Municipal Research News

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Municipal Research News

Resources for Washington's Cities and Towns
June 1994

Articles

Minors - Can We Keep Them Off the Streets? Do We Want To?
Community and Civic Networks
Ask MRSC
MRSC Online News
Resource Sharing - City Information Partnership Program
Summer Fun - 1994 Update
New Ordinances
Wanted: Ordinances on Disk
Time to Readopt the MTO

Minors - Can We Keep Them Off the Streets? Do We Want To?

Youth violence is a major issue in the daily news. Crime and hospital statistics confirm that juveniles are increasingly both the perpetrators and victims of crime. Under pressure from citizens, or by their own initiative, many city councils are considering various ordinances to deal with youth violence.

Over the past few years, several Washington cities have passed "parental responsibility" ordinances, but these have generally not been effective in stemming the tide of juvenile violence. Parental responsibility ordinances prohibit parents from allowing their children to be out in public during certain nighttime hours, with exceptions for specific adult-supervised activities. The current crisis has encouraged cities to take another look at curfew ordinances, and the state legislature has responded by passing new legislation (E2SHB 2319, Chapter 7, Laws of 1994, 1st special session) addressing youth violence. One small but significant part of the legislation authorizes all cities and counties of the state to pass ordinances:

The effective date for this section of the bill is June 13, 1994. This is the legislature's attempt to deal with a significant legal question: can effective juvenile curfew laws be enacted which will withstand constitutional challenges in the courts?

Neither the courts nor the constitution strictly prohibit curfew regulation. However, constitutional problems have arisen because of the difficulty cities have had in passing ordinances which properly balance the rights of juveniles and the perceived need to get juveniles off the streets at night. Prior court decisions, in Washington and in other states, have invalidated curfew ordinances because they were vague and did not provide ascertainable standards for locating the line between innocent and unlawful conduct, or because they were too broad, thus infringing on the constitutionally protected rights of juveniles.

The new state legislation clearly requires that curfew ordinances not contain criminal sanctions for violations. Therefore, all violations have to be civil, punishable by fines only. Also, the legislation specifically authorizes police officers to take juveniles into custody if they are violating a local curfew ordinance. That provision is a response to challenges based on RCW 13.40.040(1)(b), which restricts the authority of the police to take juveniles into custody for conduct which would be legal for an adult. It would also be advisable to draft ordinances as specific and narrow as possible, in order to not unduly restrict the rights of juveniles. By adhering to the constraints of the caselaw, the constitution, and the state legislation, it may be possible for valid curfew ordinances to be enacted; however, it will take time before court challenges to their constitutionality are processed through the legal system. Until then, the constitutionality of the recent state legislation, and the constitutionality of local curfew ordinances enacted under its authority, will remain unknown.

The city of Everett appears to be the first city to pass a curfew ordinance since the state legislation was enacted. Everett Ordinance No. 2001-94 contains statements concerning the need for the legislation, provides for civil penalties only, places responsibilities on both parents and juveniles, carefully defines what constitutes a violation, and restricts applicability to a specified downtown area. Only time will tell whether this, or similar ordinances, will withstand the legal scrutiny of the courts.

Another approach to this general problem is to enact anti-cruising ordinances, which prohibit individuals from repeatedly driving on certain streets at certain times; such ordinances have been upheld by the courts, and they have been effective in some cities. Anti-cruising ordinances help to alleviate traffic congestion by dispersing the teenagers, thus lessening the likelihood of violence, and of antisocial behavior by some juveniles who want to show off for the crowd. Care should be taken to avoid passage of an overly broad cruising ordinance, which might invite a legal challenge. Obviously, not all cities have conditions justifying such ordinances.

We urge councilmembers to carefully discuss curfew and cruising ordinances, and to consult with their city attorneys on these issues. Even though there is strong pressure in many communities to pass such legislation, city officials must realize that curfew and cruising ordinances will probably be legally challenged, resulting in tying up legal staff and diverting attention from alternative ways of addressing the youth violence problem. Some cities have chosen to place their focus on working with their community to set up youth centers and other programs, with the purpose of providing alternative activities for juveniles. If young people are involved in supervised programs, they will be less likely to be out on the streets. (See MRSC's March issue of this newsletter for an article on how some cities have set up such programs, at a relatively low cost.)

The lessons learned in the war on drugs are valuable reminders that a police enforcement solution does not address the heart of the problem, which is often based on social and/or financial crises in many families. Whichever way a city chooses to cope with the youth violence issue, MRSC is available to provide information and sample ordinances, and to act as a clearinghouse for ideas.

Written by Jim Doherty, MRSC Legal Consultant

Community and Civic Networks

By now most readers know that MRSC has a bulletin board system (BBS), MRSC Online, for Washington cities and towns. Have you also heard of the Heartland Free-Net, Big Sky Telegraph, or Hawaii FYI? They are also types of BBS which contain a mix of government and community information. There is a grass roots communications revolution occurring across the county which connects communities of citizens, governments, libraries, educational institutions and other organizations through the use of computers. Since community computer networks may be our future, our purpose is to bring to your attention some of the activities occurring in our state and across the country.

What Are Community Networks?

Community networks operate similarly to MRSC Online. One or more computers are connected to a modem which enables a user to dial-up the system using a computer at a remote site and obtain information, services or exchange communications. Some community networks are bulletin boards which run on personal computers while others run on large systems.

Community networks with government sponsors are generally referred to as civic-nets. Those that are basically run by citizen groups are free-nets. These computer networks offer some unique opportunities for interlocal cooperation and civic participation. The first community network was created in Berkeley in the mid-1970s. The largest is the Cleveland Free-Net which operates out of Case-Western Reserve University. An excellent example close by is the Victoria, B.C. Free-Net. The Santa Monica Public Electronic Network (PEN) was one of the first community systems supported by local government and has been used as a model.

MRSC is aware of six community networks at various stages of construction in our state: Bellingham's Civic-Net, Seattle Community Net, the city of Seattle's Public Access Network (PAN), the Inland Northwest Community Network, Kitsap Regional Library's free-net, and one in southwest Washington. The local governments of Snohomish County are also involved in the creation of SNONET to develop a county-wide communications infrastructure. The Seattle Community Net (SCN) is the only one actually running at this time.

What Do the Community Nets Look Like?

Like MRSC Online, there are menus that offer discussion areas, a place for messaging, chatting, news, bulletins, and doors (access to databases connected to the board). Many use a town model, for example the Victoria Free-Net has the following main menu choices:

*** MAIN MENU ***

Each menu item leads to a submenu, for example choice number 2, *** COMMERCE BUILDING ***, yields a variety of business information. Each choice on the submenu will bring up the information relating to that menu choice. This is very similar to choosing a Bulletin, and viewing the contents, such as CPI information, on MRSC Online. Choice 1, on Victoria's main menu, below provides information on how to register a complaint with the Better Business Bureau.

*** COMMERCE BUILDING ***

And choice number 4, *** GOVERNMENT BUILDING ***, yields information provided by and about all levels of government (municipal, regional, provincial and federal), with an emphasis on local issues.

*** GOVERNMENT BUILDING ***

The GOVERNMENT BUILDING consists of information provided by and about all levels of government (municipal, regional, provincial and federal), with an emphasis on local issues.

As you can see from the menu samples, community networks can and do provide a variety of information. There is a host of service possibilities for the municipality and service organizations within the community: bus schedules, community education class schedules, offerings of county and city parks and recreation departments, meeting notices of government councils, boards and commissions as well as the minutes from these meetings, municipal codes and ordinances, government and community directories, community events calendars, library information including catalogs and other databases, self-help information, and medical information. The list of customer servicepossibilities is limited only by the constraints of the system and creativity available to make the net effective.

Current trends emphasize customer service, better communications, and citizen participation. The community net can provide a tool to put citizens in touch with elected officials and help foster a sense of community among citizens. If the network is connected to the Internet, an international electronic communications network, community access to information is broadened even further. Several of the community nets provide a link to information provided by the federal and state governments.

The Civic-Net Model

The Bellingham and Whatcom County Libraries' computer consortium received a Library Service Construction Act (LSCA) grant to start up a county-wide local government/library information computer network. The goal is to bring citizens, government and public libraries closer together. The Civic-Net Advisory Board includes representatives from Bellingham, Whatcom County, the libraries of these jurisdictions, Western Washington University, the Bellingham School District, and the Whatcom Council of Governments. The network would maintain databases developed by the city and county councils, libraries, parks departments, planning departments, schools districts, the transportation district, Council of Governments and any other agency of local government wishing to participate. The plan is to ultimately provide each local government in the county with a menu on which to post items of interest to citizens.

The vision is to provide information about issues before the city/county councils or any local government department 24 hours a day. Access would be provided to council minutes, meeting dates and agendas, county assessor records, park department programs, transit schedules, employment postings, and library collections. For further information about Bellingham's Civic-Net, contact Claudia McCain, Director, Bellingham Public Library, (206) 676-7794

The city of Seattle is developing a public access network (PAN) to provide people of every neighborhood with "electronic access to civic information and services whenever they want it, from their homes, where they work, and other locations where they live." The plan is to create a system that includes business applications; access to educational systems including library systems; citizen participation/democracy; basic government services; access to medical institutions; and commercial applications that include everything from "yellow page" advertising to transaction processing - such as ticket sales and reservations. Phase one will be tested shortly. Contact Kevin Turner, Project Manager or Leonard Roberts, DP Director for additional information, (206) 684-0600.

The Free-Net Model

The free-net model generally involves a private or public group which solicits assistance from members of the community. The service is free to the user; it is primarily dedicated to the development of local information resources; and it is dedicated to including as broad a spectrum of people as possible. The Seattle Community Net uses a group of volunteers which acts as a liaison with each community group interested in posting information on the network. The Victoria Free-Netis supported by government groups, private and public corporations, and academic institutions.

Most of the work of the free-net is supplied by volunteers; people feel a sense of pride in sharing with the community. They help provide information and keep the system running, either through donations, time, talent or a combination of these things. Often they are run with assistance from university or public library resources.

The Seattle Community Network (SCN) went on line earlier this year via the Seattle Public Library's dial-up access. It is a pilot project of the Seattle Chapter of Computer Professionals for Social Responsibility. It has now applied to become a separate nonprofit organization. SCN is a public computer exchange of ideas and information entirely run by volunteers. Its main menu appears below:

SEATTLE COMMUNITY NETWORK

Main Menu

Choice number 3, Community Center, brings up the following menu:

SCN COMMUNITY CENTER

Kitsap Regional Library will host the Kitsap Free-Net which will allow online access to the library's information as well as other public and private agencies which provide services and information to the public. Like Bellingham, the regional library received a grant from LSCA funds. The objective is to obtain participation of the county, the park district, and the four cities in Kitsap County (Bremerton, Bainbridge Island, Port Orchard and Poulsbo), and the Navy.

Ideas for information to provide online include a database of Navy personnel available to help the community in resource projects; issues of the Bremerton Sun online; city council minutes, agendas and other information; a Chamber of Commerce sponsored database of tourist information; park activity schedules; and county government information. For further information contact MichaelSchuyler at Kitsap Regional Library, (206) 405-9139.

Eastern Washington University has sponsored a free net through the National Public Telecomputing Network (NPTN) covering Spokane, Lincoln, Ferry, Stevens, Pend Oreille, and Whitman counties in Washington, and the Coeur d'Alene area of Idaho. The concept is that local rural communities will establish mini-free-nets with their own community information which will be linked to a larger whole. For further information, contact Karen Michaelson, Eastern Washington University, (509) 359-6567.

A free-net is under construction in southwest Washington (Clark County area). The group organizing the free-net includes citizens, and representatives of the educational service district, telephone company, newspaper, and other interested parties. For further information call Bob Brewer, a member of the technical committee, (206) 234-2707.

The Future

Some believe that the community network system is in its infancy and will provide the communication links within the community and between communities of the future. It can provide links within region, state, and nation and beyond. The developments taking place now are akin to the early developments of the telephone. Eventually everyone will have a computerized link to everyone else that can transmit data, images, whatever else scientists develop for us in the future.

Bulletin boards such as MRSC Online and community nets provide a customer information tool that should not be overlooked by local governments. There are opportunities for forming different partnerships to provide customer services, citizen information and citizen participation. Local officials should work together to avoid duplication of services within a region. Department personnel also need to work together within a local government to plan the system or plan how they will participate on a system hosted by another organization.

The electronic dial-up system of the local library system on-line catalog may offer possibilities for cooperative information sharing. This is a form of community access now being expanded by many library systems to include various community and local government information. Bellingham Public Library, Seattle Public Library, and Kitsap Regional Library are local examples of developments occurring across the United States.n

References and Additional Information

Civic-Net Is Coming, by Claudia McCain News & Notes: City of Bellingham, Personnel Division, February 1994.

Community Computer Networks: Building Electronic Greenbelts, by Steve Cisler, Apple Library, Cupertino, Calif. (6-20-93)

Community Networks: Building a New Participatory Medium, by Doug Schuler, Communications of the ACM, January 1994.

Free-Nets, prepared by Steve Snow, a Triangle Free-Net Volunteer, Triangle Park, N.C., March 1993.

Public Access Network: Purpose, History & Status. City of Seattle, January 20, 1994.

Washington State Library, Library Services and Construction Act Applications for Bellingham Public Library dated September 23, 1993 and Kitsap Regional Library dated September 29, 1993.

Newsletter of the Inland Northwest Community Network, Vol. 1:1, February 17, 1984.

Written by Lynne De Merritt, MRSC Library Manager

Ask MRSC

Advertising Period - What is the advertising period for a public works construction project?

First class cities and code cities with populations above 20,000 population have no required advertising period under state statutes. Their own municipal codes will govern their advertising procedures. The statutes require all other cities to publish a notice of the project in their official newspaper or a newspaper of general circulation most likely to bring responsive bids, at least 13 days prior to the bid opening.

Animal Control - Does an animal control officer have to be commissioned and take an oath of office?

There are no specific statutory or regulatory requirements that govern such officers. An animal control officer is not a "law enforcement" officer as defined in RCW 43.101.010, which requires basic law enforcement training for law enforcement personnel under RCW 43.101.200(1). Thus, the only requirements for an animal control officer are those established by the city for the position.

Bid Requirements - Do bid requirements apply to contracts for services?

As a result of 1994 legislation that was effective June 9, 1994, competitive bidding for contracts for services is no longer required for sEcond and third class cities, towns and code cities under 20,000 population (Ch. 273, Laws of 1994). (Other classes of cities were already exempt from bidding for these services).

In the past, the only exemption from bidding for these types of cities was for professional services and for services costing less than $7,500. After June 9, 1994, all types of services may be obtained without using a bid process regardless of price. This includes garbage collection services.

Classification Change - How will the new legislative changes in city classifications affect a city currently classified as third class?

Under the changes to city classifications, Ch. 81, Laws of 1994, which go into effect on June 9, 1994, third class cities have been renamed and will henceforth be classified as sEcond class cities.

Criminal Justice Funding - Is the .1 percent criminal justice sales tax subject to the non-supplanting rule?

Like all the other criminal justice funds, receipts from the .1 percent criminal justice sales tax cannot replace or supplant existing funding. Existing funding is defined as calendar year 1989 actual operating expenses for criminal justice purposes. The State Auditor's Office has produced a new schedule for the Bars Manual that includes this sales tax.

Cruelty to Animals - Are there new state laws regulating cruelty to animals?

Yes. Our state legislature recently enacted new legislation regarding cruelty to animals, HB 1652 (Ch. 261, Laws of 1994), which restricts the authority of animal control officers. Under the new legislation, they must obtain the assistance of a law enforcement officer in order to make arrests, execute search warrants, or seize an animal.

Current Use Assessment - Must a city pay additional tax, interest, and a penalty when withdrawing agricultural land enrolled in a current use program, if the land will be used for open space purposes?

According to Nancy Rackleff at the Department of Revenue, Property Tax Division, a city would not generally have to pay such taxes and penalty if the land is to be used for open space purposes. The Department is adding clarifying language to WAC 458-30-300. The revised draft specifically states that no tax, applicable interest or penalty shall be imposed for the withdrawal or removal if "the purpose for acquiring classified land is to protect, preserve, maintain, improve, restore, limit the future use of, or otherwise conserve the land for open space uses or for public use or enjoyment." The exception applies only to cities, counties, and other agencies or organizations specified in the revised provisions. The Department doesn't expect significant changes and expects this draft will be adopted shortly.

Fire Arms Control - May council ban the carrying of firearms at council meetings?

No, the city council is preempted by state law with respect to firearms regulation. State law does prohibit possessing a weapon in certain places within a city, such as courtrooms, and does allow a city to restrict firearm possession in city-operated stadiums and convention centers. See RCW 9.41.300. However, state law does not allow a city to generally prohibit firearms in council chambers.

LID Assessment Limit - The city has a proposed downtown improvement LID that has been challenged as exceeding the benefit to the assessed property.

An LID assessment may not exceed the benefit of the LID to the assessed property. A successful challenge to the assessment may be made if the assessed property can demonstrate that the assessment exceeds the increased value to the property owner. This is often a problem, particularly in downtown improvements, where the costs of new curb, gutter, sidewalk, and street tree improvements may exceed the assessed increased value of adjacent properties.

Mayor's Signature - May mayor use a signature stamp to sign warrants?

Yes, the mayor may use a signature stamp to sign warrants, if the provisions of the "Uniform Facsimile Signature of Public Officials Act," contained in chapter 39.62 RCW, are followed. This act requires that the mayor or other "authorized officer" must file with the secretary of state his or her manual signature before a facsimile signature (e.g., signature stamp) may be used on a "public security," such as a bond or note, or an "instrument of payment," such as a warrant or a check. An "authorized officer" is defined as an official whose signature on a public security or instrument of payment is required or permitted.

Plan Implementation - Must comprehensive plans prepared under GMA provide substantive policy direction for development regulation?

Yes. A GMA city must adopt a comprehensive land use plan which states the city's land use policy. Cities are also required to enact development regulations which are "consistent with and implement the comprehensive plan . . . and (cities) shall perform their activities and make capital budget decisions in conformity with their comprehensive plans" (RCW 36.70A.120). The Procedural Criteria for Adopting Plans and Development Regulations (Ch. 365-195 WAC) interpret that "implement" connotes "not only a lack of conflict but sufficient scope to carry out fully the goals, policies, standards and directions contained in the comprehensive plan." The Central Puget Sound Growth Hearings Board (CPSGHB) held in Case No. 92-3-0004 that county-wide planning policies provide substantive and directive policy to the comprehensive plans of cities and counties "which in turn provide substantive direction to the content of local land use regulations, which govern the exerciseof local land use powers, including zoning, permitting and enforcement" (page 17). The Board also noted in the same case that the use of either "should" or "shall" in a GMA policy document must be construed to have directive meaning . . . the difference in meaning between `shall' and `should' is now one of degree rather than kind" (page 14).

Private Covenants - Is a private covenant enforceable if it is more restrictive than city zoning rules?

A private covenant is still enforceable, assuming it is validly created and does not violate public policy, even though it is more restrictive than the city code. However, the city has no role in enforcing these covenants. The city is only concerned with city regulations. Enforcement of private covenants is a private matter.

Proxy Vote - May a councilmember vote by proxy?

No, that is not allowed unless the local rules of procedure specifically allow it, which would be very unusual. It is a basic rule of parliamentary procedure that members must be present to vote.

Public Works Project Advertisement - What should be in the advertisement for a public works project?

The advertisement in the newspaper should include, as a minimum, the following items:

1. Title of project.

2. Nature and scope of the work to be performed.

3. Where contract documents (plans and specifications) may be reviewed and/or obtained.

4. Cost to obtain a set of contract documents.

5. The place, date and time set for opening of the sealed bids.

6. Requirements for an accompanying bid bond.

7. Statement that the city retains the right to reject any and all bids and to waive minor irregularities in the bidding process.

Sales Tax - The sales tax rate in a neighboring city is higher than in our city. Can we raise our rate?

Not unless your city is one of the few that is currently levying less than the maximum rate of one percent. The sales tax in a neighboring city may be higher than your city's because the neighboring city has either established its own public transit system or is part of a transportation benefit area. Up to .6 percent can be levied, with the approval of the voters, for public transportation.

Telephone Excise Tax - Are cities exempt from the federal excise tax on telephones?

Internal Revenue Service Code Section 4253 exempts cities from the federal excise tax on telephone services. The companies that provide telephone services to cities can furnish them with certificates of exemption. By filing Form 8849, cities can claim refunds for a period of three years from the date paid.

MRSC Online News

Online-Services Survey Highlights Need for Training

Thank you to everyone who responded to our survey about online services. In April, we mailed surveys to each of the 270 city clerks, and received almost 200 responses. Our primary purpose in conducting the survey was to determine which barriers might exist to using the MRSC Online, the electronic bulletin for municipal officials.

Access to hardware does not seem to be a major obstacle: almost all respondents have a computer, and nearly half have access to a modem. On the other hand, over half of the respondents stated that they would like training before they would be comfortable using the system, and over 40 percent of respondents stated that they are not sure what features the system offers.

If you would like a training session in your area, please contact Fred Ward, MRSC Information Systems Specialist, to indicate your interest. Due to our small staff, and limited resources, MRSC would need an assurance that at least ten people will be in attendance at the training session. Individuals from several cities and towns might meet at a central location. Depending on demand, we will attempt to schedule a series of regional training sessions so as to minimize our travel time.

The sessions would be hands-on to greatest extent possible, and would preferably be scheduled at a site that has at least one computer with a modem. We would also be able to bring two portable computers that have copies of the bulletin board system. Several individuals could work together at each computer.

MRSC has also been providing training by telephone. This works best if you have the capability to use your telephone at the same time that you are using a modem. If so, we can walk through the system together. Depending on your setup, we may also be able to schedule training for severalindividuals by speaker phone.

If you would like information about registering for MRSC Online ($15/year registration fee), please contact the MRSC receptionist. For questions about system features, or to schedule training, please contact Fred Ward at (206) 827-4334 or 1-800-933-6772.

Hands-On Training at AWC Convention

During AWC's convention in Spokane, we will be conducting short, hands-on training sessions for MRSC Online. Each session will last about 30 minutes and will cover logging on, reading bulletins, searching databases, reading and sending messages (E-Mail), and uploading and downloading files. The training will take place:

Tuesday - June 14
12:00 noon to 4:00 p.m.

and

Wednesday and Thursday - June 15-16
9:00 a.m. to 4:00 p.m.

Because the sessions are limited we would like you to have appointments made before the conference begins. Each trainee will receive free year's subscription to MRSC Online (password, communications disk, and manual) upon successful completion of the training. Please call MRSC or fill out the form in your AWC convention confirmation packet and fax to MRSC to register. There is no charge for the training.

Resource Sharing - City Information Partnership Program

Items Received from Information Partners

MRSC launched an Information Partnership Program in the summer of 1993 in which 55 municipalities agreed to appoint persons to act as an information liaison with MRSC. The goal of the program is to help MRSC obtain needed documents from municipalities to include in MRSC's resource sharing program

The following items were requested in April from the cities and towns participating in MRSC's Information Partnership Program: sample vendor lists, debt management policies, design guidelines or design standards, and request for proposals for attorney services. If you can provide additional information, it will be placed in MRSC's library for use by other municipalities.

Attorney RFP's: Coulee Dam and Tumwater

Debt Service Policy: Bellevue Resolution No. 5759 (debt service policy for water works utility)

Design Standards:

Anacortes Commercial Marine District Performance Standards in Ch. 17.22 Anacortes Municipal Code

Leavenworth Exterior Design Approval Application; Ch. 18.61 Architectural Theme and Ch. 17.16 general regulations and requirements

Omak Code; Ch. 17.16 Design Standards and Ch. 17.48 Binding Site Plan

City of Sequim Development Standards (adopted May 1994)

Town of Winthrop Westernization Ordinance No. 410

Vendor Lists: Coulee Dam, Deer Park, and Sequim

Other Items:

Bothell - City of Bothell Historic Walking Tour, prepared by City of Bothell Landmark Preservation Board with assistance of the Bothell Historical Museum and city staff. [PR 7.3500*]

Cashmere - A walking arboretum (walking tour brochure). Provides an inventory of trees and describes a 1 2/3 mile route with 60 identified trees on a map. [PR 7.5500*]

Chehalis - Investment policy for the city of Chehalis, adopted by council May 1994. 15 p. [F 5.7100 C45 I55 1994]

Concrete - Accident prevention programs: Section 1, Accident Prevention; Section 2, Confined Space Entry Procedure; Section 3, Lock Out Tag Out; Section 4, Respirator Safety Program (1994). [PE 1.6000 C65 A255 1994]

Burien - City manager's evaluation. Contains evaluation criteria for six month review of city manager. [G 2.4700 B86 C55 1994]

Seattle - Final environmental impact statement for the city of Seattle's comprehensive plan, March 1994, 299 p.: ill. [PL 6.3000 S42 F55 1994]

Tacoma - Housing plan, June 1993, xii, 72 p. : ill. [PL 6.4000 T3 H65 1993] -- 1994-1999 Capital facilities program, June 1993. 126 p. : ill. [PL 12.1000 T3 C35 1993] -- Capital facilities plan, June 1993. 108 p. : ill. [PL 6.4000 T3 C35 1993] -- Generalized land use plan, June 1993. xvi, 263 p. : ill. Adopted by Ordinance No. 25360, August 31, 1993. [PL 6.4000 T3 G46 1993]

Tumwater - City of Tumwater comprehensive plan: Volume I, 1993. 1 v. (various pagings). [PL6.4000 T85 C55 1993] Volume I: Land use plan (December 7, 1993); Housing plan (November 16, 1993); Parks and recreation plan (June 1, 1993); Lands for public purposes/essential public facilities plan (June 8, 1993); Utilities plan (May 18, 1993); Capital facilities plan (December 21, 1993). Volume II: Joint plan; Transportation plan; Conservation plan (critical areas); Economic development plan.

Summer Fun - 1994 Update

We think of summer as time of relaxation, letting loose and having fun. City officials may have to address issues related to "summer fun," such as fireworks, street fairs, and nuisance problems. The balance between persons having fun and creating a nuisance may be delicate. In the June 1991 issue of Municipal Research News we published a resource list of materials available at MRSC. MRSC's library has updated that list here to include a sampling of provisions regulating fireworks, parades, special events using public right-of-way, controlling cruising, skateboarding, noise from "boom boxes" and car stereo systems, and water safety. Call the MRSC library if you would like copies of any of the items listed below.

Circuses, Carnivals, and Fairs - Lynnwood Ordinance No. 1906 regulates temporary special events, circuses, carnivals, and parades in the city, and amends municipal code (no date)_Redmond Ordinance No. 1706 requires business licenses for all carnivals and circuses, specifies that applicant for license must be the company or person actually conducting the event, establishes license fees, and amends municipal code (12-92).

Cruising - Centralia Ordinance No. 1622 (1-88)_Marysville Ordinance No. 1960 (9-93)_Olympia Municipal Code, Ch. 10.72 (1990)_Renton Municipal Code Section 10-12-22 (4-87)_Seattle Ordinance No. 113957 (5-88)_Yakima Ordinance No. 94-10 (3-94).

Fireworks - Bainbridge Island Ordinance No. 93-14 sets hours in which fireworks may sold and discharged in the city for 1994, and 1995 and each year thereafter (6-93)_Battle Ground Ordinance No. 93-702 clarifies Battle Ground's fireworks provision in relation to provisions of state law (4-93)_Bellevue Ordinance No. 4535 prohibits retail sale, display and discharge of fireworks in the city except by permit (5-93)_Fircrest Ordinance No. 1036 limits use of fireworks to noon July 2 to 11 p.m. July 4 (6-93)_Lacey Ordinance No. 958 restricts time of sale of fireworks between 9:00 a.m. and 11:00 p.m. on the first through the 4th day of July; restricts discharge of fireworks between 9:00 a.m. and 11:00 p.m. July 3rd and 4th of each year (3/93)_Langley Ordinance No. 649 restricts time when fireworks may be sold and discharged (6-93)_Marysville Ordinance No. 1942 limits the dates and times for sale or discharge of common fireworks, and amends municipal code (Passed 3-93)_Mukilteo Ordinance No. 763 bans the sale and discharge of fireworks within the city effective one year from the date this ordinance is adopted (Passed 5-93)_Tumwater Ordinance No. 1378 limits discharge of fireworks to July 3 and 4; limits sale of fireworks to the period of July 1 through July 4 of every calendar (4-93).

Graffiti - Mabton Ordinance No. 730 (4-93)_SeaTac Ordinance No. 92-1025 (6-92)_Union GapOrdinance No. 1591 (6-92).

Liquor in Public Places - Cashmere Ordinance No. 809 prohibits possession and consumption of alcoholic beverages in park; requires licenses of from all groups, organizations, clubs having more than one watercraft or carrying more than six persons in a watercraft (no date)_Tumwater Ordinance No. 1301 revises the rules and regulations for city public parks by prohibiting the sale or consumption of alcoholic beverages in city public parks and amends municipal code (8-91)_Walla Walla Ordinance No. A-3683 regulates open liquor packages and consumption of liquor in public places, prohibits consumption of alcoholic beverages by minors, and amends municipal code (8-91)_Walla Walla Ordinance No. 93-A-29 regulates sale, purchase and possession of liquor at Veterans Memorial golf course (9-93).

Noise - Boom Boxes, Car Stereos - Kent Ordinance No. 2954 (12-90)_Kirkland Ordinance No. 3168 (5-89)_Lacey Ordinance No. 913 (8-91)_Port Angeles Ordinance No. 2612 (8-90)_Seattle Municipal Code, Section 25-08.515 (1989).

Skateboarding - Auburn Ordinance No. 4386 (12-89)_Battle Ground Ordinance No. 653 (4-90)_Everett Ordinance No. 1934-93 (3/93)_Bremerton Ordinance Nos. 4267 and 4268 (5-90)_Kettle Falls Ordinance No. 1464 (7-90)_Kirkland Ordinance No. 3200 (1-90)_Lynnwood Ordinance No. 1769_Walla Walla Ordinance No. A-3646 (8-90).

Special Events - Use of Right-of-Way - Bellevue Ordinance No. 4622 adopts a special events code to provide for the issuance of special events permits to regulate events on public streets and public property (12-93)_Kirkland Ordinance No. 3370 relates to the temporary use of public rights-of-way and other city owned property by nonprofit groups for special events, reducing the filing fee for certain temporary special event permits (6-93)_Mill Creek Ordinance No. 93-302 revises provisions relating to temporary special events (4-93)_Toppenish Ordinance No. 92-16 defines sidewalk business, prohibits the operation of a sidewalk business except for licensed business in a B-2 general business district, requires indemnification of the city and maintenance of liability insurance, requires design review and applicable permits, provides clean-up requirements, and adds a new chapter to the municipal code (8-92)_Port Angeles Ordinance No. 2739 amends the Zoning Code's retail stand regulations [Espresso cart], and amends Ordinance No. 2471 and municipal code (Passed 1-93) (C 5.1400).

New Ordinances

MRSC desires to simplify the process of sharing new ordinances by making them available in electronic format. This would allow us to put the full text of the ordinance on the BBS and enable you to download it to your printer or to a file. For those of you with a modem, this means you can have the copies now! Currently, you make a request, usually via the phone, we write down the request, photocopy the desired ordinances, put them in an envelope and mail them.

If your city's or town's ordinances can be sent to us on a disk, please do so. The preferred format isWordPerfect 5.1 or ASCII. Please call Lynne De Merritt, Library Manager or Fred Ward, Information Systems Specialist if you have any questions. See also related article, Wanted: Ordinances on Disk.

Building Permit - Adequate Water Supply - Edmonds Ordinance No. 2979 adds a new section to the building code incorporating Growth Management Act requirements that building permit issuance be based upon evidence of an adequate potable water supply. Passed 4-94. (C 3.1000)

Civil Service - Police - Rule of 25 Percent - Bothell Ordinance No. 1554 establishes a rule of 25 percent to allow greater flexibility to hire persons whose values and personality best suit the philosophy and mission of the police department. Passed 4-94. (PE 5.3310)

Commercial Parking Tax - Mukilteo Ordinance No. 782 imposes an eight percent tax upon the gross proceeds of commercial parking business within the city pursuant to RCW 82.80.030 to provide funding for transportation planning, construction, operation and maintenance. Passed 12-93. (S 1.2410)

Curfew - Everett Ordinance No. 2001-94 - regulates the hours which minors under the age of 18 may be on any public streets, highway, alley, park, vacant lot or other public place in the Central Business District between the hours of 11:00 p.m. and 5:00 a.m. Passed 4-94. (PS 7.4271)

Curfew - Kent draft ordinance - adds a new title 9 of the city code entitled "Curfew and parental responsibility for juveniles;" establishes a curfew for juveniles and defines duties of parents or others in care of juveniles. Passed 4-94. (PS 7.4271)

Curfew - Downtown - Yakima Ordinance No. 94-11 prohibits minors from remaining in any public place in the downtown area; defines the duties of parents and guardians charged with the custody or care of minors; adds new chapter 6.09 to municipal code. Passed 3-94. (PS 7.4271)

Deposits - Handling Procedures - Mill Creek Ordinance No. 94-325 adds procedures for handling monetary deposits; authorizes forfeiture upon notice of certain deposits currently held by the city. Passed 4-94. (F 1.1075)

Land Clearing and Grading - Tree and Vegetation Protection - Mill Creek Ordinance No. 94-320 regulates the cutting of trees or clearing of land within the corporate limits and establish standards for the granting of permits exemption or variances, and to establish penalties for violations. Passed 2-94. (C 7.0000)

Political Signs - Poulsbo Ordinance No. 93-31 amends provisions prohibiting the placement of signs in the public right of way except for official government signs and city approved community announcements to include political signs as allowed by Collier v. City of Tacoma. Passed 10-93. (LR 82.4000)

Professional Services - Consultants - Selection - Mukilteo Ordinance No. 784 allows the consultant selection committee to determine the number of professional consultants to be interviewed; previouslyonly three consultants were selected for interview. Passed 12-93. (F 8.8000)

Purchasing Procedures - Langley Ordinance No. 672 establishes uniform policies and procedures for the purchase of city materials, equipment and supplies. Passed 3-94. (F 8.1100)

Refreshments - Customer Service - Port Angeles Ordinance No. 2802 expands policy for payment of city meeting expenses to include customer service expenses to allow refreshments in the lobby of city hall; policy is to encourage citizens transacting business in the lobby of city hall to review important information about city government; limits cost of refreshments to $25 per week. Passed 4-94. (PE 7.5300)

Violations - Failure to Appear - Edmonds Ordinance No. 2975 provides an avenue to force individuals to fail to appear or simply ignore notices of violation to appear by creating a new criminal violation for failing to appear on notice of violation that assigns only a monetary penalty; creates a new section 5.01.045 entitled "Notice, failure to sign, non-appearance, failure to satisfy penalty." Passed 2-94. (PS 2.8000)

Vision Statement - Poulsbo Resolution No. 93-12 adopts a vision statement to assist and guide the city in developing its comprehensive plan. Passed 10-93. (G 9.2100)

Weapons - Lacey Ordinance No. 986 provides for an exception for the possession of weapons specifically approved by school or park authorities as part of an approved program. Passed 2-94. (PS 7.4260)

Wanted: Ordinances on Disk

The next phase of MRSC's online bulletin board service includes posting ordinances from Washington cities and towns on MRSC Online in full text so users can print or copy to a file instantly instead of waiting for MRSC to send copies by mail. Our goal is to have all the new ordinances in the Ordinance Summary Database downloadable at your computer. Bellevue has recently provided us with copies of selected ordinances currently summarized in the database. They will be posted on the BBS within the month.

We were very encouraged by the returns received to-date from our online services survey. Fifty-five cities or towns definitely said copies of ordinances could be provided to MRSC on disk or sent to MRSC through our bulletin board. Since the survey responses were anonymous, we would like those of you who responded yes to question 15, "Is your city able to send ordinance in electronic format to MRSC?" to volunteer assistance in getting this phase of the program running.

You can participate in the development of this new service by sending MRSC copies of ordinances on disk, preferably on a regular basis (we can return the disks). Our choice of formats to receive would be WordPerfect 5.1 or ASCII. According to the survey 53.5 percent of the respondents use WordPerfect and 23.4 percent use Word.

Any questions, comments, or thoughts, please call Lynne De Merritt, MRSC Library Manger or Fred Ward, Information Systems Specialist at (206) 827-4334 or 1-800-933-4334.

Time to Readopt the MTO

The present version of the Washington Model Traffic Ordinance (MTO), which is contained in the state statutes in Ch. 46.90 RCW, will expire as of July 1, 1994. The Washington MTO has been readopted as an administrative rule, which is contained in the Washington Administrative Code, Ch. 308-330 WAC.

Therefore, it is necessary for the council in all cities and towns that have adopted the MTO to take local action on this issue or else their local traffic code will be invalid and unenforceable on July 1, 1994.