ORD 09-591
ORDINANCE NO. 09-591
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, 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 ofthe 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 ofthe comprehensive plan; and is in the best interest of the residents ofthe city;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS
Ordinance No. 09-591
Page 1 of8
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.
}~s used in this diyision, the follov/ing words and terms shall be giyoo the following
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.
fl1 '.:...Appointment: includes all means of selecting, appointing, or employing any person to
hold the office of civil service commissioner.
~ '.:...Commission: means the civil service commission-,- herein created and "commissioner"
means anyone of the fi';e commissioners appointed to the commission. "}Jternate
commissioner" means anyone of the two alternate commissioners appointed to the eommission.
"Commissioner" means anyone of the five commissioners appointed to the commission.
"Alternate commissioner" means anyone of the two alternate commissioners appointed to the
commISSIOn.
(3) City means the city of Federal \Vay, a Washington municipal corporation.
~ '.:...Elector: means a registered voter.
~ '.:...Resident'.:.. means a person whose primary dwelling place is located in the city.
(Ord. No. 96-258, 9 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 terms used herein Terms in this article shall, in addition to their ordinary meaning, also
be are defined according to fl1 chapter 69.50 RCW, ~ city ordinance ordinances, ~
common law, or their ordinary meaning in that order of preference.
(Ord. No. 93-182, S 4, 7-20-93)
SECTION 3. Chapter 2, Article IX, Section 2-301, ofthe Federal Way City Code shall be
amended to read as follows:
2-301 Definitions.
}.I.s used in connection with the art in public places funds and 2% For The 1\11s projects, the
following terms haye the meaning set f-orth 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.
Ordinance No. 09-591
Page 2 of8
}~s commission means the Federal \Vay arts commission.
'.:...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 projects a proiect 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 aft;' portion thereof; provided,
however, that it does not include either initially or in the calculation of the total proiect cost. aft;'
city funded amount~ funded by the city for the acquisition of real property or equipment~ or for
demolition shall be excluded for the purposes ofthe calculation oftotal project cost.
'.:...Substantially: meaB: 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, 9 1, 7-19-94)
SECTION 4. Chapter 15, Article I, 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 following terms haye meanings indicated unless the context clearly
requires otherwise: The definitions in this section apply throughout this article unless the context
clearly requires otherwise. Terms not defined here are defined according to FWCC 1-2.
fB-'.:...SchooZ: includes a school as defined by has the meaning ooder RCW 28A.150.01O or
28A.150.020, and . The term "school" also includes a private school approved under RCW
28A.195.010.
~ '.:...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.
~ '.:...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, 92, 1-19-93; Ord. No. 94-207, 9 I, 1-4-94)
SECTION 5. Chapter 15, Article V, Section 15-166, ofthe Federal Way City Code shall
be amended to read as follows:
15-166 Definitions.
The following words, terms and phrases, when used in this diyision, shall haye the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
The definitions in this section apply throughout this article unless the context clearly requires
otherwise. Terms not defined here are defined according to FWCC 1-2.
'.:...No cruising area: means shall mean an area designated by the city council by ordinance as
susceptible to, or having a history of traffic congestion, obstruction of streets, sidewalks or
Ordinance No. 09-591
Page 3 of8
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 shall mean any point within the !lno cruising area established by
the city council for the purpose of monitoring cruising.
(Ord. No. 90-35, 9 1,2-20-90)
SECTION 6. Chapter 15, Article VI, Section 15-196, ofthe Federal Way City Code shall
be amended to read as follows:
15-196 Bicycle helmets.
(a) Purpose and policy.
(1) This chapter is enacted as an e-xercise of the authority of the eity of Federal 'Nay to
protect and preserve the public health and welfare. Its provisions shall be liberally construed f{)r
the accomplishment of these purposes.
(2) It is the express purpose of this ehapter to proyide f-or and to promote the health and
welfare of the general public, and not create or otherwise establish or designate any partim:1lar
class or group of persons who ':/ill or should be especially protected or benefited by the terms of
this ehapter.
(3) It is the specific intent of this chapter to place the obligation of c01Hf>lying v/ith its
requirements upon any person falling within this scope, and no pro'lision of, nor term used in,
this ohapter is intended to impose any duty whatsoever upon the city of Federal 'Nay or any of its
officers or employees, for whom the implementation or enf-orcement of this section shall be
discretionary and not mandatory.
(b) Definitions. }~s used in this chapter, the follo'.ving terms shaH haye the meanings indieated
Uflless every context clearly requires otherwise:
(1) Bicycle means e-very de'/ice propelled solely by human pO'l/er upon which a person or
persons may ride, fl&ying two tandem wheels, either of which is 16 inches or more in diameter,
or three v/heels, anyone of which is more than 20 inches in diameter (RC',x,r 46.04.071). Vlithin
this chapter, the term "bicycle" shall inolude any attached trailers, side cars, and/or other de-vice
being towed by a bicycle.
(2) Guardian means a parent, legal guardian, an adult with custody, or temporary guardian
who maintains responsibility, whether '/oluntary or otherwise, for the safety and v/elfare of a
person under the age of 18 years.
(3) Public area means public roadways, bicycle paths, sidewalks, parks, or any right of 'Nay
or publicly owned facility under the jurisdiction of the city of Federal \Vay.
(e1) Bicycle helmet required Generally - Helmet required.
(l!!) 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 ofthe helmet fastened securely while the bicycle is in motion.
(2.Q) 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 ofthis chapter.
Ordinance No. 09-591
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(~) 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 ofthe helmet fastened securely.
(d~) Bicycle races and events Helmet required.
(+~) 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.
(~Q) The person managing any such event shall include the bicycle helmet requirement in any
promotional brochures and on registration materials.
(eJ) Bicycle rental or loan races and events Helmet required.
(+~) 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.
(~Q) The rental papers (contract, agreement, or receipt) must advise the person renting the
bicycle of the bicycle helmet requirements of this chapter.
(B:) Penalties - Traffic infraction.
(+~) 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.
(~Q) 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.
(~) Each rental and each event under subsection (e1) of this section shall be a separate
violation.
(Ord. No. 04-476 9 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:
15-197 r8.25.0041 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 purposes.
(2) It is the express purpose of this chapter to provide for and to promote the health and
welfare of the general 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 mandatory.
Ordinance No. 09-591
Page 5 of8
I
L_
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 apply throughout this article unless the context clearly requires
otherwise. Terms not defined here are defined according to FWCC 1-2
"Bicvcle" means every device propelled solely by human power upon which a person or
persons may ride, having two tandem wheels, either of which is 16 inches or more in diameter,
or three wheels, anyone 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 a 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 iurisdiction ofthe 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.
W '.:...Motorized foot scooter: means a device with no more than two lO-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.
W'.:...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, 9 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
Ordinance No. 09-591
Page 60f8
each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that
anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared
invalid or unconstitutional.
SECTION 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 ofthe City of Federal Way this 6th day of January, 2009.
CITY OF FEDERAL WAY
ATTEST:
flu#f/[)Ff}p~
CITY CLE , AR L MC ILLY, CMC
APPROVED AS TO FORM:
Ordinance No. 09-591
Page 70f8
~ti~
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 11-20-2008
PASSED BY CITY COUNCIL: 01-06-2009
PUBLISHED ON: 01-10-2009
EFFECTNE DATE: 02-09-2009
ORDINANCE NO.: 09-591
Ordinance No. 09-591 Page 8 of 8