HomeMy WebLinkAbout3215ORDINANCE NO. 3215
AN ORDINANCE OF THE CITY OF PORT ANGELES,
WASHINGTON AMENDING THE PORT ANGELES MUNICIPAL
CODE SECTIONS RELATING TO EMERGENCY MEDICAL
SERVICE REGULATION AND PUBLIC UTILITY.
WHEREAS, The City Council finds that ambulance and emergency medical services
(EMS) are essential services, and the availability of these services is vital to preserving and
promoting the health, safety, and welfare of people in the City; all persons, businesses, and
industries benefit from the availability of EMS; and survival rates can be increased when EMS
are available, adequately funded, and appropriately regulated; and
WHEREAS, RCW 35.21.766 and ESHB 1635, Chapter 482, Laws of 2005, affirms the
authority of the City Council to establish a system of ambulance service to be operated as a public
utility and provides statutory guidance in setting rates; and
WHEREAS, RCW 35.27.370(15) authorizes the City to operate ambulance sery ices and,
in the discretion of the City Council, to charge for such service; and
WHEREAS, In 1980, the Port Angeles City Council adopted Chapter 5.08 of the Port
Angeles Municipal Code (PAMC), which created an ambulance public utility for the purpose of
regulating the delivery of ambulance service within the City of Port Angeles; and
WHEREAS, In 1982 and 1983 the Port Angeles City Council determined that the City
did not have adequate ambulance service; specifically that the City needed Advanced Life
Support (ALS) service, but such service would not or could not be provided under the then
existing system. To remedy that, the City Council proposed a plan to provide ALS service
through the creation and funding of a Program to provide that service through an ambulance
utility known as Medic I; and
WHEREAS, In 1983, the Port Angeles City Council, following approval by a vote of the
people, adopted Chapter 8.36 of the PAMC, which created a "Medic I Program" for the purposes
of providing ALS service and of funding that service and the regulation of ambulance services
within the City of Port Angeles; and
WHEREAS, The Medic I Program was organized, instituted and constituted as part of the
City's public utility service; and
WHEREAS, The regulation of ambulance services, the funding, and the Medic I Program,
collectively, constitute the City's ambulance and EMS Utility ( "the EMS Utility"); and
WHEREAS, The EMS Utility assesses a monthly service fee set by the City Council; and
WHEREAS, The EMS utility, since its establishment in 1980, has regulated the delivery
of ambulance services to improve emergency medical and ambulance services by requiring
appropriate certifications, training, equipment, staffing, response times and level of care; and
WHEREAS, The Port Angeles City Council finds that currently, as was true in 1983,
private ambulance service does not adequately respond to calls for ALS emergency medical aid
in the City; and
WHEREAS, The City Council finds that all residents within the boundaries of the City
benefit from the availability of the EMS Utility; and that all residents should participate
financially in the payment of expenses for maintenance, operation, administration and
improvement of the EMS Utility; and
WHEREAS, The City Council finds it is in the best interests of the citizens of Port
Angeles to continue the Medic I Program service and the regulation of all ambulance services;
and to continue these functions as an EMS utility; and
WHEREAS, The City Council finds the fairest, most suitable and sustainable method for
funding the cost of regulating ambulance service and of providing Medic I ALS service is to
divide the costs, after transport charges and the general fund contribution, among Port Angeles
residents and occupants based on a combined demand and availability calculation consistent with
accepted principles of utility rate setting; and
WHEREAS, The Port Angeles Fire Department analyzed data on emergency medical
responses and determined that demand for service and service usage varies among use
classifications; and
WHEREAS, The City Council finds there are distinct differences in demands placed on
the Utility among the following classifications:
1. Residential
2. Adult family homes
3. Assisted living facilities
4. 24 -Hour nursing facilities
5. Group homes
6. Jail facilities
7. Schools
8. Commercial /Business
9. City public areas;
and
WHEREAS, Non -City residents, who do not pay the Utility fee but who receive service,
will be charged the full cost of service and thus will incur greater expense for service than
residents of the City who pay the EMS Utility charge; and
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WHEREAS, The City Council held an open public hearing of these proposed amendments
on September 6 and 20, 2005;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings of Fact
The Port Angeles City Council hereby adopts the foregoing recitals as its findings of fact
and legislative history supporting the continuation of the EMS Utility and adoption of the
amendments described in this Ordinance.
Section 2. Chapter 13.73 PAMC, Ambulance Service Utility. Chapter 8.36 PAMC shall
be re- codified and amended as a newly created Chapter which shall be Chapter 13.73 in Title 13
of the Port Angeles City Code, as follows:
aptt. .
U1pOSc.
.JU.VJ
IL, 1 rloglam
alc 1- tJualgL.
wc 1- 1 ayn1c11t.
il}ingfui A�nbalallcc Transports;
1 &1ty /cy Of LOW- InLOiliC NOn- Rcs/dcilts.
8.36.020 M.dic I Pio an Lstabli
tl1c I'uc Dcya/tu/cllt a Mcdic
,i I Ihvgl aul lv Y1uvldc
slviwS. (01d. 2274 §1, 12/1/83)
11 Angch,o ollall ill St/tutc tl1iu ig11
c1 gc11cy u1.U1ca1 ail U a(1va11wU lllc �u11Yv1
pancics as dctlntd 111 t11c U1 1t01u1 llarlding (Jock, piovidcd that tiro
y GD11t, ($7.50) pet 1no11th. (01d. 3143 §1 (part), 7/25/2003, 01d. 3139 §1,
, wu. .law y1, 1< /1L /Lw1, v1U. JUUJ, 1L/VU /LVVV, ViQ. JUJU, 11 /Ll/ /77, Vla. L7lRS7
, ViV. <JJO yY, V /1J /J /, VIU. LIVL, 1L /L7 /7J, V1Q. LJ07 S(1, 1/1174, Vl a. LOO1 SI,
-3-
, v1u.
§1, 1/1/91, O. d. 2510 §1, 9/28/88, Old. 2381 §1, 3/1/86, Old. 2274 §1,
.UgU W K WC 1- 1'AyZueuL. 1lic nio11tllly eiiaigc tul
1,,, t1i ,,,.,utlily utility Lill of %wa,,11 ut,l,ty dccuu„ t w,tLu, th
,Jlu..tLl�s1,
•. •.• 1 • 2,0 U, 1/■•••I• re l RO1 ■r111.1•• •
the follow ing persons and busincsses shall notbe Li
1
,Ly res,di,,,t 061,0 TG51d1,51II a dwelling un,t 01 LC tac,lity within
y ,wiileut Lut fv, attcu a,x,c al such L,ducat,,,ua1
l dell non -, cs,dc,lt w1,0 isd p11111ary O, gel,elal Luoiuwa Owuc, w tlic City a„
pays the City's Monthly Medic I chaise. M0 iuelu& i
ith who ,esid.. w said busincs� ewile,, wllieh fang
• , • - , pan,uta, and s,autlpa,cuta. (Old.
.Gull,els il,ay ulelUne L1,G sp0LSe,
§ (part), 7/25/2003)
8.36.060 CIla1,tY I\icy or OA,- C0111 NOil- RLsldt,,to.
wve1edLyt1u111- yallypapa e,coteaG„aucial1,a,lship,tl,v,
wv1 Ua1,w w 11ll ill, 11,euu1e -DascU Ui t,u uul elidl L Qe v..IOp
ee l,ua, SL, 110
LLLa1 �L iiiay Ue wa,vl,l1 V, ,e
•
•
fed ,al p04 G1 ty guidcli,les for Washillgtoil $tali, aS ulay Le updated Of lev iscd fIMO tiln
Chapter 13.73
AMBULANCE SERVICE AND MEDIC I PUBLIC UTILITY
Part A -- Regulations applicable to all ambulance service.
13.73.005 Utility Continued
13.73.010 Definitions
13.73.020 Purpose
13.73.030 Utility Authorization
13.73.040 Regulations
13.73.050 License - Required
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13.73.060
13.73.070
License - Exhibition Required
Agreements with City
Part B -- Medic I Program
13.73.200 Purpose
13.73.210 Medic I Program Established
Part C -- Utility Rate Setting
13.73.300 Utility Charges
13.73.310 Payment
13.73.320 Fund Created
13.73.330 Billing for Ambulance Transports
13.73.340 Allocation of Direct Billing Revenue
13.73.350 Charity Policy for Low- Income Non - Residents
13.73.360 General Fund Contribution
13.73.370 Review by Utility Advisory Committee
Part D -- Charges Established
13.73.400
13.73.410
Charges Established
Medicaid Adjustment
PART A - REGULATIONS APPLICABLE TO ALL AMBULANCE SERVICE
13.73.005. Utility Continued. Pursuant to the authority of RCW 35.21.766, ESHB 1635,
Chaster 482 Laws of 2005 and 35.27.370 15 as now existin• or hereafter amended and the
police power of the City of Port Angeles to protect and preserve the public health, safety and
welfare the ambulance re' lato authorit established b the Cit in 1980 as Chaster 5.08
PAMC and the Medic I sro
am established in 1983 as Cha
ter
8.36
as
amended
are hereb
reauthorized, ratified and continued as a public utility of the City. The program is thus
reauthorized, ratified and continued, and for purposes of this Chapter, shall be referred to as "the
Utility"
13.73.010 Definitions. For purposes of this Chapter, the following terms shall have
the following meanings:
A. "Advanced Life Su s s ort" means invasive emer enc medical services re s uirin
advanced medical treatment skills as defined in Chapter 18.71 RCW.
B. "Ambulance" means a ground vehicle designed and used to transport the ill and
inured and to srovide sersonnet facilities and esui.ment to treat .atients before and durin_•
transportation.
C. "Ambulance Service" or "Ambulance Operator" means an agency, public or
private, that operates one or more ambulances, responding to a 911 or aid call for service within
the Ci includin advanced life su..ort basic life sus sort and trans sort services.
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D. "Basic Life Support" means noninvasive emergency medical sery ices requiring
basic medical treatment skills as defined in Chapter 18.73 RCW.
E. "Board" means the Port Angeles Medic I Board created pursuant to this Chapter.
F. "Emergency Medical Care" or "Emergency Medical Service" means medical
treatment and care which may be rendered at the scene of any medical emergency or while
transporting any patient in an ambulance to an as .ro.riate medical facilit includin • ambulance
transportation between medical facilities.
G. "Emergency Medical Technician" means a person who is authorized by the
Secretary of the Department of Health to render emergency medical care pursuant to RCW
18.73.081.
H. "Emergency Pre - Hospital Care Personnel" means personnel certified to provide
emergency medical care under Chapters 18.71 and 18.73 RCW.
I. "First Responder" means a person who is authorized by the Secretary of the
Department of Health to render emergency medical care pursuant to RCW 18.73.081.
J. "Medic I Personnel" means any person who is acting on behalf of the Port Angeles
Fire Depaitment and who has been certified as a paramedic or emergency medical technician.
K. "Operating an Ambulance" means 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 Port Angeles City
limits which repeatedly or customarily makes trips for hire to pick up the sick or injured from
within the City.
L. "Patient" means an individual who is sick, injured, wounded, or otherwise
incapacitated or helpless.
M. "Person" means any individual, firm, partnership association, corporation,
company, group of individuals acting together for a common purpose, or organization ofanykind,
including a govemment agency.
N. "Port Angeles Consolidated Dispatch" or "Dispatch" means the Police /Fire
Dispatch Center located within the Port Angeles Police Department.
O. "Response Time " means the time from the ambulance service being notified by
dispatch to arrival of the ambulance on scene.
P. "Secretary" means the Secretary of the Washington State Department of Social and
Health Services.
"Service Fee" means the monthly fee levied by the Utility upon persons within the
boundaries of the City.
R. "System" means the entire system of ambulance services provided by the Utility
or over which the Utility has regulatory control by virtue of contract, franchise, or other service
agreement or arrangement legally recognized by the City.
S. " Utility" means the City of Port Angeles, Washington Ambulance Service Utility,
including without limitation all equipment, employees, agents, supplies, overhead and other
associated costs incurred to deliver all regulatory and ambulance services.
13.73.020 Purpose. The purpose of the Utility is to regulate users and providers of
all ambulance services; to generate revenue to assist in paying for the regulatory scheme
authorized b this chaster to ensure 24- hourALS service within the Cit • to assist in .a 'n• for
the particular benefits conferred upon residents and other occupants within the City; and to
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mitigate the burdens on the system by the different users of the system.
13.73.030 Utility Authorization. The Utility shall have the authority, by and through
the Ci Mana • er or his/her des. !nee to collect and s end fee revenue authorized in this Cha, ter
in amounts sufficient to regulate, operate, and maintain the Utility.
13.73.040 Regulations. The City Manager, or his/her designee, is hereby authorized
to •romultate an and all re • lations necess to im•lement the •rovisions of this chaster
includin that all
ex.erienced
blic and
ivate ambulance
.r .roviders retain hi
personnel• maintain a
ate certifications and
h
rained
ualified and
ualifications insure
ro • riate
fleet mana•ement and equipment maintenance; satisfy minimum emer•enc vehicle
specifications; insure response times that protect the public health, welfare and benefit of all Port
Angeles residents, businesses and other ambulance customers; deliver a level of care service
consistent with or exceeding industry standards; comply with transport protocols; provide
procedures for customer inquiries and complaints and insure coordination with Port Angeles
dispatch and other public safety communications.
13.73.050 License - Required. No person shall operate, or cause to be operated, an
ambulance in the City without first securing from the City Clerk a business license in accordance
with Chapter 5.08 PAMC.
13.73.060 License - Exhibition Required. Each ambulance licensed pursuant to the
terms of this Chapter 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.
PART B - MEDIC I PROGRAM
13.73.200 Purpose. The purpose of this Part is to benefit the public health and
welfare by providing emergency medical and ALS services.
13.73.210 Medic I Pro . am. The Ci of Port An teles shall o • erate throw • h the Fire
De • artment a Medic I Pro a am to . rovide emer_• enc medical and advanced life su
It shall be one part of the Utility.
PART C - FEES
ort services.
13.73.300 Utility Rate Setting
1. Fee Formula. A monthly service fee for the operation of the Utility shall be
established from time to time by ordinance of the City Council in conformity with RCW
35.21.766. The amount of the fee shall be based upon cost of regulating ambulance service and
the cost of •rovidin Medic I as determined b a cost -of- service stud done •ursuant to RCW
35.21.766(3). Those costs, after transport charges and the general fund contribution, shall be
divided among Port Angeles residents and occupants based on a combined demand and
availabili calculation consistent with acce•ted •rinci•lesofutili ratesettin•
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The rate attributable to costs for availability of the Utility shall be uniformly
a•.lied across user classifications within the Utilit . The rate attributable to costs for demand
services of the Utility shall be established and billed to each utility user classification based on
each user classification's burden on the Utility. The fee charged by the Utility shall reflect a
combination of the availabili cost and the demand cost. The resultin• fee shall be assessed to
identifiable use classifications.
Fees will not exceed the revenue re• uirements to cover the costs of the Utilit , as
authorized b the Ci Council b ado tion of an annual bud • et and subse•uent amendments.
2. Classifications. The monthly service fee shall be collected from each of the
following utility user classifications:
Residential
Adult family homes
Assisted living facilities
24 -Hour nursing facilities
Group homes
Jail facilities
Schools
Commercial /Business
City public areas
The owner or occupant of each unit in such classifications shall be responsible
for •a ent of this utility fee for the availability and use of ambulance services.
3. Service Fee Exemptions/Reductions.
All vacant, unoccupied parcels are exempt from the Utility fee.
al Utility customers shall be eligible for the City's Senior and Disabled Low
Income Discount pursuant to PAMC chapter 13.20.
(iii) An chan • e in use of a • arcel or an other chan ' e in circumstance that
eliminates application of an exemption from the service fee shall
immediately make the affected prope sub .ect to a • • licable service fees.
The service fee shall become due and payable as of the date of the change
in use and shall continue until the parcel again meets exemption
requirements.
(iv) Monthly rates shall not be prorated. Initial and final char•es ma be
prorated in accordance with the City's standard utility proration practices.
An customer seekin• an exemption from .a ent of the service fee
and/or conversion from covered to exempt status, must file a written
petition with the Finance Director seeking a determination as to whether
a specific parcel satisfies the exemption requirements set forth in this
section.
(vi) The combined rates charged shall reflect an exem•tion for •ersons who
are medicaid el' • ible and who reside in a nursint facilit boardin • home
adult family home, or receive in -home services.
(vii) The combined rates charged may reflect an exemption or reduction for
designated classes consistent with Article VIII, Section 7 of the state
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Constitution.
(viii) The amounts of exemption or reduction shall be a general expense of the
Utilit and desi • ated as an availabili cost to be s•read uniforml
across the Utility user classifications.
tixl Multi • le residential units that are served b a sin ' le utilit connection
shall be given the option of (1) paving the utility fees for the units as a
sin • le combined amount or 2 char • in • an monthl fee to each unit
occupant. Those that select the first option shall be entitled to a rate
adjustment based on average occupancy.
4. Periodic Service Fee Review. The City Manager or his/her designee will
periodically perform financial review and analysis of the Utility's revenues, expenses,
indebtedness fees and accountin and recommend budtets fee ad'ustments and financial • olic
Based on such review
he Ci
Mana
er or his desi
ee shall recommend
chan
es amendments
or additions for adoption by the City Council.
5. The total revenue • enerated b the rates and char • es shall not exceed the total
costs necessary to regulate, overate and maintain an ambulance utilit .
13.73.310
Pa ent. The month] charge for the utili shall be collected in
accordance with the normal collection •rocedures as •rovided for in Chaster 13.16 PAMC:
Provided that, customers who have multi • le utili accounts shall be billed for one monthl
charge for each service address
13.73.320 Fund Created. There is hereby created a special revenue fund to be known
as the Port An • eles Ambulance Utilit Fund. All fees char• es and transfers • rovided for in this
cha •ter shall be • aid into that fund
It shall be used to
a the costs and ex • enses of the Utili
Revenues • enerated by the rates and charges shall be de
osited onl
into the Po
An • eles
Ambulance und and be used only for the vumose of pa 'n for the cost of re Latin
maintaining, and overating the Utility. The City Manager or his/her designee ma use money
the Ambulance Utili Fund to •a the cost of •rovidin• ambulance services to Cit residents or
employees from businesses within the City who are underinsured or uninsured.
13.73.330
Cit 's Medic I Pro • am shall be billed b the Cit at the rates set in 3.70.095 PAMC. However
each perso who i.1-1 1) a City resident, or (2) is an emplo ee of a business within the City land
the •erson or business is assessed a monthl utilit charge under section 13.73.300 of this
Billin for Ambulance Tran s • orts. Each • erson who is trans • orted b the
cha ter shall not be billed be ond their insurance covera•e and an co -•a ents and deductibles
shall be deemed to be satisfied b • a ent of their month] utili char • es •rovided the resident
or em • lovee: (1) supplies the City with all requested information and documentation includin
but not limited to, insurance information and medical records relative to billing for the ambulance
servi: an Cpa ns rh receive pa ent from all applicable third -
party payers.
For the purpose of this section, a City resident refers to someone who has no fixed or
established • lace of residence outside the Ci utilizes the dwellin unit inside the Ci as a fixed
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abode and is not a es t visitor or other tem.ora inhabitant. A student who is re larl
enrolled in an educational institution outside the Ci
but who
ould normal]
and re lar
be
a City resident but for attendance at such educational institution, shall be deemed to reside within
the City.
13.73.340 Allocation of Direct Billin ' Revenue. All fee revenue received throu• h
direct billing shall be allocated to the demand- related costs.
13.73.350 Charit Polic for Low - Income Non - Residents. If ambulance char • es not
covered bythird- partvnavers create a financial hardship, those charges maybe waived or reduced
in accordance with the income -based discount chart developed by the Fire Chief based on current
federal •overt • 'defines for Washin ton State as ma be u•dated or revised from time to time.
13.73.360 General Fund Contribution. The Ci shall allocate from the • eneral fund
each ear an amount not less than seven
the Utility as of May 5, 2004.
• ercent of the total • eneral fund revenue ex ended for
13.73.370 Review by Utility Advisory Committee. Before any rate or fee is added
or modified, it shall be reviewed by the Utility Advisory Committee. In connection with such
review the Committee shall solicit and consider •ublic comment re•ardin• the fee. The
Committee shall use methods of notification
easonabl
desi
ed
o alert interested
ersons and
com.anies about the •ro.osed fee. In addition for issues concernin
he fees authorized b
Part C an additional votin member shall be a.. ointed to the Utilit Adviso
member shall be a..ointed annuall
ursuant to PAMC 2.68.
this
Committee. The
The member shall vote onl on
issues concernin • fees authorized b
Part C of this Cha
ter.
13.73.380
the ambulance service authorized b this Cha ter shall be construed and im•lemented to be
consistent with a•plicable Medicare and Medicaid requirements. If an method or •rocedure
authorized b this Cha ter for the u.osesofestablishin• im•lementin• im•osin•orcollection
of charges for ambulance service is found or determined to be in conflict with Medicare or
Medicaid re uirements the conflictin. •art of this Cha ter shall be ino.erative to the extent of
the conflict and such findin or determination shall not affect
this Chapter.
Com.liance with Medicare and Medicaid Re • uirements. The char • es fo
PART D
13.73.400. Charges Established
13.73.410 Medicaid Adjustment.
he
eration of the remainder of
Section 3. Section 5.08.110 of the Port Angeles Municipal Code is hereby amended in
its entirety, to read as follows:
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L.,twi,ei1 flit, City acid tilts lit,c11sw and f01 full wluyliallw with the Lillis of this Swti
attan1 COulltydClty -o Part A11gt,lt,s 1111,i11t,al p utULu J.
I 0I 1 "01t AAgt,lt,5 G111c1 str11cy 1wpt./ 111uwtlul w.
1111a111 1)10t,G1u1 CS.
gia111 CSta pU1suant t0 ClraYtt,tZi.36 PAMC.
Acce.tance of Protocols. Each licensee within 60 da s of the effective date of the
license, shall enter into an a • eement providing for full coo s eration between the Cit and the
licensee and for full compliance with the terms of:
A. Northwest Re ion Clallam Count .atient care .rotocols.
B. Port Angeles Medic I
atient trans ortation
otocols.
C. City of Port Angeles emergent response procedures.
D. Port Angeles consolidated Dis.atch radio communication .rocedures.
Section 4. Severability . If any provisions of this Ordinance or its applications to any
person or circumstances is held to be invalid, the remainder of the Ordinance or application of
the provisions of the Ordinance to other persons or circumstances is not affected.
Section 5. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This Ordinance shall take effect five days following the date
of its publication by summary.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 20th day of September, 2005.
-1?„..06
ayor Rich
A. Headrick
ATTEST.
Becky J. U n, y Cle
APPROVED AS TO F • '4
4it i
William E. Bloor, City Attorney
PUBLISHED: September 25, 2005
By Summary
G: \Legal_Backup ORDINANCES&RESOLUTIONS .2004-14 Ambulance. 1 02604.wpd
(Rev. September 14, 2005)
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Summaries of Ordinances Adopted by the
Port Angeles City Council
on September 20, 2005
Ordinance No. 3215
This Ordinance of the City of Port Angeles, Washington, amends the Port Angeles
Municipal Code sections relating to emergency medical service regulation and public
utility.
Ordinance No. 3216
This Ordinance of the City of Port Angeles, Washington, establishes the monthly EMS utility
fee, effective October 1, 2005.
Ordinance No. 3217
This Ordinance of the City of Port Angeles, Washington, revises the City's solid waste
collection and disposal regulations and rates, and Chapters 13.54 and 13.56 of the Port
Angeles Municipal Code.
Ordinance No. 3218
This Ordinance of the City of Port Angeles, Washington, revises electric rates and amends
Chapters 3.70 and 13.12 of the Port Angeles Municipal Code. This Ordinance shall take
effect on all billings beginning October 1, 2005.
The full texts of the Ordinances are available at City Hall in the City Clerk's office or will be mailed
upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. Unless
otherwise stated above, these Ordinances shall take effect five days following the date of publication
by summary.
Becky J. Upton, CMC
City Clerk
Publish: September 25, 2005