ORD 11-684ORDINANCE NO.11-684
AN ORDINANCE of the City of Federal Way, Washington, relating
to Reflecting the Change of Government to the Mayor-Council in the
Federal Way Revised Code; amending FWRC Sections 1.20.020;
2.23.030; 2.29.040; 310.060; 3.10.130; 3.35.050; 3.50.370; 8.15.010;
8.15.060; 9.18.120; 12.40.250; 19.60.060; 19.80.250; 19.80.260;
19.91.120 (Amending Ordinance Nos. 89-06; 89-08; 90-43; 91-88; 95-
257; 95-230; 96-262; 97-291; 99-337; 99-339; O1-393; 02-426; 07-572;
09-593; 09-594; 09-627; 09-639; 10-661; and 10-666)
WHEREAS, the Federal Way City Council enacted Ordinance Numbers 10-661 (create
animal services); 10-666 (create the organizational structure); and 10-666 (update the Federal
Way Revised Code to delete references to City Manage); and
WHEREAS, certain sections of each ordinance inadvertently still refer to the City
Manager instead of the Mayor now that the Mayor-Council form of government is effective; and
WHEREAS, the Federal Way Revised Code should be modified to delete any remaining
references to the city manager as that position no longer exists.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. FWRC 1.20.020 regarding claims against the City is hereby amended to read
as follows:
1.20.020 Distribution, review of claim.
Once the claim is properly filed with the city clerk, it shall be distributed to the c-i#�
�e�Mavor, appropriate department directors and the city attorney. As necessary, the ciry
attorney shall coordinate further distribution and review.
Section 2. FWRC 2.23.030 is hereby amended to read as follows:
2.23.030 City attorney — Duties.
The city attorney shall be responsible for directing and coordinating comprehensive legal
services for the city; providing counsel to the ^�+�� ^ council, staff, committees and
commissions; supervising professional and administrative support legal staff; providing legal
advice to guide city policies, decisions and activities; representing the city and directing the
representation of the city at various court levels and tribunals in criminal and civil litigation and in
Ordinance No. I1-684 Page 1 of 10
administrative hearings; drafting and interpreting city ordinances and resolutions; and
negotiating real property acquisitions.
Section 3. FWRC 2.29.040 regarding Municipal Court is hereby amended to read as
follows:
2.29.040 Disposition of revenue.
Costs in civil and criminal actions may be imposed as provided in district court in RCW
3.62.060 and 10.01.160 as they exist or as they may hereafter be amended. All fees, costs,
fines, forfeitures and other money imposed by the municipal court for the violation of any city
ordinances shall be collected by the court clerk, and, together with any revenues received by
the clerk, shall be deposited with the city finance director, in conformance with procedures
adopted by the �age�Mavor or designee, or state law. These funds shall be retained or
disbursed pursuant to city ordinances or policies and state law, such as RCW 3.50.100.
Section 4. FWRC 3.10.060 regarding utility tax is hereby amended to read as follows:
3.10.060 Cellular telephone service — Income allocation and administration.
(1) Allocation of income.
(a) Service address. Payments by a customer for cellular telephone service from
telephones without a fixed location shatl be allocated among taxing jurisdictions to the location
of the customer's principal service address during the period for which the tax applies.
(b) Presumption. There is a presumption that the service address a customer supplies
to the taxpayer is current and accurate, unless the taxpayer has actual knowledge to the
contrary.
(c) Roaming. When the cellular telephone service is provided while a subscriber is
roaming outside the subscriber's normal cellular network area, the gross income shall be
assigned consistent with the taxpayer's accounting system to the location of the originating cell
site of the call, or to the location of the main cellular switching office that switched the call.
(2) Authority of administrator. The � Mayor or his or her designee is authorized to
represent the city in negotiations with other cities for the proper allocation of cellular telephone
service taxes imposed pursuant to this chapter.
Section 5. FWRC 3.10.130 regarding utility tax is hereby amended to read as follows:
3.10.130 Applications and returns confidential.
The applications, statements or returns made to the designated official pursuant to this
chapter shall not be made public, nor shall they be subject to the inspection of any person
except the mayor, ' Mavor, city attorney, designated official or authorized agent and
to members of the city council; and it is unlawful for any person to make public or inform any
other person as to the contents of or any information contained in or to permit inspection of any
application or return; provided, however, that the foregoing shall not be construed to prohibit the
designated official from making known or revealing names, addresses and telephone numbers
of utilities operating within the city, facts or information contained in any return to any taxpayer
or disclosed in any investigation or examination of the taxpayer's books or records to the State
Department of Revenue, for official purposes, but only if the statutes of the state grant
substantially similar privileges to the proper officers of the city.
Ordinance No. 11-684 Page 2 of 10
Section 6. FWRC 3.35.050 regarding sales and use taxes hereby amended to read as
follows:
3.35.050 Inspection of records — Agreement with Department of Revenue.
The city consents to the inspection of such records as are necessary to qualify the city for
inspection of records of the Department of Revenue, pursuant to RCW 82.32.330. The ci#�
�e�Mavor is authorized to enter into an agreement with the Department of Revenue for the
administration of the tax.
Section 7. FWRC 3.50.370 regarding funds is hereby amended to read as follows:
3.50.370 InterFund loan — Procedures.
The following procedures shall be used for the establishment and accounting of all interfund
loans made pursuant to this chapter:
(1) The �a�Mavor or his or her designee shall approve all interFund loans and
provide in the written authorization a planned schedule of repayment of the loan principal and
shall set a reasonable rate of interest, based upon the externat rate available to the city, to be
paid to the lending fund.
(2) Interest shall be charged in all cases unless:
(a) The borrowing fund has no independent source of revenue other than the lending
fund;
(b) The borrowing fund is normally funded by the lending fund; or
(c) The lending fund is the general fund, which, being unrestricted can loan interest-
free, except to a proprietary fund.
(3) The borrowing fund must anticipate sufficient revenues to be in a position over the period
of the loan to make the specified principal and interest payments as required in the authorizing
ordinance.
(4) The term of loan should whenever practicable be restricted to a period of one year, but in
no case shall the term of loan exceed three years, except for those funds which are legally
permitted to support one another through appropriations, transfers, advances, etc.
(5) Only that portion of a given fund which, in the prudent management of municipal finances
as determined by the ' Mayor, is clearly inactive or in excess of current needs may
be loaned to other municipal funds or invested.
(6) Appropriate accounting records shall be maintained to reflect the balances of loans
payable and receivable in every fund affected by such transactions.
Section 8. FWRC 8.15.010 regarding impounding vehicles is hereby amended to read as
follows:
8.15.010 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires
otherwise. Terms not defined here are defined according to FWRC 1.05.020.
"Authorization" means a notarized statement from a person with legal authority giving another
person legal authority to act on his or her behalf.
"Costs of impoundmenY' means the costs of removal, towing and storage incurred by a
registered tow truck operator in impounding a vehicle as provided for herein.
"Court" means the Federal Way municipal court.
"Department" means the Federal Way police department.
"Director" means the director of the Federal Way police department.
Ordinance No. 11-684 Page 3 of 10
"DWLS 1" means RCW 46.20.342(1)(a).
"DWLS 2" means RCW 46.20.342(1)(b).
"DWLS 3" means RCW 46.20.342(1)(c).
"Local ordinance" means any ordinance or statute enacted by any town, city, municipality or
county regardless of what state the ordinance or statute is enacted in.
"NVOL/No valid operator's license" means RCW 46.20.005.
"Penalties, fines, and forfeitures" mean monetary obligations in addition to costs of removal,
towing and storage of the vehicle (RCW 46.55.110).
"Registered tow truck operator" means the towing company awarded the contract for
performance of impounds pursuant to FWRC 8.15.090(1), if the ^�+�� m°^°^°rMayor exercises
his or her option to seek bidders for an exclusive towing contract, or any towing company which
the director requests pursuant to FWRC 8.15.090(2) to tow and impound vehicles.
Section 9. FWRC 8.15.060 regarding impounding vehicles is hereby amended to read as
follows:
8.15.060 Hearing requests.
Any person seeking to redeem a vehicle impounded as a result of a parking citation, traffic
citation, or pursuant to FWRC 8.15.020 has a right to a hearing before a municipal court
commissioner to contest the validity of an impoundment or the amount of removal, towing, and
storage charges and any administrative fee if such request is made in writing, in a form
approved by the ' Mavor and signed by such person, and received by the municipal
court within 10 days (including Saturdays, Sundays, and holidays) of the date the notice was
given to such person by the person impounding the vehicle or if the person seeking to contest
the impound validity was not the driver, within 10 days (inctuding Saturdays, Sundays and
holidays) of the date the notice was mailed by the registered tow truck operator pursuant to
RCW 46.55.120(2)(a). Such hearing shall be provided as follows:
(1) If all of the requirements to redeem the vehicle, including expiration of any period of
impoundment under FWRC 8.15.020, have been satisfied, then the impounded vehicle shall be
released immediately, and a hearing as provided for in FWRC 8.15.040 shall be held within 90
days of the written request for hearing. Any delay attributable to the person requesting the
hearing, including but not limited to continuances of the hearing date, shall be excluded from the
90-day period.
(2) If not all the requirements to redeem the vehicle, including expiration of any period of
impoundment under FWRC 8.15.020, have been satisfied, then the impounded vehicle shall not
be released until after the hearing provided pursuant to FWRC 8.15.040, which shall be held
within two business days (excluding Saturdays, Sundays and holidays) of the written request to
the municipal court for the hearing unless good cause as to the reason(s) for any delay is
shown. Any delay attributable to the person requesting the hearing, including but not limited to
continuances of the hearing date, shall be excluded from the two-day period.
(3) Any person seeking a hearing who has failed to request such hearing within the time
specified in FWRC 8.15.040 may petition the municipal court commissioner for an extension of
time to file such a request for hearing. Such extension shall only be granted upon the
demonstration of good cause as to the reason(s) the request for hearing was not timely filed.
For the purposes of this section, "good cause" shall be defined as circumstances beyond the
control of the person seeking the hearing. In the event such extension is granted, the person
receiving such extension shall be granted a hearing in accordance with this title.
(4) If a person fails to file a timely request for hearing and no extension to file such a request
has been granted, the right to a hearing is waived, the impoundment and the associated costs
Ordinance No. 11-684 Page 4 of 10
of impoundment and administrative fees are deemed to be proper, and the city shall not be
tiable for removal, towing, and storage charges arising from the impoundment.
(5) In accordance with RCW 46.55.240(1)(d), a decision made by a municipal court
commissioner may be appealed to the municipal court judge for final judgment. The hearing on
the appeal under this subsection shall be de novo. A person appealing such a decision must file
a request for an appeal within 15 days after the date of the decision of the municipal court
commissioner and must pay a filing fee in the same amount required for the filing of a suit in
district court. If a person fails to file a request for an appeal within the time specified by this
section or does not pay the filing fee, the right to appeal is waived and the municipal court
commissioner's decision is final.
Section 10. FWRC 9.18120 regarding animal services is hereby amended to read as
follows:
9.18.120 Rabies control.
(1) It is untawful for the owner of an animal, when notified that such animal has bitten a
person or has injured a person as to cause an abrasion of the skin, to sell, give away, or permit
or allow such animal to be taken beyond the limits of the city, except to a veterinary hospital, but
it shall be the duty of such owner upon receiving notice of the occurrence of such bite or
abrasion to immediately place such animal in a duly licensed veterinary hospital for at least 15
days or to deliver such animal to the police department or their agent for such placement;
provided, upon authorization of a licensed veterinarian, such animal may be released to the
custody of its owner or keeper upon the owner or keeper's undertaking to keep the same
securely chained and confined to the premises of the owner or keeper and segregated from
other animals during such observation period. A member of the police department or agent
thereof receiving such animal shall immediately convey the animal to a veterinary hospital
where such animal shall be securely confined for a period of at least 15 days. In case such
animal is delivered to a veterinary hospital by the owner or keeper, the owner or keeper shall
immediately furnish notice thereof to the chief of police. A veterinary hospital, upon the receipt
of such animal, shall submit to the chief of police a certificate stating that the animal either:
(a) Shows no symptoms of rabies; or
(b) Shows symptoms of rabies.
At the expiration of the 15-day period of confinement and upon release of such animal
because not rabid, a veterinary hospital shall submit to the chief of police a second certificate
stating that the animal has been found not to be rabid and has been released. A licensed
veterinarian releasing such animal to its owner or keeper for confinement during the observation
period shall at the end of the 15-day period submit a report to the chief of police as to the
condition of such animal.
(2) Costs of maintaining an animal in a veterinary hospital shall be paid by the owner.
(3) If a fierce, dangerous, or vicious animal cannot be safely taken up and impounded, such
animal may be euthanized by the police department or any of its officers or agents.
(4) In cases where an animal that has bitten a person or caused an abrasion of the skin is
euthanized by an officer, and a period of less than 15 days has elapsed since the day the
animaf bit a person or caused an abrasion of the skin of a person, it is the duty of the chief of
police or his authorized agent to deliver the brain of such animal to the laboratory of the State
Department of Health.
(5) Whenever rabies among dogs becomes prevalent in wes�ern Washington, the county or in
the city, or whenever western Washington, the county or the city are declared to be under a
rabies quarantine, the �'�'�a�Mayor may order every dog within the city inoculated, may
Ordinance No. 11-684 Page 5 of 10
order all dogs muzzled unless confined within a pen, and may make such other orders as may
be necessitated to protect the public from this health hazard. During the time such orders are in
force, the chief of police and his officers may be ordered by the ei�Y-�a�age�Mavor to euthanize
dogs found running at large.
(6) For the purposes of this section, a King County animal control center and the Pierce
County Humane Society qualify as duly licensed veterinary hospitals.
Section 1 l. FWRC 12.40.250 regarding bathhouse licenses is hereby amended to read as
follows:
12.40.250 Standards of conduct/operation.
� (1) Owner/managerrequirements. The following standards of conduct an:d operation shall be
adhered to by the owner, proprietor, manager, attendant, or person in charge of any public
bathhouse:
(a) Any person who is employed to be a bath attendant must be at least 18 years of
age.
(b) Public bathhouses must have a manager on the premises at all times during the
hours open for business and/or during the presence of patrons.
(c) Any person who is employed by a public bathhouse must present documentation
that he or she has attained the age of 18 years when an inspection pursuant to this title is
conducted. Proper documentation shall be as described in FWRC 12.40.100(2)(c).
(d) Provide that all doors in such premises, excluding doors in the office and storage
rooms, unless such doors provide access to service areas, are so equipped that they may not
be fastened shut so as to prevent reasonable access by such authorities who announce their
authority to enter prior to inspection.
(2) All licenses. The following standards of conduct and operation shall be adhered to by all
licensees:
(a) All licensees shall comply with all applicable federal, state and local laws, including
all safety and sanitation requirements and the city's building, fire and zoning codes;
(b) All licensees shall allow any police officer, the ' Mayor or his or her
designee, or a representative from the Seattle-King County health department or the Federal
Way fire department entry to the premises during the hours the public bathhouse is open for
business, upon presentation of proper identification, for purposes of inspecting the premises;
(c) Maintain business receipts showing the date of service(s) given, the type of
service(s) rendered and the name and city license number of the employee rendering the
service(s). These business receipts shall be retained for a period of three years after the date of
the service(s), and shall be open to inspection by the city clerk and the Federal Way police
department;
(d) Post in a prominent place a list of all services offered with a brief description of what
the service entails along with the costs of such service(s). All business transactions with the
customers must be conducted in accordance with the said posted list; and
(e) Not distribute or consume any alcoholic beverages and/or controlled substances on
licensed premises.
(3) Minors. It shall be unlawful for the owner, manager, or bathhouse attendant or any
employee or agent to admit anyone under the age of 18 years of age and permit them to remain
in or about such premises, unless such person is accompanied by or presents the written
consent of his or her parent or legal guardian.
(4) Prostitution. It shall be unlawful for any owner, manager, bathhouse attendant or any
employee or agent to knowingly harbor, admit, receive or permit to be or remain in or about
Ordinance No. 11-684 Page 6 of 10
such premises any prostitute or any person under the influence of any narcotic or dangerous
drug or to perform or allow to be performed any act, massage or manipulation in which contact
is made with another's genital areas either by hand, body or by any mechanical device or
object, whether it is covered or uncovered, clothed or unclothed, in whole or in part.
(5) Clothing required. It shall be unlawful for any owner, manager, bathhouse attendant or
any employee or agent to disrobe or be partially disrobed in the presence of another, other than
his or her spouse, while in any facility defined in this title.
(6) Supervision — Inspection. The owner or manager shall have the premises supervised at all
times when open for business. Rooms and stalls used for the purpose of massage or where an
attendant is provided or present shall be constructed in such a manner as to permit inspection.
Section 12. FWRC 19.60.060 regarding site plan review is hereby amended to read as
follows: �
19.60.060 Administrative guidelines.
The �aaa�Mavor is authorized to adopt administrative guidelines to implement the
provisions of this chapter. These administrative guidelines will be used in the site plan review
and have the full force and effect as if they were set forth in this title, and shall be on file in the
department.
Section 13. FWRC 19.80.250 regarding Council rezones is hereby amended to read as
follows:
19.80.250 Planning commission — Report to city council.
(1) Generally. The director shall prepare a planning commission report on the proposal
containing a copy of the proposal; along with any explanatory information, and the planning
commission recommendation, if any, on the proposal.
(2) Transmittal to city council. The director shall transmit the planning commission report to
the ' Mayor for consideration by city council.
(3) Distribution. The director shall promptly send a copy of the planning commission report to
any person requesting it.
Section 14. FWRC 19.80.260 regarding Council rezones is hereby amended to read as
follows:
19.80.260 City council action.
(1) General. Within 90 days of receipt of the planning commission report by the c�
�a�e�Mavor, the city council shall consider the proposal along with a draft ordinance
prepared by the city attorney.
(2) Decisional criteria. In deciding upon the proposal, the city council shall use the decisional
criteria listed in the provisions of this title describing the proposal.
(3) City council action. After consideration of the planning commission report and, at its
discretion, holding its own public hearing on the proposal, the city council shall by majority vote
of its total membership:
(a) Approve the proposal by adopting an appropriate ordinance;
Ordinance No. 11-684 Page 7 of 1 D
(b) Modify and approve the proposal by adopting an appropriate ordinance. If the
council chooses to modify an amendment to the comprehensive plan or a development
regulation, and the change is proposed after the opportunity for review and comment has
passed, an opportunity for review and comment on the proposed change shall be provided
before council on the proposed change unless:
(i) An environmental impact statement has been prepared for the pending
resolution or ordinance and the proposed change is within the range of alternatives considered
in the environmental impact statement;
(ii) The proposed change is within the scope of the alternatives available for public
comment;
(iii) The proposed change only corrects typographical errors, corrects cross-
references, makes address or name changes, or clarifies language of a proposed ordinance or
resolution without changing its effect;
(iv) The proposed change is to a resolution or ordinance making a capital budget
decision that is consistent with the comprehensive plan; or
(v) The proposed change is to a resolution or ordinance enacting a moratorium or
interim control and the council schedules a public hearing on the adopted moratorium or interim
control within at least 60 days of its adoption, and the council adopts findings of fact before or
immediately after this public hearing;
(c) Disapprove the proposal by resolution; or
(d) Refer the proposal back to the planning commission for further proceedings. If this
occurs, the city council shall specify the time within which the planning commission shall report
back to the city council on the proposal.
(e) If the city council determines that a development agreement should be prepared for
a site-specific request, the city council shall recommend further analysis based on Chapter
19.85 FWRC, Development Agreements.
Section 15. FWRC 19.91.120 regarding transportation impact fees is hereby amended to
read as follows:
19.91.120 Authorization for interlocal agreement.
The ^c+'�ge�Mavor is authorized to execute, on behalf of the city, an interlocal
agreement with other agencies having authority over transportation facilities to identify impacts
and provide mitigation for those impacts. In no case shall mitigation payments to the city be
reduced to account for mitigation payments to other jurisdictions.
Section 16. Housekeeping Adjustments. The City Clerk is authorized to replace the term
"city manager" with "mayor" in other sections of the Federal Way Revised Code that have not
been specifically identified as a housekeeping measure.
Section 17. 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
Orclinance No. 11-684 Page 8 of 10
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 18. Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of scrivener/clerical errors, references, ordinance numbering, section/subsection
numbers and any references thereto.
Section 19. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 20. Effective Date. This ordinance shall take effect and be in force five (5) days
from the time of its final passage, as provided by law.
PASSED by the City Council of the City of Federal Way this 18th day of January, 2011.
CITY OF FEDERAL WAY
c
A R, S PRIEST
ATTEST:
C
CITY CLERK, CARO MCNEIL Y, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
Ordinance No. 11-684 Page 9 of 10
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
12/28/2010
Ol/18/2011
O l /22/2011
Ol /27/2011
11-684
Ordinance No. 11-684 Page 10 of 10