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ORDINANCE NO. c?Q�(
AN ORDINANCE of the City of Port Angeles re-
lated to licensing and regulation of certain
types of businesses within the City of Port
Angeles, requiring a license for those types
of businesses; establishing procedures for
issuance, denial, suspension and revocation
of such licenses; establishing penalties for
violation of this ordinance; and repealing
Ordinance Nos: 689, 874, 930, 971, 980, 1003,
1006, 10077-1048, 1063, 1085, 1126, 1135, 1250,
1287, 1350, 1366, 1430, 1454, 1510, 1608, 1612,
1636, 1714, 1724, 1731, 1737, 1814, 1831
EXCEPT section (23), 1960, 1968, 2001, 2023, 2031,
and 2035; and all of Title 5 of the Code of the
City of Port Angeles.
10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT
11 ANGELES, as follows:
12
13 Chapter 1
14 GENERAL PROVISIONS
15 Section 1. Purpose. This ordinance is an exercise of
16 the police power of the City of Port Angeles and is necessary for
17 the protection of the public health, safety and welfare of the
18 citizens of Port Angeles, through the regulation of certain types
19 of businesses within the City of Port Angeles.
20 Section 2. Scope. This ordinance is intended to license
21 and regulate only those types of businesses in the City of Port
22 Angeles which are specifically required by this ordinance to
23 obtain a license.
84 Section 3. Definitions. The following definitions
• 25 shall apply to all chapters of this ordinance, unless the context
26 of the chapter indicates otherwise:
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A. "City" - The City of Pprt Angeles, an optional municipal
28 code city, operating under the pro.(risions of Title 35A RCW.
29 B. "License" - A certificate issued by the City Clerk to a
30 specific person, allowing the conduct of a designated and regulated
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business for a definite period of time at a specific location
within the City of Port Angeles, in accordance with the provisions
of this ordinance.
re -at`
be.
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C. "Person" - Any person, firm, corporation, association,
partnership, venture, society, club, association, or organization
whatsoever.
Section 4. Appl'icat'ion for License _ Issuance.
A. Each applicant for a license shall file an application
with the City Clerk in writing, containing the name of the appli-
cant, the name of the business, the type of the business or
businesses for which the license is sought, the address and loca-
tion of the business, an indication of whether the business is
temporary or permanent, and any other information this ordinance
or the Clerk requires for processing the application. The appli-
cant shall also tender the fee for issuance of the license.
B. After receipt of a completed application and the license
fee, the Clerk shall review the application and shall, except as
otherwise provided, issue or deny the license within three (3)
working days after receipt of the completed application.
C. Nothing in this section or any other section of this
ordinance shall prevent the City Clerk or any other authorized
city official from requiring from the applicant any information
necessary to ascertain whether the applicant is,.or will be, in
compliance with all city ordinances or state laws.
Section 5. Denial of Application.
A. The Clerk shall deny any application for a business
license where the applicant is not in compliance with all ordinances.
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of the City of Port Angeles and statutes of the State of Washing-
ton as now existing or hereafter amended. The Clerk shall, upon
denial, inform the applicant in writing of the reason for denial,
shall cito the ordinance or statute of which the applicant is in
violation, and shall refund the tendered license fee.
B. Any applicant denied a license by the City Clerk shall
have a right of appeal to the City Council. The applicant shall,
within ten (10) days of mailing by the Clerk of notice of the
denial, give a notice of appeal to the City Clerk, in writing.
The Clerk shall place the applicant's appeal on the agenda of the
next regularly scheduled City Council meeting, and forthwith in-
form the applicant in writing, of the date, time and location of
the meeting.
C. The City Council shall hold a public hearing at which
the applicant may present testimony as to his compliance with the
state statutes or city ordinances with which he is alleged not to
be in conformance.
D. After the close of the public hearing, the City Council
shall either grant the license, or sustain the denial. The City
Council shall make findings of fact, which shall be incorporated
in its minutes, as to the basis for its decision.
Section 6. License Fee. For all business which require
a license, unless otherwise provided by this ordinance, the
license fee shall be Twenty -five ($25) Dollars per year.
Section 7. License Term.
A. All licenses, unless otherwise specifically provided,
shall be for a period of one (1) year, beginning July 1 of each
year and terminating the following June 30. The fee for a license
issued to a business starting after July 1 shall be prorated to
the end of the license period, such proration to begin on the
first of the month next following issuance, of the license.
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B. Any applicant who intends to conduct a business tempor-
arily may apply for a license for a period of one to three months.
The fee for a temporary license, unless otherwise specifically
provided, shall be Ten ($10) Dollars per month.
C. Upon receipt of an affidavit attesting to the loss,
theft, or destruction of an otherwise valid license, such loss,
theft or destruction not being due to the wilful misconduct of the
licensee, the Clerk shall reissue a license for the duration of
the license period to said licensee upon receipt of a Five ($5)
Dollar fee.
Section 8. Posting - Inspection. A business license
shall be conspicuously posted at the business for which it was
issued, and shall be produced for inspection upon the request of
any authorized city official; provided, however, that when the
licensee has no permanent place of business, then such license
must be carried on the person of such licensee or attached to and
conspicuously displayed on any personal property which is an
integral part of the business in which the licensee is engaged.
Said license shall be produced for inspection upon the request of
any authorized city official.
Section 9. Transfer - Assignment. No license issued
under the provisions of this ordinance shall be transferable or
assignable; provided, that in the event of death of the licensee,
the surviving spouse, estate, or other heir may operate the busi-
ness under the existing license for a period not to exceed thirty
(30) days. In the event of the sale of a business, the new owner
shall be required to apply for and obtain a license for the
duration of the license period, prior to commencing to conduct a
business in the City of Port Angeles.
Section 10. Rebate. No rebate allowed.
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Section 11. Multiple Businesses at One Location. Any
person engaged in two or more businesses at the same location
shall only be required to obtain one license for the combined
businesses and, unless otherwise specifically provided, the
license fee for combined businesses conducted at the same location
shall be Twenty -five ($25) Dollars.
Section 12. Same Business - Multiple Locations. Any
person conducting the same type of business at two or more perman-
ent locations shall be required to obtain a separate license for
each place of business. The fee for each additional license shall
be Five ($5) Dollars per license per year.
Section 13. Revocation of License. Unless such
disciplinary measures in regard to a given profession, vocation,
or occupation are solely within the jurisdiction of the State of
Washington, the following rules shall apply for any business not
otherwise exempt by state law.
A. The City Manager or his designee is hereby authorized to
revoke the license of any person, when there is a reasonable
belief that the business is being conducted in violation of any
ordinance of the City of Port Angeles or any statute of the State
of Washington. The City Manager, or an authorized city employee,
shall secure the license and post notice of revocation of the
license on the premises. Written notice of the revocation of the
license shall be given to the holder of the license, which shall
inform the licensee of the reason for revocation, and cite the
ordinance or statute of which the licensee is in violation.
B. If the license is for more than one type of business and
the license of less than all the business-isrevoked, the City Manager
or an authorized city employee shall affix a notice of revocation
to the license. The City Clerk shall, as soon
as practicable after the revocation, issue a new business license,
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for those permitted types of businesses, which license shall be sub-
stituted for the license previously issued.
C. If the City Manager determines that summary revocation
of a business license, pursuant to Subsection A of this Section,
is not necessary to protect the public health and welfare, he may
refer the question of whether to revoke a particular business
license to the City Council. Notice of the reference by the City
Manager of the question to the City Council for decision shall be
given to the licensee, pursuant to the terms of this ordinance. The
Clerk shall place the question on the agenda of the next regularly
scheduled council meeting. The Council shall act upon the question
of revocation in accordance with the terms of Subsections F and G
of this section.
D. Conduct of business after notice of revocation of the
license is given shall be unlawful. It shall also be unlawfull
for any person with actual knowledge of the revocation to transact
any business with any person whose license has been revoked.
E. Upon revocation, the licensee shall have a right of
appeal to the City Council. The licensee shall, within ten (10)
days of the notice of the revocation, give notice to the City
Clerk, in writing, of his intent to appeal the revocation to the
City Council. The Clerk shall place the licensee's appeal on the
agenda of the next regularly scheduled city council meeting, and
forthwith inform the licensee, in writing, of the date, time and
location of the meeting.
F. The City Council shall hold a public hearing, at which
the licensee may present testimony as to his compliance with the
state statutes or city ordinances which he has allegedly violated.
G. After the close of the public hearing, the City Council
shall make findings of fact which shall be incorporated in its
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minutes, as to the basis of its decision. The City Council may
sustain the revocation of the license, reinstate the license with
conditions, reinstate the license after a time certain, or immedi-
ately reinstate the license.
Section 14. Service of Required Notices. Any written
notice required by this ordinance to be given to any licensee,or
applicant shall be sent by ordinary mail to the address of the
licensee or applicant as shown on the license application.
Section 15. Renewal of License. Prior to expiration of
a business license, the City Clerk shall notify the licensee in
writing, at least thirty (30) days prior to expiration, of the
expiration date of the license, and of the fee for renewal. If
the Clerk determines that any license should not be renewed, for
reason of non - compliance with any of the terms of this ordinance,
the Clerk shall so notify the licensee, in writing, and at least
thrity (30) days prior to expiration. The licensee may appeal the
Clerk's decision, in accordance with the procedures of Section 6
of this chapter. If the fee for renewal is not paid prior to
expiration of the license, the license shall be null and void after
that date, and the business shall be an unlicensed one, subject to
all other provisions of this ordinance, as of the date of expira-
tion.
Section 16. Penalty. Any person violating any provis-
ion of this ordinance shall be guilty of a misdemeanor, and shall
be punished by a fine not to exceed Five Hundred ($500) Dollars
or ninety (90) days in jail, or both such fine and imprisonment.
Each day that a violation continues shall constitute a separate
offense.
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Chapter 2
AMBULANCES
Section 1. Definitions - The following definitions
shall apply to the provisions of this chapter:
(A) "Ambulance" - Any motor vehicle acting as a common
carrier for hire for the transportation or conveyance of the sick
or injured.
(B) "Operating an Ambulance" - The use of an ambulance in
any of the following manners:
(1) An ambulance stationed within the city;
(2) An ambulance dispatched from within or without the
city limits which repeatedly or customarily makes trips for hire
to pick up the sick or injured;
(3) An ambulance which makes trips into the city for
performance of such service.
Section 2. License Required - No person shall operate,
or cause to be operated, an ambulance in the city without first
securing from the City Clerk a busi-
ness license for such purpose, provided, however, that the number
of persons licensed shall be limited to not more than one person
for each 7000 persons or fractions thereof population within the
city limits; and provided further, that any hospital or nursing
home may, pursuant to the regulations of this chapter provide
ambulance service for its patients only.
Section 3. License Application - Required Information.
In addition to all other information required of an applicant for
a business license, an applicant for an ambulance business license
shall provide the following information:
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(A) The number and description of ambulances owned and
operated by the applicant;
(B) The distinguishing color scheme, design, or dress, in-
cluding any monogram or insignia to be used on such ambulance;
(C) A certificate of insurance as required by this chapter
which shall contain an endorsement providing that ten (10) days
notice to the City will be given by the insurance company in the
event of any material change or cancellation in the insurance.
Section 4. License - Exhibition Required - Each
ambulance licensed pursuant to the terms of this ordinance shall
contain the business license or a reasonable facsimile thereof,
prominently displayed in the interior of the ambulance in a
position where the same may be seen and read by any person.
Section 5. Ambulance Crew Required - No person shall
operate any ambulance in the city without the same being attended
by a crew of two able - bodied persons, at least one of whom shall be
over the age of twenty -one years and hold a valid Washington State
vehicle operator's license, and an advance first aid certificate
issued by the American Red Cross, State of Washington, Department
of Labor and Industries, or other comparable instructional group
or organization.
Section 6. Ambulance Required Equipment - Each ambu-
lance shall, at all times, be equipped as follows:
(A) First aid equipment, consisting of leg and arm splints
and standard 24 -unit first aid kits as prescribed by the American
Red Cross or the State of Washington Department of Labor and
Industries;
(B) Invalid couch type bed on wheels;
(C) Stretcher for a second patient on floor or hanger;
(D) Bandages, tourniquets and splints;
(E) Oxygen tank, equipped with hose and face piece and
reserve type of equipment for administering oxygen;
(F) Fresh clean linen and blankets sufficient for two
patients;
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(G) Towels,male and female urnials, restraints, fire -
extinguisher, basin, fan and heater;
(H) As required for emergency vehicles by Chapter 46.37
RCW, as now enacted or hereafter amended.
Section 7. Inspection Required - The Chief of Police
shall inspect all ambulances prior to issuance of any license to
insure compliance with the provisions of this chapter. Inspection
shall also occur once per year thereafter, or at any time deemed
necessary and proper by the Chief of Police.
Section 8. Inspection and Notification of New Vehicle.
Upon the acquisition of an ambulance not owned by a licensee at th-
time of issuance of the business license pursuant to this chapter,
the licensee shall notify the City Clerk and the Chief of Police
of the identification of the new vehicle. If another vehicle is
to be replaced, he shall also notify the City Clerk of the vehicle
which is no longer to be used pursuant to the terms of the business
license. The Chief of Police shall inspect the new vehicle as
required by this chapter.
Section 9. Insurance Required - No business license
shall be issued for the operation of any ambulance until the
applicant provides proof of public liability insurance of $100,000
for personal injuries to one person, $200,000 for injuries to more
than one person, and property damage insurance of $10,000 for each
accident or occurrence.
Section 10. Service Availability - A licensee may
publicly list or advertise telephone numbers only of telephones
located at his headquarters or stations where the licensee has an
ambulance stationed on 24 -hour availability. Each licensee shall
advise every person calling for ambulance service of whether or
not the licensee has an ambulance available to immediately respond
to a call, and, if not, the approximate time delay before an
ambulance will be available.
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Chapter 3
AMUSEMENT MACHINES
Section 1. Definitions - The following definitions
shall apply to the provisions of this chapter:
(A) "Automatic Music Playing Machine" - Any musical device
which is operated or played upon the insertion of a coin, trade
check or slug.
(B) "Machine Amusement Device" - Any machine or device
designed to be operated or used for playing a game upon the inser-
tion of a coin, trade check or slug.
Section 2. Registration Required - Upon application for
a business license, or, if a license has already been issued, upon
acquisition of any machine not previously registered, the owner or
operator of a business at which automatic music playing machines
and machine amusement devices are available for use, operation or
play, shall register each such machine with the City Clerk. Such
registration shall consist of identification of the machine, by
name, serial number, manufacturer, and any other identifying
information. Upon registration, the Clerk shall issue a registra-
tion tag, which shall be visibly displayed on such machine or
device, and a business,:license for the operation of amusement
machines.
Section 3. Location Restrictions - No automatic music
playing machine or machine amusement device shall be used, operated
or played in any building or place within three hundred feet of
the grounds or building of any school.
Section 4. Confiscation - Any machine or device which
is not registered, and which is in operation or use, shall be
confiscated by the Chief of Police, and forfeited to the City.
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Chapter 4
CHARITABLE SOLICITATIONS
Section 1. Definitions - The following definitions
shall apply to the provisions of this chapter:
(A) "Charitable Organization"
(1) Any benevolent eleemosynary, educational, social,
recreational, or fraternal organization, or any
other person having or purporting to have a charit-
able nature; and
(2) Which solicits or solicits and collects contribu-
tions for any charitable purpose.
(B) "Charitable" - Any oral or written request for a contri-
bution, including the solicitor's offer or attempt to sell any
property, rights, services, or other thing in connection with
which:
(1) Any appeal is made for any charitable purpose; or
(2) The name of any charitable organization is used as
an inducement for consumating the sale; or
(3) Any statement is made which implies that the whole
or any part of the proceeds of the sale will be
applied toward any charitable purpose or donated
to any charitable organization.
The solicitation shall be deemed completed when made, whether or
not the person making it receives any contribution or makes any
sale.
Section 2. Permit Required - No person shall solicit
for charitable purposes in the City of Port Angeles without first
having obtained a permit from the City Clerk, for which no fee
shall be assessed. This permit requirement shall not apply to any
solicitation which involves no person -to- person contact within the
City of Port Angeles, nor to organizations exempt under Chapter
19.09 RCW.
Section 3. Compliance with State Law - No person shall
be granted a permit to solicit for charitable purposes, unless
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said organization is registered pursuant to Chapter 19.09 RCW, as
now enacted or hereafter amended.
Section 4. Permit Application - Contents - In addition
to all other information required of an applicant for a business
license, an applicant for a charitable solicitation permit shall
provide the following:,
(A) Name and address of all persons expected to take part
in the solicitation;
(B) Name and address of charitable organization for which
contributions are solicited.
Section 5. Permit Application - Affidavit - Any person
applying for a permit to solicit, pursuant to the terms of this
chapter, shall sign an affidavit attesting that:
(A) All information contained in the application is true and
correct;
(B) The applicant is authorized to solicit on behalf of the
charitable organization listed in the application.
Section 6. Permit Location - Any person soliciting
for charitable purposes in the City of Port Angeles shall carry a
valid permit or reasonable facsimile thereof on his person while
soliciting. Each solicitor shall produce the permit upon demand
of any person who is being solicited, or upon the demand of any
authorized city official.
Chapter 5
DANCES
Section 1. Definitions - The following definitions shal
apply to the provisions of this chapter:
(A) "Adult Public Dance" - Any dance open to the general
public, to which admission can be had by a person eighteen years
of age or older.
(B) "Teen -age Public Dance" - Any dance open to the general
public, to which admission can be had only by persons between the
ages of sixteen and twenty years.
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(C) "Dance Hall" - Any room, place, or space, in which a
public dance, either adult or teen -age, is held.
Section 2. License Required - Any person sponsoring or
providing either an adult public dance or a teen -age public dance
shall first obtain a business license
for either an adult or teen -age dance; provided, that fraternal
organizations, Christian youth organizations and public schools
holding dances for members and guests only on their own premises
shall not be required to obtain a license.
Section 3. Number of Dances Authorized = Fee For One
Dance.
(A) An annual business license
for dances shall permit the licensee to hold any number of dances.
(B) A temporary business license
may be issued for one dance, for which the fee shall be ten
($10) dollars.
Section 4. Right of'En'try - Any police officer of the
City of Port Angeles or the State of Washington shall at all times
have free access to all places in the City where adult public
dances and teen -age public dances are being held.
Section 5. Dance License Application - The application
shall be filed at least ten (10) days prior to any dance, and shall
contain, in addition to all other information required of an
applicant for a business license, the following information:
(A) The date upon which the dance is to be held.
(B) The address of the place where the dance is to be held.
(C) The approximate attendance expected.
(D) The hours of the dance.
(E) In the event of a teen -age dance, the number of adult
supervisors who will be in attendance at all times
during the holding of the dance, and the names and
addresses of such adults.
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Section 6. Adult Dance Regulations - All adult dances
shall be subject to the following regulations:
(A) No person conducting a public dance and no person having
charge or control of a public dance shall permit any person to
bring any intoxicating liquor into the dance hall, nor permit
intoxicating liquor to be drunk in the dance hall.
(B) No person conducting a public dance and no person having
charge or control of a public dance shall permit any disorderly
conduct to occur in the dance hall, as defined by RCW 9A.84.030,
as now enacted, or hereafter amended.
(C) No person conducting an adult public dance and no person
having charge or control of a public dance shall give to any
person leaving a public dance a return or pass -out check or other
token whereby re- admission can be obtained without the payment of
a fee in an amount equal to that of the original admission.
(D) Adult public dances shall operate only between the hours
of 12 noon and 2 AM.
Section 7. Teen -age Dance Regulations - All teen -age
dances shall be subject to the following regulations:
(A) No person admitted to a teen -age dance shall be permitte
to leave and thereafter re -enter the dance hall during the course
of the event, and no pass -out checks shall be issued.
(B) No alcoholic beverages shall be sold, consumed, or avail
able on the premises in or about which any teen -age dance is held.
(C) Admission to any teen -age dance shall be denied to any
person showing evidence of drinking any alcoholic beverages or who
has any alcoholic beverage on his person.
(D) No person conducting a teen -age public dance, and no
person having charge or control of a teen -age public dance shall
permit any disorderly conduct to occur in the dance hall, as
defined by RCW 9A.84.030, as now enacted or hereafter amended.
(E) No dancing at any teen -age dance shall be permitted
after the hour of 12 midnight.
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(F) No person of the age of twenty -one (21) years or more,
or under the age of sixteen (16) years shall be permitted to
attend any public teen -age dance; provided, this subsection does
not apply to sponsors, chaperones or performers.
Chapter 6
DANCE HALLS WHERE INTOXICATING LIQUOR IS SOLD OR SERVED
Section 1. Definitions - The following definitions shall
apply to the provisions of this chapter:
(A) "Intoxicating Liquor" - Includes wine, beer, whiskey,
and all other liquors or beverages having an alcoholic content and
which are fit for beverage purposes.
(B) "Public Dance" - Any dance not held or given in a privet=
home or residence.
(C) "Public Dance Hall" - Any room, place or space, except
a private residence or home, where dancing is permitted and
carried on, including a room, place or space within a club.
Section 2. License Required - No person shall maintain
or conduct any public dance hall where intoxicating liquor is sold
without obtaining from the Clerk a
business license for such purpose.
Section 3. License Application Requirements - In addi-
tion to all other information required of an applicant for a
business license, an applicant for a Dance Hall Where Intoxi-
cating Liquor Is Sold-license shall provide the -
following information:
(A) The location of the dance hall where the dances are to
occur.
(B) The name of the owner of the premises upon which the
dances are to occur.
(C) The approximate capacity of the hall.
(D) The type of liquor to be served.
(E) Hours of operation.
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Section 4. Dance Halls - Regulations - Each dance hall
where intoxicating liquors are sold or served shall be subject to
the following regulations:
(A) No operator of any public dance hall shall knowingly
permit any person to bring, carry, or transport into the public
dance hall any bottle or other containeh containing any intoxica-
ting liquor.
(B) It is unlawful to sell, serve, or give away or distribut
in bottles any intoxicating liquor, other than beer and wine, at
a public dance hall.
(C) No operator of a public dance hall shall knowingly permit
or allow any person under the age of twenty -one years to be pres'en
in a public dance hall, unless such person is accompanied by
parent, spouse, or legal guardian; provided, the foregoing provis-
ion shall not ,prohibit the entry of such person to any dining room
located on the premises occupied by a hotel or motel, and actually
maintained and operated as a bonafide part of such hotel or
restaurant business.
(D) No operator of any public dance hall shall allow a
drunken person to be present in any public dance hall.
(E) No operator of a public dance hall shall allow any dis-
orderly conduct to occur on the premises, as defined by
RCW 9A.84.030, as now enacted or hereafter amended.
Chapter 7
EXHIBITIONS
Section 1. Definitions - The following definitions
shall apply to the provisions of this chapter:
(A) "Sale at Retail" - The sale or offer for sale of goods
or articles in quantities, broken lots or parcels, not in bulk, an
directly to consumers of those goods.
Section 2. License Required - Notwithstanding any other
provisions of city ordinances, any sponsoring person or organiza-
tion may be granted an exhibitor's license for any agricultural
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show, industrial show, sports show, trade show or other show or
exhibition of a similar nature that is open to the public, wherein
not less than seven persons under the sponsorship of the applicant
exhibit goods or articles and where any such goods or articles are
sold or offered for sale at retail upon the public streets of the
city. A sponsoring person shall first secure a business license
for such purpose.
Section 3. City Council Approval Required - Before a
busines license for an exhibition may be
issued, the City Council must review the application. The City
Council must find, from the application, that there is a public
benefit to be incurred by reason of allowance of the exhibition.
Section 4. Exhibition Regulations - The following
regulations shall apply to an exhibition:
(A) The Director of Public Works and the Chief of Police
shall determine what traffic barricades, if any, are necessary as
a result of the exhibition. The City shall provide such barricades
and shall be reimbursed therefor by the exhibitior. Such reimbur-
sement must occur prior to the exhibition.
(B) Such license may not be for a period greater than
eleven (11) days.
Chapter 8
FIREWORKS
Section 1. Purpose - It is the purpose of this ordinance'
to regulate the possession, sale and discharge of safe and sane
fireworks within the City of Port Angeles, in accordance with the
provisions of Chapter 70.77 RCW as now enacted or hereafter amended
Section 2. Definitions - The following definitions, in
addition to those definitions found in RCW 70.77.125 through .245
shall apply to the provisions of this chapter:
(A) "Dangerous Fireworks" - Every fireworks article so
designated by RCW 70.77.120 or the state fire marshal, pursuant to
the authority granted him by RCW 70.77.130(14).
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Section 3. Dangerous Fireworks Prohibited - It is
unlawful for any person, firm or corporation to sell at retail,
possess, use or explode any dangerous fireworks within the City
of Port Angeles; provided, that nothing herein shall be deemed
to prohibit the use of any explosive or flammable compound, blasting
caps and similar items used for industrial purposes only. The
sale, use, or possession of any firework which is not marked with
the manufacturer's license number and the state fire marshal's
classification shall constitute prima facie evidence of a violation
of this section.
Section 4. Sale of Safe and Sane Fireworks - License
Required - It is unlawful for any person, firm, or corporation
to engage in the retail sale of safe and sane fireworks •
within the City of Port Angeles, without first having obtained
a business license for such purpose.
Section 5. License Application Requirements and
Required Information - An application for a business license
to engage in retail sales of fireworks within the City limits
shall be made to the City Clerk, and submitted at least seven
(7) days prior to the requested effective date of the license.
No license application may be submitted prior to January 1 of
the year for which the license is requested. In addition to all
information required of an applicant for a business license,
the application must be accompanied by:
(A) A valid license issued by the state fire marshal
pursuant to Chapter 70.77 RCW, authorizing the permittee to
engage in the retail sale of safe and sane fireworks;
(B) A fee of Ten ($10) Dollars, which is hereby esta-
blished as the fee for a business license
issued solely for the purpose of allowing
the sale of fireworks.
(C) A public liability and property damage insurance
policy from an insurance company licensed to do business in this
state, in the sum of at least $300,000 for bodily injury or
death suffered by one or more persons in any accident or occurr-
ence, and at least $100,000 for property damage. The insurance
policies must name the City of Port Angeles as an additional
insured, to indemnify the City from damage or injury caused by
the operation of retail fireworks stands;
(D) A performance bond, note or cash deposit in an
amount not less than One Hundred ($100) Dollars, conditioned upon
the prompt removal and cleanup of all debris, material, etc.,
from the site from which fireworks are sold, which. bond or deposit
shall be returned to the applicant by the City if the application
for a fireworks permit is denied.
(E) In the event the application is granted, the bond
or deposit shall be returned to the applicant only if the stand
from which the fireworks are sold is removed and the site cleared
of all debris to the satisfaction of the proper official of the
City. In the event of the applicant's failure to do so, the
performance bond or cash deposit shall be forfeited to the City.
The performance bond or cash deposit shall also be forfeited to
the City if the requirements of this subsection are not complied
with by the 10th day of July of each year.
Section 6. Number of Licenses Limited - No person,
firm or corporation shall receive more than one business license
for the sale of fireworks during any one
calendar year. A license granted pursuant to this ordinance shall
entitle the licensee to maintain one retail outlet for the sale
of safe and sane fireworks within the City of Port Angeles.
Section 7. Dates When Sale Permitted - The sale of
safe and sane fireworks shall only be permitted in accordance
with the requirements of RCW 70.77.395 as now enacted or here-
after amended.
Section 8. Dates When Use Permitted - No person, firm
or corporation shall use or explode any fireworks within the City
of Port Angeles except from 12 :00 noon on the 28th day of June to
12:00 noon on the 6th day of July of any year; provided, that this
prohibition shall not apply to duly authorized public displays,
where the same are authorized pursuant to the laws of the State of
Washington.
Section 9. Temporary Stand - Location - Construction -
The sale of fireworks as authorized herein shall be from temporary
fireworks stands only, which shall be constructed and operated in
accordance with the following regulations:
(A) Temporary stands shall be located only in the CAD,
CAD -R and CBD zones as set forth in City of Port Angeles Ordinance
No. 1709 as now existing or hereafter amended, and as shown on the
Official Zoning Map of the City of Port Angeles.
(B) Temporary fireworks stands need not comply with all
of the provisions of the building code; provided, however, all
such temporary fireworks stands shall be erected under the super-
vision of the fire chief and building official of the City of
Port Angeles, or their duly authorized representatives, who shall
require all temporary fireworks stands to be constructed in a safe
manner. In the event any temporary fireworks stand is wired for
electricity, such wiring shall conform to the state electrical
code and the electrical code of the City, and shall be limited
to the provisions of adequate lighting only. No part of a temp-
orary fireworks stand shall be less than 20 feet from an ad-
joining building.
Chapter 9
FOR -HIRE VEHICLES
Section 1. Definitions - The following definitions
shall apply to the provisions of this chapter:
(A) "For,-.hire Vehicles" - Every motor vehicle having a
seating capacity of seven passengers or more, in accordance with
the manufacturer's rating, used for the transportation of passen-
gers for hire, and not operated exclusively over a fixed and
defined route.
(B) "Taxicab" - Every motor vehicle having a seating capacity
of seven passengers or less, in accordance with the manufacturer's
rating, used for the transportation of passengers for hire, and
does not operate exclusively over a fixed and defined route.
Section 2. Taxicab Number Restriction - The number of
taxicabs authorized to operate, and for which a license will be
issued by the City, shall be based upon the population of the City,
as determined by the last preceeding United States census, at the
ratio of one taxicab to each 2000 inhabitants, or fractions there-
of; provided, however, that this limitation shall not affect taxi-
cabs in operation under a license on the effective date of City of
Port Angeles Ordinance No. 1250, except such vehicles as do not,
through failure or inability of the operators, meet the require-
ments of this chapter.
Section 3. License Required - No taxicab or for -hire
cars shall be operated upon the streets of the City without first
obtaining , a business license for such
purpose.
Section 4. License Application - Required Information -
In addition to all other information required of an applicant for
a business license, an applicant for a for -hire vehicle license
shall provide the following information:
(A) Location of the taxicab zone applied for, together with
any other location from which the taxicabs or for -hire vehicles
are operated.
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(B) Full information concerning the ownership, the number
and classification of vehicles to be operated, and the name,
ficticious or otherwise, under which the applicant intends to
operate.
(C) The distinguishing color scheme, dress or design,
including any monogram or insignia intended to be used upon the
vehicle.
(D) The rates proposed to be charged.
Section 5. License Application - Inspection of Vehicles
All vehicles to be used as for -hi
re vehicles or taxicabs by an
applicant for a business license shall be inspected by the
Chief of Police before issuance of the endorsement to determine
whether such vehicles are clean, properly equipped, mechanically
fit, and in safe condition for the transportation of passengers.
Section 6. Taxicab - Special Equipment - Every vehicle
operated as a taxicab shall be equipped with an approved fire ex-
tinguisher, a first aid kit, and an illuminated taxi sign or roof
light of approved design, which roof light shall be illuminated at
all times while the taxi is in operation as such.
Section 7. License - Rate Schedule - No business
license to operate a taxicab or for -hire vehicle shall be
issued except by the City Council, after review of the license
application, inspection report of the Chief of Police, and the
proposal for fares. The City Council may, in its discretion,
approve or deny the application. The City Council may, in its
discretion, alter or change the proposed rates. Those rates
approved by the City Council shall be the only rates which may be
charged by the taxicab or for -hire business.
Section 8. Operation Regulations - The operation of a
taxicab or for -hire business shall be governed by the following
regulations, in addition to all other regulations of statute or
ordinance:
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(A) No taxi stand or zone may be operated without the
written permission of the owner or occupant of all adjoining
premises.
(B) No licensee shall permit more than three taxicabs to
stand or wait at the same time in a taxi stand or zone.
(C) Every person engaged in the business of transporting
passengers for hire under the provisions of this chapter shall
file all information requested by any authorized peace officer in
regard to the address of the house or place to or from which he has
driven or caused to be driven any passenger, as well as descrip-
tions, names and addresses of such passengers, if known to him.
(D) No person shall operate a for -hire vehicle or taxicab
without first having obtained a driver's license so to do.
Section 9. Qualifications for Driver's License - No
person shall be permitted to obtain a driver's license for the
driving of taxicabs or for -hire vehicles unless the following
requirements are met:
(A) Possession of a valid Washington driver's license.
(B) The ability to speak, read and write the English language.
(C) Not have been convicted of a felony, or of operating a
motor vehicle while under the influence of intoxicating liquor or
drugs, or of being in actual physical control of a motor vehicle
while under the influence of intoxicating liauor or drugs within
five years preceeding the date of the application for a license.
Section 10. Driver's License Application - Information
Required - In addition to all other information required by the
City Clerk, the following information shall be required:
The full name, address, residence, race, age, color, height,
color of eyes and hair, place of birth, length of time he has
resided in the City, whether a citizen of the United States,
whether previously licensed as a driver or chauffeur, and if so,
when and where, whether such license has ever been revoked and for
what cause. Such application shall be signed and sworn to by the
applicant, and filed with the Chief of Police as a permanent
record. Every applicant for a driver's license must submit to
fingerprinting by the police department and must file two recent
photographs of himself suitable for attachment to a driver's
license.
Section 11. Driver's License Application - Police
Endorsement - After examination of the application, the Chief of
Police shall make a recommendation to the Clerk that she issue or
not issue a license permitting the person to drive a for -hire or
taxicab vehicle.
Section 12. Driver's License Fee - The fee for a
driver's license shall be three ($3) per year.
Section 13. Driver's License - Exhibition Required -
Each licensed driver shall, upon the demand of any police officer
or passenger, exhibit his license and photograph for inspection.
Section 14. Driver's License - Temporary - The Clerk
may, on the recommendation of the Chief of Police, issue a tempor-
ary taxicab or for -hire driver's license, pending the completion
of the investigation required pursuant to this chapter, effective
only until the application is finally acted upon by the Chief of
Police, and in no event, for a period longer than thirty (30) days.
Section 15. Driver's License - Non Transferable - No
driver's license for operating a for -hire vehicle shall be trans-
ferable.
Section 16. Fare - Filing - Posting Required - Every
person conducting or carrying on the business of transporting
passengers and vehicles for hire shall post in a conspicuous place
in every vehicle, the schedule of fares.
Section 17. Fare - Overcharge - Any driver of a taxicab
or for -hire vehicle who charges any passenger a fare higher than
that provided in the schedule of fares filed with the City shall,
in addition to any other penalty imposed by law, have his license
to drive a for -hire vehicle or taxicab revoked.
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•
•
Section 18. Fare - Refusal to Pay - It is unlawful for
any person to refuse to pay the regular fare for a taxicab or for -
hire vehicle, after haveing hired the same.
Section 19. Fare - Schedule Change - In the event the
operator of a taxicab or for -hire car desires to change the rates he
shall file an amended schedule with the Chief of Police and the
City Clerk at least thrity (30) days prior to such change. No
change in rates will be effective until approved by the City
Council.
Chapter 10
HOTELS AND MOTELS
Section 1. License Required - No person shall operate,
or cause to be operated, a hotel, motel, or public rooming house
in the City of Port Angeles without first receiving from the City
Clerk a business license for such
purpose.
Section 2. License Application - Information Required -
In addition to all other information required of an applicant for
a business license, an applicant for a hotel -motel license
shall provide the following information:
(A) Location of the property and building for which the
license is issued.
(B) Class of construction of the building.
(C) Number of rooms.
(D) Number and kind of service rooms.
Section 3. Registration of Guests Required - Every
person conducting a hotel or motel in the city shall keep a
register in which all guests shall be required to register their
names and addresses. Every person keeping a hotel or motel shall
indicate on the register the date of each registration, the number
of the room assigned to the guest, and the number of any room to
which the guest may be transferred; provided, that if two or more
rooms are rented or leased to a tour group or other organization,
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only the person in charge of room assignments for the group or
organization must be identified as required by this section. Such
register shall be open to inspection at all reasonable times by
an authorized peace officer. All such registration books shall be
preserved for a period of at least two years.
Section 4. Rooms - Numbering -- All sleeping rooms in
the hotel, or motel, shall be plainly numbered on the outside of
the room, with a different number being assigned to each room.
Section 5. Registration - False Entries - It is unlaw-
ful for any person to cause to be written in the register of any
hotel or motel any other than the true name of the person register-
ing.
Chapter 11
JUNK DEALERS and SECONDHAND DEALERS
and
PAWNBROKERS
Section 1. Definitions - The following definitions
shall apply to the provisions of this chapter:
(A) "Pawnbroker" - Every person who takes or receives by way
of pledge, pawn or exchange, goods, wares or merchandise, or any
kind of personal property whatsoever, for security for the repay-
ment of money loaned thereon.
(B) "Second -hand Dealer " - Every person engaged in whole or i
part in the business of purchasing, selling, trading, bartering,
accepting in trade or as partial payment for goods, or otherwise
exchanging, secondhand goods of any kind or description other than
"junk" as defined in subsection 1(C) of this chapter; provided,
however, that this section shall not apply to:
(1) Those persons engaged in the business of selling
used or second -hand motor vehicles or boats;
(2) Automobile dealerships or retail parts stores
furnishing or selling reconditioned parts in the ordinary course
of business;
(3) Sales of wholly donated goods; and
(4) Those persons who acquire second hand goods only in
trade on sale of new goods; and
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(5) Persons holding less than seven (7) garage, or
yard sales, or the like, in any one -year period.
(C) "Junk Dealer" - Every person engaged in whole or in part
in the business of buying, selling, bartering, trading, or ex-
changing old rope, rubber, rags, empty bottles, paper, metals,
baggings, and such other worn out and discarded articles, materials
and odds and ends as can be turned to some use, or recycled;
provided however, that this section does not apply to dealing in
goods which can be used again for the purpose for which they were
originally intended.
Section 2. License Required - No person shall act as a
pawnbroker, second-hand dealer, or junk dealer in the city without
first securing from the City Clerk _ a
business license for such purpose.
Section 3. Records Required - Inspection
(A) It shall be the duty of every pawnbroker or second -hand
dealer before making any transaction included within the scope of
this chapter to verify the identity of the customer by some bona -
fide means of identification, and to maintain in his place of
business a book or other permanent record in which shall be legibly
written in ink in the English language at the time of each trans-
action a record thereof containing at a minimum the following:
(1) The date of the transaction.
(2) The name of the person or employee conducting the
same.
(3) Printed name, signature, age, sex, mailing address,
street and house number, and telephone number of the person with
whom the transaction is had, and the evidence by which the identity
of such person was verified.
(4) The name and address of the owner of the property
received.
(5) A description of the property received which shall
include the name of the maker of such property or manufacturer
thereof, and serial number, if the article has such marks on it,
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or any other inscription or identifying marks.
(B) Such records, and all articles received, shall at all
times during ordinary business hours, be open to inspection by any
law enforcement officer. No entry made in said report shall be
erased or in any manner obliterated or defaced, and such record
shall be maintained for a period of three (3) years from the date
of transaction. Forms shall be provided by the City for this
record - keeping requirement, at the dealer's expense.
Section 4. Transcript to be Furnished
(A) It shall be the duty of every pawnbroker and second -hand
dealer to deliver two copies of the record required by Section 3(A)
to the Port Angeles Police Department at the close of every calen-
dar week, for all transactions occurring during the preceding week.
The original shall be kept as part of the pawnbroker's or second-
hand dealer's "housebook" as required by Section 3(A). The fourth
sheet shall serve as a receipt for the item received. Each sheet
in the set shall carry the same number and any item received shall
be marked with a number corresponding to the housebook number.
(B) The Chief of Police shall furnish one copy of such
record to the law enforcement department of Clallam County.
Section 5. False Reporting - Any person who supplies
any false information or false identification to any pawnbroker,
second -hand dealer, employee or agent thereof shall be guilty of a
misdemeanor.
Section 6. Immediate Reporting - It is the duty of
every pawnbroker, second -hand dealer, employee or agent thereof,
having good cause to believe any property in his possession has
been previously lost or stolen to immediately report such fact to
local law enforcement personnel, together with the name of the
owner, if known, and the date and name of the person from whom the
same was received by such pawnbroker, second -hand dealer, employee
or agent.
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Section 7. Retention of Goods -- No pawnbroker shall
sell, remove or permit to be removed from his place of business,
any property received, until four (4) days after its receipt shall
have been reported to the Port Angeles Police Department.
Section 8. Transactions With Minors Prohibited - No
pawnbroker or second -hand dealer shall make transactions described
under this ordinance with any person under the age of eighteen (18)
years.
Chapter 12
MASSAGE PARLORS
Section 1. Definitions - The following definitions shall
apply to the provisions of this chapter:
(A) "Massage" - The treatment of the superficial parts of the
body with or without the aids of soaps, oils, lotions, by rubbing,
touching, stroking, tapping, and kneading, provided that no attempt
is made to adjust or manipulate the articulations of the spine.
(B) "Massage Operator" - Any person engaged in the practice
of massage.
(C) "Massage Business" - The operation of a business where
massages are given.
Section 2. License Required - No person shall operate,
or cause to be operated, a massage business in the city without
first securing from the City Clerk a
business license for that purpose.
Section 3. Applications - Contents - In addition to all
other information required of an applicant for a business license
an applicant for a massage parlor license shall
provide the following information:
(A) Names and addresses of all massage operators employed by
the applicant.
(B) Copies of licenses issued by the Director of the State
Massage Examining Board for each massage operator employed or to
be employed by the applicant.
(C) Copy of the applicant's current massage business license
issued by the State of Washington.
Section 4. Newly Employed Massage Operators - Filing of
Certificate - Any person intending to be employed as a massage
operator in the City of Port Angeles, shall, prior to commencing
employment, file a copy of a valid license issued by the Director
of the State Massage Examining Board, if the owner or operator of
the massage business at which the operator is to work has not
previously done so.
Chapter 13
OUTDOOR MUSIC FESTIVALS
Section 1. Purpose - This chapter is an exercise of
the police power for the protection of the health, welfare, and
safety of the residents of the City of Port Angeles, to provide
for the orderly and lawful conduct of outdoor music festivals, by
assuring that proper sanitary, health, fire, safety and police
measures are maintained.
Section 2. Definitions - The following definitions
shall apply to the provisions of this ordinance:
(A) "Applicant" - A person who is the promoter of
an outdoor music festival and who applies to the City for a
license to hold an outdoor music festival.
(B) "Participate" - To knowingly provide or deliver
to the festival site supplies, materials, food, lumber, beverages,
sound equipment, generators, or musical entertainment and /or to
attend a music festival.
(C) "Outdoor Music Festival" or "music festival" or
"festival" - An assembly of persons gathered primarily for out-
door, live or recorded musical entertainment, where the predicted
attendance is three hundred persons or more, and where the dura-
tion of the program is four hours or longer.
Section 3. License - Required - Compliance - No person
shall knowingly allow, conduct, hold, maintain, cause to be
advertised, permit, or participate in an outdoor music festival
within the City without first securing from the City Clerk
upon a business license for such purpose.
Such festival shall be conducted in accordance with the require-
ments of this ordinance. One such licenseshall be required for
each outdoor music festival, and such permit shall allow conduct
of a festival for no more than five (5) consecutive days. Any
person failing to comply with the rules, regulations, or condi-
tions contained in this chapter shall be subject to the penalties
prescribed by this ordinance.
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Section 4. Application for License - Contents - Applica-
tion for an outdoor music festival license shall be made not less
than thirty days prior to the first scheduled day of the festival,
and shall be accompanied by the proper permit fee. In addition
to all other information required of an applicant for a business
license, each applicant for an outdoor music festival
shall provide the following information:
(A) The name of the person or other legal entity on
behalf of whom said application is made; provided, that a natural
person applying for such permit must be eighteen years of age or
older;
(B) Financial statement of the applicant;
(C) Nature of the business organization of the appli-
cant;
(0) Names and addresses of all persons having a ten
percent or more proprietary interest in the festival;
(E) Principal place of business of the applicant;
(F) Legal description of the land to be occupied, the
name and address of the owner thereof, together with a document
showing the consent of the said owner to the conduct of an out-
door music festival if the land be owned by a person other than
the applicant;
(G) The scheduled performances and program;
(H) Written confirmation from the local health officer
that he has reviewed and approved plans for site and development
in accordance with rules, regulations and standards adopted by the
state and local boards of health;
(I) Written confirmation from the chief of police of
the City that police have been contracted for or otherwise pro-
vided by the applicant meeting the following conditions:
(1) One commissioned police officer or deputy
sheriff for each two hundred persons reasonably expected to be in
attendance at any time during the event for purposes of traffic
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and crowd control outside the confines of the actual outdoor
music festival; which officers shall be present outside the
festival for a minimum of two (2) hours before the beginning and
two (2) hours after the close of the festival;
(2) One commissioned police officer or deputy
sheriff for each two hundred persons reasonably expected to be in
attendance at any time, which officer shall be within the con-
fines of the actual outdoor music festival for the entire time
it is open to the public;
(J) Written confirmation from the chief of police of
the City that sufficient access roads are available for ingress
and egress to the parking areas of the festival, and that parking
areas are available on the site of the festival or immediately
adjacent thereto which are capable of accommodating one auto for
every four persons in estimated attendance at the outdoor music
festival;
(K) Written confirmation from the fire chief of the
City that all fire prevention requirements have been complied
with;
(L) Written statement of the applicant that all state
and local law enforcement officers, fire control officials and
other necessary governmental personnel shall have free access to
the site of the outdoor music festival at any time during the
festival;
(M) Written statement that the applicant will abide by
all requirements of this ordinance;
(N) Verification of the applicant warranting the truth
of all matters set forth in the application to the best of appli-
cant's knowledge, under the penalty or perjury.
Section 5. Application - License Fee - The fee for
any outdoor music festival shall be based upon the reasonably
expected attendance at such festival, and shall be as follows:
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(A) If the reasonably expected attendance is less than
five hundred (500) persons, the fee shall be fifty ($50) dollars;
(B) If the reasonably expected attendance is more than
five hundred (.500) but less than one thousand (1,000) persons,
the fee shall be two hundred fifty ($250) dollars;
(C) If the reasonably expected attendance is more than
one thousand (1,000) persons, the fee shall be five hundred ($500)
dollars;
(D) If, after the festival, the actual attendance ex-
ceeded the reasonably expected attendance upon which the fee
amount was based, the applicant shall immediately remit to the
City the amount required for a license for the festival, based
upon that actual attenance.
Section 6. Cash Deposit or Surety Bond - Insurance -
(A) After approval of a license application,
the applicant shall deposit with the City a cash deposit
or surety bond, in an amound of two hundred fifty ($250) dollars.
The bond or deposit shall be used to pay costs or charges incurred
to regulate the health or to clean up the festival grounds after
the festival, or any extraordinary costs or charges incurred to
regulate traffic or parking. The bond or other deposit shall
be returned to the applicant when the City is satisfied that no
further claims for damage or loss will be made, or that the loss
or damage claimed is less than the amount on deposit, in which
case the uncommitted balance thereof shall be returned. In any
event, such bond or cash deposit or uncommitted portion thereof
shall be returned not later than thirty (30) days after the last
day of the festival. The cash deposit or surety bond required
by this section shall be waived by the City, if the applicant
presents evidence that a cleaning deposit has been required by,
and made to, the owner of the premises upon which the festival
is to be conducted.
•
(B) After approval of a license application, the appli-
cant shall furnish evidence that he has in full force and effect
a liability insurance policy in the amount of not less than one
hundred thousand ($100,000) dollars bodily injury coverage per
person and one hundred thousand ($100,000) dollars property
damage, covering any bodily injury or property damage negligently
caused by any officer or employee of the festival while acting
in the performance of his or her duties. The policy shall name
the City of Port Angeles as an additional named insured.
Section 7. Dispersal of Assembly - After the conclusion
of the festival, no person, other than the applicant, his employees
or agents, performers, and authorized law enforcement personnel,
shall be permitted to remain at the location of the festival for
more than two (2) hours after the conclusion of the festival.
Section 8. Hours of Operation - No outdoor music festi-
val shall be conducted between the hours of 11:00 PM and 7:00 AM.
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•
Chapter 14:
PEDDLERS and HAWKERS
Section 1. Definitions - The following definitions
shall apply to the provisions of this chapter:
(A) "Peddler" - Any person who carries goods, wares or
merchandise, articles, things or personal property of whatever
nature or description, including the sale of processed food, from
house to house, place to place or upon any street, highway or
public place within the City, for sale, while soliciting the same
for sale, is hereby defined to be a peddler in the meaning of this
ordinance; provided, however, that any farmer selling food, farm
or dairy products shall be exempt from the terms of this ordinance
pursuant to RCW 36.71.090.
(B) "Hawker" - Any person selling or offering for sale, any
goods, wares or merchandise, articles, things or personal property
of whatever nature or description, including processed food, except
newspapers, by peddling the same from house to house or upon any
street, highway or public place, who shall make public outcry or
give any musical or other public entertainment or make any public
speech to draw customers.
Section 2. Hawking Prohibited - Hawking is hereby
declared to be unlawful, except that such activities shall be
permitted in conjunction with the retail sale of foodstuffs at any
sporting or other major civic event.
Section 3. Peddling in Certain Areas of the City Pro-
hibited - Peddling at private residences in the City of Port
Angeles, without a request or invitation to do so by the owner or
occupant of such private residence, for the purpose of soliciting
orders for the sale of goods, is hereby declared to be unlawful.
Section 4. Peddling - License Required - No person
shall peddle, as permitted, in the city without first obtaining
from the City Clerk a business license
for such purpose.
•
Section 5. Peddling - Regulations.
(A) Any person selling edible foodstuffs my means of peddling,
shall be subject to the following regulations:
(1) No radio or other sound device shall be used to
attract the attention of the public.
(2) A receptacle of adequate size shall be provided on
or about the premises where said unit is located for the deposit
of refuse and waste.
(3) Any person operating a mobile unit for purposes of
vending foodstuffs shall be required to move said unit every
thrity minutes.
(4) Any mobile unit established for the purpose of
peddling foodstuffs which does not comply with the provisions of
this section of this ordinance shall be deemed a restaurant, and
subject to the rules and regulations governing restaurants.
(B) Any person selling goods other than foodstuffs by means
of peddling shall be subject to the following regulations.
(1) Any vehicle carrying goods for sale by peddling
shall not be allowed to remain more than ten (10) minutes in any
one place.
(2) Any such vehicle shall be immediately moved from
the front or rear of a place of business or property where the
owner or occupant of such place of business or property has
requested the vehicle be moved.
Chapter 15
PRIVATE SECURITY FIRMS
Section 1. Definitions - The following definitions
shall apply to the provisions of this chapter:
(A) "Contract guard or patrol agencies" - Any person
who provides privately employed guards or patrolmen for a fee.
(B) "Contract investigative agency" - Any person who
provides private investigative services for a fee, except indi-
viduals investigating bodily injury or property damage actions
under the supervision of a licensed attorney.
(C) "Credit investigation agencies and credit investi-
gators" - Businesses and persons who conduct investigations pri-
marily to furnish information as to the business and financial
standing and credit responsibility of persons, firms or corpora-
tions.
(D) "In -house guard forces" - Private guard services
exclusively in connection with the affairs of the one business
that employes them.
(E) "In -house investigative forces" - Private investi-
gative services exclusively in connection with the affairs of the
one business that employs them.
(F) "Private guards" - Persons who, by any means, in-
cluding the monitoring of intrusion alarms, protect or attempt to
protect persons or property from damage, injury, loss, or any
criminal act and includes "guard dogs," "watchmen," "security
officer," "protective agent," "merchant guard," and "special
officer."
(G) "Private /merchant patrolmen" - Persons who perform
the same functions as guards, but do so at a number of different
locations, access to which is accomplished by means of travel on
public property.
(H) "Private investigators /detectives" -- Persons who
conduct investigations for a contract investigative agency, in-
cluding undercover agents employed by contract agencies, but ex-
cluding in -house investigative force employees, credit investi-
gators, insurance investigators and adjusters.
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(I) "Private Investigation" - Investigations by a privately
employed person(s) for the purpose of obtaining information con-
cerning:
(1) Crimes or wrongs, done or threatened;
(2) The identity, habits, conduct, movements, where-
abouts, associations, transactions, credibility, reputation,
employment history, criminal record, or character of any person(s.),
group, or business, for any purpose;
(3) The location of lost or stolen property;
(4) The causes and responsibility for fires, libel,
slander, losses, accidents or injuries; and /or
(5) The whereabouts of missing persons.
(J) "Private security" - All privately employed guards,
investigators, detectives, patrolmen, and any other persons
performing similar security functions or services, including the
monitoring of systems for the detection of unauthorized entry -
so called "burglar alarms."
(K) "Permanent employee" - All personnel employed by a
private security licensee for more than forty -five calendar days
in any year.
(L) "Temporary employee" - All personnel employed by a
private security licensee for less than forty -six calendar days in
any year.
Section 2. License Required - No person shall operate,
or cause to be operated a contract investigative agency, contract
guard or patrol agency, nor shall they advertise, solicit, nor in
any way promise to nor inform anyone that they will perform such
services in Port Angeles, without first securing from the City
Clerk a business license for such
purpose.
Section 3. Exemptions - The provisions of this chapter
shall not apply to:
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(A) In -house guard and /or investigators.
(B) An officer of employee of the United States of America,
or of this state or a political subdivision thereof, while the
employee or officer is engaged in the performance of official
duties.
(C) A person engaged exclusively in the business of obtaining
and furnishing information in relation to the financial rating of
persons.
(D) An attorney -at -law in performing his duties.
(E) Insurers, agents, and insurance brokers licensed by the
state, performing duties in connection with insurance transacted
by them.
Section 4. License - Application.
(A) In addition to all other informationrequired of an
applicant for a business license, an applicant for a private
security firm license shall provide the following
information:
(1) Name under which the applicant intends to do
business;
(2) A statement as to the general nature of the business
in which the applicant intends to engage;
(3) Whether or not a firearm or other weapon is to be
used in connection with the applicant's duties as a licensee;
(4) A statement as to the classification under which
the applicant desires to be qualified;
(5) The full name and residence address of each of its
officers, partners, and directors, if the applicant is an entity
other than an individual;
(6) Three recent photographs of the applicant, of a
type to be prescribed by the City Clerk;
(7) A classifiable set of fingerprints;
(8) A statement of experience qualifications;
(9) Employment history for five years preceding the
date of application;
(10) A list of arrests, convictions or confinements;
and
(11) Any other information, evidence, statements, or
documents as may be required by the Chief of Police.
(B) The applicant for a license, under the provisions of
this chapter, shall be eighteen years of age or older, fluent in
the English language, and have two years experience in security
work determined to be adequate by the Chief of Police. In the
case of a corporate applicant, application shall be made jointly
in the name of the corporation and the individual responsible for
activities regulated by this ordinance and the license shall be
personal to such individual, and such individual shall meet all
requirements of any other applicant. Security work experience
determined to be adequate shall include, but is not limited to,
the following:
(1) Two years active experience in security work while
in the military service.
(2) Two years active experience in public law enforce-
ment.
(3) Successful completion of two years of college level
study in law enforcement, police science, criminology, or areas
of like nature.
(4) Successful completion of a course of study which
provides sufficient material to enable students thereof to operate
competently as a licensee under this chapter;
(5) Two years active experience as a registrant under
the provisions of this chapter;
(6) Any combination of the above acceptable to the
Chief of Police.
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Section 5. Procedures Required of Licensees -
Licensees shall perform private security services in such fashion
that no interference with the Port Angeles Police Department will
result. Regarding this end, licensees shall:
(A) Recommend to their customers that, in the event of a
police problem, the customer should first call his /her respective
police department.
(B) If a customer calls about a law enforcement problem
within the City, instruct the customer to call the department of
police.
(C) Instruct its employees that, if a situation involving
possible department of police interest is observed, the employee
will immediately notify the department of police.
(D) If any sign of entry within the City is noticed by an
employee on duty, instruct employees to immediately notify the
department of police.
(E) Immediately inform the department of police upon any
unauthorized entry signal from premises located within the city.
(F) Use all reasonable efforts to inform and advise their
present and prospective officer, directors, partners, agents,
representatives, employees, and all other persons acting under,
for, or on behalf of the licensee, of the provisions of this
chapter, and direct them to comply therewith.
Section 6. Background Check. Each person, as defined
in this ordinance will be subject to a background check, as
determined by the Chief of Police through the department of police.
In the case of persons applying for registration as temporary
employees of a registrant, the background check may be limited
to an examination of the records of only those law enforcement
agencies located within Clallam County. The department of
police shall send a letter to the City Clerk concerning the
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background of the applicant, which may contain any objection or
recommendation as to the application. The Chief of Police may
require fingerprinting or photographs of all applicants for any
licensee described in this ordinance.
Section 7. License - Scope and Classification.
(A) No person may engage in any private security operation
outside the scope of his license.
(B) For the purpose of defining the scope of licenses, the
following license classifications are established:
(1) Class A: Contract investigative agency, covering
operations as defined in Definitions (B), (H) and (I) or any of
them.
(2) Class B: Contract guard or patrol agency, covering
operations as defined in Definitions (A) and (G) or either of
them.
(3) Class C: Covering the operations included within
Class A and Class B.
Section 8. License - Fees - Fees for licenses under the
provisions of this ordinance are fixed as follows:
(A) Class A license - $200 per year.
(B) Class B license - 5 or more registrants - $150 per year.
- 4 or less registrants - $ 75 per year.
(C) Class C license - $300 per year.
Section 9. License - Denial - The City Clerk may deny
a license application, if any applicant has:
(A) Committed any act, which, if committed by a licensee,
would be grounds for the suspension or revocation of a license
under the provisions of this ordinance;.
(B) Committed any act constituting fraud,;
(C) Committed any act resulting in conviction of a felony or
any crime involving moral turpitude;
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(D) A record, based upon reliable evidence, which leads to
the reasonable conclusion that the applicant is not competent to
perform the duties and fulfill the responsibilities of licensee
under the provisions of this ordinance;
(E) Been refused a license under the provisions of this
ordinance or had a license revoked; provided, however, that any
applicant denied a license under the provisions of this ordinance
may reapply after six months if the basis for such denial no
longer exists;
(F) Been an officer, director, or partner who knowingly
participated or acquiesced in the acts or conduct of any person,
as defined by this chapter, for which that person was refused a
license, or whose license was revoked under the provisions of
this ordinance;
(G) While unlicensed, committed or aided and abetted the
commission of any act for which a license is required under the
provisions of this ordinance;
(H) Failed to successfully complete the firearms test re-
quired in this ordinance;
(I) Made any false statements in his application; or
(J) Failed to comply with the requirements of section deal-
ing with procedures.
Section 10. License - Revocation or Suspension
(A) The City Manager may suspend or revoke a license issued
under the provisions of this ordinance if he determines that the
licensee, or any officer, director, or partner of a licensee have:
(1) Made any false statement or given any false information
in connection with an application for a license or a renewal or
reinstatement of a license.
(2) Violated any of the provisions of this ordinance.
(3) Been convicted of a felony or any crime involving moral
turpitude.
(4) Illegally used, carried or possessed a dangerous weapon.
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•
(5) Violated any rule of the Chief of Police adopted pur-
suant to his authority contained in this ordinance.
(6) Committed or permitted any employee to commit any act,
while the license was expired, which would be cause for the
suspension or revocation of a license, or grounds for the denial
of an application for a license.
(7) Knowingly violated, or advised, encouraged, or assisted
the violation of any court order or injunction in the course of
business as a licensee.
(8) Acted as a runner or capper for any attorney.
(9) Committed any act which is a ground for denial of an
application for license under the provisions of this ordinance.
(B) The City Manager may suspend or revoke a license
issued under the provisions of this ordinance if he determines
that the licensee, as an officer, director or partner of a licensee
has knowingly employed, or knowingly has in their employment, any
person who:
(1) Has committed any act, which, if committed by a licensee,
would be grounds for suspension or revocation of a license under
the provisions of this ordinance.
(2) Has been convicted of a felony or any crime involving
moral turpitude.
(3) Has a record, based upon reliable evidence, which leads
to the reasonable conclusion that the applicant is not competent
to perform the duties and fulfill the responsibilities of a
registrant under the provisions of this ordinance.
(4) Does not possess a valid registration card issued under
the provisions of this ordinance.
(C) The City Manager may suspend or revoke a license
issued under the provisions of this ordinance if he determines
that the licensee or an officer, director, partner or employee of
a licensee has committed or used any unfair or deceptive acts or
practices in the course of the licensee's business. Examples of
such acts and practices are:
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(1) Engaging in retail installment transactions with members
of the public in the State of Washington without complying with
all applicable laws.
(2) Using a name different from that under which he is
currently licensed on any advertisement, solicitiation, or
contract for business.
(3) Knowingly making a false report to his employer or
client for whom the information was being obtained.
(4) Wilfully failing or refusing to render a client services
or a report as agreed between the parties and for which compensa-
tion has been paid or tendered in accordance with the agreement
of the parties, if required by law.
(5) Making any false, deceptive or misleading representations
to members of the public concerning the qualifications of employees
and agents of the licensee, the nature or extent of the services
provided by the licensee, or the costs to members of the public of
services by the licensee.
(6) Manufacturing evidence.
(7) Knowingly making a false statement relating to evidence
or information obtained in the course of employment, or knowingly
publishing a slander or libel in the course of business.
(8) Accepting employment adverse to a client or former
client relating to a matter with respect to which the licensee has
obtained confidential information by reason of or in the course
of his employment by such client or former client.
Section 11. New Officers - Applications, on forms
prescribed by the City Clerk shall be submitted by all new officer
or partners. The City Clerk may suspend or revoke a license
issued under the provisions of this ordinance if he determines
that at the time the person becomes an officer or partner of a
licensee, any of the facts in sections dealing with the denial of
license or revocation and suspension of license exists as to such
person.
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Section 12. Licensee Responsible for Conduct of
Employee - A licensee shall at all times be legally responsible
for the good conduct of each employee while on duty.
Section 13. Emergency Equipment - It is unlawful for
any licensee, or his agents, to use emergency equipment, such as
sirens and flashing red or blue lights, on vehicles owned or
operated by the licensee, except as specifically authorized or
licensed by the State of Washington or any of its political
subdivisions.
Section 14. Certain Practices Prohibited
(A) It is unlawful for a licensee to represent to members
of the public in any way, either directly or indirectly or by
implication, that the licensee is an official or semi- official law
enforcement organization or that employees, agents or solicitors
of the licensee are authorized by the State of Washington or any
of its political subdivisions to act as law enforcement officers,
including, by way of example but not limitation, the following
conduct:
(1) Use of any name or initials in the course of busi-
ness which has the capacity or tendency to convey said representa-
tion to members of the consuming public, including but not limited
to any name using the words "police," "department," "Port Angeles
Police," or "Clallam County Deputy ";
(2) Use of any uniform, badge, insignia, business card,
stationery or any other device, object, or type of apparel, which
is not readily distinguishable to average members of the consuming
public from such devices, objects or types of apparel which are
used by authorized law enforcement officers.
(3) Use any uniform, badge, insignia, title, or identi-
fication card, or make any statement with the intent to give an
impression that the licensee is connected in any way with the
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federal government, a state government, or any policitcal
subdivision of either.
(4) Use any letterhead, advertisement, or other printed
matter, or in any manner illegally represent that the licensee
is an instrumentality of the federal government, state government,
or any political subdivision of either.
(B) It is unlawful for any licensee to engage in any acts,
practices, or conduct which hampers the operations and activities
of authorized law enforcement and public safety officials.
(C) It is unlawful for any licensee or any agent thereof to
broadcast upon any radio frequency of which the City of Port
Angeles is the sole licensee.
Section 15. Uniforms - Approval Required - No license
shall be issued under the provisions of this ordinance until
approval is given by the Chief of Police of the uniforms and
accouterments to be worn by registrants of the licensee. The
Chief of Police shall not approve any uniform which bears a signif-
icant resemblance to that of a public law enforcement agency of
the State of Washington.
Section 16. Divulgence of Information - Any licensee
or officer, director or partner of a licensee shall divulge to any
law enforcement officer or prosecuting attorney, or his representa-
tive, any information he may acquire as to any criminal offense,
as he may be required by law so to do; provided, however, that he
shall not be required to divulge to any person other than the
above any information acquired by him except at the direction of
the employer or client for whom the information was obtained.
Failure to comply with the disclosure requirement of this section
or subsection (E) of Section 5 shall constitute a gross misdemeanor
and be punishable as such.
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Section 17. Advertisements - Solicitation of Business.
(A) Every advertisement by a licensee advertising or
soliciting business shall contain his company name and address as
they appear in the records of the City Clerk.
(B) Licensees, in their promotional literature and oral
sales presentations to members of the public, shall not claim any
relationship or affiliation with any official or semi - official
law enforcement organization. Such literature or sales presenta-
tion shall be accompanied by an accurate and clear description of
the services which the licensee does in fact offer or provide.
(C) Solicitors performing oral sales presentations to members
of the public shall not carry weapons.
Section 18. Surety Bond Required.
(A) No license shall be issued under the provisions of
this ordinance unless the applicant files with the City Clerk a
surety bond executed by a surety company authorized to do business
in this state in the sum of ten thousand ($10,000) dollars condi-
tioned to recover against the principal, its servants, officers,
agents, and employees by reason of the applicant's wrongful or
illegal acts in conducting such business licensed under the
provisions of the ordinance; provided, however, that applicants
requesting a Class B license, who employ four or less registrants,
shall be permitted to file a five thousand ($5,000) dollar surety
bond. The City Clerk shall require a certified copy of said bond
to be filed in her office.
(3) The bond required by this ordinance shall be made
payable to City of Port Angeles, and anyone so injured by the
principal, its servants, officers, agents, and employees, shall
have the right and shall be permitted to sue directly upon the
obligation in their own names, and the obligation shall be subject
to successive suits for recovery until complete exhaustion of the
face amount thereof.
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Section 19. Insurance Coverage Required.
(A) No license shall be issued under the provisions of
this ordinance unless the applicant files with the City Clerk a
certificate of insurance naming City of Port Angeles as an addi-
tional insured.
(B) Minimum coverage is fixed as follows:
Bodily injury - one hundred thousand ($100,000) to
three hundred thousand ($300,000) dollars;
Property damage - one hundred thousand ($100,000)
dollars.
Section 20. Bond and Insurance - License Suspension or
Denial for Failure to File.
(A) Every licensee shall at all times maintain on file
with the City Clerk the surety bond and insurance required by this
chapter in full force and effect and upon failure to do so, the
license of such licensee shall be suspended and shall not be
reinstated until this requirement is met.
(B) The City Clerk shall deny the application for a
license if the applicant fails to satisfy the surety bond or
insurance requirements.
(C) The City Clerk may refuse to reinstate a license not-
withstanding the licensee's compliance with this section, if,
during the suspension, the City Clerk:
(1) Finds any reason which would justify refusal to
issue or justifies a suspension or revocation of license; or
(2) Finds performance by an applicant of any practice,
while under suspension for failure to keep his surety bond or
insurance in force, for which a license under the provisions of
this ordinance is required.
Section 21. Branch Offices - Each licensee shall file in
writing with the City Clerk the address of each branch office, and
within fourteen (14) days after the establishment or closing of
such office, or change of location of a branch office, shall notify
the City Clerk in writing of such fact.
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Section 22. Registration of Employees.
(A) Except as otherwise provided in this ordinance, every
employee of a licensee, including dispatchers, and solicitors,
shall be registered with the City Clerk in the manner prescribed
by the provisions of this ordinance.
(B) The application for registration under the provisions
of this ordinance shall be on a form prescribed by the City Clerk
and shall include:
(1) Full address, telephone number, date of birth, and
place of birth;
(2) A listing of any and all aliases used by the
applicant;
(3) The name and address of the licensee and the date
employment commenced;
(4) A letter from the licensee requesting that the
employee be registered under his license;
(5) The title of the position occupied by the employee
and a description of his duties;
(6) Whether or not a firearm or other weapon is to be
used by the employee in connection with his duties as a registrant
(7) Two recent photographs of the employee, of a type
described by the City Clerk, and a classifiable set of finger-
prints;
(8) Employment history for five years preceding the
date of the application; and
(9) Such other information, evidence, statements, or
documents as may be required by the City Clerk.
(C) Application rfor registration of temporary employees
under the provisions of this ordinance shall include, in addition
to the data required under subsection (B) above, the following:
(1) The length of time during which the applicant has
continuously been a resident of Clallam County; and
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(2) Any other data as may be required by the City Clerk
which in the opinion of said Clerk indicates the applicant's ties
to the community.
Section 23. Licensees and Registrants - Knowledge and
Ability to use Firearms.
(A) An applicant for a license or registration who uses a
firearm in connection with employment regulated under the provis-
ions of this ordinance shall be tested by the Chief of Police or
his designee in order to determine that such applicant has
sufficient knowledge and ability to use such firearm in a competent
and safe manner.
(B) The content of such test shall be determined by the
Chief of Police.
Section 24. Registration - Exempt Employees - Notwith-
standing any other provision of this ordinance, employees of a
licensee who are employed exclusively in stenographic, typing,
filing, clerical or other activities which do not constitute the
work of providing private security as described in this ordinance
shall not be required to register under the provisions of this
ordinance.
Section 25. Registration - Denial, Suspension or
Revocation.
(A) The City Clerk may refuse to register any employee, or
may suspend, or revoke a previous registration, if the individual
has committed any act which, if committed by a licensee, would be
a ground for refusing to issue a license, or for the suspension or
revocation of a license under the provisions of this ordinance.
(B) The City Clerk shall refuse to register for employment
as a temporary employee any applicant who has not been a resident
within Clallam County, Washington, continuously for longer than
five years immediately preceding the date of said application for
registration.
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Section 26. Registration - Issuance - Upon completion
of registration the City Clerk shall issue to the registered
employee a registration card, which shall be carried on his person
at all times. The exhibition of this card by the licensee shall
be considered prima facie evidence that the person is registered
by the City of Port Angeles under the licensee's license number.
Section 27. Termination of Registrant With Licensee -
Each person registered under the provisions of this ordinance
whose employment has been terminated with the licensee shall
immediately surrender his registration card to the licensee, and
the licensee shall surrender same within seven days thereafter to
the City Clerk for cancellation. A notation stating that the
registered employee was terminated and for what cause may be
enclosed with the registration card. The licensee shall notify
the City Clerk in writing within a reasonable time of any change
in the resident address of a registered employee.
Section 28. Registration - Fee - The registration fees
for employees of a licensee are fixed as follows:
(A) Permanent employees: Twenty -five ($25) Dollars per
year and Fifteen ($15) Dollars per year for renewal thereof.
(B) Temporary employees: Seven ($7) Dollars, renewal of
which is hereby prohibited; provided, however, that in the event
that a temporary employee applies for registration as a permanent
employee of any licensee within one year of registration as a
temporary employee, the City Clerk shall deduct from the initial
fee for registration of permanent employees such fee as was
previously collected from the applicant, allowing a credit there-
for against such initial fee.
Section 29. Renewal of License, Registration or Permit
Late Penalty - A late penalty shall be charged on all applications
for renewal of a license, registration or permit received later
than ten (10) working days after the expiration date of such
license, registration or permit as set forth in the respective
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•
resolution or ordinance establishing the expiration date of such
license, registration or permit. The amount of such penalty is
fixed as follows:
(A) For a license, registration or permit requiring a fee
of fifty cents or more, but less than fifty dollars - twenty
percent of the required fee.
(B) For a license, registration or permit requiring a fee
of fifty dollars or more, but less than one thousand dollars -
ten percent of the required fee.
(C) For a license, registration or permit requiring a fee
of one thousand dollars or more - five percent of the required
fee.
Section 30. Additional Enforcement - Notwithstanding
the existence or use of any other remedy, the Chief of Police may
seek legal or equitable relief to enjoin any acts or practices
which constitute or will constitute a violation of any business
license ordinance or other regulations herein adopted.
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Chapter 16
RELIGIOUS SOLICITATION
Section 1. Permit Required - No person shall solicit
for religious purposes in the City of Port Angeles without having
first obtained a permit from the City Clerk for which no fee shall
be assessed.
Section 2. Permit Application - Contents - The applica-
tion shall contain the following:
(A) Name and address of the applicant.
(B) Name and address of the religious organization.
(C) Corporate name and principal place of business of the
religious organization.
(D) Proof of membership in the religious organization as to
each individual applicant.
(E) Sample of materials which the applicant intends to
distribute, whether or not contributions will be solicited for
those materials.
(F) Statement as to any salary or compensation received by
the applicant from the religious organization.
Section 3. Permit Application - Affidavit - Any person
requesting a permit to solicit pursuant to the terms of this
chapter shall sign an affidavit attesting that:
(A) All information contained in the application is true and
correct.
(B) The applicant will solicit for religious purposes only.
Section 4. Permit Renewal - Any permit issued pursuant
to the terms of this chapter shall be valid for a period of one (1)
year from date of issuance and may be renewed or re- issued.
Section 5. Permit - Carried on Person - Any person
soliciting for religious purposes in the City of Port Angeles
shall carry a valid permit from the City of Port Angeles on his
person while soliciting. Each solicitor shall produce the permit
upon demand of any person who is being solicited, or upon the
demand of any authorized city official.
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Section 6. Religious Solicitation - Regulations - The
following regulations shall apply to all persons soliciting for
religious purposes in the City of Port Angeles.
(A) No more than two members of any religious organization
may approach any individual or group of persons for the purpose
of soliciting contributions or express their religious beliefs at
any one time.
(B) Soliciting in a residential neighborhood shall be
limited to the hours of 10:00 AM to 7:00 PM.
(C) No person shall solicit within ten (10) feet of the
entrance or exit, ingress or egress of any retail establishment,
public building, or structure, without the express written per-
mission of the owner or other authorized person.
Chapter 17
MISCELLANEOUS PROVISIONS
Section 1. Severability - If any provisions of this
ordinance, or its application to any person or circumstance is
held invalid, the remainder of the ordinance, or application of
the provisions of the ordinance to other persons or circumstances,
is not affected.
Section 2. Savings - The ordinances repealed by this
ordinance are repealed, except with respect to rights and duties
which matured, penalties incurred, and proceedings begun before
the effective date of this ordinance.
Section 3. Payment of Fees - Year of Adoption
(A) For allbusinesses requiring a license under the terms of
this ordinance, which were not previously licensed by the City,
the annual business license fee for the license year 1979 -1980
shall be pro -rated as of the effective date of this ordinance.
(B) For all businesses previously licensed by the City, the
following procedures shall apply for the license fee to be paid
by that business for the license year 1979 -1980:
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(1) They shall pay the pro -rated portion of the annual
business license fees required under those ordinances repealed by
this ordinance, from July 1, 1979 to the effecitve date of this
ordinance.
(2) They shall pay the pro -rated portion of the annual
business fee established by this ordinance, from and after the
effective date of this ordinance for the remainder of the business
license year 1979 -1980.
(3) If the total license fee previously paid by the
business for the license year 1979 -1980 exceeds the fees due from
that business under subsections (1) and (2) of this section, such
business shall be 'refunded the excess over that amount. At the
option of the City Clerk, the amount to be refunded may be rounded
to the nearest dollar.
'Secti'on 4. Repealer - The following ordinances or
portions of ordinances, and the following portions of the Code of
the City of Port Angeles, are hereby repealed:
Ordinances Nos. 689, 874, 930, 971, 980, 1003, 1006, 1007, 1048,
1063, 1085, 1126, 1135, 1250, 1287, 1350, 1366, 1430, 1454, 1510,
1608, 1612, 1636, 1714, 1724, 1731, 1737, 1814, 1831 EXCEPT
section (23), 1960, 1968, 2001, 2023, 2031, and 2035; and all of
Title 5 of the Code of,the City of Port Angeles. '
Section 5. Effective' Date - This ordinance shall take
effect on January 1, 1980.
PASSED by the City Council of the City of Port Angeles
at a regular meeting of the Council held on the 18th day of
December, 1979.
TTEST:
arian C. Parrish-, City Clerk
PPROVFB�''AS TO FORM:
raig L Miller, City Attorney
UB SHED: 0271 ?79
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