 A knowin violation of the provisions of the a SOAP order is a
misdemeanor.
SECTION 27. A new section is added to Chapter 6, Article XI, of the Federal Way City
Code to read as follows:
6-273 Unlawful acts against police department animal — Penalty for violation.
No person shall willfully hit, kick, strike, injure, harass, obstruct, or otherwise interfere with the
use of any animal used by a police department for police work. Apy person who violates this
section is guilty of a misdemeanor.
SECTION 28. Chapter 6, Article XII, Section 6-291, of the Federal Way City Code
(FWRC 6.55.010) shall be amended to read as follows:
6-291 Disorderly conduct.
RCW 9A.84.030, inr1ttdi^ allamendments, additions or- deletions -is adopted by
reference. (Ord. No. 91-89, § 1(9.34.010), 3-5-91; Ord. No. 00-374, § 15, 9-19-00) 07-561
SECTION 29. A new section is added to Chapter 6, Article XII, of the Fedcral Way City
Code (FWRC 6.55.055) to read as follows:
6-296 IFWRC 6.55.0551 Disorderly conduct in a park.
A person is guilty of disorderly conduct in a park if he or she, while in a public park:
(1) Intentionally and without lawful authority makes noise which unreasonably disturbs
others;
(2) Intentionally engages in any conduct which tends to or does disturb the public peace,
provoke disorder or endanger the safety of others;
(3) Challenges another person to fight, or fights is by agreement, except as part of an organized
athletic event; or
(4) Fails to leave a park when directed to do so by a City of Federal Way parks employee or a
police officer.
SECTION 30. Chapter 11, Article III, Section 11-69, of the Federal Way City Code is
hereby repealed as follows:
prMMMUM
SECTION 31. Chapter 11, Article III, Section 11-70, of the Federal Way City Code is
hereby repealed as follows:
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MU
MA
SECTION 31. Chapter 11, Article III, Section 11-70, of the Federal Way City Code is
hereby repealed as follows:
SECTION 32. Chapter 11, Article III, Section 11-72, of the Federal Way City Code shall
be amended to read as follows:
11-72 . Fireworks, explosives, and projectile weapons
FTfea ffiThe possession or use of fireworks, bows, arrows., air -guns, explosives of any kind and
sling -shots are is prohibited in any park. It is unlavvful teshoot, explode any f
fireworks, fir-eeraeker-, ter-pede or- eiTlesive of any kind or- eaffy any fir-eafms er- to shoot or- fire
afty air -gun, bows, eAid > . The director of parks
may issue permits for fireworks displays and the use of safe fireworks in specified areas where
fire hazards will not be increased., and where the use of the fireworks will be under proper
supervision., and where the provisions of FWCC chapter 8 article IV are met arei3erm4ted
mor GG 8 14 1-. This section shall not prevent establishment in any park of a properly
designed archery course, pursuant to the requirements of the
director.
17 1 �j ��
MM
SECTION 32. Chapter 11, Article III, Section 11-72, of the Federal Way City Code shall
be amended to read as follows:
11-72 . Fireworks, explosives, and projectile weapons
FTfea ffiThe possession or use of fireworks, bows, arrows., air -guns, explosives of any kind and
sling -shots are is prohibited in any park. It is unlavvful teshoot, explode any f
fireworks, fir-eeraeker-, ter-pede or- eiTlesive of any kind or- eaffy any fir-eafms er- to shoot or- fire
afty air -gun, bows, eAid > . The director of parks
may issue permits for fireworks displays and the use of safe fireworks in specified areas where
fire hazards will not be increased., and where the use of the fireworks will be under proper
supervision., and where the provisions of FWCC chapter 8 article IV are met arei3erm4ted
mor GG 8 14 1-. This section shall not prevent establishment in any park of a properly
designed archery course, pursuant to the requirements of the
director.
17 1 �j ��
SECTION 33. Chapter 11, Article III, Section 11-76, of the Federal Way City Code is
hereby repealed as follows:
_ a OM M0.9 •
SECTION 34. Chapter 13, Article V, Section 13-122, of the Federal Way City Code shall
be amended to read as follows:
13-122 Violations and penalties.
(1) A person commits the offense of unlawful right-of-way activity if the person knowingly
organizes or participates in an activity on public rights-of-way in violation of this article.
(2) A person commits the offense of interfering with an a right -of -w !Lactivity if the person
knowingly blocks, obstructs, hinders, impedes the passage of, or throws objects on or toward an
activity on public right-of-way or its participants; except that a person may operate a vehicle that
is not part of the activity between the vehicles or persons comprising an activity if directed to do
so by a police officer.
(3) Any person violating or failing to comply with any of the provisions of this article isug_illy of
a gross misdemeanor. may be p ishe.7 by a rine of not mefe than $5,000or- oa for- e
more than six months, er- both, fer- eaeh day or- paA of a day dtifing whieh the uptlawfit! aet e
(4) Any person who fails to comply with the provisions of this article is, in addition to any
criminal penalties, subject to a maximum civil penalty of $5,000 for each day or portion of the
day that the violation continues.
(5) Nothing in this article limits the right of the city to pursue other lawful, criminal, civil or
equitable remedies to abate, discontinue, correct or discourage unlawful acts under or in
violation of this article.
SECTION 35. Chapter 13, Article VI, Section 13-179, of the Federal Way City Code
(FWRC 4.40.040) is hereby repealed as follows.
- MO.•
••
SECTION 36. Chapter 13, Article VII, Section 13-251, of the Federal Way City Code
(FWRC 4.35.130) shall be amended to read as follows:
13-251 Violations deemed misdemeanor.
Any person violating any of the provisions of this article, whieh festiltsd to the
puvc
"blie health, sro+.a, and • el is guilty of a misdemeanor and shall be punished as pfevided by
law. Damage to each item of vegetation sha11 1.e deemed is a separate violation. The value of
damaged vegetation shall be calculated pursuant to the International Society of Arboriculture
Tree Replacement Guide.
(Ord. No. 93-187, § 1, 9-21-93)
SECTION 37. Chapter 14, Article IV, Section 14-136, of the Federal Way City Code is
hereby repealed as follows:
SECTION 38. Chapter 14, Article V, Section 14-185, of the Federal Way City Code shall
be amended to read as follows:
14-14-95 Noncompliance- Penalty.
Any person, , who fails er�fuses-to apply for a
business license, er to make a tax returns, or to pay any tax when due., or who makes any false
statement or representation in or in connection with am} sl an application for a business
license or tax return;; or who otherwise violates o: r- uses to ,.,.m ly wit this chapter, is guilty
of a misdemeanor, ,
per -son shall be punishable by a fine not to exeeed $350.00 for eaeh day of peffieft thefeef Whieh
sueh per -son, fifm or- eefperatiefi is found guilty of noneemplianee with the pfevisiens of this
ehapter. Each day or portion of a day during which a violation occurs continues or is permitted
is a separate violation.
(Ord. No. 95-257, § 1, 12-19-95; Ord. No. 96-262, § 1, 2-20-96)
MM
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ii
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SECTION 38. Chapter 14, Article V, Section 14-185, of the Federal Way City Code shall
be amended to read as follows:
14-14-95 Noncompliance- Penalty.
Any person, , who fails er�fuses-to apply for a
business license, er to make a tax returns, or to pay any tax when due., or who makes any false
statement or representation in or in connection with am} sl an application for a business
license or tax return;; or who otherwise violates o: r- uses to ,.,.m ly wit this chapter, is guilty
of a misdemeanor, ,
per -son shall be punishable by a fine not to exeeed $350.00 for eaeh day of peffieft thefeef Whieh
sueh per -son, fifm or- eefperatiefi is found guilty of noneemplianee with the pfevisiens of this
ehapter. Each day or portion of a day during which a violation occurs continues or is permitted
is a separate violation.
(Ord. No. 95-257, § 1, 12-19-95; Ord. No. 96-262, § 1, 2-20-96)
SECTION 39. Chapter 15, Article 1, Section 15-4, of the Federal Way City Code shall be
amended to read 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, in addition to the criminal traffic
penalty required in RCW 46.64.55 and exclusive of any additional costs fees or penalties
required to be assessed by the State of Washington.. The funds eelleeted from this eivil penalty
signs,signs, tfaffie safety tFaffie speed bumps,
and all stieh other- tr-affie safety related expenses
as may be inetiffed by the eity afid authorized by the eity eettaeil.(b) For the purposes of
this section, "criminal traffic violations under the provisions of this chapter" are defined to "be
any violation of this Code or Title 46 RCW that is a misdemeanor or gross misdemeanor. The
court may not reduce waive or suspend the additional penalty unless the court finds the offender
to be indigent. the f '�o� git
(1) Driving with the heense fteffi another- state while suspended in WasWn
FWGC 15 1 (RGW ;
(2) Hit and ftin unattended, FWCG 15 1 (RCW 46.52.020(e));
.......x.vutaaag a■:fuvi OrQn[g,cGIr4v.vr✓vT,
;
46.20.0921(4*,
(7) Driving while heense suspended of revoked in the first degree (habitual tfaffie
;
(8) Driving while heense suspended of fevoked in the seeand degfee, FWCC 1-5-4
(RGW 46 20 942(i)(b));
(RGW 46 2n 42(t)(,.».
(10) Wilful failuf-e te p, 15 1 (RCW ;
ear -d, ❑ AIGG 15 1 (RGW 46.20.0921(4));
(i 2) Lending a „ r opefater's}eense to another-, FWGG 15 1-(RCW 46.20.0921(2));
(13) Negfigeftt driving' RAICC 15 1 (R -CW ;
,
;
,
,
;
(19) Oper-ating a moter- vehiele with suspended r-egistrftfien, FWCC ! 5 1 (RCW 4 ;
46.20.0921(3#,
20 13-2-1
(21) Opr tngametefvehiele in viefafien of trip permit fequir-ementsTWCC 15 1 (RG:I
46.16.160); and
(22) Other- er-iminal t-faffie vielatiens as may be adopted in the Revised Code of Washing4en;
all as they now z,xrJt oras m., be hereafter -amended,
(Ord. No. 94-207, § 1, 1-4-94; Ord. No. 01-3 91, § 2, 6-19-01)
SECTION 40. Chapter 16, Article lI, Section 16-38, of the Federal Way City Code is
hereby repealed as follows:
�••
r.
SECTION 41. Chapter 17, Article Il, Section 17-27, of the Federal Way City Code is
hereby repealed as follows:
•• •• . ••
••
SECTION 42. Chapter 22, Article 11, Section 22-128, of the Federal Way City Code is
hereby repealed as follows:
r.
r.
21 3- 2�--
21 3- 2�--
SECTION 43. Severability. Should any section, subsection, paragraph, sentence,
clause, or phrase of this chapter, or its application to any person or situation, be declared
unconstitutional or invalid for any reason, such decision shall not affect the validity of the
remaining portions of this chapter or its application to any other person or situation. The City
Council of the City of Federal Way hereby declares that it would have adopted this chapter and
each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that
any one or more sections, subsections, sentences, clauses, phrases, or portions be declared
invalid or unconstitutional.
SECTION 44. Concurrent Legislation. Currently pending ordinances or resolutions may
amend the same sections as does this one; changes made in this ordinance are intended to be in
addition to any changes made by any other ordinance or resolution, this ordinance is not intended
to repeal, reenact, or modify portions of the section that are enacted, repealed, or modified by
any other ordinance or resolution.
SECTION 45. Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but no limited to, the
correction of scrivener/clerical errors, references, ordinance numbering, section/subsection
numbers and any references thereto.
SECTION 46. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
SECTION 47. Effective Date. This ordinance shall take effect and be in force thirty
(30) days from and after its passage and publication, as provided by law.
22
PASSED by the City Council of the City of Federal Way this day of
200 .
CITY OF FEDERAL WAY
MAYOR, JACK DOVEY
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
23'
COUNCIL MEETING DATE: December 2"d, 2008 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: An Ordinance Addressing Amendments Relating To Animal Law In The Federal Way City Code
POLICY QUESTION: SHOULD THE CITY COUNCIL PASS AN ORDINANCE ADDRESSING ANIMAL LAW IN THE
FEDERAL WAY CITY CODE?
COMMITTEE: PARKS RECREATION & PUBLIC SAFETY MEETING DATE: Nov. 10`h, 2008
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: AARON WALLS, DEPUTY CITY ATTORNEY DEPT: Law
Staff is finalizing the reorganization of the Federal Way City Code into the Federal Way Revised Code. During
the process Staff has discovered a number issues relating to animal law including opportunities to remove
redundancies, make the language and provisions in the animal code clear and consistent, and update and
coordinates the language with the County animal code. It includes updates to the definitions consistent
with other definition updates. It is not intended to create policy changes. Concurrently with this
ordinance staff will present a resolution on the re -codification of the Code. Both of these will be presented to
planning commission and each Council Committee.
Attachments: Staff report, Ordinance.
Options Considered: 1. Recommend approval of the Ordinance and forward to the full Council on
December 2nd.
2. Modify the proposed Ordinance and forward to the full council for first reading.
3. Do not approve the proposed Ordinance.
STAFF RECOMMENDATION: Approve Option 1.
CITY MANAGER APPROVAL: DIRECTOR APPROVAL:
ma Council Committee Council
COMMITTEE RECOMMENDATION:
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move to forward the ordinance to a second reading for enactment on the
December I6`h consent agenda ".
BELOW TO BE COMPLETED BY CITY CLERKS OFFICE
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 02/06/2006 RESOLUTION #
G-1
ORDINANCE NO.
AN ORDINANCE relating to animal regulations, adding sections, and
amending sections in Chapter 4 and 9 of the Federal Way City Code.
WHEREAS, the City of Federal Way is in the process of re -codifying and reorganizing
the Federal Way City Code (FWCC) into the Federal Way Revised Code (FWRC) and through
this process has found redundant sections and language as well as unclear sections, inaccurate
sections, and other sections that could be revised for better readability, consistency, and
workability; and animal regulations can be simplified and consolidated;
WHEREAS, certain Code provisions need to be modified to coordinate with state and
county law requirements in areas of animal regulations;
WHEREAS, none of the changes to the FWCC contained in this ordinance are intended
to change numbering or formatting changes that will occur pursuant to the reorganization of the
Code and;
WHEREAS, the City Council of the City of Federal Way finds it in the best interest of
the City to update its code, and amending these sections bears a substantial relation to public
health, safety, or welfare of the people of Federal Way; is consistent with the applicable
provisions of the comprehensive plan; and is in the best interest of the residents of the city;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS
SECTION 1. Chapter 4, Article I, Section 4-1, of the Federal Way City Code shall be
amended to read as follows:
4-1 Definitions.
The following words, tefms and phrases, when used in this ehapter-, shall have the meanings
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The definitions in this section apply throughout this chapter unless the context clearly requires
otherwise.
"Abatement" means the termination of any violation by reasonable and lawful means determined
by the director of the animal control authority in order that a person or a person presumed to be
the owner shall comply with this chapter.
"Adult cat" means a cat of either sex, altered or unaltered, that has reached the age of six months.
"Adult dog" means one of either sex, altered or unaltered, that has reached the age of six months.
"Animal" means any living creature except human beings, insects and worms.
"Animal control authority" mean the county animal care and control section animal eent
divi ien, ....pa t=.ment of general se view-, acting alone or in concert with other municipalities for
enforcement of the animal control laws of the county and city for the shelter and welfare of
animals.
"Animal control officer" means any individual employed, contracted or appointed by the animal
control authority for the purpose of aiding in the enforcement of this chapter or any other law or
ordinance relating to the impoundment of animals, and includes any state or municipal peace
officer, sheriff, constable or other employee whose duties in whole or in part include assignments
which involve the seizure and taking into custody of any animal.
"Animal rescuer" means any individual who routinely obtains an unwanted doffs dog or eat cats,
ensures that they are spayed or neutered and who locates within 90 days an adoptive home for
them An
extension of the 90 days may be granted by the animal control authority €er unto a maximum of
six months if a dog or cat is pregnant, nursing, or injured and that condition is verified by a
veterinarian.
"Cattery" means a place where four or more adult cats are kept, whether by owners of the cats
or by persons providing facilities and care, whether or not for compensation, but not including
small animal hospital, clinic or pet shop.
"Dangerous dog" means any dog that according to the records of the animal control authority:
(1) Has inflicted severe injury on a human being without provocation on public_ or private
property;
(2) Has killed a domestic animal without provocation while off the owner's property;
(3) Has been previously found to be potentially dangerous, and the owner having received notice
of such, and the dog again aggressively bites, attacks, or endangers the safety of humans or
domestic animals;
(4) Has a known propensity, tendency or disposition to attack without provocation to cause
injury or otherwise endanger humans and/or domestic animals based upon notice to the owner,
(5) Bites or attacks without provocation after prior notice to the owner; or
(6) Is defined as a "dangerous dog" under RCW 16.08.070 as it e" ettd • exists oamended '
the e.
"Director " means the director or manager of the animal control authority of the eounty
"Domesticated animal" means those domesticated beasts including any dog, cat, rabbit, horse,
mule, ass, bovine animal, lamb, goat, sheep, hog or other animal made to be domestic.
"Euthanasia " means the humane destruction of an animal, accomplished by a method that
involves instantaneous unconsciousness and immediate death, or by a method that causes
painless loss of consciousness and death during such loss of consciousness.
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"Grooming service" means any place or establishment, public or private, where animals are
bathed, clipped or combed for the purpose of enhancing their aesthetic value and/or health and
for which a fee is charged.
"Harboring, keeping, or maintaining a dog or cat" means performing any of the acts of
providing care, shelter, protection, refuge, food or nourishment in such manner as to control the
animal's actions, or that the animal is treated as living at one's house by the homeowner.
"Hobby cattery" means a noncommercial cattery at or adjoining a private residence where four
or more adult cats are bred or kept for exhibition for organized shows or for the enjoyment of the
species.
"Hobby kennel" means a noncommercial kennel at or adjoining a private residence where four
or more adult dogs are bred or kept for hunting, training and exhibition for organized shows,
field, working and/or obedience trials, or for enjoyment of the species.
"Juvenile " means any dog or cat, altered or unaltered, that is under the age of six months.
"Kennel" means a place where four or more adult dogs are kept, whether by owners of the dogs
or by persons providing facilities and care whether or not for compensation, but not including a
small animal hospital or clinic or pet shop.
"Known propensity" means an inclination for behavior that the owner is or should be aware of.
"Livestock" means cattle, hogs, sheep, goats, horses, llamas and other large grazing animals, but
does not include small animals, as defined in King County Code Section 21A.06.065.
"Owner" means any person having an interest or right of possession to an animal or any person
having control, custody or possession of an animal, and includes but is not limited to the keeper
or custodian of an animal. , or by reasen of the anifnal being seen residing eefisistently at
legion, AU person residing at a location where an animal has been consistently residing shall
be presumed to be the owner.
"Packs of dogs" means a group of two or more dogs running upon either public or private
property not that of their owner in a state in which either their control or ownership is in doubt or
cannot readily be ascertained, and when such dogs are not restrained or controlled.
"Pet shop" means any person, establishment, store or department of any store that acquires live
animals, including birds, reptiles, fowl and fish, and sells, or offers to sell, or rent such live
animals to the public or to retail outlets.
"Potentially dangerous dog" means a dog the owner reasonably knows has aggressively bitten,
attacked or endangered humans and/or domestic animals and includes but is not limited to any
dog that meets the definition of potentially dangerous dog as defined by RCW 16.08.070.
"Running at large" means to be off the premises of the owner or-euste and not secured by a
leash or tether of not more than 15 feet in len h-efless.
"Service animal " means any animal,whieh is trained or being trained for the pgMoses of
assisting or accommodating a person's sensory, mental, or physical disability to al��
who is blind, hear red, er-ether-wise bled and is used for that purposeand
"Severe injury" means any physical injury that results in broken bones or lacerations requiring
multiple sutures or cosmetic surgery.
"Shelter" means a facility which is used to house or contain stray, homeless, abandoned or
unwanted animals and which is owned, operated or maintained by a public body, an established
humane society, animal welfare society, society for the prevention of cruelty to animals, or other
nonprofit organization devoted to the welfare, protection and humane treatment of animals.
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"Special hobby kennel license" means a license issued to pet owners under certain conditions,
who do not meet the requirements for a hobby kennel license, to allow them to retain only those
specific dogs and cats then in their possession until such time as the death or transfer of such
animals reduces the number they possess to the legal limit set forth in this chapter.
"Under control" means the animal is under voice competent and/or signal control so as to
thereby be restrained from approaching any bystander or other animal and from causing or being
the cause of physical property damage when off a leash or off the premises of the owner.
"Vicious" means the act of or the propensity to do any act endangering the safety of any person,
animal, or property; including but not limited to biting a human being, attacking human beings,
or attacking domesticated animals without provocation.
(Ord. No. 90-30, § 2(A) — (N), (P) — (T), 2-13-90; Ord. No. 92-153, § 2, 11-17-92; Ord. No. 06-
527, § 1, 6-20-06; Ord. No. 06-530, § 1, 8-1-06)
SECTION 2. Chapter 4, Article 1, Section 4-3, of the Federal Way City Code shall be
amended to read as follows:
4-3 Contract with county.
The city manager has the authority to adopt rules and regulations to carry out the provisions of
this chapter [Title]and has the authority to administer and enforce this article and any such rules
or regulations. It is unlawful to violate or fail to comply with m provision of this article or any
such rule or re lation. The city manager is authorized and empowered to execute a contract
with the county collect license and other fees and costs and to administer and enforce the
provisions of this chapter on behalf of the city.
SECTION 3. Chapter 4, Article 1, Section 4-4, of the Federal Way City Code shall be
amended to read as follows:
4-4 Criminal penal .Statutes adopted.
�16 * 08.010 et seq., shall be guilty ef a fnisdemeaftef, punishable as pr-evideo
Chapter 16.08 RCW is adopted by reference except to the extent its provisions
conflict with this chapter.
SECTION 4. Chapter 4, Article I, Section 4-5, of the Federal Way City Code shall be
amended to read as follows:
4-5 Civil penalty.
In addition to any other penalty ' , any person in violation of this cha tomer
whose aniffi .1 is i violation of thisehaptef shall inettf is subject to a civil penalty, the maximum
penalty and the default amount of which shall be $250.00 per violation, not including fees, costs
and assessments. _Costs includes any abatement
costs and other actual costs incurred by the animal control authority. The director may directly
assess any civil penalty and, in a reasonable manner, may vary the amount of the penalty to the
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nature and type of violation; the gravity of the violation; the number of past and present
violations committed and the good faith of the violator in attempting to achieve compliance with
prescribed requirements or after notification of a violation. All civil penalties assessed will be
enforced and collected in accordance with the procedure specified in this chapter, King County
Code Chapter 11, or Chapter 7.80 RCW. Animal control officers are authorized to issue civil
infractions to enforce any violations of this chapter. The amount of a civil infraction under this
section shall be the same as the civil penalty and shall be enforced under Chapter 7.80 RCW. An
owner is in violation of this chapter if they violate any provision of this chapter and when the
owner's animal is in violation of this chapter.
(Ord. No. 90-30, § 40, 2-13-90; Ord. No. 92-153, § 54, 11-17-92)
SECTION 5. Chapter 4, Article I, Section 4-6, of the Federal Way City Code shall be
amended to read as follows:
4-6 Personal obligations.
The civil penalty and the cost of abatement are personal obligations of the violator or animal
owner. The city attemey on behalf e f th eity, or the county,
may collect the civil penalty and the abatement costs by use -e€ through all appropriate legal
remedies.
(Ord. No. 90-30, § 41, 2-13-90; Ord. No. 92-153, § 55, 11-17-92)
SECTION 6. Chapter 4, Article I, Section 4-10, of the Federal Way City Code shall be
amended to read as follows:
4-10 Cruelty declared unlawful.
The following state statutes, ifteluding all ftttu a eadfnents, additions o" del et -ens, are adopted
by reference:
(1) RCW 16.52.011, Definitions — Principles of liability.
(2) RCW 16.52.015, Enforcement — Law enforcement agencies and animal care and control
agencies.
(3) RCW 16.52.080, Transporting or confining in unsafe manner — Penalty.
(4) RCW 16.52.085, Removal of animals for feeding — Examination — Notice — Euthanasia.
(5) RCW 16.52.090, Docking horses — Misdemeanor.
(6) RCW 16.52.095, Cutting ears — Misdemeanor.
(7) RCW 16.52.100, Confinement without food and water — Intervention by others.
(8) RCW 16.52.110, Old or diseased animals at large.
(9) RCW 16.52.117, Animal fighting — Owners, trainers, spectators — Exceptions.
(10) RCW 16.52.165, Punishment — Conviction of misdemeanor.
(11) RCW 16.52.180, Limitations on application of chapter.
(12) RCW 16.52.185, Exclusions from chapter.
(13) RCW 16.52.190, Poisoning animals.
(14) RCW 16.52.193, Poisoning animals — Strychnine sales — Records — Report on suspected
purchases.
(15) RCW 16.52.195, Poisoning animals — Penalty.
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(16) RCW 16.5 2.200, Sentences — Forfeiture of animals — Liability for costs — Civil penalty —
Education, counseling.
(17) RCW 16.52.210, Destruction of animal by law enforcement officer — Immunity from
liability.
(18) RCW 16.52.220, Transfers of mammals for research — Certification requirements — Pet
animals.
(19) RCW 16.52.230, Remedies not impaired.
(20) RCW 16.52.300, Dogs or cats used as bait — Seizure — Limitation.
(Ord. No. 90-30, § 24, 2-13-90; Ord. No. 92-153, § 38, 11-17-92; Ord. No. 01-394, § 1, 6-19-
01)
SECTION 7. Chapter 4, Article 1, Section 4-13, of the Federal Way City Code shall be
amended to read as follows:
4-13 Exotic animals.
The provisions of King County Code Chapter 11.28, ineluding all fultffe afnefldfnefits, are hereby
adopted by reference as if set fefth in f'" herein and are ^ file in the ^ice elefk's ^ Such
provisions shall apply to any acts or omissions which occur in the city.
(Ord. No. 90-30, § 37, 2-13-90; Ord. No. 92-153, § 51, 11-17-92)
SECTION 8. Chapter 4, Article 1, Section 4-14, of the Federal Way City Code shall be
amended to read as follows:
4-14 Guard dogs.
The provisions of King County Code Chapter 11.32, ' , are hereby
adopted by re€er-enee as if et fefth in full and o on file in the it ^l^..v's „ffi^^. Such
provisions shall apply to all acts and omissions which occur in the city.
(Ord. No. 90-30, § 38, 2-13-90; Ord. No. 92-153, § 52, 11-17-92)
SECTION 9. Chapter 4, Article I, Section 4-16, of the Federal Way City Code is hereby
repealed as follows:
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SECTION 10. Chapter 4, Article 1, Section 4-24, of the Federal Way City Code shall be
amended to read as follows:
4-24 Mandatory spaying and neutering.
(a) No person shall own or harbor any cat or dog over the age of six months that has not been
spayed or neutered unless the person holds an unaltered animal license for the animal pursuant to
FWCC 9-165 4-106.
(b) Guide dog puppies in training and police service dogs are exempted from the provision of
this section.
(c) Any dog or cat over the age of six months adopted from an animal shelter in King County
shall be spayed or neutered before transfer to the owner.
(Ord. No. 92-153, § 3, 11-17-92)
SECTION 11. Chapter 4, Article II, Section 4-41, of the Federal Way City Code shall be
amended to read as follows:
4-41 Authority to enforce.
The director of the animal control authority and authorized animal control officers and city law
enforcement officers are authorized to take such lawful action as may be required to enforce the
provisions of this chapter and the laws of the state as they pertain to animal cruelty, shelter,
welfare and enforcement control. Not withstanding any other provision law enforcement officers
are authorized to use reasonable force and control when needed to protect the health and safety
of persons or property and to enforce criminal laws
(Ord. No. 90-30, § 18(A), 2-13-90; Ord. No. 92-153, § 28(A), 11-17-92)
SECTION 12. Chapter 4, Article II, Section 4-42, of the Federal Way City is hereby
repealed as follows:
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SECTION 13. Chapter 4, Article II, Section 4-56, of the Federal Way City Code shall be
amended to read as follows:
4-56 Disposition of certain animals.
Any dog or other animal,
4 124 and 4 176 th-oug 4A:22, which bites, attacks, or attempts to bite one or more persons two
or more times within a two-year period is declared to be a public nuisance. Such animal and shall
be removed from the city within 48 hours after receiving written notice from the director or
authorized animal control officer and shall fiet be kept in the eity. Any-animalfiaund in
violation of this section will be is subject to impoundment impeunded and the owner or keeper of
such animal shall have no right to redeem such animal. The animal shall be disposed of ouf-suant
(Ord. No. 90-30, § 19(C), 2-13-90; Ord. No. 92-153, § 29(C), 11-17-92)
SECTION 14. Chapter 4, Article II, Section 4-57, of the Federal Way City Code shall be
amended to read as follows:
4-57 Abatement of public nuisance- Removal from city.
(a) Any animal constituting a public nuisance as provided in PAIGG 4 Too-difOugh- 54 shall
be abated and removed from the city by the owner or by the director of the animal control
authority or authorized animal control officer, uponr-ee-eipt-by when the owner of has received
three notices and orders of violation in any one-year period that are either not appealed or no
relief is obtained from anygppeal.
(b) Mier -e it is established by feeer-d pufsuffi4 to this division and no finding was entered
showing that the evvmef will be able to provide reasonable restraints to pr-eteet the publie fiem
repeat vielatiens Unless otherwise ordered after a hearing the director of the animal control
authority shall notify and direct the owner of the animal to ate er remove the animal from the
city within 96 hours from the date of notice. If such animal is found to be within the confines of
the city after 96 hours have elapsed from the date of notice, the animal shall be abated and
retneved impounded by the director of the animal control authority. Animals removed
impounded pursuant to the provisions of this section shall be removed from the city or be
subjected to euthanasia by the animal control authority.
(Ord. No. 90-30, § 19,2-13-90; Ord. No. 92-153, § 29(B), 11-17-92)
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SECTION 15. Chapter 4, Article II, Section 4-58, of the Federal Way City Code shall be
amended to read as follows:
4-58 Violations- Commencement of proceedings.
Unless otherwise provided by this chapter, whenever �x'Whenever the director or authorized animal
control officer has found an animal maintained in violation of this chapter, the director of the
animal control authority shall commence proceedings to cause the abatement of eaeh the
violation or the animal;; provided, ha4 the aba4ementand emoval oreeedur-es-e€ FWGC 4 179
(Ord. No. 90-30, §§ 19(A), 25(A), 2-13-90; Ord. No. 92-153, §§ 29(A), 39(A), 11-17-92)
SECTION 16. Chapter 4, Article III, Section 4-106, of the Federal Way City Code shall
be amended to read as follows:
4-106 License requirements.
All dogs and cats eight weeks and over which are harbored, kept or maintained with the city shall
be licensed and registered annually; provided, that an altered two-year license may be purchased.
This section shall not apply to dogs used by any city police agency for or other afty governmental
law enforcement agency for police work.
(Ord. No. 90-30, § 3, 2-13-90; Ord. No. 92-153, § 5(A), 11-17-92)
SECTION 17. Chapter 4, Article IV, Section 4-121, of the Federal Way City Code shall
be amended to read as follows:
4-121 Dangerous dogs prohibited.
(a) It is unlawful to own or possess a dangerous dog within the city limits of the city of Federal
Way. For- the purpese-ef-thi"dangereus deg" e- defined -by FWGG 4 1 -and-
(b) Upon final designation of a dog as a dangerous dog, the dog must either be surrendered to the
animal control authority or be removed from the city limits of Federal Way =.,;thi 72 i., ufs e
the designatien by the owner or keeper of the dog.
(c) Any violation Violation of this section shale is a gross misdemeanor, punishable by tip to
ail and a fine of tip to $5,-000.
(d) Owners or keepers of dangerous dogs shall be strictly liable for any damage caused by the
dangerous dogs.
SECTION 18. Chapter 4, Article IV, Section 4-122, of the Federal Way City Code shall
be amended to read as follows:
4-122 Exception.
A dog shall not be considered a dangerous dog under this article if, at the time the threat, injury
or damage was sustained by a person, the person who, at *Mime, was committing a wilful
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willful trespass or other tort upon the premises occupied by the owner of the dog, of was
tormenting, abusing or assaulting the dog, or- has in the past been ebser-ved er- r-epefted to have
tefmented, abused or- assaulted the r was committing or attempting to commit a crime. A
dog shall not be considered a dangerous dog under this article if the person injured has in the past
been observed or reported to have tormented abused or assaulted the dog_
(Ord. No. 90-30, § 2(E), 2-13-90; Ord. No. 92-153, § 2(G), 11-17-92)
SECTION 19. Chapter 4, Article IV, Section 4-123, of the Federal Way City Code shall
be amended to read as follows:
4-123 Confiscation.
Any A dog shall be immediate! confiscated by the animal control authority if the dog has been
deemed a dangerous dogias—de€rrted�T ;�z�4=' Dr��> > n4 nen a the owner has
received notice under this chapter, King County Code Chapter 11 or RCW 16.08.080,and has
either failed to appeal or has been denied relief following appeal. under— this —ehaptor-. if tlie
datigefous dog designation is undef appeal at the time of eenfiseatien, the dog shall r-efnaifl.
eenfined at the eymer-'s eNpeise while the appeal is ndingA dog may be impounded if the
animal control authority has deemed it a dangerous dog_prior to final determination Any
dangerous dog impounded or confiscated under this section prior to final determination, will be
held at the owner's expense pending appeal of the classification or violation_; upen Upon final
determination it may be disposed of and the owner has no right to redeem such dog. However,
upon showing of good cause and by in the sound discretion of the animal control authority, the
dog may be released to the owner for removal from within the city limits. In addition,the
shall, upeft eei+viefien, be guilty ef a gross misdemeanor- punishable as provided in R -G
n n�02'r
(Ord. No. 90-30, § 33(C), 2-13-90; Ord. No. 92-153, § 47(C), 11-17-92; Ord. No. 06-527, § 5, 6-
20-06. Formerly 4-124)
SECTION 20. Chapter 4, Article IV, Section 4-124, of the Federal Way City Code is
hereby repealed as follows:
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SECTION 21. Chapter 4, Article V, Section 4-147, of the Federal Way City Code shall
be amended to read as follows:
4-147 Running at large.
(a) Any dog running age within the citta public nuisance.
The enly allow -able exeeptions te this seetion afe when an owner- of ett4edian is training of
sanefiened by fh-Aie" or-ganizatiens, ef in the designated eff leash afea - within Fr-eneh Lake
Pafk. The heur-s of Ff:eneh Lake Pafk shall be 7:00 a.m. te dusk emeept fef the menths of May
tiffeugh August when the h,,,,..s shall be 7.00 ., t„ 9!00 p.m. This section does not apply when
the dog is on the property of another person with the permission of the owner of the property; on
public propejjy designated to allow dog competition sanctioned by national organizations; at
animal shows, exhibitions or organized dog -training classes where at least 24 hours' advance
notice has been given to the animal control authority; or in the designated off -leash area within
French Lake Park during designated times.
(b) Any demestieated anit-ital, whethef fieensed E)f not, whieh funs at 1 pafk, other- than
the designated off leash afea within Fr-eneh Lake Park, or- efttefs any publie beaeh, pond, feufftaia
This subseeti-An prohibit a per -son ffem walking or- - i i - k animal in a publie p
or- oft any publie beaeh when stieh animal is on a leash, tethef or- ehain not to exeeed 20 feet in
length. This subseetion shall fiet apply to any blind pefsen using a tfained seeing eye deg, aftimal
shows, exhibitions er- efganized dog tfaining elasses where a4 least 24 hetws' advanee nefiee h—as
been given te the animal eei4fel atAher-ity by stieh pefsens 1) hold stieh anifnal shews-,
(Ord. No. 90-30, §§ 2(Q), 20(B), 2-13-90; Ord. No. 92-153, §§ 2, 30(B), (C), 11-17-92; Ord. No.
05-495, § 1, 7-5-05; Ord. No. 06-530, § 2, 8-1-06)
SECTION 22. Chapter 4, Article V, Section 4-148, of the Federal Way City Code shall
be amended to read as follows:
4-148 Presence in food establishments.
The ownef ef keeper- shall not allew an An animal to efttef that enters any place where food is
stored, prepared, served or sold to the public, or any other public building or hall, aftd any stieh
acetal is deet fed to aup blic nuisance. This section shall not apply to
trained seeing eye dog, veterinary offices or hospitals., or to animal shows, exhibitions or
organized dog -training classes where at least 24 hours' advance notice has been given to the
animal control authority by sueh persens-reguesting-te- held -sue-h-anifnal-shows, exhibitiens a=
(Ord. No. 90-30, § 20(D), 2-13-90; Ord. No. 92-153, § 30(D), 11-17-92)
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SECTION 23. Chapter 4, Article V, Section 4-149, of the Federal Way City Code shall
be amended to read as follows:
4-149 Female dogs in heat.
A female dog demestieated animal whethef lieensed of e , while in
heat, accessible to other male animals e, xcept for ptifposes
ether- flmn controlled and planned breeding is a public nuisance.
(Ord. No. 90-30, § 20(E), 2-13-90; Ord. No. 92-153, § 30(E), 11-17-92)
SECTION 24. Chapter 4, Article V, Section 4-150, of the Federal Way City Code shall
be amended to read as follows:
4-150 Chasing vehicles.
domestie *oa An animal which chases, runs after_, or jumps at vehicles using the public streets
and alleys is deelar-ed to be aup blic nuisance.
(Ord. No. 90-30, § 20(F), 2-13-90; Ord. No. 92-153, § 30(F), 11-17-92)
SECTION 25. Chapter 4, Article V, Section 4-151, of the Federal Way City Code shall
be amended to read as follows:
4-151 Growling, jumping, etc.— Animals.
^ a,.mestie An animal which habitual! on more than one occasion snaps, growls, snarls,
jumps upon or otherwise threatens persons lawfully using the public sidewalks, streets, alleys or
other public ways is deemed Sebe aup blic nuisance.
(Ord. No. 90-30, § 20(G), 2-13-90; Ord. No. 92-153, § 30(G), 11-17-92)
SECTION 26. Chapter 4, Article V, Section 4-152, of the Federal Way City Code shall
be amended to read as follows:
4-152 Vicious animals.
(a) Any animal which has exhibited vicious propensities and which constitutes a danger to the
safety of persons or property off the premises of its owner or lawfully on such premises is
declared -tele aup blic nuisance.( -A vicious animal or animal with vicious propensities which
runs at large at any time, or such an animal off the owner's premises not securely leashed on -a
line or confined and in the control of a person of suitable age and discretion to control or restrain
such an animal is hereby deelaf-ed to be aup blit nuisance.
(Ord. No. 90-30, § 20(H), (I), 2-13-90; Ord. No. 92-153, § 30(H), (I), 11-17-92)
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SECTION 27. Chapter 4, Article V, Section 4-153, of the Federal Way City Code shall
be amended to read as follows:
4-153 Noisy animals.
Any demestieatea An animal which howls, yelps, whines, barks or makes other oral noises, in
such a manner as to disturb any person or neighborhood to an unreasonable degree, is hely
deet,..—ed to aup blic nuisance.
(Ord. No. 90-30, § 20(J), 2-13-90; Ord. No. 92-153, § 30(J), 11-17-92)
SECTION 28. Chapter 4, Article V, Section 4-154, of the Federal Way City Code shall
be amended to read as follows:
4-154 Other nuisances.
The following are declared to beup blic nuisances:
(1) Any domesticated animal which enters upon another person's property without the
permission of that person;
(2) Animals staked, tethered or kept on public property without prior written consent of the
animal control authority;
(3) Animals on any public property or not under the control of the owner or other competent
person;
(4) Animals kept, harbored or maintained and known to have a contagious disease unless under
the treatment of a licensed veterinarian; or
(5) Animals running in packs.
(Ord. No. 90-30, § 20(K) — (0), 2-13-90; Ord. No. 92-153, § 30(K) — (0), 11-17-92)
SECTION 29. A new section is added to Chapter 4, Article V, of the Federal Way City
Code to read as follows:
4-155 Owners shall not allow nuisances
The owner of any animal shall not allow such animal to be or become a public nuisance do any
act deemed a public nuisance or otherwise violate this chapter.
SECTION 30. A new section is added to Chapter 4, Article V, of the Federal Way City
Code to read as follows:
4-156 Dogs in playgrounds
Any animal which enters a public playground or school ground without permission from the
school is declared to be a public nuisance.
13 &J�
SECTION 31. A new section is added to Chapter 4, Article V, of the Federal Way City
Code to read as follows:
4-157 Exemption for service animals
This article does not apply to service animals.
SECTION 32. Chapter 4, Article VI, Section 4-176, of the Federal Way City Code shall
be amended to read as follows:
4-176 Compliance required.
An animal declared by the director to be vicious may be kept, harbored or maintained in the
city only upon compliance with the requirements prescribed by the director and the requirements
of FWCC 4-152.
(Ord. No. 90-30, § 32(A), 2-13-90; Ord. No. 92-153, § 46(A), 11-17-92)
SECTION 33. Chapter 4, Article VI, Section 4-179, of the Federal Way City Code shall
be amended to read as follows:
4-179 Violations.
Failure to comply with any requirement prescribed by the director pursuant to this article
constitutes a misdemeanor. The aiiimal shall not be in the eity- 48 hetffs of ei i
tiRen nefiee from e-di-reeter—The-An animal kept or found in violation of this article is
subject to impoundment by the animal control authority
vv ua w
p lli Jl.TC[iiLZt +V i FWGG ^ 229 as an uRfedeemed animah, and the owner or keeper of such animal has
no right to redeem such animal.
(Ord. No. 90-30, § 32(B), 2-13-90; Ord. No. 92-153, § 46(B), 11-17-92)
SECTION 34. Chapter 4, Article VII, Section 4-202, of the Federal Way City Code shall
be amended to read as follows:
4-202 Quarantine order.
Whenever the director of the Seattle -Kin County department of public health has cause to
suspect that an animal capable of transmitting rabies is infected with such disease, he or she shall
order a period of quarantine of not less than 10 days. The director of the Seattle -King County
department of public health shall notify in writing the owner or keeper of the infected animal of
such quarantine order. The infected animal shall be quarantined by the animal control authority
in its shelter or upon the premises of the owner or licensed veterinarian where conditions of
quarantine are strictly kept. The place of quarantine shall be at the discretion of the director of
the Seattle -King County department of public health, unless the animal had been exposed to
rabies by contact, in which case FWCC 4-205 shall apply. Delivery of a copy of such quarantine
order to some person of suitable age and discretion residing upon the premises where such
animal is found shall be notice of such quarantine. Good cause for such order of quarantine shall
14 C-'`5
include, but is not limited to, evidence that such animal has bitten, or that there is reasonable
certainty that such animal has bitten, a human being. During the period of quarantine, the
officers, agents and employees of the animal control authority, and the other police officers, are
authorized to enter any premises for the purpose of apprehending any such animal and
impounding same, except where kept upon the premises of the owner or licensed veterinarian as
above provided.
(Ord. No. 90-30, § 34(A), 2-13-90; Ord. No. 92-153, § 48(A), 11-17-92)
SECTION 35. Chapter 4, Article VII, Section 4-203, of the Federal Way City Code shall
be amended to read as follows:
4-203 Notice of rabies hazard— Quarantine period.
Whenever the director of the Seattle -King County department of public health determines that
rabies is currently a hazard to the public health in the city by reason of the fact that a case of
rabies has been diagnosed in any animal, he or she shall cause a notice of such hazard to be
published in a newspaper of general circulation in the area for three successive days, which
determination and notice shall declare the quarantine period and area. The quarantine period
shall be 30 days after the last publication of notice; and it is a misdemeanor and is unlawful for
any owner, or person entitled to custody of such animal, to keep or harbor any animal capable of
transmitting rabies unless securely confined by a leash or tight enclosure from which it cannot
escape. Any animal capable of transmitting rabies found running at large during such period
shall be impounded and humanely destroyed by order of the director of the Seattle -King County
department of public health or his or her designee. If apprehension and impounding by safe
means is not possible, such animal may be destroyed summarily. Such director of the Seattle -
King County department of public health may extend any such quarantine period if deemed
necessary by like additional determinations and notices.
(Ord. No. 90-30, § 34(B), 2-13-90; Ord. No. 92-153, § 48(B), 11-17-92)
SECTION 36. Chapter 4, Article VII, Section 4-204, of the Federal Way City Code shall
be amended to read as follows:
4-204 Violation of quarantine.
It is unlawful for any owner or person charged with the custody of any animal subject to a
quarantine defined in this see fie., under this article to permit any such animal to come in contact
with any other animal or person or to run at large or to be removed from any quarantine premises
without the consent of the director of the Seattle -Kinn Countv department of public health of
(Ord. No. 90-30, § 34(C), 2-13-90; Ord. No. 92-153, § 48(C), 11-17-92)
15 L 11,
SECTION 37. Chapter 4, Article VII, Section 4-205, of the Federal Way City Code shall
be amended to read as follows:
4-205 Destruction of infected animals.
Any animal bitten by an animal found to be rabid by appropriate laboratory tests shall be
destroyed by order of the director of the Seattle -King County department of public health of
publi , health.
(Ord. No. 90-30, § 34(D), 2-13-90; Ord. No. 92-153, § 48(D), 11-17-92)
SECTION 38. Chapter 4, Article VII, Section 4-206, of the Federal Way City Code shall
be amended to read as follows:
4-206 Vaccination order.
Whenever the director of the Seattle -King County department of public health, by order
published in a newspaper of general circulation in the area for three successive days, determines
that conditions exist as indicated in FWCC 4-203 in a specified area wherein it is necessary for
the protection of the public health that animals capable of transmitting rabies be vaccinated
within 30 days with antirabies vaccine, he or she shall order that all such animals four months
old or over shall be so vaccinated or humanely destroyed at the option of the owner or keeper. It
is a misdemeanor and is unlawful for any owner, or person charged with the custody of such
animal, to fail or refuse to procure the vaccination within such time.
(Ord. No. 90-30, § 34(E), 2-13-90; Ord. No. 92-153, § 48(E), 11-17-92)
SECTION 39. Chapter 4, Article VIII, Section 4-226, of the Federal Way City Code shall
be amended to read as follows:
4-226 Authorized.
The director of animal control and his or her authorized representatives may apprehend impound
any animal deemed to be a public nuisance subject to cruel treatment or as otherwise authorized
in this chapter. fetmd doing any o f the + a fiFWGC n 146 + seq. 0
b J ua u.� Yubai
being st eet to eruel t feat e fft , n this ''.
+ Except as otherwise provided in this chapter,
vu
�a.av,a�
apprehended, the animal control authority shall ascertain
whether they impounded animals are licensed; or otherwise identifiable. if feaseflably pessible,
Except as otherwise provided in this cha tp er jhe animal control authority shall return the animal
to the owner together with a notice of violation of this chapter, if reasonably feasible. If an
animal is not returned
anifflal to its ,.,,....e,., the animal control authority shall notify the owner within a reasonable time
by regular mail or telephone that the animal has been impounded and may be redeemed. Any
currently licensed animal impounded pursuant to this article shall be held for the-evaierat least
120 hours after telephone contact by the impounding agency or for at least two weeks after
posting of the notification of impoundment by regular mail; any ether- animal impetmded
pufstiant to this ehaptef shall be held fef its evv%er- at least 72 houfs from the fifne 0
impel. If the animal control authority is unable to ascertain the animal's owner the
16 (_— I'�
animal shall be held at least 72 hours from the time of impoundment. The eeunty shall not sell
any animals to r-esear-eh institutes er- lieensed dealers for- feseafeh pufpeses. Any animal stiffer-ifig
fr-ofn serious ifijury or- disease may be hwnanely destr-eyed, or-, in the diser-etiOR Of the
impounding auther-ity, may be held fef a lenger- per-ied and redeemed by an), pefson on Payment
(Ord. No. 90-30, § 21(A), 2-13-90; Ord. No. 92-153, § 31(A), 11-17-92)
SECTION 40. Chapter 9, Article IV, Section 9-156, of the Federal Way City Code is
hereby repealed as follows:
SECTION 41. Chapter 9, Article IV, Section 9-169.1, of the Federal Way City Code shall
be amended to read as follows:
9-169.1 Special hobby kennel license.
(a) Persons owning a total number of dogs and cats exceeding three, who do not meet the
requirements for a hobby kennel license, may be eligible for a special hobby kennel license to be
issued at no cost by the animal control authority which will allow them to retain the specific
animals then in their possession; provided, that the following conditions are met:
(1) The applicant must -apply have applied for the special hobby kennel license and individual
licenses for each dog and cat prior to December 17 , 1992 within 30 days of the e..,,etment „F
(2) The applicant is keeping the dogs and cats for the enjoyment of the species, and not as a
commercial enterprise.
(b) The special hobby kennel license shall only be valid for those specific dogs and cats in the
possession of the applicant at the time of issuance, and is intended to allow pet owners to possess
animals beyond the limits imposed by this article and Chapter 4 FWCC until such time as the
death or transfer of such animals reduces the number possessed to the legal limit set forth in this
article and Chapter 4 FWCC.
(c) The director of animal control may deny any application for a special hobby kennel license
or revoke such license based on past or present animal control code violations by the applicant's
dogs and cats, or complaints from neighbors regarding the applicant's dogs and cats; or if the
animal(s) is maintained in inhumane conditions.
(Ord. No. 92-153, § 13, 11-17-92)
17 C—[$
SECTION 42. Chapter 9, Article IV, Section 9-186, of the Federal Way City Code shall
be amended to read as follows:
9-186 Hobby kennels or hobby cattery.
(a) Limitation on number of dogs and cats allowed. The director may limit the The total
number of dogs and cats over six months of age kept by a hobby kennel or hobby cattery based
on the following guidelines:
(1) Animal size;
(2) Type and characteristics of the breed;
(3) The amount of lot area; provided, that the maximum number shall not exceed 25 where the
lot area contains five acres or more; the maximum number shall not exceed 10 where the lot area
contains 35,000 square feet but less than five acres aPA the maximtffn nth -fiber- shall net exeeed
five whefe the let area is less than 35,000 square --F—.+-
(4) The facility specifications/dimensions in which the dogs and cats are to be maintained;
(5) The zoning classification in which the hobby kennel or hobby cattery would be maintained.
(b) Limitation on reproduction. The hobby kennel or hobby cattery shall limit dog and cat
reproduction to no more than one litter per license year per female dog and two litters per license
year per female cat.
(c) Limitation on advertising. The hobby kennel or hobby cattery shall not have signs, displays
or other visual representations not already permitted in the zone.
(d) Immunization. Each dog and cat in the hobby kennel or hobby cattery shall have current
and proper immunization from disease according to the dog's and cat's species and age. Such
shall consist of DHLPP inoculation for dogs over three months of age and FVRCP for cats over
two months of age, and rabies inoculations for all dogs and cats over six months of age.
(e) License issuance and maintenance. Only when the director is satisfied that the
requirements of this chapter and King County Code Section 11.04.060(C)(1) through (5) have
been met, a hobby kennel or hobby cattery license may be issued. The license will continue in
full force throughout the license year unless, at any time, the hobby kennel or hobby cattery is
maintained in such a manner as to:
(1) Exceed the number of dogs and cats allowed at the hobby kennel or hobby cattery by the
animal control authority.
(2) Fail to comply with any of the requirements of King County Code Section 11.04.060(C)(1)
through (5).
(f) Compliance. All hobby kennel and hobby catteries shall comply with the provisions of
, this chanter and any applicable zoning regulations including
Chapter 19.260 FWRC.
(Ord. No. 90-30, § 10(B) — (G), 2-13-90; Ord. No. 92-153, § 12(B) — (G), 11-17-92)
SECTION 43. Severability. Should any section, subsection, paragraph, sentence,
clause, or phrase of this chapter, or its application to any person or situation, be declared
unconstitutional or invalid for any reason, such decision shall not affect the validity of the
remaining portions of this chapter or its application to any other person or situation. The City
Council of the City of Federal Way hereby declares that it would have adopted this chapter and
each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that
any one or more sections, subsections, sentences, clauses, phrases, or portions be declared
invalid or unconstitutional.
SECTION 44. Concurrent Legislation. Currently pending ordinances or resolutions may
amend the same sections as does this one; changes made in this ordinance are intended to be in
addition to any changes made by any other ordinance or resolution, this ordinance is not intended
to repeal, reenact, or modify portions of the section that are enacted, repealed, or modified by
any other ordinance or resolution.
SECTION 45. Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but no limited to, the
correction of scrivener/clerical errors, references, ordinance numbering, section/subsection
numbers and any references thereto.
SECTION 46. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
SECTION 47. Effective Date. This ordinance shall take effect and be in force thirty
(30) days from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this day of
200 .
CITY OF FEDERAL WAY
MAYOR, JACK DOVEY
19 C- 2�:D
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
20 C- 2-
COUNCIL MEETING DATE: December 2"d, 2008 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: An Ordinance Addressing Amendments Relating To Definitions In The Federal Way City Code
POLICY QUESTION: SHOULD THE CITY COUNCIL PASS AN ORDINANCE ADDRESSING AMENDMENTS
RELATING TO DEFINITIONS IN THE FEDERAL WAY CITY CODE?
COMMITTEE: PARKS RECREATION & PUBLIC SAFETY MEETING DATE: Nov. 101h, 2008
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: AARON WALLS, DEPUTY CITY ATTORNEY DEPT: Law
Staff is finalizing the reorganization of the Federal Way City Code into the Federal Way Revised Code. During
the process Staff has discovered a number issues relating to definitions'including opportunities to simplify
definitions; correct typographical errors, citation errors, modify organization; eliminate redundancies;
consolidate definitions; move regulations to regulatory sections; add cross references; and make
definitions more consistent with state law and other provisions. Concurrently with this ordinance staff will
present a resolution on the re -codification of the Code. Both of these will be presented to planning commission
and each Council Committee.
Attachments: Staff report, Ordinance.
Options Considered: 1. Recommend approval of the Ordinance and forward to the full Council on
December 2nd.
2. Modify the proposed Ordinance and forward to the full council for first reading.
3. Do not approve the proposed Ordinance.
STAFF RECOMMENDATION: Approve Option 1.
CITY MANAGER APPROVAL: in-// DIRECTOR APPROVAL: 4%M<-
ee Council Committee Council
COMMITTEE RECOMMENDATION:
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move to forward the ordinance to a second reading for enactment on the
December I e consent agenda".
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED IST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 02/06/2006 RESOLUTION #
ORDINANCE NO.
AN ORDINANCE relating to definitional amendments in the code repealing
sections, adding sections, and amending sections in Chapter 4 and 9 of the
Federal Way City Code.
WHEREAS, the City of Federal Way is in the process of re -codifying and reorganizing
the Federal Way City Code (FWCC) into the Federal Way Revised Code (FWRC) and through
this process has found redundant sections and language as well as unclear sections, inaccurate
sections, and other sections that could be revised for better readability and workability; and
definitions and related regulations can be simplified and consolidated;
WHEREAS, certain Code provisions need to be modified to coordinate with state and
county law requirements in areas of definitions;
WHEREAS, none of the changes to the FWCC contained in this ordinance are intended
to change numbering or formatting changes that occur pursuant to the reorganization of the Code
and;
WHEREAS, the City Council of the City of Federal Way finds it in the best interest of
the City to update its code, and amending these sections bears a substantial relation to public
health, safety, or welfare of the people of Federal Way; is consistent with the applicable
provisions of the comprehensive plan; and is in the best interest of the residents of the city;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS
SECTION 1. Chapter 2, Article III, Section 2-46, of the Federal Way City Code shall be
amended to read as follows:
2-46 Definitions.
As used in this divisien, the fellowing wofds and ten:ns shall be givell the following
The definitions in this section apply throughout this article unless the context clearly
requires otherwise. Terms not defined here are defined according to FWCC 1-2.
(-1) "Appointment" includes all means of selecting, appointing, or employing any person to
hold the office of civil service commissioner.
(2) "Commission" means the civil service commission. he fei efea4ed and "
means any one of the five e 's appeinted to the "Altefnate
"Commissioner" means anv one of the five commissioners appointed to the commission
"Alternate commissioner" means any one of the two alternate commissioners appointed to the
commission.
(3) City means the eity ef Feder -a! Way, a Washing4en munieipal
.
(4) "Elector" means a registered voter.
(-5) "Resident" means a person whose primary dwelling place is located in the city.
(Ord. No. 96-258, § 2,1-2-96)
SECTION 2. Chapter 2, Article VIII, Section 2-253, of the Federal Way City Code shall
be amended to read as follows:
2-253 Definitions.
All teff s used he Terms in this article -shall, in addition te-their-oidinafy meaning, als.e
be are defined according to (44 chapter 69.50 RCW, (2-) city of-dinnxee ordinances, erg}
common law, or their ordinary meaning in that order of pr�ref�r-en.
(Ord. No. 93-182, § 4, 7-20-93)
SECTION 3. Chapter 2, Article IX, Section 2-301, of the Federal Way City Code shall be
amended to read as follows:
2-301 Definitions.
0
fellewing termshave thmeaning set fefth below: The definitions in this section apply
throughout this article unless the context clearly requires otherwise Terms not defined here are
defined according to FWCC 1-2
"Acquisition of real property" means the purchase of parcels of vacant or unimproved land,
including associated costs such as appraisals or negotiations.
"Art in public places" means any expression by an artist of visual works of art available to the
public in an open city -owned facility in areas designated as public areas, or on non -city -owned
property if the incorporation of the art project is installed or financed, either in whole or in part,
by the city.
2
"Demolition costs" means the cost of removing buildings or other structures from the property.
"Equipment" means equipment or furnishings that are portable.
"Qualifying capital improvement project" means prejeets aproject funded wholly or in part by
the city of Federal Way to construct or substantially remodel any public project including
buildings, decorative or commemorative structures, parks, or any portion thereof, provided;
however, hat it does not include either initially or in the calculation of the total project cost, aiw
"wed amounts funded by the city for the acquisition of real property or equipment., or for
demolition w » be ----i„ded f_.. the purposes of the ,.,,l,.ulation of_total pfeje t eest
"Substantially" mean means when the cost of the project construction, renovation, repair, or
remodel funded by city monies exceed the sum of $25,000.
(Ord. No. 94-217, § 1, 7-19-94)
SECTION 4. Chapter 15, Article 1, Section 15-7, of the Federal Way City Code shall be
amended to read as follows:
15-7 Neighborhood traffic safety zone - Definitions.
As used in this Code, the fellewing temas ha indieated unless the eentex4 eleafly
The definitions in this section apply throughout this article unless the context
clearly equires otherwise. Terms not defined here are defined according to FWCC 1-2.
{4}"School" includes a school as defined by RCW 28A.150.010 or
28A.150.020, and . The -te-"sehee " e -includes a private school approved under RCW
28A.195.010.
(2) "School bus" means a school bus as defined by the superintendent of public instruction by
rule which is owned and operated by any school district and all school buses which are privately
owned and operated under contract, or otherwise with any school district in the state for
transportation of students. The term does not include buses operated by common carriers and the
urban transportation of students, such as transportation of students through a city transportation
system.
(3) "School bus route stop" means a school bus stop as designated on maps or otherwise
identified and submitted by school districts to the office of the superintendent of public
instruction.
(Ord. No. 93-163, § 2, 1-19-93; Ord. No. 94-207, § 1, 1-4-94)
SECTION 5. Chapter 15, Article V, Section 15-166, of the Federal Way City Code shall
be amended to read as follows:
15-166 Definitions.
The definitions in this section aptly throughout this article unless the context clearly requires
otherwise. Terms not defined here are defined according to FWCC 1-2.
"No cruising area" means man area designated by the city council by ordinance as
susceptible to, or having a history of traffic congestion, obstruction of streets, sidewalks or
6--D-1-1
parking lots, impediment of access to shopping centers or other buildings open to the public,
interference with the use of property or conduct of business in the area adjacent thereto or that
emergency vehicles cannot respond in that area within a reasonable period of time.
"Traffic control point" means mean any point -within the a no cruising area established by
the city council for the purpose of monitoring cruising.
(Ord. No. 90-35, § 1, 2-20-90)
SECTION 6. Chapter 15, Article VI, Section 15-196, of the Federal Way City Code shall
be amended to read as follows:
15-196 Bicycle helmets.
elass or- group of persons whe YA11 or- should be espeeially pr-eteeted of benefited by the tefms e
this ehaptef,
)
offieer-s or- employees, fie --r implementation or- enfefeemefA ef this seetion shall be
diserefienary and not maadatet=
(b) Definitions. As used in this ehapter-, the fellowing tefms shall have the meanings indie
(1) Bieyele meaRs ever -y deviee pfopelled solely by human power- upon w-hieh a pefsen of
per-seffi may r-ide, having two tandem wheels, eithef of whieh is 16 inehes or mere
)
sir th wheels, aft), efte of whie it mefe than 20 1, d + _(RGW 46.04.071). �i ithi
__ --�-- ..-----.., w•J ...-.. Va .. aaavaa a� aaavav ulalaia c.V 111V11VJ 111 1111.i.11lt+lVl CL
this ehaptef, the tefm
GG )7
trailers, shall inelude any a4aehed side 7
being +,,.seri 1.y bi..c,el
vc�
(2) Guafdian means a pafent, legal guaMian, an adult with ettstedy, or- tempefar-y guar-dian
p 1
per -son uaaVva the HsV of 1 1 Q
V yIiG.LI J:
bieyele
7 paths, sidewalks, parks,
of any Fight of vffiay
(e 1) Bieyele helmet fequifed Generally - Helmet required.
(4a) Any person bicycling or riding as a bicycle passenger on or in tow of a bicycle upon any
public area in the city of Federal Way shall wear a bicycle helmet and shall have either the neck
or chin strap of the helmet fastened securely while the bicycle is in motion.
(fib) No person shall transport another person on or in tow of a bicycle upon any public area
in the jurisdiction of the city of Federal Way, unless the passenger is wearing a helmet that meets
the requirements of this chapter.
4 �-S
(3c) A parent or guardian is responsible for requiring that a child under the age of 16 years
wears a bicycle helmet while bicycling or riding as a passenger on a bicycle in any public area in
the city of Federal Way, and has the neck or chin strap of the helmet fastened_ securely.
(d2) Bicycle races and eventsu� equi-red.
(1a) Any person managing a bicycle race, an organized event involving bicycling, or a
bicycle tour in the public areas of the city of Federal Way shall require that all participants on or
in tow of bicycles wear approved bicycle helmets.
(2b) The person managing any such event shall include the bicycle helmet requirement in any
promotional brochures and on registration materials.
(e3) Bicycle rental or loan mEes-and events required.
(47a) Any person engaging in the business of renting or loaning (e.g., "a test drive") any
bicycle for use in any public place in the city of Federal Way shall supply the persons leasing or
using bicycles with bicycle helmets, along with the bicycles, unless the bicycle riders and
passengers possess bicycle helmets of their own for use with the bicycle.
(2b) The rental papers (contract, agreement, or receipt) must advise the person renting the
bicycle of the bicycle helmet requirements of this chapter.
(f4) Penalties — Traffic infraction.
(1a) Effective January 1, 2005, any person violating any of the provisions of this chapter
shall have committed a traffic infraction and shall be liable for monetary penalties as set forth in
FWCC 15-191.
(2ob) The court may waive, reduce, or suspend the penalty and clear the notice of violation as
a warning for an individual who has not received a notice of violation of this chapter within one
year, and provides proof that he or she has acquired a bicycle helmet at the time of appearance in
court.
(3c) Each rental and each event under subsection (e3) of this section shall be a separate
violation.
(Ord. No. 04-476 § 1, 12-21-04)
SECTION 7. A new section is added to Chapter 15, Article VI, of the Federal Way City
Code (FWRC 8.25.004) to read as follows:
15-19718.25.0041 Purpose and policy.
(1) This chapter is enacted as an exercise of the authority of the city of Federal Way to
protect and preserve the public health and welfare. Its provisions shall be liberally construed for
the accomplishment of these pur op ses.
(2) It is the express purpose of this chapter to provide for and to promote the health and
welfare of theeng eral public, and not create or otherwise establish or designate any particular
class or group of persons who will or should be especially protected or benefited by the terms of
this chapter.
(3) It is the specific intent of this chapter to place the obligation of complying with its
requirements upon any person falling within this scope, and no provision of, nor term used in,
this chapter is intended to impose any duty whatsoever upon the city of Federal Way or any of its
officers or employees, for whom the implementation or enforcement of this section shall be
discretionary and not mandator
5 �_
SECTION 8. A new section is added to Chapter 15, Article VI, of the Federal Way City
Code (FWRC 8.25.006) to read as follows:
15-198 (8.25.0061 Definitions
The definitions in this section appleses oughout this article unless the context clearly requires
otherwise. Terms not defined here are defined accordingto FWCC 1-2
"Bicycle" means every device propelled solely by human power upon which a person or
persons may ride, havinji two tandem wheels either of which is 16 inches or more in diameter,
or three wheels, any one of which is more than 20 inches in diameter (RCW 46.04.071). Within
this chapter, the term "bicycle" shall include any attached trailers side cars and/or other device
being towed by bicycle.
"Guardian" means a parent, legal guardian an adult with custody, or temporary guardian
who maintains responsibility, whether voluntary or otherwise for the safety and welfare of a
person under the age of 18 years.
"Public area" means public roadways bicycle paths sidewalks parks or any right-of-way or
publicly owned facility under the jurisdiction of the city of Federal Way -
SECTION 9. Chapter 15, Article IX, Section 15-240, of the Federal Way City Code shall
be amended to read as follows:
15-240 Definitions.
The definitions in this section apply throughout this article unless the context clearly requires
otherwise. Terms not defined here are defined according to FWCC 1-2
(a) "Motorized foot scooter" means a device with no more than two 10 -inch or smaller
diameter wheels that has handlebars, is designed to be stood or sat upon by the operator, and is
powered by an internal combustion engine or electric motor that is capable of propelling the
device with or without human propulsion. A motor -driven cycle, a moped, an electric -assisted
bicycle, or a motorcycle is not a motorized foot scooter.
(b) "Similar device" means any device that: (1) matches the definition of a motorized foot
scooter except for the size of the device's wheels; and (2) cannot be defined as a motor -driven
cycle, a moped, an electric -assisted bicycle, or a motorcycle.
(Ord. No. 04-464, § 7, 9-21-04)
SECTION 10. Severability. Should any section, subsection, paragraph, sentence,
clause, or phrase of this chapter, or its application to any person or situation, be declared
unconstitutional or invalid for any reason, such decision shall not affect the validity of the
remaining portions of this chapter or its application to any other person or situation. The City
Council of the City of Federal Way hereby declares that it would have adopted this chapter and
each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that
any one or more sections, subsections, sentences, clauses, phrases, or portions be declared
invalid or unconstitutional.
SECTION 11. Concurrent Legislation. Currently pending ordinances or resolutions may
amend the same sections as does this one; changes made in this ordinance are intended to be in
addition to any changes made by any other ordinance or resolution, this ordinance is not intended
to repeal, reenact, or modify portions of the section that are enacted, repealed, or modified by
any other ordinance or resolution.
SECTION 12. Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but no limited to, the
correction of scrivener/clerical errors, references, ordinance numbering, section/subsection
numbers and any references thereto.
SECTION 13. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
SECTION 14. Effective Date. This ordinance shall take effect and be in force thirty
(30) days from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this day of
200
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
CITY OF FEDERAL WAY
MAYOR, JACK DOVEY
7 �_%
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
COUNCIL MEETING DATE: December 16th, 2008 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Resolution directing a final reorganization of the Federal Way City Code
POLICY QUESTION: SHOULD THE CITY COUNCIL DIRECT THE CLERK IN CONJUNCTION WITH CODE
PUBLISHING TO FINALIZE THE REORGANIZATION OF THE FEDERAL WAY CITY CODE?
COMMITTEE: PARKS RECREATION & PUBLIC SAFETY MEETING DATE: Nov. 10th, 200;x"
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ® Resolution ❑ Other
STAFF REPORT BY: AARON WALLS, DEPUTY CITY ATTORNEY DEPT: Law
Staff has reviewed a draft reorganization of the Federal Way City Code and made certain numbering and
organizational changes. The code is ready to be finalized into the new Federal Way Revised Code.
Attachments: Staff report, Ordinance.
Options Considered: 1. Recommend approval of the Vis® and forward to the full Council on
December 16th. 114e -5o .A�"o-
2. Modify the proposed Ordinamr and forward to the full council for first reading.
3. Do not approve the proposed Off.
STAFF RECOMMENDATION: Approve Option 1.
CITY MANAGER APPROVAL: �j? DIRECTOR APPROVAL: ekk
(\t o mitt Council Committee Council
COMMITTEE RECOMMENDATION:
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed Resolution".
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED - 02/06/2006 RESOLUTION #
F - I
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, DIRECTING THAT THE
CITY CLERK IN CONJUNCTION WITH THE CODE
REVISER RE -CODIFY AND REORGANIZE THE FEDERAL
WAY CITY CODE INTO THE FEDERAL WAY REVISED
CODE
WHEREAS, the City Of Federal Way Code ("Code") was originally codified in 1993 by
Municipal Code Corporation under Ordinance 93-160, and republished in 2001 by Code Publishing
Company; and;
WHEREAS, the Code Publishing Company continues to be the publisher for the City; and
WHEREAS, the Code is currently codified in a cumbersome format that is not typical of
Washington cities making it more difficult to amend, reference, and more expensive to maintain;
and;
WHEREAS, over the years amendments to the Code have left the current codification of the
code disorganized, with scrivener's errors, incorrect references, and unclear language, and;
WHEREAS, the City Council wishes to organize the Code in a way that is more straight
forward and friendly to users;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. Re -codification of the Federal Way City Code into the Federal Way Revised Code.
The Clerk and the code revisor are directed to re -codify, reorganize, and republish the city
code as the Federal Way Revised Code as constituted in the draft re -codification as amended by
RES # , Page 1
F -- Z
subsequent ordinances and this resolution. Notwithstanding any recent amendments which may
indicate otherwise, the re -codified code shall retain the format changes specified in the previous
Resolution including: Subsections and subparagraphs shall be enumerated using the following
sequence and style: (1)(a)(i)(A)(I); and numbering shall be removed from definition lists and the
words defined shall be indented, italicized, and set off with quotation marks. Where recent or
accompanying amendments contain code references, or title/chapter references in brackets after a
non bracket reference, the bracketed language is intended to refer to FWRC and indicate what the
re -codified text should look like.
The Code revisor is directed to removed the phrase "including all future amendments,
additions or deletions" from places where state statutes are adopted by reference.
Additionally the following changes to the draft re -codification should be noted and
implemented:
FWRC Chapter 12.40 massage licensing, is repealed.
2. FWRC 16.40 Flood Control should be re -codified as FWRC 19.142 Flood
Control with cross references to FWRC Title 18, Subdivisions, FWRC Title 13 Buildings, and
FWRC Title 16, Surface Water management and visa versa.
3. FWCC 22-938 Erosion and sedimentation regulation, should only appear at
FWRC 7.05.02; FWRC 16.45.020 should be deleted.
4. FWCC 22-977 should be moved to FWRC 19.110.080; FWRC 19.230.150 and
FWRC 19.225.130 should be deleted. Cross-reference FWRC 19.110.080, FWRC 19.230,
FWRC 19.225, and FWRC 19.130.150 (22-1245) and visa versa.
5. FWCC 22-1425 should be in FWRC 19.130.150 only and FWRC 19.230.160 or
RES # , Page 2
1�_-3
FWRC 19.225.140 should be deleted. Cross reference FWCC 22-1376, FWCC 22-1377 in
FWRC 19.130.150 (FWCC 22-1245)and FWRC 19.110.080.
6. FWRC Title 7 should include cross-referencing to: FWRC Chapter 9.15 (FWCC
Chapter 4 Art V et seq); FWRC Chapter 6.70 (FWCC Chapter 6 Art XIV section 6-340; FWRC
Chapter 13.05 (FWCC 5-7); FWRC Chap 16.45 (FWCC 22-1201); and FWRC Chap 11.20
(FWCC 12-36).
7. The following sections should be moved to FWRC Title 7: FWRC Chapter 4.40
(FWCC Chapter 13 Art VI, section 13-180); FWRC Chapter 4.35 (FWCC Chapter 13 Art VII
section 13-252); FWRC Chapter 12.25 (FWCC Chapter 9 Art VII Div 1, 2 section 9-388); and
FWRC Chapter 12.30 (FWCC Chapter 9 Art VIII Div 1, 2 section 9-422).
8 FWRC Chap 7.03 is added by separate ordinance.
9. FWRC Chapter 7.05 should be renamed "Specific public nuisances".
10. The division/subdivision hierarchy should be removed from FWCC 19.35 (FWCC
Ch. 22 art III).
11. Section FWCC 14-138 is repealed. Sections FWRC 3.05.080 and FWRC
12.05.045 should be deleted. (They are combined with FWRC 12.05.040 (FWCC 9-29) by
separate ordinance.)
12. Delete FWRC 16.45.020 (moved to FWRC 7.05.020)
13. Include cross reference in FWRC Ch. 16.45 to FWRC Chap 19.30 (FWRC
19.30.120).
14. In FWRC 9.05.190 (FWCC 4-28) correct internal reference from chapter to title
15. FWRC Chapter 4.30's name is changed to "Activities in the Right-of-way".
RES # , Page 3
16. The following sections have been renumbered per an accompanying ordinance
and the new ordering should be incorporated into the revision: FWCC 21-31 is renumbered
FWCC 21-16.5; FWCC 21-32 is renumbered FWCC 22-16.6; and FWCC 21-33 is renumbered
FWCC 21-16.7.
IT Repeal FWCC 22-1047, cross reference FWRC 19.260 in FWRC 19.270
18. Move sections FWCC 9-207, FWCC 11-69, and FWCC 11-70 to FWRC Title 6
per an accompanying ordinance.
19. Move FWCC 9-44, 9-47, and 9-49 to FWRC 12.05.175, 12.05.185, and 12.05.173
respectively.
Section 2. Ado tp ion. The City of Federal Way adopts the Federal Way Revised Code
upon publication.
Section 3. Severability. If any section, sentence, clause or phrase of this resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this resolution.
Section 4. Ratification. Any act consistent with the authority and prior to the effective date
of this resolution is hereby ratified and affirmed.
- Section 5. Effective Date. This resolution shall be effective immediately upon passage by
the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this day of 12007.
CITY OF FEDERAL WAY
RES # , Page 4
C --S
MAYOR, JACK DOVEY
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
RES # , Page 5
1�~
COUNCIL MEETING DATE: November 18, 2008 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CENTERSTAGE THEATRE MANAGEMENT PROPOSAL
POLICY QUESTION: Should the City Council consider Options regarding the management of the Knutzen Family
Theatre?
COMMITTEE: PRIISPS MEETING DATE: October 14, 2008
CATEGORY:
❑ Consent ❑ Ordinance
❑ Public Hearing
X City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Mary Faber, Recreation andCulturalServices Superintendent DEPT: PRCS
---1 -------
At the October 14, 2008 PRHSPS Council Committee meeting management options for the Knutzen Family
Theatre were reviewed and discussed. This was an informational meeting an no action was requested.
Attachments:
1) Staff Background Memo, 2) Centerstage Theatre Management Proposal, 3) *Revised Knutzen Family Theatre
Budget with detail on Revenues and Expenditures, 4) Centerstage Funding Timeline; 5) KFT Program Outline 6)
KFT Major Use and Revenue, 7) KFT Mission and Vision Statements,
Options Considered:
1. Centerstage Management Proposal for operations of the Knutzen Family Theatre.
2. Knutzen Family Theatre remains a city operated facility.
A. Increase funding for Centerstage Theater Arts Productions
B. Reduce rental fees for Centerstage Arts Productions
3. Issue Request for Proposal to manage the Knutzen Family Theatre from Arts Groups or Professional
Facility Managers.
STAFF RECOMMENDATION: This item is for Council consideration and decision
CITY MANAGER APPROVAL: DIRECTOR APPROVAL: 9i
to C.—tree to Council to Committee To Council
COMMITTEE RECOMMENDATION:
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION:
COUNCIL ACTION: BELOW TO BE COMPLETED B Y CITY CLERKS OFFICE)
APPROVED
DENIED COUNCIL BILL #
TABLED/DEFERRED/NO ACTION (ST reading
MOVED TO SECOND READING (ordinances only) Enactment reading
REVISED — 02/06/2006 ORDINANCE #
RESOLUTION #
:1
41k
CITY OF
Federal Way
PARKS, RECREATION AND CULTURAL SERVICES
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: October 7, 2008
TO: Parks, Recreation, Human Services & Police Council Committee
FROM: Mary Faber, Recreation and Cultural Services Superintendent
VIA: Neal J. Beets, City Manager
SUBJECT: Centerstage Management Proposal
In June, Centerstage Theatre (CST) presented a proposal to the Arts Commission for
consideration of the following requests:
• Management of the operations of the Knurten Family Theatre (KFT) for a
management fee of $75,000.
• In lieu of management of the Theatre a $50,000 annual award for the provision of
live theatrical theatre -program services.
For the July meeting, the Arts Commission asked staff to provide information on the
budget and program operations of the Theatre. The Commission did not meet in August
and in September the proposal was reviewed and discussed at the Commission meeting
and the committee work plan meeting. The Commission felt that a thorough review of
the proposal was necessary to recommend to City Council a final policy decision
regarding the on-going requests by CST.
In October, the Arts Commission voted on the two requests outlined in the Management
Proposal. In consideration of CST managing the KFT there were three votes for
approval and six votes for disapproval, the motion failed.
The minutes state that the second request for a $50,000 annual award to CST for live
theatre program services failed, however, in review of the minutes the voting record
indicated that there were five votes in approval of the $50,000 award annually and four
that voted against. The motion did have enough votes to pass and the Chair of the Arts
Commission was notified. The minutes are scheduled to be amended at the November
meeting.
Following the October Commission meeting, the Chair of the Arts Commission
suggested that the city consider another option- to lower the rental costs for all local
performing groups to use the Theatre. She felt that Centerstage has a high volume of
use and this warrants a review of their current fees and would also assist them in
management of their budget.
The current theatre use agreement includes a base fee per production of $5,150 for up
to 170 hours of use. The agreement provides the theatre space, one staff member who
serves as a facility supervisor, general house lighting, heat, ventilation, and the use of
the stage, seats and elevations. The use of the sound system and stage lighting are
available at no charge, but additional fees for technical staff are assessed. Technician
fees are billed at Fourteen and No/100 Dollars ($14.00) per hour.
V- -�!:>
Centerstage Proposal to the City of Federal Way
A Proposal
To The City of Federal Way
From Centerstage Theatre
September 9, 2008
CONTENTS
TheIssues...........................................................................Page 3
TheSolutions......................................................................Page 4
A Direct grant.....................................................................Page 5
Centerstage manages the Knutzen.....................................Page 6
Analysis...............................................................................Page 8
Concerns Previously expressed by City..............................Page 9
APPENDIX A
List of Performing Arts organizations for whom the Knutzen was built
APPENDIX B
Proposed Budget for CST's management of KFr
APPENDIX C
2007 and 2008 CST Budgets
APPENDIX D
Organizations which have funded CST in the last 24 months
APPENDIX E
Precedent in our region
r_S
2
THE ISSUES
1. In 2007, The City of Federal Way subsidized the Knutzen Family Theatre (KFT)
in the amount of $125,000. The Theatre showed a net "surplus" of $27,000. KFT
therefore cost the taxpayers of Federal Way $98,000.*
2. KFT was created in 1998 to house ten Federal Way performing arts organizations
(see Appendix A). Only two of these organizations still use the Knutzen. Of these
two, 91h Avenue Dance (incorporating Aria Dance) is exploring the possibility of
moving to the Middle School in Fife. Centerstage (CST) has been compelled by a
City -initiated change of schedule at the Knutzen to hold one third of the
performances of its 2008 Christmas Show at the Theatre On The Square in
Tacoma.
If aggressive action is not taken, the real possibility exists that in the near future
the KFT will house no local performing arts groups.
3. it has been clear to CST for the past four years that the current business model
with the City of Federal_ Way does not work. In 2007 Centerstage's payments to
the City for rent of the facility and for labor required by the City, amounted to
23% of its expenditures for that year. In contrast, Seattle Public Theatre rents the
Bathhouse Theatre from the City of Seattle (for year-round occupancy) for 1.41%
of its total expenditures.
The pressure of these costs has resulted in Centerstage being compelled to
request emergency funding from the City Manager's Contingency Fund. This
solution is not a good one for either the City of Federal Way, or for Centerstage,
because:
(1) The City Manager has other needs and cannot be expected to continue
subsidizing CST through his contingency fund.
(2) CST cannot continue to operate at KFI' when it is uncertain whether
or not the City Manager is willing or able to make these monies
available.
We understand that some of the items funded in the Knutzen Family Theatre budget do not relate directly to the
operations of the M. The principles of savings to the taxpayer under our management proposal are, however, still valid,
whatever the REAL number may be.
rF-4
THE SOLUTIONS
After discussions with the City Manager and others within the Department of
Parks and Recreation, two potential solutions have been suggested:
i. A Direct Grant. To increase Centerstage's funding through the Federal Way
Arts Commission to cover the costs of rental and labor at the KFT
Centerstage Manages the KF F. That the City pays Centerstage a
Management fee to operate the KFT.
If Centerstage's own needs were the only consideration, it is clear that Solution
#1 would be its preferred option. However, this solution only addresses Issue
#3 (see Page 3 above) and does not address the other two issues.
4
A DIRECT GRANT
t. The City of Federal Way, through the Arts Commission, would pay
Centerstage the full cost of renting the theatre and the labor costs for
technicians as required by the City. The size of this grant would be variable
each year, depending upon the number of productions (4 or 5) and the
technical requirements of individual productions. These costs would
therefore be arrived at in discussion between the City and Centerstage.
2. This grant would not compromise Centerstage's eligibility to apply for the
Contract For Services Grant through the Arts Commission, nor any Tourism
Enhancement grants.
3. We estimate that this grant would be in the range of $40,000-$45,000 per
year.
ME
CENTERSTAGE MANAGES THE KFT
i. The City of Federal Way pays Centerstage a Management Fee of $75,000 to
operate the KFT. This saves the City $50,000. Centerstage is saved $40,000
in rental and labor costs.
2. The $75,00o will be used only for operations, utilities, custodial and routine
maintenance of the facility. Any major capital expenditure would remain the
responsibility of the City, as owner of the property. None of the Management
Fee will be used for production or artistic purposes. (See Appendix B:
Proposed Budget)
3. The Management Agreement would not affect Centerstage's ability to receive
funding under Contract for Services from the Arts Commission, or grants
from the Tourism Enhancement Grant program, which are for services not
covered by the Management proposal.
4. CST will sub -contract the upkeep and operation of all KFT electrical, sound,
lighting, soft goods and space to Seattle Scenic Studios Inc. Seattle Scenic
Studios currently designs, builds and lights all CST shows. Their client list
includes Seattle Shakespeare Company, Book -It Repertory, Bellevue Opera,
Wooden O, Youth Theatre Northwest, React, Civic Light Opera, Spectrum
Dance Theatre, Seattle Public Theatre, University of Washington, Civic
Light Opera, Taproot Theatre, The Village Theatre, Langston Hughes
Center for the Performing Arts, Seattle School District, Seattle Opera Youth
Program, Historic Everett Theatre, the Seattle Seahawks... and many others.
A fee has already been agreed upon and is shown in the budget. In other
words: the City's property would be expertly maintained.
5. Although further discussion may be needed, it is proposed that Centerstage
employ the same custodial staff as the Dumas Bay Centre.
6. Regarding other uses of the Knutzen: Centerstage produces five 4 -week
productions each year, which amounts to 20 weeks total. This leaves 32
weeks of revenue potential to Centerstage. Centerstage believes that with
itself as managing entity, there are many advantages. For example:
(a) Presentation - In 2008, Centerstage produced "An Evening With
Mark Twain". Although this made a profit, $1,000 of that profit had
to be returned to the City as rent. As manager of the KFT, we would
be able to retain a larger portion of presentation revenues for events
such as this, further enhancing our financial situation.
(b) Rental - Since Centerstage's overheads are much lower than the
City's, we can be much more aggressive in rental pricing of the space.
We propose that i00% of all rental fees remain with Centerstage.
(c) Children's Theatre - We would continue the programming of
children's performances such as Storybook Theatre. Fees may have to
be re -negotiated with these companies. However, only in exceptional
�: _1 6
circumstances would we promote a company that does not hold the
possibility of making a profit.
(d) Summer Workshop for Youth - We support the City's program.
Further discussion is needed to establish how this would operate.
(e) Offices - Centerstage would move its offices from the Spectrum
Business Park to the Knutzen Family Theatre. Costume and other
storage would be moved to rooms already identified in previous
discussions. This would save Centerstage more than $8,000 per year.
7. All the items outlined in Paragraph 6 would secure Centerstage's financial
position. They would eliminate the need for further grant requests from the
City.
Savings on rental and tech labor 40,000
Savings on current office space 8,000
Conservative projection of revenue
From ALL other events 5,000
TOTAL FINANCIAL BENEFIT $53,000
8. CST suggests that this agreement be entered into as a 24 -month trial. A long-
term agreement can then be entered into to the satisfaction of both parties.
9. CST will present the City with a full Business Plan before a Management
agreement is signed.
i__ - ID
ANALYSIS OF MANAGEMENT PROPOSAL
1. CST must, with the help of the City, accurately predict operating costs, so
that both parties agree that the management fee is appropriate.
2. Centerstage will continue to operate as prudently as it has in the past,
but now with a $53,000 shield. Some of this will be used for salary
for Centerstage's 2 employees (see Appendix B). Otherwise this funding
exists to protect Centerstage from the uncertainties of the performing
arts market, and to also protect the City from additional requests for
funding.
CONCERNS PREVIOUSLY EXPRESSED BY THE CITY OF FEDERAL WAY
t. Is the payment of a management fee unfair to other Performing
Arts Organizations in Federal Way?
The management fee has nothing to do with arts funding. It is a fee for
non -artistic services, none of which any other performing arts
organization in Federal Way performs.
2. Will CST co-operate with other groups who use the KF F?
Centerstage has demonstrated over the past three years that it is co-
operative to a fault with the only other local arts organization who uses
the KFI'. We refer you to the scheduling performances of Christmas
shows, where Centerstage has accommodated all 91h Avenues needs.
3. Is CST competent to manage the Knutzen Family Theatre?
(a) CST has dramatically increased its annual revenues from $107,000
in 2003 to $199,000 in 2007. Sources:
*Improved Box Office Revenues
*New funding from major funding organizations (See Appendix D)
*Personal gifts increased from $9,000 in 2003 to $26,000 in 2007
*More effective fundraising events
*Assistance from City Manager's Contingency Fund
(b) Managing Artistic Director, Alan Bryce has spent a career in the
Theatre. Here are some resume points:
*Artistic Director, Overground Theatre, London. 8 years.
*Development Director, Proctor's Theatre, Schenectady NY. 8 yrs
*Artistic Director, Proctor's Too (Second Performance Space) 3Yrs
*Theatre Consultant, John F. Kennedy Center for the Performing
Arts, Washington DC 2 years
*Executive Director, Landers Theatre, Springfield, Missouri. 3 yrs
*Author of several plays produced in over 40 theatres in Great
Britain and the United States.
*Has appeared as an actor in theatres throughout Great Britain,
and on TV and Hollywood movies.
(c) CST has'entered into an Intern arrangement with De Vry University,
designed to enhance its marketing effectiveness. Starting in July
2008, DeVry interns will be working on website design and
maintenance; group sales; research of media outlets.
(d) Seattle Scenic Studios are Seattle's premier nonprofit technical
theatre support organization and bring a wide range of experienced
personnel.
(e) Board Of Trustees. CST's Board is a highly -competent group
of community professionals:
Chad Stalder,President
FINANCIAL ADVISOR
Roger Wood, Vice President
RETIRED AIRLINE PILOT
Mark Swanson, Treasurer
MORTAGE BROKER; CERTIFIED REAL ESTATE INSTRUCTOR
Polly Oliver
ATTO RN EY
Cindy Ducich, Secretary
BUSINESSWOMAN
Mary Jo Creso
BUSINESSWOMAN
Nyree Martinez
ACTRESS
Rich McPhail
SOUND RECORDING ENGINEER
Dr. Jack Nelson
OPTOMETRIST
Jim Strehlow
MANAGER, RAINIER PACIFIC BANK
Angela Griffin
EXECUTIVE DIRECTOR, YMCA
An Advisory Board has also been created to assist with community profile
and fundraising. This Board has already raised money for a special project
in Zoog.
(fl Artistic Accomplishment. CST has produced exceptional work on a
very modest budget. Among many accomplishments in the last 4 years,
CST has:
*Employed Martin Charnin, creator of Annie on Broadway
*Employed John Forster, 5 -time Grammy Nominee
*Employed Karen Archer of the Royal Shakespeare Company
*Employed Dawn Clement, pianist who has played Carnegie Hall
*Employed Peter Sipos, European Composer of the Year
*Has received "Best Season of any theatre in the Region" from The
Volcano (Tacoma's Arts newspaper)
*Artistic Director received "Best Director" Award 2007 from
Tacoma News Tribune
*Blue Plate Special received "Best Comic Actor" Award 2oo6, from
Tacoma News Tribune
*For each of the past three years, CST has been voted "Best
Community Arts Organization" by the readers of the Federal Way
Mirror.
*The Federal Way News wrote: "Mark my words: in time, the
current era at CST will be viewed in the regional, if not national,
theatrical world as a golden age of creative adventure."
T--13 to
4. Will CST Staff cooperate with Dumas Bay Centre Staff?
CST has never fully understood this objection, since it has never been
discussed, simply asserted.
CST firmly believes that by re-establishing the nature of the relationship
between City and Theatre, the current tensions (with KFT staff, not with
Dumas Bay Centre Staff) would be eliminated. As it stands, CST
employees and volunteers have excellent relationships with Dumas Bay
Centre Staff. Day-to-day practicalities would have to be discussed, and
will be easily resolved.
4. Is CST strong enough?
CST is strong in every respect but one. The significant weakness is our ,
business relationship with the City. It is that relationship that this
proposal addresses. CST has never in its 30 years operated under a deficit.
S. Will CST's operation of the KFT safeguard the mission and
vision of the KFT?
CST produces twice as many performances each year than all the other
performing arts organizations in Federal Way combined, including the
KFT itself. Its advertising expenditure in promoting the Knutzen is more
than ten times larger than the city's marketing budget for the KFT. Under
the City, eight performing arts organizations have left the KFT, and both
CST and 9th Avenue Dance have actively explored other options.
We believe, therefore, that CST already safeguards KFT mission and
vision more aggressively than the City. It is our contention that the City
has itself failed to safeguard the mission and ,6sion of the KFT.
CST offers no guarantees, but we believe that this proposal provides the
template for a far more successful safeguarding of KFT mission and
vision.
P-1 q
APPENDIX A
A list of the organizations for whom the Knutzen Family Theatre was built in
1998
Company
Current use • f KFT
Centerstage Theatre
Uses KFT for 4 or 5 productions each year. More than 6o performances
in 200'7
Aria Dance
Has 2 performances of a spring concert, and 5 performances of The
Nutcracker under the name of parent school: 911, Avenue Dance.
British American Theatre
Company
No longer exists
Evergreen City Ballet
Does not use
Federal Way Chorale
Does not use
Federal Way Harmony
Kings
Does not use
Federal Way Symphonic
Band
Not in business
Federal Way Symphony
Does not use
Jet Cities Chorus of Sweet
Adelines
Does not use
Ladies In Red
Not in business
Puget Sound Musical
Theatre
Not in business
Showstoppers
Not in business
P-1 S
12
APPENDIX B
CST's proposed budget for managing the Knutzen Family Theatre
APPENDIX B
Proposed Budget: CST manages KFT 2009
Expenditure
Miscellaneous marketing
1,000
Season ticket brochure
4,000
CST presents
9,200
Play t
17,375
Musical t
33,6�5
Play 2
17,350
Musical 2
32,250
Musical 3
38,700
CST presents for kids
14,000
IBAA Bank -card Fee
3,000
Insurance
2,500
Professional Fees
2$0
Utilities
22,500
household Supplies
1,500
Repair/Maintenance Supplies
2,500
Custodial Labor
7,000
Repair/Maintenance Labor
t 000
Seattle Scenic Studios
2;•000
Telephone
2,500
Miscellaneous fees, licenses, permits
250
Office Equipment/consumables/postage
2,000
Artistic Director
29,000
Bookkeeper
3,000
Admin Assistant
25,000
FICA/Payroll Taxes
4,500
Contingence
7 000
Concessions
500
304,500
Items in red represent new expenditures or income to CST's budget.
-' (P 13
Show Budgets Zoog
14
CST
Play
Musical
Play
Musical
Musical
Presents
t
1
2
2
3
Actors
o
2000
6,000
2000
3,200
6,250
Director
o
1000
0
1000
0
1000
Designer
0
800
800
800
800
800
Music Dir
o
0
1100
o
1too
1100
Choreographer
o
0
800
0
800
800
Costume Designer
o
500
1500
500
1500
1500
Stage Manager
o
350
350
350
350
350
Musicians
o
0
1800
0
1800
3200
Lighting Designer
0
325
325
350
350
350
Technicians
500
1000
1000
1000
1000
1000
Visiting Artist Fees
5,000
0
0
0
0
0
Hospitality
100
t50
200
too
200
200
Travel
1,500
0
0
0
0
0
Set
400
2000
3000
2000
3000
4000
Costumes
o
500
2500
Soo
4500
4500
Props
o
500
600
500
500
Soo
Lights
o
50
50
50
50
50
Royalty
0
600
4500
600
4000
4000
Poster
o
150
150
150
150
150
Postcard/flyer
500
1,000
1,000
1,000
1,000
1,000
Postage
450
goo
goo
goo
goo
goo
Mail Service
300
600
600
600
600
600
Street Signs
200
250
250
250
250
250
Newspaper Ads.
200
700
700
700
700
700
Radio
0
0
1500
0
1500
1500
Mobile Billboard
o
3000
3000
3000
3000
3000
Programs
50
1000
1000
1000
1000
1000
9200
17375
33625
17350
32250
38700
14
[acorn
Season/Flex tickets
t6,500
CST Presents
9,000
Play 1
12,000
Musical 1
21,000
Play 2
12,000
Musical e
t8,000
Musical 3
25,000
CST presents for kids
10,000
Rentals:other alts organizations
10,000
Rentals: commercial
7,000
Technical and House Staff
2,000
Murder Mystery (net)
10,000
Management Fee
75,000
FW Arts Commission
12,000
FW Tourism Grants
7,500
Sponsorships/Corporate
t2,000
Individual Donations
22,500
4 Culture
3,000
Rotary
2,000
Seattle Foundation
5,000
Other grants
5,000
Program Advertising
4,000
Other revenue (Concessions etc,)
4,000
304,500
Items in red represent new expenditures or income to CST's budget.
IF -I (�
15
APPENDIX C
CST's budgets for 2007 and 2oo8
APPENDIX C - CST Budget 2007 (S shows)
Expenditure
Miscellaneous marketing
Season ticket/donation request
Absurd Person Singular
Robin Hood
A Flea In Her Ear
Murder Mystery
Comedy
Christmas Show
Office rental
IBAA Bankcard Fee
Insurance
Professional Fees
Utilities
Telephone
Miscellaneous fees, licenses, permits
Office
Equipment/consumables/postage
Artistic Director
Bookkeeper
Admin Assistant
FICA/ Payroll Taxes
Misc/Contingency
Concessions
TOTAL
750
3,000
18,425
34,575
23,410
5,500
17,975
24,875
7,000
2,000
1,800
250
250
2,500
250
2,250
18,547
2,688
14,837
3,607
1,000
750
186,239
Income
Season/Flex tickets
Absurd Person Singular
Robin Hood
A Flea In Her Ear
Murder Mystery
Small Musical
Christmas Show
30th Birthday Party (net)
FW Arts Commission
FW Arts Commission Special
Sponsorships/Corporate
Individual Donations
FW Tourism Grants
4 Culture
Rotary delayed grant C Carol
other grants
Program Advertising
Other revenue (Concessions etc.)
TOTAL
13,500
15,000
17,500
15,000
12,000
16,500
21,000
7,500
10,000
7,500
12,000
16,500
6,500
2,000
1,500
9,000
4,000
3,500
190,500
16
Show Budgets 2007 (Plan Q
V --ZD
17
Robin
Xmas
[tem
Absurd
flood
A Flea
Cornedy
Show
Totals
Actors
1950
5200
4550
1000
3900
16600
Director
1000
2000
0
0
0
3000
Designer
750
750
750
750
750
3750
Mus Dir
o
1500
0
0
o
t5oo
Choreo
0
750
0
0
750
1500
Cos. Des
0
0
0
750
too0
1750
SM
325
325
325
325
325
t625
Musicians
o
1500
0
0
2250
3750
Lite Des
325
325
325
325
325
1625
Hospitality
200
200
200
200
200
1000
Travel
0
0
0
0
0
0
Set
1500
2250
2250
1750
4000
11750
Costumes
500
5000
3000
500
2500
11500
Props
250
600
500
450
1000
2800
Lights
50
50
50
50
So
250
Royalty
550
2000
435
600
0
3585
Poster
200
200
200
200
200
1000
PC/Flyer
875
875
875
875
875
4375
Postage
875
875
875
875
875
4375
Mail Sery
525
525
525
525
525
2625
St signs
225
225
225
225
225
1125
Newsp. Ad
700
700
700
700
700
3500
Programs
975
975
975
975
975
4875
Knutzen staff
t500
2000
1500
1500
2000
8,500
Rental
5150
5t50
5150
5150
5t50
25750
18425
33975
23410
17725
28575
122110
V --ZD
17
"PEND[X C
Centerstage Budget 2008 (4 shows)
Expenditure
Income
Miscellaneous marketing
500
Season/ Flex tickets
16,500
Season ticket/donation request
3,000
Mark Twain
5,300
Mark'Dwain
3,700
Nightmare of A Married Man
9,750
Nightmare of A Married Man
t8,275
My Fair Lady
22,000
My Fair Lady
37,250
Will Rogers (BO and sponsor)
7,500
Will Rogers
5,000
Murder Mystery
t2,000
Always Patsy Cline
28,975
Always Patsy Cline
19,000
Aladdin
40,375
Aladdin
26,000
Office rental
7,000
Aladdin (in Tacoma)
6,000
[BAA Bank -card Fee
2,000
FW Arts Commission
11,750
Insurance
t,90o
FW Special Manager's Grant
5,000
Professional Fees
250
Sponsorships/Corporate
12,000
Utilities
250
Individual Donations
22,500
Telephone
2,500
FW Tourism Grants
7,500
Miscellaneous fees, licenses, permits
250
4 Culture
2,000
Office Equipment/consumables/postage
2,500
Rotary
2,000
Artistic Director
19,500
Other grants
5,000
Bookkeeper
3,000
Program Advertising
4,000
Admin Assistant
15,500
Other revenue (Concessions etc.)
4,000
F[CA/Payroll Taxes
3,750
TOTAL
199,800
Mise/Contingency
3,425
Concessions
750
Expenditure
-t99,65o
TOTAL
t99,65o
Income
t99,800
Net
ISO
r-zl
18
Show Budgets 2oo8
� - Z Z
19
Nightmare...
Mark
Married
My Fair
Patsy
Twain
Man
Lady
Cline
Aladdin
Actors
o
2100
6175
1000
4200
Director
o
0
1000
1000
l000
Designer
o
750
750
800
800
Music Dir
0
0
1200
t000
1000
Choreographer
o
0
500
0
800
Costume Designer
o
0
1500
500
1500
Stage Manager
50
325
325
350
350
Musicians (4)
0
500
800
3000
4000
Lighting Designer
50
325
325
350
350
Hospitality
too
150
200
100
200
Travel
700
0
0
0
0
Set
too
1750
2500
2000
4000
Costumes
o
200
2500
1000
4500
Props
o
1000
6o0
Soo
500
Lights
0
$0
50
So
So
Royalty
o
0
4200
3200
2500
Poster
o
150
150
t5o
150
Postcard/flyer
500
goo
goo
goo
goo
Postage
too
goo
goo
goo
900
Mail Service
200
525
525
525
525
Street Signs
200
250
250
250
250
Newspaper Ads.
200
700
700
700
700
Radio/other media
o
0000
3
3000
3000
Programs
50
t000
t000
t000
t000
hnutzen staff
250
1500
2000
1500
2000
Rental
t200
5200
5200
5200
5200
3700
18275
37250
28975
40375
� - Z Z
19
APPENDIX D
ORGANIZATIONS WHO HAVE FUNDED CST IN SINCE JANUARY 2oo6
AND HOW MUCH THEY HAVE DONATED IN THAT PERIOD
Not including Grants from the City of Federal Way, who have funded through:
The Federal Way Arts Commission
Federal Way Tourism Enhancement Grant Program
City Manager's Contingency Fund
CASH
Seattle Foundation
10,000
4Culture
10,400
The Boeing Company
7,500
Metropolitan Market
6,000
Jarvis Financial Inc.
6,000
WalMart
4,000
National City Mortgage
4,000
Federal Way Noon Rotary
4,000
Bargreen Ellingson Inc.
3,000
Puget Sound Energy
2,000
Artpatch
2,200
Rainier Pacific Bank
1,500
IN-KIND
Paguirigan Branding and Design* 20,000*
Federal Way News 5,000
Brantley, Jansen, Yost et al 1,500
KUOW-FM 2,000
Federal Way Mirror 1,000
*Centerstage went through a full branding Process with this advertising agency, who also created our new logo and our
marketing materials for 18 months.
F-23 20
APPENDIX E
PRECEDENT IN OUR REGION FOR NONPROFIT ARTS ORGANIZATIONS
MANAGING A CITY -OWNED FACILITY
Although our proposal is specific, there is no template which both parties
must agree to. There are many options.
To explore some options, CST met with representatives of The Village Theatre and
Kirkland Performance Center.
The Village Theatre receives a management fee from the City of Everett to operate the
Everett Performing Arts Center.
The Kirkland Performance Center is used, rent-free, by a nonprofit corporation in a
facility owned by the City of Kirkland.
We have outlined below sketches of the agreements both these nonprofits have with the
local City. These notes are intended as a reference, which offer other options for Federal
Way and CST to explore.
V-- Zh 21
Everett Performing Arts Center
*Contacts: Lanie Mc Mullen, Executive Director, City of Everett, (425) 257-8700
vvww.villagetheatre.or
Sherrill Dryden, Manager, Everett Performing Arts Center: (425) 257-6363
www.ci.everett.wa.us
The Village Theatre produces shows in Issaquah and then moves them to Everett. In the
City of Everett's budget for 2005, the City described the project as providing:
*quality performing arts events for Everett citizens
*a home for indigenous needs: artistic, business, educational
*a destination attraction, generating a flow of dollars
*flagship professional arts to citizens of Snohomish County
The expected results were:
*enhancement of the quality of life for Everett citizens
*facility rentals
*a full season of Main Stage productions
*provision of children's programming
*The Village Theatre guarantees Everett a certain number of
performances per year.
*The City of Everett has an M&O line item in its budget of
$290,000 (how that is exactly broken down was not shared
with us.)
*By happenstance, rather than by planning, some of the
technical equipment is owned by the City and some by
the Village Theatre.
*The Village theatre maintains the facility.
*However, the City is responsible for maintenance and custodial costs
*Sherrill Dryden, the local manager liaises with the City of
Everett, but is an employee of the Village Theatre (as are all
theatre staff).
*Theatre supervises all rentals, bears, and is reimbursed for,
all labor costs, but rental fees go to City of Everett.
Sherrill Dryden said to us that this arrangement: "makes financial sense for the City of
Everett".
r -:Z-5 22
Kirkland Performance Center
*Contact: Steve Lerian, Executive Director, Kirkland Performance Center
(425) 828-0422. www.kpeenter.org
Dave Ramsay, Manager, City of Kirkland, (425) 587-3001
www.ci.kirkland.wa.us
*The Kirkland performance center has three 10 -year leases with the City of Kirkland. It
was opened in 1997-
.*The City provided the nonprofit corporation with the services of a Business Consultant
to draw up a viable business plan.
*No rent is paid to the City. However, the Kirkland Performance Center raised $4 million
of the $5.7 million required to build the facility. Steve Lerian characterized this as "rent
in advance". (This is comparable to, but very different from, the arrangement at the
Knutzen, where $400,000 was raised through private fundraising -in which CST
was intimately involved - and $2 million provided by The City of Federal Way to meet
the cost of converting the convent chapel into a theatre).
*The nonprofit corporation has full authority over the uses of the building, except for 7
days annually which the City may use for its own purposes. The nonprofit corporation is
reimbursed for labor costs for any such uses.
*The City otherwise has no programming input.
*The City of Kirkland levies an Admissions Tax on all performance admissions in the
City. These taxes are re -granted to the nonprofit corporation (at about $40,000 per
year). The City further grants $50,000, which is used mostly for maintenance and
upkeep.
*The City is responsible for HVAC, elevators, exterior landscaping and the fabric of the
building. The nonprofit corporation is responsible for everything else, including
plumbing, maintenance, utilities, sound and lighting.
*If the nonprofit corporation fails, the City of Kirkland inherits everything, including all
stage and related equipment.
23
MANAGEMENT COMPARISION OF KNUTZEN FAMILY THEATRE BUDGET
2004-2007
(w1year 2007 adjusted to remove Church Group use of KFT)
_Aqua[-( rAe[ubt:. Yt #�ICcCuai
,
Operating Revenue:
Event Admission Fees S
16,915 $
10,638 $
20,401 $
9,286
Ticket revenues from city sponsored or produced events
Program Fees
Theatre Rental-Centerstage Theatre
15,456
7,144
16.177
15,632
Program registration fees for theatre classes. youtlhfcommunity theatre
15,000
5,150
15,150
25,750
Rental fees Centerstage Theatre
Theatre Rentals - Business
4,445
5,747
27,783
(800)
Rental fees for business rentals such as Christian Faith Church
Theatre Rentals -Arts Organization
5,260
21.150
21,020
9,989
Rental fees forresident arts organizations such as Ana Dance
Theatre - Arts Organization - Nonresident
3.240
1.805
5,537
6.259
Rental fees for non-resident arts organizations
AV Equipment Rental
5,370
2064
3,142
1.937
Rehearsal Space - Arts Organization
325
852
26
-
Rental fees for resident arts organzations
Theatre Rental - Conknercial
920
-
6,716
Rental fees for privatelfor prat cultural arts programs
Theatre - Nonresidential Art Organization
600
1,118
632
231
Rental fees for non-resident arts organizations
Technical & House Staff
6,399
11,242
12,079
13,420
Fees for technical staff associated wtrentals. backed out $3377 for Church
Investment Interest
530
1,804
4,048
6,493
Grants
4,600
2,500
1,500
500
Grants for equipmenb'programs
Transfer In from General Fund Arts Comm
5 310
7.500
-
Arts Commission sponsored activities
Other Miscellaneous Revenue
69
238
3.823
972
backed out $30 for Family Christian Church
-
Operating Expense:
Personnel Costs - Pay/Benefit 121.429 90,070 83,588
122,895
Office Supplies 1,802 1,299 2,502
5,011
Household Supplies 1.118 932 90
1,375
Food & Beverage 632 341 509
913
Repair & Maint Supplies 126 208 150
2,235
Clothing & Footwear - 494
264
Professional Services 32,574 18,173 22,710
13;290
Custodial & Cleaning 9,424 2,648 8.673
6,949
Corin unications/Postage - 4
-
Travel & Training 1.390 855 686
543
Advertising & Legal Notices 973 2,068 1,319
2,583
Rental of Fumiture/Equipment - - 721
459
Utilities 15,089 16:221 19,675
21,614
Repairs &Maintenance - 2,168 5,784
8,685
Printing & Other P hscellaneous 3,243 3,397 2.539
2,533
""-`CtS
O "rati ..
-Indirect Costs:
Direct Supervision/Support
-
16,410
18,122
18.043
Cost for a portion of Marls time.
General Fund Admin Fee
3,291
3,344
3,394
3,445 Cost for legal Svcs, accounting, payroll, accounts payable, etc.
Internal Service Charges
1 1,305
10,806*
10,620
17,226 Costs for computers, phones, copier, mail services
,etc.
-
- In 2007. KFT contributed $28K to capital Lund balance and spent $14K (see capital spending
below)
bw between unutty tax transfer and total loss are set asidein. the t(FT for capital purposes.
rare'"'" k�._w.ft - �` --•. r„ . `29d.4. c[1 11M-21015416:111 `a1.;' ,pb AC ilaC ijf[T'AGttTall:= Capital Spending using Fund Balance.
Mnor Equipment $ 8 513 $ S 34,824 $ 14,100
*WNW2, l if 4064 £ a is ar4ink r_3 A -+ring€- ✓ �: a
STATUS QUO;,
Operating Revenue 84,000 79,000 132,000 96,000
Operating Expense 188,000 138,000 149,000 189,000
Net Operating Loss (104,000) (59,000) (17,0001 (93,000)
Indirect Costs 15,000 31,000 32,000 33.000
Capital Costs 9'W0 35,000 14,000
Subtotal Other Costs $ 24,000 S 31,000 S 67,000 $ 47,000
taffis4tf .>y..l28%Q00,
PROPOSED 901,1TRACT:
Management Fee 75,000 75,000 75,000 75,000
Indirect Costs 15,000 31,000 32.000 33,000
Capital Costs 9.000 35,000 14.000
Subtotal Other Costs $ 24,000 S 31,000 S 67,000 $ 47,000
..:, r. _3oF[ eft'` FcisReSS -eit `tSG X86*t78Q d2II8Ps' X22 uti b `
on
Total City cost includes both direct operational costs for the Theatre (S189,348)
and $32.714 of indirect or shared costs. These costs include supervisory, legal
administrative and internal services fees Stich as a telephone system and computers.
The expenses will not be assesed to CST but will be transferred to the General Fund
and will remain a cost to the City and distributed to other departments. If staff
reductions are made for supervisory, legal and adrrinistrative staff this cost to the
General Fund would be reduced- The City will continue to maintain capital costs with the
V - Z<�
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Knutzen Family Theatre Program Outline
1. Professional Children's Theatre performances
a. Storybook Theater
b. Thistle Theatre
c. Tears of Joy Theatre
d. Pushcart Players
2. Participational Children's Theatre
a. Missoula Children's Theatre
b. Summer Youth Musical Theatre Program
i. Two 4-7 yr old theatre camps
ii. 9-12 yr old theatre camp
iii. 13-19 yr old theatre camp
3. Theatre Classes
a. Drama
b. Musical Theatre
c. Private Lessons
d. Shakespeare
e. Acting Technique for advanced teens/adults
f. Fall, Winter, Spring season
4. Community Theatre
a. THUGS: A Musical Mafiasco
i. January 2008
b. I Hate Hamlet
i. January 2009
5. Rental Space for Arts Organizations
a. 91h Avenue Dance
b. Aria Dance
c. Centerstage Theatre
d. Avon Schilproort
e. Rose Johnson
f. Amy Lalicker
6. Rental Space for Businesses
a. World Vision
b. Weyerhaeuser
c. Lifeway Church
d. Veterans Administration of Puget Sound
e. Bellarmine School District
f. Overflow Dining area
7. Rental Space for other City functions
a. Parks & Recreation Dance Classes Recitals
b. Friendship Theatre
c. Advancing Leadership Graduation
d. Writers' Retreat
e. Holiday Adopt -a -Family
f. PRCS meetings
8. Technical Support for City functions
a. Red, White & Blues Festival (off-site)
i. Sound for 2nd Dance stage
b. Tech/equipment support for Community Center (off-site)
c. Tech/equipment support for Dumas Bay Center
9. Staff support for Dumas Bay Center
a. Front desk coverage
b. Basement PRCS Dance Classes
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Knutzen Family Theatre Mission Statement
The mission of the Knutzen Family Theatre is to provide the community of Federal Way
with a quality facility that presents accessible and affordable arts and cultural experiences
in a unique and beautiful setting.
The Knutzen Family Theatre will:
provide a performance space for local artists and arts organizations;
enrich the lives of community residents;
contribute to economic development;
foster arts and cultural education for all ages;
serve as a gathering place for the community.
Knutzen Family Theatre Vision Statement
We envision the Knutzen Family Theatre will:
Establish a facility primarily dedicated to the presentation of the performing arts.
Maintain a state-of-the-art performance facility which supports the on going viability of
the local arts organizations.
Stimulate the city's economy by facilitating the growth of our local arts industry,
developing regional audiences and attracting business investment.
Provide cultural enrichment opportunities that build Federal Way=s identity and
improves livability.
�-3 q
COUNCIL MEETING DATE: November 18, 2008
ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: COMMUNITY CENTER CAFE VENDOR CONTRACT
POLICY QUESTION: Should the Council approve the Request for Proposals submittal for concessionaire services
at the Federal Way Community Center?
COMMITTEE: PRHSPS MEETING DATE: November 10, 2008
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY_Doug_ Nelson, Community Center Supervisor. DEPT: PRCS
To better serve the customers and surrounding neighborhood, the Federal Way Community Center (FWCC)
plans to add cafe operations. A Request for Proposal (RFP) was issued on April 3, 2008. TG Restaurants, DBA:
Billy McHale's Restaurant was the only firm that submitted a proposal for vendor services.
At the May 13, 2008 PRHSPS reviewed the RFP submittal by TG Restaurants and after some discussion directed
staff to complete the design and construction estimate before moving forward with acceptance of a vendor.
PRHSPS reviewed and approved the Cafe design and construction estimate of $111,896.47 on July 8, 2008 and
the full City Council approved this item on July 13, 2008.
The concession infrastructure will be built-in, along with the installation of selected appliances and fixtures. TG
Restaurants will provide some of the portable equipment. TG Restaurants has proposed to provide 5% of Gross
Revenues (if weekly sales are less than $4,700) and 10% of Gross Revenue (if weekly sales are equal to or
greater than $4,700) and will be responsible for the Leasehold Excise taxes.
Attachments: Cafe Concession RFP Submittal
Options Considered:
1. Approve the Community Center Cafe RFP submittal for concessionaire services at FWCC.
2. Decline the Community Center Cafe RFP submittal for concessionaire services at FWCC.
STAFF RECOMMENDATION: Staff recommends Council accept the Cafe Concession submittal for services from
TG Restaurants and authorize staff to proceed with negotiation of a contract.
CITY MANAGER APPROVAL: DIRECTOR APPROVAL:
to Committee to Council to Committee To Council
COMMITTEE RECOMMENDATION:
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the RFP submittal for concessionaire services at the
Federal Way Community Center and authorize staff to negotiate a contract with TG Restaurants. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED IST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 02/06/2006 RESOLUTION #
COMMUNITY CENTER CAFE SERVICE
RFP
JERI-LYNN CLARK
MANAGEMENT SERVICES DEPARTMENT
CITY OF FEDERAL WAY
33325 8b AVE S.
FEDERAL WAY, WA 98053-9718
Experience:
Billy McHale's Restaurant has been in Federal Way for over twenty years serving guests
in a full service family style restaurant. For the past six years we have run the
concessions for the City of Federal Way at Celebration Park, and for the summer of 2008
we will run the concessions at Steel lake Park.
For three years we ran the cafe for the South Seattle Auto auction serving over 350
customers per day_
Project manager:
Jim Ross an Owner of Billy McHale's will be the project manager and be responsible for
equipment, staffing, service and menu development_
Proposed food & beverage menu:
See Exhibit "A"
Proposed Equipment:
We propose the following be added to the cities equipment list provided in the .cafe floor
plan option I
TurbOchef High speed countertop oven (does not need a hood) placed on back counter
5 head soda fountain for Bib pop with ice bin & cold plate. To replace the drop in
smoothie ice bin.
Pannini sandwich maker with Dbl head. To replace the pizza by the slice display.
Under counter freezer. Added under the pizza and hot food merchandiser.
Single electric burner_ Added to counter to boil water to heat soups to proper
temperature.
We propose the following equipment be deleted from the current floor plan.
Pizza by the slice merchandiser
Hot food display merchandiser
Drop in ice bin
Equipment to be provided by us for our use in the cafe:
Cash register
Coffee brewer
Espresso machine
Smoothie blender
Two soup kettles
Wells food warmer. To sit on the back counter for hot food for rice bowls.
Rice cooker
Hot dog roller
Microwave
G)- 2
Exhibit "A" PROPOSED CAFE MENU
Bagel & cream cheese $2.25
'/x bagel cream cheese, lox, red onion $3.50
Fresh fruit bowls $5.99
Fresh fruit, yogurt, granola cup $3.95
Apples, Oranges & Bananas $1.25
Spinach salad
$5.95
Chopped salad
$5.95
Chicken Caesar
$5.95
Salmon Caesar
$6.50
�/2 sandwich
$3.75
Wrap sandwich
$4.95
'h sandwich & cup of soup
$5.95
Pannini sandwich
$6.25
Cup of soup
$2.75
Bowl of soup
$3.50
Stadium dog
$2.75
Kids meals:
Corn dog & apples $3.95
PB&J sandwich & apples $4.25
Mac & cheese & apples& apples $4.50
Mini Pizza $4.50
Bag of chips
$1.00
Biscotti
$1.29
Cookies
$1.49
Scones
$1.79
Muffins
$1.65
Candy bars
$.75
Fruit smoothies
$3.75
Italian sodas
$2.25
Hot chocolate
$1.75
Coffee
$1.75
Assorted teas
$1.75
Btl water
$1.50
Gatorade
$2.25
Fountain sodas
SM
$1.50
LG
$1.95
Regular
Grande
Espresso
$2.50
$2.75
Lattd
$2.50
$2.75
Mocha
$2.50
$2.75
C^�
Budget
Gross Revenue:
Mon Tue Wed
Thur Fri Sat
Sun Total Monthly
$500 $600 $850
$850 $700 $700
$500 $4700 $18,800
Proposed percentage rent @ 10%
Weekly $429.22
Monthly $ 1,716.89
Yearly $20,182.65
Leasehold excise tax payment @ 12.84%
Weekly $5516
Monthly $220.62
Yearly $2,593.47
Total:
Weekly $484.38
Monthly $1937.51
Yearly $22776.12
*Yearly sales based on days closed for holidays.
Yearly
$221,000*
Proposed ten percent rent is based on a sales volume of $4700.00 per week. if this sales
volume is not met for a monthy period then we propose a 5% rent would be paid to the
city.
All sales will be rung on a cash register. The sales will be recorded daily on an Excel
spreadsheet that will show gross sales, Taxes, Net sales, over shorts, Percentage rent, and
12.84 excise tax.
Percentage rent and excise tax will be paid to the city of Federal Way by the I& day of
the next month.
References supplied upon request.
C -,-H
Thank you for your consideration.
Billy McHale's Restaurant
1800 S 320"
Federal Way, WA 98003
(253) 839-4200
Email Jross I 969L&aol.com
J_im R s
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C-5