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HomeMy WebLinkAbout3711ORDINANCE NO. S1 I�__ AN ORDINANCE of the City of Port Angeles, Washington repealing and of the Port Angeles Municipal Code related to General replacing Title 1 Provisions. WHEREAS, in 20205 the, CiCityof Port Angeles initiated the Port Angeles Municipal Project,engaging staff and legal consultants to review and ("PAMC") Re -Envisioning recommend improvements to the City's current code; and Cede WHEREAS, overall goals for the Re -Envisioning Project include, but are not limited to, I interna ity including definitions, interpretation, and syntax; 1 consistency and uniform mpraving organization; and eliminating outdated provisions; and wT-TpRvALq,r-ritle 1 PAMC consists of General Provisions that apply throughout t Ities, and rules r as definitions, general civil and criminal Pena interpretation of the PAMC; and WHEREAS _ff egarding the app e code, sucn lication and revisions to Title 1 PAMC reorganize this Title, repeals unnecessary sections in their entirety, and updates language for consistency, alb in accordance with the overall Re-Envisioning Proj��t foals; and ' WHEREAS, revisions to `Title I PAMC will also include the foundation for changes to the Citys fee and rate schedules, which will be larought forwardfnr adoption with other amendments throe bout the PAMC at a future meeting along w16 ith resolutions adopting the near fee. and rate schedules; and WHEREAS, the Council has determined that the amendments to Title 1 meet the goals of the, Re -Envisioning Project, and are in the best interests 11 PAMC are necessary to of the City; this ordinance are but not limited to, the �rrecti r,an of the sGrivener'slclerical ermrs, references to other local,, state, or federal laws, codes, rues or regulations, or ordinance numbering, section/subsection numbers and any references thereto. Section 3. - Severabifflultv. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO I-IEREBY ORDAIN AS FOLLOWS: Section I - Title 1 of the Port Angeles Municipal Code, General Provisions, is hereby repealed in its entirety and replaced with Title 1 PAMC, General Provisions, as set forth in f Exhibit A. which is incorporated herein by this reference. Section 2. -Corrections. The pity Clerk and the codifiers of EEEEEEEEEEMN� authorized to make necessary corrections to this ordinance including If any provisions of this Ordinance, or its application to any person or circumstances, are held invalid, the remainder of the Ordinance, or application of the provi'sions ofthe ordinance to other persons or circumstances, is not affected. Section 4. - Effective mate. This ordinance, bein the pity legislative body, is not subject to r g an exercise of a power specifically delegated to eferendum. This ordinance shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. PASSED by the City'.. Council of the City of Port Angeles at a regular meeting of said Council held on the Ll �day of.1 VED AS TO FO e00110" AOf T,4; 0 William E. Bloor, Ci IAT Karl Martinez- bailey, C"i mey Cl 202310 Kate Dexter, Mayor Exhibit A ��e ��e and authority. 1incansistent with the code numbering Title 1 - GENERAL PROVISIONS CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER CODE ADOPTION 1.10- 1.15 - 1.20- 1-025- 1.30— GENERAL PROVISIONS GENERAL PENALTY FEES, RATES, AND CHARGES SPECIAL RF-4-dCOGNITIONS CHAPTER 1.10 - CODE ADOPTION 1.10.010 —Adoption and authority. 1.10.020 -Title--Citation. � 1 t n nin _ Reference annlies to all amendments. l 10. 040 - Amendment. 1.10.050 - Reference to other laws 1.10.060 - S everabil ity. 1.10.010 — Adoption and authority. XiPursuant to RCW 35.21.500 through 35-21,570, the City Council adopted the Port Angeles Municipal Lode, effective March 14, 1974. 1.10.020- Tftles—Citation. This Code may be cited as the "Port Angeles Municipal Code" or "PANG." 1,10,030 - Reference applies to all amendments. Whenever a reference is made to the Port Angeles Municipal Code or "PANG," or to any portion ents, corrections, and additions adopted by the City thereof, the reference applies to all amendm Council, regardle the PAMC 0 ss of whether such amendments, corrections, and additions have been codified into 11.10.040 - Amendment. This cods may be amended by reference to cads section without referring to the underlying ordinance. If an ordinance amending this cads is enacted with a numbering system that is system, the pity clerk is authorised to assi&m an appropriate Ni xhibit A 0-M code number and to codify the ordinance accordingly. The repeal of any code section does no the original text of the code section, but rather, r ordinance section and all of its amendments. t revive epeal of an existing section repeals the underlying LIOA50 - Reference to other laws and authority. Unless otherwise explicitly provided, any codes or regulations adopted b Revised Code of Washington ("RCW"), WashingtonAdministrativeve Code County bode, include the code or r subsequent amendments thereto. 11. 0.060 - Severability. anv section, subsection, egulation as it reads at the tim y �r ( � 1� eference, such as the WAC'"), and Clallam e of adoption by the City and any sentence, clause or phrase of this Code is for any reason held to be invalid r or unconstitutional, such decision will not affect the validity of the remaining portions of this Cade. The Council declares that it would have passed th is Cade, and each clause and phrase thereof, irrespective of the fait that any one a sentences, clauses or phrases had been declared invalid or unconsti section, subsection, sentence, r more sections,, subsections, tutional, and if for any reason this Code should be declared �a�id or unconstitutional, then the origi innal ordinance or ordinances will remain in fu 11 farce and effect. CHAPTER 1.15 - GENERAL PROVISIONS 1.15-010- 1.15.020- Definitions. interpretation. 1.15.030 - Seal design. 1.15.040 -Power of initiative and referendum adopted. 1.15.050 —Datum plane adopted. 1.15r010 - Defmitions. The following words and phrases whenever used in the PAMC or City ordinances are as defined in this section unless from the context a different meaning is intended or unless different meaning is I . specifically defined and more particularly directed to the use of such words or phrases. 0) On _xhibit A 06 "City"means the City of Port Angeles, Washington, the area within the territorial limits of the pity, end such territory outside of the City over which the City has jurisdiction or control by virwe of any � anstitutianal or statutory Prov "City Manager " means "�;'c�mputat�ion of lime " rr�eans the time within which an act is t ision. the pity Manager and the City Manager's aesignee�s). the first day and including the last day; and if the last day is o be done. It is computed by excluding Sunday or a legal holiday, that day is excluded. "Council" means the pity Council of the City of Port Angeles, Washington. "County" means Clallam County, wasnington. " Day" means busi,, than five days are specified. 'Zcrw"denotes applicable federal law.. the Constitution and statutes of the State of Washington, the ordinances of the City of Port Angeles., and when appropriate, any and all rules and regulations promulgated thereunder. P,may►►mid "shoulct" are pennissive. "'Uonih "means a calendar month. "Must" and ',shall �r i ss days when five or fewer days are specif ed, and calendar days when more declaration in all cases in which, by haw an affirmation may be substituted for an oath; and in such cases " swear" and "s " affirmed "Person" are mandatary. "Oath" includes any affirmation or warn" are equivalent to "affirm" and means any natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee., employee of any of Them. "State" means the State of Nash "Year" means a calendar year. ington. agent, officer, or I 11.15.020 - Interpretation. 1 A. The PAM�, the ordinances of the pity of Port Angeles, and all proceedings thereunder, are to be construed with a view to affect their objectives and to promote i ustice. B. The following grammatical rules apply to the PAMC and ordinances of the City: fG? :xh i b it or official' o. designee, unless otherwise stated or where such action is limited to the individual. kvzinn k, 1, it includes causing' allowing, permitting, aiding, unlawful made made un�awfu The City of Port Angeles hereby adopts the power voters of the City as provided pursuant to RCW 35 1. Gender. Pronouns in masculine, feminine and neutral genders are construed to include any other genders. 2. Singular and plural. The singular number includes the plural, and the plural includes the singular, unless explicitly provided otherwise.. 3. Tenses. Words used in the present tense include the past and the future tenses and vice versa unless manifestly inapplicable. 4. Reference to City officials and personnel. N"enever a pity employee or official is referenced as having the authority to take action an behalf of the City, such reference includes the employee's C. Whenever any act or om abetting, suffering, or concealing the fact of such act or om 0 fission. 1.15.030 — Seal design. An official corporate peal for the pity is adopted and is described as follows: an ordinary seal with the ward.: "The pity of Port Angeles, State of Washington," with the word "Seal" in the center thereof. 1.15*040 - Power of initiative and referendum adoptede s of initiative and referendum for the registered .11. A 080 through 35A.11.100, which are adopted are �o be exercised as provided in the RCWand consistent with state,by reference. Such pow%.PL"nz federal,, and local haw. L15A50 — Datum plane adopted. The City adopts the Washington plane coordinate system as established by Chapter 58.20 RCW. ( CHAPTER 1.20 - GENERAL PENALTY AND COLLECTIONS 1.200010 —General penalty. 120.020 -Collection of judgments 110*010 - General penalty. Unless atherw 0 1ST S any of the requiremen pacifically provided, any person violating any ov 4h ision or failing to comply with is of the PAMC or City's �rdinarlces, is guilty of a misdemeana r. Any person Exhibit A convicted of a rnisderneanor is punished by a fine of not more than $1,000.001, or by imprisor�xnent not to exceed 94 days, or by both such fine and imprisonment. Each such person is guilry of a separate offense for each violation and for every day during any portion of which any violation of the PAMC o permitted by any such person. 1920-aO20- - Collection of judgments. 0 r City's ordinances is committed, continued,or If the person cited fails to pay a penalty imposed pursuant to this code, the penalty may be referred to a collection agency. The cost to the City for the collection services shall be added as costs to the amount to be collected. Alternatively, the City may pursue collection in any other manner allowed by law. CHAPTER 115 — FEES, RATES, AND CHARGES 2 5. 010 —Fee Schedule. 25.020 - Full payment of fees. 25,030 - Waiver of fees. 25.040 — Utility Rate Schedule. 25.050 Annual administrative fee adjustments. Ie25eOIO — Fee Schedule Except when otherwise stated, any fee or charge due or referenced in the PAMC will be set forth in the City is fee schedule. Such fees are nonrefundable and include all taxes, unless explicitly noted. 1925oO2O - Full payment of fees. Unless otherwise provided, all fees and charges must be paid in advance and in full. Applications must include payment of any applicable fees. Such payment is a prerequisi of any hermit or grant or approval of any application. te to the City"s issuance 1.25.030 - Waiver of fees. Fees may be waived by the pity Manager if necessary to support the poor or ii1firm. 5 xhibit A 1.25a040 — Utility Rate Schedule. Except when otherwise stated, any utility rates or charge imposed by the PAMC will be set forthm* the City's rate schedule. Such rates are nonrefundable and include all taxes., unless explicitly noted. 1.25.050 Annual administrative fee adjustments. The City Manager is authorized to administratively adjust the fees can adapted pursuant to this chapter, effective January 1st of each year or soon thereafter., based upon the Cnncaimer Price Index for all urban consumers (Ut 1-U) as measured from June 1 Ato June tained in the fee schedule 15t, unless the Part Angeles Municipal code calls for the use mot another Ynaexratner maices, Llic cc i pecitic circumstances apply to the calculation of the fey. Annua� is set by another ag administrative adjustments to the fees established by this chapter shall be rounded as appropriate to envy, or s ensure efficient administration of fee collection. Any annual administrative adjustments to the City' fee schedule by the City Manager will be published on the C*ty"s website and communicated to the City Council in writing. CHAPTER 1.30 SPECIAL RECOGNITIONS 130-010 Indigenous People's Day. 1.30.020 Juneteenth. 1,30.010 Indigenous People's The City of Port Angeles shall r I each year. On th Day. ecognize Indigenous People's Day on the second Monday of October is occasion, the pity encourages its officials and employees, and loua1 organizations acid the communitv., to acknowledge that City of Fart Angeles sits on &iattam ancestral lards and to reca '�e the man cantributians that Klallam people, as well as other indigenous people, have made to our community with their knowledge, labor, technology, economics, science, philosophy and the deep cultural influences which have shaped the character of our City. 130.020 Juneteenthe , arts., I The City of Port Angeles shall celebrate an the 19th day of June each year an annual cta�Y � ecognition in remembrance of the day the Emancipation Proclamation came t Ctl a Texas, and the Exhibit A enslaved people realized they were free as a reminder that individual rights and freedoms must never be denied. On this occasion, the City encourages its officials and employees, local organizations, and all members of the community, to commemorate the day in 1865 when news of the Emancipation Proclamation finally reached the last confederate state, Texas, and the enslaved people realized they were free. As noted in a bill adapted by the Wash* n�,ton legislature in 2007, and here adopted and endorsed by the Council of the City of Port Angeles: "... on June 19, 1865, Union soldiers landed at Galveston, Texas with news that the Civil War had ended and the slaves were now free;,that this was two and a half years after President Lincoln signed the Emancipation Proclamation on January 1, 1863; that the end of slavery brought on new challenges and realities in establishing a previously nonexistent status for African -Americans in the United States; that racism -and continued inequality is the legacy of the first step in its eradication; and that since 1980 June 1 slavery and acknowledging it is Ofli lisp, been celebrated as Juneteenth across the United States as a day for people to come togetheri'n the spirit of reconciliation to commemorate he contributions of African-Ameri cans to this country N 'S history and culture." Summary of Ordinances Adopted by the Port Angeles City Council on April 4, 2023 ORDINANCE NOv 3711 AN ORDINANCE of the City of Port Angeles, Was�ungton Angeles Municipal bode related to General Provisions. repealing and replacing Title 1 of the Port effect an exercise of a power specifically delegated to the City legislative body,is nat This �rdir�an��� bet'ng � ^ ��A��nrir+PC Ql�qi ti rake effect fire (5) days otter passage and publication of an subject to reierenaum. L ncNG �xllal.".�� �1•ul• �w}�- _ _ _ approved summary thereof consisting of the title. The full tests of ordinances are available at City Hall in the www.cityofra,us or will be, mailed upon request. Kari Martinez -Bailey City Clerk Published by summary: Saturday. April 8, 202311 Clerk's office, on the CI*tyqs website at