City of Ocean Shores Regular City Council Meeting

Transcription

1 Agenda City of Ocean Shores Regular City Council Meeting Monday March 14, :00 PM Ocean Shores Convention Center 120 W Chance A La Mer Ocean Shores, Washington Page Call to Order Roll Call Pledge of Allegiance Approval of Meeting Agenda Ceremonies and Proclamations 1. Introduction of Finance Director Angela Folkers Public Communication to Council Announcements 2. Board and Committee Vacancies Five member and two alternate vacancies on the Building Code Board of Appeals and two vacancies on the Park Board. Appointments 3. Mayor Dingler to reappoint, with Council consensus, Mark Swanson to the Park Board. Other Reports Staff Report Council Reports Mayor's Report Page 1 of 50

2 Page Consent Agenda Approval of minutes for the Regular City Council Meeting on February 22, Approval of Claims. Old Council Business New Council Business Resolution A Resolution of the City Council of the City of Ocean Shores, Washington, establishing a plan for the use of fees collected through the sale of points by the Weatherwax Wetland Mitigation Bank. Presented by Mayor Dingler Council Questions Public Comment Council Action Discussion Chickens Council Discussion Public Comment Sign Code Council Discussion Public Comment Executive Session Future Agenda Item Suggestions 9. Agenda Review: Monday, March 21, 2016 at 10:00 a.m. Future Meeting Topics: Convention Center Management. Firebreak. Abatements. Sales Tax & Other Revenue Options. Surf Rescue Equipment. Fourth of July. Erosion. Adjourn Page 2 of 50

3 REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 22, 2016 Call to Order: Mayor Dingler called the Regular City Council Meeting to order at 6:00 p.m., at the Ocean Shores Convention Center. The recorded meeting may be accessed on the City website or viewed on cable Channel 68 Tuesday and Friday at 7:00 p.m. Elected Officials present: Mayor Dingler and Councilmembers Lynn, Plackett, Overton, Martin, Farra, Peterson, and Broadbent. City Staff present: City Attorney Brent Dille, Police Chief Mike Styner, Finance Director Steve Ensley, Fire Chief Tom Lique, Public Works Director Nick Bird, Administrative Assistant Courtney Beebe and City Clerk Rachel Carl. Roll Call: Administrative Assistant Beebe called roll. Pledge of Allegiance: Meeting Agenda Approval: Ceremonies and Proclamations: Public Communication: Councilmember Plackett led the Pledge of Allegiance. Recording # 00:01:11- Councilmember Lynn made a motion for approval of the agenda as presented Councilmember Overton seconded the motion. The motion passed unanimously. None. Virginia Schuster, Pen Hale and Janice Roberts commented in favor of chickens as pets in Ocean Shores. Steve Bova commented on registering to vote, stolen political signs and the upcoming Democratic Caucus. John Farra commented on Grays Harbor Hospital District 2. Virginia Burkman commented in favor of putting chickens on the agenda as soon possible. Announcements: Appointments: Other Reports: Mayor Dingler announced that there are five member and two alternate vacancies on the Building Code Board of Appeals and three vacancies on the Park Board. None None Staff Report: PW Director Nick Bird gave an update on public works projects. There were Council questions regarding lighting, the Point Brown sidewalk project and water system leakage. Council Reports: Councilmember Lynn reported on attending the Council of Governments and the Antique Show. Councilmember Martin reported on the Plant Auction to raise money for parks, on Legislative updates, and on attending Congressman Kilmer s Town Hall meeting and the Antique Show Regular Meeting Page 1 of 5 4. Approval of minutes for the Regular City Council Meeting... Page 3 of 50

4 REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 22, 2016 Council Reports continued: Councilmember Broadbent reported on attending the Library Board meeting and the Antique Show. Councilmember Plackett reported attending the Coastal Interpretive Center presentation, the Antique Show, Congressman Kilmer s Town Hall, Business After Hours, a meeting County Assessor Dan Lingren and Sue Carlson regarding property taxes; and will hold her weekly coffee on Thursdays at the Ocean Grill. Councilmember Petereson reported on attending the Antique Show and on the need for parks programs and the Summer Lunch Program. Councilmember Farra reported on the Radio Board, KOSW, and the golf course bridge. Mayor s Report: Consent Agenda: Mayor Dingler reported attending the Antique Show and Business after Hours; will attend Kiwanis tomorrow to give the State of the City; will attend 3/10 of 1% for Public Safety meeting; working on the Coastal Coalition; met with Dennis Irby regarding the Summer Beach Blast; Council Retreat will be March 5 th ; attended Razor Clam bridge meeting, Port Crab Feed, and Port of Grays Harbor business meeting; SeaMar broke ground on addition; Col-Pac RC and EDD is suspending and reformatting; and Angela Folkers has been hired as our new Finance Director. Recording #00:55:59 - Councilmember Lynn made a motion for approval of the Consent Agenda. Councilmember Peterson seconded the motion. The motion passed unanimously. The Consent Agenda included: 1. Approval of the January25, 2016 Regular City Council minutes; February 1, 2016 Special City Council Meeting; February 1, 2016 City Council Study Session; February 8, 2016 Regular City Council minutes. 2. Approval of Claim Warrants # through # in the amount of $283, dated February Approval of Treasurer Checks #12670 through #12672 in the amount of $1, dated the 10th day of February Approval of Payroll Warrants # through # plus 76 ACH checks in the amount of $181, dated the 20th day of February Approval of Accounts Payable Warrants # through # in the amount of $116, dated February Old Council Business: New Council Business: Ordinance No.970: Moratorium on Marijuana Entities not Licensed Prior to 2016 None. An Emergency Ordinance of the City Council of the City of Ocean Shores, Washington, declaring a moratorium prohibiting the production or processing of marijuana, or the distribution or offering for sale of recreational marijuana or medicinal cannabis by any entity, including marijuana collective gardens, or cooperatives (Co-ops), not licensed by the Washington State Liquor Control Board prior to 2016 and prohibiting granting of any City License or permit related to such activities to any entity not licensed by the City prior to Regular Meeting Page 2 of 5 4. Approval of minutes for the Regular City Council Meeting... Page 4 of 50

5 REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 22, 2016 New Council Business continued: Ordinance No.970: Moratorium on Marijuana Entities not Licensed Prior to 2016 Mayor Dingler gave the first reading of the emergency Ordinance by title. Council questioned the number of Council votes needed in order to pass this Ordinance, business licensing applications, local governments establishing buffer distances, and revenue. There was public comment in favor of the moratorium, in opposition to marijuana in Ocean Shores, the distance from children s activities and schools, questions on how long a moratorium is effective, and if it can be extended. There was a Council comment regarding the public hearing for a moratorium. Recording #01:15:45 - Councilmember Lynn made a motion that we waive the second reading and approve the emergency Ordinance of the City of Ocean Shores declaring a moratorium prohibiting the production or processing of marijuana, or the distribution or offering for sale as is stated in the agenda item. Councilmember Farra seconded the motion. The motion passed unanimously. Ordinance No.971: Moratorium on Development Applications in Block 1 of Divisions 19 and 19A An Ordinance of the City Council of the City of Ocean Shores relating to land use and development, an immediate emergency moratorium on the acceptance of applications for new development or redevelopment, including, by way of example only, those relating to the division of land or building permits, for said properties, generally described as Block 1, Division 19 and 19A until the City finishes the process of analysis and studies relating beach erosion, such moratorium to be effective immediately, defining the applications subject to the moratorium to be effective immediately defining the applications subject to the moratorium, setting a date for a public hearing on on the moratorium, establishing six months as the tentative effective period until the Council public hearing on the continued maintenance of the moratorium, and declaring an emergency necessitating immediate adoption of a moratorium. Mayor Dingler gave the first reading of the emergency Ordinance by title. There were Council questions and comments regarding the location, City liability, development, erosion, and in favor of the moratorium. There was public comment regarding the legal description and allowance of some building modifications. Recording #01:37:21 - Councilmember Overton made a motion that we approve an Ordinance of the City Council of the City of Ocean Shores relating to land use and development, an immediate emergency moratorium on the acceptance of applications for new development or redevelopment, including, by way of example only, those relating to the division of land or building permits, for said properties, generally described as Block 1, Division 19 and 19A until the City finishes the process of analysis and studies relating beach erosion, such moratorium to be effective immediately, defining the applications subject to the Regular Meeting Page 3 of 5 4. Approval of minutes for the Regular City Council Meeting... Page 5 of 50

6 REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 22, 2016 New Business continued: Ordinance No.971: Moratorium on Development Applications in Block 1 of Divisions 19 and 19A moratorium to be effective immediately defining the applications subject to the moratorium, setting a date for a public hearing on on the moratorium, establishing six months as the tentative effective period until the Council public hearing on the continued maintenance of the moratorium, and declaring an emergency necessitating immediate adoption of a moratorium and waive the second reading. Councilmember Lynn seconded the motion. The motion passed unanimously. Mayor Dingler recessed the Regular City Council Meeting at 7:40 p.m. Mayor Dingler reconvened the Regular City Council Meeting 7:47 p.m. Resolution: Surplus equipment and materials A Resolution of the City Council of the City of Ocean Shores, Washington, declaring certain miscellaneous equipment as unserviceable, inadequate, obsolete, worn out, or no longer necessary; and authorizing the disposal of the surplus equipment and materials. Nick Bird presented the Resolution. There were Council questions regarding the Sea Doo and winter jackets. There was no public comment. Recording #01:48:55 - Councilmember Lynn made a motion that we approve the request for a Resolution of the City Council of the City of Ocean Shores declaring certain miscellaneous equipment as unserviceable, inadequate, etc. as presented tonight. Councilmember Peterson seconded the motion. The motion passed unanimously. Request: Weatherwax MBI A Request for the City Council of the City of Ocean Shores, Washington to authorize the Mayor to sign the City of Ocean Shores Weatherwax Wetland and Habitat Bank Mitigation Instrument as negotiated between the City and the Washington State Department of Ecology and the U.S. Army Corps of Engineers. Mayor Dingler presented the request. There were Council questions and comments regarding the formation timeline, in favor of passing the request, maintenance, credits, additional study, a formal committee, debt, and revenue. There was public comment in favor of the request, dates, and educational uses. Recording #02:16:31 - Councilmember Overton made a motion to request that we authorize the Mayor to sign the City of Ocean Shores Weatherwax Wetland and Habitat Bank Mitigation Instrument as negotiated between the City and the Washington State Department of Ecology and the U.S. Army Corps of Engineers. Councilmember Lynn seconded the motion. The motion passed with unanimously Regular Meeting Page 4 of 5 4. Approval of minutes for the Regular City Council Meeting... Page 6 of 50

7 REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 22, 2016 Executive Session: Future Agenda Items: None There was Council consensus to bring the topics of chickens and the sign code forward for discussion on the next agenda and to remove the Weatherwax from the Future Agenda Items Suggestions. Councilmember Broadbent assigned Councilmembers Plackett and Peterson to the Agenda Review on Monday, March 7, Adjourn: Mayor Dingler adjourned the Regular City Council meeting at 8:29 p.m. Signed: Attest: Crystal L. Dingler, Mayor Rachel D. Carl, CMC, City Clerk Regular Meeting Page 5 of 5 4. Approval of minutes for the Regular City Council Meeting... Page 7 of 50

8 Page 8 of 50

9 City of Ocean Shores AGENDA BILL COUNCIL MEETING DATE: March 14, 2016 SUBJECT: Use of Fees Collected through the Sale of Points by the Weatherwax Wetland Mitigation Bank CATEGORY: CONSENT AGENDA ORDINANCE STAFF REPORT PUBLIC COMMUNICATION X RESOLUTION PROCLAMATION OLD BUSINESS REQUEST STUDY SESSION X NEW BUSINESS CONSULTANT REPORT OTHER ATTACHMENTS: Resolution SUMMARY/BACKGROUND: The City Council authorized the Mayor to sign the Wetland Mitigation Banking Instrument for the Weatherwax Wetland Mitigation Bank on February 22, There was Council discussion regarding the funds usage. EXPENDITURE AMOUNT: n/a AMOUNT BUDGETED: n/a BUDGET MODIFICATION REQUIRED: n/a STAFF RECOMMENDATION: Approve the Resolution. MAYOR'S RECOMMENDATION: Approve the Resolution. PRESENTED BY: Mayor Dingler (BELOW TO BE COMPLETED BY CITY CLERK S OFFICE) COUNCIL ACTION: APPROVED CONTINUED DENIED COUNCIL REQUEST FOR INFORMATION: updated 6. Resolution A Resolution of the City Council of the City o... Page 9 of 50

10 Page 10 of 50

11 CITY OF OCEAN SHORES, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OCEAN SHORES, WASHINGTON, ESTABLISHING A PLAN FOR THE USE OF FEES COLLECTED THROUGH THE SALE OF POINTS BY THE WEATHERWAX WETLAND MITIGATION BANK WHEREAS, in 1999, the City of Ocean Shores purchased land known locally as the Weatherwax property; and WHEREAS, on February 22, 2016, acres of the Weatherwax property was designated as a wetland mitigation bank with acres designated as buffers and acres generating credits; and WHEREAS, in 1999 the City financed the cost of the Weatherwax property purchase and then refinanced in 2007 with a balance currently owed; and WHEREAS, the City also incurred an inter-fund loan debt to make capital improvements on the Weatherwax property, all of which is currently owed; and WHEREAS, in anticipation of selling the generated credits, the City Council of the City of Ocean Shores, wishes to set forth how the funds generated by sale of land bank points shall be used initially; and WHEREAS, the City recognizes that the nature of a wetlands mitigation land bank is such that sales of points are expected to be sporadic as large and small projects within the designated bank area have need to mitigate the destruction of wetlands or incursion into wetlands and wetland buffers as allowed by law; and WHEREAS, it is appropriate that the initial use of funds be set forth by Council resolution; and NOW, THEREFORE, the City Council of the City of Ocean Shores, Washington, does hereby resolve as follows: Page 1 of 3 Resolution No. 6. Resolution A Resolution of the City Council of the City o... Page 11 of 50

12 Section 1. Funds generated by the Weatherwax wetland mitigation land bank shall be deposited in the General Fund and used in the best interest of the Weatherwax Wetlands Mitigation Land Bank and the City, as set forth in priority order below. If funds do not exist from sales of credits, the fees and payments set forth below shall be made by the General Fund and later reimbursed through the sale of credits. An escrow account shall be established in order to implement the Long Term Management and Maintenance Management Fund in accordance with the terms and conditions in MBI. The General Fund shall be reimbursed for the fee to be paid for continued yearly inspection of the property in accordance with the terms and conditions of the Conservation Easement which has not yet been signed. An amount per year shall be paid to the Coastal Interpretive Center CIC as established through the terms and conditions of the Weatherwax Stewardship Agreement (currently in negotiation) provided the Stewardship Agreement remains active and the CIC accomplishes the tasks set forth within the Agreement. The remainder, shall be used: o first, to fully pay the inter-fund loan which amounts to $99, with interest; and o second, to make the remaining payments as of the end of 2015 on the bonds used by the City to finance the purchase of the Weatherwax property in 1999 as later refinanced, which amounts to $660,000. Thereafter, when the above are completely paid or sufficient funds are reasonably set aside to make payments on the above items, the remaining funds may be used for Parks and Recreation Maintenance and Enhancement; and/or otherwise used in the best interest of the City as determined by the City Council at the time the funds are released, with any unused funds held in reserve in the General Fund. Section 2. If any part, paragraph, section or provision of this resolution is adjudged to be invalid by a court of competent jurisdiction, such term or provision shall be read out of this resolution and shall not affect the validity of any remaining section, part or provision of this resolution, and the remainder of this resolution shall be valid and enforceable to the fullest extent permitted by law. Page 2 of 3 Resolution No. 6. Resolution A Resolution of the City Council of the City o... Page 12 of 50

13 PASSED AND ADOPTED by the City Council of the City of Ocean Shores, Washington, at a regular open public meeting thereof this 14th day of March ATTEST: Crystal L. Dingler, Mayor Rachel D. Carl, CMC, City Clerk Page 3 of 3 Resolution No. 6. Resolution A Resolution of the City Council of the City o... Page 13 of 50

14 Page 14 of 50

15 City of Ocean Shores AGENDA BILL COUNCIL MEETING DATE: March 14, 2016 SUBJECT: Chickens CATEGORY: CONSENT AGENDA ORDINANCE STAFF REPORT PUBLIC COMMUNICATION RESOLUTION PROCLAMATION OLD BUSINESS REQUEST STUDY SESSION NEW BUSINESS CONSULTANT REPORT X OTHER (DISCUSSION) ATTACHMENTS: Ocean Shores Municipal Code Chapter 6.04 Animals SUMMARY/BACKGROUND: At the February 22, 2016 Regular City Council Meeting, there was City Council consensus to bring chickens forward as a discussion item EXPENDITURE AMOUNT: n/a AMOUNT BUDGETED: n/a BUDGET MODIFICATION REQUIRED: n/a STAFF RECOMMENDATION: n/a MAYOR'S RECOMMENDATION: n/a PRESENTED BY: Council Discussion (BELOW TO BE COMPLETED BY CITY CLERK S OFFICE) COUNCIL ACTION: APPROVED CONTINUED DENIED COUNCIL REQUEST FOR INFORMATION: updated 7. Chickens Council Discussion Public Comment Page 15 of 50

16 Page 16 of 50

17 Chapter 6.04 ANIMALS Sections: Definitions. Chapter 6.04 ANIMALS Dangerous and/or potentially dangerous dogs Declaration, service, and administrative appeal process Licensing Dangerous dogs Registration Running at large prohibited Nuisance animals Wild or exotic animals Rabies Quarantine Impounded animals Impoundment procedures Dangerous dogs Confiscation Conditions Duties of animal control authority Penalties and affirmative defenses for owners of dogs that attack Dog fights, penalty Adoption procedures Fees Confining dogs or cats in season Maximum number of dogs and/or cats permitted Wild animals and/or birds Livestock and/or poultry prohibited Animal care Allowing a potentially dangerous dog at large Failure to maintain control or confinement of a dangerous dog Violation Penalty State provisions adopted by reference Animal cruelty in the second degree Elements Nonliability Severability Definitions. As used in this chapter, the following terms shall mean: Abandoned animal means an animal which is either dropped off, left in the street, road, highway, or on any other public or private property; or an animal which is placed in the custody of a veterinarian, boarding kennel owner, or any person for treatment, board or care; and 1. Having been placed in such custody for an unspecified period of time the animal is not removed within fifteen days after notice to remove the animal has been given to the person who placed the animal in such custody or having been so notified the person depositing the animal refuses or fails to pay agreed-upon or reasonable charges for the treatment, board, or care of such animal; or 2. Having been placed in such custody for a specified period of time the animal is not removed at the end of such specified period or the person depositing the animal refuses to pay agreed upon or reasonable charges for the treatment, board, or care of such animal. 1 of 12 3/10/ :47 AM 7. Chickens Council Discussion Public Comment Page 17 of 50

18 Chapter 6.04 ANIMALS Animal control authority means any police officer and any person or association appointed or authorized by the mayor to enforce the provisions of this chapter. Animal shelter means any animal control facility operated by a municipal agency, or other contracted association designated and/or authorized to impound and care for animals held under the authority of this chapter and/or state law. At large means off the premises of the owner and not under the immediate control of the owner or other competent person by leash, cord, or chain not to exceed eight feet in length. Control and confinement of a dangerous dog means the dog: 1. Must be securely muzzled and leashed and under the control of a person physically able to restrain and control the dog if the dog is away from the premises of the owner or keeper; or 2. While on the premises of the owner or keeper, the dog must be securely confined inside a locked building, kennel, pen, or other structure having secure sides, bottom, and top, suitable to prevent the entry of young children or their being able to place any portion of their anatomy so as to expose it to the risk of attack by the dog and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog. The owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog; and 3. Must be in conformance with any other restrictions which may be set forth in the designation classifying the dog as dangerous. Dangerous dog means any dog that: 1. Without provocation, inflicts severe injury on a human being on public or private property; or 2. Without provocation, inflicts severe injury on or kills a domestic animal, or other animal protected by federal, state, or local rules, while off the owner s or keeper s property; or 3. Having been previously found to be potentially dangerous, and the owner having received notice of such, the dog again, without provocation, aggressively bites, attacks, or endangers the safety of humans, domestic animals, or other animals. Exotic animal means an animal of foreign origin and that is not native by birth to this community or not normally tamed and bred for the companionship of humans. Foster care provider means an individual providing foster care at his or her place of residence as an agent or designee of a bona fide animal shelter or a nonprofit animal rescue organization. The organization shall provide said individual with documentation identifying the individual as the organization s authorized foster care provider. The foster care provider shall assume full responsibility for keeping animals in his or her care from becoming a public nuisance as defined in this section, and shall provide the animals with the proper care as described in Section No dog or cat shall remain in foster care for more than six months. Any dog or cat remaining in foster care for over six months shall lose its foster care animal status and shall be subject to the licensing and requirements set forth in Sections and Harbor means to have an animal which remains on one s premises, and/or the presumption of ownership of an animal by an occupant of any premises on which the animal remains or to which it customarily returns daily 2 of 12 3/10/ :47 AM 7. Chickens Council Discussion Public Comment Page 18 of 50

19 Chapter 6.04 ANIMALS for food and care. Impoundment or impound means taking physical control of an animal by the animal control authority. The moment said authority is in physical control of an animal, the animal is considered impounded and subject to the impoundment fee and owner requirements. Kennel means an establishment wherein a person engages in the business of boarding, breeding, buying, training for free, or a premises where a total of four or more dogs and/or cats over six months of age are harbored. License tag number means the rabies vaccination tag number issued pursuant to WAC Livestock means horses, bovine animals, sheep, goats, swine, reindeer, donkeys, mules, and any other farm-type animals. Nuisance means, without provocation, excessive barking or other oral noises which unreasonably disturb person(s) or a neighborhood; chasing vehicles; depositing excretory matter on property other than that of the owners; damaging property; running at large; and any potentially dangerous dog. Owner means a person having a right of possession to an animal or a person having control, custody, or possession, or a person who harbors an animal, with the exception of veterinary hospitals. Potentially dangerous dog means any dog which, without provocation: 1. Inflicts bites on a human or domestic animal or other animal protected by federal, state, or local rules; or 2. Chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack; or 3. Any dog with a known propensity, tendency, or disposition to attack, causes injury or otherwise threatens the safety of humans or domestic animals or other animals protected by federal, state, or local rules, while off the owner s property. Poultry means domesticated birds kept and raised for eggs and/or meat. Provocation includes but is not limited to taunting, teasing, willfully causing undue pain, and/or unlawful entry upon or into the property of the owner or keeper. Severe injury means any physical injury, including but not limited to broken bones, punctures, bites, and/or lacerations causing scarring, and/or requiring sutures or cosmetic surgery. Wild means an animal that generally lives in its original natural state and is not normally domesticated. (Ord , 2015; Ord (part), 2013; Ord (part), 2009; Ord (part), 2006: Ord (part), 1992) Dangerous and/or potentially dangerous dogs Declaration, service, and administrative appeal process. A. When the animal control authority has determined that a dangerous or potentially dangerous dog exists, the animal control authority shall prepare a dangerous dog declaration or a potentially dangerous dog declaration. The declaration shall be in writing, and shall be served on the owner by means of personal 3 of 12 3/10/ :47 AM 7. Chickens Council Discussion Public Comment Page 19 of 50

20 Chapter 6.04 ANIMALS service, or by regular mail and certified mail, return receipt requested, to the owner s last known address. B. If the owner of the animal wishes to contest the dangerous dog declaration, the following procedures shall apply: 1. Within ten days of receipt of the declaration, the owner or harborer shall request a hearing before the chief of police or his/her designee. The owner s failure to exhaust this administrative appeal process shall bar any further action by the owner. a. If it is found, by a preponderance of the evidence, that the declaration has been proven, then the declaration shall be affirmed. b. If it is found, by a preponderance of the evidence, that the declaration has not been proven, the declaration shall be dismissed. In the event of a dismissal, no costs shall be assessed against the city, animal control authority or officer. (Ord , 2015; Ord (part), 2006: Ord (part), Formerly ) Licensing. A. All adult cats and dogs harbored or maintained within the city shall be licensed and registered annually, or within thirty days of acquisition by the owner, or within thirty days of being moved into the city, whichever occurs later. Licenses will be issued through the Ocean Shores finance department or designee. There is established a rebuttable presumption that the purchaser of such license is the owner of the animal identified in the license application. Proof of current rabies vaccination must be shown before a license will be issued to the owner. B. The following dogs and cats are excluded from the licensing requirement: 1. Those owned by nonresidents who are temporarily within the city; 2. Dogs and cats brought into the city for the express purpose of participating in a show; 3. Owners or users of seeing eye, guide, or service dogs; 4. Licensed pet stores harboring dogs and cats for the purpose of sale. C. License Tags Issued Fees. Upon payment of the appropriate license fee and proof of vaccination as set forth herein, the animal control authority shall record the license tag number. The owner shall cause the license tag to be worn by the animal. Tags are not transferable from one animal to another. At the time of application, the owner must present a licensed veterinarian s certificate confirming that the animal has been vaccinated against rabies for that period. The following fees shall be paid for licenses required by this chapter purchased directly from the city. An additional handling fee may be charged by city designees authorized to issue such licenses. 1. Neutered (altered) male and spayed (altered) female dogs: ten dollars for an annual license or twenty-five dollars for a three-year license; 2. Unaltered male or female dogs: forty dollars for an annual license or one hundred dollars for a three-year license; 3. Altered male or female cats: five dollars for an annual license or twelve dollars and fifty cents for a three-year license; 4 of 12 3/10/ :47 AM 7. Chickens Council Discussion Public Comment Page 20 of 50

21 Chapter 6.04 ANIMALS 4. Unaltered male or female cats: twenty-five dollars for an annual license or sixty-two dollars and fifty cents for a three-year license; 5. Unaltered dangerous dog: one hundred dollars for an annual license or two hundred fifty dollars for a three-year license; 6. Altered dangerous dog: twenty-five dollars for an annual license or sixty-two dollars and fifty cents for a three-year license. D. Replacement Tags. The owner of a licensed dog or cat whose current license tag has been lost may obtain a replacement from an authorized provider and record the new license tag number for a fee of three dollars. E. Animals that have lifetime licenses issued prior to the effective date of the ordinance codified in this section shall require no further payment but must still report any subsequent license tag numbers to the Ocean Shores finance department or designee. (Ord (part), 2013; Ord (part), 2009; Ord (part), 2006: Ord (part), 1992) Dangerous dogs Registration. A. It is unlawful for an owner to have a dangerous dog in the city of Ocean Shores without a certificate of registration issued under this section. B. The animal control authority shall issue a certificate of registration to the owner of such animal if the owner presents to the animal control officer sufficient evidence that: 1. The dog is properly confined as provided in Section , Definitions; 2. A surety bond issued by a surety insurer qualified under Chapter RCW in a form acceptable to the animal control authority in the sum of at least two hundred fifty thousand dollars, payable to any person injured by the dangerous dog; or 3. A policy of liability insurance, such as homeowner s insurance, issued by an insurer qualified under RCW Title 48 in the amount of at least two hundred fifty thousand dollars, insuring the owner for any personal injuries inflicted by the dangerous dog. C. There shall be a fee of one hundred dollars for the issuance of a certificate of registration for a dangerous dog. D. A certificate of registration for a dangerous dog shall be valid for one year and must be renewed upon expiration. Renewal will require meeting the requirements set forth above at subsection (B) of this section. E. Failure to register a dangerous dog as set forth in this section shall be a Class A offense. F. Failure to maintain valid insurance or surety bond during the period of a dangerous dog registration shall be a Class A offense. (Ord , 2015: Ord (part), 2006) Running at large prohibited. With the exception of domestic cats, no animal of any kind shall be permitted to run at large during any hours of the day or night, except in those areas designated by the animal control authority as dog training areas, 5 of 12 3/10/ :47 AM 7. Chickens Council Discussion Public Comment Page 21 of 50

22 Chapter 6.04 ANIMALS and so long as dogs in such training areas are under the custody and control of their owners. Certified police department dogs (K-9s) shall be exempted from this provision when under the control and supervision of their handlers. (Ord (part), 2006: Ord , 2004; Ord (part), 1992) Nuisance animals. No owner or person having the care, custody or control of an animal shall fail to exercise proper care and control of his/her animal to prevent it from becoming a nuisance as defined in Section (Ord (part), 2006: Ord (part), 1992) Wild or exotic animals. No person shall have, keep, or maintain in any area of the city a live monkey (nonhuman primate), lion, tiger, bear, mountain lion (a.k.a. cougar), fox, lynx, poisonous reptile or serpent, or any other dangerous, carnivorous, wild, exotic animal, fish, reptile or any hybrid thereof. Any such animal, fish, reptile, or any hybrid thereof may be immediately and permanently impounded. (Ord (part), 2006: Ord (part), 1992) Rabies Quarantine. A. In addition to and notwithstanding any other provisions of this chapter, whenever any person has been bitten by any owned or harbored animal and there is no reason to suspect that the animal is rabid, at the discretion of the local health officer or animal control officer, the animal involved may be restricted for ten days of observation in such manner as to prevent contact with other animals or persons except for the caretaker. B. The department of health or animal control authority may, if there is reason to believe the animal may be rabid, order the animal surrendered to an animal shelter or veterinary hospital. The cost of any such confinement shall be paid by the owner or person having custody of that animal. C. No person shall knowingly allow an animal confined under the provisions of this chapter to escape, to be sold, to be given away, or otherwise to allow disposal of such animal before the expiration of the quarantine period. (Ord (part), 2006: Ord (part), 1992) Impounded animals. An animal impounded pursuant to Sections and of this chapter shall be held for the owner for at least seventy-two hours, excluding Saturdays, Sundays, and holidays. Any animal suffering from serious injury or disease or an animal which displays feral behavior may be humanely destroyed by euthanasia prior to the expiration of said seventy-two-hour period. (Ord (part), 2006: Ord (part), 1992) Impoundment procedures. A. Notice of Impoundment. When any animal is impounded which possesses a license tag or other identification giving the name, address, and telephone number of its owner, the animal control authority shall attempt to give notice to the owner at the address contained in the license application or by telephone, and inform him/her of the impoundment of said animal and the reason therefor. It shall be the entire responsibility of the owner to ascertain that the animal has been impounded, and to take measures as needed to redeem said animal. Neither the city nor the officer or agent of the city shall be responsible for failing to notify an owner under this chapter. B. Redemption of Animals. If at any time before adoption or disposal by the city, the owner of the animal so 6 of 12 3/10/ :47 AM 7. Chickens Council Discussion Public Comment Page 22 of 50

23 Chapter 6.04 ANIMALS impounded shall claim the same, he shall be entitled to possession thereof upon compliance with the following conditions: 1. Payment of an impound fee of twenty-five dollars and board at the rate of five dollars per day; 2. Application for issuance of a valid license; 3. Acceptance of any citation issued for violation of the provisions of this chapter; provided, that acceptance of the citation shall not be deemed an admission of guilt by the cited party. C. Any unaltered male or female animal impounded three or more times in any twelve-month period may be permanently impounded, or, at the sole discretion of the animal control authority, may be required to be altered at the owner s expense within thirty days of the date of the animal s release from impoundment. The owner of the animal will present written proof of same to the animal control authority. (Ord (part), 2006: Ord (part), 1992) Dangerous dogs Confiscation Conditions Duties of animal control authority Penalties and affirmative defenses for owners of dogs that attack Dog fights, penalty. A. Any dangerous dog shall be immediately confiscated by the animal control authority if the: 1. Dog is not validly registered under Section ; 2. Owner does not secure or maintain the liability insurance coverage required under Section ; 3. Dog is not maintained in the proper enclosure as defined in Section ; or 4. Dog is outside of the dwelling of the owner, and not under control or confinement as defined in Section The owner must pay the costs incurred by the city for confinement and control. The animal control authority must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested, specifying the reason for the confiscation of the dangerous dog, that the owner is responsible for payment of the costs of confinement and control, and that the dog will be destroyed in an expeditious and humane manner if the deficiencies for which the dog was confiscated are not corrected within twenty days. In addition, the owner shall be guilty of a Class A offense. B. If a dangerous dog of an owner with a prior conviction under this chapter attacks or bites a person or another domestic animal, the dog s owner is guilty of a Class C felony, punishable in accordance with RCW 9A It is an affirmative defense that the defendant must prove by a preponderance of the evidence that he or she was in compliance with the requirements for ownership of a dangerous dog pursuant to this chapter and the person or domestic animal attacked or bitten by the defendant s dog trespassed on the defendant s real or personal property or provoked the defendant s dog without justification or excuse. In addition, if the affirmative defense is found insufficient, the dangerous dog shall be immediately confiscated by the animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner. C. The owner of any dog that aggressively attacks and causes severe injury or death of any human, whether or not the dog has previously been declared potentially dangerous or dangerous, shall, upon conviction, be guilty of a Class C felony punishable in accordance with RCW 9A It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the human severely injured or killed by the 7 of 12 3/10/ :47 AM 7. Chickens Council Discussion Public Comment Page 23 of 50

24 Chapter 6.04 ANIMALS defendant s dog: (1) trespassed on the defendant s real or personal property which was enclosed by fencing suitable to prevent the entry of young children and designed to prevent the dog from escaping and marked with clearly visible signs warning people, including children, not to trespass and to beware of dog; or (2) provoked the defendant s dog without justification or excuse on the defendant s real or personal property which was enclosed by fencing suitable to prevent the entry of young children and designed to prevent the dog from escaping and marked with clearly visible signs warning people, including children, not to trespass and to beware of dog. In such a prosecution, the state has the burden of showing that the owner of the dog either knew or should have known that the dog was potentially dangerous as defined in this chapter. The state may not meet its burden of proof that the owner should have known the dog was potentially dangerous solely by showing the dog to be a particular breed or breeds. In addition, the dog shall be immediately confiscated by an animal control authority, quarantined, and upon conviction of the owner destroyed in an expeditious and humane manner. D. Any person entering a dog in a dog fight is guilty of a Class C felony punishable in accordance with RCW 9A (Ord , 2015) Adoption procedures Fees. A. Animals held for the period prescribed in this section and not redeemed by the owner will become the property of the city. If, in the discretion of the impounding authority, the animal is adoptable, the following adoption fees shall apply: 1. Unaltered dog: eighty dollars; 2. Altered dog: forty dollars; 3. Unaltered cat: fifty dollars; 4. Altered cat: twenty-five dollars. B. The adopting party of an unaltered animal may have one-half of the adoption fee returned, once written proof of the animal s alteration is provided to the impounding authority. The adoption fee will be waived for animals which are transported to or adopted by other agencies. It will be the responsibility of that agency to spay or neuter those animals. (Ord (part), 2006) Confining dogs or cats in season. The owner or person having charge or control of any unaltered female dog or cat shall keep the animal confined in a building or secure enclosure in such a manner that said female dog or cat cannot come into contact with another animal except for planned breeding. (Ord (part), 2006: Ord (part), 1992) Maximum number of dogs and/or cats permitted. No more than three cats or three dogs, nor any combination of cats or dogs exceeding three in number which are over six months of age shall be kept on any premises in the city. This provision shall not apply to: A. Licensed kennels; B. Licensed veterinary clinics; 8 of 12 3/10/ :47 AM 7. Chickens Council Discussion Public Comment Page 24 of 50

25 Chapter 6.04 ANIMALS C. Licensed pet stores; or D. Animal foster care providers. Authorized animal foster care providers may house one additional temporary foster dog or cat. (Ord (part), 2006: Ord (part), 1992) Wild animals and/or birds. A. No person, in any area in the city, shall keep or maintain or have in his or her possession or under his or her control any wild animal and/or bird that exists in a wild state in the state of Washington, and any such animal or bird shall be immediately and permanently impounded. B. Subsection (A) of this section shall not apply to any person keeping, maintaining, or having in his or her possession or under his or her control any wild animal and/or bird in connection with an educational program, zoo, circus, or licensed/certified rehabilitator, provided such person has taken adequate measures to safeguard persons and property. (Ord (part), 2006: Ord (part), 1992) Livestock and/or poultry prohibited. No livestock or poultry of any kind shall be raised, bred or kept within the corporate limits of the city, and any such animal shall be immediately and permanently impounded. (Ord (part), 2006: Ord (part), 1992) Animal care. A. Dogs or cats kept outdoors for more than three hours at one time must be provided with a moisture-proof, wind-proof shelter, the size of which allows the animal to turn around freely, and to easily sit, stand and lie down in a normal position and which keeps the animal clean, dry and comfortable. B. Every owner shall provide his or her animal with sufficient good and wholesome food, water, and veterinary care when needed to prevent suffering, and with humane care and treatment. C. Any person who, while operating a motor vehicle, strikes a domestic animal shall immediately report such injury or death to the animal s owner, if known, and contact the animal control officer or police department. D. No person shall allow any animal to ride in the back of any moving open-bed vehicle unless that animal is properly secured in a crate or tied in a manner so that it cannot jump or fall out of the vehicle. E. No person shall abandon any domestic animal by dropping off or leaving the animal in the street, road, or highway, or on any other public or private property. Puppies or kittens brought in as abandoned shall immediately become property of the city and, at the discretion of the animal control authority, may be made available for adoption. F. No person shall willfully provoke, tease, molest, mistreat, or injure any animal. G. No animal shall be confined in or on a motor vehicle at any location under such conditions as may endanger the health or well-being of the animal, including but not limited to extreme temperatures, lack of food, water, and adequate ventilation. Any animal control officer or peace officer is authorized to remove any animal from a motor vehicle at any location, when he/she reasonably believes it is confined in the conditions described above. Any such animal shall be impounded and delivered to the animal shelter after the officer 9 of 12 3/10/ :47 AM 7. Chickens Council Discussion Public Comment Page 25 of 50

26 Chapter 6.04 ANIMALS leaves written notice of such removal and delivery, including the officer s name, in a conspicuous, secure location on or within the vehicle. H. No owner of any animal shall keep the same on any undeveloped lot within the corporate limits of the city, even if the lot belongs to the owner of that animal, provided the animal is not on that lot temporarily with an owner/camper. I. Any unwanted dog or cat may be taken to animal control by the owner. The owner shall sign a custody release form giving the city full custody of the animal. Animal control will then place the animal for adoption or may transfer it to PAWS for adoption. If the animal cannot be adopted due to age, health, or temperament, it may be humanely euthanized. If the owner of the animal is a resident of the city, the owner shall pay a twenty-five dollar fee to defray the cost of feeding and care. If the owner of the animal is a nonresident of the city, the owner shall pay a fee of fifty dollars. If financial hardship is the cause for relinquishment, and said financial hardship is documented to the satisfaction of the animal control authority, said fee will be waived. J. Violations of subsection (A), (B), (D), (E), (F), or (G) of this section shall be Class A offenses pursuant to Section (Ord (part), 2006: Ord , 2003; Ord (part), 1992) Allowing a potentially dangerous dog at large. A. Every person having the care or custody of a declared potentially dangerous dog, who shall allow the same to escape or run at large in any place or manner liable to endanger the safety of any person, shall be guilty of an offense under subsection (B) of this section. B. Allowing a potentially dangerous dog to run at large is a Class B offense. (Ord , 2015: Ord (part), 2006: Ord , 2003; Ord (part), 1979) Failure to maintain control or confinement of a dangerous dog. A. Every person having the care or custody of a dangerous dog shall maintain control and confinement of a dangerous dog as defined in Section B. Failure to maintain control and confinement of a dangerous dog is a Class A offense. (Ord , 2015) Violation Penalty. A. Except where specifically designated elsewhere, any person violating Section , , , , , or shall be guilty of a Class 1 civil infraction and fined as follows: 1. First offense: seventy-five dollars plus statutory assessments; 2. Second offense: one hundred seventy-five dollars plus statutory assessments; 3. Third offense: two hundred fifty dollars plus statutory assessments and permanent impoundment of the animal. B. All other violations of this chapter not specifically designated herein as Class A offenses, Class C offenses, or infractions shall be punishable Class B offenses as defined in Section of 12 3/10/ :47 AM 7. Chickens Council Discussion Public Comment Page 26 of 50

27 Chapter 6.04 ANIMALS (Ord , 2015: Ord (part), 2006: Ord , 2003; Ord , 1993; Ord (part), 1992) State provisions adopted by reference. Chapter RCW, Prevention of Cruelty to Animals, is hereby adopted by reference to augment this chapter, with the exception of RCW , Animal cruelty in the second degree. In the event there is any conflict between Chapter RCW and the Ocean Shores Municipal Code, the Ocean Shores Municipal Code shall control. (Ord (part), 2006: Ord , Formerly ) Animal cruelty in the second degree Elements. A. A person is guilty of animal cruelty in the second degree if, under circumstances not amounting to animal cruelty in the first degree, that person knowingly, recklessly, or with criminal negligence inflicts unnecessary suffering or pain upon an animal. B. An owner of an animal is guilty of animal cruelty in the second degree if, under circumstances not amounting to first degree animal cruelty, the owner knowingly, recklessly, or with criminal negligence: 1. Fails to provide the animal with the necessary shelter, rest, sanitation, space or medical attention and the animal suffers unnecessary or unjustifiable physical pain as a result of the failure; or 2. Abandons the animal. C. Animal cruelty in the second degree is a Class B offense. (Ord (part), 2006) Nonliability. Nothing in this chapter is intended to be, nor shall be, construed to create or form the basis for any liability on the part of the city, its officers, employees or agents, for any injury or damage resulting from the failure of any person to comply with the terms of this chapter, or by reason or in consequence of any omission in connection with the implementation or enforcement of this chapter on the part of the city by its officers, employees or agents. The provisions of this chapter are intended for the benefit of the public in general and not for any particular individual or individuals. (Ord (part), 2006: Ord (part), Formerly ) Severability. If any provision of this chapter or its application to any person or legal entity or circumstances is held invalid by a court of competent jurisdiction, the remainder of this chapter, or the application of the provisions to other persons or legal entities or circumstances, shall not be affected. (Ord (part), 2006: Ord (part), Formerly ) 11 of 12 3/10/ :47 AM 7. Chickens Council Discussion Public Comment Page 27 of 50

28 Chapter 6.04 ANIMALS The Ocean Shores Municipal Code is current through Ordinance 968, passed January 25, Disclaimer: The City Clerk's Office has the official version of the Ocean Shores Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. City Website: ( City Telephone: (360) of 12 3/10/ :47 AM 7. Chickens Council Discussion Public Comment Page 28 of 50

29 City of Ocean Shores AGENDA BILL COUNCIL MEETING DATE: March 14, 2016 SUBJECT: Sign Code CATEGORY: CONSENT AGENDA ORDINANCE STAFF REPORT PUBLIC COMMUNICATION RESOLUTION PROCLAMATION OLD BUSINESS REQUEST STUDY SESSION NEW BUSINESS CONSULTANT REPORT X OTHER (DISCUSSION) ATTACHMENTS: Ocean Shores Municipal Code Chapter Sign Code SUMMARY/BACKGROUND: At the February 22, 2016 Regular City Council Meeting, there was City Council consensus to bring the sign code forward as a discussion item EXPENDITURE AMOUNT: n/a AMOUNT BUDGETED: n/a BUDGET MODIFICATION REQUIRED: n/a STAFF RECOMMENDATION: n/a MAYOR'S RECOMMENDATION: n/a PRESENTED BY: Council Discussion (BELOW TO BE COMPLETED BY CITY CLERK S OFFICE) COUNCIL ACTION: APPROVED CONTINUED DENIED COUNCIL REQUEST FOR INFORMATION: updated 8. Sign Code Council Discussion Public Comment Page 29 of 50

30 Page 30 of 50

31 Chapter SIGN CODE Sections: Purpose Definitions General sign types Applicability General provisions Prohibited signs Permits Specific sign requirements Signs for development complexes Adoption Copies on file Severability Purpose. Chapter SIGN CODE The intent of this chapter is to promote public health, safety, and welfare through a comprehensive system of reasonable, effective, consistent, content-neutral, and nondiscriminatory sign standards and requirements, including the following purposes: A. Promote the goals and policies of the comprehensive plan; B. Promote economic vitality of the city s business districts and corridors; C. Ensure that signs are compatible with the desired character and identity of Ocean Shores and its various districts and corridors; D. To recognize free speech rights by regulating signs in a content-neutral manner; E. To promote the free flow of traffic and protect pedestrians and motorists from injury and property damage caused by, or which may be fully or partially attributable to, cluttered, distracting, and/or illegible signage; F. To prevent property damage, personal injury, and litter from signs which are improperly constructed, poorly maintained, or of flimsy materials; G. To protect property values, the local economy, and the quality of life by preserving and enhancing the appearance of the streetscape; H. To provide consistent sign design standards; I. To promote signs that are designed appropriate to the site s existing and planned context, including the size and characteristics of the site, the speed limit of the fronting street, and the envisioned character of the applicable area per adopted plans; J. To provide an improved visual environment for the citizens of and visitors to the city and to protect prominent viewsheds within the community; and K. To enable the fair and consistent enforcement of these sign regulations. (Ord , 2015: Ord of 20 3/10/ :48 AM 8. Sign Code Council Discussion Public Comment Page 31 of 50

32 Chapter SIGN CODE (part), 2007) Definitions. The following words and terms shall, for the purpose of this chapter and as used elsewhere in this code, have the meanings shown herein: A-frame sign means a portable two-faced, A-frame or sandwich board style sign which is readily moveable and has no permanent attachment to a building structure or ground not to exceed ten square feet per side. Abandoned sign means a sign structure that has ceased to be used and the owner intends no longer to have use for the display of sign copy, or as otherwise defined by state law. Animated sign means a sign employing actual motion or the illusion of motion. Animated signs, which are differentiated from changeable signs as defined and regulated by this code, include the following types: Electrically Activated. Animated signs producing the illusion of movement by means of electronic, electrical or electro-mechanical input and/or illumination capable of simulating movement through employment of the characteristics of one or both of the classifications noted below: 1. Flashing. Animated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of nonillumination. For the purposes of this chapter, flashing will not be defined as occurring if the cyclical period between on-off phases of illumination exceeds four seconds. 2. Patterned Illusionary Movement. Animated signs or sequential activation of various illuminated elements for the purpose of producing repetitive light patters designed to appear in some form of constant motion. Environmentally Activated. Animated signs or devices motivated by wind, thermal changes or other natural environmental input. Includes spinners, pinwheels, pennant strings, and/or other devices or displays that respond to naturally occurring external motivation. Mechanically Activated. Animated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means. Architectural projection means any projection that is not intended for occupancy and that extends beyond the face of an exterior wall of a building, but that does not include signs as defined herein. See also awning ; backlit awning ; canopy (attached) and canopy (freestanding). Awning means an architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid or nonrigid materials and/or fabric on a supporting framework that may be either permanent or retractable, including such structures that are internally illuminated by fluorescent or other light sources. Awning sign means a sign displayed on or attached flat against the surface or surfaces of an awning. See also wall or fascia sign. Backlit awning means an awning with a translucent covering material and a source of illumination contained within its framework. Banner means a flexible substrate on which copy or graphics may be displayed. 2 of 20 3/10/ :48 AM 8. Sign Code Council Discussion Public Comment Page 32 of 50

33 Chapter SIGN CODE Banner sign means a sign utilizing a banner as its display surface. Billboard. See off-premises sign and outdoor advertising sign. Building elevation means the entire side of a building, from ground level to the roofline, as viewed perpendicular to the walls on that side of the building. Canopy (attached) means a multisided overhead structure or architectural projection supported by attachments to a building on one or more sides and either cantilevered from such building or also supported by columns at additional points. The surface(s) and/or soffit of an attached canopy may be illuminated by means of internal or external sources of light. See also marquee. Canopy (freestanding) means a multisided overhead structure supported by columns, but not enclosed by walls. The surface(s) and/or soffit of a freestanding canopy may be illuminated by means of internal or external sources of light. Canopy sign means a sign affixed to the visible surface(s) of an attached or freestanding canopy. For reference, see Section Central downtown area means that portion of the city of Ocean Shores abutting both sides of Point Brown Avenue from the city gates to Albatross Street, and Ocean Shores Boulevard NW from Point Brown Avenue to Frigate Street NE, and the area in between, and that portion of the city abutting East Chance a la Mer NE from Point Brown Avenue to Dolphin Avenue NE, and abutting J.K. Lewis Street NE from Point Brown Avenue to Dolphin Avenue NE. Changeable sign means a sign with the capability of content change by means of manual or remote input, including signs which are: Electronically Activated. Changeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light sources designed to reflect off the changeable component display. See also Electronic message sign or center. Manually Activated. Changeable sign whose message copy or content can be changed manually. Combination sign means a sign that is supported partly by a pole and partly by a building structure. Community event sign means a temporary sign or banner advertising a community event, including (A) events as permitted under Chapter 5.24, Special Events, (B) events conducted pursuant to a contract with the Ocean Shores convention center and held entirely within the confines of the Ocean Shores convention center, and (C) public, service club, school, or charitable events conducted by nonprofit organizations at non-city-owned venues within the city of Ocean Shores, not including advertising for private or commercial purposes. Copy means those letters, numerals, figures, symbols, logos and graphic elements comprising the content or message of a sign, excluding numerals identifying a street address only. Development complex sign means a freestanding sign identifying a multiple-occupancy development, such as a shopping center or planned industrial park, which is controlled by a single owner or landlord, approved in accordance with Section (B). 3 of 20 3/10/ :48 AM 8. Sign Code Council Discussion Public Comment Page 33 of 50

34 Chapter SIGN CODE Directional sign means any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic. Double-faced sign means a sign with two faces, back to back. Electric sign means any sign activated or illuminated by means of electrical energy. Electronic message sign or center means an electrically activated changeable sign whose variable message capability can be electronically programmed. Exterior sign means any sign placed outside a building. Fascia Sign. See wall or fascia sign. Flashing Sign. See animated sign, electrically activated. Freestanding sign means a sign principally supported by a structure affixed to the ground, and not supported by a building, including signs supported by one or more columns, poles or braces placed in or upon the ground. For visual reference, see Section Frontage (building) means the length of an exterior building wall or structure of a single premises oriented to the public way or other properties that it faces. Frontage (property) means the length of the property line(s) of any single premises along either a public way or other properties on which it borders. Ground Sign. See freestanding sign. Illuminated sign means a sign characterized by the use of artificial light, either projecting through its surface(s) (internally illuminated) or reflecting off its surface(s) (externally illuminated). Interior sign means any sign placed within a building, but not including window signs as defined by this chapter. Interior signs, with the exception of window signs as defined, are not regulated by this chapter. Mansard means an inclined decorative roof-like projection that is attached to an exterior building facade. Marquee. See canopy (attached). Marquee Sign. See canopy sign. Menu board means a freestanding sign orientated to the drive-through lane for a restaurant that advertises the menu items available from the drive-through window, and which has no more than twenty percent of the total area for such a sign utilized for business identification. Multiple-faced sign means a sign containing three or more faces. Off-premises sign means any sign which carries advertising for a business or occupancy and is not located on the premises of the business or occupancy. On-premises sign means a sign erected, maintained or used in the outdoor environment for the purpose of the display of messages appurtenant to the use of, products sold on, or the sale or lease of the property on which it is displayed. Outdoor advertising sign means a permanent sign erected, maintained or used in the outdoor environment 4 of 20 3/10/ :48 AM 8. Sign Code Council Discussion Public Comment Page 34 of 50

35 Chapter SIGN CODE for the purpose of the display of commercial or noncommercial messages not appurtenant to the use of, products sold on, or the sale or lease of the property on which it is displayed. Parapet means the extension of a building facade above the line of the structural roof. Pole Sign. See freestanding sign. Political sign means a sign advertising a candidate or candidates for public elective office, or a political party, or a sign urging a particular vote on a public issue decided by ballot and shall include a temporary sign intended to advance a political statement or cause. A legally permitted outdoor advertising sign shall not be considered to be a political sign. Portable sign means any sign not permanently attached to the ground or to a building or building surface. Premises means: 1. In real estate, land and the improvements on it, a building, store, shop, apartment, or other designated structure. 2. A house or building, together with its land and outbuildings, occupied by a business or considered in an official context. 3. A tract of land with the buildings thereon. 4. Integrated land area including improvements thereon undivided by public thoroughfares or water distribution mains of the city of Ocean Shores and where all parts of the premises are operated under the same management and for the same purpose. Projecting sign means a sign other than a wall sign that is attached to or projects more than eighteen inches (four hundred fifty-seven millimeters) from a building face or wall or from a structure whose primary purpose is other than the support of a sign. For visual reference, see Section Real estate sign means a temporary sign advertising the sale, lease or rental of the property or premises upon which it is located. Revolving sign means a sign that revolves three hundred sixty degrees (6.28 radians) about an axis. See also animated sign, mechanically activated. Roof line means the top edge of a peaked roof or, in the case of an extended facade or parapet, the uppermost point of said facade or parapet. Roof sign means a sign mounted on, and supported by, the main roof portion of a building, or above the uppermost edge of a parapet wall of a building and which is wholly or partially supported by such a building. Signs mounted on mansard facades, pent eaves and architectural projections such as canopies or marquees shall not be considered to be roof signs. For a visual reference, and a comparison of differences between roof and fascia signs, see Section Sign means any device visible from a public place that displays either commercial or noncommercial messages by means of graphic presentation of alphabetic or pictorial symbols or representations. Noncommercial flags or any flags displayed from flagpoles or staffs will not be considered to be signs. Sign area means the area of the smallest geometric figures, or the sum of the combination of regular 5 of 20 3/10/ :48 AM 8. Sign Code Council Discussion Public Comment Page 35 of 50

36 Chapter SIGN CODE geometric figures, which comprise the sign face. The area of any double-sided or V shaped sign shall be the area of the largest single face only. The area of a sphere shall be computed as the area of a circle. The area of all other multiple-sided signs shall be computed as fifty percent of the sum of the area of all faces of the sign. Sign copy means those letters, numerals, figures, symbols, logos and graphic elements comprising the content or message of a sign, exclusive of numerals identifying a street address only. Sign face means the surface upon, against or through which the sign copy is displayed or illustrated, not including structural supports, architectural features of a building or sign structure, nonstructural or decorative trim, or any areas that are separated from the background surface upon which the sign copy is displayed by a district delineation, such as a reveal or border. See Section In the case of panel or cabinet type signs, the sign face shall include the entire area of the sign panel, cabinet or face substrate upon which the sign copy is displayed or illustrated, but not open space between separate panels or cabinets. 2. In the case of sign structures with routed areas of sign copy, the sign face shall include the entire area of the surface that is routed, except where interrupted by a reveal, border, or a contrasting surface or color. 3. In the case of signs painted on a building, or individual letters or graphic elements affixed to a building or structure, the sign face shall comprise the sum of the geometric figures or combination of regular geometric figures drawn closest to the edge of the letters or separate graphic elements comprising the sign copy, but not the open space between separate groupings of sign copy on the same building or structure. 4. In the case of sign copy enclosed within a painted or illuminated border, or displayed on a background contrasting in color with the color of the building or structure, the sign face shall comprise the area within the contrasting background, or within the painted or illuminated border. Sign structure means any structure supporting a sign. Temporary sign means a sign intended to display either commercial or noncommercial messages of a transitory or temporary nature. Portable signs or any sign not permanently embedded in the ground or not permanently affixed to a building or sign structure that is permanently embedded in the ground are considered temporary signs. Under canopy sign or under marquee sign means a sign attached to the underside of a canopy or marquee. V sign means a sign containing two faces of approximately equal size, erected upon common or separate structures, positioned in a V shape with an interior angle between faces of not more than ninety degrees (1.57 radians) with the distance between the sign faces not exceeding five feet (one thousand five hundred twenty-four millimeters) at their closest point. Wall or fascia sign means a sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than eighteen inches (four hundred fifty-seven millimeters) from the building or structure wall, including signs affixed to architectural projections from a building provided the copy area of such signs remains on a parallel plane to the face of the building facade or to the face or faces of the architectural projection to which it is affixed. For a visual reference and a comparison of differences between wall or fascia signs and roof signs, see Section of 20 3/10/ :48 AM 8. Sign Code Council Discussion Public Comment Page 36 of 50

37 Chapter SIGN CODE Window sign means a sign affixed to the surface of a window with its message intended to be visible to and readable from the public way or from adjacent property. (Ord , 2015; Ord , 2015; Ord (part), 2010; Ord , 2008; Ord (part), 2007) General sign types. Sign types shall be as depicted in Figures (1) through (4). 7 of 20 3/10/ :48 AM 8. Sign Code Council Discussion Public Comment Page 37 of 50

38 Chapter SIGN CODE Figure (1) GENERAL SIGN TYPES Figure (2) COMPARISON ROOF AND WALL OR FASCIA SIGNS 8 of 20 3/10/ :48 AM 8. Sign Code Council Discussion Public Comment Page 38 of 50

39 Chapter SIGN CODE Figure (3) SIGN AREA COMPUTATION METHODOLOGY 9 of 20 3/10/ :48 AM 8. Sign Code Council Discussion Public Comment Page 39 of 50

40 Chapter SIGN CODE Figure (4) SIGN AREA COMPUTATION METHODOLOGY (Ord (part), 2007) Applicability. A. Applicability. This chapter applies to all signs, of whatever nature and wherever located, within the city. B. Interpretation. This chapter is not intended to and does not restrict speech on the basis of its content, viewpoint, or message. Any classification of signs in this chapter that permits speech by reason of the type of sign, identity of the sign user, or otherwise, shall also be interpreted to allow noncommercial speech on the sign. No part of this chapter shall be construed to favor commercial speech over noncommercial speech. To the extent any provision of this chapter is ambiguous, the term shall be interpreted not to regulate on the basis of the content of the message. C. Exemptions. The following signs do not require a sign permit (unless noted), nor shall the area and 10 of 20 3/10/ :48 AM 8. Sign Code Council Discussion Public Comment Page 40 of 50