Blaine Municipal Code

Title 2
ADMINISTRATION AND PERSONNEL

Chapters:

2.04 City Manager – Mayor

2.08 City Council

2.12 City Clerk

2.16 Repealed

2.18 Finance Director

2.20 Repealed

2.24 Emergency Organization

2.26 Public Safety Director

2.28 Repealed

2.32 Repealed

2.36 Repealed

2.40 Fair Housing Board

2.44 Park and Cemetery Board

2.46 Naming of Public Parks and Facilities

2.48 Housing Authority

2.52 Civil Service Commission

2.56 Planning Commission

2.58 Hearing Examiner

2.60 City Office Hours

2.61 Smoking Regulations

2.64 Officers’ Bonds

2.68 Salaries

2.76 Firemen’s Pensions – Volunteer Fire Department

2.78 Airport Commission [Effective Until Official Closure of
Blaine Municipal Airport]

2.80 Municipal Airport [Effective Until Official Closure of
Blaine Municipal Airport]

2.84 Cemetery

2.86 Municipal Court

2.90 Repealed

2.94 Personnel Rules and Policies

2.96 Community Trade and Economic Development (CTED) Grievance Procedure

Chapter 2.04
CITY MANAGER – MAYOR*

Sections:

2.04.010 Duties of mayor.

2.04.020 Mayor’s duties vested in city manager – Exceptions.

2.04.030 City manager as chief administrative officer and authorized signatory.

2.04.040 Specific powers and duties of city manager.

2.04.050 Statutory and council-prescribed duties of city manager.

* For the emergency organization of the city, see Chapter 2.24 BMC.

2.04.010 Duties of mayor.

The duties of the mayor shall be as defined in Chapter 35.24 RCW. (Prior code § 1-501)

2.04.020 Mayor’s duties vested in city manager – Exceptions.

For the purpose of the administration and enforcement of the city ordinances, resolutions, policies and regulations, wherever the word “mayor” is used in existing city ordinances, resolutions, policies and regulations, it shall be construed to mean the “city manager of the city of Blaine and his or her designee”; provided, however, that the word “mayor” shall mean “mayor” where used in existing city ordinances, resolutions, policies and regulations that unmistakably by their context prescribe a power or duty of the chairman of the city council or head of the city for ceremonial purposes or head of the city for purposes of military law in time of public danger. The mayor (city manager) shall also have the power to declare restrictions to include, but not limited to water use restrictions. (Ord. 2207 § 1, 1995; Ord. 1992 § 1, 1990; Ord. 1637 § 1, 1982)

2.04.030 City manager as chief administrative officer and authorized signatory.

The city manager shall be the chief administrative officer of the city and shall be the authorized official of the city to sign all contracts and agreements, applications and other official documents on behalf of the city. (Ord. 1636 § 1, 1982)

2.04.040 Specific powers and duties of city manager.

The city manager shall, consistent with applicable laws, have the following specific powers and duties:

A. Confer with the mayor and other members of the city council on administrative matters and policies pertinent to city business including, but not limited to, legal, engineering, maintenance, construction, communications, facilities, utilities, budgets, fiscal matters, planning and zoning;

B. Work closely with department heads and coordinate city activities and projects with other private and governmental entities including, but not limited to, school, fire, water, park and other federal, state and local agencies;

C. Be responsible for the hiring and supervision and disciplining of the administrative staff and the appointment of department heads, officials and other city employees;

D. Conduct extensive research needed for city activities;

E. Prepare reports concerning the departments and related problems for the city council, its mayor and other governmental agencies;

F. Propose ordinances relating to various city departments and activities and functions therein;

G. Revise or reaffirm staff recommendations;

H. Attend city council (including council committee) and staff meetings regularly;

I. Upon request, attend meetings of boards and commissions appointed by the city council;

J. Review plans and technical reports, budget submittals and other data relating to departmental programs, projects and performance;

K. Evaluate departmental preliminary budget proposals and prepare a preliminary annual budget for presentation and review by the city council, and prepare the city’s final budget and maintain budget control of all city expenditures. (Ord. 1636 § 2, 1982)

2.04.050 Statutory and council-prescribed duties of city manager.

The city manager shall have all those powers and duties set forth in Chapter 35A.13 RCW, as it exists as of the passage of the ordinance codified in this section and chapter or may thereafter be amended, and such other powers and duties as the city council may from time to time prescribe by ordinance or resolution. (Ord. 1636 § 3, 1982)

Chapter 2.08
CITY COUNCIL

Sections:

2.08.010 Time and place of council meetings.

2.08.020 Appointments to boards and commissions.

2.08.022 Vacancies on boards and commissions.

2.08.024 Terms for boards and commissions.

2.08.026 Removal from boards and commissions.

2.08.027 Excused absences.

2.08.028 Limited terms for boards and commissions.

2.08.030 Advertisement for boards and commissions.

2.08.032 Midterm vacancies.

2.08.010 Time and place of council meetings.

The regular meetings of the city council of the city shall hereafter be held in the council chambers of the City Hall, 344 H Street, on the second and fourth Mondays of each month at the hour of 7:00 p.m. (Ord. 2041 § 2, 1991)

2.08.020 Appointments to boards and commissions.

Appointments of noncouncil members to all city advisory boards and commissions shall be made by the city council. The city council shall cause openings for boards and commissions to be advertised and for applications to be accepted. The city council will then interview applicants and vote to make the appointment at their next regular meeting, unless a majority of the city council votes to make the appointment immediately. Mid-term vacancy appointments to advisory boards and commissions shall be made in the same manner and the person appointed shall serve out the remaining term. (Ord. 2612 § 1, 2005; Ord. 2024 § 1, 1991; Ord. 2016 § 1, 1991)

2.08.022 Vacancies on boards and commissions.

A. The city manager shall cause to be compiled and published annually by October 1st a listing of vacancies and anticipated vacancies on all citizen boards, committees and commissions, within the appointive jurisdiction of the council.

B. The listing shall state the title and term of office of each position, residency requirements, other requirements as delineated by resolution and ordinance, the appointing authority, and an address and telephone number for obtaining further information or for making applications. The listing shall include a brief description of the duties of each position and information on when regular meetings of the body in question are held.

C. The listing shall be posted in a conspicuous place in City Hall, provided to all council members and members of such boards and commissions, and be made available to the public and news media at no charge.

D. Persons expressing an interest in applying for appointment to a board, commission, or committee shall be given an application form to complete and file with the city manager, giving their name, address, telephone number, occupation and relevant qualifications. The applications shall be kept on file in the city manager’s office. (Ord. 2221 § 1, 1995; Ord. 2024 § 2, 1991; Ord. 2016 § 2, 1991)

2.08.024 Terms for boards and commissions.

Except as otherwise set by ordinance, all appointments to boards and commissions of noncouncil members made by the council shall be for a term of four years; provided, however, that vacancies occurring otherwise than through the expiration of terms shall be filled for the unexpired term. (Ord. 2221 § 2, 1995; Ord. 2024 § 3, 1991; Ord. 2016 § 3, 1991)

2.08.026 Removal from boards and commissions.

In circumstances where the council has the authority to remove from office a member of the board, committee, or commission, the council shall make such removal only upon the proper grounds specified in law. In the absence of such guidance in law, the council shall not remove a member from office without having given the member an opportunity to be heard by the council, if so requested. (Ord. 2221 § 3, 1995; Ord. 2073 § 1, 1992; Ord. 2024 § 4, 1991; Ord. 2016 § 4, 1991)

2.08.027 Excused absences.

A. Excused absences shall be defined as follows:

1. RCW 35A.12.060 provides that a council member shall forfeit his or her office by failing to attend three consecutive regular meetings of the council without being excused by the council.

2. Members of the council may be so excused by complying with this section. The member shall contact the city manager, city clerk, or presiding officer prior to the meeting. The city manager or city clerk shall convey the message to the presiding officer. Following roll call, the presiding officer shall inform the council of the member’s absence. The presiding officer shall ask for a motion to excuse the absent member. Upon passage of such motion by a majority of members present, the absent member shall be considered excused and the clerk shall make an appropriate notation in the minutes. When more than one council member is absent, each council member’s absence shall be voted on separately.

B. This policy shall apply to all regularly scheduled and noticed meetings of the city council, including regular meetings and special meetings.

C. Attendance Guidelines for Boards, Commissions and Committees. The city council requires that members of each board, commission or committee of the city council hereby have an annual attendance of 75 percent of the meetings and that three consecutive unexcused absences lead to automatic resignation from the board, commission or committee. (Ord. 2657 § 1, 2007; Ord. 2520, 2002; Ord. 2455, 2000; Ord. 2300 § 1, 1997)

2.08.028 Limited terms for boards and commissions.

No member shall serve more than two consecutive terms on any particular board or commission; provided, however, if a member does serve two consecutive terms on a particular board or commission, they must wait the equivalent of one full term before reapplying to serve on that particular board or commission. Board or commission members are allowed to serve consecutive terms on different boards or commissions. Concurrent service on more than one board or commission, however, is precluded. With the exception: Board and commission members appointed to fill midterm vacancies on all boards and commissions shall be allowed to be reappointed to the same board or commission for one additional term. An application for the new term must be filled out and submitted to be eligible for appointment. (Ord. 2533, 2002; Ord. 2221 § 4, 1995; Ord. 2024 § 5, 1991; Ord. 2016 § 5, 1991)

2.08.030 Advertisement for boards and commissions.

A. On or about October 1st, the city manager shall advertise vacancies and receive applications which shall consist of the official city of Blaine application form. The deadline for filing applications shall be November 1st. Candidates must complete a new application each time a vacancy opens.

B. On or about the second regular council meeting in November, the city council may interview the candidates in person in an open meeting. Public questions to the candidates may be solicited by the council. However, no appointments shall be made until the first regular meeting in December. Individual council members shall be authorized to contact candidates prior to final selection.

C. On the first regular council meeting in December, members of the city council shall nominate from the entire pool of applicants, candidates to fill all the vacancies on city of Blaine boards and commissions.

D. The council shall make appointments to boards and commissions for the expiring terms at this meeting. Such appointments shall be made by majority roll call vote of the council.

E. The city manager shall arrange orientation for appointed members. (Ord. 2221 § 5, 1995; Ord. 2024 § 6, 1991; Ord. 2016 § 6, 1991)

2.08.032 Midterm vacancies.

The procedure outlined in BMC 2.08.030 shall be followed in midterm vacancies; provided, however, the vacancy may be posted and advertised when the position becomes vacant and the vacancy filled by council as soon as practical thereafter. (Ord. 2221 § 6, 1995)

Chapter 2.12
CITY CLERK*

Sections:

2.12.010 Appointment.

2.12.020 Salary.

2.12.030 Administrative duties/responsibilities.

* Prior history; prior code §§ 1-1101, 1-1102; Ord. 1245.

2.12.010 Appointment.

The city clerk’s position shall be appointed as provided for under Chapter 35A.13 RCW by the city manager for an indefinite term and may be removed at will by the city manager. (Ord. 2332 § 1, 1997)

2.12.020 Salary.

The salary of the city clerk shall be set annually as part of the budget process. (Ord. 2332 § 1, 1997)

2.12.030 Administrative duties/responsibilities.

The city clerk shall hereinafter assume the responsibility for defining and assuring compliance with all records management standards, systems and procedures of city departments. Maintains official personnel records. Controls processing of official correspondence and records with other governmental agencies. Assists other departments in preparation of and conformance with records requirements related to bonds, annexations, vacations, and other legal and financial proceedings, and other duties as assigned or amended by the city manager. (Ord. 2332 § 1, 1997)

Chapter 2.16
CITY TREASURER

(Repealed by Ord. 2239)

Chapter 2.18
FINANCE DIRECTOR

Sections:

2.18.010 Established.

2.18.020 Salary.

2.18.030 Administrative duties/responsibilities.

2.18.040 Blanket amendment.

2.18.010 Established.

Effective January, 1992, there was created within the city of Blaine the position of finance director. The position shall be appointed as provided for under Chapter 35A.13 RCW by the city manager for an indefinite term and may be removed at will by the city manager. (Ord. 2331 § 1, 1997)

2.18.020 Salary.

The salary of the finance director shall be set annually as part of the budget process. (Ord. 2331 § 2, 1997)

2.18.030 Administrative duties/responsibilities.

The finance director shall hereinafter assume the responsibilities and duties of municipal financial matters under procedures which are established by the state and municipal statutes. These duties shall include, but shall not be limited to directing and controlling the financial, municipal court, purchasing and inventory activities of the city, including accounting, revenue collections, utility billing, investments, tax audit and payroll functions and other duties as assigned or amended by the city manager, and shall be available to consult with the city manager concerning the same. (Ord. 2331 § 3, 1997)

2.18.040 Blanket amendment.

All Blaine Municipal Code designations “city treasurer” or any variations therein shall be amended to read “finance director.” (Ord. 2331 § 4, 1997)

Chapter 2.20
OFFICERS PRO TEM

(Repealed by Ord. 2240)

Chapter 2.24
EMERGENCY ORGANIZATION

Sections:

2.24.010 Definitions.

2.24.020 Emergency management organization established.

2.24.030 Emergency and disaster powers of the city manager.

2.24.040 Violation – Penalty.

2.24.010 Definitions.

For the purpose of this chapter, the terms set out in this section shall have the following meanings:

A. “Emergency” or “disaster” as used in this chapter shall mean an event or set of circumstances which:

1. Demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken neighborhood overtaken by such occurrences; or

2. Reaches such a dimension or degree of destructiveness as to warrant the city manager proclaiming the existence of a disaster or the Governor declaring a state of emergency in accordance with appropriate local or state statute; or

3. Affects seriously the safety, health, or welfare of a substantial number of citizens of this city, or precludes the operation or use of essential public services and facilities with such magnitude or severity as to necessitate seeking state or county supplementation of local efforts or resources exerted or utilized in alleviating the danger, damage, suffering or hardship faced.

B. “Emergency management” (synonymous with “civil defense”) shall mean the preparation for and the carrying out of all emergency function, as set forth in Chapter 38.52 RCW, other than functions for which the military forces are primarily responsible, to mitigate against, prepare for, respond to, and recover from emergencies and disasters, and to aid victims suffering from injury or damage, resulting from disasters caused by all hazards, whether natural or manmade. It does not include, nor does any provision of the chapter apply to, any condition relating to a labor controversy.

C. “Director” shall mean the Whatcom County sheriff.

D. “Emergency management council” shall mean the policy-making agency for the Whatcom County sheriff’s office division of emergency management. It shall be composed of the mayor or the executive head of each political subdivision contracting or signing an interlocal agreement with Whatcom County for emergency management, and the sheriff as the director of emergency management, who shall serve as vice chairman of the council.

E. “Division” shall mean the Whatcom County division of emergency management. (Ord. 2259 § 1, 1996)

2.24.020 Emergency management organization established.

The emergency management organization of the city of Blaine is hereby created in accordance with Chapter 38.52 RCW. The city is part of a joint local organization for emergency management known as the Whatcom County division of emergency management (“division”), as outlined in the Interlocal Cooperative Agreement for Provision of Emergency Management Services, hereinafter referred to as the interlocal agreement, dated January 1, 1990, to which this city is signatory. In accordance with the interlocal agreement, the emergency management organization of the city of Blaine shall consist of:

A. The city manager, who shall be responsible for the direction and control of the emergency management organization of the city. The city manager shall also serve as a member of the emergency management council, hereinafter referred to as the “council” and participate as a member of the council in:

1. Selecting annually one of the council’s members to act as chairman of the council;

2. Meeting once annually between July and October, and at such other times as necessary at the call of the chairman and/or the director of emergency management. At least one-half of the membership must be present to constitute a quorum. A quorum will be four;

3. Having the duty and being empowered to review and recommend adoption of mutual aid plans and agreements to the legislative bodies of the jurisdictions party hereto, and approving or confirming emergency management and disaster plans, rules and regulations, and other disaster related actions of the director of emergency management;

4. Adopting or causing to be adopted by the city such resolutions and rules and regulations as are necessary to implement adopted plans and agreements;

5. Establishing annually via majority vote of the council membership present at the annual meeting, broad policy guidelines and program priorities for the emergency management division to be implemented by the director of emergency management.

B. The director of emergency management, who is the Whatcom County sheriff and has been appointed by the joint action of the political subdivisions signatory to the interlocal agreement, hereinafter referred to as the “director”, shall:

1. Be directly responsible to the city manager in matters relating to emergency management within the city;

2. Serve as the chief advisor to the council concerning emergency management matters affecting the emergency management;

3. Provide assistance as required to the city;

4. Direct the activities of the emergency management division and the emergency operations center;

5. Maintain, review and update the Whatcom County emergency management operations plan, insuring conformance with the state plan and program;

6. Control and direct the effort of the Whatcom County emergency management organization, including the preparation of supporting plans and operating procedures;

7. Prepare and submit to the council an annual budget and program for the emergency management division;

8. Represent the emergency management division in all life and property issues of the people, and, with the concurrence of the city manager, bind the city for the fair value thereof, and if required immediately, to commandeer the same for public use;

9. To require emergency services of any officer or employee of the city, with concurrence of the city manager, in the event of a proclamation by the Governor of the existence of a disaster, to command the aid of as many citizens of this community as he considers necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered civil defense workers;

10. To execute all of the special powers conferred upon him by this agreement or by resolution adopted pursuant thereto, all powers conferred upon him by statute, agreement approved by the council or by any other lawful authority;

11. To requisition necessary personnel or material of any county department or agency, or of any city department or agency, with the concurrence of the city manager of that city;

12. In the event of major emergency within the city, the director will be empowered to take only those actions specifically requested and authorized by the city, and approved by the executive head of any other political subdivision affected by such actions.

C. The deputy director of emergency management, who is appointed by the director, is responsible for the day-to-day operation of the division.

D. The city coordinator shall be the director of public safety, and shall coordinate the city’s emergency management functions, and perform liaison with the division on matters involving the emergency management program for the city of Blaine.

E. Designated city employees, together with those volunteer forces enrolled to aid during disaster, and all groups, organizations and persons who may by agreement or operation of the law, including persons pressed into services under provision of the law, charged with duties incidental to the protection of life and property in time of disaster; such persons shall be entitled to all privileges, benefits, and immunities as a provided by state law for registered emergency workers. (Ord. 2259 § 2, 1996)

2.24.030 Emergency and disaster powers of the city manager.

In the event of a proclamation of a disaster as herein provided, or upon the proclamation of a state of emergency by the Governor, the city manager is hereby empowered:

A. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the city council;

B. To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of the life and property of the people and to bind the city of Blaine for the fair value thereof, and, if required immediately, to commandeer the same for public use;

C. To control and direct the efforts of the emergency management organization of the city of Blaine for the accomplishment of the purposes of this chapter;

D. To require emergency services of any city officer or employee, and, in the event of the proclamation of a state of extreme emergency by the Governor in the region in which this city is located, to command the aid of as many citizens of this city as may be deemed necessary in the execution of the city manager’s duties; such persons to be entitled to all privileges, benefits, and immunities as are provided by state law for registered emergency workers;

E. To requisition necessary personnel or material of any city department or agency;

F. To execute all of the special powers conferred upon the city manager by this chapter, or by any other statute, agreement, or lawful authority, as necessary;

G. To establish and maintain continuity of government so as to establish provided exemption to notice requirements of the Open Public Meetings Act, and ensure proper succession of authority as is established in the city of Blaine emergency operations procedures. (Ord. 2259 § 3, 1996)

2.24.040 Violation – Penalty.

It shall be a gross misdemeanor for any person during a disaster:

A. To willfully obstruct, hinder or delay any member of the emergency management organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon him/her by virtue of this chapter;

B. To commit any act forbidden by any lawful rules or regulations issued pursuant to this chapter, if such act is of a nature as to give, or be likely to give, assistance to the enemy, or to imperil the lives or property of inhabitants of the county, or to prevent, hinder or delay the defense or protection thereof;

C. To wear, carry or display, without authority, any means of identification specified by the department of emergency management of the state. (Ord. 2362 § 1, 1998; Ord. 2259 § 5, 1996)

Chapter 2.26
PUBLIC SAFETY DIRECTOR

Sections:

2.26.010 Public safety director established.

2.26.020 Salary.

2.26.030 Character and conduct.

2.26.040 Scheduling and administrative duties – Responsibilities.

2.26.050 Blanket amendment.

2.26.010 Public safety director established.

There is hereby created within the city of Blaine the position of public safety director. The position shall be appointed by the city manager for an indefinite term and may be removed at will by the city manager. (Ord. 2179 § 1, 1995)

2.26.020 Salary.

The salary of the public safety director shall be set annually as part of the budget process. (Ord. 2179 § 1, 1995)

2.26.030 Character and conduct.

The public safety director shall maintain a high moral character, be free of moral turpitude, and shall at all times conduct him/herself with dignity becoming an employee of a municipal corporation. (Ord. 2179 § 1, 1995)

2.26.040 Scheduling and administrative duties – Responsibilities.

The public safety director shall hereinafter assume the responsibilities and duties previously assigned to the chief of police and the fire chief. These duties shall include, but shall not be limited to, preparing the salary schedules and preliminary budget estimates for both the police and fire departments and shall be available to consult with the city manager concerning the sane. The public safety director shall be the chief administrative officer for both the police and fire departments. (Ord. 2179 § 1, 1995)

2.26.050 Blanket amendment.

All Blaine municipal code designations “chief of police,” “fire chief” or any variations therein shall be amended to read “public safety director.” (Ord. 2179 § 1, 1995)

Chapter 2.28
FIRE MARSHAL

(Repealed by Ord. 2249)

Chapter 2.32
HEALTH OFFICER

(Repealed by Ord. 2232)

Chapter 2.36
CEMETERY BOARD

(Repealed by Ord. 2246)

Chapter 2.40
FAIR HOUSING BOARD

Sections:

2.40.010 Established – Composition – Appointment.

2.40.020 Investigatory and subpoena powers – Hearing records.

2.40.030 Hearings on complaints – Reports for prosecution.

2.40.040 Rules and regulations – Meeting scheduling.

2.40.010 Established – Composition – Appointment.

A. There is established a fair housing board to consist of three members to investigate complaints under this chapter. The members shall be appointed by the city council pursuant to Chapter 2.08 BMC, as adopted and amended.

B. At the next regular meeting of the fair housing board following the effective date of the ordinance codified in this section, the commissioners presently in office shall determine by lot whose terms shall expire in four years, three years and two years, respectively. Thereafter, the term of office for each appointive member shall be four years. The board shall determine which member shall serve as chairperson. (Ord. 2025 § 2, 1991; Ord. 2020 § 2, 1991; Ord. 1542 § 2(a), 1979; prior code § 2-702(A))

2.40.020 Investigatory and subpoena powers – Hearing records.

The board shall have all powers necessary to investigate complaints, including subpoena and calling of witnesses. Records shall be kept of all hearings. (Ord. 1542 § 2(b), 1979; prior code § 2-702(B))

2.40.030 Hearings on complaints – Reports for prosecution.

Upon a complaint being filed, the board shall conduct such hearings as it deems necessary to make a determination. The board, if it determines probable cause exists to state that a violation has taken place, shall issue a report to the city attorney for prosecution. (Ord. 1542 § 2(c), 1979; prior code § 2-702(C))

2.40.040 Rules and regulations – Meeting scheduling.

The board shall have the power to adopt its own rules and regulations together with meeting schedules. (Ord. 1542 § 3, 1979; prior code § 2-703)

Chapter 2.44
PARK AND CEMETERY BOARD

Sections:

2.44.010 Definitions.

2.44.020 Composition – Terms – Appointment.

2.44.030 Officers – Meetings – Rules – Records.

2.44.040 Quorum – Majority rule.

2.44.050 Responsibility of board.

2.44.060 City power to acquire park lands.

2.44.070 Repealed.

2.44.080 Budget estimates.

2.44.010 Definitions.

Words used in this chapter and Chapter 3.54 BMC shall be defined as follows:

A. “Board” means the park and cemetery board.

B. “Park” means an area of land used for public recreational purposes, including landscaped tracts, picnic grounds, playgrounds, athletic fields, recreational centers and all other recreational facilities for the use and benefit of the public, including municipal buildings so used.

C. “Cemetery” means any one, or a combination of more than one, of the following, in a place used, or intended to be used, and dedicated, for cemetery purpose:

1. A burial park, for earth interments;

2. A mausoleum, for crypt interments;

3. A columbarium, for permanent cinerary interments. (Ord. 2324 § 2, 1997; Ord. 2246 § 2(a), 1996; Ord. 1394 § 1, 1974; prior code § 2-201)

2.44.020 Composition – Terms – Appointment.

A. Seven board members shall constitute the park and cemetery board. They shall be appointed by the city council pursuant to Chapter 2.08 BMC, as adopted and amended.

B. At the next regular meeting of the park and cemetery board following the effective date of the ordinance codified in this section, the board members presently in office shall determine by lot whose terms shall expire in four years, three years, two years, and one year, respectively. Thereafter, the term of office for each appointive member shall be four years. The board shall determine which member shall serve as chairperson. (Ord. 2611 § 1, 2005; Ord. 2324 § 3, 1997; Ord. 2025 § 3, 1991; Ord. 2020 § 3, 1991; Ord. 1394 § 2, 1974; prior code § 2-202)

2.44.030 Officers – Meetings – Rules – Records.

The board shall annually elect its own chairman and create and fill such other offices as it may determine it requires. The board shall hold at least one meeting per month during 10 calendar months each year. It shall adopt rules for transaction of business, and it shall keep a record of its meetings, which record shall be open to public inspection. (Ord. 1394 § 3, 1974; prior code § 2-203)

2.44.040 Quorum – Majority rule.

Four members of the board shall constitute a quorum for the transaction of business. Any action taken by a majority of those present at any regular or special meeting shall be deemed as the action of the board. (Ord. 2611 § 1, 2005; Ord. 1394 § 3, 1974; prior code § 2-203)

2.44.050 Responsibility of board.

A. The board shall be entrusted with the responsibilities of advising and making recommendations to the city council for the management, control, improvement and beautification of all public squares, parklets and parks of the city and of all park drives, parkways, boulevards, play and recreation grounds and facilities. The board shall also periodically review whether the lands being used for park purposes are adequate and shall recommend to the council, when necessary, what additional lands and grounds should be acquired and used for park purposes, and shall share responsibility for total park design in Blaine.

B. The board shall also recommend to the council appropriate measures to ensure that the city has a well-integrated and complete program for this use of its parks and playgrounds and to accomplish this end the board shall from time to time meet with the appropriate city employees and with the officials of other groups who make use of city parks and playgrounds.

C. The board shall be entrusted with the responsibility of advising and making recommendations to the city council as to the management and control of the city’s cemetery property. (Ord. 2324 § 4, 1997; Ord. 2246 § 2(b), 1996; Ord. 1394 § 4, 1974; prior code § 2-204)

2.44.060 City power to acquire park lands.

The city shall have power, by ordinance, to acquire property for park purposes by gift, bequest, devise, donation, purchase, condemnation or other process, in accordance with law; provided, that any mortgage or other obligation given in payment for land for park purposes shall not be a personal or general liability against the city, but shall be and remain a liability against the property so acquired only. (Ord. 1394 § 6, 1974; prior code § 2-206)

2.44.070 Annual report.

Repealed by Ord. 2324. (Ord. 1394 § 7, 1974; prior code § 2-207)

2.44.080 Budget estimates.

The board shall submit to the city manager or his/her designee each year, on or before the last Monday in August, an estimate of the amount of money required by the department to carry on its activities for the ensuing year and recommendations for the development of the program and facilities as it may deem advisable, for the information and guidance of the city council in preparing the budget for the operation and maintenance of the city parks, recreational program, cemetery and necessary facilities and the acquisition of property needed therefor. (Ord. 2324 § 6, 1997; Ord. 1394 § 8, 1974; prior code § 2-208)

Chapter 2.46
NAMING OF PUBLIC PARKS AND FACILITIES

Sections:

2.46.010 Selection of name criteria.

2.46.020 Designation of name by city council.

2.46.030 Naming of interior features or facilities.

2.46.040 Renaming procedure.

2.46.050 Restriction on certain name proposals.

2.46.060 Signing.

2.46.070 Declining donations and/or proposals.

2.46.010 Selection of name criteria.

It is the policy of the city of Blaine to choose names for public parks and facilities based upon the site’s relationship to the following criteria:

A. Neighborhood, geographic or common usage identification;

B. A historical figure, place, event or other instance of historical or cultural significance;

C. Natural or geological features;

D. An individual (living or deceased) or a corporation or business who has made a significant land and/or monetary contribution to the park system or who has had the contribution made “in memoriam” and when the name has been stipulated as a condition of the donation; or

E. An individual who has contributed outstanding civic service to the city. (Ord. 2411 § 1, 1999)

2.46.020 Designation of name by city council.

The city council shall designate the names of public parks or facilities. The city council shall make its selection after receiving a written recommendation from the city of Blaine parks and cemetery board, based upon public input from individuals and organizations. Such written recommendation shall state how the proposed name(s) meet the five criteria in BMC 2.46.010. If a contest or competition is to be held to determine the name of a park or facility, the parks and cemetery board shall establish guidelines and rules for the contest. No city funds shall be used for any contest prizes. (Ord. 2411 § 1, 1999)

2.46.030 Naming of interior features or facilities.

The interior features and/or facilities of a park or facility may have names other than that of the entire park or facility. These names are subject to the criteria designated in BMC 2.46.010 and the selection process outlined in BMC 2.46.020. (Ord. 2411 § 1, 1999)

2.46.040 Renaming procedure.

A name once selected for a park or facility should be bestowed with the intention that it will be permanent, and changes should be strongly resisted. Name changes shall be subject to the procedures set forth in this chapter. (Ord. 2411 § 1, 1999)

2.46.050 Restriction on certain name proposals.

The parks and cemetery board shall wait at least six months between receipt of a name proposal and submittal of a final recommendation on its adoption in cases where the event or public service to be commemorated took place within the past year. (Ord. 2411 § 1, 1999)

2.46.060 Signing.

Following selection of a park or recreation facility name by the city council, the parks and cemetery board will identify the specific park or facility by appropriate signing specifying the name. (Ord. 2411 § 1, 1999)

2.46.070 Declining donations and/or proposals.

The city reserves the right to decline donations and/or all proposals for the naming of facilities. (Ord. 2411 § 1, 1999)

Chapter 2.48
HOUSING AUTHORITY

Sections:

2.48.010 Established – Appointment of commissioners.

2.48.020 Statutory powers and duties.

2.48.010 Established – Appointment of commissioners.

A. The housing authority of the city, as provided by Chapter 35.82 RCW, is created and authorized to transact business and execute its powers thereunder, there being a need for such authority to function in the city. The board shall consist of five members. The members shall be appointed by the city council pursuant to Chapter 2.08 BMC, as adopted and amended.

B. At the next regular meeting of the housing authority, following the effective date of the ordinance codified in this section, the commissioners presently in office shall determine by lot whose terms shall expire in five, four, three and two years, and one year, respectively. Thereafter, the term of office for each member of the authority shall be five years. The board shall determine which member shall serve as chairperson. (Ord. 2025 § 4, 1991; Ord. 2020 § 4, 1991; prior code § 1-1302)

2.48.020 Statutory powers and duties.

See Chapter 35.82 RCW for statute relating to municipal housing authorities. (Prior code § 1-1301)

Chapter 2.52
CIVIL SERVICE COMMISSION

Sections:

2.52.010 Established powers – Purpose.

2.52.020 Membership.

2.52.030 Rules and regulations – Meetings – Powers.

2.52.040 Qualifications of police officers – Conditions of police service.

2.52.050 Benefits eligibility of existing police officers.

2.52.010 Established powers – Purpose.

Pursuant to the authority conferred by Chapter 13 of the Laws of 1937 of the State of Washington (Chapter 41.12 RCW) there is created a civil service commission to execute the powers and perform the duties established by such state law in connection with the selection, appointment and employment of police. (Ord. 2406 § 1, 1999; Ord. 1391 § 1, 1974; prior code § 2-601)

2.52.020 Membership.

A. The civil service commission shall be composed of three members. Members shall be appointed by the city manager. Members shall serve without compensation and shall have the qualifications described by Section 3 of the acts cited in BMC 2.52.010.

B. At the next regular meeting of the civil service commission following the effective date of the ordinance codified in this section, the commissioners shall determine by lot whose term shall expire in six years, four years, and two years respectively. Thereafter, the term of office for each appointive member shall be six years. The members of the commission shall determine which member shall serve as chairperson. (Ord. 2406 § 2, 1999; Ord. 2025 § 8, 1991; Ord. 2020 § 8, 1991; Ord. 1391 § 2, 1974; prior code § 2-602)

2.52.030 Rules and regulations – Meetings – Powers.

The civil service commission, upon appointment, qualification and organization, shall hold meetings, adopt rules and regulations, perform the duties and exercise the powers of such commission in compliance with the state law governing same. (Ord. 1391 § 4, 1974; prior code § 2-604)

2.52.040 Qualifications of police officers – Conditions of police service.

All applicants for employment with the police force of the city shall be required to have the qualifications, be subject to examinations, have a tenure in office, and be subject to removal, as provided by the civil service regulations adopted by the commission consistent with Chapter 13, Laws of 1937 of the state of Washington. (Ord. 1391 § 3, 1974; prior code § 2-603)

2.52.050 Benefits eligibility of existing police officers.

All members of the police force of the city as of the adoption of the ordinance codified in this chapter shall be eligible to the benefits accruing under Chapter 13, Laws of 1935 of the state of Washington and this chapter by compliance with the regulations of the commission and upon successfully qualifying for permanent appointment and promotion on merit, efficiency and fitness, which shall be ascertained by such qualifying examination and impartial investigation as the civil service commission may provide. (Ord. 1391 § 5, 1974; prior code § 2-605)

Chapter 2.56
PLANNING COMMISSION*

Sections:

2.56.010 Established – Membership.

2.56.020 Terms.

2.56.030 Residency.

2.56.040 Vacancies – Nonpartisanship – Compensation.

2.56.050 Duties.

2.56.060 Research and fact-finding.

2.56.070 Secretary.

2.56.080 Quorum – Valid action.

2.56.090 Expenditures – Employees.

* Prior ordinance history: Ord. 1608.

2.56.010 Established – Membership.

A. There is created a city planning commission consisting of seven members who shall be selected by the city council pursuant to Chapter 2.08 BMC, as adopted and amended.

B. At the next regular meeting of the planning commission following the effective date of the ordinance codified in this section, the commissioners presently in office shall determine by lot whose terms shall expire in four years, three years, two years, and one year, respectively. Thereafter, the term of office for each appointive member shall be set by BMC 2.56.020. The members of the commission shall determine which member shall serve as chairperson. (Ord. 2025 § 5, 1991; Ord. 2020 § 5, 1991; Ord. 1991 § 1, 1990; Ord. 1650 § 1, 1982; Ord. 999 § 1, 1948; Ord. 987 § 1, 1948; Ord. 985 § 1, 1948; prior code § 2-101)

2.56.020 Terms.

The term of office of the seven members appointed by the city council shall be six years. (Ord. 2025 § 5, 1991; Ord. 2020 § 5, 1991; Ord. 1650 § 1, 1982; Ord. 999 § 1, 1948; prior code § 2-102)

2.56.030 Residency.

Any member appointed to the planning commission shall reside within the city limits for the term of his office. (Ord. 1650 § 1, 1982; Ord. 1530 § 1, 1979; prior code § 2-111)

2.56.040 Vacancies – Nonpartisanship – Compensation.

Vacancies occurring otherwise than through the expiration of terms shall be filled by the mayor with the approval of the council, for inefficiency, neglect of duty or malfeasance in office. The members shall be selected without respect to political affiliations and they shall serve without compensation. (Ord. 1650 § 1, 1982; Ord. 985 § 1, 1948; prior code § 2-103)

2.56.050 Duties.

The planning commission, as required by this chapter, shall:

A. Hold public hearings and make recommendations to the city council on conditional use permit applications;

B. Review all planned unit developments and mobile home park proposals, and make recommendations to the council;

C. Review all proposed amendments to this chapter and make recommendations to the council;

D. Review and decide on shoreline substantial development permit applications and proposed amendments to the shoreline program, as required in the Shoreline Management Master Program. (Ord. 1650 § 1, 1982; Ord. 985 § 2, 1948; prior code § 2-104)

2.56.060 Research and fact-finding.

The planning commission may act as the research and fact-finding agency of the municipality. To that end it may make such surveys, analyses, researches and reports as are generally authorized or requested by the council. (Ord. 1650 § 1, 1982; Ord. 985 § 3, 1948; prior code § 2-105)

2.56.070 Secretary.

The planning commission may designate one of its members to act as secretary without salary or, if requested by the commission, the city manager shall designate a member of the paid staff of the city to serve as such secretary/transcriber. (Ord. 2325 § 1, 1997; Ord. 1650 § 1, 1982; Ord. 985 § 4, 1948; prior code § 2-106)

2.56.080 Quorum – Valid action.

A majority of the membership of the planning commission, not less than four appointed members, shall constitute a quorum for the transaction of business. Any action taken by a majority of those present when a meeting of the planning commission is held shall be deemed and taken as the action of the commission. (Ord. 1650 § 1, 1982; Ord. 985 § 5, 1948; prior code § 2-107)

2.56.090 Expenditures – Employees.

The expenditures of the commission shall be within the amounts appropriated for the commission by the city council. Within such limits the commission may employ such employees and expert consultants as are deemed necessary for its work. (Ord. 1650 § 1, 1982; Ord. 985 § 6, 1948; prior code § 2-108)

Chapter 2.58
HEARING EXAMINER

Sections:

2.58.010 Established.

2.58.020 Blanket amendment.

2.58.030 Purpose.

2.58.040 Salary.

2.58.050 Qualifications.

2.58.060 Appointment and removal.

2.58.070 Duties and powers.

2.58.080 Rules and regulations.

2.58.090 Department reports.

2.58.100 Changes in legislation.

2.58.110 Limited jurisdiction.

2.58.120 Final decision conditions.

2.58.130 Final decision – Findings and conclusions.

2.58.140 Time limitation on decision.

2.58.150 Review limited.

2.58.160 Appeal of hearing examiner decision.

2.58.010 Established.

Effective February 2002, the position of city of Blaine hearing examiner is created. The position shall be appointed as provided for under RCW 36.70.970 by the city council for a two-year term and may be removed at will by the city council. (Ord. 2507 § 2, 2002)

2.58.020 Blanket amendment.

All Blaine Municipal Code designations of “board of adjustment” or “board of appeals” or any variations therein shall be amended to read “hearing examiner.” (Ord. 2507 § 2, 2002)

2.58.030 Purpose.

The purpose for creating a hearing examiner function is:

A. To provide an efficient and effective system for deciding appeals from administrative decisions;

B. To help insure procedural due process and appearance of fairness by holding such hearings before a neutral party, competent in the fields of land use and procedural requirements. (Ord. 2507 § 2, 2002)

2.58.040 Salary.

The hearing examiner shall be compensated on an hourly basis as established by resolution with an allocated budget set annually as part of the budget process. (Ord. 2507 § 2, 2002)

2.58.050 Qualifications.

The hearing examiner and his or her pro tempore shall be appointed solely with regard to their qualifications for the duties of their office, and shall have such training or experience as will qualify them to conduct administration of quasi-judicial hearings on the application of regulatory enactments and to discharge other functions conferred upon them, and shall hold no other appointed or elected public office or position in the city government, except as provided in this chapter. (Ord. 2507 § 2, 2002)

2.58.060 Appointment and removal.

The hearing examiner and one or more pro tem shall be appointed by a majority vote of the city council for a two-year period. The hearing examiner may be removed from office at any time by an affirmative vote of not less than two-thirds of city council members. (Ord. 2507 § 2, 2002)

2.58.070 Duties and powers.

The hearing examiner shall make a final decision upon the following matters:

A. Appeals from any final written orders, requirements, permits, decisions or determinations made by an administrative official in the administration of BMC Titles 8, 12, 13, 15, 16 and 17.

B. Appeals from SEPA determinations of significance, determinations of nonsignificance, and mitigated determinations of nonsignificance. (Ord. 2507 § 2, 2002)

2.58.080 Rules and regulations.

The hearing examiner shall have the power to prescribe rules and regulations for the conduct of hearings before him, subject to approval by the city council, and also to issue summons for and compel the appearance of witnesses, to administer oaths and preserve order. The opportunity of cross-examination of witnesses shall be afforded all interested parties or their counsel in accordance with the rules of the hearing examiner. (Ord. 2507 § 2, 2002)

2.58.090 Department reports.

The hearing examiner may request reports from appropriate staff. (Ord. 2507 § 2, 2002)

2.58.100 Changes in legislation.

The hearing examiner may recommend changes in legislation to the community development department or city council. (Ord. 2507 § 2, 2002)

2.58.110 Limited jurisdiction.

The hearing examiner shall have no jurisdiction over any project that requires a legislative action, such as but not limited to regulatory amendments, regulatory map amendments, a comprehensive plan change, or a shoreline management program amendment. The approval or denial of such projects shall be solely within the discretion of the city council. (Ord. 2507 § 2, 2002)

2.58.120 Final decision conditions.

The hearing examiner’s final decision on all appeals shall either grant or deny the appeal. The hearing examiner may grant the appeal subject to conditions, modifications or restrictions that the hearing examiner finds necessary to make the proposed project compatible with its environment, and to carry out the objectives and goals of the comprehensive plan, the land use code, and other applicable official policies and objectives of the city. Performance bonds or other security, acceptable to the city, may be required to ensure compliance with the conditions, modifications and restrictions. (Ord. 2507 § 2, 2002)

2.58.130 Final decision – Findings and conclusions.

Each final decision of the hearing examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision. (Ord. 2507 § 2, 2002)

2.58.140 Time limitation on decision.

Each final decision of the hearing examiner shall be rendered within 10 days following the conclusion of all testimony and hearings. (Ord. 2507 § 2, 2002)

2.58.150 Review limited.

No final decision of the hearing examiner shall be subject to administrative or quasi-judicial review, except as provided herein. (Ord. 2507 § 2, 2002)

2.58.160 Appeal of hearing examiner decision.

The decision of the hearing examiner shall be final unless appealed to the city council within 21 days of the issuance of the written decision. (Ord. 2507 § 2, 2002)

Chapter 2.60
CITY OFFICE HOURS

Sections:

2.60.010 Five-day week – Saturday closure.

2.60.010 Five-day week – Saturday closure.

As provided by state law, a five-day week shall be enforced for city offices, and such offices shall be closed on Saturday. (Ord. 1043, 1952; prior code § 1-1501)

Chapter 2.61
SMOKING REGULATIONS

Sections:

2.61.010 Smoking regulations.

2.61.020 Violation – Penalty.

2.61.010 Smoking regulations.

Smoking is not permitted in any of the city of Blaine facilities including but not limited to: City Hall, Fire Stations I and II, City Annex (police, community development), public library, wastewater treatment plant, public works facility, community/senior center, and all Blaine vehicles and mobile equipment. (Ord. 2380 § 1, 1998; Ord. 1774 § 1, 1985)

2.61.020 Violation – Penalty.

Any person intentionally violating this section by smoking, removing, defacing, or destroying a sign required by this chapter in the city of Blaine’s facilities and/or vehicles is subject to a civil fine of up to $100.00. Any penalty assessed and recovered in an action brought under this chapter shall be paid to the city of Blaine. (Ord. 2380 § 2, 1998)

Chapter 2.64
OFFICERS’ BONDS*

Sections:

2.64.010 Amounts required of city officials.

* Prior history: Ord. 681; prior code § 1-1001.

2.64.010 Amounts required of city officials.

The bonds of city officials of the city of Blaine are set as follows:

A. City manager: $50,000;

B. City clerk: $10,000;

C. Finance director: $100,000;

D. Deputy finance director: $100,000;

E. Senior accountant: $100,000;

F. Cashier: $50,000;

G. Payroll clerk: $50,000;

H. Billing clerks: $10,000;

I. Court clerk: $10,000;

J. Probation officer: $10,000;

K. Public safety director: $1,000;

L. Police officer(s): $1,000. (Ord. 2310, 1997; Ord. 2241, 1996; Ord. 1648 § 1, 1982)

Chapter 2.68
SALARIES*

Sections:

2.68.010 Councilmembers.

2.68.015 Mayor compensation.

2.68.020 Absences allowed.

2.68.030 Other officials and employees.

* Prior history: Prior code §§ 1-402 and 1-403; Ords. 564, 570, 682, 1369 and 1432.

2.68.010 Councilmembers.

The compensation of the councilmembers of the city of Blaine, to be paid to them as full compensation for the services rendered by them for and on behalf of the city in the performance of their respective duties, is fixed at $150.00 per regular meeting attended. (Ord. 2483, 2001; Ord. 2027 § 1, 1991)

2.68.015 Mayor compensation.*

The compensation of the mayor of the city of Blaine, to be paid to him or her as full compensation for the services rendered by him or her for and on behalf of the city in the performance of his or her respective duties, is fixed at $250.00 per regular meeting attended. (Ord. 2591 § 1, 2004)

* Code reviser’s note: Ordinance 2591 adds these provisions as Section 2.68.020. The section has been editorially renumbered to prevent duplication of numbering.

2.68.020 Absences allowed.

Each councilmember shall be allowed two paid absences per year. (Ord. 2027 § 1, 1991)

2.68.030 Other officials and employees.

The salary of all other officials and employees of the city shall be fixed by the annual budget of the city. (Ord. 2027 § 1, 1991)

Chapter 2.76
FIREMEN’S PENSIONS – VOLUNTEER FIRE DEPARTMENT

Sections:

2.76.010 Entitlement to benefits.

2.76.020 Board of trustees.

2.76.030 Size of volunteer fire department.

2.76.010 Entitlement to benefits.

All firemen, including volunteer and fully paid, if any, shall be entitled to the benefits of the death and disability and pensions and retirement provisions provided under Chapter 41.24 RCW. (Ord. 1654 § 1, 1982; Ord. 936 § 1, 1945; prior code § 3-301)

2.76.020 Board of trustees.

The city manager shall be chairman of the board of trustees and the city clerk shall be the secretary-treasurer of the board of trustees. The secretary shall keep public record of all proceedings, of all receipts and disbursements made by the board of trustees and shall make an annual report of its expenses and disbursements with a full list of the beneficiaries of the fund and such record is to be placed on file in the office of the city clerk. (Ord. 1654 § 2, 1982; Ord. 936 § 2, 1945; prior code § 3-302)

2.76.030 Size of volunteer fire department.

The volunteer fire department personnel of the city shall not at any time exceed 25 firemen for each 1,000 of population or fraction thereof; provided, that at no time shall the members of the fire department be less than 15 firemen. (Ord. 1654 § 3, 1982; Ord. 936 § 3, 1945; prior code § 3-303)

Chapter 2.78
AIRPORT COMMISSION
[Effective Until Official Closure of
Blaine Municipal Airport]

Sections:

2.78.010 Established – Membership and qualification for membership – Method of appointment – Terms of office – Filling vacancies – Chair.

2.78.020 Powers.

2.78.022 Duties.

2.78.030 Meetings.

2.78.040 Quorum – Majority rule.

2.78.050 City power to acquire airport lands.

2.78.060 Budget estimates.

2.78.010 Established – Membership and qualification for membership – Method of appointment – Terms of office – Filling vacancies – Chair.

There is established a board to be known as the Blaine airport commission. There shall be seven members of the commission who are resident taxpayers of the municipality. The term of office shall be six years and shall be staggered so that no more than three terms will expire in the same year. No commissioner shall serve more than two consecutive terms per BMC 2.08.028. The commission members shall be responsible for choosing a chair and vice chair from among their members and shall adopt the Robert’s Rules of Order to be followed for the conduct of their meetings. All commission members shall be appointed by the mayor and approved by the city council. The commission members shall serve without compensation. The commission’s powers shall not exceed those listed in RCW 14.08.120, as adopted and amended. (Ord. 2463 § 1, 2000; Ord. 2419 § 1, 1999; Ord. 2409 § 1, 1999)

2.78.020 Powers.

The commission established in BMC 2.78.010 is granted authority to operate, maintain, equip, improve, enlarge and regulate the Blaine Municipal Airport; provided, that any of the following shall be subject to the approval of the Blaine city council:

A. Policies and regulations adopted by the airport commission.

B. The acquisition and disposal of real property and equipment, including, without limitation, the leasing of airport lands and the rental rates to be charged therefor.

C. The expenditure of any sum of money not included in the annual budget of the airport fund.

D. The submittal of applications for state and federal grants or loans.

E. Any expenditure that would require the borrowing of funds by the airport fund.

F. Any expenditure from the capital reserve of the airport fund.

G. Any enlargement or expansion of the Blaine Municipal Airport. (Ord. 2553 § 1, 2003; Ord. 2409 § 1, 1999)

2.78.022 Duties.

Subject to the limitations in BMC 2.78.020, the duties of the Blaine airport commission, established in BMC 2.78.010, shall be to:

A. Promote and foster the development of the Blaine Municipal Airport for the benefit of the citizens of the city.

B. Advise the Blaine city council on matters of safety and security regarding the Blaine Municipal Airport.

C. Adopt and amend policies and regulations for the operation and use of the Blaine Municipal Airport.

D. Carry out the operation, maintenance, equipping, improvement and enlargement of the Blaine Municipal Airport.

E. Lease and assign to private parties, municipal, state or national governments or departments of any of them, any land, improvement or equipment of the Blaine Municipal Airport.

F. Determine the rental rates or charges for use of any property owned or under the control of the Blaine Municipal Airport and for any services or accommodations provided by the said airport, and terms and conditions under which such property may be used and such services or accommodations may be provided.

G. Secure and enforce any liens as provided by law to enforce payment of any rental rates or charges established under subsection E of this section. (Ord. 2553 § 2, 2003)

2.78.030 Meetings.

The commission shall annually in January elect its own chair and vice chair and create and fill such other offices as it may determine it requires. The commission shall hold at least one meeting per month at a date, time and place set by commission members, during nine calendar months each year. Immediately upon establishing a regular meeting date, time and place, such information shall be forwarded to the city clerk. (Ord. 2409 § 1, 1999)

2.78.040 Quorum – Majority rule.

Four members of the commission shall constitute a quorum for the transaction of business. Any action taken by a majority of those present at any regular or special meeting shall be deemed as the action of the commission. (Ord. 2463 § 2, 2000; Ord. 2409 § 1, 1999)

2.78.050 City power to acquire airport lands.

The city shall have power, by ordinance, to acquire property for airport purposes by gift, bequest, devise, donation, purchase, condemnation or other process, in accordance with law; provided, that any mortgage or other obligation given in payment for land for airport purposes shall not be a personal or general liability against the city, but shall be and remain a liability against the property so acquired only. (Ord. 2409 § 1, 1999)

2.78.060 Budget estimates.

The city manager or his/her designee each year, on or before the last Monday in August, will review with the airport commission an estimate of the amount of revenues and expenses required by the department to carry on its activities for the ensuing year and recommendations for the development of the program and facilities as may be deemed advisable, for the information and guidance of the city council in adopting the budget for the operation and maintenance of the municipal airport and its facility. (Ord. 2409 § 1, 1999)

Chapter 2.80
MUNICIPAL AIRPORT
[Effective Until Official Closure of
Blaine Municipal Airport]

Sections:

Article I. General Provisions and Regulations

2.80.010 Compliance with regulations – Airport defined.

2.80.020 Airport supervisor defined.

2.80.030 Purpose.

2.80.040 When open for use.

2.80.050 Special services and facilities.

2.80.060 Commercial use requires approval.

2.80.070 Nonliability of city.

2.80.080 Posting or distribution of advertising material.

2.80.090 Damaging of property – Unauthorized modification of facilities.

2.80.100 Unauthorized entry.

2.80.110 User compliance responsibility.

2.80.120 Pedestrians and bicycles restricted.

2.80.130 Trespassers.

2.80.140 Vehicle parking.

2.80.150 Trash disposal.

2.80.160 Disposal of waste oil.

2.80.170 Obstruction of runway.

2.80.180 Securing of aircraft.

2.80.195 Accidents.

Article II. Aircraft Operation

2.80.200 FAA rules and regulations – Adopted.

2.80.210 FAA rules and regulations – Compliance.

2.80.220 Reserved.

2.80.230 Intoxication – Alcoholic beverages.

2.80.240 Safe operation – Taxi speed.

2.80.250 Entry onto runway.

2.80.260 Conformance to traffic patterns.

2.80.270 Formation takeoffs.

2.80.280 Turning after takeoff.

2.80.290 Entry to traffic pattern.

2.80.300 Caution on entering or leaving traffic pattern – Eastern orientation of traffic pattern.

2.80.310 Distance between aircraft.

2.80.320 Speed in pattern and approach.

2.80.340 Repairs and maintenance.

2.80.350 Starting and runup of engines.

2.80.360 Engine operation in hangar.

2.80.370 Moving of aircraft upon request.

2.80.380 Accident reporting.

2.80.390 Securing aircraft.

2.80.400 Registration.

2.80.410 Aircraft parking.

2.80.440 Storage hangars – Proper use.

2.80.450 Storage hangars – Closing doors.

2.80.460 Storage hangars – Electrical outlets.

2.80.470 Storage hangars – Spraying of flammable liquids.

2.80.480 Flying clubs.

Article III. Motor Vehicles

2.80.490 Operation on airport.

2.80.500 Safe operation – Speed.

2.80.510 Yielding to aircraft.

2.80.520 Accident reporting.

2.80.530 Parking restrictions.

2.80.540 Parking violations.

Article IV. Fire Prevention

2.80.550 Engine off, aircraft out of hangar during fueling and draining.

2.80.560 Grounding objects during fueling.

2.80.570 Care by fueling personnel.

2.80.580 Smoking and open flames near fueling.

2.80.590 Distance of fueling from buildings.

2.80.600 Electrical equipment during fueling.

2.80.610 Starting aircraft when fuel present.

2.80.620 Draining on floors or paving.

2.80.630 Hangar floor housekeeping – Cleaning solvents.

2.80.640 Litter accumulation.

2.80.650 Degreasing.

2.80.660 Storage of materials.

2.80.670 Smoking.

2.80.680 Clear entry to hangars.

2.80.690 Flammable liquid storage, handling and use.

2.80.700 Standards for protection of persons and property.

Article V. Liens and Penalties

2.80.710 Lien for unpaid charges.

2.80.720 Violation – Penalties.

Article VI. Leases

2.80.800 Leases.

Article I. General Provisions and Regulations

2.80.010 Compliance with regulations – Airport defined.

The rules and regulations set out in this chapter are established and adopted for the use of the Blaine Municipal Airport, referred to in this chapter as the “airport.” All persons using the airport or any facilities thereon in any manner, including the operation of aircraft or motor vehicles, shall obey all applicable rules established or adopted. (Ord. 2079 § 2, 1992)

2.80.020 Airport supervisor defined.

Airport supervisor, as used in this chapter, means the “airport manager” or his authorized representative. (Ord. 2079 § 2, 1992)

2.80.030 Purpose.

The airport shall be conducted as a public air terminal facility for the promotion and accommodation of air commerce, general aviation, parachute and recreational flying activities. (Ord. 2079 § 2, 1992)

2.80.040 When open for use.

The airport shall be open for public use during all reasonable hours of the day and night, subject to such restrictions as are due to inclement weather, condition of the landing area and like causes as may be determined by the airport manager. (Ord. 2079 § 2, 1992)

2.80.050 Special services and facilities.

Special services and events may be rendered or special facilities may be provided on such terms as the airport commission may recommend and as authorized by the city council. (Ord. 2079 § 2, 1992)

2.80.060 Commercial use requires approval.

No person shall use the airport as a base for the carrying on of commercial and business activities; for the carrying for hire of passengers, freight, express or mail; for the instruction in aviation in any of its branches; for the sale of aircraft, except that an individual aircraft owner may, if he is leasing accommodations at the airport, sell his own aircraft, such sales being limited to the sale of two aircraft per calendar year; for the sale of refreshments or any other commodity or service; or for any other commercial purpose unless a lease, permit or license has been granted by the city council. (Ord. 2079 § 2, 1992)

2.80.070 Nonliability of city.

The privilege of using the airport and its facilities shall be conditioned upon the assumption of full responsibility and risk by the user thereof, and he shall release, hold harmless and indemnify the city, members of the city council and the airport commission, city officers and employees from any liability or loss resulting from such use, as well as against claims of third persons so using the airport. The exercise of the privilege of use shall constitute an acknowledgement that the city maintains the airport in a governmental capacity. (Ord. 2079 § 2, 1992)

2.80.080 Posting or distribution of advertising material.

No signs, posters or other advertising material shall be posted or distributed on the airport without prior permission of the airport manager and then only when such posting or distribution is not in conflict with other city ordinances or policies governing such posting, distribution or erection. (Ord. 2079 § 2, 1992)

2.80.090 Damaging of property – Unauthorized modification of facilities.

A. Any person damaging any airport light, fixture or other airport property shall immediately report such damage to the airport manager’s office in writing and shall be fully responsible for any costs required to replace or repair the damaged property.

B. No person shall modify and/or add to or otherwise change the appearance of or structural integrity of airport-owned facilities unless specifically authorized by the city council, in writing, to do so. (Ord. 2079 § 2, 1992)

2.80.100 Unauthorized entry.

No person shall enter unauthorized areas unless permission has been granted by the airport manager. (Ord. 2079 § 2, 1992)

2.80.110 User compliance responsibility.

It is the responsibility of all aircraft owners, operators and users of the airport to become familiar with and adhere to these rules and regulations. Entering onto property under jurisdiction of the airport constitutes “usage.” (Ord. 2079 § 2, 1992)

2.80.120 Pedestrians and bicycles restricted.

Unauthorized pedestrians and bicycles are not permitted on the runways and taxiways. (Ord. 2079 § 2, 1992)

2.80.130 Trespassers.

Unauthorized persons found in areas marked “No Admittance,” “Lessees Only” shall be considered trespassers. Authorized persons only who need access from one side to the other of the runway are permitted on runway. (Ord. 2079 § 2, 1992)

2.80.140 Vehicle parking.

Vehicles must be parked in designated areas. (Ord. 2079 § 2, 1992)

2.80.150 Trash disposal.

Trash must be deposited in proper receptacles. (Ord. 2079 § 2, 1992)

2.80.160 Disposal of waste oil.

Waste oil must be disposed of in compliance with state law. (Ord. 2079 § 2, 1992)

2.80.170 Obstruction of runway.

Landing aircraft shall expedite clearing the runway as rapidly as safety permits. Aircraft making touch-and-go landings shall not unduly restrict other landing aircraft. (Ord. 2079 § 2, 1992)

2.80.180 Securing of aircraft.

It is the responsibility of the owner of aircraft to, at all times, ensure that his/her aircraft remains properly secured. (Ord. 2079 § 2, 1992)

2.80.195 Accidents.

All accidents shall be reported immediately to the airport manager. (Ord. 2079 § 2, 1992)

Article II. Aircraft Operation

2.80.200 FAA rules and regulations – Adopted.

The rules and regulations promulgated by the Federal Aviation Agency and in effect as of the adoption of the ordinance codified in this chapter and all additions or amendments thereto are referred to, adopted and made a part of these regulations as fully in all respects as if particularly set forth herein. (Ord. 2079 § 2, 1922)

2.80.210 FAA rules and regulations – Compliance.

No person shall navigate any aircraft over, land upon or take off from, or service, repair or maintain any aircraft on the airport, or conduct any operation on or from the airport, otherwise than in conformity with this chapter and the rules and regulations of the Federal Aviation Agency. (Ord. 2079 § 2, 1992)

2.80.220 Reserved.

2.80.230 Intoxication – Alcoholic beverages.

No person shall operate or assist in the operation of any aircraft while under the influence of, or affected by, the use of any intoxicating liquor, narcotic or habit-forming drug. Pursuant to state law, no alcoholic beverage may be consumed on the airport property unless the city council has approved and designated a place for the sale and consumption thereof. (Ord. 2079 § 2, 1992)

2.80.240 Safe operation – Taxi speed.

No person shall taxi any aircraft unless there will be no danger of collision with any person or object. All aircraft shall be taxied at a safe and reasonable speed commensurate with safe operation in relation to existing conditions and with due regard for other aircraft, persons and property. Aircraft shall not be taxied in excess of 15 miles per hour in building and parking areas and on-ramps. (Ord. 2079 § 2, 1992)

2.80.250 Entry onto runway.

Aircraft approaching the runway for takeoff or crossing purposes shall be stopped at least 88 feet from the centerline of the runway in use and shall not be taxied onto the runway without the pilot first making a visual check for air traffic. (Ord. 2079 § 2, 1992)

2.80.260 Conformance to traffic patterns.

All aircraft, except in an emergency, shall conform to the established traffic patterns as published and posted at the airport. (Ord. 2079 § 2, 1992)

2.80.270 Formation takeoffs.

Formation takeoffs are prohibited, except in the case of a bona fide special event authorized by the city council in writing. (Ord. 2079 § 2, 1992)

2.80.280 Turning after takeoff.

After takeoff, no turn shall be made until the airport boundary has been reached and the aircraft has obtained an altitude of at least 470 feet above sea level and the pilot of the aircraft has determined that such a turn can be made safely. (Ord. 2079 § 2, 1992)

2.80.290 Entry to traffic pattern.

The established traffic pattern is as published and as posted at the airport. While in U.S. Air Space, aircraft shall enter the traffic pattern at an altitude of 970 feet above sea level from straight and level flights as indicated by the traffic pattern map. Helicopters shall enter it and maintain a normal traffic pattern. (Ord. 2143 § 1, 1994; Ord. 2079 § 2, 1992)

2.80.300 Caution on entering or leaving traffic pattern – Eastern orientation of traffic pattern.

Aircraft entering or leaving the traffic pattern shall exercise extreme caution and shall not cause other aircraft in the pattern to deviate from their course. The traffic pattern of the airport must always be to the east. (Ord. 2079 § 2, 1992)

2.80.310 Distance between aircraft.

Safe distances shall be maintained between aircraft in the traffic pattern and there shall be no passing or cutting in front of the other aircraft in the pattern. (Ord. 2079 § 2, 1992)

2.80.320 Speed in pattern and approach.

Aircraft in the pattern and on final approach shall maintain a speed commensurate with the aircraft’s characteristics. Pilots shall avoid long, flat final approaches at minimum airspeeds. (Ord. 2079 § 2, 1992)

2.80.340 Repairs and maintenance.

No aircraft shall be permitted to remain on any part of the taxiway, landing or takeoff area for the purpose of repairs, and all repairs shall be effected at places designated therefor. Only minor preventative maintenance authorized by the Federal Aviation Regulations is to be performed in areas other than authorized maintenance shops. Experimental aircraft shall be subject to the same rule concerning repairs as if they were certified aircraft. (Ord. 2079 § 2, 1992)

2.80.350 Starting and runup of engines.

An aircraft engine shall not be started unless a competent operator is at the controls and adequate brakes are fully set or the wheels are set with blocks. Aircraft engines may only be runup after it is determined that propwash will not endanger other aircraft, property or persons. (Ord. 2079 § 2, 1992)

2.80.360 Engine operation in hangar.

No aircraft shall be taxied into or out of a hangar. Aircraft engines shall not be operated within hangars, but may be electrically cranked during servicing operations. (Ord. 2079 § 2, 1992)

2.80.370 Moving of aircraft upon request.

Upon direction of the airport manager, the operator, owner or pilot of any aircraft on the airport shall move the aircraft to any place designated on the airport; if the operator, owner or pilot refuses to comply with the directions, the airport manager may have the aircraft moved to such place at the owner’s expense and without liability for damage that may result from such moving. (Ord. 2079 § 2, 1992)

2.80.380 Accident reporting.

Accidents of any nature occurring on the airport shall be reported as soon as practicable to the airport manager, in writing, along with the names and addresses of persons involved and witnesses. (Ord. 2079 § 2, 1992)

2.80.390 Securing aircraft.

No aircraft shall be left unattended unless properly secured. The airport manager may secure the aircraft at the owner’s expense and without liability for damage that may occur from such securing. (Ord. 2079 § 2, 1992)

2.80.400 Registration.

Any person electing to base his aircraft on the airport shall register the aircraft with the airport manager or with whomever in the employment of the city that the airport manager designates. Change of ownership or removal of the aircraft from the airport shall not relieve the registered owner from payment of applicable fees unless 30 days’ prior written notice is given. (Ord. 2079 § 2, 1992)

2.80.410 Aircraft parking.

Privately owned aircraft shall be parked only in designated storage areas assigned them by the airport manager, and owners shall pay a fee for parking based upon the fee schedule adopted by the city council. (Ord. 2079 § 2, 1992)

2.80.440 Storage hangars – Proper use.

Aircraft storage hangars are for the sole purpose of storing aircraft and aircraft related items. No other item may be stored within them except as per BMC 2.80.530. (Ord. 2079 § 2, 1992)

2.80.450 Storage hangars – Closing doors.

Storage hangar doors are to be closed when the lessee or the lessee’s aircraft are not within the structure, except for very limited short time periods. (Ord. 2079 § 2, 1992)

2.80.460 Storage hangars – Electrical outlets.

All unattended electrical devices must be protected by ground fault interrupters. Heating devices may not be left in airplanes unattended. (Ord. 2079 § 2, 1992)

2.80.470 Storage hangars – Spraying of flammable liquids.

No flammable liquid shall be sprayed within a storage hangar, including, but not limited to, paint or other combustibles. (Ord. 2079 § 2, 1992)

2.80.480 Flying clubs.

Flying clubs must provide the airport manager with a current listing of all members. (Ord. 2079 § 2, 1992)

Article III. Motor Vehicles

2.80.490 Operation on airport.

Unless authorized by the airport manager, no highway vehicle or bicycle shall be operated on the airport except on roadways, parking areas or places that are designated for such vehicles. (Ord. 2079 § 2, 1992)

2.80.500 Safe operation – Speed.

No person shall operate any vehicle in a careless or negligent manner or in disregard for the safety of others or in excess of posted speed traffic signs, and in no event in excess of 25 miles per hour. (Ord. 2079 § 2, 1992)

2.80.510 Yielding to aircraft.

Vehicles, bicycles or pedestrians shall always yield the right-of-way to aircraft on the ground or in the process of landing or taking off. (Ord. 2079 § 2, 1992)

2.80.520 Accident reporting.

Any accident involving motor vehicles on the airport shall be reported immediately to the airport manager. This shall not be taken to mean that the normal requirement to report accidents to the city police department is waived, but is in addition to that requirement. (Ord. 2079 § 2, 1992)

2.80.530 Parking restrictions.

Vehicles shall only be parked in a manner and areas so designated for such purpose, with the reservation that any and all such vehicles would be under the control of the airport manager, and the vehicles parked therein shall be so parked at the owner’s risk. The city accepts no liability for loss thereof or damage thereto, etc. Locked vehicles parked in storage hangars must be parked with the gear selector level in neutral, with the brakes released and one wheel adequately chocked. (Ord. 2079 § 2, 1992)

2.80.540 Parking violations.

Illegally parked vehicles may be issued parking violation citations, moved to designated parking areas, impounded, or any combination of the above three provisions. A charge for such towing will be levied, and the airport shall not assume any liability for damage incidental to the enforcement. (Ord. 2079 § 2, 1992)

Article IV. Fire Prevention

2.80.550 Engine off, aircraft out of hangar during fueling and draining.

No aircraft shall be fueled or drained while the engine is running or while the aircraft is in a hangar. (Ord. 2079 § 2, 1992)

2.80.560 Grounding objects during fueling.

During all fuel operations, the aircraft and appurtenances used in fueling shall be grounded by an approved method. (Ord. 2079 § 2, 1992)

2.80.570 Care by fueling personnel.

Personnel engaged in fueling operations shall exercise care to prevent the overflow of fuel or other damage to aircraft. (Ord. 2079 § 2, 1992)

2.80.580 Smoking and open flames near fueling.

Smoking or the lighting of any open flame shall be prohibited within 50 feet of any fuel operation. (Ord. 2079 § 2, 1992)

2.80.590 Distance of fueling from buildings.

Any new fuel facility shall be constructed so that any fueling operations shall be conducted at least 50 feet from any hangar or building. (Ord. 2079 § 2, 1992)

2.80.600 Electrical equipment during fueling.

No electrical or radio equipment shall be operated during fueling operations, and master switches and magneto switches shall be in the off position. (Ord. 2079 § 2, 1992)

2.80.610 Starting aircraft when fuel present.

No aircraft shall be started when there is fuel on the ground, under or near the aircraft. (Ord. 2079 § 2, 1992)

2.80.620 Draining on floors or paving.

No person shall drain or cause to be drained aircraft sumps on hangar floors or on asphalt paved areas. (Ord. 2079 § 2, 1992)

2.80.630 Hangar floor housekeeping – Cleaning solvents.

Hangar floors shall be kept clean and free from oil, and no flammable solvent shall be used for cleaning purposes in shops, hangars or other buildings. (Ord. 2079 § 2, 1992)

2.80.640 Litter accumulation.

No boxes, crates, rubbish, paper or other litter shall be permitted to accumulate on the airport or in any hangar or other building and all oil, paint, dope and varnish containers shall be removed from hangars immediately upon being emptied. (Ord. 2079 § 2, 1992)

2.80.650 Degreasing.

Degreasing of aircraft and/or aircraft engines shall be permitted only in maintenance shops, or in areas so designated. Degreasing shall not be done by the spraying of a flammable liquid. (Ord. 2079 § 2, 1992)

2.80.660 Storage of materials.

No material of any nature shall be stored in such a manner as to constitute a fire hazard. (Ord. 2079 § 2, 1992)

2.80.670 Smoking.

Smoking shall not be permitted in any hangars where it is hazardous to do so, or where no-smoking signs are posted. Smoking is prohibited in city facilities. (Ord. 2079 § 2, 1992)

2.80.680 Clear entry to hangars.

Hangar entrances shall be kept sufficiently clear to permit ready access to buildings to combat fires. (Ord. 2079 § 2, 1992)

2.80.690 Flammable liquid storage, handling and use.

The storage, handling and use of all flammable liquids shall be as per the fire code of the city. (Ord. 2079 § 2, 1992)

2.80.700 Standards for protection of persons and property.

Whenever the provisions of this chapter, city ordinances, state and federal laws are not applicable for any reason to any situation involving the protection of persons and property from the hazards of fire and explosions, the materials, methods of construction, installation, practices or operation necessary to provide such protection shall be in accordance with nationally recognized and accepted standards. (Ord. 2079 § 2, 1992)

Article V. Liens and Penalties

2.80.710 Lien for unpaid charges.

The city shall have a lien on any aircraft from the date of the ordinance codified in this chapter for any unpaid charges until they are fully paid, and the city may retain possession of the aircraft pending enforcement of the lien or payment of the fees and costs incidental to the impoundment. (Ord. 2079 § 2, 1992)

2.80.720 Violation – Penalties.

In addition to the penalties provided for elsewhere in this chapter, anyone who violates or fails, to comply with any provision of this chapter shall, upon conviction thereof, be punished by a fine in any sum not exceeding $500.00 or by imprisonment for a term not exceeding six months or by both such fine and imprisonment. A violation of any of the rules or regulations set forth in this chapter shall be deemed sufficient cause for the airport manager to deny or prohibit access to or use of the airport by the responsible person. (Ord. 2079 § 2, 1992)

Article VI. Leases

2.80.800 Leases.

The city may lease airport property. The airport commission shall negotiate all leases with final approval vested with the city council. (Ord. 2079 § 2, 1992)

Chapter 2.84
CEMETERY

Sections:

2.84.010 Custodian – Position established – Duties.

2.84.020 Repealed.

2.84.010 Custodian – Position established – Duties.

The city clerk/designee is the custodian for the care of titles to graves and the sale and conveyance of lots in the Blaine City Cemetery. (Ord. 2326 § 1, 1997; Ord. 1197 § 1, 1963; prior code § 9-702)

2.84.020 Sexton – Compensation – Emoluments.

Repealed by Ord. 2326. (Ord. 1197 § 2, 1963; prior code § 9-702)

Chapter 2.86
MUNICIPAL COURT*

Sections:

2.86.010 Established – Jurisdiction.

2.86.020 Qualifications.

2.86.030 Term, appointment and removal.

2.86.040 Judges pro tempore, judicial vacancies and additional judges.

2.86.050 Salaries.

2.86.060 Municipal court facilities – Alternate locations – Hours of court.

2.86.070 Indemnification.

2.86.080 Administration.

* Prior ordinance history: Ord. 1725.

2.86.010 Established – Jurisdiction.

A court is now established in Blaine which shall be known as “the municipal court of Blaine” hereinafter designated and referred to as “the municipal court,” which court shall have jurisdiction and shall exercise all powers granted by RCW 3.50.010 et seq., as it now exists or may be hereafter amended, and vested in this court, together with such other powers and jurisdiction as are generally conferred upon such court in this state either by common law or by express statute. (Ord. 2509 § 1, 2002; Ord. 1836 § 1, 1987)

2.86.020 Qualifications.

Judges in the Blaine municipal court shall be licensed to practice law in the state of Washington and shall be citizens of the United States and Whatcom County. Judges appointed and confirmed shall take their appointment effective upon their taking their oath of office before the city council as administered by the city manager, the mayor or city clerk pursuant to RCW 3.50.097. Upon taking and executing the oath, the oath shall be filed with the Whatcom County auditor. (Ord. 2509 § 2, 2002; Ord. 2113 § 1, 1993)

2.86.030 Term, appointment and removal.

A. The term of office shall be four years. The municipal judge(s) holding office on the effective date of the ordinance codified in this chapter shall continue to hold office until expiration of his/her/their term(s) on January 1, 2006. The term of a successor(s) shall commence on January 1, 2006, and on January 1st of each fourth year thereafter, pursuant to appointment as provided below. Upon the expiration of his or her term, a municipal judge’s appointment shall not be automatically extended or renewed, unless said judge is reappointed.

B. The municipal judge(s) shall be appointed by the city manager subject to confirmation by the city council. The appointment shall be made on or before December 1st of each year next preceding the year in which the term(s) commences.

C. A municipal judge shall only be removed by a majority vote of the city council, and only upon a conviction of misconduct or malfeasance in office, or because of physical or mental disability rendering the judge incapable of performing the duties of the office upon a determination by the city manager and confirmed by the majority vote of the city council that such a disability exists. Any such vacancy shall be filled according to the terms of this chapter for the remainder of the unexpired term. (Ord. 2509 § 3, 2002)

2.86.040 Judges pro tempore, judicial vacancies and additional judges.

A. Any vacancy in the office of municipal judge due to death, disability, resignation or removal shall be filled by appointment by the city manager for the remainder of the unexpired term, with the appointment being subject to confirmation by the city council. The replacement judge shall be qualified to hold the position of municipal judge as provided in this chapter.

B. The city manager upon confirmation by the city council may designate in writing judges pro tem who shall act in the absence or disability of the regular judge or judges, or subsequent to the filing of an affidavit of prejudice. Judges pro tem shall not be subject to confirmation by the majority of the city council. A judge pro tem shall be qualified to hold the position of judge of the municipal court as provided in this chapter except that judges pro tem need not be residents of Whatcom County. The term of appointment for a judge pro tem shall be specified in writing, but in any event shall not extend beyond the term of the municipal court judge for whom he or she is substituting.

C. The city manager may appoint in writing one or more additional judge(s) whenever the public interest and the administration of justice so require. Additional judges appointed pursuant to this chapter may serve either as part-time or full-time judges as shall be designated by the city manager at the time of appointment. The appointment of additional judges shall be subject to confirmation by the majority of the city council. Additional judges shall be qualified to hold the position of municipal judge as is provided in this chapter. The term of an additional judge shall be specified by the city manager in writing, but in any event shall not exceed the remaining term of the regularly appointed judges with whom the additional judge serves. (Ord. 2509 § 3, 2002)

2.86.050 Salaries.

Salaries of the municipal court judge, judges pro tem and additional judges shall be fixed by ordinance. (Ord. 2509 § 3, 2002)

2.86.060 Municipal court facilities – Alternate locations – Hours of court.

The municipal court for the city of Blaine shall be held in the city council chambers, unless held in other locations as determined necessary by the municipal court judge and/or the city manager. Arraignments, other court hearings and trials may from time to time be held in other locations, such as the Whatcom County Jail, as determined by the municipal court judge to be necessary. The hours of the court shall be determined by the municipal court judge after consultation with and upon approval of the city manager. Either the city manager or the municipal court judge may change the time of the municipal court as determined to be necessary. (Ord. 2509 § 3, 2002)

2.86.070 Indemnification.

The city shall defend, indemnify and hold the municipal court judge, and all other city of Blaine judges pro tem and additional judges harmless from any and all claims arising out of the good faith performance of his/her duties and functions as the Blaine municipal court judge. (Ord. 2509 § 3, 2002)

2.86.080 Administration.

The municipal court judge and all other city of Blaine judges pro tem and additional judges shall report to the city manager. (Ord. 2509 § 3, 2002)

Chapter 2.90
SENIOR/COMMUNITY CENTER

(Repealed by Ord. 2258)

Chapter 2.94
PERSONNEL RULES AND POLICIES

Sections:

Article I. General Provisions

2.94.010 Purpose.

2.94.020 Applicability and authority.

Article II. Definitions

2.94.030 Exempt employee.

2.94.040 Nonexempt employee.

2.94.050 Regular employee (full-time).

2.94.060 Regular employee (part-time).

2.94.070 Temporary employee.

2.94.080 Special hourly employee.

Article III. Political Activities

2.94.090 Political activities.

Article IV. Conflict of Interest and Code of Ethics

2.94.100 Standards established for employees.

Article V. Prohibition of Employee Harassment

2.94.110 Prohibited acts.

2.94.120 Discrimination complaint procedure.

2.94.130 Employment of relatives.

Article VI. Salary Administration

2.94.140 Overtime and call out.

2.94.150 General salary practices.

Article VII. Employee Benefits and Time Off

2.94.160 Applicability.

2.94.170 Annual vacation.

2.94.180 Holidays.

2.94.190 Sick leave.

2.94.200 Coordination of sick leave with time loss payments.

2.94.210 Family leave.

2.94.220 Other leaves.

2.94.230 Social security.

2.94.240 Group insurance.

2.94.250 Pensions.

Article VIII. Employee Conduct and Dispute Resolution

2.94.260 Guidelines for appropriate conduct.

2.94.270 Corrective action procedure.

2.94.280 Complaint resolution procedure.

Article IX. Separation from Employment

2.94.290 Resignation in good standing.

2.94.300 Resignation not in good standing.

2.94.310 Discharge.

2.94.320 Layoff (reduction in force).

Article I. General Provisions

2.94.010 Purpose.

The intent of these policies is to accomplish the following:

A. To facilitate efficient and effective service to the public through the establishment of a uniform set of personnel policies for the employees of the city;

B. To promote open communication between managers, supervisors and employees;

C. To ensure that the city and the employees are in compliance with local, state and federal laws relevant to employment;

D. To ensure that employee selection, placement and treatment are based upon the individual’s qualifications and fitness for the position in which employed. (Ord. 2141 § 1.00, 1994)

2.94.020 Applicability and authority.

A. This chapter is applicable to all employees of the city except the city manager, who serves at the will of the city council. In cases where these policies are in conflict with local, state or federal law, the provisions of local, state or federal law will govern. Also, in the event of conflict between any provision of this chapter and any provision of a valid and effective collective bargaining contract or in cases where the application of these policies would conflict with police or fire civil service rules and regulations, the provisions of the labor contract and/or the civil service rules shall govern. In all other cases these policies shall apply. This chapter is not intended to be a contract, express or implied, or as a guarantee of employment for any specific duration.

B. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter will not be affected.

C. Authority to take personnel actions are vested in the city manager or his/her designee. This shall include but not be limited to hiring, upgrading, downgrading, evaluating, reclassifying and separating employees. In addition, the city manager or his/her designee shall serve as the coordinator for personnel actions of all departments. It is the policy of the city to delegate responsibility for personnel actions to immediate supervisors; however, coordination of all such actions through the city manager or his/her designee is required. (Ord. 2141 § 2.00, 1994)

Article II. Definitions

2.94.030 Exempt employee.

“Exempt employee” means an employee who acts in a bona fide executive, administrative or professional capacity as defined under the Fair Labor Standards Act (FLSA) or applicable state law. These employees are not entitled to receive overtime for hours worked in excess of 40 hours in a week. An exempt employee will not have deductions taken (either in pay or reductions to accumulated paid leave balances) for absences of less than a day in conformance with the FLSA. Unless deemed otherwise by the appropriate state or federal agency, the following positions shall be considered as exempt:

City Engineer Light Department Manager

Public Works Director Finance Director

Water/Sewer Manager Street Manager

Senior Accountant Fire Chief

Fire Marshall Police Captains

Police Chief Senior Planner

City Clerk Community Development Director

The city manager may, during the course of creating new positions or reorganizing city operations define other positions that would expand or reduce the list above in accordance