Tekoa municipal code table of contents



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TEKOA MUNICIPAL CODE

TABLE OF CONTENTS

Title I: City Officials

Chapters:

1.04 City Officers

1.08 Compensation

1.12 Bond Requirements

1.16 Planning Commission

1.20 Volunteer Fire Department

1.24 City Council

1.28 Municipal Court

Title II: Administration

Chapters:

2.04 General Penalty

2.08 Retirement Systems

2.12 Equal Employment Opportunity Policy

2.16 Affirmative Action Policy

2.22 Water System

2.24 Sewer System

Title III: Public Health and Safety

Chapters:

3.04 Traffic and Vehicles

3.08 Criminal Code

3.12 Alcoholic Beverages

3.40 Minor’s Curfer

3.60 Fireworks

3.80 Noise

3.90 Outdoor Burning

Title IV: Zoning

Chapters:

4.06 State Environmental Policy Act & Regulations Adopted

4.08 Flood Damage Prevention

4.12 Shoreline Management Master Plan

4.16 Zoning

4.20 Fire Limits

4.24 Protection of Critical Areas

Title V: City Sidewalks & Cemetery

Chapters:

5.04 Sidewalks

5.08 City Cemetery

Title VI: Business Licensing and Regulations

Chapters:

6.04 Theaters, Shooting Galleries, Etc.

6.08 Bowling Alleys

6.12 Dancing

6.16 Pawnbrokers and Second Hand Dealers

6.20 Peddlers

Title VII: Buildings

Chapters:

7.04 Building Code

7.08 Numbering of Buildings

7.12 Unfit Buildings

7.16 Mobile Homes

7.18 Recreational Vehicles and Travel Trailers

7.20 Building Permits

7.24 Miscellaneous Building Regulations

7.28 Recreational Vehicles and Travel Trailers

Title VIII: Nuisances

Chapters:

8.04 Animals in General

8.08 Dog Control

8.12 Litter Control

8.16 Garbage Control

8.20 Weed Control

8.24 Junk Control

8.28 Miscellaneous Nuisances

8.32 Tree Control

Title IX: Revenue

Chapters:

9.04 Sales Tax

9.08 Additional Sales Tax

9.12 Real Estate Excise Tax

Title X: Franchise

Chapters:

10.04 Ordinance 405, General Telephone Company

10.08 Ordinance 361, The Washington Water Power Company

10.12 Ordinance 608, Community Antenna System

10.16 Cable Television Adopted

Title XI: Land Division

Chapters:

11.01 Subdivisions

Title XII: Trees and Tree Control

Chapters

12.01 Trees and Tree Control

CHAPTER 1.04

CITY OFFICERS



Sections:

1.04.010 - Clerk/Treasurer—Duties-- Bond

1.04.020 - Deputy City Clerk

1.04.025 - Additional Deputy Clerks

1.04.030 - Cemetery Sexton

1.04.040 - City Attorney

1.04.050 - Health Officer

1.04.060 - Street Commissioner

1.04.070 - Regular Police Force -- Special Duties

1.04.080 - (Repealed)



COMPILER'S NOTE: a) Code Section 2.16.040 provides for the appointment and duties of the City Equal Opportunity Officer. b) Code Section 4.52.100 (Ord. 6) also refers to a fire warden. No other ordinance creates or defines such a position.

1.04.010 - Clerk/Treasurer – Duties -- Bond. The offices of City Treasurer and the City Clerk are hereby combined. The combined office of Clerk/Treasurer shall be appointed by the Mayor, subject to a majority vote of the City Council, and shall be subject to all the laws applicable to appointive offices.

The title of the office shall be known and designated as "Office of the Clerk/Treasurer of the City of Tekoa," and the title of the appointive officer shall be designated as "Clerk/Treasurer of the City of Tekoa."

The Clerk/Treasurer and his or her duly appointed deputies and interns shall be the only persons authorized to handle City funds. In addition to the powers and duties prescribed by law for the City Clerk, the Clerk/Treasurer shall have and exercise all of the powers and duties prescribed by law for the City Treasurer. In all cases where the law requires the Treasurer to sign or execute any documents, it shall be necessary for the Clerk to sign as Treasurer, but shall be sufficient if the Clerk/Treasurer signs as Clerk.

Salary for the office shall be as set by ordinance. The Clerk/Treasurer shall be employed to work at least 160 hours per month, and shall receive all of the benefits provided by the City to full-time employees. The Clerk/Treasurer must be fully bonded at all times in an amount of not less than $30,000. The Clerk/Treasurer shall be encouraged to participate in the certification program now sponsored by the International Municipal Clerks Association, although such participation shall not be considered a job requirement. (Ord. 552, §§1,2,3,4 & 6; 5/15/1978; Ord. 599, §3; 11/21/1988; Ord. 713, §1; 9/4/2001).



COMPILER'S NOTE: For additional duties of the clerk, see section 1.20.110.

1.04.020 - Deputy City Treasurer. There is hereby created an appointive office in the City of Tekoa known as the "Deputy City Clerk." It shall be the duty of the Deputy City Clerk to assist the City Clerk/Treasurer in the performance of the City Clerk/Treasurer’s duties, and to act in the place of the City Clerk/Treasurer during his or her absence or inability to act. In addition, the Deputy City Clerk shall be responsible for all utility billings for the City.

The Deputy City Clerk shall be appointed by the Mayor, subject to confirmation by a majority vote of the City Council. The Deputy City Clerk shall be employed to work at least 135 hours per month, and shall be compensated on an hourly basis to be fixed from time-to-time by the City Council. The Deputy City Clerk shall also receive retirement benefits equivalent to those received by full-time employees of the City. The Deputy City Clerk must be fully bonded at all times in an amount of not less than $10,000. The Deputy City Clerk shall be encouraged to participate in the certification program now sponsored by the International Municipal Clerks Association, although such participation shall not be considered a job requirement. (Ord. 553, §1-4; 6/5/1978; Ord. 713, §2; 9/4/2001).



1.04.025 – Additional Deputy Clerks. In addition to the position of Deputy City Clerk established under §1.04.020, above, the City Clerk/Treasurer may from time-to-time appoint one or more deputies to assist the City Clerk/Treasurer and Deputy City Clerk, provided, such appointments shall be subject to approval by the Mayor and the City Council. Any such deputies shall be employed on a temporary, part-time basis, and shall receive such compensation as the City Council may from time-to-time fix. (Ord. 713, §2; 9/4/2001).

1.04.030 - Cemetery Sexton. There shall be appointed by the Mayor a competent and qualified person to act as cemetery sexton.

It shall be the duty of the cemetery sexton to assist all patrons of the cemetery to locate a suitable burial place, to open, dig and close all graves, to cultivate and seed to grass the cemetery grounds, to cut or pull the weeds, sprinkle the ground that is in the grass, keep the driveway in condition and to beautify the grounds under the direction of the cemetery committee, and to do and perform such other and further duties as the committee thereof may direct.

The cemetery sexton shall be available at all times when needed for necessary cemetery work. (Ord. 257, §§2,3,4: 7/1/1935).

The cemetery sexton shall receive as compensation the schedule fees fixed from time to time by the City Council for common labor for the actual time worked, to be paid each month by a warrant drawn on the cemetery fund. (Ord. 290, §1; 7/18/1941).

The sexton or other employee of the City as the Mayor may from time to time designate shall have absolute charge of the cemetery and is authorized to enforce the rules and regulations, to maintain order, to supervise and direct all visitors, drivers and workmen, to expel from the cemetery grounds any person who violates the rules and to refuse admittance to any person, vehicle or material who or which does not conform to the rules and regulations. (Ord. 374, §: 3/17/1958).

1.04.040 - City Attorney. It shall be the duty of the City Attorney to be present at meetings of the Council; to advise the city officials in all matters pertaining to the business of the city; to draft all ordinances, resolutions, and all other necessary legal papers as may be required in the conduct of the business of the city by the Mayor and Council; and to appear, prosecute or defend any and all actions in which the city is a party upon request of the Mayor or Council so to do. (Ord. 116, §5; 2/17/1908).

1.04.050 - Health Officer. There shall be appointed annually by the Mayor a qualified physician to act as Health Officer.

It shall be the duty of the Health Officer to establish and maintain a strict quarantine of all persons suffering from any contagious or infectious disease; to disinfect and fumigate such premises so quarantined at the termination thereof; to enforce the laws of Washington and the Ordinances of Tekoa relative to health and sanitation; and to report all births and deaths within the limits of the City of Tekoa as required by the laws relative to vital statistics. (Ord. 116, §§7 & 8; 2/17/1908)



1.04.060 - Street Commissioner. There shall be appointed by the Mayor a competent and qualified person to act as Street Commissioner.

It shall be the duty of the Street Commissioner to see that all crossings, streets, sidewalks and public ways are in proper repair, and to do and perform such other and further duties as the Council or a committee thereof may direct. (Ord. 116, §§10 & 11; 2/17/1908).



1.04.070 - Regular Police Force - Special Duties. The Chief of Police and such officers serving thereunder as may be appointed from time-to-time by the Mayor upon consultation with the City Council shall constitute the regular police force of the City of Tekoa. All police officers appointed to serve under the command of the Police Chief, and any failure on the part of any such police officers to obey the lawful orders of the Police Chief shall be cause for the suspension or removal of such officer(s).

In the event of a riot or other emergency, when the City Police are unable to maintain the peace or public safety, the Police Chief may, with the consent of the Mayor, appoint so many special deputies as may be necessary to restore and maintain peace and public safety. The special duties shall possess the same authority as regularly appointed police officers serving under the command of the Police Chief, and may be paid such compensation for their services as the City Council may determine. Upon the restoration of peace and public safety, or after the first regular meeting of the City Council following their appointment, whichever occurs first, the appointment of the special duties shall terminate unless otherwise authorized by the City Council. (Ord. 690, §1, 1999; Ord. 630, 1994; Ord. 448, §§1, 2, 3).



COMPILER'S NOTE: Provision for appointment of temporary successors to appointed officials in the case of an emergency is found under Section 1.24.040.

CHAPTER 1.08

COMPENSATION OF CITY OFFICERS

Sections:

1.08.010 - Chief of Police

1.08.020 - Clerk/Treasurer

1.08.030 - Attorney

1.08.040 - Street Superintendent

1.08.050 - Water/Sewer Superintendent

1.08.060 - Council Members

1.08.070 - Mayor & Other Employees

1.08.080 - Fire Chief

1.08.090 - Wage Rates for Temporary Labor



1.08.010 - Chief of Police. The Chief of Police shall receive an annual salary of $27,403.00, or such other compensation as the City Council may hereafter fix from time-to-time by ordinance (such compensation may be fixed as part of an ordinance adopting a general salary schedule for any or all employees and/or officials of the City). (Ord 707, §2, 2000; Ord 697, §2, 1999; Ord. 528, §1, 1975; Ord. 536, §2, ______).

1.08.020 - Clerk/Treasurer. The Clerk/Treasurer shall receive an annual salary of $28,280.00, or such other compensation as the City Council may from time-to-time fix by ordinance (such compensation may be fixed as part of an ordinance adopting a general salary schedule for any or all employees or officials of the City). (Ord. 707, §1, 2000; Ord. 697, §3, 1999; Ord. 527, §§1-2, 1975).

1.08.030 - Attorney. The City Attorney shall be paid a retainer of $200.00 per month or such other compensation as the City Council may hereafter fix from time-to-time by ordinance (such compensation may be fixed as part of an ordinance adopting a general salary schedule for any or all employees and/or officials of the City, or it may be fixed by a contract between the City and City Attorney which is ratified by ordinance). (Ord. 707, §5, 2000; 527, §3, 1975).

1.08.040 - Street Superintendent. The Street Superintendent shall receive an annual salary of $28,280.00 or such other compensation as the City Council may hereafter fix from time-to-time by ordinance (such compensation may be fixed as part of an ordinance adopting a general salary schedule for any or all employees and/or officials of the City). (Ord. 707, §3, 2000; Ord. 697, §4, 1999; Ord. 528, §2, 1975).

1.08.050 - Water/Sewer Superintendent. The Water/Sewer Superintendent shall receive an annual salary of $33,692.00 or such other compensation as the City Council may hereafter fix from time-to-time by ordinance (such compensation may be fixed as part of an ordinance adopting a general salary schedule for any or all employees and/or officials of the City). (Ord. 707, §4, 2000; Ord. 697, §5, 1999; Ord. 528, §3, 1975).

1.08.060 - Council Members. Each Council member shall receive the sum of $40.00 per month each month during which he or she attends at least one regular or special Council meeting, and such other sums as may be fixed by the City Council at the time of annual budget preparation, as provided by law. (Ord. 700, §1, 2000; Ord. 527, §4; 1975).

1.08.070 - Mayor & Other Employees. The Mayor and all other Officers and Employees shall receive such compensation as may be fixed by the City Council at the time of Annual Budget preparation, as provided by law. (Ord. 527, §5, 1975).

1.08.080 - Fire Chief. The Fire Chief, in addition to the compensation for fire department members provided, shall receive a monthly salary of two dollars ($2.00), and the Department Secretary/Treasurer, in addition to the compensation fixed in Chapter 1.20, shall receive a monthly salary of one dollars ($1.00), to compensate each of them for special services required of them. (Ord. 323, §5, 1948).

1.08.090 - Wage Rates for Temporary Labor. The hourly wage rates for certain classes of temporary City labor is hereby established as follows:

(1) General Labor………………………………………………………….$2.60 per hour

(2) Machine Operator……………………………………………………...$4.00 per hour

(3) Mechanic……………………………………………………………….$5.00 per hour

(Ord. 536, §1, no date).

CHAPTER 1.12

BOND REQUIREMENTS

Sections:

1.12.010 - Clerk/Treasurer

1.12.020 - Deputy Clerk/Treasurer

1.12.030 - City Attorney



1.12.010 - Clerk/Treasurer. The Clerk/Treasurer of the City of Tekoa shall have on file a bond, in favor of the city in an amount not less than $10,000.00 (Ord. 599, §1; 11/21/1988).

1.12.020 - Deputy Clerk/Treasurer. The Clerk/Treasurer shall have each deputy clerk/treasurer bonded in an amount not less than $10,000.00 whether on the Clerk/Treasurer's bond or on a separate bond, in favor of the city. (Ord. 599, §2; 11/21/1988).

1.12.030 - City Attorney. The City Attorney, before entering upon the duties of his office, shall execute a bond to the City of Tekoa, in the penal sum of Five Hundred Dollars ($500.00) conditioned upon the faithful performance of his duties. (Ord. 164, 2§; 10/18/1915).

CHAPTER 1.16

PLANNING COMMISSION

Sections:

1.16.010 - Planning Commission Created

1.16.020 - Members

1.16.030 - Chairman

1.16.040 - Commission Expenses

1.16.050 - Powers

1.16.060 - Additional Powers

1.16.010 - Planning Commission Created. Pursuant to the provisions of RCW 35.63.010 there is hereby created in the City of Tekoa a Planning Commission consisting of five (5) members to be appointed by the Mayor of the City of Tekoa with the advice and consent of the City Council of the City of Tekoa. (Ord. 671, §1, 1997; Ord, 415, §1; 5/15/1967).

1.16.020 - Members. The Commission shall consist of five members, one of the members shall be an ex officio member by virtue of his or her office as a member of the Tekoa City Council. The ex officio members position on the Planning Commission shall correspond to his or her term of office as a City Council member. The initial terms of office for the other members of the Commission shall be staggered; one member’s term shall be one year, one shall be two years and one shall be three years, and one shall be four years. Thereafter, the term of office for each member shall be four years. Vacancies occurring otherwise than through the expiration of terms shall be fulfilled for the unexpired term of the position filled. Members may be removed after public hearing by the Mayor with the advice and consent of the City Council for inefficiency, neglect of duty or malfeasance in office. All appointive members of the Commission shall be selected without respect to political affiliations and they shall serve without compensation. (Ord. 415, §2; 5/15 /1967; Ord. 801, §1; 3/5/2012).

1.16.030 - Chairman. The commission shall elect its own chairman and create and fill such other office as it may determine it requires. The commission shall hold at least one regular meeting in each month for not less than nine (9) months in each year. It shall adopt rules for transaction of business and shall keep a written record of its meetings, resolutions for transactions, finding and determinations which records shall be a public record. (Ord. 415, §3; 5/15/1967).

1.16.040 - Commission Expenses. The expenditures of such commission exclusive of gifts, shall be within the amounts appropriated for the purpose by the council or board, within such limits the commission may employ such employees and expert consultants as are deemed necessary for its work. (Ord. 415, §4; 5/15/1967).

1.16.050 - Powers. The powers of the commission shall be such as are set forth in RCW 35.63.060, to wit:

"The commission may act as the research and fact finding agency of the municipality. To that end it may make such surveys, analyses, researches and reports as are generally authorized or requested by its council or board, or by the state with the approval of its council or board. The commission, upon request or authority may also:

(1) Make inquiries, investigations, and surveys concerning the resources of the county;

(2) Assemble and analyze the data thus obtained and formulate plans for the conservation of such resources and the systematic utilization and development thereof;

(3) Make recommendations from time to time as to the best methods of such conservation, utilization, and development;

(4) Cooperate with other commissions and with other public agencies of the municipality, state and United States in such planning, conservation, and development; and

(5) In particular cooperate with and aid the state within its territorial limits in the preparation of the state master plan provided for in RCW 43.21.190 and in advance planning of public works programs [1965 c 7 & 35.63.060. Prior: 1935 c 44 & 10; RRS & 9322-10.]"

And as the same be amended from time to time. (Ord. 415, §5; 4/15/1967).



1.16.060 - Additional Powers. At the request of the City Council the commission may prepare coordinated plans for the physical development of the community and so forth, all subject to final approval of the City Council of the City of Tekoa. The commission shall in the performance of its duties be restricted by and guided by the provisions of RCW 35.63.010 et sequa to the end that the spirit and purpose of said chapter may be accomplished. (Ord. 415, §§6 & 7; 4/15/1967).

CHAPTER 1.20

VOLUNTEER FIRE DEPARTMENT

Sections:

1.20.010 - Department Established

1.20.020 - Department Officers

1.20.030 - Duties

1.20.040 - Drills/Meetings

1.20.050 - Compensation

1.20.060 - Pay Vouchers

1.20.070 - Annual Report

1.20.080 - Absences

1.20.090 - Rules

1.20.100 - Department Membership Required

1.20.110 - Fireman's Relief Provision

1.20.120 - Number of Firemen Limited

COMPILER'S NOTE: For the Fire Chief's compensation, see Code section 1.08.080

1.20.010 - Department Established. There is hereby established, a Fire Department and for the City of Tekoa, consisting of not fewer than fifteen nor more than 20 able-bodied male citizens and residents of said city. (Ord. 323, §1; 2/2/1948).

1.20.020 - Department Officers. The officers of said Fire Department shall be the Fire Chief, First Assistant Fire Chief, Second Assistant Fire Chief, and a Secretary/Treasurer, which officers shall be elected at the first semi-monthly meeting of the Fire Department to be held on the second Monday of January of each calendar year. A list of such officers so elected shall be submitted to the City Council for approval. (Ord. 323, §2; 2/2/1948).

1.20.030 - Duties. It shall be the duty of the said Fire Department to have charge, under supervision of the City Council, of all firefighting equipment and other apparatus pertaining thereto belonging to the City of Tekoa, to keep the same in high state of repair and efficiency, and to have charge of the same at all fires within the City of Tekoa. (Ord. 323, §3; 2/2/1948).

1.20.040 - Drills/Meetings. The members of the Fire Department shall hold drills or meetings at the direction of the Fire Chief, not exceeding one drill or meeting each week. It shall be the duty of said Fire Department at such drills to examine all fire apparatus for defects, to discuss methods for fighting fires, and to discuss methods for increasing the efficiency of said Fire department. Drills shall consist of making practice runs with the fire truck, making hose connections, and use of fire hose and firefighting equipment and other apparatus of said city, weather conditions permitting. Weather conditions not permitting, drills shall consist of discussions of firefighting methods and general inspections, and maintenance and repair of firefighting equipment and apparatus. (Ord. 323, §4; 2/2/1948).

1.20.050 - Compensation. The compensation to be paid by the City to the members of the Fire Department shall be as follows:

(a) For each drill or meeting attended each member attending shall receive the sum of $2.00. Attendance shall be determined by a roll call by the Secretary/Treasurer forthwith after the meeting has been called to order. Members not present at roll call shall receive no compensation for said drill or meeting. (Ord. 355, §1; 2/21/1955).

(b) For services when actually engaged in fighting fires or when responding to a fire alarm, each member in attendance shall receive compensation as follows: For responding to a fire alarm between the hours of 6:00 a.m. & 6:00 p.m. a sum of $2.00. (Ord. 323, §5; 2/2/1948).

1.20.060 - Pay Vouchers. The Secretary/Treasurer shall submit to the City Clerk on or before the 10th day of each month a pay roll voucher, confirmed by the Fire Chief, showing a time and place where services were rendered, and the amounts owing to each member of the Fire Department for the preceding month.

All salaries so earned shall be payable monthly in warrants drawn on the proper fund and paid by the City Treasurer therefrom. (Ord. 323, §6; 2/2/1948).



1.20.070 - Annual Report. It shall be the duty of the Fire Chief to furnish the City Council a semi-annual report, in writing of the condition of the Fire Department, its operating equipment and apparatus, and the efficiency of its members. (Ord. 323, §6; 2/2/1948).

1.20.080 - Absences. Any member of the Fire Department who shall absent himself from its regular meetings or who shall fail to respond to any fire alarm, shall receive no compensation. Any member voluntarily absenting himself from the meeting of the Fire Department for two consecutive meetings or drills, or failing to respond to any fire alarm, may be dismissed from the Fire Department by the Fire Chief; provided, any member of the Fire Department, for good cause shown, may be excused from attending regular meetings or drills of the Fire Department by permission of the Fire Chief. (Ord. 323, §§8 & 9; 2/2/1948).

1.20.090 - Rules. The Fire Department may make any necessary rules and regulations for governing its affairs to increase its efficiency which do not conflict with this ordinance, or any regulation prescribed by the City Council. (Ord. 323; §10; 2/2/1948).

1.20.100 - Department Membership Required. No person not previously enrolled as a regular member of said Fire Department shall receive any compensation nor be recognized as a member of said Fire Department by reason of the fact that he was in attendance or rendered services at any fire. (Ord. 323, §11; 2/2/1948).

1.20.110 - Firemen's Relief Provision. Every volunteer fireman of the City shall be enrolled in the relief and compensation provisions of Chapter 41.24 RCW, as it now exists, and as it may hereafter be amended. The City Clerk/Treasurer is authorized to collect and remit to the appropriate state board or agency, all forms, documents and monies required by this ordinance. Every volunteer fireman of the City shall have the option of enrolling in the pension provisions or program of such Chapter. Any of the terms used in the section shall have the meanings ascribed to them by Chapter 41.24 RCW, as it now exists, and as it may hereafter be amended. (Ord. 597, §§1-4; 6/20/1988).


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