Title 1
GENERAL PROVISIONS

Chapters:

1.01 Code Adoption

1.04 General Provisions

1.08 City Classification

1.12 City Seal

1.16 Official Newspapers

1.20 Precincts

1.24 General Penalty

1.28 Disposal of Surplus Real and Personal Property of the City

Chapter 1.01
CODE ADOPTION

Sections:

1.01.010 Adoption.

1.01.020 Title – Citation – Reference.

1.01.030 Codification authority.

1.01.040 Ordinances passed prior to adoption of the code.

1.01.050 Reference applies to all amendments.

1.01.060 Title, chapter and section headings.

1.01.070 Reference to specific ordinances.

1.01.080 Effect of code on past actions and obligations.

1.01.090 Effective date.

1.01.100 Constitutionality.

1.01.010 Adoption.

Pursuant to the provisions of RCW 35.21.500 through 35.21.570, there is adopted the “Fife Municipal Code”, as compiled, edited and published by Book Publishing Company, Seattle, Washington. (Ord. 604 § 1, 1981).

1.01.020 Title – Citation – Reference.

This code shall be known as the “Fife Municipal Code” and it shall be sufficient to refer to said code as the “municipal code” in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the “Fife Municipal Code”. Further reference may be had to the titles, chapters, sections and subsections of the “Fife Municipal Code” and such references shall apply to that numbered title, chapter, section or subsection as it appears in the code. (Ord. 604 § 2, 1981).

1.01.030 Codification authority.

This code consists of all the regulatory and penal ordinances and certain of the administrative ordinances of the city of Fife, Washington, codified pursuant to the provisions of RCW 35.21.500 through 35.21.570. (Ord. 604 § 3, 1981).

1.01.040 Ordinances passed prior to adoption of the code.

The last ordinance included in the initial code is Ordinance No. 555, passed April 22, 1980. The following ordinances, passed subsequent to Ordinance No. 555, but prior to adoption of this code, are adopted and made a part of this code: Ordinance No. 556 through Ordinance No. 603. (Ord. 604 § 4, 1981).

1.01.050 Reference applies to all amendments.

Whenever a reference is made to this code as the “Fife Municipal Code” or to any portion thereof, or to any ordinance of the city of Fife, Washington, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made. (Ord. 604 § 5, 1981).

1.01.060 Title, chapter and section headings.

Title, chapter and section headings contained in this code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section of this code. (Ord. 604 § 6, 1981).

1.01.070 Reference to specific ordinances.

The provisions of this code shall not in any manner affect matters of record which refer to, or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included within the code, but such reference shall be construed to apply to the corresponding provisions contained within this code. (Ord. 604 § 7, 1981).

1.01.080 Effect of code on past actions and obligations.

Neither the adoption of this code nor the repeal or amendment hereby of any ordinance or part or portion of any ordinance of the city shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license, fee, or penalty as said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee, or penalty, or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. (Ord. 604 § 8, 1981).

1.01.090 Effective date.

The “Fife Municipal Code” shall become effective on the effective date of the ordinance codified in this chapter. (Ord. 604 § 9, 1981).

1.01.100 Constitutionality.

If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The council declares that it would have passed this code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. (Ord. 604 § 10, 1981).

Chapter 1.04
GENERAL PROVISIONS

Sections:

1.04.010 Definitions.

1.04.015 Complete application.

1.04.020 Title of office.

1.04.025 Change in form of government.

1.04.030 Interpretation of language.

1.04.040 Grammatical interpretation.

1.04.050 Acts by agents.

1.04.060 Prohibited acts include causing and permitting.

1.04.070 Computation of time.

1.04.080 Construction.

1.04.090 Repeal shall not revive any ordinances.

1.04.010 Definitions.

The following words and phrases, whenever used in the ordinances of the city of Fife, Washington, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:

A. “City” or “town” each mean the city of Fife, Washington, or the area within the territorial limits of the city of Fife, Washington, and such territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.

B. “Council” means the city council of the city of Fife. “All its members” or “all councilmen” means the total number of councilmen holding office.

C. “County” means the county of Pierce.

D. “Law” denotes applicable federal law, the Constitution and statutes of the state of Washington, the ordinances of the city of Fife, and, when appropriate, any and all rules and regulations which may be promulgated thereunder.

E. “May” is permissive.

F. “Month” means a calendar month.

G. “Must” and “shall” are each mandatory.

H. “Oath” includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.”

I. “Owner,” applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, of the whole or a part of such building or land.

J. “Person” includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.

K. “Personal property” includes money, goods, chattels, things in action and evidences of debt.

L. “Preceding” and “following” mean next before and next after, respectively.

M. “Property” includes real and personal property.

N. “Real property” includes lands, tenements and hereditaments.

O. “Sidewalk” means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

P. “State” means the state of Washington.

Q. “Street” includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.

R. “Tenant” and “occupant,” applied to a building or land, include any person who occupies the whole or a part of such building or land, whether alone or with others.

S. “Written” includes printed, typewritten, mimeographed, multigraphed, or otherwise reproduced in permanent visible form.

T. “Year” means a calendar year. (Ord. 544 § 1, 1980).

1.04.015 Complete application.

An applicant for any approval required from the city must submit a complete application. No application shall be deemed accepted by the city unless it is complete. An application shall be deemed complete only when all of the following are submitted:

A. A SEPA checklist, if required, that contains all information required by the checklist in sufficient detail to provide the responsible official with enough information to make a threshold environmental determination;

B. An application form(s) with all requested information provided and signed by the applicant. If the application involves a use of land, other than for a business license, then the application must also be signed by the property owner;

C. Payment of all applicable fees;

D. Any information required by the city code that is applicable to the permit/approval that is being requested. (Ord. 1169 § 1, 1994).

1.04.020 Title of office.

Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the city. (Ord. 544 § 2, 1980).

1.04.025 Change in form of government.

If there is any reference in the Fife Municipal Code to the city administrator, the duties and responsibilities reflected in that section shall be performed by the city manager. (Ord. 1398 § 1, 2000).

1.04.030 Interpretation of language.

All words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. (Ord. 544 § 3, 1980).

1.04.040 Grammatical interpretation.

The following grammatical rules shall apply in the ordinances of the city unless it is apparent from the context that a different construction is intended:

A. Gender. Each gender includes the masculine, feminine and neuter genders.

B. Singular and Plural. The singular number includes the plural and the plural includes the singular.

C. Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable. (Ord. 544 § 4, 1980).

1.04.050 Acts by agents.

When an act is required by an ordinance, the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed to include all such acts performed by an authorized agent. (Ord. 544 § 5, 1980).

1.04.060 Prohibited acts include causing and permitting.

Whenever in the ordinances of the city any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission. (Ord. 544 § 6, 1980).

1.04.070 Computation of time.

Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded. (Ord. 544 § 7, 1980).

1.04.080 Construction.

The provisions of the ordinances of the city, and all proceedings under them, are to be construed with a view to effect their objects and to promote justice. (Ord. 544 § 8, 1980).

1.04.090 Repeal shall not revive any ordinances.

The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed thereby. (Ord. 544 § 9, 1980).

Chapter 1.08
CITY CLASSIFICATION

Sections:

1.08.010 Adoption.

1.08.010 Adoption.

Notwithstanding anything contained in this code to the contrary, effective November 12, 1999, the city adopts the classification of a noncharter code city operating under the council-manager form of government as set forth in Chapter 35A.13 RCW, endowed with all the applicable rights, powers, privileges, duties and obligations of noncharter code cities as set forth in RCW Title 35A as the same now exists, including, but not by way of limitation, those set forth in Chapter 35A.11 RCW, and further including any and all supplements, amendments or other modifications of said title hereafter at any time enacted. (Ord. 1398 § 2, 2000; Ord. 228 § 1, 1970).

Chapter 1.12
CITY SEAL

Sections:

1.12.010 Designated.

1.12.010 Designated.

The following form of official seal is adopted as the official seal for the city:

(Ord. 262 § 1, 1971).

Chapter 1.16
OFFICIAL NEWSPAPERS

Sections:

1.16.010 Documents publication.

1.16.020 Public posting of ordinances.

1.16.010 Documents publication.

All ordinances approved, passed and enacted by the city council, all public notices and all legal notices shall be published in the Tacoma News Tribune, which newspaper is hereby designated as the official newspaper of the city. (Ord. 1363 § 2, 1999; Ord. 804 § 1, 1985; Ord. 651 § 1, 1982; Ord. 61 § 1, 1959; Ord. 1 § 1, 1957).

1.16.020 Public posting of ordinances.

Repealed by Ord. 804. (Ord. 1 § 2, 1957).

Chapter 1.20
PRECINCTS

Sections:

1.20.010 Boundaries.

1.20.010 Boundaries.

The city is divided into three precincts for general and special elections, the boundaries of which are as follows:

A. Precinct No. 1. All property within the corporate limits of the city of Fife lying north of Pacific Highway East (Old U.S. Highway 99).

B. Precinct No. 2. All property within the corporate limits of the city of Fife lying south of Pacific Highway East (Old U.S. Highway 99), and west of 54th Avenue East.

C. Precinct No. 3. All property within the corporate limits lying south of Pacific Highway East (Old U.S. Highway 99), and east of 54th Avenue East, including the property annexed to the city of Fife by Ordinance No. 430, approved July 26, 1977, as set forth in Exhibit A which is attached to the ordinance codified in this section and made a part hereof. (Ord. 434 § 1, 1977; Ord. 170 § 1, 1966).

Chapter 1.24
GENERAL PENALTY

Sections:

1.24.010 Designated – Separate offense.

1.24.020 Crime prevention assessments.

1.24.030 Civil infractions.

1.24.040 Civil infractions – Monetary penalties – Restitution.

1.24.010 Designated – Separate offense.

A. Unless otherwise provided, any person violating any of the provisions or failing to comply with any of the mandatory requirements of any ordinance of the city is guilty of a misdemeanor. Except in cases where a different punishment is prescribed by any ordinance of the city, or is set forth in sections of the Revised Code of Washington which have been adopted by reference by the city, any person convicted of a misdemeanor or gross misdemeanor under the ordinances of the city shall be punished by a fine not to exceed $500.00 or by imprisonment for any term not exceeding six months, or by both such fine and imprisonment.

B. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the city is committed, continued or permitted by any such person, and he is punishable accordingly. (Ord. 1513-03 § 1, 2003; Ord. 842 § 1, 1986; Ord. 640 § 1, 1982; Ord. 545 § 1, 1980).

1.24.020 Crime prevention assessments.

A. There shall be imposed as part of the sentence in any case in which a defendant is convicted in the Fife municipal court of a misdemeanor or gross misdemeanor, a nonsuspendable crime prevention assessment in the amount of $50.00 in addition to any other penalty or assessment prescribed by the court. The judge may provide for community service to be performed in lieu of the mandatory assessment if the defendant established by clear and convincing evidence that he/she is indigent.

B. For purposes of subsection (A) of this section a conviction shall mean a deferred prosecution, deferred sentence, or guilty finding.

C. Any moneys collected by the court pursuant to the terms of this section shall be deposited into the crime prevention fund maintained by the city clerk-treasurer and said moneys shall only be used to further crime prevention activities by the Fife police department. (Ord. 1282 §§ 1, 2, 3, 1997; Ord. 1248 §§ 1, 2, 1996).

1.24.030 Civil infractions.

All violations designated by city ordinance as civil infractions shall be issued and processed in accordance with Chapter 7.80 RCW as currently enacted or as hereinafter amended, which is incorporated herein by reference. The city of Fife municipal court shall have jurisdiction over all civil infractions. Each day during which a violation occurs or exists shall be deemed a separate civil infraction. (Ord. 1513-03 § 2, 2003).

1.24.040 Civil infractions – Monetary penalties – Restitution.

A. A person found to have committed a civil infraction shall be assessed a monetary penalty.

1. The maximum penalty and the default amount for a class 1 civil infraction shall be $250.00, not including statutory assessments;

2. The maximum penalty and the default amount for a class 2 civil infraction shall be $125.00, not including statutory assessments;

3. The maximum penalty and the default amount for a class 3 civil infraction shall be $50.00, not including statutory assessments; and

4. The maximum penalty and the default amount for a class 4 civil infraction shall be $25.00, not including statutory assessments.

B. Whenever a monetary penalty is imposed by a court under this chapter it is immediately payable. If the person is unable to pay at that time the court may grant an extension of the period in which the penalty may be paid. If the penalty is not paid on or before the time established for payment, the court may proceed to collect the penalty in the same manner as other civil judgments and may notify the prosecuting authority of the failure to pay.

C. The court may also order a person found to have committed a civil infraction to make restitution.

D. Payment of a monetary penalty, restitution, or performance of required community service shall not relieve a person of the duty to correct the violation. (Ord. 1513-03 § 3, 2003).

Chapter 1.28
DISPOSAL OF SURPLUS REAL AND PERSONAL PROPERTY OF THE CITY

Sections:

1.28.010 Authority to sell real property.

1.28.020 Real property – Minimum price.

1.28.030 Real property – Competitive bidding required – Exceptions.

1.28.040 Real property – Advertising and posting.

1.28.050 Real property – Advertising requirements.

1.28.060 Real property – Consideration of bids.

1.28.065 Real property – Procedure for sale of substandard parcel.

1.28.070 Personal property – Sale authority.

1.28.075 Personal property – Method of disposition.

1.28.080 Trade-in of personal property.

1.28.090 Repealed.

1.28.100 Repealed.

1.28.110 Personal property – Advertising for bids.

1.28.115 Personal property – Notice requirements for public auction.

1.28.120 Repealed.

1.28.130 Personal property – Consideration of bids.

1.28.140 Personal property – Cash sales required – Exceptions.

1.28.150 Personal property – Statutory exceptions.

1.28.010 Authority to sell real property.

Whenever it appears to the city council that it is for the best interests of the city and the people thereof that real property belonging to the city should be sold, the city council shall sell and convey such property under the limitations and restrictions and in the manner provided in this chapter. (Ord. 714 § 1, 1983).

1.28.020 Real property – Minimum price.

The city council shall fix a minimum price at which such real property may be sold. No sale shall be made unless at least the minimum price fixed by the council is bid. (Ord. 714 § 2, 1983).

1.28.030 Real property – Competitive bidding required – Exceptions.

The city clerk-treasurer shall advertise for written competitive bids on any sale of real property, except as follows:

A. When selling to a governmental agency;

B. When the city council, setting forth the facts by resolution, has declared an emergency to exist; or

C. The property to be sold is a parcel that, due to its size, shape or dimensions, does not qualify as a buildable lot under the city zone code. (Ord. 1065 § 1, 1991; Ord. 714 § 3, 1983).

1.28.040 Real property – Advertising and posting.

The city clerk-treasurer shall publish an advertisement for bids on the sale of real property once a week for two consecutive weeks in the official newspaper of the city. In addition thereto, the city clerk-treasurer shall also post said advertisement in three public places in the city. Both the posting and the date of the last publication shall be at least five calendar days before the final date for submitting the bids. (Ord. 714 § 4, 1983).

1.28.050 Real property – Advertising requirements.

The advertisement for bids shall particularly describe the property or portion thereof proposed to be sold and when and where the bids are to be submitted, shall designate the place and the time that the bids will be opened, shall set forth the minimum price established by the city council and shall set forth the terms of the sale. (Ord. 714 § 5, 1983).

1.28.060 Real property – Consideration of bids.

The bids shall be opened in public at the time and place stated in the advertisement for bids. The city council may reject any or all bids, or the bid for any one or more of the parcels of real property included in the advertisement for bids. (Ord. 714 § 6, 1983).

1.28.065 Real property – Procedure for sale of substandard parcel.

Any parcel of land that is declared surplus and meets the criteria of FMC 1.28.030(C) shall be sold in the same manner and on the same conditions as if it were vacated city road right-of-way. (Ord. 1065 § 2, 1991).

1.28.070 Personal property – Sale authority.

The city manager may authorize the sale or disposal of personal property of the city, including supplies, materials and equipment, if the city manager finds that such property is not needed at present or in the foreseeable future and is no longer of value or use to the city; provided, however, that if the property has an estimated value greater than $2,000, prior approval of the sale or trade-in and method of disposition must be obtained from the city council. (Ord. 1485-03 § 1, 2003; Ord. 719 § 1, 1983).

1.28.075 Personal property – Method of disposition.

A. If the estimated value of the surplus property is $2,000 or less, the city manager may dispose of the property by informal procedures in any manner deemed to be in the city’s best interests.

B. If the surplus property has an estimated value greater than $2,000, it may be disposed of in one of the following methods:

1. Public auction;

2. Solicitation of written bids;

3. Negotiated sale to one or more designated buyers;

4. Transfer to another agency of government; or

5. Trade-in upon the purchase of a like article. (Ord. 1485-03 § 2, 2003).

1.28.080 Trade-in of personal property.

A. The city manager may direct either the sale or the “trade-in” of used personal property upon the purchase of new, similar personal property.

B. If the city manager elects to trade-in used personal property he or she shall include in a call for bids for the new equipment a notice that the city has, for sale or trade-in, used equipment of a specific type and description which will be sold or traded in on the same day and hour that bids on the new equipment are opened. Any bidder on the new equipment may include in his offer to sell an offer to accept the used equipment as a part payment of the new equipment purchase price, setting forth the amount of such allowance.

C. Persons wishing to bid on the purchase of the used property only may submit a bid for such purchase independent of a bid on the new equipment.

D. In determining the lowest and best bid on the new equipment, the city shall consider the net cost to the city of such new equipment after trade-in allowances have been deducted.

E. The city may accept the new equipment bid of any bidder, without trading in the old equipment, but may not require any bidder to purchase the used equipment without awarding the bidder the new equipment contract.

F. The city manager may accept an independent offer to purchase the used equipment rather than allowing a trade-in, if that is most cost effective to the city. (Ord. 1485-03 § 3, 2003; Ord. 714 § 8, 1983).

1.28.090 Personal property – Minimum pricing.

Repealed by Ord. 1485-03. (Ord. 714 § 9, 1983).

1.28.100 Personal property – Competitive bidding required – Exceptions.

Repealed by Ord. 1485-03. (Ord. 719 § 2, 1983).

1.28.110 Personal property – Advertising for bids.

When sale of surplus property is to be by written bid, the city clerk-treasurer shall publish an advertisement for bids once each week for two consecutive weeks in the official newspaper of the city and shall also post the advertisement in three public places in the city. Both the posting and the date of the last publication shall be at least five calendar days before the final date for submitting the bids. The advertisement for bids shall particularly describe the property to be sold or shall refer to the approved specifications on file in the office of the city clerk-treasurer, and shall designate when and where the bids are to be submitted, the place and the time that the bids will be opened, the minimum price, if any, and the terms of the sale. (Ord. 1485-03 § 4, 2003; Ord. 714 § 11, 1983).

1.28.115 Personal property – Notice requirements for public auction.

When sale is to be by public auction, the city clerk-treasurer shall publish a notice of public auction of the personal property once each week for two consecutive weeks in the official newspaper of the city and shall also post the notice in three public places in the city. Both the posting and the date of the last publication shall be at least five calendar days before the date of the auction. The notice of public auction shall particularly describe the property to be sold or shall refer to the approved specifications on file in the office of the city clerk-treasurer, and shall designate the place and the time of the auction, the minimum price, if any, and the terms of sale. (Ord. 1485-03 § 5, 2003).

1.28.120 Personal property – Advertising requirements.

Repealed by Ord. 1485-03. (Ord. 714 § 12, 1983).

1.28.130 Personal property – Consideration of bids.

If the sale is upon sealed bids, the bids shall be opened in public at the time and place stated in the advertisement for bids. The city may reject any or all bids, or the bid for any one or more of the articles included in the advertisement for bids. (Ord. 1485-03 § 6, 2003; Ord. 714 § 13, 1983).

1.28.140 Personal property – Cash sales required – Exceptions.

Sales of personal property must be for cash, except as follows:

A. When property is transferred to a governmental agency;

B. When the city property is to be traded in on the purchase of a like article, in which case the proposed cash allowance for the trade-in must be a part of the proposition to be submitted by the seller in the transaction. (Ord. 714 § 14, 1983).

1.28.150 Personal property – Statutory exceptions.

Certain city ordinances and provisions of the Revised Code of Washington impose special conditions for the disposition of municipal property. Where necessary, city officials shall comply with those laws, treating them as limited exceptions to this chapter. Exceptions include, but are not limited to, Chapter 35.94 RCW (Surplus Utility Property) and Chapter 39.33 RCW (Alternate Method for Intergovernmental Disposition of Property). (Ord. 1485-03 § 7, 2003).