ORD 13-746ORDINANCE NO. 13 -746
AN ORDINANCE of the City of Federal Way, Washington, imposing
business regulations on significant impact businesses; adding a new
chapter to FWRC Title 12 Businesses.
WHEREAS, the Federal Way Revised Code ( "FWRC ") allows up to five unrelated
individuals to live in a single family residence, but is silent if those five individuals are all sex
offenders and violent felons; and
WHEREAS, the City's lack of regulatory controls resulted in the Department of Corrections
allowing eight sex offenders and one "high violent" gang member to be placed in a housing
provider's three bedroom house in a residential neighborhood; and
WHEREAS, after the City expressed concern, the Department of Corrections responded in a
letter dated June 17, 2013, that it does not review zoning or building code issues when approving the
placement of sex offenders; and
WHEREAS, previously the City had informed the Department of Corrections of building
code violations and overcrowding issues, which had no impact on the Department of Corrections
subsequent approval of sex offenders and violent felons at this location; and
WHEREAS, the Department of Corrections internal policies for sex offender housing
providers requires that the facilities comply with building codes and occupancy limits; and
WHEREAS, in the absence of the Department of Corrections ability to follow its internal
policies, the City desires to regulate these housing providers; and
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WHEREAS, Engrossed Senate Bill 5015 authorizes the City to provide the Department of
Corrections with a community impact statement that includes the locations of sex offender housing
providers within the City; and
WHEREAS, a housing provider, providing housing to two or more sex offenders or violent
felons in the same dwelling unit is operating a business; and
WHEREAS, requiring a business license will assist the City in identifying these housing
providers; and
WHEREAS, the City anticipates that with the closing of the above provider in the City, the
City of Kent's recent sex offender housing enforcement activity, and the City of Puyallup's recently
adopted regulations regarding sex offender and violent felon housing, that new housing providers
may begin operating in the City; and
WHEREAS, the potential adverse impacts on the public health, property, safety and welfare
of the City and its citizens if this Ordinance did not take effect immediately, justify the declaration of
an emergency and the designation of this ordinance as a public emergency ordinance necessary for
the protection of public health, public safety, public property or the public peace by the City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Title 12 of the Federal Way Revised Code is hereby amended to add a new
Chapter 12.60 "Significant Impact Business" to read as follows:
12.60.010 Purpose and Authority
The mission of the City of Federal Way is to provide its citizens with a safe and healthy
environment in which to work, live and play. In furtherance of this mission, the City
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exercises its police and regulatory authority derived from Wash Const. Article XI, Section
11 and RCW 35A.82.020 to regulate businesses that have significant impacts to the
community.
12.60.020 Definitions
The definitions in this subsection apply throughout this chapter.
(1) "Significant impact business" means a business that operates a congregate
residential facility for sex offenders or violent felons.
(2) "Congregate residential facility" means a dwelling where two or more unrelated
individuals reside.
12.60.030 Licensing
A significant impact business shall obtain a business registration under FWRC 12.05 and
shall obtain approval as a Group Home Type III use under FWRC Title 19.
Section 2. 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 3. 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
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scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 4. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 5. Effective Date. By unanimous consent, the Council finds that this ordinance is
needed for the immediate support of city government and is not subject to initiative or referendum
pursuant to FWRC 1.30. This ordinance shall take effect and be in force upon adoption.
PASSED by the City Council of the City of Federal Way this 3rd day of September, 2013.
CITY OF FEDERAL WAY
MAYOR, SAP PRIEST
ATTEST:
CTrY CLERK, CAROL MC EILLY, CM
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 9 -3 -2013
PASSED BY THE CITY COUNCIL: 9 -3 -2013
PUBLISHED: 9 -6 -2013
EFFECTIVE DATE: 9 -3 -2013
ORDINANCE NO.: 13 -746
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