Title 1

 

GENERAL PROVISIONS

 

Chapters:

1.01         Code Adoption

1.04         General Provisions

1.08         City Seal

1.12         Elections

1.16         Right of Entry

1.20         General Penalty

1.24         Public Records Act

1.28         Classification of Noncharter Code City

 

 


Chapter 1.01

 

CODE ADOPTION*

 

Sections:

1.01.010       Adoption.

1.01.020       Title—Citation—Reference.

1.01.030       Reference applies to all amendments.

1.01.040       Title, chapter, and section headings.

1.01.050       Reference to specific ordinances.

1.01.060       Ordinances passed prior to adoption of the code.

1.01.070       Effect of code on past actions and obligations.

1.01.080       Constitutionality.

1.01.090       References to prior code.

1.01.100       Effective date.

 

*     Prior ordinance history: Ord. 824.

 

1.01.010       Adoption.

    There is hereby adopted the “Sedro-Woolley Municipal Code” as compiled, edited and published by Book Publishing Company, Seattle, Washington. (Ord. 1389-00 § 1, 2000)

 

1.01.020       Title—Citation—Reference.

    This code shall be known as the “Sedro-Woolley Municipal Code” and it shall be sufficient to refer to said code as the “Sedro-Woolley 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 Sedro-Woolley Municipal Code. Referenced may be made to the titles, chapters, sections and subsections of the Sedro-Woolley Municipal Code and such references shall apply to those titles, chapters, sections or subsections as they appear in the code. (Ord. 1389-00 § 2, 2000)

 

1.01.030       Reference applies to all amendments.

    Whenever a reference is made to this code as the “Sedro-Woolley Municipal Code” or to any portion thereof, or to any ordinance of the city of Sedro-Woolley, Washington, codified herein, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made. (Ord. 1389-00 § 3, 2000)

 

1.01.040       Title, chapter, and section headings.

    Title, chapter and section headings contained herein 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 hereof. (Ord. 1389-00 § 4, 2000)

 

1.01.050       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. 1389-00 § 5, 2000)

 

1.01.060       Ordinances passed prior to adoption of the code.

    The last ordinance included in this code was Ordinance 1383-00, passed April 26, 2000. The following ordinances, passed subsequent to Ordinance 1383-00, but prior to adoption of this code, are hereby adopted and made a part of this code: Ordinance 1384-00 through Ordinance 1387-00. (Ord. 1389-00 § 6, 2000)

 

1.01.070       Effect of code on past actions and obligations.

    The adoption of this code does not affect prosecutions for ordinance violations committed prior to the effective date of this code, does not waive any fee or penalty due and unpaid on the effective date of this code, and does not affect the validity of any bond or cash deposit posted, filed or deposited pursuant to the requirements of any ordinance. (Ord. 1389-00 § 7, 2000)

 

1.01.080       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. (Ord. 1389-00 § 8, 2000)

 

1.01.090       References to prior code.

    References in city forms, documents and regulations to the chapters and sections of the former city code shall be construed to apply to the corresponding provisions contained within this code. (Ord. 1389-00 § 9, 2000)

 

1.01.100       Effective date.

    This ordinance shall be effective five days after passage and publication as provided by law. (Ord. 1389-00 § 10, 2000)

 

 

Chapter 1.04

 

GENERAL PROVISIONS

 

Sections:

1.04.010       Definitions.

1.04.020       Grammatical interpretation.

1.04.030       Prohibited acts include causing, permitting, etc.

1.04.040       Construction.

1.04.050       Repeal shall not revive any ordinances.

 

*     Prior ordinance history: Ord. 824.

 

1.04.010       Definitions.

    The following words and phrases whenever used in the ordinances of the city of Sedro Woolley, 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” means the city of Sedro Woolley, Washington or the territorial limits of the city of Sedro Woolley, 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.     “Computation of time” means the time within which an act is to be done. It shall be computed by excluding the first day and including the last day; and if the last day be Sunday or a legal holiday, that day shall be excluded.

    C.     “Council” means the city council of the city of Sedro Woolley. “All its members” or “all councilmen” means the total number of councilmen provided by the general laws of the state of Washington.

    D.    “County” means the county of Skagit.

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

    F.     “May” is permissive.

    G.     “Month” means a calendar month.

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

    I.      “Oath” shall be construed to include 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.”

    J.      “Ordinance” means a law of the city; provided that a temporary or special law, administrative action, order or directive, may be in the form of a resolution.

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

    L.     “Person” means 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.

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

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

    O.    “Property” includes real and personal property.

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

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

    R.     “State” means the state of Washington.

    S.     “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.

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

    U.    Title of office: Use of the title of any officer, employee, board or commission means that officer, employee, department, board or commission of the city.

    V.    “Written” includes printed, typewritten, mimeographed or multigraphed.

    W.    “Year” means a calendar year.

    X.     All words and phrases shall be construed and understood 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.

    Y.    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 as to include all such acts performed by an authorized agent. (Ord. 786 § 1, 1975)

 

1.04.020       Grammatical interpretation.

    The following grammatical rules shall apply in the ordinances of the city:

    A.    Gender. The masculine gender includes the 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.

    D.    Use of Words and Phrases. Words and phrases not specifically defined shall be construed according to the context and approved usage of the language. (Ord. 786 § 2, 1975)

 

1.04.030       Prohibited acts include causing, permitting, etc.

    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. 786 § 3, 1975)

 

1.04.040       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. 786 § 4, 1975)

 

1.04.050       Repeal shall not revive any ordinances.

    The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. (Ord. 786 § 5, 1975)

 

 

Chapter 1.08

 

CITY SEAL

 

Sections:

1.08.010       Adoption.

1.08.020       Official acts.

 

1.08.010       Adoption.

    A seal containing in the center thereof the words “corporate seal” surrounded, in circular form, by the words “City of Sedro-Woolley, Washington,” is hereby adopted as the official seal of the city of Sedro-Woolley, the legislative successor of the town of Sedro-Woolley. (Ord. 27 § 1, 1907)

 

1.08.020       Official acts.

    All acts, deeds and conveyances of the city, heretofore done or executed under such seal are hereby adopted and ratified as the official acts, deeds and conveyances of the city. (Ord. 27 § 2, 1907)

 

 

Chapter 1.12

 

ELECTIONS

 

Sections:

1.12.010       Division into wards.

1.12.020       Ward I.

1.12.030       Ward II.

1.12.040       Ward III.

1.12.050       Ward IV.

1.12.060       Ward V.

1.12.070       Ward VI.

1.12.080       Councilmembers—Election.

1.12.090       Councilmembers—Terms of office.

1.12.100       Officers elections.

 

1.12.010       Division into wards.

    The city is hereby divided into six wards numbered one to six, to be designated by Roman numerals to distinguish them from voting precincts within wards which shall be designated by Arabic numerals. (Ord. 589 § 1, 1958)

 

1.12.020       Ward I.

    Ward I shall consist in all that territory in the city bounded as follows:

 

        Commencing at the intersection of the centerline of F & S Grade Road and the city limit boundary of the City of Sedro-Woolley; thence southerly along the city limit boundary of the City of Sedro-Woolley to its intersection with the centerline of State Route 9; thence north along the centerline of State Route 9 to its intersection with the centerline of State Route 20; thence east along the centerline of State Route 20 to its intersection with the centerline of Borseth Street; thence South along the centerline of Borseth Street to its intersection with the south right-of-way line of the E-W centerline of the Burlington Northern Railroad; thence east along the south right of way line of the E-W centerline of the Burlington Northern Railroad to the intersection of State Route 20 with the east right-of-way line of the N-S centerline of the Burlington Northern Railroad, said intersection located in Section 24, T35N R04E, W.M.; thence north along the east right-of-way line of the N-S centerline of the Burlington Northern Railroad to its intersection with the city limit boundary of the City of Sedro-Woolley; thence west along the city limit boundary of the City of Sedro-Woolley to the point of beginning; Together with any additions thereto lying Westerly of the east right-of-way line of the N-S centerline of the Burlington Northern Railroad and Westerly of the centerline of State Route 9, as illustrated on the map attached to the ordinance codified in this chapter.

(Ord. 1508-05 § 1, 2005: Ord. 1430-02 § 1, 2002: Ord. 589 § 2, 1958)

 

1.12.030       Ward II.

    Ward II shall consist in all that territory in the city bounded as follows:

 

        Commencing at the intersection of the centerline of Brickyard Creek and the centerline of N. Reed Street; thence south along the centerline of N. Reed Street to its intersection with the centerline of State Route 20; thence east along the centerline of State Route 20 to its intersection with the centerline of State Route 9; thence north along the centerline of State Route 9 to its intersection with the city limit boundary line of the City of Sedro-Woolley; thence west along the city limit boundary of the City of Sedro-Woolley to its intersection with the centerline of Brickyard Creek; thence east along the centerline of Brickyard Creek to the point of beginning; Together with any additions thereto lying Westerly of the centerline of State Route 9, Northerly of the present city limit boundary line, and Easterly of the East right-of-way line of the N-S centerline of the Burlington Northern Railroad.

(Ord. 1508-05 § 2, 2005: Ord. 1430-02 § 2, 2002: Ord. 589 § 3, 1958)

 

1.12.040       Ward III.

    Ward III shall consist in all that territory in the city bounded as follows:

 

        Commencing at the intersection of the centerline of S. Third Street and the south city limit boundary of the City of Sedro-Woolley; thence north along the centerline of S. Third Street to the centerline of Third Street; thence continuing north along the centerline of Third Street to its intersection with the centerline of State Street; thence east along the centerline of State Street to the centerline of Haines Avenue; thence north along the centerline of Haines Avenue to its intersection with the centerline of State Route 20; thence west along the centerline of State Route 20 to its intersection with the centerline of N. Reed Street; thence north along the centerline of N. Reed Street to its intersection with the centerline of Brickyard Creek; thence west along the centerline of Brickyard Creek to its intersection with the east right-of-way line of the Burlington Northern Railroad; thence south along the east right-of-way line of the Burlington Northern Railroad to its intersection with the centerline of Borseth Street; thence North along the centerline of Borseth Street to its intersection with the centerline of State Route 20; thence west along the centerline of State Route 20 to its intersection with the centerline of State Route 9; thence south along the centerline of State Route 9 to its intersection with the city limit boundary of the City of Sedro-Woolley; thence east along the city limit boundary of the City of Sedro-Woolley to the point of beginning; Together with any additions thereto lying Easterly of the centerline of State Route 9, Southerly of the present city limit boundary line, and Westerly of (South) Third Street.

(Ord. 1508-05 § 3, 2005: Ord. 1430-02 § 3, 2002: Ord. 589 § 4, 1958)

 

1.12.050       Ward IV.

    Ward IV shall consist in all that territory in the city bounded as follows:

 

        Commencing at the intersection of the centerline of Third Street and the centerline of State Street; thence east along the centerline of State Street to its intersection with the centerline of Township Street; thence south along the centerline of Township Street if extended to its intersection with the city limit boundary of the City of Sedro-Woolley; thence west along the city limit boundary of the City of Sedro-Woolley to its intersection with the centerline of S. Third Street; thence north along the centerline of S. Third Street to the centerline of Third Street; thence continuing north along the centerline of Third Street to the point of beginning; Together with any additions thereto lying Easterly of the centerline of (South) Third Street, Southerly of the present city limit boundary line, Westerly of the centerline of Township Street, and Northerly of the centerline of River Road.

(Ord. 1508-05 § 4, 2005: Ord. 1430-02 § 4, 2002: Ord. 589 § 5, 1958)

 

1.12.060       Ward V.

    Ward V shall constitute all that territory in the city south bounded as follows:

 

        Commencing at the intersection of the centerline of State Route 20 and the centerline of Haines Avenue; thence east along the centerline of State Route 20 to its intersection with the centerline of State Route 9; thence north along the centerline of State Route 9 to its intersection with the city limit boundary of the City of Sedro-Woolley; thence easterly and southerly along the city limit boundary of the City of Sedro-Woolley to its intersection with the centerline of Wicker Road; thence west along the centerline of Wicker Road to its intersection with the centerline of Township Street; thence south along the centerline of Township Street to its intersection with the centerline of State Street; thence west along the centerline of State Street to its intersection with the centerline of Haines Avenue; thence north along the centerline of Haines Avenue to the point of beginning; Together with any additions thereto lying Northerly of the centerline of Wicker Road lying West of the centerline of Claybrook Road, Easterly of the centerline of State Route 9 lying North of the centerline of State Route 20, and Northerly of the centerline of State Route 20 lying East of the intersection of the centerline of Claybrook Road extended Northerly.

(Ord. 1508-05 § 5, 2005: Ord. 1430-02 § 5, 2002: Ord. 589 § 6, 1958)

 

1.12.070       Ward VI.

    Ward VI shall consist in all that territory in the city bounded as follows:

 

        Commencing at the intersection of the centerline of Township Street and its intersection with the centerline of Wicker Road; thence east along the centerline of Wicker Road to its intersection with the city limit boundary of the City of Sedro-Woolley; thence east and south along the city limit boundary of the City of Sedro-Woolley to its intersection with the centerline of Township Street, said intersection located along the west line of Section 30, T35N R05E, W.M.; thence north along the centerline of Township Street to the point of beginning; Together with any additions thereto lying Northerly of River Road, Easterly of Township Street lying South of Wicker Road, Easterly of the centerline of Claybrook Road extended Northerly lying North of the centerline of Wicker Road, and South of the centerline of SR 20.

(Ord. 1508-05 § 6, 2005: Ord. 1430-02 § 6, 2002: Ord. 589 § 7, 1958)

 

1.12.080       Councilmembers—Election.

    One councilmember shall be nominated and elected from each ward, and one councilmember-at-large shall be nominated and elected from the entire city. (Ord. 589 § 8, 1958)

 

1.12.090       Councilmembers—Terms of office.

    The terms of councilmembers shall be four years each. (Ord. 1611-08 § 1, 2008: Ord. 589 § 9, 1958)

 

1.12.100       Officers elections.

    The mayor shall be nominated and elected from the entire city for a four-year term. (Ord. 1354-00 § 1, 2000: Ord. 589 § 10, 1958)

 

 

Chapter 1.16

 

RIGHT OF ENTRY

 

Sections:

1.16.010       Inspection—Procedure.

 

1.16.010       Inspection—Procedure.

    Whenever necessary to make an inspection to enforce any ordinance or resolution, or whenever there is reasonable cause to believe there exists an ordinance or resolution violation in any building or upon any premises within the jurisdiction of the city, any authorized official of the city, may, upon presentation of proper credentials, enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon him by ordinance; provided, that except in emergency situations or when consent of the owner and/or occupant to the inspection has been otherwise obtained, he shall give the owner and/or occupant, if they can be located after reasonable effort, twenty-four hours’ written notice of the authorized official’s intention to inspect. The notice transmitted to the owner and/or occupant shall state that the property owner has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of a search warrant by a duly authorized magistrate. In the event the owner and/or occupant refuses entry after such request has been made, the official is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry. (Ord. 787 § 1, 1975)

 

 

Chapter 1.20

 

GENERAL PENALTY

 

Sections:

1.20.010       Penalty for violations.

 

1.20.010       Penalty for violations.

    Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of the city shall be guilty of a misdemeanor. Except in cases where a different punishment is prescribed by any ordinance of the city, any person convicted of a misdemeanor under the ordinances of the city shall be punished by a fine of not more than five thousand dollars or by imprisonment not to exceed one year, or by both such fine and imprisonment. Provided, however, that wherever there is a lesser maximum penalty prescribed for violation of an analogous provision of state law then such lesser maximum penalty shall apply and provided further, that wherever a minimum mandatory penalty is provided for violation for an analogous provision of state law then such a minimum mandatory penalty shall apply.

    Each such person shall be 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 shall be punished accordingly. (Ord. 1116 § 1, 1991)

 

 

Chapter 1.24

 

PUBLIC RECORDS ACT

 

Sections:

1.24.010       Authority and purpose.

1.24.020       Agency description—Contact information—Public records officer.

1.24.030       Availability of public records.

1.24.040       Processing of public records requests—General.

1.24.050       Exemptions.

1.24.060       Costs of providing copies of public records.

1.24.070       Review of denials of public records.

 

1.24.010       Authority and purpose.

    A.    RCW 42.56.070 requires each agency to make available for inspection and copying nonexempt “public records” in accordance with published rules. The act defines “public record” to include any “writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained” by the agency. RCW 42.56.070 requires each agency to set forth “for informational purposes” every law, in addition to the Public Records Act, that exempts or prohibits the disclosure of public records held by that agency.

    B.     The purpose of these rules is to establish the procedures that the city of Sedro-Woolley will follow in order to provide full access to public records. These rules provide information to persons wishing to request access to public records of the city of Sedro-Woolley and establish processes for both requestors and the city of Sedro-Woolley staff that are designed to best assist members of the public in obtaining such access.

    C.     The purpose of the act is to provide the public full access to information concerning the conduct of government, mindful of individuals’ privacy rights and the desirability of the efficient administration of government. The act and these rules will be interpreted in favor of disclosure. In carrying out its responsibilities under the act, the city of Sedro-Woolley will be guided by the provisions of the act describing its purposes and interpretation. (Ord. 1570-07 § 1, 2007)

 

1.24.020       Agency description—Contact information—Public records officer.

    A.    The city of Sedro-Woolley offices are located at 720 Murdock Street, but following January 1, 2008 will be located at 220 Munro Street.

    B.     Any person wishing to request access to public records or seeking assistance in making such a request should contact the public records officer of the city of Sedro-Woolley:

 

Public Records Officer: City Attorney

City of Sedro-Woolley

Municipal Building (located at the address noted above)

(360) 855-1661

 

    Information is also available at the city of Sedro-Woolley’s web site at www.ci.sedro-woolley.wa.us.

    C.     The public records officer will oversee compliance with the act but another city of Sedro-Woolley staff member may process the request. Therefore, these rules will refer to the public records officer “or designee.” The public records officer or designee and the city of Sedro-Woolley will provide the “fullest assistance” to requestors; create and maintain for use by the public and city of Sedro-Woolley officials an index to public records of the city of Sedro-Woolley, if applicable; ensure that public records are protected from damage or disorganization; and prevent fulfilling public records requests from causing excessive interference with essential functions of the city of Sedro-Woolley. (Ord. 1570-07 § 2, 2007)

 

1.24.030       Availability of public records.

    A.    Hours for Inspection of Records. Public records are available for inspection and copying during normal business hours of the city of Sedro-Woolley: Monday through Friday, eight a.m. to five p.m., excluding legal holidays. Records must be inspected at the offices of the city of Sedro-Woolley and may not be inspected until the records have been identified by the public records officer following a request for inspection.

    B.     Records Index. The city of Sedro-Woolley is developing an index of public records that is/will be available for use by members of the public. Because the city council has found it unduly burdensome for the city to create an index of records prior to the date of the ordinance codified in this chapter, the index will begin following the date of the ordinance codified in this chapter.

    C.     Organization of Records. The city of Sedro-Woolley will maintain its records in a reasonably organized manner. The city of Sedro-Woolley will take reasonable actions to protect records from damage and disorganization. A requestor shall not take city of Sedro-Woolley records from city of Sedro-Woolley offices without the permission of the public records officer or designee. A variety of records available are on the city of Sedro-Woolley web site at http://www.ci.sedro-woolley.wa.us/. Requestors are encouraged to view the documents available on the web site prior to submitting a records request.

    D.    Making a Request for Public Records.

    1.     Any person wishing to inspect or copy public records of the city of Sedro-Woolley should make the request in writing on the city of Sedro-Woolley’s request form, or by letter, fax, or e-mail addressed to the public records officer and including the following information:

    a.     Name of requestor;

    b.     Address of requestor;

    c.     Other contact information, including telephone number and any e-mail address;

    d.     Identification of the public records adequate for the public records officer or designee to locate the records; and

    e.     The date of the request.

    2.     If the requestor wishes to have copies of the records made instead of simply inspecting them, he or she should so indicate and make arrangements to pay for copies of the records or a deposit. Standard photocopies will be provided at fifteen cents per page or the maximum allowable rate established under RCW 42.56 in effect at the time of the request.

    3.     A form is available for use by requestors at the office of the public records officer and on-line at http://www.ci.sedro-woolley.wa.us/.

    4.     The public records officer or designee may accept requests for public records that contain the above information by telephone or in person. If the public records officer or designee accepts such a request, he or she will confirm receipt of the information and the substance of the request in writing. (Ord. 1570-07 § 3, 2007)

 

1.24.040       Processing of public records requests—General.

    A.    Providing “Fullest Assistance.” The city of Sedro-Woolley is charged by statute with adopting rules which provide for how it will “provide full access to public records,” “protect records from damage or disorganization,” “prevent excessive interference with other essential functions of the agency,” provide “fullest assistance” to requestors, and provide the “most timely possible action” on public records requests. The public records officer or designee will process requests in the order allowing the most requests to be processed in the most efficient manner.

    B.     Acknowledging Receipt of Request. Within five business days of receipt of the request, the public records officer will do one or more of the following:

    1.     Make the records available for inspection or copying;

    2.     If copies are requested and payment of a deposit for the copies, if any, is made or terms of payment are agreed upon, send the copies to the requestor;

    3.     Provide a reasonable estimate of when records will be available; or

    4.     If the request is unclear or does not sufficiently identify the requested records, request clarification from the requestor. Such clarification may be requested and provided by telephone. The public records officer or designee may revise the estimate of when records will be available; or

    5.     Deny the request.

    C.     Consequences of Failure to Respond. If the city of Sedro-Woolley does not respond in writing within five business days of receipt of the request for disclosure, the requestor should contact the public records officer to determine the reason for the failure to respond.

    D.    Protecting Rights of Others. In the event that the requested records contain information that may affect rights of others and may be exempt from disclosure, the public records officer may, prior to providing the records, give notice to such others whose rights may be affected by the disclosure. Such notice should be given so as to make it possible for those other persons to contact the requestor and ask him or her to revise the request, or, if necessary, seek an order from a court to prevent or limit the disclosure. The notice to the affected persons will include a copy of the request.

    E.     Records Exempt from Disclosure. Some records are exempt from disclosure, in whole or in part. If the city of Sedro-Woolley believes that a record is exempt from disclosure and should be withheld, the public records officer will state the specific exemption and provide a brief explanation of why the record or a portion of the record is being withheld. If only a portion of a record is exempt from disclosure, but the remainder is not exempt, the public records officer will redact the exempt portions, provide the nonexempt portions, and indicate to the requestor why portions of the record are being redacted.

    F.     Inspection of Records.

    1.     Consistent with other demands, the city of Sedro-Woolley shall promptly provide space to inspect public records. No member of the public may remove a document from the viewing area or disassemble or alter any document. The requestor shall indicate which documents he or she wishes the city to copy.

    2.     The requestor must claim or review the assembled records within thirty days of the city of Sedro-Woolley notification to him or her that the records are available for inspection or copying. The agency will notify the requestor in writing of this requirement and inform the requestor that he or she should contact the agency to make arrangements to claim or review the records. If the requestor or a representative of the requestor fails claim or review the records within the thirty-day period or make other arrangements, the city of Sedro-Woolley may close the request, refile the assembled records and discard any unclaimed copies. Other public records requests will be processed ahead of a subsequent request by the same person for the same or almost identical records, which will be processed as a new request. The requester shall remain responsible to pay for unclaimed copies.

    G.     Providing Copies of Records. After inspection is complete, the public records officer or designee shall make the requested copies or arrange for copying in a reasonable period of time.

    H.    Providing Records in Installments. When the request is for a large number of records, the public records officer or designee will provide access for inspection and copying in installments, if he or she reasonably determines that it would be practical to provide the records in that way. If, within thirty days, the requestor fails to inspect the entire set of records or one or more of the installments, the public records officer or designee will stop searching for the remaining records and close the request.

    I.      Completion of Inspection. When the inspection of the requested records is complete and all requested copies are provided, the public records officer or designee will indicate that the city of Sedro-Woolley has completed a diligent search for the requested records and made any located non-exempt records available for inspection.

    J.      Closing Withdrawn or Abandoned Request. When the requestor either withdraws the request or fails to fulfill his or her obligations to inspect the records or pay the deposit or final payment for the requested copies, the public records officer will close the request and indicate to the requestor that the city of Sedro-Woolley has closed the request. (Ord. 1570-07 § 4, 2007)

 

1.24.050       Exemptions.

    A.    The Public Records Act provides that a number of types of documents are exempt from public inspection and copying. In addition, documents are exempt from disclosure if any “other statute” exempts or prohibits disclosure. Requestors should be aware of the following exemptions, outside the Public Records Act, that restrict the availability of some documents held by the city of Sedro-Woolley for inspection and copying: Attorney-Client Privilege, Uniform Trade Secrets Act, and “protected healthcare information” (PHI), under the Federal Health Insurance Portability and Protection Act of 1996.

    B.     The city of Sedro-Woolley is prohibited by statute from disclosing lists of individuals for commercial purposes.

    C.     Deliberative process exemption RCW 42.17.310(1)(i)/42.56.210(1)(i) exempts “Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended” except if the record is cited by the city.

    In order to rely on this exemption, the city must show that the records contain predecisional opinions or recommendations of subordinates expressed as part of a deliberative process; that disclosure would be injurious to the deliberative or consultative function of the process; that disclosure would inhibit the flow of recommendations, observations, and opinions; and finally, that the materials covered by the exemption reflect policy recommendations and opinions and not the raw factual data on which a decision is based. Courts have held that this exemption is “severely limited” by its purpose, which is to protect the free flow of opinions by policy makers. It applies only to those portions of a record containing recommendations, opinions, and proposed policies; it does not apply to factual data contained in the record. The exemption does not apply to records or portions of records concerning the implementation of policy or the factual basis for the policy. The exemption does not apply merely because a record is called a “draft” or stamped “draft.” Recommendations that are actually implemented lose their protection form disclosure after they have been adopted by the agency.

    D.    Employment and licensing information as set forth in RCW 42.56.250.

    E.     Library records as set forth in RCW 42.56.310.

    F.     Personnel information as set forth in RCW 42.56.230. (Ord. 1570-07 § 5, 2007)

 

1.24.060       Costs of providing copies of public records.

    A.    Costs for Paper Copies. There is no fee for inspecting public records. A requestor may obtain standard black and white photocopies for fifteen cents per standard page and large format copying costs as provided on the public records request form. In the event of amendment to RCW 42.56, this fee shall automatically adjust to the maximum allowable charge under RCW 42.56. In the event the city treasurer determines the actual cost of providing copies, the actual cost shall be charged.

    Before beginning to make the copies, the public records officer or designee may require a deposit of up to ten percent of the estimated costs of copying all the records selected by the requestor. The public records officer or designee may also require the payment of the remainder of the copying costs before providing all the records, or the payment of the costs of copying an installment before providing that installment. The city of Sedro-Woolley will not charge sales tax when it makes copies of public records.

    B.     Costs for Electronic Records. The cost of electronic copies of records shall be ten dollars for information on a floppy disk, twenty dollars for information on a CD-ROM and fifteen dollars for tape recordings of meetings (per tape).

    C.     Costs of Mailing. The city of Sedro-Woolley may also charge actual costs of mailing, including the cost of the shipping container.

    D.    Actual Costs. For requests that require outside assistance to fulfill, the requestor shall pay the actual costs incurred to fulfill the request.

    E.     Payment. Payment may be made by cash, check, or money order to the city of Sedro-Woolley. (Ord. 1570-07 § 6, 2007)

 

1.24.070       Review of denials of public records.

    A.    Petition for Internal Administrative Review of Denial of Access. Any person who objects to the initial denial or partial denial of a records request may petition in writing (including e-mail) to the public records officer for a review of that decision. The petition shall include a copy of or reasonably identify the written statement by the public records officer or designee denying the request.

    B.     Consideration of Petition for Review. The public records officer shall promptly provide the petition and any other relevant information to the mayor. The mayor, or in his/her absence the mayor pro-tem, will immediately consider the petition and either affirm or reverse the denial within two business days following the city of Sedro-Woolley’s receipt of the petition, or within such other time as the city of Sedro-Woolley and the requestor mutually agree to.

    C.     Judicial Review. Any person may obtain court review of denials of public records request pursuant to RCW 42.17.340 at the conclusion of two business days after filing a petition for internal administrative review of denial of access. (Ord. 1570-07 § 7, 2007)

 

 

Chapter 1.28

 

CLASSIFICATION OF NONCHARTER CODE CITY

 

Sections:

1.28.010       Adoption.

1.28.020       Filing of copy.

1.28.030       Effective date.

 

1.28.010       Adoption.

    There is hereby adopted for the city of Sedro-Woolley, Washington, the classification of noncharter code city retaining the same general plan of government under which the city of Sedro-Woolley is currently organized but governed according to RCW 35A.12. (Ord. 1600-08 § 1, 2008: Ord. 1582-07 § 1, 2007)

 

1.28.020       Filing of copy.

    The clerk-treasurer is hereby authorized and directed to forward to the secretary of state a certified copy of the ordinance codified in this chapter for filing pursuant to Section 35A.02.040 RCW. (Ord. 1600-08 § 2, 2008: Ord. 1582-07 § 2, 2007)

 

1.28.030       Effective date.

    This chapter shall take effect five days from and after its passage, approval, and publication as provided by law. (Ord. 1600-08 § 3, 2008: Ord. 1582-07 § 3, 2007)