Title 10
HEALTH AND SAFETY1
This title is intended for those provisions of the Code which relate to the regulation and control of sanitation and disease, and other measures to protect the health and safety of the community.
| 10.01 | General Provisions– Administration and Enforcement | 10-3 |
| 10.02 | Civil Emergencies | 10-9 |
| 10.03 | Health Code Fees | 10-13 |
| 10.04 | Public Fallout Shelters | 10-20 |
| 10.06 | Emergency Control of Drainage Problems, Earth Movement, Mud Flows, Windstorm Damage and Other Hazards | 10-20 |
| 10.07 | Graffiti Nuisance Code | 10-21 |
| 10.08 | Alarm Systems | 10-24 |
| 10.09 | Chronic Nuisance Properties | 10-25 |
| 10.10 | Food Code | 10-26.2 |
| 10.11 | Nightclub Safety Code | 10-58.10 |
| 10.12 | Water Recreation Facility Code | 10-58.10.1 |
| 10.13 | Meat, Rabbit, Poultry and Aquatic Foods Code | 10-58.13 |
| 10.14 | Commercial Fishing Boat Retail Sales | 10-75 |
| 10.16 | Milk and Milk Products | 10-83 |
| 10.18 | Frozen Dairy Food Products | 10-99 |
| 10.20 | Cold Storage Eggs | 10-105 |
| 10.22 | Fluoridation of Water Supply | 10-105 |
| 10.24 | Miscellaneous Health Regulations | 10-106 |
| 10.25 | Reports on Water Supply and Sewage Disposal Systems | 10-108 |
| 10.26 | Quarantine Regulations | 10-108 |
| 10.28 | Hospital Records– Accident Reports | 10-109 |
| 10.30 | Physical Examination of Arrested | |
| Persons | 10-112 | |
| 10.32 | Distributing Medicine Samples | 10-112 |
| 10.34 | Rodent Control | 10-112 |
| 10.36 | Beekeeping | 10-113 |
| 10.38 | Laundries | 10-114 |
| 10.40 | Renting Shoes and Wearing Apparel | 10-115 |
| 10.42 | Common Drinking Cups | 10-115 |
| 10.44 | Wiping and Absorbent Materials | 10-116 |
| 10.46 | Septic Tanks, Cesspools and Grease Traps | 10-116 |
| 10.50 | Offensive Businesses | 10-116.1 |
| 10.52 | Weeds and Vegetation | 10-117 |
| 10.54 | Fumigators and Exterminators | 10-118.2 |
| 10.56 | Swimming and Spa Pool Code | 10-122.1 |
| 10.58 | School Inspections, Reviews of Plans and Specifications, and Investigations | 10-125 |
| 10.60 | Personal Health Care Programs | 10-125 |
| 10.62 | Wholesaling of Drugs and Supplies | 10-126 |
| 10.64 | No-Smoking Areas | 10-126 |
| 10.72 | Pet Kennels | 10-127 |
| 10.76 | Hazardous Waste Management Coordination Committee | 10-129 |
Statutory Reference: For statutory provisions regarding public health regulations in cities of the first class, see RCW 35.22.280; for statutory provisions regarding local and combined city-county health departments, see RCW Chs. 70.05 through 70.08.
1. Cross-reference: For provisions regarding noise control, see Chapter 25.08 of this Code.
Chapter 10.01
GENERAL PROVISIONS– ADMINISTRATION AND ENFORCEMENT
Sections:
10.01.010 Purpose and policy declared.
10.01.020 Applicability.
10.01.030 Definitions.
10.01.040 Enforcement.
10.01.050 Permits not transferable or assignable– Exceptions.
10.01.060 Display and removal of permit.
10.01.070 Permits the property of the City.
10.01.080 Separate permit for each location.
10.01.090 Application.
10.01.100 Duplicate permits.
10.01.110 Permit expiration.
10.01.120 Effect of payment by bad check.
10.01.130 Computation of time.
10.01.140 Investigation of applicant.
10.01.150 Complete application.
10.01.160 Permit issuance.
10.01.170 Proration of annual permit fee.
10.01.180 Refund of permit fee.
10.01.190 Grounds for permit denial, suspension or revocation.
10.01.200 Summary suspension or revocation.
10.01.210 Order of permit suspension, revocation or denial.
10.01.220 Appeal of permit denial, suspension or revocation.
10.01.230 Effect of complaint or request for hearing on conduct of business activity.
10.01.240 Order of the Hearing Examiner.
10.01.250 Finality of the decision of the Hearing Examiner.
10.01.260 Permits– Reinstatement after suspension.
10.01.270 Consent agreement.
10.01.280 Inspections– Frequency.
10.01.290 Inspections– Access.
10.01.300 Inspections– Report.
10.01.310 Inspection– Time allowed for correction of violations.
10.01.320 Administrative proceedings– Service of notices.
10.01.330 Violations.
10.01.340 Liability insurance.
10.01.350 Penalties.
10.01.360 Construction.
Severability: The provisions of Title 10 are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of Title 10 or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of Title 10 or the validity of its application to other persons or circumstances.
(Ord. 109949 § 1(part), 1981.)
10.01.010 Purpose and policy declared.
A. Title 10 of the Seattle Municipal Code is enacted as an exercise of the police power of Seattle to protect and preserve the public peace, health, safety, and welfare. Its provisions shall be liberally construed for the accomplishment of these purposes.
B. It is expressly the purpose of Title 10 to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of Title 10.
C. It is the specific intent of Title 10 to place the obligation of complying with its requirements upon the owner or operator of each premises within its scope, and no provision of nor term used in Title 10 is intended to impose any duty whatsoever upon the City or any of its officers or employees, for whom the implementation or enforcement of Title 10 shall be discretionary and not mandatory.
D. Nothing contained in Title 10 is intended to be nor shall be construed to create or form the basis for any liability on the part of the City or its officers, employees or agents, for any injury or damage resulting from the failure of the owner or operator of a premises to comply with the provisions of Title 10, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of Title 10 on the part of the City by its officers, employees or agents.
(Ord. 109949 § 1 (part), 1981.)
10.01.020 Applicability.
The provisions included in this chapter are generally applicable to activities regulated by Title 10 and to the administration and enforcement of all permits required by Title 10 of the Seattle Municipal Code. If provisions regulating a specific type of establishment are inconsistent with this chapter, the provision of the specific regulations shall control.
(Ord. 109949 § 1(part), 1981.)
10.01.030 Definitions.
A. Except as otherwise specified in Title 10, the following definitions apply:
1. "Administrative code" means the Administrative Code of the City (Chapter 3.02 of the Seattle Municipal Code) as now or hereafter amended.
2. "City" means The City of Seattle.
3. "Department" means the Seattle-King County Department of Public Health.
4. "Director" means the Director of the Seattle-King County Department of Public Health or his/her designated representative.
5. "Hearing Examiner" means the Hearing Examiner of the City or his/her designated representative.
6. "Permit" means a valid legal authorization required by Title 10 in order to engage in a business or occupational activity in the City.
7. "Person" means any individual, partnership, corporation, trust, unincorporated or incorporated association, marital community, joint venture, governmental entity, or other entity or group of persons however organized.
8. "Person in charge" means the individual present in an establishment who is the supervisor of the regulated activity or of the establishment requiring a permit at the time of inspection. If no individual is the supervisor, then any person working therein may be deemed to be the person in charge.
9. "Title 10" means Title 10 of the Seattle Municipal Code.
B. Unless the context clearly indicates otherwise, the singular includes the plural, and the plural includes the singular.
(Ord. 109949 § 1(part), 1981.)
10.01.040 Enforcement.
This chapter shall be enforced and administered by the Director. The Director is authorized pursuant to the Administrative Code of the City to make rules and regulations not inconsistent with the provisions of Title 10 for the purpose of enforcing and carrying out its provisions.
(Ord. 109949 § 1(part), 1981.)
10.01.050 Permits not transferable or assignable– Exceptions.
A permit is not transferable; provided, that the Director may authorize transfer where no previously unpermitted person acquires a permit thereby, and if, in the judgment of the Director, transferral is consistent with the purposes of this Code.
(Ord. 109949 § 1 (part), 1981.)
10.01.060 Display and removal of permit.
A. Each permit issued pursuant to this chapter shall be displayed conspicuously in the establishment for which issued.
B. The permittee shall remove from the premises or other area where it is placed as required by this chapter, every permit upon expiration, suspension or revocation. Whenever a permit is suspended or revoked, the permittee shall return the permit to the Director. If a suspended or revoked permit is not returned, it may be removed by the Director.
(Ord. 109949 § 1(part), 1981.)
10.01.070 Permits the property of the City.
All permits issued pursuant to this chapter remain the property of the City.
(Ord. 109949 § 1(part), 1981.)
10.01.080 Separate permit for each location.
A separate permit shall be obtained for each location at which an activity subject to a permit is conducted. Each permit shall be valid only at the location stated on the permit.
(Ord. 109949 § 1(part), 1981.)
10.01.090 Application.
Application for any permit shall be in writing on a form provided by the Director. The application shall include:
A. Applicant's full name, post office address, and the signature of an authorized representative of the applicant;
B. Whether such applicant is an individual, firm, or corporation, and, if a partnership, the names and addresses of the partners;
C. The location and type of the proposed establishment;
D. Remittance of any fees required by Chapter 10.03; and
E. If the application is for a seasonal or temporary permit, it shall also include the inclusive dates of the proposed operation;
F. Such other information as may reasonably be required by the Director in determining whether or not to issue a permit.
(Ord. 109949 § 1(part), 1981.)
10.01.100 Duplicate permits.
Where, from such evidence as he/she may require, the Director finds that a permit has been lost, he/she may issue a duplicate to the permittee upon payment of the required fee.
(Ord. 109949 § 1(part), 1981.)
10.01.110 Permit expiration.
All permits issued pursuant to this chapter shall expire one (1) year following the date of issuance. All temporary and seasonal permits issued pursuant to this chapter shall expire on the date set forth on the face of such permit.
(Ord. 109949 § 1(part), 1981.)
10.01.120 Effect of payment by bad check.
Whenever payment of any fee imposed by Title 10 is made by a check that is not honored by the drawee bank, any permit issued pursuant to payment by that check is void from the date of permit issuance. The permit may be reissued upon payment by certified check, money order, or cash of the original amount, plus an administrative charge.
(Ord. 109949 § 1(part), 1981.)
10.01.130 Computation of time.
In computing any period of days prescribed by Title 10, the day of the act or event from which the designated period of time runs shall not be included. The last day of the period shall be included unless it is Saturday, Sunday, or a City legal holiday, in which event the last day of such period shall be the next succeeding day which is not a Saturday, Sunday, or City legal holiday.
(Ord. 109949 § 1(part), 1981.)
10.01.140 Investigation of applicant.
The Director may investigate the applicant for any permit to be issued pursuant to Title 10. The Director shall request record checks, site inspections or confirmation of zoning compliance to be performed by appropriate city agencies when they are required by Title 10. The City administrator to which such request has been directed shall ascertain whether the applicant, activity, and/or premises comply with the requirements of laws, ordinances, rules and regulations to be enforced by the agency. The agencies shall notify the Director, in writing, whether any violation is found, specifying any noncompliance. In the event a written reply is not received by the Director within thirty (30) days from the date of the original request for the check or inspection, the Director may issue the permit if the applicant is deemed qualified to hold the license in all other respects.
(Ord. 109949 § 1(part), 1981.)
10.01.150 Complete application.
An application is complete when:
A. All information required by the application and by the provisions of Title 10 have been received by the Director; and
B. All permit and other required fees have been paid.
(Ord. 109949 § 1(part), 1981.)
10.01.160 Permit issuance.
The Director shall issue the permit upon finding that the application is complete, that all the requirements and conditions of this Code and rules and regulations prescribed hereunder have been satisfied, and that the applicant is qualified to hold the permit.
(Ord. 109949 § 1(part), 1981.)
10.01.170 Proration of annual permit fee.
A. If an application is made for a permit to be effective during the last six (6) months of an annual permit period, the fee shall be one-half ( 1/2) of the annual fee.
B. There shall be no proration of a permit fee when the permit is temporary or seasonal.
(Ord. 109949 § 1(part), 1981.)
10.01.180 Refund of permit fee.
A permit fee is refundable only if a permit is denied, or if a fee has been paid where none is imposed, or if the permit is issued where none is required, or the permittee never engages in permitted activity due to the refusal of any governmental agency to issue a necessary license, if the applicant for a permit withdraws his/her application before the permit is issued, if the applicant for a temporary permit withdraws his/her application more than fourteen (14) days prior to the event, or if the food-service establishment permit has been overpaid by more than Twenty-five Dollars ($25.00), except, each refund shall be subject to a Twenty-five Dollar ($25.00) deduction for the cost of administration.
(Ord. 117000 § 1, 1993: Ord. 109949 § 1(part), 1981.)
10.01.190 Grounds for permit denial, suspension or revocation.
A. Permits may be denied, suspended or revoked by the Director for violation of any provision of Title 10 or of any ordinance or law which regulates any activity requiring a permit in order to further the public interest in public health, safety, and welfare. A permit may also be denied, suspended, or revoked upon a finding that any applicant or permittee, or any owner, officer, or agent thereof:
1. Has been subject to any adverse finding in any judgment or order in any judicial or administrative proceeding in which fraud, deceit, coercion, breach of trust, unfair method of competition, unfair or deceptive trade act or practice, or assertion of unconscionable contractual provisions, or other similar act, practice, or conduct, on the part of the permittee or applicant is proven, and the time elapsed since the judgment or order is less than ten (10) years; or
2. Has violated or failed to comply with any applicable provision of any City ordinance relating to public health or safety or rule or regulation prescribed thereunder; provided, that failure to obtain a permit shall not be grounds for permit denial; or
3. Has been subject to an adverse finding in any judgment or order, in any judicial or administrative proceeding for violation of any provision of a City ordinance or rule or regulation prescribed thereunder pertaining to fire, building, sanitation, zoning, weights and measures, license, consumer protection, or environmental protection matters, or any activity regulated by Title 10; or
4. Has violated or failed to comply with any final order of the Director or Hearing Examiner; or
5. Has failed to complete the application for a permit as required by this chapter; or
6. Has failed to obtain a license or permit required by state or other law necessary to engage in activity regulated by this Code; or
7. Has failed to comply with RCW Chapters 49.12 and 28A.28, and rules and regulations promulgated pursuant thereto, regarding employment of minors; or
8. If the applicant has any outstanding monies owed to the Department for permit fees, late fees, checks returned by the bank, or other miscellaneous fees.
B. Nothing shall prohibit revoking or suspending a permit that was erroneously issued by the Department.
(Ord. 117000 § 2, 1993: Ord. 109949 § 1(part), 1981.)
10.01.200 Summary suspension or revocation.
Notwithstanding any other provision of Title 10, a permit may be suspended or revoked by order of the Director, or any act or practice may be ordered to be ceased by the Director, without a hearing upon finding that:
A. There is reasonable cause to believe that the act or practice is regulated by Title 10 or that grounds for permit suspension or revocation exist, and that continuation of the act or practice will cause a clear, substantial and imminent hazard to health, safety, or property; or
B. Any public liability insurance policy required by Title 10 to be filed with the Director is impaired or is cancelled.
(Ord. 109949 § 1(part), 1981.)
10.01.210 Order of permit suspension, revocation or denial.
Permit suspension, revocation or denial shall be in writing in the form of an order and shall include a recital of the authority for the action, a brief and concise statement of facts which constitute the grounds for denial, suspension or revocation, and the Director's signature. A copy of the order, including notice of the right to a hearing shall be served on the applicant or permittee.
(Ord. 109949 § 1(part), 1981.)
10.01.220 Appeal of permit denial, suspension or revocation.
A. If the Director has ordered a permit denied, suspended or revoked, the applicant may contest the denial by filing a notice of appeal and request for hearing with the Hearing Examiner within ten (10) days after service or mailing of the order.
B. If a timely request for hearing is filed by the applicant or permittee, a hearing before the Hearing Examiner shall be scheduled and shall be conducted by the Hearing Examiner according to his/her rules for contested cases.
C. If a timely appeal is not filed by the applicant or permittee, the order of the Director denying, suspending or revoking the permit shall be final; provided, that the Director may waive the ten (10) day appeal requirement upon satisfaction that failure to receive notice of the order was beyond the control of the person requesting the hearing.
(Ord. 109949 § 1(part), 1981.)
10.01.230 Effect of complaint or request for hearing on conduct of business activity.
Except in the case of summary suspension or revocation, whenever a timely request for hearing on a complaint is filed, a permittee may engage in the activity for which the permit is required, pending decision by the Hearing Examiner.
(Ord. 109949 § 1(part), 1981.)
10.01.240 Order of the Hearing Examiner.
The Hearing Examiner may affirm or deny decisions of the Director to issue, deny, suspend, or revoke a permit.
(Ord. 109949 § 1(part), 1981.)
10.01.250 Finality of the decision of the Hearing Examiner.
The decision of the Hearing Examiner shall be final upon service upon each party.
(Ord. 109949 § 1(part), 1981.)
10.01.260 Permits– Reinstatement after suspension.
Any person whose permit has been suspended may, at any time, submit to the Department a written application for an inspection for the purpose of reinstatement of a suspended permit, which application shall include a statement signed by the applicant that, in his opinion, the conditions causing suspension of the permit have been corrected. Within the ten (10) days following the Department's receipt of such an application, the Director shall inspect the premises or facilities for which inspection has been requested. In the event the applicant and such premises or facilities are in compliance with the requirements of the applicable ordinances, the permit shall be reinstated.
(Ord. 109949 § 1(part), 1981.)
10.01.270 Consent agreement.
The Director may enter into a consent agreement with the applicant or permittee for settlement of a contested case at any time prior to issuance of a decision by the Hearing Examiner. The consent agreement shall be in writing and signed by the applicant or permittee. The agreement shall be final when signed by the Director.
(Ord. 109949 § 1(part), 1981.)
10.01.280 Inspections– Frequency.
An inspection of an establishment, facilities, substances or activities regulated by this Code may be performed by the Director as often as the Director deems necessary. The Director shall inspect every establishment prior to issuing a permit therefor whenever the permittee is delinquent in the payment of any applicable permit fee.
(Ord. 109949 § 1(part), 1981.)
10.01.290 Inspections– Access.
Every person operating an establishment shall permit the Director, after proper identification, to enter the establishment during its normal business hours for the purpose of making inspections to determine compliance with applicable ordinances; and shall permit the Director to examine the records of the establishment to obtain information pertaining to food substances and/or supplies regulated by this Code that have been purchased, received, used, sold or otherwise distributed or stored by the establishment.
(Ord. 109949 § 1(part), 1981.)
10.01.300 Inspections– Report.
A. Whenever an inspection of a permitted establishment is made, the findings shall be recorded on the inspection report form prepared by the Director.
B. The inspection report form shall summarize the requirements of the applicable Seattle Municipal Code chapters. Inspection remarks shall be written to reference, by section number, the section of the Seattle Municipal Code violated, and shall state the date of the inspection, the correction to be made, and the period of time allowed for the correction of the violations found. The inspection report shall also state that failure to comply with any specified time limits for corrections may result in a Department directive to cease permitted operations and that an opportunity for hearing on the inspection findings will be provided if a written request for a hearing is filed with the Director within ten (10) days following the date of the inspection report.
C. A copy of the completed inspection report form shall be furnished to the person in charge of the establishment at the conclusion of the inspection. The completed inspection report form is a public document that shall be made available for public disclosure to any person who requests it according to law.
(Ord. 109949 § 1(part), 1981.)
10.01.310 Inspection– Time allowed for correction of violations.
Correction of the violations identified in any inspection report shall be accomplished within the period specified therein.
(Ord. 109949 § 1(part), 1981.)
10.01.320 Administrative proceedings– Service of notices.
A notice or order provided for in this chapter is properly served when it is delivered in person to the applicant, permittee or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the applicant or permittee. A copy of the notice shall be filed in the records of the Department.
(Ord. 109949 § 1(part), 1981.)
10.01.330 Violations.
A. It is a violation for any person to engage in any activity for which a permit is required without first obtaining a permit in accordance with the provisions of this Code;
B. It is a violation for any person to employ an individual in the capacity of an agent if that agent has failed to obtain any permit required by this Code;
C. It is a violation for any permittee or agent thereof to authorize any unpermitted person to engage in activity for which a permit is required, under color of a permit issued to the permittee;
D. It is a violation for any person to make or manufacture any permit required by this Code except upon order of the Director;
E. It is a violation for any person other than the Director, a permittee, or agent thereof to possess any permit issued pursuant to this Code.
(Ord. 109949 § 1(part), 1981.)
10.01.340 Liability insurance.
A. In those instances where Title 10 requires that the applicant for a permit shall provide insurance as a condition of receiving the permit, the purpose of the requirement is to ensure that members of the public and the City will be compensated for losses caused by personal injury or property damage resulting from the tortious acts of the permittee and its agents, employees, and officers.
B. Whenever the issuance of a permit is conditioned upon any applicant's obtaining liability insurance, each insurance policy shall:
1. Be issued by a company authorized to do business as an insurer in Washington State pursuant to the provisions of RCW Title 48 as now or hereafter amended;
2. Insure the permittee, and by endorsement or otherwise, name the City as additional insured protected against liability for, any damages sustained by any person on account of the negligence or the failure of permittee or any person in his/her employ, to comply with all laws and the ordinances of the City relating to the activity for which the permit is issued; and promise to defend from and pay any such damages;
C. Contain by endorsement or otherwise, the following recital:
"This policy is issued pursuant to Title 10 of the Seattle Municipal Code and is intended to comply with all the conditions and requirements thereof; any exception or limitation herein in conflict with any such condition or requirement is void.";
D. Be approved by the Director as to sufficiency and, upon request by the Director, as to form by the City Attorney; and
E. Be terminable only on at least thirty (30) days' written notice to the Director.
(Ord. 109949 § 1 (part), 1981.)
10.01.350 Penalties.
A. Any person violating or failing to comply with any of the provisions of Title 10 or any rule or regulation promulgated thereto, or any Order of the Hearing Examiner, is guilty of a violation subject to the provisions of Title 12A of the Seattle Municipal Code unless such violation or failure is specifically designated elsewhere in this Code as a crime.
B. Each day of continued violation or noncompliance constitutes a separate offense.
(Ord. 109949 § 1(part), 1981.)
10.01.360 Construction.
The provisions of this chapter do not apply to or govern the construction of and punishment of any offense committed prior to the effective date of this chapter or to the construction and application of any defense to a prosecution for such an offense. Such an offense must be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if this chapter had not been enacted.
(Ord. 109949 § 1(part), 1981.)
Chapter 10.02 Sections:
10.02.010 Proclamation of civil emergency.
10.02.020 Authority of Mayor to issue certain orders.
10.02.025 Civil rights protected.
10.02.030 Authority of Mayor to enter into contracts and incur obligations.
10.02.040 Use of services and equipment of municipalities and citizens.
10.02.050 Disaster readiness and response plan.
10.02.060 Disaster Management Committee.
10.02.070 Emergency purchases of supplies.
10.02.080 City Budget Director to be informed of certain purchases and review mutual aid agreements.
10.02.090 Personnel Department.
10.02.100 Notification of Governor, news media and public.
10.02.110 Violation– Penalty.
Statutory Reference: For statutory provisions on emergency services, see RCW Ch. 38.52.
1. Cross-reference: For further provisions regarding the Mayor's emergency powers, see Chapter 12A.26 of this Code.
10.02.010 Proclamation of civil emergency.
A. Whenever riot, unlawful assembly, insurrection, other disturbance, the imminent threat thereof, or any fire, flood, storm, earthquake or other catastrophe or disaster occurs in the City and results in or threatens to result in the death or injury of persons or the destruction of property or the disruption of local government to such extent as to require, in the judgment of the Mayor, extraordinary measures to prevent the death or injury of persons and to protect the public peace, safety and welfare, and alleviate damage, loss, hardship or suffering, the Mayor shall forthwith proclaim in writing of the existence of a civil emergency.
B. Such civil emergency shall cease to exist upon the issuance of a proclamation by the Mayor or by a resolution passed by a vote of not less than two-thirds ( 2/3) of all the members of the City Council terminating the same. Such proclamation shall be issued by the Mayor or by a resolution passed by a vote of not less than two-thirds ( 2/3) of all the members of the City Council when such extraordinary measures are no longer required for the protection of the public peace, safety and welfare. Before a civil emergency is declared terminated, either by proclamation by the Mayor or by a resolution passed by a vote of not less than two-thirds ( 2/3) of all the members of the City Council, the Mayor or Council will consult with the City's Police Chief, Fire Chief, Director of Public Health and the Director of Emergency Management to determine if there are any fiscal, public safety response or disaster recovery imperatives that require the continuation of emergency measures.
C. Any such proclamation by the Mayor shall, within forty-eight (48) hours of issuance of the proclamation, or as soon as practical, be filed with the City Clerk for presentation to the City Council for ratification and confirmation, modification, or rejection. The Council may, by resolution, modify or reject the proclamation and if rejected, it shall be void. If the Council modifies or rejects the proclamation, said modification or rejection shall be prospective only, and shall not affect any actions taken prior to the modification or rejection of the proclamation. The Council shall endeavor to act on any proclamation of civil emergency within forty-eight (48) hours of its being presented to the Council by the Mayor.
(Ord. 120606 § 1, 2001; Ord. 102850 § 1, 1973.)
10.02.020 Authority of Mayor to issue certain orders.
Upon the proclamation of a civil emergency by the Mayor, and during the existence of such civil emergency, the Mayor may, in a form that meets the requirements of Section 10.02.025, make and proclaim any or all of the following orders:
A. An order imposing a general curfew applicable to the City as a whole, or to such geographical area or areas of the City and during such hours, as he deems necessary, which effective hours and affected area or areas may be modified from time to time;
B. An order requiring any or all business establishments to close and remain closed until further order;
C. An order requiring the closure of any or all bars, taverns, liquor stores, and other business establishments where alcoholic beverages are sold or otherwise dispensed; provided that with respect to those business establishments which are not primarily devoted to the sale of alcoholic beverages and in which such alcoholic beverages may be removed or made secure from possible seizure by the public, the portions thereof utilized for the sale of items other than alcoholic beverages may, in the discretion of the Mayor, be allowed to remain open;
D. An order requiring the discontinuance of the sale, distribution or giving away of alcoholic beverages in any or all parts of the City;
E. An order requiring the discontinuance of the sale, distribution or giving away of firearms and/or ammunition for firearms in any or all parts of the City;
F. An order requiring the discontinuance of the sale, distribution or giving away of gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle;
G. An order requiring the closure of any or all business establishments where firearms and/or ammunition for firearms are sold or otherwise dispensed; provided that with respect to those business establishments which are not primarily devoted to the sale of firearms and/or ammunition and in which such firearms and/or ammunition may be removed or made secure from possible seizure by the public, the portions thereof utilized for the sale of items other than firearms and ammunition may, in the discretion of the Mayor, be allowed to remain open;
H. An order closing to the public any or all public places including streets, alleys, public ways, schools, parks, beaches, amusement areas, and public buildings;
I. An order prohibiting the carrying or possession of a firearm or any instrument which is capable of producing bodily harm and which is carried or possessed with intent to use the same to cause such harm, provided that any such order shall not apply to peace officers or military personnel engaged in the performance of their official duties;
J. An order requesting federal and/or state assistance in combating such civil emergency;
K. An order establishing economic controls in aid of and supplementary to and consistent with federal orders relating to price stabilization or controls including: the convening and establishing of ration boards; auditing retail and wholesale ration accounts; monitoring price control operations and reporting violations to appropriate authorities; assisting in providing essential supplies to disaster victims; advising appropriate authorities concerning rationing, price control, wage and rent controls and allocation of food and other essential commodities;
L. An order directing the use of all public and private health, medical, and convalescent facilities and equipment to provide emergency health and medical care for injured persons;
M. An order authorizing, in cooperation with utility management and appropriate state and federal agencies, the shutting off, restoration, and operation of utility services in accordance with priorities established for combating such civil emergency;
N. An order providing for the evacuation and reception of the population of the City or any part thereof; and
O. Such other orders as are imminently necessary for the protection of life and property;
provided, however, that any such order shall, within forty-eight (48) hours of issuance of the order, or as soon as practical be filed with the City Clerk for presentation to the City Council for ratification and confirmation, modification or rejection, and if rejected shall be void. The Council shall consider the statements set forth in Section 10.02.025 and may, by resolution, modify or reject the order. If the Council modifies or rejects the order, said modification or rejection shall be prospective only, and shall not affect any actions taken prior to the modification or rejection of the order. The Council shall endeavor to act on any order within forty-eight (48) hours of its being presented to the Council by Mayor.
(Ord. 120606 § 2, 2001; Ord. 116368 § 203, 1992; Ord. 102850 § 2, 1973.)
10.02.025 Civil rights protected.
An order pursuant to Section 10.02.020 shall contain the following:
A. A statement of the facts upon which the order is based; and
B. A statement that the Mayor believes it is in the best interest of public safety, rescue and recovery efforts and the protection of property that the exercise of certain rights be temporarily limited; and
C. A statement that the conditions of the order are designed to provide the least necessary restriction on those rights.
(Ord. 120606 § 3, 2001.)
10.02.030 Authority of Mayor to enter into contracts and incur obligations.
A. Upon the proclamation by the Mayor of a civil emergency resulting from a disaster caused by enemy attack, sabotage, or other hostile action, or by fire, flood, storm, earthquake, or other natural cause, and during the existence of such civil emergency, the Mayor, in carrying out the provisions of RCW Chapter 38.52, shall have the power by order to enter into contracts and incur obligations ("Order") necessary to combat such disaster, protect the health and safety of persons and property, and provide emergency assistance to the victims of such disaster. Such powers shall be exercised in the light of the exigencies of the situation without regard to time-consuming procedures and formalities prescribed by ordinance (excepting mandatory constitutional requirements), including, but not limited to, budget law limitations and requirements of competitive bidding and publication of notices pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes, and the appropriation and expenditures of public funds; provided, that the Mayor shall, wherever practical, advise and consult with the City Council with respect to disaster response activities, and any such Order shall at the earliest practical time be presented to the City Council pursuant to Section B herein for review and appropriate legislation including:
1. Findings by resolution with respect to actions taken;
2. Authorization of payment for services, supplies, equipment loans and commandeered property used during disaster response activities;
3. Approval of gifts, grants or loans accepted by the Mayor during the emergency; and
4. Levy of taxes to meet costs of disaster response and recovery operations.
B. Any such order shall, within 48 hours of issuance of the Order, or as soon as practical, be filed with the City Clerk for presentation to the City Council for ratification and confirmation, modification or rejection, and if rejected any such Order shall be void. If the City Council modifies the Order, such modification shall be effective only if it is agreed to by the ordered or contracting party. If the ordered or contracting party refuses to accept the modification, the Order shall be deemed to be rejected by the City Council. If the City Council rejects the Order, such rejection shall not affect the City's responsibility for any actions taken prior to the rejection of the Order, including the City's responsibility for the actual costs incurred by those who were ordered by or entered into contracts with the City.
C. The Director of Finance and Administrative Services shall be authorized to draw and to pay the necessary warrants for expenditures made pursuant to Order and authorized by the City Council. If the applicable fund is solvent at the time payment is ordered, the Director may elect to make payment by check.
(Ord. 123361, § 239, 2010; Ord. 122200, § 1, 2006; Ord. 120794 § 193, 2002; Ord. 120114 § 32, 2000; Ord. 116368 § 204, 1992; Ord. 102850 § 3, 1973.)
10.02.040 Use of services and equipment of municipalities and citizens.
In addition to and/or in connection with the exercise of the powers specified in Sections 10.02.020 and 10.02.030, the Mayor shall in accordance with RCW Chapter 38.52 and in carrying out the provisions thereof:
A. Utilize to the maximum extent practicable the services, equipment, supplies and facilities of existing departments, offices, and agencies of the City, state and other municipal corporations organized under the laws of the state; and
B. In the event of a disaster and upon the proclamation by the Governor of the existence of such disaster, command the service and equipment of as many citizens as the Mayor considers necessary in the light of the disaster proclaimed; provided, that citizens so commandeered shall be entitled during the period of such service to all privileges, benefits and immunities as are provided by RCW Chapter 38.52 and federal and state civil defense regulations for registered civil defense or emergency services workers.
(Ord. 102850 § 4, 1973.)
10.02.050 Disaster readiness and response plan.
Plans and programs for executing emergency powers including a disaster readiness and response plan shall be prepared and kept current under the direction of the Mayor who shall submit such plans and programs and proposed amendments thereto to the City Council for review and approval by resolution. Upon such approval the Mayor shall be authorized to exercise in accordance with such plans and programs the powers provided therein.
(Ord. 102850 § 5, 1973.)10.02.050
10.02.060 Disaster Management Committee.
A. There shall be a Disaster Management Committee consisting of:
1. The department heads or their designees of the following departments and offices, or their successor agencies: City Light, the City Budget Office, the Office of Economic Development, the Department of Finance and Administrative Services, the Seattle Fire Department, the Office of Housing, the Human Services Department, the Department of Information Technology, the Office of Intergovernmental Relations, the Law Department, the Legislative Department, the Department of Parks and Recreation, the Personnel Department, the Seattle Police Department, Seattle Public Library, the Department of Neighborhoods, Seattle Center, the Office of Sustainability and the Environment, Seattle Public Utilities, and the Seattle Department of Transportation; and
2. The Director of Public Health– Seattle and King County or his or her designee; and
3. Representatives of other agencies or organizations, or other persons with expertise in disaster management as shall be appointed by the Mayor.
B. The Mayor shall designate the chair of the Disaster Management Committee.
C. Members of the Committee described in subsection A3 shall serve without compensation, but may be reimbursed for reasonable and necessary expenses incurred in the performance of their duties.
D. The Committee shall meet at least quarterly at the places and times as shall be prescribed by the Mayor, and shall:
1. Advise the Mayor on all matters pertaining to disaster readiness and response capabilities within the City;
2. Periodically review and make recommendations for the revision and/or maintenance of up-to-date disaster response plans for the City consistent with RCW Chapter 38.52 and including:
a. Preparations for and the carrying out of executive emergency powers;
b. The delegation and subdelegation of administrative authority by the Mayor;
c. The performance of emergency functions including firefighting, police, medical and health, welfare, rescue, engineering, transportation, communications and warning services, evacuation of persons from stricken areas, plant protection, restoration of utility services, and other functions relating to civilian protection together with all activities necessary or incidental to the preparation for and carrying out of such functions;
d. Requirements for department operation including management succession, procedures for providing 24-hour capability, mobilization procedures, special disaster response procedures, plans for records protection, personnel procedures, finance plans, and training procedures for disaster response.
3. Provide cooperation and coordination with the disaster response plans of other local organizations and agencies;
4. Prepare and recommend to the Mayor plans for mutual aid operations with the state and political subdivisions thereof;
5. Recommend expenditures for disaster preparations and training.
(Ord. 123361, § 240, 2010; Ord. 122200, § 2, 2006; Ord. 120606 § 4, 2001; Ord. 102850 § 6, 1973.)
10.02.070 Emergency purchases of supplies.
Upon the proclamation of a civil emergency by the Mayor, and during the existence thereof, emergency purchases of supplies, materials and equipment are authorized to be made in accordance with the following procedure:
A. Preprinted emergency purchasing forms shall be provided by the Director of Finance and Administrative Services for use for all emergency purchases or contracting for supplies, materials or labor during the existence of such emergency, which forms shall provide for the filling in of appropriate information prescribed by the Director including: date and time of purchase; name and address of supplier; quantity, unit, description, unit price and total price of item; name and appropriate identification number from the City employee identification card of the person making the purchase; date required and date delivered; description of use of item, including disaster work order number, description of disaster work and location of use; and name and appropriate identification number from the City employee identification card of the person receiving the item.
B. An employee identification card shall be used in all cases to verify that the purchaser is an employee of the City.
C. A log of all purchases made during any emergency shall be maintained by each department and by the Director of Finance and Administrative Services.
D. The heads of departments using emergency purchase forms shall account for all costs incurred in making such purchases.
E. Upon termination of the emergency, the heads of departments shall review all emergency purchase orders issued by their respective departments, and shall verify and authenticate such orders, and submit a summary thereof through the Director of Finance and Administrative Services to the City Council for authorization of payment.
(Ord. 123361, § 241, 2010; Ord. 120794 § 194, 2002: Ord. 120606 § 5, 2001: Ord. 102850 § 7 1973.)
10.02.080 City Budget Director to be informed of certain purchases and review mutual aid agreements.
The City Budget Director, in cooperation with City departments making purchases or expenditures during the existence of an emergency, shall be informed of all such purchases or expenditures for potential reimbursement under appropriate state or federal disaster assistance programs or other available state or federal grant funds. The City Budget Director shall also review all mutual aid agreements and services received thereunder by the City during any such civil emergency and shall certify to the Director of Finance and Administrative Services the services received and any payment due therefor.
(Ord. 123361, § 242, 2010; Ord. 120794 § 195, 2002: Ord. 118912 § 34, 1998: Ord. 117408 § 24, 1994: Ord. 116368 § 205, 1992: Ord. 102850 § 8, 1973.)
10.02.090 Personnel Department.
The Personnel Department with the cooperation of City departments shall be responsible for the registration of City employees and volunteers as civil defense or emergency services workers pursuant to RCW Chapter 38.52 and shall formulate and recommend a plan and program for compensation and reimbursement of persons so registered.
(Ord. 120181 § 113, 2000: Ord. 118397 § 98, 1996: Ord. 102850 § 9 1973.)
10.02.100 Notification of Governor, news media and public.
The Mayor shall cause each proclamation or order issued by him pursuant to the authority of this chapter to be delivered to the Governor of the state and, to the extent practicable, to all news media within the City, and shall utilize as many other available means, including, but not limited to, posting on public facilities and public address systems, as may be practical to use, in order to give the widest dissemination of such proclamations and orders to the public.
(Ord. 120606 § 6, 2001: Ord. 102850 § 10, 1973.)
10.02.110 Violation– Penalty.
It is unlawful for anyone to fail or refuse to obey an order proclaimed by the Mayor pursuant to the provisions of this chapter. Anyone convicted of a violation of this section shall be punishable by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for not more than one hundred eighty (180) days, or both such fine and imprisonment.
(Ord. 102850 § 11, 1973.)
Chapter 10.03 Sections:
10.03.010 Administrative fees and charges.
10.03.013 Meat, rabbit, poultry, and aquatic foods permit, inspection, and examination fees.
10.03.020 Fumigator and exterminator permit and examination fees.
10.03.030 X-ray diagnostic fees for asbestos-related lung disease cases.
10.03.045 Laboratory fees.
10.03.056 Fees implementing Chapter 10.56– Swimming and spa pools.
10.03.110 Food-service establishment permit fees.
10.03.120 School inspection, review, and investigation fees.
10.03.130 Fees for personal health care and dental services.
10.03.140 Immunization fees.
10.03.150 Travel immunizations and related services.
10.03.155 Premarital seriological services– Charges.
10.03.160 Tuberculin test fees.
10.03.170 Pet kennel permit fees.
10.03.180 Construction and environmental review fees.
10.03.200 Sales to nonprofit community clinics.
10.03.210 Sales to other health departments and districts.
10.03.010 Administrative fees and charges.
The Director shall charge and collect the following administrative fees and charges under the circumstances indicated below:
A. For replacement of lost or destroyed
permit....$25.00;
B. For transferring a permit pursuant to
SMC Section 10.01.050....25.00;
C. For reissuing, pursuant to SMC Section 10.01.120, any permit previously voided for payment of permit fee with dishonored check....25.00;
D. For processing the late payment of any annual permit fee if delinquent by more than ten (10) days: One-quarter ( 1/4) of the applicable permit fee;
E. For processing the late payment of any annual permit fee if delinquent by more than thirty (30) days: One-half ( 1/2) of the applicable permit fee;
F. For processing the late payment of any seasonal permit fee if delinquent by no more than five (5) days....25.00;
G. Inspections requested by permittee or person in charge of regulated activity, if outside regular Department working hours: Cost to the Department of providing the hours;
H. Furnishing special services or materials, requested by the public, if not ordinarily provided by the Department: Cost to the Department of performing the service or furnishing the materials;
I. Change of name for an existing permit, no other change....25.00;
J. Processing of a refund....25.00.
(Ord. 117000 § 3, 1993: Ord. 115945 § 1, 1991: Ord. 112569 § 1, 1985: Ord. 110268 § 1, 1981: Ord. 109951 § 1(part), 1981.)
10.03.013 Meat, rabbit, poultry, and aquatic foods permit, inspection, and examination fees.
A. Amount of Permit Fees. The fees for annual permits issued pursuant to Seattle Municipal Code Chapter 10.13 shall be as follows:
1. Permit for wholesale MPRAF shop in which one (1) or more persons are engaged in preparing and processing and/or dispensing MPRAF food products:
a. Two (2) or fewer persons so
engaged....$575.00
b. Three (3) or more persons so
engaged....805.00
2. Wholesale MPRAF dealer's
permit....460.00
3. Retail processed MPRAF
shop permit....85.00
4. Permit for retail MPRAF shop in which one (1) or more persons are engaged in preparing, processing, or dispensing MPRAF or MPRAF products:
a. Up to three (3) persons
so engaged....345.00
b. Four (4) or more persons
so engaged....460.00
5. MPRAF warehouse permit....85.00
6. Extra unit fee: smoke shop,
deli, seafood, gourmet,
each....175.00
7. Meat cutter's permit and
apprentice meat cutter's
permit....25.00
8. Meat cutter's examination....25.00
Provided, that the fee for any annual permit issued during the period beginning January 1st and ending June 30th of any year, shall be an amount equal to one-half ( 1/2) of the applicable fee stated above.
B. Inspection Mileage Fee. Every person issued a preparer's permit or a permit for any wholesale MPRAF shop located outside the City shall be charged an inspection mileage fee of Thirty-four Cents ($.34) per mile for the one (1) way distance between the inspector's office and the inspection site.
C. Permit Fee Due Date. The fee for any permit to be issued under this section shall be due and payable on or before the commencement date of the operation or activity subject to such permit.
D. Permit Expiration Date. Permits issued pursuant to this section shall expire annually, on June 30th.
E. Fee Refunds. The Seattle-King County Department of Public Health is authorized to refund any permit fee paid under the following circumstances:
1. Where the fee or any portion thereof has been overpaid;
2. Where the fee has been paid in advance of the applicable permit effective period, and where the permit-holding individual or entity never undertook an operation or activity authorized by the permit during its effective period because of the permit-holder's illness, death, dissolution, sale or other transfer of interest; provided, that proof of any such circumstances, satisfactory to the Director of Public Health, must be submitted to the Director before any such refund will be provided. Each such refund shall be subject to a Fifteen Dollar ($15.00) deduction for the costs of administration.
(Ord. 116936 § 1, 1993: Ord. 115439 § 1, 1990; Ord. 115139 § 8, 1990; Ord. 110881 § 1, 1982.)
10.03.020 Fumigator and exterminator permit and examination fees.
Fees for permits, examinations and inspections under this chapter shall be paid prior to permit issuance, examination or inspection as follows:
A. Master fumigator....$150.00
B. Master exterminator....150.00
C. Master fumigator and....150.00
Master exterminator permit (if
held by the same individual)....150.00
D. Master fumigator exam (each
time administered)....150.00
E. Master exterminator exam (each
time administered)....150.00
F. Master fumigator and master
exterminator exam (if admini-
stered concurrently)....200.00
G. Fumigation inspection fee, per
fumigation....200.00
(Ord. 114837 § 1, 1989: Ord. 112566 § 1, 1985: Ord. 109951 § 1(part), 1981.)
10.03.030 X-ray diagnostic fees for asbestos-related lung disease cases.
A. The Director of the Seattle-King County Department of Public Health is authorized and directed to charge and collect a fee from other local health departments in the amount of Ten Dollars ($10.00) for the service of X-ray reading and interpretation on each suspected asbestos-related lung disease case.
B. All funds received by the Department of Public Health in implementing the provisions of subsection A of this section, shall be deposited into the King County Tuberculosis Control Fund.
(Ord. 107951 §§ 1, 2, 1979.)
10.03.045 Laboratory fees.
The Director of Public Health is authorized to charge and collect fees in the amount indicated for the following laboratory services:
A. Microbiological testing for:
1. Ova and parasites
examination....$17.60
2. Ova and parasites examination with
trichrome....29.30
3. Culture, Group A
streptococcus....6.00
4. Culture, Group B
streptococcus....6.00
5. Culture, Yersinia....36.45
6. Culture, acid-fast bacilli with
smear....30.00
7. Culture, gonorrhea....4.25
8. Cryptosporidium examination....10.00
9. Culture, E coli 0157:H7....15.00
10. Culture, Haemophilus ducreyi....7.50
11. Culture, Herpes simplex virus....20.00
12. Culture, Stool....16.75
13. Culture, Virus....20.00
14. Pinworm examination....6.55
15. Rotavirus antigen....25.00
B. Serological testing for:
1. Adenovirus antibody....$ 7.00
2. Brucella antibody....7.00
3. Chlamydia group antibody
(Psittacosis-LGV)....7.00
4. Cytomegalovirus antibody
(CMV)....7.00
5. Hepatitis A IgM antibody (IgM
anti-HAV)....15.50
6. Hepatitis B surface antigen
(HBsAg)....7.00
7. Hepatitis B core antibody
(anti-HBc)....9.00
8. Hepatitis B surface antibody
(anti-HBs)....7.00
9. Hepatitis B screen (HBsAg,
anti-HBs)....13.00
10. Hepatitis panel (HBsAg, anti-HBs,
anti-HBc)....21.50
11. Hepatitis panel (HBsAg, anti-HBs,
anti-HBc, IgM anti-HAV)....36.00
12. Herpes simplex virus antibody....7.00
13. HIV-1 antibody, confirmation....50.00
14. HIV-2 antibody, confirmation....50.00
15. HIV-1/HIV-2 antibody, routine (includes WB when EIA is repeatably reactive)10.00
16. Influenza A antibody....7.00
17. Influenza B antibody....7.00
18. Measles antibody, diagnostic....7.00
19. Measles antibody, immune
status....15.00
20. Mumps antibody, diagnostic....7.00
21. Mumps antibody, immune
status....15.00
22. Mycoplasma antibody....7.00
23. Respiratory syncytial virus
antibody....7.00
24. Rubella antibody, diagnostic....9.25
25. Rubella antibody, immune
status....5.25
26. Rubella antibody, quantitative....6.00
27. Syphilis, cerebrospinal fluid,
FTA-ABS....15.00
28. Syphilis, cerebrospinal fluid
VDRL....4.25
29. Syphilis, routine (includes MHA-TP when needed for sexually transmitted disease investigation)....4.25
30. Syphilis, treponemal antibody,
FTA-ABS w/ VDRL....14.00
31. Syphilis, treponemal antibody,
FTA-ABS w/out VDRL....12.00
32. Syphilis, treponemal antibody,
MHA-TP w/ VDRL....6.65
33. Syphilis, treponemal antibody,
MHA-TP w/out VDRL....4.65
34. Toxoplasma antibody, IgG....7.00
35. Toxoplasma antibody, IgM....25.00
36. Tularemia antibody....7.00
Other:
Miscellaneous laboratory procedure Cost
(Ord. 116943 § 1, 1993: Ord. 111447 § 1, 1983: Ord. 110882 § 1, 1982.)
10.03.056 Fees implementing Chapter 10.56– Swimming and spa pools.
A. Permit Fees.
1. Annual permits for one
pool....$300.00
2. Annual permit for each additional pool on the same premises as first pool....150.00
B. Plan Review Fees.
1. New pool....150.00
2. Renovation (including extensive changes in equipment, piping or pool structure, costing in excess of $3,000.00)....$ 75.00
3. Alteration (including change of filtration equipment, pumps or other mechanical equipment)....25.00
C. Variance review fee....150.00
(Ord. 116942 § 1, 1993: Ord. 116435 § 1, 1992: Ord. 115441 § 1, 1990: Ord. 110886 § 1, 1982: Ord. 110180 § 2, 1981.)
10.03.110 Food-service establishment permit fees.
A. The permit fees for the food-service establishments subject to regulation by Chapter 10.10 Seattle Municipal Code shall be the annual fees set forth below and, with respect to temporary food-service establishments, the periodic fee set forth below:
Type of Food– Service Establishment Fee
Restaurants
Seating capacity 1– 75....$155.00
Seating capacity 76– 150....245.00
Seating capacity 151– 250....355.00
Seating capacity over 250....460.00
Caterers (if not part of another food-service establishment), Food-Processing establishments and Retail Bakeries....155.00
Snack Bars (in which no food preparation occurs).... 65.00
Mobile Food-Service Units
Mobile Food Carts,
base fee .... 185.00
Additional locations, each.... 65.00
Restricted Mobile Food Vehicles,
base fee ....185.00
Additional vehicles, each....65.00
Unrestricted Mobile Food Vehicles,
base fee.... 215.00
Additional vehicles, each .... 65.00
Temporary Food-Service Establishments,
Low-hazard operation....55.00
High-hazard operation....80.00
Religious, charitable or educational organization or institution with an Internal Revenue Service 501(C)(3) nonprofit tax-exempt status....$ 25.00
Food Demonstrators....90.00
Food Promoters....250.00
Taverns (no food preparation)....90.00
Grocery Stores
Less than 4 checkout devices....65.00
4– 8 checkout devices....140.00
Over 8 checkout devices....250.00
Bed and Breakfast
Continental breakfast....65.00
Full-service breakfast....155.00
Reduced Fee Establishments
Religious, charitable or
educational organization or
institution with an Internal
Revenue Service 501(C)(3)
Operating a food service
establishment....50.00
Public, Private, or
parochial school
lunchroom....One-half fee for
applicable category
above
Vending facility under
the supervision of the
Washington State Commission
form the Blind....One-half fee for
applicable category
above
Plan Review
New construction....200.00
Remodel....150.00
Multiple permits in one
facility (2+) (each)....100.00
Resubmittal (per hour)....Cost of service
Subsequent pre-occupancies,
on-site inspection prior
to plant submittal, or on-
site inspection when no plan
review is required....75.00
Temporary establishment....$25.00
Late Fees
Annual permits, 10– 30 days....25%
Annual permits, more than 30 days....50%
School lunchroom....-0-
Temporary applications,
submitted 9– 14 days prior
to the event....25.00
Temporary applications,
submitted 3– 8 days prior
to the event....50.00
Temporary applications,
submitted 0– 2 days prior
to the event, when approved....50.00
Miscellaneous Fees
Request for variance....150.00
Provided, that if the application pertains to a seasonal food-service establishment or a food-service establishment that is to be operated only after October 1st, in any year, the applicable permit fee shall be one-half ( 1/2) the annual fee specified above.
B. The fee for any permit to be issued under Chapter 10.10 of the Seattle Municipal Code shall be due and payable on or before the commencement date of the operation subject to such permit.
C. For the purpose of calculating seating capacity to determine the applicable permit fee, the following methodology shall be used:
1. Only the number of seats and other provisions for on-premises consumption shall be counted; seating used solely for customer waiting shall not be counted.
2. Any restaurant comprised of more than one (1) type of operation, such as a coffee shop and cocktail lounge, may, at the option of the permittee, have its seating capacity computed as if the restaurant were only a single operation.
3. Seating count for "take-out" and "drive-in" type food-service establishments shall either include the total number of inside and outside seats or two (2) seats for each defined parking stall provided by the food-service establishment, whichever is greater.
(Ord. 117000 § 1, 1993: Ord. 116934 § 1, 1993: Ord. 116436 § 1, 1992: Ord. 115945 § 2, 1991: Ord. 115441 § 3, 1990: Ord. 114837 § 2, 1989: Ord. 113908 § 1, 1988: Ord. 112569 § 2, 1985; Ord. 110883 § 1, 1982; Ord. 110268 § 2, 1981.)
10.03.120 School inspection, review, and investigation fees.
A. The Director is authorized and directed to charge and collect from the appropriate board of education or school, the indicated fee for the services described below:
1. For reviewing....$75.00 base fees
plans and specifi- plus $50.00 per
cations in im- hour for actual
plementation of time spent
SMC Section performing such
10.58.010A. review work
2. For any pre-occupancy....40.00
inspection conducted
subsequent to the initial
inspection conducted pursuant
to WAC 248-64-250(2)(a)
and SMC Section 10.58.010 B.
3. For any certification....75.00
inspection conducted pursuant
to SMC Section 10.58.010 C.
4. For any exemption investi-....75.00gation conducted pursuant
to SMC Section 10.58.010 D.
B. Fees due under SMC Section 10.03.120 A shall be payable by the affected school or board of education prior to the Director of Public Health's final approval of any plans and specifications submitted for review. All other fees shall be due and payable by the affected school or board of education upon submission to the Director of Public Health of the application or request to perform the chargeable activity.
C. The Director of Public Health is authorized to waive the fees established by this section, for care provided to any recipient who demonstrates, or on whose behalf a demonstration is given, to the reasonable satisfaction of the Director, that such recipient is unable to pay such fees, or when the Director determines that such services are necessary to avert to control a current public health problem.
D. The term "CSA Poverty Guidelines," as used in subsection C hereof, means the "poverty income guidelines" applicable to the State of Washington, as published in the Federal Register Vol. 58, No. 28, pg. 8287.9, effective February 12, 1993, one (1) copy of which, together with related information, has been filed with the City Clerk in C.F. 298004, and which guidelines are hereby adopted and, by this reference, made a part hereof; provided, that in the event the federal government publishes any new or revised poverty guidelines and no different poverty guidelines have been established by the City Council, then the term "CSA Poverty Guidelines" shall mean such new or revised poverty income guidelines, upon the filing of one (1) copy of the same with the City Clerk.
E. No Fee for Treatment of Certain Sexually Transmitted Diseases. Notwithstanding any provision in subsection A or B hereof, to the contrary, the Director of Public Health shall not charge or collect a fee for health care services provided for the treatment of syphilis, gonorrhea or chancroid.
F. Fees Chargeable to Third-Party Payors. Whenever a chargeable personal health care service or treatment is provided to a recipient for whom third-party financial assistance is available, including but not limited to that from private insurance carriers, Medicaid Managed Care Plans, Medicare, and Medicaid, the Department shall charge the third-party payor the Fee Category E fee, except for patients covered by Title XIX of the Social Security Act, as amended, the fees for whom shall be those specified in SMC Section 10.03.130 A.
(Ord. 116935 § 1, 1993: Ord. 115423 § 1, 1990: Ord. 114833 § 1, 1989: Ord. 114232 § 1, 1988: Ord. 113733 § 1, 1987: Ord. 113170 § 1, 1986: Ord. 112557 § 1, 1985: 112026 § 1, 1984: Ord. 111446 § 1, 1983: Ord. 110902 § 2, 1982: Ord. 110272 § 3, 1981.)
10.03.140 Immunization fees.
The Director of Public Health is authorized to charge and collect fees for other than travel-related immunization, as follows:
Cost of vaccine plus a Ten Dollar ($10) administration fee.
Provided, that any such fee may be waived for an immunization provided to any recipient who shows or on whose behalf a showing is made, to the satisfaction of the Director, that such recipient is unable to pay such fee or when the Director determines that such service is necessary to avert or control a current public health problem.
(Ord. 116941 § 1, 1993: Ord. 114231 § 1, 1988: Ord. 112561 § 1, 1985: Ord. 111445 § 1, 1983: Ord. 110903 § 1, 1982: Ord. 110649 § 1, 1982.)
10.03.150 Travel immunizations and related services.
The Director of Public Health is authorized and directed to charge and collect the following fees for the designated health-related services provided to persons traveling to points outside the United States:
Service Fee
Issuing or updating International
Travel Certificate and assessing
all immunizations.... the greater of $18
or allowable Title XIX
reimbursement for
E/M CPT 99211 plus
the cost of vaccine
plus a $10 adminis-
tration fee
Issuing and/or updating any Travel
Certificate and/or an exemption letter
if no immunization is provided by the
Department.... the greater of $18
or allowable Title XIX
reimbursement for
E/M CPT 99211
Validating or attesting that any required
immunization has been provided by other
than the Seattle-King County Department
of Public Health.... the greater of $18
or allowable Title XIX
reimbursement for
E/M CPT 99211
(Ord. 116941 § 2, 1993: Ord. 114231 § 2, 1988: Ord. 112561 § 2, 1985: Ord. 112025 § 1, 1984: Ord. 111445 § 2, 1983: Ord. 110903 § 2, 1982.)
10.03.155 Premarital seriological services– Charges.
The Director of the Seattle-King County Department of Public Health is directed and authorized to charge every individual receiving venipuncture services for premarital seriological studies, including physician certification of results, a Ten Dollar ($10) fee.
(Ord. 109991 § 1, 1981.)
10.03.160 Tuberculin test fees.
The Director of Public Health is authorized to charge and collect a fee for tuberculin tests, as follows:
For all individuals.... $7
Provided, that any such fee may be waived for any tuberculin test provided to any recipient who shows or on whose behalf a showing is made, to the satisfaction of the Director, that such recipient is unable to pay such fee, or when the Director determines that such service is necessary to avert or control an emergency or communicable public health problem.
(Ord. 112551 § 1, 1985: Ord. 111444 § 1, 1983.)
10.03.170 Pet kennel permit fees.
Fees for permits under this chapter shall be paid prior to permit issuance as follows:
A. Commercial kennel.... $75;
B. Veterinary hospital.... 40;
C. Pet shop.... 75;
D. Pet kennel.... 20.
(Ord. 112107 § 1, 1985.)
10.03.180 Construction and environmental review fees.
The Director is authorized and directed to charge and collect from the applicant for construction or master use permits when Health Department review is required the indicated fees for services described below:
A. For the review of construction
plans for non-single-family new
or remodel construction.... $50;
B. For environmental review of
plans subject to the Washington
State Environmental Policy Act
(RCW 43.21C).... $250 base
fee, plus additional
fee for actual review
costs over and above
$250.
(Ord. 115944 § 1, 1991.)
10.03.200 Sales to nonprofit community clinics.
To assist nonprofit community clinics in obtaining drugs or supplies, the Director of Public Health shall set, charge and collect fees according to the following rate: (Ord. 116940 § 1(part), 1993.)
10.03.210 Sales to other health departments and districts.
To assist other health departments and health districts in obtaining drugs and supplies, the Director of Public Health shall set, charge and collect fees according to the following rates: (Ord. 116940 § 1(part), 1993.)
Chapter 10.04 Sections:
10.04.020 Use of certain City property.
10.04.020 Use of certain City property.
The City consents to the use of City property under the management and control of the Board of Library Trustees for public fallout shelter purposes upon appropriate authorization by the Board and Commission.
(Ord. 91478 § 2, 1962.)
Chapter 10.06 Sections:
10.06.010 Citizen requests for assistance– Authority of Department Directors.
10.06.010 Citizen requests for assistance– Authority of Department Directors.
A. For the emergency control of drainage problems, earth movement, mud flows, windstorm damage, and other hazards occurring or threatening to occur on private property, Department Directors are authorized upon the request of the owner or occupant of any such property to render necessary emergency assistance. City crews or contractors under the direction of a City employee may provide this assistance to citizens during an emergency when working in an area to restore City facilities or protect public safety under the following conditions:
1. Assistance may be provided to reduce or relieve a hazardous condition or the threat of a hazardous condition, not simply as a convenience to the citizen;
2. Assistance may be provided to the extent that the City resources are sufficient to perform the work;
3. Assistance may be provided to the extent that the City crew determines it will not interfere with higher priority emergency work;
4. Assistance may be provided if the City crew determines it will not place the City crew or contractors in an unsafe situation; and
5. Assistance may be provided if the City crew determines the work can be done without causing additional damage.
B. Department Directors are authorized to enter into agreements with any such owner or occupant providing for reimbursement of the City's cost of performing such emergency assistance, and is further authorized to collect such costs. Such agreements may include a waiver protecting the City from claims arising from the work to be performed as a result of the request for assistance and a cost estimate for the work to be performed based on current rates for labor, equipment, materials and other costs. In order to collect such costs, there must be an agreement with such owner or occupant and the City may seek reimbursement up to the amount estimated or actual costs, whichever is less.
(Ord. 118896 § 1, 1998: Ord. 118396 § 9, 1996: Ord. 102112 § 1, 1973.)
Chapter 10.07 Sections:
10.07.010 Definitions.
10.07.020 Violation of chapter.
10.07.030 Notice.
10.07.040 Notice of civil violation and hearing.
10.07.050 Hearing before the Hearing Examiner.
10.07.060 Monetary penalty.
10.07.070 Abatement by the City.
10.07.080 Enforcement.
10.07.090 Severability.
10.07.010 Definitions.
A. "Abate" means to remove the graffiti by such means, in such a manner and to such an extent as the Director or the Hearing Examiner reasonably determines is necessary to remove the graffiti from public view.
B. "Director" means the Director of Seattle Public Utilities or his or her designee.
C. "Graffiti" means unauthorized markings, visible from premises open to the public, that have been placed upon any property through the use of paint, ink, chalk, dye or any other substance capable of marking property.
D. "Graffiti nuisance property" means property upon which graffiti has not been abated after the abatement date established pursuant to subsection 10.07.030 B.
E. "Hearing Examiner" means The City of Seattle Hearing Examiner and the office thereof established pursuant to Seattle Municipal Code, Chapter 3.02.
F. "Owner" means any entity or entities having a legal or equitable interest in real or personal property including but not limited to the interest of a tenant or lessee.
G. "Premises open to the public" means all public spaces, including but not limited to streets, alleys, sidewalks, parks, and public open space, as well as private property on to which the public is regularly invited or permitted to enter for any purpose.
H. "Property" means any real or personal property and that which is affixed, incidental or appurtenant to real property, including but not limited to any structure, fence, wall, sign, or any separate part thereof, whether permanent or not.
I. "Responsible party" means an owner, or an entity or person acting as an agent for an owner by agreement, who has authority over the property or is responsible for the property's maintenance or management. Irrespective of any arrangement to the contrary with any other party, each owner shall always be a responsible party for the purposes of this chapter. There may be more than one responsible party for a particular property.
J. "Unauthorized" means without the consent of a responsible party.
(Ord. 118082 § 1(part), 1996.)
10.07.020 Violation of chapter.
A. Any property located in The City of Seattle that becomes a graffiti nuisance property is in violation of this chapter and is subject to its remedies.
B. Every responsible party who permits a property to become a graffiti nuisance property is in violation of this chapter and subject to its remedies.
(Ord. 118082 § 1(part), 1996.)
10.07.030 Notice.
When the Director has reason to believe that a property within the City may be a potential graffiti nuisance property, the Director shall:
A. Identify a responsible party and send that party an informational letter describing the nature and location of the graffiti and requesting that the graffiti be removed promptly. The letter shall explain the problems caused by the continued presence of graffiti and the need for its prompt removal, describe the resources available to aid in graffiti removal, and give notice that failure to remove graffiti is a violation of City law that may lead to legal action to remove the graffiti at the expense of the responsible party and may subject the responsible party to civil penalties.
B. If the graffiti is not promptly removed after the information letter has been sent, the Director shall notify the responsible party in writing, by certified mail, that the property has been identified as a potential graffiti nuisance property. The notice shall contain the following information:
1. The street address or description of the property reasonably sufficient for identification of the property;
2. A concise description of the conditions leading the Director to believe that the property may be a graffiti nuisance property;
3. A description of what must be done to abate the graffiti;
4. A statement that the graffiti must be abated within ten (10) calendar days after receipt of the letter, and a statement that if the graffiti is not abated within that time the property will be a graffiti nuisance property subject to abatement in accordance with Section 10.07.070, and the responsible party will be subject to monetary penalties and costs in accordance with Sections 10.07.050, 10.07.060 and 10.07.070.
C. The notice referred to in subsection B of this section shall be mailed by certified mail to the responsible party at that party's last known address. The notice shall also be posted at the property. As an alternative to mailing the notice, the Director may cause a copy of the notice to be personally served on the responsible party in the manner authorized by statute for personal service.
D. If, after proper notification has been given and the specified time period has elapsed, the graffiti has not been abated, the Director shall serve a notice of civil violation and hearing on the responsible party directing that party to appear before the City's Hearing Examiner.
E. Once a responsible party has been notified pursuant to subsection A and B of this section that a specified property is a potential graffiti nuisance, the Director may thereafter issue a notice of civil violation and hearing for that property pursuant to Section 10.07.040 without further notice.
(Ord. 118082 § 1(part), 1996.)
10.07.040 Notice of civil violation and hearing.
A. The notice of civil violation and hearing shall include the following:
1. The name and address of the responsible party;
2. The street address or description sufficient for identification of the property which constitutes the graffiti nuisance property;
3. A statement that the property is a graffiti nuisance property and a description of the graffiti constituting the graffiti nuisance;
4. A statement describing what must be done to abate the graffiti;
5. A statement that the costs and expenses of abatement incurred by the City pursuant to Section 10.07.070 and monetary penalties as specified in Section 10.07.050 and 10.07.060 may be assessed against the responsible party;
6. The date, time and location of a hearing before the Hearing Examiner at which the responsible party shall have the opportunity to contest the existence of the graffiti, to contest his or her responsibility for the graffiti nuisance property, and to raise any other defenses to liability or considerations by way of mitigation; and
7. A statement that the hearing will be canceled and no monetary penalty will be assessed if the Director approves the completed abatement at least forty-eight (48) hours prior to the scheduled commencement of the hearing.
B. Notwithstanding Seattle Municipal Code subsection 3.02.090 A, the date set for the hearing before the Hearing Examiner shall be no sooner than ten (10) and no later than thirty (30) calendar days from the date the notice of civil violation and hearing is issued.
C. The Director shall serve the notice of civil violation and hearing in the manner described in subsection 10.07.030 C of this chapter. If an address for mailed service cannot, after due diligence, be ascertained and the person to whom the notice is issued cannot, after due diligence, be personally served within King County, notice shall be served by posting a copy of the notice conspicuously at the graffiti nuisance property. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, the manner by which the service was made, and, if by posting, the facts showing that due diligence was used in attempting to serve the person personally or by mail.
(Ord. 118082 § 1(part), 1996.)
10.07.050 Hearing before the Hearing Examiner.
A. The Hearing Examiner shall conduct a hearing on the civil violation pursuant to the rules of procedure of the Hearing Examiner for the conduct of hearings. The Director and the person to whom the notice of civil violation and hearing was issued are parties to the hearing and each may call witnesses.
B. The Director shall have the burden to prove by a preponderance of the evidence that the property contains graffiti, that the person issued the notice is a responsible party, that the required abatement is reasonable, and that the required abatement has not been completed prior to the date established in the notice issued pursuant to subsection 10.07.030 B.
C. If the Hearing Examiner finds that the property contains graffiti, that the person issued the notice is a responsible party, but that the abatement required by the Director is not reasonable, then the Examiner shall modify the abatement so that it is reasonable.
D. The Hearing Examiner shall issue to the responsible party a decision and order containing the following information:
1. The decision and order regarding the alleged graffiti nuisance property, including findings of fact and conclusions in support of the decision and order;
2. Any required abatement action and the date by which the abatement must be completed;
3. Any monetary penalties assessed based on subsection F of this section which shall be due ten (10) calendar days after the date of the decision and order;
4. A description of the additional civil penalties which will automatically accrue pursuant to subsection I of this section if the responsible party fails to abate the graffiti nuisance property by the date established in the decision and order;
5. The date after which the City may abate the graffiti nuisance property pursuant to Section 10.07.070 if the required abatement is not completed; and
6. Notice that judicial review of the decision and order may be sought pursuant to subsection K of this section.
E. Monetary penalties assessed by the Hearing Examiner shall accrue in the amount up to One Hundred Dollars ($100.00) per day beginning on the correction date set by the Director or on a subsequent date set by the Hearing Examiner, provided that the maximum monetary penalty shall be Five Thousand Dollars ($5,000.00). In the alternative, the Hearing Examiner may choose to assess no monetary penalties.
F. In determining the monetary penalty assessment, the Hearing Examiner shall consider the following factors:
1. Whether the responsible party cooperated with efforts to abate the graffiti nuisance property;
2. Whether the responsible party failed to appear at the hearing;
3. Whether the responsible party made substantial progress in abating the graffiti nuisance property; and
4. Any other relevant factors.
G. The Hearing Examiner shall mail a copy of the decision and order to the person to whom the notice of civil violation and hearing was issued and to the Director within ten (10) working days of the close of the hearing record. If an address for mailing cannot after due diligence be ascertained, a copy of the decision and order shall be posted conspicuously at the property.
H. If the person to whom the notice of civil violation and hearing was issued fails to appear at the scheduled hearing, the Hearing Examiner shall, upon submittal of sufficient evidence by the Director, enter a decision and order finding that the property is a graffiti nuisance property, the person to whom the notice was issued is a responsible party, the required abatement is reasonable, and the required abatement action had not been completed prior to the date established in the notice; and assessing the appropriate monetary penalty and costs.
I. If the responsible party fails to abate the nuisance as ordered by the Hearing Examiner, monetary penalties in addition to any monetary penalties already assessed by the Hearing Examiner shall automatically accrue in the amount of One Hundred Dollars ($100.00) per day until the abatement is complete and shall be due immediately upon accrual.
J. The City will carry out the Hearing Examiner's decision and order and recover all monetary penalties and costs.
K. Any review of the decision and order of the Hearing Examiner must be by land use petition filed within twenty-one (21) days of issuance of the decision and order as provided in Chapter 347 of the Laws of 1995.
(Ord. 118082 § 1(part), 1996.)
10.07.060 Monetary penalty.
A. Payment of a monetary penalty pursuant to this chapter does not relieve the responsible party of the duty to abate the graffiti nuisance.
B. The monetary penalty constitutes a personal obligation of the responsible party to whom the notice of civil violation and hearing is issued.
C. Any monetary penalty imposed pursuant to this chapter shall accrue interest from the date payment is due at the maximum rate authorized by law for interest on civil judgments, and there shall be added to such penalty the reasonable attorneys' fees and costs incurred in collecting it.
(Ord. 118082 § 1(part), 1996.)
10.07.070 Abatement by the City.
A. The Director may abate the graffiti nuisance property when a decision and order has been issued by the Hearing Examiner pursuant to Section 10.07.050 of this chapter and any required abatement is not complete by the date specified in the decision and order.
B. The Director may call upon other City departments and other agencies and resources for assistance in abating a graffiti nuisance property.
C. Using any lawful means, the Director may enter upon the graffiti nuisance property and abate the graffiti. The Director may seek such judicial process as is deemed necessary to carry out the abatement.
D. The costs of correcting the violation shall be billed to the responsible party and shall be due and payable to the City within ten (10) days calendar days. Costs include both the value of the use of City staff and equipment and payments made to third parties, including but not limited to:
1. Personnel costs, both direct and indirect, including attorneys' fees and costs and administrative overhead;
2. Costs incurred in documenting the violation;
3. Hauling, storage and disposal expenses;
4. Actual expenses and costs of the City in preparing notices, specifications and contracts, and in accomplishing or contracting and inspecting the work; and
5. The costs of any required printing and mailing.
(Ord. 118082 § 1(part), 1996.)
10.07.080 Enforcement.
Notwithstanding the provisions of Seattle Municipal Code Section 3.33.020, actions necessary for effective enforcement of this chapter may be brought in Superior Court.
(Ord. 118082 § 1(part), 1996.)
10.07.090 Severability.
The provisions of this chapter are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection or portion of this chapter, or the application thereof to any person or circumstance, is held to be invalid, it shall not affect the validity of the remainder of this chapter, or the validity of its application to other persons or circumstances.
(Ord. 118082 § 1(part), 1996.)
Chapter 10.08 Sections:
Subchapter I General Provisions
10.08.010 Unlawful connections designated.
10.08.020 Direct connections to municipal systems prohibited.
10.08.030 Reporting not prohibited.
10.08.040 Violation– Penalty.
Subchapter II (Reserved)
Subchapter III Property and Panic Alarm Systems
10.08.135 Purpose.
10.08.140 Definitions.
10.08.145 Audible alarm standards.
10.08.150 Notice– Alarm turnoff.
10.08.155 Ten-minute limit on audible alarms.
10.08.160 Unlawful activation or report of alarm.
10.08.165 Alarm system monitoring companies– Verification process.
10.08.168 Determination– Rebuttable presumption.
10.08.178 Frequent false alarms– Process for disregarding automatic alarms– In-person verification.
10.08.180 Violation– Civil penalties.
Subchapter I 10.08.010 Unlawful connections designated.
It is unlawful for anyone having or conducting a privately owned fire alarm system to have direct electrical, mechanical, telephonic or other type of connection with the facilities, of any office, branch, department or agency of the Seattle Fire Department unless such person has and maintains a Central Station Protective Signaling System meeting the standards of the National Fire Protection Association dated June, 1956 (C.F. 234509), or for anyone having or conducting a privately owned burglary and/or robbery alarm system to have or maintain any equipment or device at, or any direct connection with, the facilities of any office, branch, department or agency of the Seattle Police Department; provided that nothing in Subchapters I or II of this chapter shall prohibit the installation or use of regular private or business telephone lines for the reporting by any person of a fire, burglary or robbery.
(Ord. 101476 § 4, 1972: Ord. 87178 § 1, 1958.)
10.08.020 Direct connections to municipal systems prohibited.
It shall be unlawful for anyone to make any direct connection to or on the municipally owned fire alarm and/or police signal systems of the City.
(Ord. 87178 § 2, 1958.)
10.08.030 Reporting not prohibited.
Nothing in Subchapters I or II of this chapter shall prohibit or prevent any individual from making reports to the Seattle Police and Fire Departments.
(Ord. 87178 § 3, 1958.)
10.08.040 Violation– Penalty.
The violation of or failure to comply with any of the provisions of Subchapters I and II of this chapter shall subject the offender upon conviction thereof to a fine of not to exceed Three Hundred Dollars ($300.00), or imprisonment in the City Jail for not to exceed ninety (90) days, or to both such fine and imprisonment.
(Ord. 87178 § 4, 1958.)
Subchapter II Subchapter III 10.08.135 Purpose.
The purpose of Sections 10.08.140 through 10.08.178 is to encourage security alarm users and security alarm monitoring companies to maintain the operational reliability and the proper use of alarm systems in order to reduce unnecessary police responses to false alarms and to require in-person or other independent verification before responding to emergency calls at premises where an automatic property and/or automatic burglary alarm system has a record of unreliability.
The express purpose of this chapter is to provide for and promote the health, safety and welfare of the general public, and not to protect individuals or create or otherwise establish or designate any particular class or group of persons who will or should be especially affected by the terms of this chapter. This chapter imposes or creates no duties on the part of the City or any of its departments, and the obligation of complying with the requirements of this chapter, and any liability for failing to do so, is placed upon the parties responsible for owning, operating, monitoring or maintaining automatic alarm systems.
(Ord. 116702 § 1(part), 1993.)
10.08.140 Definitions.
A. "Alarm system" or "alarm device" means any system, device, or mechanism which, when activated, transmits a telephonic, wireless, electronic, video, or other form of message to an alarm system monitoring company, or some other number, or emits an audible or visible signal that can be heard or seen by persons outside the protected premises, or transmits a signal beyond the premises in some other fashion, except any system, device, or mechanism primarily protecting a motor vehicle. An alarm system or alarm device may consist of one or more components (e.g., motion detector, window breach detector, or similar components) all reporting to a central unit/system panel which, in turn, is connected to or reports to an alarm system monitoring company via telephonic, wireless, electronic, video, or other form of message.
B. "Alarm system monitoring company" means any individual, partnership, corporation, or other form of association that engages in the business of monitoring property, burglary, robbery, or panic alarms.
C. "Alarm system user" means the person having or maintaining a property, burglary, robbery, or panic alarm. It means only the subscriber when the system is connected to an alarm system monitoring company.
D. "Alarm user class" means a class provided by the Alarm Unit of the Seattle Police Department for the purpose of educating alarm users about false alarms.
E. Burglary alarm. See "Property alarm" below.
F. "Chief of Police" or "Chief" means the Chief of Police of The City of Seattle and his or her designee.
G. "Department" means the Seattle Police Department.
H. "Director" means the Director of Finance and Administrative Services of the City or any officer, agent or employee of the City designated to act on the Director's behalf.
I. "False Alarm" means the notification to the Seattle Police Department concerning the activation of an alarm system or alarm device when:
1. There is no evidence of a crime or other activity that warrants the assistance of the Seattle Police Department on the premises, as indicated by the investigation of a police officer on the scene or by the lack of a police report filed by the property owner, and no individual who was on or near the premises or who had viewed a video communication from the premises, called for the dispatch or confirmed a need for police response; or
2. The dispatch of police personnel was cancelled by the alarm system monitoring company, whether the alarm was cancelled before or after the arrival of police personnel at the alarm site.
J. Panic alarm. See "Robbery alarm" below.
K. "Person" means any individual, partnership, corporation, trust, incorporated or unincorporated entity, or other entity or group of persons, but excludes the United States, the State of Washington and any political subdivision or municipal corporation thereof.
L. "Property alarm" or "burglary alarm" means any system, device, or mechanism for detection and reporting of any unauthorized entry or attempted entry or property damage upon real property protected by the system which may be activated by sensors or other techniques, and, when activated, automatically transmits a telephone message, emits an audible or visible signal that can be heard or seen by persons outside the protected premises, or transmits a signal beyond the protected premises.
M. "Residence" means a building or structure or portion thereof designed to be used as a place of abode for human beings and not used for any other purpose. The term includes all dwelling units within the definition of a "residential use," as defined in Chapter 23.84A.
N. "Robbery alarm" or "panic alarm" means any system, device, or mechanism, activated by an individual on or near the premises, to alert others that a robbery or any other crime is in progress, or that the user is in need of immediate assistance or aid in order to avoid injury or serious bodily harm, which meets the following criteria:
1. The system is installed on real property (the "protected premises");
2. It is designed to be activated by an individual for the purpose of summoning assistance to the premises;
3. It transmits a telephone message or emits an audible, visible, or electronic signal that can be heard, seen or received by persons outside the protected premises; and
4. It is intended to summon police assistance to the premises.
O. Verification. See Section 10.08.165.
(Ord. 123361, § 243, 2010; Ord. 122311, § 2, 2006; Ord. 121932 § 22, 2005; Ord. 121332 §§ 3, 4, 2003; Ord. 116702 § 1(part), 1993.)
10.08.145 Audible alarm standards.
On or after September 1, 1993, no automatic property or burglary alarm which, when activated, causes an audible sound to be heard off the premises continuously for more than ten (10) minutes shall be installed on privately-owned premises in Seattle.
Owners of existing automatic property or burglary alarms which, when activated, sound continuously until turned off and send audible sounds off the premises are encouraged to limit the duration of the sound to ten (10) minutes or less by such methods as installing an automatic shutoff mechanism, connecting to a monitoring system, or converting to more modern equipment.
Nothing in this section shall limit the duration of a fire or other evacuation alarm during a bona fide emergency when the sound may assist in saving life or avoiding injury.
(Ord. 116702 § 1(part), 1993.)
10.08.150 Notice– Alarm turnoff.
Anyone who shall have or maintain on any premises an audible-type property, burglary and/or robbery alarm shall maintain posted at the main entrance to such premises a prominent notice of the telephone numbers at which the person or persons authorized to enter such premises and turn off such alarm can be reached at all times.
(Ord. 116702 § 2, 193: Ord. 101476 § 1, 1972.)
10.08.155 Ten-minute limit on audible alarms.
The sounding of an audible automatic property or burglary alarm in a manner that the sound can be heard continuously off the premises for more than ten (10) minutes is a civil infraction, and shall be processed as contemplated by RCW Chapter 7.80. It shall be charged to the alarm system user.
It is a defense that the continuous sounding of the alarm assisted in saving life or avoiding injury in a bona fide emergency.
It is a mitigating circumstance that the alarm was caused by a malfunction of the equipment without prior knowledge of the owner, or activated by an unauthorized entry or by criminal activity.
(Ord. 116702 § 1(part), 1993.)
10.08.160 Unlawful activation or report of alarm.
No person shall activate any robbery, panic, property, or burglary alarm for the purpose of summoning police except in the event of an unauthorized entry, robbery or other crime being committed or attempted on the premises, or the user needs immediate assistance in order to avoid injury or serious bodily harm.
Anyone who shall notify the police of an activated alarm and have knowledge that such activation was apparently caused by an electrical or other malfunction of the alarm system, shall at the same time notify the police of such apparent malfunction.
(Ord. 116702 § 3, 1993: Ord. 101476 § 2, 1972.)
10.08.165 Alarm system monitoring companies– Verification process.
Every alarm system monitoring company engaged in business activities in Seattle shall:
A. Obtain a City of Seattle alarm system monitoring company license from the Department of Finance and Administrative Services as provided in SMC Chapter 6.10;
B. Provide the Chief of Police such information about the nature of its property alarms, burglary alarms, robbery alarms, and panic alarms; its method of monitoring; its program for preventing false alarms; and its method of disconnecting audible alarms, each as the Chief may require by rule adopted pursuant to Chapter 3.02;
C. Maintain a current list of all subscribers' names and the associated protected premises it serves, which list shall be given to the Director on a quarterly basis;
D. Verify with those subscribers who have an automatic alarm system, each alarm signal that has been accepted by the alarm system monitoring company using a verification process to prevent false alarms from resulting in unnecessary police dispatches.
A verification process is an independent method of determining that a signal from an automatic alarm system reflects a need for police assistance or investigation. The means of verification shall include one or more of the following:
1. An attempt by the alarm system monitoring company, or its representative, to contact the alarm site and/or alarm user by telephone and/or other electronic means, whether or not actual contact with a person is made, to determine whether an alarm signal is valid before requesting law enforcement dispatch, in an attempt to avoid an unnecessary alarm dispatch request. For the purpose of this ordinance, telephone verification shall require, as a minimum, that a second call be made to a different number if the first attempt fails to reach an alarm user who can properly identify themselves to determine whether an alarm signal is valid before requesting law enforcement dispatch;
2. A feature that permits the alarm system user or a person authorized by the user to send a cancellation code to the alarm system monitoring company that will cancel an alarm immediately after it has been sent and prevent the monitoring company calling for a police dispatch;
3. The installation of a video system that provides the alarm system monitoring company when the signal is received with the ability to ascertain that activity is occurring which warrants police assistance or investigation;
4. An independent confirmation that a signal reflects a need for police assistance or investigation either by the alarm system user, a person at or near the premises, or an alternate response agency made before dispatching police; or
5. An alternate system that the Chief determines has or is likely to have a high degree of reliability.
E. When the Chief reports that there appears to have been a false alarm at a subscriber's premises, work cooperatively with the subscriber and the Chief in order to determine the cause thereof and prevent recurrences.
(Ord. 123361, § 244, 2010; Ord. 121932 § 23, 2005; Ord. 121332 § 5, 2003; Ord. 120181 § 114, 2000; Ord. 118397 § 99, 1996; Ord. 117169 § 127, 1994; Ord. 116702 § 1(part), 1993.)
10.08.168 Determination– Rebuttable presumption.
For the purposes of this subchapter, there is a rebuttable presumption that the following determinations made by the Chief of Police, or made on behalf of the Chief by a police officer dispatched to the premises, are correct:
A. There is no evidence of a crime or other activity that would warrant a call for police assistance or police investigation at the premises; and
B. No individual who was on or near the premises, or who had viewed a video communication from the premises, called for the dispatch or verified a need for police response.
(Ord. 121932 § 24, 2005; Ord. 116702 § 1(part), 1993.)
10.08.178 Frequent false alarms– Process for disregarding automatic alarms– In-person verification.
A. In exercising his or her discretion to make a dispatch in response to an automatic property or automatic burglary alarm, the Chief of Police may disregard a call for dispatch when:
1. The call comes from or is prompted by an automatic property alarm or automatic burglary alarm that has a record of sending six (6) false alarms within a period of twelve (12) months; and
2. The call is the only basis for making such a dispatch.
The Chief may consider such a call as an additional factor in making his or her decision to order a dispatch when an in-person verification from an individual at the premises, or other independent evidence, shows a need for police assistance at the premises.
B. To discourage false alarms, the Chief may adopt a process of sending a letter by regular mail informing the alarm system monitoring company of record of the false alarm history, the need to take corrective action, and the prospect that six (6) false alarms within a twelve (12) month period shall result in the automatic signals being disregarded and an in-person verification being required or other independent information showing a need for such a dispatch before a dispatch will be made to the premises.
C. Before acting as authorized in subsection A of this section, the Chief shall send or deliver a notice to the alarm system monitoring company that:
1. Six (6) false alarms have been received within a twelve (12) month period;
2. The remedy authorized in subsection A may be taken;
3. The alarm system monitoring company may request a hearing before the Chief or his designee and explain why the Chief should not take the proposed action; if no hearing is requested, the Seattle Police Department will after ten (10) days disregard automatic signals from the premises without a verification from an individual or other independent information showing a need for such dispatch; and
4. A requirement of an in-person communication or verification may remain in effect for a period of three hundred sixty-five (365) days.
D. If a hearing is requested, the Chief shall schedule the hearing within ten (10) days. Both the alarm user and a representative from the alarm system monitoring company are required to attend. The Chief may take into consideration such factors as the steps that the alarm system user or alarm system monitoring company has taken or is taking to correct the problem; the incidence of crime in the area; the facts and circumstances of the false alarms; and other relevant information presented by the user or the monitoring company.
E. The Chief may suspend or cancel the remedy under subsection A if he or she determines that the automatic alarm system has been corrected to prevent the recurrence of false alarms.
F. "Dispatch" means a discretionary decision whether to direct police units to a location where there has been a report made, by whatever means, that police assistance or investigation is needed. There is no duty to dispatch under any circumstances whatever, whether automatic alarms are involved or not, and all dispatch decisions are made subject to competing priorities and available police response resources.
(Ord. 121332 § 7, 2003; Ord. 116702 § 1(part), 1993.)
10.08.180 Violation– Civil penalties.
A. The failure of an alarm system monitoring company that engages in business activities in Seattle to comply with any of the requirements of Section 10.08.165 shall be a civil infraction as contemplated by RCW Chapter 7.80 and subject as a Class 1 civil infraction under RCW 7.80.120(2) to a maximum monetary penalty and a default amount of Two Hundred Fifty Dollars ($250.00) plus statutory assessments. With respect to Subsections A, B, C, and E of Section 10.08.165, each day of noncompliance shall be a separate violation, and the monetary penalties shall accumulate. With respect to Subsection D of Section 10.08.165, each failure to verify an alarm signal that has been accepted by the alarm system monitoring company and results in a false alarm, shall be a separate violation.
B. The violation of or failure to comply with any other provisions of this subchapter shall be a civil infraction as contemplated by RCW Chapter 7.80 and subject as a Class 1 civil infraction under RCW 7.80.120(c) to a maximum penalty and a default amount of Two Hundred Fifty Dollars ($250) plus statutory assessments.
C. There shall be a maximum penalty and default amount of Two Hundred Fifty Dollars ($250) plus statutory assessments as contemplated by RCW 7.80.160(3), for a failure to pay a penalty imposed pursuant to subsection A or B.
(Ord. 121332 § 8, 2003; Ord. 121009 § 2, 2002; Ord. 116702 § 4, 1993; Ord. 101467 § 5, 1972.)
Chapter 10.09 Sections:
10.09.010 Definitions. 10.09.020 Violation. 10.09.030 Declaration of Chronic Nuisance Property and Procedure. 10.09.035 Owner Cooperation. 10.09.040 Correction Agreement. 10.09.050 Penalties. 10.09.060 Commencement of Action– Enforcement. 10.09.070 Burden of Proof 10.09.080 Remedies. 10.09.085 Additional remedies 10.09.090 Suspension or Revocation of Business License
10.09.010 Definitions.
For purposes of this chapter, the following words or phrases shall have the meaning prescribed below:
1. "Abate" means to repair, replace, remove, destroy, or otherwise remedy a condition which constitutes a violation of this chapter by such means and in such a manner and to such an extent as the Chief of Police determines is necessary in the interest of the general health, safety and welfare of the community.
2. "Chief of Police" means the Chief of Police or his or her designees.
3. "Control" means the power or ability to direct or determine conditions, conduct, or events occurring on a property.
4. "Chronic nuisance property" means:
a. a property on which three or more nuisance activities as described in SMC 10.09.010(5) exist or have occurred during any sixty-day period or seven or more nuisance activities have occurred during any twelve-month period, or
b. a property which, upon a request for execution of a search warrant, has been the subject of a determination by a court two or more times within a twelve-month period that probable cause exists that illegal possession, manufacture or delivery of a controlled substance or related offenses as defined in RCW Chapter 69.50 has occurred on the property.
5. "Nuisance activity" includes:
a. a "most serious offense" as defined in ch. RCW 9.94A;
b. a "drug related activity" as defined in RCW 59.18.130;
c. any of the following activities, behaviors or criminal conduct:
1. Assault, Fighting, Menacing, Stalking, Harassment or Reckless Endangerment, as defined in SMC Chapter 12A.06;
2. Promoting, advancing or profiting from prostitution as defined in Chapter 9A.88 RCW;
3. Prostitution, as defined in SMC 12A.10.020;
4. Permitting Prostitution, as defined in SMC 12A.10.060;
5. Obstructing pedestrian or vehicular traffic, as defined in SMC 12A.12.015(4);
6. Failure to Disperse, as defined in SMC 12A.12.020;
7. Weapons violations, as defined in SMC Chapter 12A.14;
8. Drug Traffic Loitering, as defined in SMC 12A.20.050(B); or
9. Gang related activity, as defined in RCW 59.18.030(16).
6. "Owner" means any person who, alone or with others, has title or interest in any property.
7. "Person" means an individual, group of individuals, corporation, partnership, association, club, company, business trust, joint venture, organization, or any other legal or commercial entity or the manager, lessee, agent, officer or employee of any of them.
8. "Person in charge" of a property means the owner and, if different than the owner, any other person in actual or constructive possession of a property, including but not limited to, a lessee, tenant, occupant, agent, or manager of a property under his or her control.
9. "Property" means any land and that which is affixed, incidental or appurtenant to land, including but not limited to any business or residence, parking area, loading area, landscaping, building or structure or any separate part, unit or portion thereof.
10. "RCW" means the Revised Code of Washington.
11. "SMC" means Seattle Municipal Code.
(Ord. 123188, § 1, 2009.)
10.09.020 Violation.
A. Any property within the City of Seattle which is a chronic nuisance property is in violation of this Chapter and subject to its remedies;
B. Owners and other persons in charge who permit property to be a chronic nuisance property shall be in violation of this chapter and subject to its remedies; and
C. An owner who fails to comply with SMC 10.09.035 is in violation of this chapter and is subject to penalties pursuant to SMC 10.09.050D.
(Ord. 123188, § 1, 2009.)
10.09.030 Declaration of Chronic Nuisance Property and Procedure.
A. The Chief of Police may declare that a property is a chronic nuisance property, as defined in this chapter, when there are specific facts and circumstances documenting (1) the occurrence of three or more nuisance activities on a property within sixty days or seven or more nuisance activities within a twelve month period, or (2) activity on a property as described in SMC 10.09.010(4)(b). The Chief of Police shall provide written notice of this declaration to the persons in charge of the property. The notice shall be sent by first class mail or personally served, and a copy shall be sent by certified mail. The notice shall contain:
1. the street address or a legal description sufficient for identification of the property;
2. a declaration that the Chief of Police has determined the property has become a chronic nuisance property with a concise description of the nuisance activities that exist or that have occurred;
3. a notice that the owner and other persons in charge of the property are subject to monetary penalties as set forth in SMC 10.09.050.
4. a demand the owner and other persons in charge respond to the Chief of Police within seven days of service of the notice to discuss a course of action to correct the nuisance;
5. a notice that, if the person in charge does not respond to the Chief of Police as required in this section, or if the matter is not voluntarily corrected to the satisfaction of the Chief of Police, the City may file an action to abate the property as a chronic nuisance property pursuant to SMC 10.09.060 and/or take other action against the property or person in charge.
B. When a notice is issued pursuant to this section to a person in charge, other than an owner or an owner's agent, who has permitted a property to become a chronic nuisance property, a copy of such notice shall also be sent by first class mail or personally served on the owner of the property, and a copy shall be sent by certified mail.
C. If the owner or person in charge responds as required by the notice issued pursuant to SMC 10.09.030A and agrees to a course of action to abate the nuisance activities, a written correction agreement conforming to the requirements of SMC 10.09.040 shall be executed.
D. If (1) the agreed course of action does not result in the abatement of nuisance activities to the satisfaction of the Chief of Police within thirty days of issuance of the notice pursuant to SMC 10.09.030A, or within such longer period as permitted by the Chief of Police in writing or (2) the person in charge fails to respond as required by the notice, the Chief of Police may refer the matter to the City Attorney for initiation of proceedings pursuant to SMC 10.09.060.
(Ord. 123188, § 1, 2009.)
10.09.035 Owner Cooperation.
An owner who receives a copy of a notice pursuant to SMC 10.09.030B describing a chronic nuisance property permitted by a person in charge other than the owner or the owner's agent, shall promptly take all reasonable steps requested in writing by the Chief of Police to assist in abatement of the nuisance property. Such reasonable steps may include the owner taking all acts and pursuing all remedies, including pursuing eviction of the person in charge, that are (1) available to the owner pursuant to any lease or other agreement, and (2) consistent with state and local laws, including but not limited to RCW 59.18.580, the Victim Protection Limitation on Landlord's Rental Decisions, and SMC 22.206.160C, the Seattle Just Cause Eviction Ordinance.
(Ord. 123188, § 1, 2009.)
10.09.040 Correction Agreement.
A. A correction agreement is a contract between the City and the person in charge of the chronic nuisance property in which such person agrees to promptly take all lawful and reasonable actions, which shall be set forth in the agreement to abate the nuisance activities within a specified time and according to specified conditions. The agreement shall be signed by the person in charge and, if different, the owner. The agreement shall include the following:
1. The name and address of the persons in charge of the property;
2. The street address or a description sufficient for identification of the property, building, structure, or land upon or within which the nuisance is occurring;
3. A description of the nuisance activities;
4. The necessary corrective action to be taken, and a date or time by which correction must be completed;
5. An agreement by the person in charge that the City may inspect the property as may be necessary to determine compliance with the correction agreement;
6. An agreement by the person in charge that the City may abate the nuisance and recover its costs and expenses and monetary penalties pursuant to this chapter from the person in charge for the nuisance if the terms of the correction agreement are not met; and
7. When a person in charge, other than an owner or an owner's agent, has permitted a property to be a chronic nuisance property, an agreement by the owner to promptly take all acts and pursue all remedies requested by the Chief of Police pursuant to SMC 10.09.035.
(Ord. 123188, § 1, 2009.)
10.09.050 Penalties.
A. Except as provided in this section, in addition to any other sanction or remedial procedure that may be available, the person in charge is subject to a penalty of up to $500 dollars per day from the date of the notice issued pursuant to SMC 10.09.030A until the Chief of Police confirms that the property is no longer a chronic nuisance property.
B. If the agreed course of action results in the abatement of nuisance activities to the satisfaction of the Chief of Police within thirty days of the notice issued pursuant to SMC 10.09.030A, or such longer period allowed by the Chief of Police pursuant to SMC 10.09.030D, the matter shall not be referred to the City Attorney and the person in charge shall not be subject to any penalty pursuant to this Chapter.
C. An owner who fails to comply with SMC 10.09.035 is subject to a civil penalty of up to $25,000.
(Ord. 123188, § 1, 2009.)
10.09.060 Commencement of Action– Enforcement.
Upon referral pursuant to SMC 10.09.030, the City Attorney may initiate an action in any court of competent jurisdiction to abate a chronic nuisance property, to impose penalties pursuant to this chapter, to seek alternative remedies under city or state laws and seek any other relief authorized by law.
(Ord. 123188, § 1, 2009.)
10.09.070 Burden of Proof
In an action against a person in charge to abate a chronic nuisance property or to recover penalties authorized by this chapter, the City shall have the burden of proof to show by a preponderance of the evidence that the property is a chronic nuisance property pursuant to this chapter. In an action against an owner to recover penalties authorized by SMC 10.09.050D, the City shall have the additional burden to prove by a preponderance of the evidence that the owner failed to comply with SMC 10.09.035. Copies of police incident reports and reports of other city departments documenting nuisance activities shall be admissible in such actions. Additionally, evidence of a property's general reputation and the reputation of persons residing in or frequenting the property shall be admissible in such actions.
(Ord. 123188, § 1, 2009.)
10.09.080 Remedies.
A. If the Court determines a property is a chronic nuisance property pursuant to this chapter the court may order any of the following: (1) order the person in charge to immediately abate nuisance activity from occurring on the property, (2) order that the Chief of Police shall have the right to inspect the property to determine if the court's orders have been complied with, (3) impose a penalty of up to $500 per day against the person in charge for each day from the date the notice pursuant to SMC 10.09.030A was issued until the Chief of Police confirms that the property is no longer a chronic nuisance property, (4) make any other order that will reasonably abate nuisance activities from occurring on the property, including authorizing the City to take action to abate nuisance activities from occurring upon the property if other court orders are not complied with or do not abate nuisance activity on the property and providing that the costs of such City action are to be paid for by the person in charge of the property.
B. If the court finds that an owner failed to take all reasonable steps requested in writing pursuant to SMC 10.09.035, the court may impose a civil penalty up to $25,000.
(Ord. 123188, § 1, 2009.)
10.09.085 Additional remedies
A. In addition to the remedies authorized by SMC 10.09.080, if as part of its order abating a chronic nuisance property, the court orders a person in charge to cease renting or leasing a property, the court may order the person in charge to pay relocation assistance not to exceed $3,300 to any tenant (1) who must relocate because of the order of abatement, and (2) the court finds not to have caused or participated in nuisance activities at the property.
B. For purposes of this section, SMC 10.909.085, the term "tenant" shall have the meaning as set forth in SMC 22.210.030.M.
(Ord. 123188, § 1, 2009.)
10.09.090 Suspension or Revocation of Business License
In addition to any other remedy that is authorized by this chapter or other laws, upon the finding by a court that a property is a chronic nuisance property pursuant to this chapter, the person in charge is subject to the suspension or revocation of a business license or other license at such property issued pursuant to Titles 5 and 6 of the Seattle Municipal Code.
(Ord. 123188, § 1, 2009.)
Chapter 10.10 Sections:
Subchapter I Title
10.10.001 Citation.
Subchapter II Purpose and Policy Declared
10.10.002 Purpose and policy declared.
Subchapter III Definitions
10.10.010 Generally.
10.10.020 Abbreviations.
10.10.030 Definitions "A" through "D."
10.10.040 Definitions "E" through "F."
10.10.050 Definitions "G" through "L."
10.10.060 Definitions "M" through "Q."
10.10.070 Definitions "R" through "S."
10.10.080 Definitions "T" through "Z."
Subchapters IV– X (Reserved)
Subchapters XI Food Supplies
10.10.111 Generally.
10.10.112 Milk and milk products.
10.10.113 Shellfish.
10.10.114 Eggs.
10.10.115 Meat and poultry products.
10.10.116 Game meat.
Subchapters XII Food Protection
10.10.121 Generally.
10.10.122 Emergency occurrences.
10.10.123 Sulfiting agents.
10.10.124 Mollusks.
10.10.125 Game meat.
10.10.126 Cheese.
Subchapters XIII Public Health Labeling
10.10.131 Generally.
10.10.132 Raw milk and raw milk products.
10.10.133 Sulfiting agents.
10.10.134 Bulk foods.
10.10.135 Raw or undercooked meats, eggs, or aquatic foods.
10.10.136 Alternative wording.
10.10.137 Alcoholic beverages.
Subchapter XIV Food Protection
10.10.141 Generally.
10.10.142 Preparation, display, service and transport.
10.10.143 Additional requirements.
Subchapter XV Modified Atmosphere Packaging
10.10.151 Foods allowed.
10.10.152 Additional foods.
10.10.153 Additional requirements.
10.10.154 Prohibited foods.
10.10.155 Person in charge.
10.10.156 Labeling exemptions.
10.10.157 Expiration requirements.
Subchapter XVI Temperature Control
10.10.161 Thermometers.
10.10.162 Thawing.
10.10.163 Cooking.
10.10.164 Overnight cooking.
10.10.165 Hot holding.
10.10.166 Overnight hot holding.
10.10.167 Cooling.
10.10.168 Cold holding.
10.10.169 Reheating.
Subchapters XVII– XX (Reserved)
Subchapter XXI Personal Hygiene
10.10.211 Generally.
10.10.212 Handwashing.
10.10.213 Hand rinses.
10.10.214 Eating and tobacco use.
10.10.215 Personal belongings.
10.10.216 Food and beverage service workers permits.
Subchapters XXII– XXX (Reserved)
Subchapters XXXI Sanitary Design, Construction, and Installation of Equipment and Utensils
10.10.311 Generally.
10.10.312 Food contact surfaces.
10.10.313 Single service articles.
10.10.314 Installation.
10.10.315 Facilities for cleaning and sanitizing.
10.10.316 Food preparation sinks.
10.10.317 Mop sinks.
10.10.318 Exemptions.
Subchapter XXXII Equipment and Utensil Cleaning and Sanitizing
10.10.321 Frequency.
10.10.322 Methods.
10.10.323 Storage after cleaning and sanitizing.
10.10.324 Wiping cloths.
10.10.325 Monitoring.
10.10.326 Additional requirements.
Subchapter XXXIII Poisonous or Toxic Materials
10.10.331 When allowed.
10.10.332 Labeling.
10.10.333 Storage and use.
10.10.334 Lubricants.
Subchapters XIV– XL (Reserved)
Subchapter XLI Sanitary Facilities and Controls
10.10.4105 Water and ice source.
10.10.4110 Liquid waste disposal.
10.10.4115 Plumbing.
10.10.4120 Carbonated beverage dispensing machines.
10.10.4125 Toilets for food workers.
10.10.4130 Toilets for patrons.
10.10.4135 Toilets for establishments with twelve (12) seats or less.
10.10.4140 Toilets for drive-in establishments.
10.10.4145 Joint usage.
10.10.4150 Toilet facility requirements.
10.10.4155 Handsinks for foodworkers.
10.10.4160 Handsink requirements.
10.10.4165 Handsink hot water temperature.
10.10.4170 Automatic faucets.
Subchapter XLII Garbage, Rubbish, and Litter
10.10.421 Generally.
10.10.422 Liquid wastes.
10.10.423 Rubbish storage.
10.10.424 Garbage storage.
10.10.425 Overflow and nuisance prevention.
10.10.426 Methods to reduce waste.
Subchapter XLIII-L (Reserved)
Subchapter LI Pests and Pest Control
10.10.511 Generally.
10.10.512 Pesticides.
10.10.513 Licensed pest control operators.
10.10.514 Automatic dispensing aerosol units.
Subchapter LIII Construction and Maintenance of Physical Facilities
10.10.531 Floors and floor coverings.
10.10.532 Walls, windows, doors and ceilings.
10.10.533 Lighting.
10.10.534 Ventilation.
10.10.535 Maintenance.
10.10.536 Animals.
Subchapter LIV Mobile Food Vehicles
10.10.5405 Generally.
10.10.5410 Food source and labeling.
10.10.5415 Temperature control and food preparation.
10.10.5420 Cold and hot holding.
10.10.5425 Condiments, single service, equipment and utensils.
10.10.5430 Food-service workers.
10.10.5435 Water supply.
10.10.5440 Wastewater.
10.10.5445 Dishwashing facilities.
10.10.5450 Handwashing facilities.
10.10.5455 Toilet facilities.
10.10.5460 Commissary.
10.10.5465 Location or route.
10.10.5470 Prepackaged food service.
10.10.5475 Plans.
10.10.5480 Other approvals.
10.10.5485 Additional requirements.
Subchapter LV Mobile Food Carts
10.10.5505 Generally.
10.10.5510 Food source and labeling.
10.10.5515 Temperature control and food preparation.
10.10.5520 Condiments, single service, equipment and utensils.
10.10.5525 Dishwashing and cleaning.
10.10.5530 Cart design.
10.10.5535 Ice chest.
10.10.5540 Water supply.
10.10.5545 Wastewater.
10.10.5550 Handwashing facilities.
10.10.5560 Toilet facilities.
10.10.5565 Overhead protection.
10.10.5570 Dishwashing facilities.
10.10.5575 Commissary.
10.10.5580 Location.
10.10.5585 Plans.
10.10.5590 Additional requirements.
Subchapter LVI Establishments Selling Only Espresso, Hot Dogs, and Foods
10.10.561 Foods allowed.
10.10.562 Handsink requirements.
10.10.563 Toilet facilities.
10.10.564 Facilities for cleaning and sanitizing.
10.10.565 Additional requirements.
Subchapter LVII Customer Self-Service of Food and Bulk Food Dispensing
10.10.571 Food protection.
10.10.572 Utensils and display containers.
Subchapter LVIII Bed and Breakfast Food Service Operations
10.10.581 Generally.
10.10.582 Requirements for food preparation.
10.10.583 Additional requirements.
Subchapters LVIX– LX
Subchapters LXI Temporary Food Service Establishments
10.10.611 Generally.
10.10.612 Temperature control and food preparation.
10.10.613 Application and permit issuance.
10.10.614 Operational requirements.
10.10.615 Handwashing facilities.
10.10.616 Toilet facilities.
10.10.617 Dishwashing facilities.
10.10.618 Utility sinks.
10.10.619 Additional requirements.
Subchapter LXII Sale of Homemade Goods
10.10.621 Foods allowed.
10.10.622 Food protection.
10.10.623 Prohibited foods.
10.10.624 Permits.
Subchapter LXIII Food Demonstration and Promotion
10.10.631 Generally.
10.10.632 Permits.
10.10.633 Food preparation and protection.
10.10.634 Food dispensing.
10.10.635 Operational requirements.
10.10.636 Additional requirements.
Subchapter LXIV Review of Plans and Menu
10.10.641 When to submit.
10.10.642 Plan approval.
10.10.643 Procedure.
Subchapter LXV Permits Required
10.10.651 Application and issuance.
10.10.652 Effective periods, validity, display, penalty clause.
10.10.653 Permit and/or plan review exemptions.
Subchapter LXVI Fees
10.10.661 Fee schedule.
10.10.662 Inspection fees outside departmental hours (hourly rate).
10.10.663 Special service fees.
10.10.664 Penalty for commencing operation without approval.
Subchapter LXVII Inspections and Investigations
10.10.671 When required.
10.10.672 Access.
10.10.673 HACCP.
10.10.674 Reports.
10.10.675 Frequency.
Subchapter LXVIII Examination, Hold Orders, and Destruction of Food
10.10.681 Examination and food sampling.
10.10.682 Hold orders.
10.10.683 Destruction.
Subchapter LXIX Procedure When Disease Transmission is Suspected
10.10.691 Generally.
10.10.692 Actions to control transmission.
Subchapter LXX Permit Suspension, Revocation and Compliance Methods
10.10.701 Suspensions.
10.10.702 Reinstatement.
10.10.703 Revocation.
10.10.704 Additional compliance methods.
Subchapter LXXI Service of Notices
10.10.711 Generally.
10.10.712 Filing.
Subchapter LXXII Hearings
10.10.721 Hearings.
10.10.722 Findings.
Subchapter LXXIII Variance Clause
10.10.731 Generally.
Subchapter I 10.10.001 Citation.
This chapter may be cited and referred to, and shall be known as "Seattle Food Code."
(Ord. 117001 § 1(part), 1993.)
Subchapter II 10.10.002 Purpose and policy declared.
A. In compliance with 246-215 WAC this chapter is enacted as an exercise of the police power of the City to protect and preserve the public peace, health, safety, and welfare. Its provisions shall be liberally construed for the accomplishment of these purposes.
B. It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted by the terms of this chapter.
C. It is the specific intent of this chapter to place the obligation of complying with its requirements upon the owner of each food-service establishment within its scope, and no provision nor term used in this chapter is intended to impose any duty whatsoever upon the City or any of its officers or employees, for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.
D. Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the City, its officers, employees or agents, for any injury or damage resulting from the failure of any person subject to this chapter to comply with this chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter on the part of the City by its officers, employees or agents.
(Ord. 117001 § 1(part), 1993.)
Subchapter III 10.10.010 Generally.
As used in this chapter, unless the context clearly requires another meaning, the words defined in this subchapter shall have the meaning given them in this subchapter.
(Ord. 117001 § 1(part), 1993.)
10.10.020 Abbreviations.
A. "DOH" means Washington State Department of Health.
B. "FDA" means United States Food and Drug Administration.
C. "HACCP" means hazard analysis, critical control point.
D. "PPM" means parts per million.
E. "USA" means United States of America.
F. "USDA" means United States Department of Agriculture.
G. "WSDA" means Washington State Department of Agriculture.
(Ord. 117001 § 1(part), 1993.)
10.10.030 Definitions "A" through "D."
As used in this chapter, unless the context clearly requires another meaning:
A. "Adulterated" means the condition of a food:
1. If it bears or contains poisonous or deleterious substance may render it injurious to health;
2. If it bears or contains any added poisonous or deleterious which no safe tolerance has been established by regulation, or in excess of such tolerance if one has been established;
3. If it consists in whole or in part of any filthy or decomposed substance, or if it is otherwise unfit for human consumption;
4. If it has been processed, prepared, packed or held under an unsanitary condition, whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health;
5. If it is in whole or in part the product of a diseased animal or an animal that has died otherwise than by slaughter; or
6. If its container is composed in whole or in part of any poisonous or deleterious substance that may render the contents injurious to health.
B. "Approved" means approved in writing by the Health Officer.
C. "Approved source" means foods which are obtained by the food-service establishment owner from a person who complies with applicable federal, laws, ordinances and regulations.
D. "Aquatic foods" means foods grown in or harvested from water including all types of fish, shellfish and mollusks, edible crustacea, reptiles, amphibians, and mixtures containing aquatic foods and synthetic foods, such as surimi.
E. "Base of operation" means an approved site for servicing, cleaning, sanitizing, supplying, maintaining and storing a mobile food unit.
F. "Bed and breakfast" means a private home or inn offering lodging on a temporary basis to travelers, tourists, and transient guests which provides food service only to registered guests.
G. "Bulk food" means processed or unprocessed food in containers where consumers withdraw desired quantities.
H. "Caterer" means any person operating a food-service establishment that pursuant to a prior order or agreement prepares food, provides transportation for such food to other premises for consumption, and serves food, sets up a buffet for self-service or prepares food for immediate service, either as the primary function of the establishment or as an activity additional to another requiring a permit issued pursuant to this chapter.
I. "Commissary" means an approved food-service establishment in which food, containers, equipment, and/or supplies are kept, handled, prepared, packaged or stored for use in another establishment or location.
J. "Consumer" means a person who eats or drinks food or purchases or receives food products.
K. "Corrosion-resistant" means a material maintaining original surface characteristics under prolonged contact with food, cleaning compounds, or sanitizing solutions, and the general conditions-of-use environment.
L. "Critical control point" means a location where exercising a preventive measure or procedure eliminates, prevents, or minimizes a hazard or hazards from occurring after that point.
M. "Cross-contamination" means the process where disease-causing organisms are transferred from raw meat, poultry, rabbit and aquatic foods to equipment or ready-to-eat foods.
N. "Department" means the Public Health Department of King County.
O. "Durable" means capable of withstanding expected use and remaining easily cleanable.
(Ord. 117001 § 1(part), 1993.)
10.10.040 Definitions "E" through "F."
As used in this chapter, unless the context clearly requires a different meaning:
A. "Easily cleanable" means readily accessible with materials and finish fabricated to permit complete removal of residue by normal cleaning methods.
B. "Equipment" means all stoves, ovens, ranges, hoods, slicers, mixers, meatblocks, tables, counters, refrigerators, sinks, dishwashing machines, steam-tables, and similar items, other than utensils, used in the operation of a food-service establishment.
C. "Event" means an occurrence of some significance which requires purpose, structure and promotion. An event must be for a defined time and generally includes other activities besides food.
D. "Extensively remodeled" means having undergone a change in condition from that existing prior to the commencement of the remodeling work, that results in one or more of the following circumstances:
1. The square footage of the food-preparation area or the area where food is served to the public is increased by more than twenty percent (20%);
2. Food-service capacity is increased by more than twenty percent (20%) by the installation of equipment or fixtures; or
3. The food-service establishment provides, for the first time, seating or drive-in parking spaces for its patrons.
E. "Fabricated" means potentially hazardous foods combined with other ingredients and formed into a new food product.
F. "Food" means any raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale, in whole or in part, for human consumption.
G. "Food additive" means substances added directly or indirectly to food.
H. "Food contact surfaces" means those surfaces of equipment and utensils normally contacting food, and those surfaces where food may drain, drip, or splash back onto surfaces normally in contact with food.
I. "Food demonstration" means the serving, without charge, of any sample of food, drink or food product for the purpose of publicizing, advertising, or promoting the sale of that food, food product, or associated food preparation equipment.
J. "Food demonstrator" means any business which provides personnel who conduct food demonstrations.
K. "Food preparation" means thawing, cooking, cooling, heating, reheating, putting together, cutting, slicing, dividing, mixing, portioning, or packaging food for a consumer, except that trimming or cleaning of whole vegetables or fruits for display and sale shall not be considered food preparation.
L. "Food processing establishment" means any commercial establishment in which food is processed or otherwise prepared, packaged or repackaged into another container for consumption or resale off-site. A food-processing establishment may provide for on-site consumption for up to twelve (12) persons if toilet facilities for patrons are available.
M. "Food promotion" means the serving of only non-potentially hazardous nonalcoholic beverages and hot dogs, with or without a charge, for the purpose of publicizing, advertising or promoting the beverages.
N. "Food promoter" means any business which provides personnel who conduct food promotions.
O. "Food-service establishment" means:
1. A place, location, operation, site, or facility where food is manufactured, prepared, processed, packaged, dispensed, distributed, sold, served, or offered to the consumer regardless of whether or not compensation for food occurs, including but not limited to:
a. Restaurants, snack bars, cafeterias, taverns, bars,
b. Retail food stores, supermarkets, retail meat markets, retail fish markets, retail bakeries, delicatessens,
c. Food services in schools and private higher education learning facilities,
d. Institutional operations licensed by DOH, such as hospitals, prisons, state-licensed higher education learning facilities, and child care facilities,
e. Central preparation sites, including caterers,
f. Satellite servicing locations,
g. Temporary food-service establishments and mobile food units,
h. Bed and breakfast operations,
i. Remote feeding sites, and
j. Vending machines dispensing potentially hazardous foods;
2. Except for the following:
a. Private homes where food is prepared or served for consumption by household members and/or their non-paying guests,
b. Establishments offering only commercially prepared and packaged non-potentially hazardous foods sold or given packaged for off-premises consumption or consumption without further preparation,
c. Commercial food-processing establishments, licensed and regulated by the USDA, FDA, or WSDA, and
d. Farmers exempt from licensure under RCW 36.71.090.
P. "Food-service worker" means the owner, an individual having supervisory or management duties, and any other person working in a food-service establishment.
Q. "Frozen" means the condition of a food when it is continuously stored at or below ten degrees Fahrenheit (10 F).
(Ord. 117001 § 1(part), 1993.)
10.10.050 Definitions "G" through "L."
As used in this chapter, unless the context clearly requires a different meaning:
A. "Game meat" means warm-blooded and cold-blooded animals, excluding fish and meat food animals as defined by USDA, noncommercially raised and processed without continuous regulatory surveillance, including, but not limited to:
1. Mammals such as deer, elk, antelope, buffalo, and bear;
2. Birds; and
3. Reptiles such as alligator.
B. "Graywater" means all the waste water generated by a food-service establishment except for toilet wastes and garbage disposal wastes.
C. "Grocery store" means a food-service establishment selling commercially prepared and prepackaged potentially hazardous foods requiring refrigeration or freezer control, whole produce and/or bulk foods for consumption off-site.
D. "Hazard analysis critical control point (HACCP)" means a method used to reduce he risk of foodborne illness by:
1. Identifying hazards of high-risk foods;
2. Assessing the hazards posed by each preparation step;
3. Determining the critical points for controlling hazards;
4. Monitoring a critical control point or points; and
5. Implementing immediate and appropriate corrective action when control criteria are not met.
E. "Health Officer" means the Director of Public Health of King County and any of his/her designated representatives.
F. "Hermetically sealed container" means a properly designed container, intended to keep the contents free of contamination by microorganisms and to maintain the commercial sterility of its contents after thermal processing.
G. "Hot dog" means a precooked ready-to-eat sausage as defined by USDA Regulations, Chapter 319, processed in a facility under USDA inspection.
H. "Immediate service" means foods served to the public within thirty (30) minutes of preparation.
I. "Imminent or actual health hazard" means a situation which if not corrected, has a high probability of causing an illness or an exposure known to cause illness. This includes, but is not limited to:
1. A breakdown or lack of equipment or power for enough time to enhance the growth of microorganisms in potentially hazardous foods;
2. Lack of safe, adequate, or hot water which prevents proper hand washing or equipment cleaning and sanitizing;
3. Major incidents, accidents or natural disasters which will contaminate the water system, food supplies or equipment. Examples include fire, flooding or building collapse;
4. A sewage backup within an establishment significant enough to contaminate patrons, employees, food supplies and/or equipment;
5. A food-service establishment which is linked to an outbreak of an on-going foodborne illness.
J. "Law" includes federal, state, and local statutes, ordinances and rules and regulations.
(Ord. 117001 § 1(part), 1993.)
10.10.060 Definitions "M" through "Q."
As used in this chapter, unless the context clearly requires a different meaning:
A. "Menu" means a written or graphic description of foods prepared and offered for sale or service by a food-service establishment.
B. "Mislabeled" means the presence of any false or misleading written, printed, or graphic material upon or accompanying food or food containers.
C. "Mobile food-service unit" means an approved movable vehicle or cart that is operated from either a fixed location or on an established daily route; is supplied from, and cleaned, maintained, and stored at, a commissary or base of operation; and from which food is prepared, served, or provided for the public with or without charge. Such units shall be classified according to the following categories:
1. "Mobile Food Cart"– A cart limited to serving non-potentially hazardous foods with no preparation except microwave warming for immediate service, hot dogs, espresso beverages, snow cones or limited non-potentially hazardous beverages.
2. "Restricted Mobile Food Vehicle"– A vehicle limited to serving only prepackaged potentially hazardous foods requiring no further food preparation except microwave warming for immediate service.
3. "Unrestricted Mobile Food Vehicle"– A vehicle preparing or serving food that is not prepackaged.
D. "Modified atmosphere packaging" means a process that completely encases food in an impermeable or partially permeable membrane, with either a partial or complete vacuum; or a gas or mixture of gases surrounding the food. Hermetically sealed containers are not considered to be modified atmosphere packaging.
E. "Owner" means a person owning and/or responsible for the operation of a food-service establishment.
F. "Packaged" means bottled, canned, cartoned, or securely wrapped.
G. "Perishable food" means foods, other than potentially hazardous foods, where deterioration or spoilage due to loss of moisture or growth of molds and bacteria may occur.
H. "Person" means any individual, partnership, corporation, association, or other legal entity.
I. "Person in charge" means the individual present in a food-service establishment and designated supervisor of the food-service establishment at the time of inspection or any food-service worker present when a designated supervisor is absent.
J. "pH" means a measure of the amount of acid in a food product.
K. "Potentially hazardous food" means any natural or synthetic edible item, material, or ingredient in a form supporting rapid and progressive growth of infectious or toxigenic microorganisms or the slower growth of Clostridium botulinum. Potentially hazardous food:
1. Includes any food of animal origin, raw, cooked, or processed;
2. Includes certain cooked or prepared foods of plant origin, including but not limited to:
a. Cooked potato products;
b. Dry legumes after cooking;
c. Cooked rice;
d. Sprouts; and
e. Cut melons.
3. Excludes foods:
a. With a water activity (Aw) value of 0.90 or less;
b. With a pH level of 4.6 or below;
c. Enclosed in unopened hermetically sealed containers commercially processed to achieve and maintain commercial sterility under nonrefrigerated storage and distribution conditions; and/or
d. Where laboratory evidence acceptable to the Health Officer indicates no likelihood of rapid or progressive growth of infectious or toxigenic microorganisms or the slower growth of Clostridium botulinum.
(Ord. 117001 § 1(part), 1993.)
10.10.070 Definitions "R" through "S."
As used in this chapter, unless the context clearly requires a different meaning:
A. "Reconstituted" means dehydrated food products recombined with water or other liquids.
B. "Restaurant" means any stationary food-service establishment providing seating or seating equivalents that gives, sells, or offers for sale food to the public, guests, patrons or its personnel.
C. "Restructured" means potentially hazardous foods processed and formed so surface contaminants may become incorporated inside the final product.
D. "Retail bakery" means any food-service establishment in which food and food products are mixed and baked to final form and offered to the ultimate consumer and intended for off-premises consumption. A retail bakery may provide for on-site consumption for up to twelve (12) persons if toilet facilities are provided for the patrons.
E. "Sanitary design" means smooth, nonabsorbent, and easily cleanable.
F. "Sanitized" means effective bactericidal treatment by a process providing enough accumulative heat or concentration of chemicals for enough time to reduce the bacterial count, including pathogens, to a safe level on food contact surfaces.
G. "School" means an institution for learning limited to the K-12 grades.
H. "Sealed" means free of cracks or other openings permitting entry or passage of moisture or air.
I. "Seasonal food-service establishment" means a food-service establishment that routinely operates for no more than six (6) consecutive months each year.
J. "Self-service" area means any site within a food-service establishment where customers dispense their own food or beverages.
K. "Served" means offered to a person for consumption.
L. "Single service articles" means utensils designed, fabricated, and intended by the manufacturer for one time use.
M. "Smoked" means smoke is added as a flavoring or preservative during the cooking process.
N. "Snack bar" means any stationary food-service establishment from which prepackaged potentially hazardous foods requiring no further preparation and/or hot dogs are served or provided to the public and that provides no inside or outside seating or defined parking space for its patrons or customers.
O. "Sulfiting agents" means chemicals used to treat food to increase shelf life and enhance appearance including:
1. Sulfur dioxide;
2. Sodium sulfite;
3. Sodium bisulfite;
4. Potassium bisulfite;
5. Sodium metabisulfite; and
6. Potassium metabisulfite.
(Ord. 117001 § 1(part), 1993.)
10.10.080 Definitions "T" through "Z."
As used in this chapter, unless the context clearly requires a different meaning:
A. "Tableware" means all multi-use eating and drinking utensils, including flatware (knives, forks, spoons).
B. "Tavern" means any food-service establishment issued a Type B, C, E or F license by the Washington State Liquor Control Board, or having an application for such type of license pending before such Board. Food-service is limited to commercially prepackaged potentially hazardous foods requiring no further food preparation and/or hot dogs.
C. "Temporary food-service establishment" means a food-service establishment operating at a fixed location for not more than twenty-one (21) consecutive days in conjunction with a single event or celebration.
D. "Time/temperature" means the relationship between the length of time and the specific temperatures to which potentially hazardous foods are subjected during storage, transportation, preparation, cooking, reheating, dispensing, service, or sale.
E. "Utensil" means any food contact implement used in storing, preparing, transporting, dispensing, serving, or selling of food.
F. "Water activity (Aw)" means a measure of the amount of moisture available for bacterial growth in a food.
G. "Wholesome" means in sound condition, clean, free from adulteration, and otherwise suitable for use as human food.
(Ord. 117001 § 1(part), 1993.)
Subchapters IV– X Subchapter XI 10.10.111 Generally.
The food-service establishment owner shall use or sell food supplies which are:
A. From approved sources;
B. In compliance with applicable federal, state, and local laws, ordinances, and regulations;
C. Clean, wholesome, and free from spoilage and adulteration;
D. Protected from becoming adulterated;
E. Safe for human consumption; and
F. If in hermetically sealed containers, processed in an approved commercial food processing establishment, when used.
(Ord. 117001 § 1(part), 1993.)
10.10.112 Milk and milk products.
The food-service establishment owner shall use or sell commercially pasteurized fluid milk, fluid milk products, dry milk, and dry milk products which meet the Grade "A" quality standards contained in the most current version of the federal Pasteurized Milk Ordinance, except:
A. Grade "A" raw milk as defined under RCW 15.36.140 may be sold only in the original unopened container for off-premises consumption in compliance with Section 10.16.560 of the Seattle Municipal Code;
B. Unripened raw milk cheese and similar raw milk cultured products may be sold for off-premises consumption and may be used in food-service establishments, only if the foods are subsequently cooked to a minimum temperature of one-hundred sixty-five degrees Fahrenheit (165° F); and
C. Properly fermented raw milk cheeses, produced using a flash heating process and meeting cheese composition requirements described under Section 10.10.132(C), may be sold or used in food-service establishments and are exempted from the cooking requirements of subsection B of this section.
(Ord. 117001 § 1(part), 1993.)
10.10.113 Shellfish.
The food-service establishment owner shall use or sell fresh and frozen shellfish (oysters, clams, mussels, and scallops):
A. From sources approved by the DOH; or certified for interstate shipment in accordance with the National Shellfish Sanitation Program (NSSP); and
B. Which are identified by one of the following methods:
1. A tag or label containing name, address, state certification number, harvest date, and location attached to bags of unshucked shellfish,
2. A label containing name, address, and state certification number attached to containers of shucked shellfish, or
3. State certification numbers and harvest location provided on invoices accompanying shellfish.
(Ord. 117001 § 1(part), 1993.)
10.10.114 Eggs.
The food-service establishment owner shall use or sell eggs meeting WSDA or USDA standards. The use or sale of ungraded eggs, unpasteurized liquid eggs, racked or checked eggs is prohibited except:
A. As specified in Section 10.10.121 J; or
B. When otherwise approved by the Health Officer.
(Ord. 117001 § 1(part), 1993.)
10.10.115 Meat and poultry products.
The food-service establishment owner shall use or sell only USDA-inspected meat, meat products, poultry, and poultry products. Custom meat facilities defined in RCW 16.49.435 may process or handle uninspected meat for the household user. Custom meat facilities shall not use or sell uninspected meat to the public.
(Ord. 117001 § 1(part), 1993.)
10.10.116 Game meat.
The food-service establishment owner shall use or sell game meat:
A. Processed in a state agriculture inspected processing plant;
B. Processed in a processing plant with USDA voluntary inspection;
C. Imported from outside the USA from a country having an approved program of inspection authorized by USDA or FDA, or
D. Approved by the Health Officer for use in the following types of institutions:
1. Jails and correction facilities, and
2. Distributing organizations limited to food banks and soup kitchens specified under RCW 69.80.020.
(Ord. 117001 § 1(part), 1993.)
Subchapter XII 10.10.121 Generally.
The food-service establishment owner shall protect food from potential or actual sources of contamination or adulteration during transporting, storing, preparing, cooking, displaying, and serving by the following methods:
A. Covering food or food storage containers with tightly fitting covers manufactured from approved materials such as metal, plastic, plastic wrap, or aluminum foil, except:
1. During necessary preparation or cooling periods,
2. When serving food to the customers,
3. When displaying or storing fresh, raw, unprocessed whole fruits and vegetables,
4. When displaying or storing raw, whole aquatic foods,
5. During storage, quarters or sides of meat, and primal cuts may be placed on clean sanitized hooks or racks;
6. When covering bread products or lining containers for bread products with linens and/or napkins, and
7. When covering foods with moist clean cloths to retain moisture;
B. Preventing the storage of food under leaking refrigeration condensers, exposed or unprotected sewer, waste or drain lines, leaking water lines, or water lines with accumulations of condensed water; except for unprotected fire protection sprinkler heads required by law;
C. Storing foods above the floor level to prevent contamination and permit easy cleaning, except:
1. Floor storage is permitted for foods stored in bulk if contained in impervious covered containers,
2. Floor storage is permitted when beverages are in pressurized beverage containers; or foods are protected by glass, durable plastic, cans, or other waterproof containers, and
a. Floors beneath the foods are dry and easily cleanable, and
b. Foods can be easily moved to allow cleaning of the floor;
D. Preventing the storage of food, utensils, or single-service articles in toilet rooms, toilet room vestibules, or garbage rooms;
E. Labeling foods removed from original containers, unless identity of the food is unmistakable;
F. Providing protection from contamination through use of a sneeze guard, display case, packaging, or other effective measures;
G. Minimizing hand contact with foods by:
1. Using appropriate utensils,
2. Providing tongs, bakery papers, scoops, spatulas, ladles, and similar utensils for handling foods during display or service, and/or
3. Using single service food-service gloves when appropriate;
H. Preventing the storage of raw meats, poultry, and aquatic foods above foods requiring no additional cooking or washing before service or in a manner increasing the probability of cross-contamination;
I. Preventing the use of ice for human consumption following use for cold holding or after contamination; or
J. Preventing use of pooled eggs prepared from raw unpasteurized eggs, except:
1. If used for immediate service, or
2. If cooked to one-hundred forty degrees Fahrenheit (140° F) or above within thirty (30) minutes of breaking;
K. Preventing egg-breaking procedures where liquid eggs contact egg shells such as egg-breaking machines;
L. By any other methods approved by the Health Officer.
(Ord. 117001 § 1(part), 1993.)
10.10.122 Emergency occurrences.
In emergency situations when an imminent or actual health hazard exists, the food-service establishment owner shall take appropriate action to prevent adulteration of foods, including the following:
A. Protecting foods from contamination;
B. Ensuring proper temperature controls;
C. Notifying the Health Officer; and/or
D. Destroying contaminated, adulterated, or temperature-abused foods.
(Ord. 117001 § 1(part), 1993.)
10.10.123 Sulfiting agents.
The food-service establishment owner shall:
A. Prohibit application of sulfiting agents in the food-service establishment;
B. Prohibit the storage of sulfiting agents on the premises unless in packaged form, clearly labeled, and offered for retail sale; and
C. Allow sulfiting agents only if contained within properly labeled commercially processed foods.
(Ord. 117001 § 1(part), 1993.)
10.10.124 Mollusks.
When the food-service establishment owner stores or displays mollusks in live holding systems, the owner shall protect the mollusks from contamination by:
A. Requiring an approved source for seawater placed in the system; or
B. Using a commercial mix for artificial seawater mixed with potable drinking water; and
C. Completely separating mollusks from crustaceans or fish; or
D. Using a gravity flow system that is:
1. Designed to prevent contaminated water from the crustaceans and fish from coming in contact with the mollusks;
2. Filtered to adequately remove particulate matter and ammonia; and
3. Disinfected with ultraviolet or the equivalent to produce coliform free water; and
E. Maintaining the live holding system to insure:
1. The mollusks are culled daily to remove dead or weakened animals;
2. The unit is maintained, clean and in good operation;
3. Defoamers, if used, are of food grade quality;
4. Extra ultraviolet lights are replaced every nine to ten (9– 10) months and spare bulbs are available on premises; and
5. Backflow prevention devices are installed as required by the plumbing code.
(Ord. 117001 § 1(part), 1993.)
10.10.125 Game meat.
The food-service establishment owner specified in section 10.10.116 D of this chapter shall establish control measures for the use of game meat. These control measures designed to prevent illness and approved by the Health Officer include:
A. Designation of a person in charge who is responsible for:
1. Insuring that game meat is approved for public consumption as specified in Section 10.10.116 of this chapter,
2. Recordkeeping of all game meat received and used, including name of supplier/source,
3. Insuring separation of raw game meat from all other foods,
4. Adequate cooking of all game meat to one-hundred sixty-five degrees Fahrenheit (165° F) or above, and
5. Maintenance of temperature monitoring and control;
B. Compliance with all other parts of this chapter, unless specified otherwise;
C. Game meat may only be possessed, handled, and processed by retail food stores:
1. When approved by the Health Officer,
2. For hunters who bring their game meat to the retail store with head, hide and hooves/feet removed and receive the same game meat back after the completion of processing,
3. So contamination is avoided by separating raw game meat from all other foods, and
4. When all processing of game meat occurs at a separate time than processing of all other meat or meat products.
(Ord. 117001 § 1(part), 1993.)
10.10.126 Cheese.
The food-service establishment owner may sell or serve mold cultured cheeses. The sale or service of moldy cheese is prohibited unless the cheese is reconditioned by removing the mold in the following manner:
A. If the cheese has been held under refrigeration, a one-half inch (frax;1;2;") layer is removed and the moldy portions are discarded;
B. If the cheese has been held at ambient temperatures, a one inch (1") layer is removed and the moldy portions are discarded; and
C. The cutting is performed so that mold contamination of the new surfaces is minimized.
D. When cheese has high moisture such as brie, camembert, cream cheese, or cottage cheese, or where mold filaments have deeply penetrated the surface, the entire cheese shall be discarded.
(Ord. 117001 § 1(part), 1993.)
Subchapter XIII 10.10.131 Generally.
A. The food-service establishment owner shall label all food products offered for sale if enclosed in a package or container; except:
1. Food products produced on-site;
2. Non-potentially hazardous bakery products from approved sources; or
3. Single service portions or other packaged foods which are shipped to the food-service establishment enclosed within a properly labeled master carton.
B. The food service establishment owner shall label modified atmosphere-packaged foods in compliance with Subchapter XV of this chapter.
C. The food service establishment owner shall ensure labels include:
1. The common name of the food;
2. All ingredients, including food additives, in descending order of predominance;
3. The name, city, state, and zip code of the manufacturer; and
4. A packaging date code, when required by law or when the food is potentially hazardous.
D. The food-service establishment owner shall ensure information contained on labels is:
1. Accurate;
2. Easily readable; and
3. In the English language, except that duplicate labeling in foreign languages is allowed.
E. When labels, menus, or other printed or graphic materials are inaccurate or misleading and a report of illness or injury is associated with the food product, the Health Officer may:
1. Stop sale of the product until correctly labeled;
2. Require relabeling of the product; and
3. Issue public health advisories.
(Ord. 117001 § 1(part), 1993.)
10.10.132 Raw milk and raw milk products.
Whenever raw milk or raw milk cheese or similar raw milk products are offered for sale in a food-service establishment, the Health Officer shall:
A. Require conspicuous labeling of raw milk or products containing raw milk as "raw milk" or "contains raw milk";
B. Require conspicuous posting of signs near the product that state: "Warning: Raw milk or foods prepared from raw milk, such as unripened or fresh cheese, may be contaminated with dangerous bacteria capable of causing severe intestinal illnesses. Contact he Seattle-King County Department of Public Health for advice or to report a suspected illness";
C. Exempt properly fermented raw milk cheeses from the labeling requirements contained in this subsection, provided the cheeses are produced using a flash heating process and they meet the following cheese composition requirements:
1. Moisture content of forty percent (40%) or less,
2. Saline-in-moisture content of 3.75% or greater,
3. Water activity (Aw) of 0.96 or less, and
4. pH of 5.40 or less.
(Ord. 117001 § 1(part), 1993.)
10.10.133 Sulfiting agents.
The food-service establishment owner shall label packaged or bulk foods containing sulfiting agents at detectable levels as follows:
A. Accept accurate labels placed on packaged foods by the manufacturer;
B. Place a label on prepackaged foods stating, "This food contains a sulfiting agent";
C. Place a sign or label on the bulk food container or in a conspicuous place nearby stating, "The following food or foods contain a sulfiting agent, ________";
D. Except these foods may be sold without labeling:
1. Wine by the glass or carafe,
2. Salad bars, and
3. Delicatessens and similar take-out food facilities when food is prepared on-site.
(Ord. 117001 § 1(part), 1993.)
10.10.134 Bulk foods.
A. The food-service establishment owner shall provide prominent and conspicuous labels on bulk food display units with at least one of the following:
1. Manufacturer's or processor's container label plainly in view;
2. A card, sign, or other appropriate device stating the common name of the food; or
3. A list of ingredients and any food additives contained in the product.
B. The food-service establishment owner shall ensure accurate labels are present on bulk containers of chemicals and pet foods.
(Ord. 117001 § 1(part), 1993.)
10.10.135 Raw or undercooked meats, eggs, or aquatic foods.
When raw or undercooked meats, eggs, or aquatic foods are offered for immediate service or for sale as ready-to-eat, the Health Officer shall require these foods to be identified, as such:
A. On the menu;
B. On the label; or
C. On a sign clearly visible to the patrons.
(Ord. 117001 § 1(part), 1993.)
10.10.136 Alternative wording.
The Health Officer in his/her sole discretion may approve alternative wording on signs required in Sections 10.10.132 and 10.10.133 of this subchapter.
(Ord. 117001 § 1(part), 1993.)
10.10.137 Alcoholic beverages.
Whenever alcoholic beverages, as defined by RCW chapter 66.04, are served for consumption on the premises, signs and notices of the effects of alcohol consumption and cigarette smoking during pregnancy shall be posted. Such signs or notices shall meet the following requirements:
A. Shall read as follows:
DRINKING DISTILLED SPIRITS, BEER, WINE, COOLERS AND OTHER ALCOHOLIC BEVERAGES OR SMOKING CIGARETTES DURING PREGNANCY MAY CAUSE BIRTH DEFECTS; and
B. Shall be of the following size:
1. The statement shall be at least two inches (2") high if printed or included in a menu;
2. The sign shall be at least three inches (3") by three inches (3") per side if set forth on a single, double, or multi-sided placard or display tent on any table provided for the establishment's customers; or
3. The sign shall be not less than eight and one-half inches (8 1/2") by eleven inches (11") included on a sign that is posted at a bar or other point of sale that is clearly visible to the public.
(Ord. 117001 § 1(part), 1993.)
Subchapter XIV 10.10.141 Generally.
The food-service establishment owner shall:
A. Maintain the internal temperature of potentially hazardous food at forty-five degrees Fahrenheit (45° F) or below, or one-hundred forty degrees Fahrenheit (140° F) or above, at all times except as provided in this chapter;
B. Limit the time potentially hazardous foods remain out of proper temperature controls during active preparation to a total time of two (2) hours;
C. Store in-use serving utensils:
1. In the food product, only if the handle remains out of the food item,
2. In a running water dipper well,
3. In water above one hundred forty degrees Fahrenheit (140° F), or below forty-five decrees Fahrenheit (45° F),
4. For ice-making machines, either on a clean, dry surface or in an approved utensil holder, or
5. By other approved methods,
6. Except that in-use serving utensils for non-potentially hazardous foods may be stored on a clean surface;
D. Discard any leftover foods already served to a customer; except that packaged, non-potentially hazardous foods which are still packaged in a sound and sanitary condition, may be re-served. Properly dispensed, non-potentially hazardous foods such as those dispensed by using squeeze dispensers, covered containers with proper serving utensils, or shaker dispensers, may be re-served;
E. Ensure all fruits and vegetables which are not peeled and are served raw are thoroughly washed with potable water before serving;
F. Prepare potentially hazardous salads and sandwich spreads in amounts greater than two cups using cold ingredients prechilled to forty-five degrees Fahrenheit (45° F) or below;
G. Ensure potentially hazardous foods transported or stored in ice are prechilled to forty-five degrees Fahrenheit (45° F) or below.
CIVIL EMERGENCIES1
HEALTH CODE FEES
Gross Income Level of Health Care Services Recipient Fee Category Fee (Expressed as a percentage of Departmental fee as established in SMC 10.03.130 A or B) Equal to or less than 100% of the CSA Poverty Guidelines A No charge for clinic services. $2.50 will be charged for each Pharmaceutical supply From more than 100% through 150% of the CSA Poverty Guidelines B 25% of the full charge for clinic services and pharmaceutical supplies From more than 150% through 200% of the CSA Poverty Guidelines C 50% of the full charge for clinic services and pharmaceutical supplies From more than 200% through 250% of the CSA Poverty Guidelines D 75% of the full charge for clinic services and pharmaceutical supplies Over 250% of the CSA Poverty Guidelines E Full charge for clinic services and pharmaceutical supplies
Service Fee Sales of Drugs or At cost plus a 15% Supplies handling fee
Service Fee Sales of Drugs or At cost plus shipping Supplies charges plus a 15% handling fee
PUBLIC FALLOUT SHELTERS
EMERGENCY CONTROL OF DRAINAGE PROBLEMS, EARTH MOVEMENT, MUD FLOWS, WINDSTORM DAMAGE AND OTHER HAZARDS
GRAFFITI NUISANCE CODE
ALARM SYSTEMS
General Provisions
(Reserved)
Property and Panic Alarm Systems
CHRONIC NUISANCE PROPERTIES
FOOD CODE
Title
Purpose and Policy Declared
Definitions
(Reserved)
Food Supplies
Food Protection
Public Health Labeling
Food Preparation