Title 3 PERSONNEL

3.92 Code of Ethics – City Council and City Boards, Commissions and Committees

Chapter 3.04
CITY MANAGER

3.04.010 Powers and duties.

The powers and duties of the city manager, appointed by the city council during the period that the council-manager plan of government is in effect in the city, shall be coextensive with those powers and duties prescribed by the laws of the state now in force or as hereafter amended. (1961 code § 3.04.010.)

3.04.020 Office full-time job – Oath.

Unless express authority to the contrary is hereafter granted by resolution of the city council, the city manager shall devote his full time to the affairs of the city, and before undertaking the duties of his office the city manager shall take an official oath in support of the government of the United States, the laws of the state of Washington, the ordinances of the city of Bellevue and the faithful performance of his duties. (1961 code § 3.04.020.)

Chapter 3.08
CITY CLERK

3.08.010 Office created – Appointment – Vacancy.

There is created and established the office of city clerk, to be filled or vacated by appointment or removal by the city manager. (Ord. 4444 § 1, 1992; 1961 code § 3.08.010.)

3.08.020 Bond – Oath.

The person appointed to fill the office of clerk or temporary clerk shall qualify before entering upon the duties of such office by furnishing an official bond in accordance with Chapter 3.88 BCC, and upon filing his or her oath to support the government of the United States of America, the state of Washington, the city of Bellevue and to faithfully perform his or her duties. (Ord. 4444 § 2, 1992; 1961 code § 3.08.020.)

3.08.030 Powers and duties.

The city clerk shall have all of the powers granted and duties imposed by authority of the laws of the state and ordinances of the city, now existing or hereinafter adopted, subject to the general supervision and control of the city manager or substitute manager. (1961 code § 3.08.030.)

3.08.040 Compensation.

The city clerk and such deputies as he may appoint with the consent of the city manager shall receive compensation as may be fixed by the city council at the time the budget is made, as provided by law. (1961 code § 3.08.040.)

Chapter 3.19
DISTRICT COURT

3.19.010 Ordinance violations – Jurisdiction.

The King County District Court, Bellevue Division, as provided for in Chapters 3.30 through 3.74 RCW, as amended, with the exception of Chapters 3.46 and 3.50 RCW, shall have jurisdiction over all violations of city ordinances except as otherwise provided in this code. (Ord. 4962 § 2, 1997.)

Chapter 3.33
EMERGENCY AND SAFETY
SERVICES GROUP

3.33.060 Appointment of deputies and other officers – Administrative structure.

3.33.010 Established – Duties.

There is created and established a new administrative organization of city government to be known as the emergency and safety services group, to be operated under the direction and control of director(s) of the emergency and safety services group, under the supervision and authority of the city manager or his lawfully designated representative. The functions and duties of this administrative organization shall include: crime suppression, transportation safety, fire prevention, fire control, civil defense, emergency medical services, structural safety, community education for crime prevention and for fire prevention and control, and such other related duties as may be assigned by the city manager. (1961 code § 3.33.010.)

3.33.020 Organization – Departments and divisions.

There shall be four major subgroups within the emergency and safety services group, as follows:

A. The fire department, the functions of which shall include fire prevention, fire suppression, emergency medical services and staff support, and which shall be staffed by firefighters;

B. The police department, the functions of which shall include police investigation, patrol, traffic control, community affairs and staff support, and which shall be staffed by law enforcement officers;

C. The structural safety division, the functions of which shall include building and fire inspection and code enforcement;

D. The staff support division, which shall provide staff support and assistance to the director(s) of the emergency and safety services group and to the other departments and divisions thereof. (1961 code § 3.33.020.)

3.33.030 Director(s) – Appointment – Removal.

The director(s) of the emergency and safety services group shall be appointed by the city manager upon the basis of ability and training or experience for such office, and they and their deputies may be removed by the city manager, subject to any applicable law, ordinance, rule or regulation then in force and effect relating to civil service. The city manager shall determine whether one or two directors will be required in order to provide adequate overall supervision of the administrative group. (1961 code § 3.33.030.)

3.33.040 Director(s) – Bond – Oath.

The director(s) of the emergency and safety services group shall qualify, before entering upon their duties, by furnishing a fidelity bond at the expense of the city, in a sum set by the city council, and upon filing their oaths to support the government of the United States, the state of Washington, the city of Bellevue, and for the faithful performance of their duties. (1961 code § 3.33.040.)

3.33.050 Director(s) – Powers and duties – Compensation.

A. The director(s) of the emergency and safety services group shall each have all of the powers granted, together with all of the duties imposed by the laws of the state relating to fire chiefs and police chiefs, and in addition thereto they shall have the power and duty to enforce this code and the ordinances of the city and to perform such other services as the laws of the state or this code and the ordinances of the city may now or hereafter require, and shall receive for the faithful performance of their duties such compensation as shall be fixed by ordinance.

B. When there are two directors, one director shall, in addition, have the title of “police chief” and shall have primary responsibility for overall supervision of the functions of the police department. Such director shall also be vested with all authority of the head of the fire department in the event of need or emergency. The other director, when there are two, shall, in addition, have the title of “fire chief” and shall have primary responsibility for overall supervision of the functions of the fire department. Such director shall also be vested with all authority of the head of the police department in the event of need or emergency. (1961 code § 3.33.050.)

3.33.060 Appointment of deputies and other officers – Administrative structure.

The chief of police may appoint, with the consent of the city manager, subject to any applicable civil service provisions, deputies and other public officers from other city departments. Such officers shall have the power of citation as may be appropriate and necessary for the proper performance of the duties of their office. Upon such appointment being made, the chief of police shall issue to the appointee a limited commission card. The appointment shall continue until the appointee is permanently terminated from city employment, but may be revoked at any time by the chief of police or the city manager. (Ord. 2006 § 1, 1974; 1961 code § 3.33.060.)

3.33.070 Assignment of officers.

No law enforcement officer assigned to the police department shall be involuntarily assigned to the fire department and no firefighter assigned to the fire department shall be involuntarily assigned to the police department. (1961 code § 3.33.070.)

Chapter 3.37
DEPARTMENT OF FINANCE

3.37.010 Department established – Function.

There is established a department of finance which shall be responsible for general supervision over the financial affairs of the city. (Ord. 4880 § 2, 1996; Ord. 4562 § 1, 1993; Ord. 2092 § 1, 1974; 1961 code § 3.37.010.)

3.37.020 Director – Appointment.

The functions of the department shall be executed under the supervision and control of a director of finance. The director shall be appointed for an indefinite term by the city manager for his/her executive and administrative qualifications in such work. The director may be removed by the city manager at any time pursuant to the provisions of RCW 35A.13.100. (Ord. 4880 § 3, 1996; Ord. 4562 § 2, 1993; Ord. 2092 § 1, 1974; 1961 code § 3.37.020.)

3.37.030 Director – Designated treasurer.

The director of finance shall be designated city treasurer to perform in such capacity whenever the laws of the state or the ordinances of the city make reference to such position.

The director may appoint a subordinate employee from the department to assist in the performance of the duties of city treasurer. (Ord. 4880 § 4, 1996; Ord. 4562 § 3, 1993; Ord. 2092 § 1, 1974; 1961 code § 3.37.030.)

3.37.040 Director – Bond.

Before undertaking the duties of city treasurer, the director shall qualify by furnishing a fidelity bond at the expense of the city in a sum to be set by the city council. (Ord. 2092 § 1, 1974; 1961 code § 3.37.040.)

3.37.050 Director – Powers and duties – City funds – List.

The director of finance shall have powers and duties coextensive with those prescribed by the laws of the state and the ordinances of the city as now in force or as hereinafter amended or adopted. The director is authorized to create new budgeting, accounting and reporting funds and to consolidate and/or close such existing funds except as may otherwise be directed by state law. The director shall prepare and maintain a list of such funds and a general description of their use. Such list shall be available to the public for review and copying upon request. (Ord. 4907 § 21, 1996; Ord. 4880 § 5, 1996; Ord. 4562 § 4, 1993; Ord. 2092 § 1, 1974; 1961 code § 3.37.050.)

3.37.060 Director – Investment of city funds.

The director of finance is authorized to determine the amount of money available in each fund administered by the city for investment purposes, and is authorized to invest such moneys in all forms of investments that are authorized by law.

The director may appoint a subordinate employee from the department to assist in the performance of the duties described in this section. (Ord. 4880 § 6, 1996; Ord. 4562 § 5, 1993; Ord. 2356 § 1, 1976.)

3.37.070 Director – Interfund loan authority. Amended Ord. 5783

The director of finance is authorized to make loans from one city fund to another city fund for periods not exceeding three months. Such loans shall be authorized by the director only after he has made a determination, in writing, that the loaning fund will have adequate cash balances to continue to meet current expenses payable from the fund after the loan is made and until repayment thereof and that the loan is necessary to enable the receiving fund to meet current expenses payable from the receiving fund. Such loans shall be without interest unless interest is required by law, in which case the director shall designate the appropriate rate.

The director may appoint a subordinate employee from the department to assist in the performance of the duties described in this section. (Ord. 4880 § 7, 1996; Ord. 4562 § 6, 1993; Ord. 3564 § 1, 1985; Ord. 2821 § 1, 1980.)

3.37.080 Director – Petty cash accounts.

The director of finance is authorized to establish petty cash accounts within any fund of the city for any lawful purpose, which purpose shall be stated in writing by the director. At the time the account is established the director shall also appoint a single custodian for the account. The custodian may be changed from time to time as the director determines in writing. The director may also adopt procedures regarding the establishment and maintenance of such accounts. (Ord. 4880 § 8, 1996; Ord. 4562 § 7, 1993; Ord. 3494 § 1, 1985.)

3.37.090 Director – Credit cards.

A. The director of finance shall implement the following system for the distribution, authorization and control, credit limits and payment of bills related to the use of credit cards by city officials and employees:

1. Distribution. Credit cards may be distributed to those city officials and employees who, in the opinion of the director or his designee, have job responsibilities which would benefit or otherwise be facilitated by the use of a credit card.

2. Authorization and Control. The director of finance shall develop and implement guidelines and accounting controls to ensure the proper usage of credit cards and credit card funds.

3. Credit Limits. The director of finance shall set credit limits on each credit card issued; provided, that in no event shall such credit limit exceed $5,000 for any individual credit card.

4. Payment of Bills. The director of finance shall establish and implement a written procedure for the payment of all credit card bills.

B. The director of finance is authorized to adopt any additional procedures or policies necessary to implement the provisions of this section. (Ord. 4780 § 1, 1995.)

3.37.100 Authority of director regarding delinquent accounts.

The finance director, or his authorized representative, shall have the authority to refer delinquent accounts including, but not limited to, fees, taxes, penalties and interest of the city or any of its departments to an agency for collection and to write off accounts that are over one year old in an amount not to exceed $1,000 per account. This write-off option shall be utilized only after it has been determined by the finance director that there is no cost-effective means of collecting the account. Prior to assigning any account to a collection agency, the finance director, or his authorized representative, shall ensure that the procedural requirements of RCW 19.16.500, or any successor statute, have been met. (Ord. 4878 § 1, 1996; Ord. 4191 § 1, 1990; Ord. 2809 § 3, 1980.)

3.37.110 Director – Advance of/ reimbursement for employee business expenses.

A. It is the policy of the city to reimburse city employees and city officials who incur authorized travel, subsistence, registration and related expenses while on city business. Claimants have the responsibility for becoming knowledgeable about allowable expenditures and the documentation requirements. Care must be taken to avoid unnecessary or excessive expenditures, and those not directly and reasonably related to the conduct of city business.

B. The finance director is authorized to promulgate rules and procedures for the purpose of administering this policy and to provide forms accompanied by instructions for their implementation. Exceptions to the finance director’s rules and procedures may be made only for unusual or extenuating circumstances upon the written directive of the city manager or his/her designee or in the case of city council members, the mayor or his/her designee, if such expenses reasonably relate to a benefit or service received by the city and compliance with these rules and procedures is or was not feasible. (Ord. 4968 § 1, 1997.)

Chapter 3.38
WATERWORKS UTILITY

3.38.010 Composition.

The waterworks utility of the city of Bellevue, as established by Ordinance No. 2169 and added to by Ordinance No. 2845, as now or hereafter amended, shall consist of the water, sanitary sewerage and storm and surface water utilities of the city. (Ord. 3158 § 1, 1982.)

3.38.020 Director and organization.

The waterworks utility shall be administered as a part of the utilities department and the director of the utilities department shall be responsible for the supervision and control thereof. (Ord. 4568 § 1, 1993; Ord. 3158 § 1, 1982.)

3.38.040 Powers.

The waterworks utility shall have all powers available under state law. (Ord. 3158 § 1, 1982.)

Chapter 3.39
DEPARTMENT OF TRANSPORTATION

3.39.010 Department established – Functions.

There is created and established a department of transportation which shall perform all transportation functions performed by the former department of public works and utilities and by the planning department; provide property services; administer MERF and EERF; and provide such other services as may be directed by the city manager. (Ord. 4560 § 2, 1993.)

3.39.020 Director – Appointment – Responsibilities.

The city manager shall appoint the director of the department of transportation who shall report directly to the city manager. The director shall be appointed for an indefinite term and may be removed at any time pursuant to the provisions of RCW 35A.13.100. The director shall direct the operations of the department of transportation. (Ord. 4560 § 2, 1993.)

3.39.030 Engineering and development standards.

Chapter 3.40
STORM AND SURFACE WATER UTILITY

3.40.010 Established – City powers.

There is created and established a storm and service water utility of the city which shall operate as a component of the waterworks utility and which shall be administered by the utilities department. The city elects to exercise all the lawful powers necessary and appropriate to the construction, condemnation and purchase, acquisition, addition to, maintenance, conduct and operation, management, regulation and control of the storm and surface water utility described in Section 4 of Ordinance 2003 and as the same may hereafter be added to, bettered or extended within or without the present and future limits of the city, including, without limitation, all the lawful powers to fix, alter, regulate and control the rate, charges and conditions for the use thereof. (Ord. 4569 § 1, 1993; Ord. 3158B § 2, 1982; Ord. 2003 § 1, 1974.)

3.40.020 Director – Responsibilities.

The director of the utilities department shall direct the operations of the utility, including, but not limited to, the administration, planning, design, construction, operation, maintenance and regulation of the storm drainage system. (Ord. 4569 § 2, 1993; Ord. 3158B § 3, 1982; Ord. 2003 § 2, 1974.)

3.40.030 System adopted – Transfer of administrative duties.

A. There is specified and adopted the original system or plan of the storm and surface water public utility described as set forth on the map labeled “Exhibit A,” on file in office of the city clerk, and made a part hereof by this reference, and which shall include all properties, interest and physical and intangible rights of every kind or nature owned or held by the city, however acquired, insofar as they relate to or concern storm or surface water sewage; further including, without limitation, all such properties, interests and rights acquired by adverse possession or by prescription, directly or through another, in and to the drainage or storage, or both, of storm or surface waters, or both, through, under or over lands, landforms, watercourses, sloughs, streams, ponds, lakes and swamps, all beginning in each case or instance at a point where storm or surface waters first enter the storm or surface water system of the city and ending in each case or instance at a point where such storm or surface waters exit from the storm or surface water system of the city, and in width to the full extent of inundation caused by the largest storm or flood condition.

B. The city council expressly finds that the value of the above-described original system or plan of storm and surface water public utility is equal to the value of release from primary responsibility therefor insofar as they relate to or concern storm or surface waters. Accordingly, all of the city’s above-mentioned facilities and rights, insofar as they relate to or concern storm or surface waters, are transferred to and subject to the administration of the storm and surface water utility created by this chapter, and each institution and department of the city having responsibility therefor is, to the same extent, released from such primary responsibility. (Ord. 2003 § 3, 1974.)

3.40.040 Engineering and development standards.

3.40.050 Board of appeals.

The environmental services commission shall act as a board of appeals as set forth in BCC 3.40.060 through 3.40.080. (Ord. 4569 § 4, 1993; Ord. 3262 § 1, 1983.)

3.40.060 Intensity of development classification – Appeal.

Any person disagreeing with the intensity of development classification as determined by the utilities department under Ordinance 2429, Section 2 or 3, as now or hereafter amended for property owned by them may appeal such determination to the board of appeals. Any appeal of an intensity of development classification in effect as to any property as of the effective date of the ordinance codified in this chapter must be filed by December 31, 1983. Any appeal of any intensity of development classification determined for any property after the effective date of the ordinance codified in this chapter must be filed in writing with the city clerk not later than 60 days after the date on which the utilities department makes the determination of intensity of development classification for such property. The written statement of appeal must be filed together with an appeal notification form available from the office of the city clerk. (Ord. 4978 § 17, 1997; Ord. 3262 § 1, 1983.)

3.40.065 Civil penalties and change in billing rate – Appeal.

Any person aggrieved by any notice and order of the director of the utilities department issued pursuant to BCC 24.08.100, 24.08.110 or 24.08.120 may appeal such determination to the board of appeals by filing a written statement of appeal with the city clerk within 14 days of issuance of the notice and order. The written statement must be filed together with an appeal notification form available from the office of the city clerk. (Ord. 4978 § 18, 1997; Ord. 4569 § 5, 1993; Ord. 3339 § 2, 1983.)

3.40.070 Procedure before board of appeals.

Upon receiving an appeal, the city clerk shall forward such appeal to the board of appeals. The board of appeals shall then set a date of the hearing of the appeal. The parties to the appeal are the appellant and the utilities department. The board of appeals is authorized to establish procedures for the processing of such appeals and the conduct of its hearings. (Ord. 4978 § 19, 1997; Ord. 3262 § 1, 1983.)

3.40.080 Decision of the board.

In hearing such appeals, the board of appeals shall be limited to determining whether the intensity of development classification determined for the property by the storm and surface water utility is correct. In making its decision, the board of appeals shall state for the record the basis for its decision or, in the alternative, may elect to issue a written decision. (Ord. 3262 § 1, 1983.)

Chapter 3.41
UTILITIES DEPARTMENT

3.41.010 Department established – Functions.

There is created and established a utilities department which shall administer and operate the waterworks utility comprised, pursuant to Chapter 3.38 BCC, of the water utility, the sanitary sewer utility and the storm and surface water utility and shall also be responsible for, among other things, performing all functions relating to regulation and administration of public and private utilities operating within the city, solid waste and recycling collection within the city and utility maintenance. (Ord. 4561 § 1, 1993.)

3.41.020 Director – Appointment – Responsibilities.

The city manager shall appoint the director of the utilities department who shall report directly to the city manager. The director shall be appointed for an indefinite term and may be removed at any time pursuant to the provisions of RCW 35A.13.100. The director shall direct the operations of the department. (Ord. 4561 § 1, 1993.)

3.41.030 Engineering and development standards.

Chapter 3.42
DEPARTMENT OF PARKS AND COMMUNITY SERVICES

3.42.010 Department of parks and community services – Creation of.

For the purpose of providing for the proper maintenance and operation of public parks, playgrounds and other recreational facilities belonging to, or operated in whole or in part by the city, and providing for community services, including but not limited to administration of probation services and provision of human services; and providing for the execution of city ordinances and resolutions regarding the acquisition of land, structures and other facilities for the park and recreational program of the city, there is established a department of the city to be known as the department of parks and community services, hereinafter called “the department.” (Ord. 4563 § 1, 1993; Ord. 4481 § 1, 1993; 1961 code § 3.42.010.)

3.42.020 Director.

The functions of the department shall be executed under the supervision and control of a park director. Such director shall be appointed by the city manager for an indefinite term. The city manager shall designate the number of employees of the department and, subject to the provisions of any applicable law, rule, or regulation relating to civil service then in force, the city manager may remove the director or any employees of the department. (Ord. 4481 § 2, 1993; 1961 code § 3.42.020.)

3.42.030 Qualifications of office.

The city manager may prescribe regulations from time to time for determining the qualifications for the office of the director, and prescribe additional powers and duties. (Ord. 4481 § 3, 1993; 1961 code § 3.42.030.)

3.42.040 City manager’s powers and duties.

The city manager or his or her designee as authorized by the laws for the state relating to parks or recreational facilities and community services

and, within the limits of the funds and purposes prescribed by any ordinance, shall have the power to implement parks, recreational and community service programs that will employ the leisure time of the public in a constructive and wholesome manner. Without limiting the generalities of the foregoing powers, and by way of illustration only, the city manager or his or her designee shall have the power:

A. To control and supervise all parks, public squares, parkways and boulevards, play and recreation grounds or other municipally owned recreational facilities;

B. To plan, promote and recommend the acquisition, construction, development, maintenance or operation of such public parks, places, parkways or recreation grounds and facilities;

C. When authorized by resolution of the city council, to contract in writing, acting independently or in conjunction with instrumentalities of the United States, the state, King County or adjacent city or town, park district, school district or any public organization for the purpose of acquiring a public recreation or community services facility or conducting a recreational or community services program, and exercising any other power authorized by ordinance of the city;

D. To solicit and receive on behalf of the city council, any gifts or bequests or other personal property to be applied for playgrounds, parks or recreational purposes;

E. To grant concessions and privileges in public parks, under such restrictions and for such compensation as may be prescribed; provided, that no concession or privilege shall ever be granted for the sale of intoxicating liquors, beer or wine in any city park, and no concession or privilege shall be granted for more than three years, unless approved by ordinance;

F. To control and supervise the administration of all probation functions. (Ord. 4563 § 2, 1993; Ord. 4481 § 4, 1993; 1961 code § 3.42.040.)

3.42.050 Acquisition of land.

The department shall have no power to acquire or improve land for park purposes, or to accept gifts of real or personal property without approval of the city council, and any property so acquired shall be taken in the name of the city. (Ord. 4481 § 4, 1993; 1961 code § 3.42.050.)

3.42.060 Use charges.

The city manager or his or her designee shall fix charges for the use of any municipally owned or controlled park or recreational facility. All use charges and amendments and changes adopted by the city manager or his or her designee for the department shall be promulgated by one publication in the official newspaper of the city, and a copy thereof shall be filed in the office of the city clerk. (Ord. 4481 § 6, 1993; 1961 code § 3.42.060.)

Chapter 3.43
PARKS AND RECREATION
FACILITIES CODE

3.43.010 Police power.

This chapter is declared to be an exercise of the police power of the city; its provisions shall be liberally construed for the preservation and protection of the natural environment, public peace, health, safety and welfare. (Ord. 4071 § 1, 1989.)

3.43.020 Definitions.

Unless clearly inconsistent with the context in which used, the following definitions shall apply under this chapter:

A. “Department” means the department of parks and community services of the city.

B. “Director” means the director of the department of parks and community services and authorized agents of the director.

C. “Inflatable, nonmotorized watercraft” means those nonmotorized watercraft which have two or more inflatable chambers and are propelled by two or more oars.

D. “Motorized watercraft” means those floating devices which are designed to be propelled by the use of internal combustion engines or electric motors. Inflatable, motorized watercraft may be included in this definition if they are propelled by the use of internal combustion engines or electric motors.

E. “Nonmotorized cycle or similar device” means any wheeled, operator-propelled equipment which transports the operator on land, except wheelchairs. Nonmotorized cycle or similar device includes, but is not limited to, unicycles, skateboards, bicycles, tricycles, quadcycles and scooters.

F. “Nonmotorized watercraft” means those floating devices which are designed to support or help support a person or persons in water, and which may or may not be propelled by the use of oars, paddles or sails.

G. “Nonswimming season” means that portion of the year which has not been designated as the swimming season.

H. “Park” means all parks and bodies of water contained therein, squares, plazas, trails, golf courses, museums, beaches, playgrounds, playfields, botanical gardens, greenbelts and other park, recreation and open space areas, buildings and facilities comprising the parks and recreation system of the city under the management and control of the city manager or his or her designee.

I. “Recreation program” means any program or activity conducted, sponsored or assisted by the department, whether or not it occurs in a park.

J. “Swimming season” means the period of time, as designated by the city manager or his or her designee, from approximately mid-June to the first week in September, when lifeguards are on daily duty at park swimming beaches. (Ord. 4566 § 1, 1993; Ord. 4480 § 1, 1993; Ord. 4071 § 1, 1989.)

3.43.030 Rulemaking.

The city manager or his or her designee has the power to enforce the provisions of this chapter. The city manager or his or her designee may adopt, amend and rescind rules and regulations consistent with the chapter in order to manage and control the park and recreation system of the city, including rules that:

F. Establish times for opening and closing of particular parks or park facilities to public use and/or for entry or use by motor vehicles. (Ord. 4480 § 2, 1993; Ord. 4071 § 1, 1989.)

3.43.040 Overnight camping.

It is unlawful to camp overnight in any park, except at places set aside and posted for such purposes by the city manager or his or her designee, or by permit issued by the city manager or his or her designee. (Ord. 4480 § 3, 1993; Ord. 4071 § 1, 1989.)

3.43.050 Fireworks.

It is unlawful to possess and/or use fireworks in any park, except by permit issued by the city manager or his or her designee. (Ord. 4480 § 4, 1993; Ord. 4071 § 1, 1989.)

3.43.060 Littering.

It is unlawful to throw or deposit any refuse or other material in any park, except in designated receptacles, or to take garbage or refuse to a park for the disposal in the park, or to deposit garbage or refuse generated outside a park within the park. (Ord. 4071 § 1, 1989.)

3.43.070 Game refuse, sanctuary or reserve – Disturbance of wildlife.

It is unlawful to enter any area in a park designated and posted by the city manager or his or her designee as a game refuge, sanctuary or reserve; or to molest or disturb wildlife or the nest or breeding place of any wildlife located therein. (Ord. 4480 § 5, 1993; Ord. 4071 § 1, 1989.)

3.43.080 Capturing or striking wildlife prohibited.

It is unlawful in any park in any manner to capture, strike, kill or harass, or to attempt to capture, strike, kill or harass, any wildlife, with any stick, weapon or other device or thing or throw or otherwise propel a missile or object at or in the vicinity of any such wildlife, except that the city manager or his or her designee may approve the capture of wildlife for research or relocation purposes. (Ord. 4480 § 6, 1993; Ord. 4071 § 1, 1989.)

3.43.090 Feeding of animals.

It is unlawful for any person to leave, place or distribute foodstuffs of any kind or nature in any park, with an intent to feed farm animals or wildlife; provided, this section shall not apply to the feeding of farm animals or wildlife by parks department personnel. (Ord. 4071 § 1, 1989.)

3.43.100 Trespassing.

It is unlawful for any person except an authorized city employee in the performance of his/her duties, or other person duly authorized pursuant to law, to enter or go upon any area which has been designated and posted by the city manager or his or her designee as a “No Admittance” or “No Trespassing” area, or during any time during which the park is posted as being closed to the public. (Ord. 4480 § 7, 1993; Ord. 4071 § 1, 1989.)

3.43.110 Removal or destruction of property.

It is unlawful for any person, except an authorized employee of the city to remove, destroy, mutilate or deface any park property, structure, facility or station. (Ord. 4071 § 1, 1989.)

3.43.130 Dogs and pets – Prohibited areas.

It is unlawful for any person to permit any dog or other pet in any area in a park designated and posted by the city manager or his or her designee as a game refuge, sanctuary or reserve, or to permit such dog or other pet to molest or disturb wildlife therein or the nest or breeding place of any such wildlife, or to permit any dog or other pet to enter any other area with the city manager or his or her designee has posted as a place prohibited to animals. (Ord. 4480 § 9, 1993; Ord. 4071 § 1, 1989.)

3.43.135 Dogs and pets – Prohibited on certain beaches.

It is unlawful for any person to permit any dog or pet to be in the following beach parks or water recreation areas from June 1st through September 15th:

3.43.140 Removal of animal feces.

Any person with a dog or pet in his or her possession in any park shall be responsible for the conduct of the animal, shall carry equipment for removing feces and shall collect and place any feces deposited by such dog or pet in an appropriate receptacle. It shall be unlawful for any person to fail to so collect and place any feces deposited by a dog or pet in his or her possession. (Ord. 4480 § 10, 1993; Ord. 4071 § 1, 1989.)

3.43.145 Animals running at large prohibited.

It is unlawful for any person to allow or permit any dog or other pet to run at large in any park, except dogs used by a public law enforcement officer; provided that, except in areas in which animals are prohibited, dogs or other pets are permitted in a park if on a leash not greater than six feet in length, or otherwise securely caged or securely restrained from running free. (Ord. 4071 § 1, 1989.)

3.43.150 Disturbances by animals.

It is unlawful for any person to permit any dog or other pet, whether on or off a leash, to disturb or harass any park users, farm animals, wildlife or other pets. (Ord. 4071 § 1, 1989.)

3.43.160 Motor vehicles.

It is unlawful to ride, propel, drive or direct any motorized vehicle over or through any park (except along and upon designated park streets, drives and parkways), or on any street, drive or parkway which is designated as being closed to vehicular traffic. (Ord. 4071 § 1, 1989.)

3.43.170 Speed limit.

It is unlawful to ride, propel, drive or direct any motorized vehicle over any street, drive or parkway in any park in excess of 15 miles per hour when no speed limit is posted, or in excess of any posted speed limit. (Ord. 4071 § 1, 1989.)

3.43.180 Parking of motor vehicles.

It is unlawful to leave a vehicle unattended in any park or parking lot through which access is controlled by a gate from one half hour after sunset to one half hour before sunrise, or to leave a vehicle unattended in any park or parking lot through which access is not controlled through a gate between the hours of 2:00 a.m. and 6:00 a.m.; provided this section shall not apply to persons attending scheduled events and activities or have obtained a permit from the director. Such unattended vehicles may be impounded by the city. (Ord. 4071 § 1, 1989.)

3.43.190 Commercial watercraft prohibited.

It is unlawful to use marine areas and marine facilities for commercial purposes or for commercial watercraft to use such areas or facilities, except where done pursuant to permit issued by the city manager or his or her designee. For purposes of this section, “commercial watercraft” means watercraft used for any commercial purpose but shall not include a watercraft operated under a concession lease with the city. (Ord. 4480 § 11, 1993; Ord. 4071 § 1, 1989.)

3.43.200 Landing, launching, docking and use of watercraft – Prohibited.

It is unlawful for any person to land, launch, dock or use any watercraft in or at any swimming area, dock, pier, float or shoreline within the limits of a park, except for such areas specifically designated for such use by watercraft; provided watercraft may use the following areas as indicated below:

A. Nonmotorized watercraft may be launched and landed at the following parks during the times indicated:

B. Motorized and nonmotorized watercraft may be launched and landed at the following parks during the times specified:

D. This section shall not apply to watercraft used for rescue, lifesaving, law enforcement, park maintenance or city sponsored activities.

E. In the event of conflict, provisions of the Harbor Code, Chapter 12.04 BCC, shall have control over this code. (Ord. 4071 § 1, 1989.)

3.43.210 Overnight moorage prohibited.

It is unlawful for any person to moor a watercraft overnight in any park, except by permit of the city manager or his or her designee. (Ord. 4480 § 12, 1993; Ord. 4071 § 1, 1989.)

3.43.220 Speed limits – Distance limitations.

It is unlawful for any person to operate any watercraft at speeds in excess of seven knots within 300 feet of any swimming area, dock or park shoreline; or to approach closer than 100 feet to any such swimming area, dock or park shoreline, except for an emergency threatening life or property; or in areas designated by the city manager or his or her designee, or as necessary to access the property of the operator of the watercraft. (Ord. 4480 § 13, 1993; Ord. 4071 § 1, 1989.)

3.43.230 Larson Lake – All watercraft prohibited.

It is unlawful for any person to use or operate any watercraft of any kind, including any floating device, nonmotorized watercraft or motorized watercraft, on the waters of Larson Lake. (Ord. 4071 § 1, 1989.)

3.43.240 Fires.

It is unlawful for any person to set or maintain any fire in a park, except in designated facilities or in self-contained stoves. (Ord. 4071 § 1, 1989.)

3.43.250 Alcoholic beverages prohibited.

It is unlawful for any person to use or possess any alcoholic beverage in a park, including unopened alcoholic beverage containers; provided this prohibition shall not apply to organized groups which have secured a permit from the city manager or his or her designee and, if required, from the State Liquor Control Board. (Ord. 4480 § 14, 1993; Ord. 4071 § 1, 1989.)

3.43.260 Sound amplification equipment prohibited.

A. It is unlawful for any person to use, operate, or play or permit to be used, operated or played in any park any radio, tape player, television, musical instrument, record player or any other machine or device producing or reproducing sound at a volume that is audible at a distance over 30 feet therefrom, except pursuant to a permit issued by the city manager or his or her designee.

B. Subject to park availability, the city manager or his or her designee will grant or grant with conditions a permit for an exception to subsection A of this section if the use of the sound amplification equipment:

C. The city manager or his or her designee may adopt administrative rules pursuant to BCC 3.43.030 to allow for the administration of permits under this section.

D. Violations of subsection A of this section and violations of permits issued pursuant to this section shall be considered a civil noise infraction enforced as set forth in Chapter 9.18 BCC. (Ord. 5721 § 1, 2007; Ord. 4480 § 15, 1993; Ord. 4071 § 1, 1989.)

3.43.270 Posting signs, posters and notices.

It is unlawful for any person to post or attach any sign, poster or notice or any other device of any kind for advertising in any park, except if authorized by the city manager or his or her designee. (Ord. 4480 § 16, 1993; Ord. 4071 § 1, 1989.)

3.43.280 Soliciting.

It is unlawful for any person to solicit, sell or peddle any goods, services, wares, merchandise, liquids or edibles for human consumption in any park, except by permit issued by the city manager or his or her designee. (Ord. 4480 § 17, 1993; Ord. 4071 § 1, 1989.)

3.43.290 Sale or merchandise, food or services – Permit required.

It is unlawful for any person to sell or attempt to sell any merchandise, food or services in any park, except pursuant to a permit issued by the city manager or his or her designee. (Ord. 4480 § 18, 1993; Ord. 4071 § 1, 1989.)

3.43.300 Operation of motorized models prohibited.

It is unlawful for any person to operate any motorized model car, aircraft, rocket or watercraft in any park, except as authorized by the city manager or his or her designee. (Ord. 4480 § 19, 1993; Ord. 4071 § 1, 1989.)

3.43.310 Use of nonmotorized vehicles – Prohibited in certain areas.

It is unlawful for any person to ride a bicycle or other similar device in any area which is posted as closed to such vehicles. (Ord. 4071 § 1, 1989.)

3.43.320 Expulsion from parks.

A. The city manager or his or her designee or his or her authorized agent may order the expulsion of any person from any park for a period of one to seven days if he or she observes such person:

1. Using abusive or disruptive language or engaging in conduct which disrupts a park facility or program;

B. The city manager or his or her designee or his or her authorized agent may order the expulsion of any persons from any park for a period of seven days to one year if such person:

C. Any order of expulsion under this section shall be in writing and shall be sent by certified mail to the person expelled at his last known address.

D. Any person who enters a park during a period during which he has been expelled under subsection A or B of this section is guilty of a misdemeanor. (Ord. 4480 § 20, 1993; Ord. 4071 § 1, 1989.)

3.43.330 Closing times.

It is unlawful to be in a park after closing time. Unless another closing time has been established for a particular park by the city manager or his or her designee, parks shall close one-half hour after sunset and reopen one-half hour before sunrise, provided the Downtown Park shall close at 11:00 p.m. and reopen one-half hour before sunrise. This section does not apply to scheduled parks department events or to dedicated roads and sidewalks used for transportation which are not designated as closed. (Ord. 4480 § 21, 1993; Ord. 4071 § 1, 1989.)

3.43.335 Trees and vegetation – City property.

A. It shall be unlawful for any person to clear, cut, damage or remove any tree or vegetation located on property owned or leased by the city without the express written permission of the city manager or his or her designee.

B. Violation of this section is a civil violation under Chapter 1.18 BCC, subject to penalties set forth in BCC 1.18.045. (Ord. 5452 § 1, 2003; Ord. 4480 § 22, 1993; Ord. 4071 § 1, 1989.)

Chapter 3.44
DEPARTMENT OF PLANNING, NEIGHBORHOODS, AND ECONOMIC DEVELOPMENT

Chapter 3.45
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT*

* Code reviser’s note: Any reference in city code, ordinance, resolution, or regulation to the department of planning, neighborhoods and economic development or the department of community development, or the directors thereof, shall be deemed to refer to the department of planning and community development and the director thereof, respectively.

3.45.010 Department established – Functions.

There is created and established a department of planning and community development which shall be responsible for the following:

B. Provision of long-range planning for the city related to land use and development, housing, economic development, and construction.

C. Coordination, development, and implementation of city policy related to land use planning and development, housing, economic development, and construction.

H. Administration and operation of the city’s design and development review processes.

I. Administration and revision of the land use code, clearing and grading code, construction codes and subdivision and platting codes.

J. Environmental coordination and administration of the city’s environmental procedures code.

K. Provision of plan review, permit coordination and issuance, and inspection and enforcement related to codes administered by the department.

O. Provision of such other services as may be directed by the city manager. (Ord. 4995 § 3, 1997.)

Chapter 3.46
INFORMATION TECHNOLOGY DEPARTMENT

3.46.010 Department established – Function.

There is established the information technology department which shall administer a corporate information technology plan; oversee computer applications; manage the voice and data communications infrastructure; provide an array of technology services to support city staff; and provide such other services as may be directed by the city manager. (Ord. 5364 § 1, 2002; Ord. 4880 § 1, 1996.)

3.46.020 Director – Appointment – Designation as chief information officer.

The functions of the department shall be executed under the supervision and control of a director of information technology who shall be designated the chief information officer of the city. The director shall be appointed for an indefinite term by the city manager. The director may be removed by the city manager at any time pursuant to the provisions of RCW 35A.13.100. (Ord. 5364 § 1, 2002; Ord. 4880 § 1, 1996.)

Chapter 3.47
OFFICE OF HUMAN RESOURCES

3.47.010 Office established – Functions.

There is created and established an office of human resources, which shall provide review and planning of personnel policies; coordinate the development and implementation of city personnel policies; administer the city’s affirmative action program; provide employee benefit design and administration including management of the medical/dental self insurance fund; and provide such other services as may be directed by the city manager. (Ord. 4880 § 16, 1996; Ord. 4565 § 1, 1993.)

3.47.020 Director – Appointment – Responsibilities.

The city manager shall appoint the director of the office of human resources, who shall report directly to the city manager. The director shall be appointed for an indefinite term and may be removed at any time pursuant to the provisions of RCW 35A.13.100. The director shall direct the operations of the office of human resources. (Ord. 4565 § 1, 1993.)

Chapter 3.48
TEMPORARY APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

3.48.010 Temporary appointments.

Whenever for any reason there is or will be a vacancy in the office of member of a board, commission or committee of the city, the mayor, upon the confirmation by a majority of the council, may appoint a person to act as a temporary member of the board, commission, or committee, to serve until a person is appointed to fulfill the term of office for which the vacancy exists. (Ord. 3460 § 1, 1985.)

3.48.020 Qualifications – Compensation – Removal.

Persons temporarily appointed to boards, commissions and committees shall be selected without respect to political affiliations and shall serve without compensation. Service as a temporary appointee shall not be considered service of a term for purpose of determining whether a temporary appointee may be appointed to serve a regular term. Persons temporarily appointed to a board, commission or committee of the city pursuant to this chapter shall be subject to removal upon the same grounds as are persons appointed to serve regular terms on the board, commission or committee. (Ord. 3460 § 1, 1985.)

3.48.030 Residence of appointees.

Persons temporarily appointed to a board, commission or committee of the city shall be subject to the same residence requirements as are persons appointed to serve regular terms on the board, commission or committee. (Ord. 3460 § 1, 1985.)

Chapter 3.50
BUILDING CODE BOARD OF APPEALS

(Repealed by Ord. 5751)

Chapter 3.52
CONSTRUCTION CODES
ADVISORY COMMITTEE

Sections:

3.52.010 Creation – Sunset.

3.52.020 Purpose and function.

3.52.030 Membership, appointment and terms – Staff support.

3.52.040 Qualifications of members.

3.52.050 Officers – Meetings.

3.52.060 Right to seek recommendation.

3.52.070 General provisions and rules.

3.52.010 Creation – Sunset.

There is created a committee to be known as the construction codes advisory committee, which in this chapter shall be referred to as the “committee.” The existence of the committee will terminate at the end of June 2003. (Ord. 5369 § 1, 2002; Ord. 5200 § 1, 2000.)

3.52.020 Purpose and function.

A. The committee shall act in an advisory capacity to the city council and all city departments involved in construction code administration and the delivery of development review services. In addition, the committee shall provide input on efforts to improve development services including, but not limited to, new legislation, policies, changes in processes and procedures to expedite service delivery, performance benchmarking and principles used to improve customer service;

B. The committee shall have authority to make recommendations to the city council for such new legislation as will expedite or improve the processes and procedures used in the administration of construction codes and in the delivery of development review services;

C. The committee shall have no authority over civil violations under Chapter 1.18 BCC. (Ord. 5369 § 2, 2002; Ord. 5200 § 2, 2000.)

3.52.030 Membership, appointment and terms – Staff support.

A. The committee shall consist of 10 voting members who shall be recommended by the city manager and appointed by the city council. The term for all members shall be for the life of the committee.

B. The department of planning and community development shall provide technical and clerical support to the committee. (Ord. 5369 § 3, 2002; Ord. 5200 § 3, 2000.)

3.52.040 Qualifications of members.

Members of the committee shall not be employees of the city, shall not receive compensation and, before being eligible for appointment, shall possess the following qualifications of training or experience as specified for the following positions:

A. Position 1. Appointee to Position 1 shall be a structural or civil engineer, licensed by the state;

B. Position 2. Appointee to Position 2 shall be an architect, licensed by the state;

C. Position 3. Appointee to Position 3 shall be a commercial general contractor, licensed by the state;

D. Position 4. Appointee to Position 4 shall be a residential general contractor, licensed by the state;

E. Position 5. Appointee to Position 5 shall be an architect engaged in the design of large-scale commercial or multifamily projects;

F. Position 6. Appointee to Position 6 shall be a commercial or apartment building owner or operator;

G. Position 7. Appointee to Position 7 shall be a property developer engaged in large-scale commercial or multifamily building construction;

H. Position 8. Appointee to Position 8 shall be a member of the Bellevue City Council;

I. Positions 9 and 10. Appointees to Position 9 and Position 10 shall be persons of mature judgment and ability to analyze and consider matters within the purview of the committee. They shall be residents of the city of Bellevue. (Ord. 5369 § 4, 2002; Ord. 5200 § 4, 2000.)

3.52.050 Officers – Meetings.

A. The city council shall select a presiding officer from the committee’s voting members to serve as chairperson. The committee shall at its first meeting select a vice-chairperson from its voting members, who shall have all the powers and perform all the duties of the chairperson in the absence or inability of the chairperson to serve. The chairperson and vice-chairperson shall serve for the life of the committee.

B. The committee shall meet monthly or as determined by the chairperson. All meetings shall be open to the public; provided the committee may hold executive sessions as permitted by law.

C. The majority vote of a quorum shall constitute the official action of the committee. The presence of five voting members shall constitute a quorum with full authority to function as the committee. (Ord. 5200 § 5, 2000.)

3.52.060 Right to seek recommendation.

The city council and any administrative official of the city shall have the right to submit to the committee a proposition or question for its consideration and recommendation. It shall be the duty of the committee to consider such matter and to make its recommendation. The recommendation from the committee shall have no binding effect on the city council or city administrators. (Ord. 5200 § 6, 2000.)

3.52.070 General provisions and rules.

The committee shall have the right to make any rule of procedure it may desire, so long as the rule is not in conflict with the spirit or expressed provisions of this chapter. (Ord. 5200 § 7, 2000.)

Chapter 3.55
ENVIRONMENTAL SERVICES COMMISSION

Sections:

3.55.010 Environmental services commission.

3.55.020 Membership appointment.

3.55.030 Eligibility – Composition – Term.

3.55.035 Officers.

3.55.040 Removal.

3.55.050 Vacancies.

3.55.060 Meetings.

3.55.070 Powers and duties.

3.55.080 Staff support.

3.55.010 Environmental services commission.

There is created and established the environmental services commission of the city. (Ord. 4193 § 1, 1991.)

3.55.020 Membership appointment.

The environmental services commission shall consist of seven members, except as provided in BCC 3.55.030(D), appointed by the mayor with consent of a majority of the city council. (Ord. 4193 § 1, 1991.)

3.55.030 Eligibility – Composition – Term.

A. No person is eligible to be appointed as a member of the environmental services commission unless he or she resides within the city or within the city’s service area for either the water or sewer system. A position on the commission shall become vacant upon a member’s ceasing to be a resident of the city and of the city’s water and sewer service areas.

B. The term for all positions on the commission, except for initial appointments as hereinafter provided, shall be four years. Each position shall expire on May 31st of the last year of the term. Persons appointed to a position during the pendency of the term of that position shall serve until the end of the term.

C. No person may serve more than two consecutive terms; provided a person appointed to fill a term of two years or less is eligible to serve two successive four-year terms, and provided further a person who is ineligible to serve for having served two consecutive terms may again serve after two years have elapsed from the end of the second such term.

D. The initial membership of the commission shall be as follows:

1. All current members of the storm and surface water advisory commission shall be appointed as members of the environmental services commission, their terms to be identical with the terms currently being served.

2. One new member will be appointed to a three-year term.

3. One new member will be appointed to a four-year term.

4. The first two positions on the environmental services commission to become vacant through resignation or ineligibility will not be refilled. If two positions have not become vacant through resignation or ineligibility by May 31, 1993 those positions whose terms expire on that date will only be refilled if no more than seven members will exist. (Ord. 4193 § 1, 1991.)

3.55.035 Officers.

The officers of the commission are a chairperson and a vice chairperson. The chairperson and vice chairperson of the commission will be appointed by the mayor and shall serve in such position until May 31, 1992. Thereafter, the members of the commission shall elect from its members the chairperson and the vice chairperson annually. The commission may also elect from its members such other officers as the commission may deem necessary. (Ord. 4193 § 1, 1991.)

3.55.040 Removal.

Members of the commission may be removed at any time by the mayor, with the consent of a majority of the city council. The decision of the city council shall be final and there shall be no appeal therefrom. (Ord. 4193 § 1, 1991.)

3.55.050 Vacancies.

Vacancies occurring otherwise than through the expiration of a term shall be filled for the unexpired term by the mayor with the consent of a majority of the city council. (Ord. 4193 § 1, 1991.)

3.55.060 Meetings.

The commission shall meet at least once a month. All meetings shall be open to the public; provided, the commission may hold executive sessions as permitted by law. A majority of the membership shall constitute a quorum. Action may be taken by a majority of the members present, when a quorum exists. (Ord. 4193 § 1, 1991.)

3.55.070 Powers and duties.

A. The commission shall act in a policy advisory capacity to the city council. To that end, with

respect to city water, sewer, storm and surface water and solid waste utility programs, the commission may hold public hearings and shall make such studies, analyses and reports as requested by the city council, and shall review, advise, and make recommendations to the council as needed, regarding:

1. Short and long-range planning;

2. Annual budgets;

3. Rates and rate structures;

4. Rate assistance programs;

5. CIP financing proposals;

6. Contracts for city-provided wholesale and retail intergovernmental service;

7. City policies directly related to utility functions;

8. Ordinances and resolutions necessary to carry out assigned duties and responsibilities;

9. Any other activities that the city council may so direct;

10. Coordination of duties with other council-approved boards, committees and commissions, as appropriate.

B. The commission shall have no powers or duties with respect to the following activities:

1. Administrative operations, maintenance and development activities;

2. Regional issues not specifically assigned to the commission by the city council. (Ord. 4193 § 1, 1991.)

3.55.080 Staff support.

The utilities department shall provide technical and clerical support for the commission. (Ord. 4572 § 1, 1993; Ord. 4193 § 1, 1991.)

Chapter 3.56
ARTS COMMISSION

Sections:

3.56.010 Arts commission established.

3.56.020 Terms – Residency.

3.56.030 Removal.

3.56.040 Officers – Meetings – Rules.

3.56.050 Vacancies – Unexpired terms.

3.56.060 Powers and duties.

3.56.070 Arts defined.

3.56.010 Arts commission established.

There is created and established an arts commission of the city of Bellevue, to consist of seven members appointed from the community at large by the mayor with the consent of a majority of the city council. (Ord. 3727 § 14, 1986.)

3.56.020 Terms – Residency.

A. The terms for all positions on the commission shall be four years and shall expire on May 31st of the last year of the term. Persons appointed to a position during the pendency of the term for that position shall serve until the end of the term. The expiration date of the terms of the positions on the commission shall be staggered so that not more than four positions expire in the same year.

B. No person shall serve more than two consecutive terms, provided a person appointed to fill an unexpired term of less than two years is eligible to serve two successive four-year terms and provided further a person who is ineligible to serve for having served two consecutive terms may again serve after two years have elapsed from the end of the second such term.

C. No person shall be appointed to a position on the commission unless he or she is a resident of the city. A position on the commission shall become vacant upon a member ceasing to be a resident of the city. (Ord. 3727 § 14, 1986.)

3.56.030 Removal.

Members of the arts commission may be removed at any time by the mayor upon approval of a majority of the city council. Appointments to fill vacancies occurring otherwise than through the expiration of terms shall be for the unexpired portion of such term and shall be made in the same manner as an original appointment. (Ord. 3727 § 14, 1986.)

3.56.040 Officers – Meetings – Rules.

The commission shall annually elect a chairman, vice chairman and such other officers as the commission deems necessary. (Ord. 3727 § 14, 1986.)

3.56.050 Vacancies – Unexpired terms.

Vacancies occurring otherwise than through the expiration of terms shall be filled for the unexpired terms by the mayor with the consent of a majority of the council. (Ord. 3727 § 14, 1986.)

3.56.060 Powers and duties.

The commission shall act in an advisory capacity to the city council. To that end, the commission may hold public meetings and shall make such studies, analyses and reports as requested by the city council and may perform the following functions in order that Bellevue may provide leadership in the arts:

A. Keep the city council informed in matters of art, and represent the community interest in matters of art;

B. Serve as the central commission to whom individuals and groups may bring their concerns and ideas with regard to the arts;

C. Seek to enlarge the art consciousness of Bellevue;

D. Encourage multi-age working, sharing, learning and teaching in the arts;

E. Provide recognition and encouragement to local artists, both those established and those as yet unrecognized;

F. Explore financing for acquisition of art objects, art activities, and capital improvements for the arts in Bellevue;

G. Establish a long-range plan for the development and operation of a cultural center;

H. Examine and make reports and recommendations on any matter referred to the commission by the city council. The commission shall report promptly, making such recommendations and giving such counsel as it may deem proper;

I. Review the suitability of any work of art intended as a gift to the city. (Ord. 3727 § 14, 1986.)

3.56.070 Arts defined.

As used in this chapter, the term “art” or “arts” shall include, but not be limited to, all graphic and visual arts, performing skills and crafts. (Ord. 3727 § 14, 1986.)

Chapter 3.61
HUMAN SERVICES COMMISSION

Sections:

3.61.010 Human services commission.

3.61.020 Membership – Appointment.

3.61.030 Eligibility – Term.

3.61.040 Removal.

3.61.050 Vacancies.

3.61.060 Meetings.

3.61.070 Officers.

3.61.080 Duties and powers.

3.61.090 Staff support.

3.61.010 Human services commission.

There is hereby created the human services commission of the city of Bellevue. (Ord. 3729 § 1, 1986.)

3.61.020 Membership – Appointment.

The human services commission shall consist of seven members appointed by the mayor with the consent of a majority of the city council. (Ord. 3729 § 1, 1986.)

3.61.030 Eligibility – Term.

A. Members of the human services commission must be residents of the city of Bellevue. At no time shall a member of the commission also serve on the board of directors of a human service agency delivering services to city residents. Members shall represent the general citizenry and have an interest in human services and a commitment to human services. Individuals with knowledge and understanding of human services should be included on the commission.

B. Commission members shall serve without compensation and shall be appointed without regard to political affiliation.

C. The term for all positions on the commission shall be four years. Each position shall expire on May 31st of the last year of the term. Persons appointed to a position during the pendency of the term for that position shall serve until the end of the term. The expiration date of the terms of the positions on the commission shall be staggered so that no more than four positions expire in the same year.

D. No person shall serve more than two consecutive terms, provided a person appointed to fill an unexpired term of less than two years is eligible to serve two successive four-year terms, and provided further, a person who is eligible to serve for having served two consecutive terms may again serve after two years have elapsed from the end of the second such term.

E. The city manager may assign representatives from one or more departments of the city to serve as ad hoc and nonvoting members of the commission. (Ord. 5440 § 1, 2003; Ord. 3729 § 1, 1986.)

3.61.040 Removal.

Members of the commission may be removed by the mayor, with the consent of a majority of the city council, for neglect of duty, conflict of interest, unexcused absence from three consecutive regular meetings of the commission, or for any reason deemed sufficient by a majority of the city council. The decision of the city council shall be final and there shall be no appeal therefrom. (Ord. 3729 § 1, 1986.)

3.61.050 Vacancies.

Vacancies occurring otherwise than through the expiration of a term shall be filled for the unexpired term by the mayor with consent of a majority of the city council. (Ord. 3729 § 1, 1986.)

3.61.060 Meetings.

The commission shall meet at least once a month. All meetings shall be open to the public. A majority of the membership shall constitute a quorum. Action may be taken by a majority of the members present, when a quorum exists. (Ord. 3729 § 1, 1986.)

3.61.070 Officers.

The commission shall elect from its members a chairperson, vice-chairperson and such other officers as the commission may deem necessary. (Ord. 3729 § 1, 1986.)

3.61.080 Duties and powers.

The commission shall have the power and responsibility to perform the following functions:

A. The commission shall in all matters be advisory to the city council.

B. The commission shall provide the public with opportunities to be involved in the commission’s activities.

C. The commission’s work shall be governed by the adopted human services policies. The commission shall advise the city council as to changes or refinements to these policies as needed.

D. The commission shall review all requests for funding of human services in light of the guidelines contained in the human services policies and make recommendations to the city council.

E. The commission shall develop recommendations on priorities for the allocation of city resources to meet identified needs.

F. The commission shall actively pursue the goal of regional cooperation in the planning, funding and delivery of human services.

G. The commission shall conduct studies and provide recommendations to the city council on emerging issues and concerns in the area of human services.

H. The commission shall review and make comment on city actions which may affect the availability of human services in the city. (Ord. 3729 § 1, 1986.)

3.61.090 Staff support.

The department of parks and community services shall provide technical and clerical support for the commission. (Ord. 4571 § 1, 1993; Ord. 3729 § 1, 1986.)

Chapter 3.62
PARKS AND COMMUNITY
SERVICES BOARD

Sections:

3.62.010 Creation of board – Membership – Compensation.

3.62.020 Residence of members.

3.62.030 Terms of commissioners – Filling vacancies.

3.62.040 Officers of board – Meetings –Quorum.

3.62.050 Powers and duties.

3.62.010 Creation of board – Membership – Compensation.

There is created a parks and community services board, consisting of seven members except as provided for in BCC 3.62.030(F), who shall be appointed by the mayor with the consent of the majority of the city council. No commissioner shall receive any compensation for his or her services. (Ord. 4621 § 2, 1993; 1961 code § 3.62.020.)

3.62.020 Residence of members.

No person shall be appointed to a position on the parks and community services board unless he or she is a resident of the city. A position on the board of park commissioners shall become vacant upon a member ceasing to be a resident of the city. (Amended during February 1994 supplement; Ord. 3727 § 5, 1986; 1961 code § 3.62.021.)

3.62.030 Terms of commissioners – Filling vacancies.

A. The terms for all positions on the board, except for initial appointments as hereinafter provided, shall be four years and shall expire on May 31st of the last year of the term. Persons appointed to a position during the pendency of the term for that position shall serve until the end of the term. The expiration date of the terms of the positions on the board shall be staggered so that not more than four positions expire in the same year.

B. No person shall serve more than two consecutive terms, provided a person appointed to fill an unexpired term of less than two years is eligible to serve two successive four-year terms, and provided further, a person who is ineligible to serve for having served two terms may again serve after two years have elapsed from the end of the second such term.

C. Annually, the board shall elect a chairperson, a vice-chairperson and such other officers as the board deems necessary.

D. Members of the parks and community services board may be removed at any time by the mayor with the approval of five members of the city council. Whenever any parks and community services board member fails to attend three consecutive regular meetings of the board, the absences shall be reported to the city council by the chairperson of the board or any member. A majority of the city council may declare vacant the position of such absent member, or may excuse the absences. All vacancies for the remainder of expired terms shall be filled in the same manner in which original appointments are made.

E. A position on the parks and community services board shall become vacant upon a member accepting employment with the city.

F. The initial membership shall be as follows:

1. All current members of the park board shall be appointed as members of the parks and community services board, their terms to be identical with the terms currently being served;

2. One new member will be appointed to a three-year term;

3. One new member will be appointed to a four-year term;

4. The first two positions on the parks and community services board to become vacant through resignation or ineligibility will not be refilled. If two positions have not become vacant through resignation or ineligibility by May 31, 1995, those positions whose terms expire on that date will be filled only if no more than seven members will exist. (Ord. 4621 § 3, 1993; Ord. 4479 § 1, 1993; Ord. 3727 § 6, 1986; 1961 code § 3.62.030.)

3.62.040 Officers of board – Meetings –Quorum.

Immediately after their appointment, members of the board shall meet and organize by electing from the members of the board a chairperson, a vice-chairperson, and such other officers as may be necessary. It shall be the duty of the chairperson to preside at all meetings of the board and of the vice-chairperson to preside at all meetings in the absence of the chairperson. A majority of the board shall constitute a quorum for the transaction of business, and affirmative votes from a majority of the members present and voting shall be necessary to carry any proposition. A meeting of the board shall be held at least once a month except that no regular meeting shall be held during the month of December. (Ord. 4621 § 4, 1993; Ord. 4479 § 2, 1993; 1961 code § 3.62.040.)

3.62.050 Powers and duties.

The board shall advise the city council regarding the expansion and operation of the city parks and community services facilities and programs, but shall have no administrative or supervisory powers not available to the council. The board shall have the power to advise the city council on policies regarding parks and open space issues such as: park planning, design and construction; development, redevelopment, and renovation; enterprise management; natural resources, land stewardship, and environmental education. The board shall also advise the city council on policies regarding community services issues such as recreation opportunities for a wide range of interests, ages and abilities; cultural diversity; community centers; parks and community services department-related special events; and probation and parole services. (Ord. 4621 § 5, 1993; 1961 code § 3.62.050.)

Chapter 3.63
TRANSPORTATION COMMISSION

Sections:

3.63.010 Transportation commission.

3.63.020 Membership – Appointment.

3.63.030 Eligibility – Composition – Term.

3.63.035 Officers.

3.63.040 Removal.

3.63.050 Vacancies.

3.63.060 Meetings.

3.63.070 Power and duties.

3.63.080 Staff support.

3.63.010 Transportation commission.

There is created and established the transportation commission of the city. (Ord. 4036 § 1, 1989.)

3.63.020 Membership – Appointment.

The transportation commission shall consist of seven members appointed by the mayor with the consent of a majority of the city council. (Ord. 4036 § 1, 1989.)

3.63.030 Eligibility – Composition – Term.

A. No person shall be eligible to be appointed as a member of the transportation commission unless he or she is a resident of the city. A position on the commission shall become vacant upon a member ceasing to be a resident of the city.

B. The term for all positions on the commission, except for initial appointments as hereinafter provided, shall be four years. Each position shall expire on May 31st of the last year of the term. Persons appointed to a position during the pendency of the term for that position shall serve until the end of the term. The initial appointments to the commission shall be as follows:

1. Three members, including the person who is initially appointed as the chairperson, shall be appointed to a four-year term;

2. Two members shall be appointed to a three-year term;

3. Two members shall be appointed to a two-year term.

C. No person shall serve more than two consecutive terms; provided a person appointed to fill a term of two years or less is eligible to serve two successive four-year terms, and provided further, a person who is ineligible to serve for having served two consecutive terms may again serve after two years have elapsed from the end of the second such term.

D. The city manager may assign representatives from one or more departments of the city to serve as ad hoc and nonvoting members of the commission. (Ord. 4062 § 1, 1989; Ord. 4036 § 1, 1989.)

3.63.035 Officers.

The officers shall be the chairperson and vice chairperson. The chairperson and vice chairperson of the commission shall be appointed by the mayor and shall serve in such position until May 31, 1990. Thereafter, the members of the commission shall elect from its members the chairperson and the vice chairperson annually. The commission may also elect from its members such other officers as the commission may deem necessary. (Ord. 4062 § 2, 1989; Ord. 4036 § 1, 1989.)

3.63.040 Removal.

3.63.050 Vacancies.

Vacancies occurring otherwise than through the expiration of a term shall be filled for the unexpired term by the mayor with the consent of majority of the city council. (Ord. 4036 § 1, 1989.)

3.63.060 Meetings.

The commission shall meet at least once a month. All meetings shall be open to the public; provided, the commission may hold executive session as permitted by law. A majority of the membership shall constitute a quorum. Action may be taken by a majority of the members present, when a quorum exists. (Ord. 4036 § 1, 1989.)

3.63.070 Power and duties.

The commission shall act in a policy advisory capacity to the city council. To that end, the commission may hold public hearings and shall make such studies, analyses and reports as are required by the traffic standards code or requested by the city council and shall review, advise and make recommendations to the city council as needed, regarding:

A. The preparation of transportation facilities plans as provided for by BCC 14.10.030A;

B. The progress of transportation facilities plans and corrective actions as required by BCC 14.10.045A;

C. The progress of implementation schedules for the first 24-month period of each plan and the validity of the land use assumptions which were used in the plan as required by BCC 14.10.045B;

D. The progress of the implementation schedule and level of service analysis for each plan for the first 36-month period of the plan as required by BCC 14.10.045C;

E. The progress of the implementation schedule and level of service analysis for each plan for the first 48-month period of the plan as required by BCC 14.10.045D

Chesterfield Beach Park	Nonswimming season
Meydenbauer Beach Park	Nonswimming season
Chism Beach Park	Nonswimming season
Clyde Beach Park	All year, in designated areas only
Burrows Landing	All year, in designated areas only
Enatai Beach Park	All year, in designated areas only
Newcastle Beach Park	All year, in designated areas only

40th Street Boat Launch	All year, in designated areas only
Sweylocken Boat Launch	All year, in designated areas only

Title 3PERSONNEL

Chapter 3.04CITY MANAGER

3.04.010 Powers and duties.

3.04.020 Office full-time job – Oath.

Chapter 3.08CITY CLERK

3.08.010 Office created – Appointment – Vacancy.

3.08.020 Bond – Oath.

3.08.030 Powers and duties.

3.08.040 Compensation.

Chapter 3.19DISTRICT COURT

3.19.010 Ordinance violations – Jurisdiction.

Chapter 3.33EMERGENCY AND SAFETY SERVICES GROUP

3.33.010 Established – Duties.

3.33.020 Organization – Departments and divisions.

3.33.030 Director(s) – Appointment – Removal.

3.33.040 Director(s) – Bond – Oath.

3.33.050 Director(s) – Powers and duties – Compensation.

3.33.060 Appointment of deputies and other officers – Administrative structure.

3.33.070 Assignment of officers.

Chapter 3.37DEPARTMENT OF FINANCE

3.37.010 Department established – Function.

3.37.020 Director – Appointment.

3.37.030 Director – Designated treasurer.

3.37.040 Director – Bond.

3.37.050 Director – Powers and duties – City funds – List.

3.37.060 Director – Investment of city funds.

3.37.070 Director – Interfund loan authority. Amended Ord. 5783

3.37.080 Director – Petty cash accounts.

3.37.090 Director – Credit cards.

3.37.100 Authority of director regarding delinquent accounts.

3.37.110 Director – Advance of/ reimbursement for employee business expenses.

Chapter 3.38WATERWORKS UTILITY

3.38.010 Composition.

3.38.020 Director and organization.

3.38.040 Powers.

Chapter 3.39DEPARTMENT OF TRANSPORTATION

3.39.010 Department established – Functions.

3.39.020 Director – Appointment – Responsibilities.

3.39.030 Engineering and development standards.

Chapter 3.40STORM AND SURFACE WATER UTILITY

3.40.010 Established – City powers.

3.40.020 Director – Responsibilities.

3.40.030 System adopted – Transfer of administrative duties.

3.40.040 Engineering and development standards.

3.40.050 Board of appeals.

3.40.060 Intensity of development classification – Appeal.

3.40.065 Civil penalties and change in billing rate – Appeal.

3.40.070 Procedure before board of appeals.

3.40.080 Decision of the board.

Chapter 3.41UTILITIES DEPARTMENT

3.41.010 Department established – Functions.

3.41.020 Director – Appointment – Responsibilities.

3.41.030 Engineering and development standards.

Chapter 3.42DEPARTMENT OF PARKS AND COMMUNITY SERVICES

3.42.010 Department of parks and community services – Creation of.

3.42.020 Director.

3.42.030 Qualifications of office.

3.42.040 City manager’s powers and duties.

3.42.050 Acquisition of land.

3.42.060 Use charges.

Chapter 3.43PARKS AND RECREATION FACILITIES CODE

3.43.010 Police power.

3.43.020 Definitions.

3.43.030 Rulemaking.

3.43.040 Overnight camping.

3.43.050 Fireworks.

3.43.060 Littering.

3.43.070 Game refuse, sanctuary or reserve – Disturbance of wildlife.

3.43.080 Capturing or striking wildlife prohibited.

3.43.090 Feeding of animals.

3.43.100 Trespassing.

3.43.110 Removal or destruction of property.

3.43.130 Dogs and pets – Prohibited areas.

3.43.135 Dogs and pets – Prohibited on certain beaches.

3.43.140 Removal of animal feces.

3.43.145 Animals running at large prohibited.

3.43.150 Disturbances by animals.

3.43.160 Motor vehicles.

3.43.170 Speed limit.

3.43.180 Parking of motor vehicles.

Title 3
PERSONNEL

Chapter 3.04
CITY MANAGER

Chapter 3.08
CITY CLERK

Chapter 3.19
DISTRICT COURT

Chapter 3.33
EMERGENCY AND SAFETY
SERVICES GROUP

Chapter 3.37
DEPARTMENT OF FINANCE

Chapter 3.38
WATERWORKS UTILITY

Chapter 3.39
DEPARTMENT OF TRANSPORTATION

Chapter 3.40
STORM AND SURFACE WATER UTILITY

Chapter 3.41
UTILITIES DEPARTMENT

Chapter 3.42
DEPARTMENT OF PARKS AND COMMUNITY SERVICES

Chapter 3.43
PARKS AND RECREATION
FACILITIES CODE

Chapter 3.44
DEPARTMENT OF PLANNING, NEIGHBORHOODS, AND ECONOMIC DEVELOPMENT

Chapter 3.45
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT*

Chapter 3.46
INFORMATION TECHNOLOGY DEPARTMENT

Chapter 3.47
OFFICE OF HUMAN RESOURCES

Chapter 3.48
TEMPORARY APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

Chapter 3.50
BUILDING CODE BOARD OF APPEALS

Chapter 3.52
CONSTRUCTION CODES
ADVISORY COMMITTEE

Chapter 3.55
ENVIRONMENTAL SERVICES COMMISSION

Chapter 3.56
ARTS COMMISSION

Chapter 3.61
HUMAN SERVICES COMMISSION

Chapter 3.62
PARKS AND COMMUNITY
SERVICES BOARD