Ordinance No. 2024-09 Source Control for Existing Development (Approved 052824)Page 1 of 15
ORDINANCE NO. 2024-09
AN ORDINANCE of the City of Bainbridge Island,
Washington, relating to adopting regulations on pollution
source control for existing development and revising
chapter 15.22 of Title 15 of the Bainbridge Island Municipal
Code (BIMC)
WHEREAS, the City of Bainbridge Island (the “City”) is regulated under the
National Pollutant Discharge Elimination System (“NPDES”) as implemented by
Washington State Department of Ecology’s Western Washington Phase II Municipal
Stormwater Permit (the “Permit”); and
WHEREAS, the Department of Ecology reissued the Permit, effective August 1,
2019 through July 31, 2024; and
WHEREAS, the updated Permit includes new requirements for permittees to
implement a Stormwater Source Control Program for Existing Development; and
WHEREAS, the City Council adopted the 2019 Stormwater Management
Manual along with related updated and amended provisions in the BIMC on June 14,
2022; and
WHEREAS, the City Council adopted chapter 15.22 to Title 15 of the BIMC on
October 22, 2008, and amended it on August 12, 2009; and
WHEREAS, the City Council desires to amend the BIMC to be consistent with
Department of Ecology guidelines as provided in the Permit; and
WHEREAS, the City Council received a briefing on the Stormwater Source
Control Program at the February 20, 2024, City Council Study Session; and
WHEREAS, the City’s Utility Advisory Committee received a briefing and
provided feedback at their regular meetings of January 18, 2024, and March 21, 2024.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Section 15.22.010 of the Bainbridge Island Municipal Code is hereby amended
to read as follows:
15.22.010 Purpose.
The purpose of this chapter is to regulate the city’s municipal separate storm sewer
system (“MS4” or “stormwater drainage system”) regarding the introduction of pollutants
that would adversely impact surface and ground water groundwater quality of the state of
Washington in order to comply with requirements of the city’s National Pollutant
Discharge Elimination System (“NPDES”) permit Permit. The intent of this chapter is to:
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A. Control the introduction of pollutants to the storm water stormwater drainage system
by any person and/or entity.
B. Prohibit illicit connections and discharges to the storm water stormwater drainage
system and receiving waters waters of the state.
C. Establish legal authority to carry out all inspection, surveillance and monitoring
procedures necessary to ensure compliance with this chapter.
Section 2. Section 15.22.020 of the Bainbridge Island Municipal Code is hereby amended
to read as follows:
15.22.020 Definitions.
A. “Best management practices” or “BMPs” means physical, structural, and/or
managerial practices that, when used singly or in combination, prevent and/or reduce
pollution of water. BMPs are listed and described in the Stormwater Management
Manual for Western Washington and the city of Bainbridge Island pollution control
manual.
B. “Clean Water Act” means the federal Water Pollution Control Act (33 USC 1251 et
seq.), and any subsequent amendments thereto.
C. “Hazardous materials” means any material, including any substance, waste, or
combination thereof, which because of its quantity, concentration, or physical, chemical,
or infectious characteristics may cause, or significantly contribute to, a substantial present
or potential hazard to human health, safety, property, or the environment when
improperly treated, stored, transported, disposed of, or otherwise managed, including but
not limited to dangerous waste, extremely hazardous waste, hazardous household
substances, hazardous substances, hazardous waste, and moderate-risk waste all as
defined in RCW 70.105.010 70.136 as now existing or hereafter amended.
D. “Illegal Illicit discharge” means any direct or indirect non-storm water non-stormwater
discharge to the storm water stormwater drainage system, except as permitted or
exempted in BIMC 15.22.050.
E. “Illicit connection” is defined as either of the following:
1. Any drain, conveyance, or hydraulic connection, whether surface or subsurface,
which allows an illegal illicit discharge to enter the storm water stormwater
drainage system including but not limited to any conveyances which allow sewage,
process wastewater, or wash water to enter the storm water stormwater drainage
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system and any connections to the storm water stormwater drainage system from
indoor drains and sinks, regardless of whether the connection had been previously
allowed, permitted, or approved by the city or other authorized public agency.
2. Any drain or conveyance connected from a residential, commercial or industrial
land use to the storm water stormwater drainage system which has not been
documented in plans, maps, or equivalent records and approved by the city.
F. “Municipal separate storm sewer system (MS4)” or “storm water stormwater drainage
system” means the system of conveyances including sidewalks, roads with drainage
systems, municipal streets, catchbasins, curbs, gutters, ditches, manmade channels, or
storm drains owned and operated by the city and design or used for collecting or
conveying storm water stormwater.
G. “National Pollutant Discharge Elimination System (NPDES) Phase II permit Permit”
means the “Western Washington Phase II municipal Municipal storm water Stormwater
permit Permit” issued by the Washington State Department of Ecology with an effective
date of February 16, 2007, and subsequent reissues.
H. “Non-storm water Non-stormwater discharge” means any discharge to the storm water
stormwater drainage system that is not composed entirely of storm water stormwater.
I. “Pollutant” or “pollution” shall be construed to mean such contamination or other
alteration of the physical, chemical, or biological properties of any of the waters of the
state, including change in temperature, taste, color, turbidity, or odor of the waters or
such discharge of any liquid, gaseous, solid, radioactive, or other substance into any
waters of the state as will or is likely to create a nuisance or render such waters harmful,
detrimental, or injurious to the public health, safety, or welfare, or to domestic,
commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to
livestock, wild animals, birds, fish, or other aquatic life; as defined in RCW 90.48.020 as
now existing or hereafter amended.
J. “Storm water Stormwater” means surface water runoff resulting from rainfall,
snowmelt, or other precipitation.
K. “Wastewater” or “process wastewater” means any liquid or water which, during
manufacturing or processing, comes into direct contact with or results from the
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production or use of any raw material, intermediate product, finished product, byproduct,
or waste product.
L. “Watercourse” and “river or stream” means any portion of a channel, bed, bank, or
bottom waterward of the ordinary high water line of waters of the state including areas in
which fish may spawn, reside, or through which they may pass, and tributary waters with
defined bed or banks, which influence the quality of fish habitat downstream. This
includes watercourses which flow on an intermittent basis or which fluctuate in level
during the year and applies to the entire bed of such watercourse whether or not the water
is at peak level. This definition does not include irrigation ditches, canals, storm water
stormwater runoff devices, or other entirely artificial watercourses, except where they
exist in a natural watercourse which has been altered by humans.
M. “Waters of the state” means all lakes, rivers, ponds, streams, inland waters,
underground waters, salt waters, and all other surface waters and watercourses within the
jurisdiction of the state of Washington as defined in Chapter 90.48 RCW.
Section 3. Section 15.22.030 of the Bainbridge Island Municipal Code is hereby amended
to read as follows:
15.22.030 Applicability.
This chapter shall apply to all water entering the storm water stormwater drainage system
and waters of the state within the city jurisdiction.
Section 4. Section 15.22.040 of the Bainbridge Island Municipal Code is hereby amended
to read as follows:
15.22.040 Administration.
The public works director or designee shall administer this chapter and shall be referred to
as the administrator. The administrator shall have the authority to develop and implement
procedures to administer and enforce this chapter.
Section 5. Section 15.22.050 of the Bainbridge Island Municipal Code is hereby amended
to read as follows:
15.22.050 General provisions.
A. Prohibition of Illegal Illicit Discharges.
1. No person shall discharge or cause to be discharged into the city’s storm water
stormwater system or waters of the state any materials, including, but not limited to,
pollutants or waters containing any pollutants.
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2. Prohibited discharges include, but are not limited to, the following:
a. Trash or debris;
b. Construction materials;
c. Petroleum products including, but not limited to, oil, gasoline, grease, fuel
oil, heating oil;
d. Antifreeze and other automotive products;
e. Metals in excess of naturally occurring amounts, in either particulate or
dissolved form;
f. Flammable or explosive materials;
g. Chemicals not normally found in uncontaminated water;
h. Acids, alkalis, or bases;
i. Painting products;
j. Degreasers and/or solvents;
k. Drain cleaners;
l. Commercial and household cleaning products;
m. Pesticides, herbicides, or fertilizers;
n. Steam cleaning wastes;
o. Pressure washing wastes;
p. Soaps, detergents, or ammonia;
q. Chlorinated spa or swimming pool water;
r. Domestic or sanitary sewage;
s. Animal carcasses;
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t. Food wastes;
u. Yard wastes;
v. Silt, sediment, or gravel;
w. Any hazardous material or waste;
x. Wastewater or process wastewater (including filtered or purified
wastewaters).
y. Non-stormwater discharges after emergency firefighting activities have
ceased, (e.g., discharges associated with cleanup).
3. The following discharges are allowed by this chapter if the discharges do not
contain pollutants. The administrator may evaluate and remove any of the
exemptions if it is determined that they are causing an adverse impact:
a. Diverted stream flows (i.e., channeled or piped streams);
b. Rising ground waters groundwaters and springs;
c. Flows from riparian habitats and wetlands;
d. Uncontaminated ground water groundwater infiltration (as defined
in 40 CFR 35.2005(20)) 35.2005(b)(20));
e. Uncontaminated pumped ground water groundwater;
f. Foundation and footing drains;
g. Air conditioning condensation;
h. Irrigation water from agricultural sources that is commingled with urban
storm water stormwater
i. Uncontaminated Water water from crawl space pumps;
j. Non-storm water Non-stormwater discharges authorized covered by another
NPDES permit Permit or State Waste Discharge Permit;
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k. Non-stormwater Discharges discharges from emergency fire fighting
firefighting activities in accordance with NPDES Phase II Permit S2
Authorized Discharges;
l. Discharges specified in writing by the administrator as being necessary to
protect public health and safety.
4. The following types of discharges shall only be permitted if the stated conditions
are met:
a. Discharges from potable water sources, including water line flushing, fire
hydrant system flushing, and pipeline hydrostatic test water; planned
discharges shall be dechlorinated to a concentration of 0.1 parts per million or
less, pH-adjusted if necessary, and volumetrically and velocity controlled to
prevent resuspension of sediments in the storm drainage system;
b. Discharges from lawn watering and other irrigation runoff; these shall be
minimized through water conservation efforts;
c. Discharges from Dechlorinated spa or swimming pool pools, spas, and hot
tubs. discharges; the discharges Discharges shall be dechlorinated to a
concentration of 0.1 parts per million or less,; pH-adjusted; and reoxygenized
reoxygenated, if necessary,; and, volumetrically and velocity controlled to
prevent resuspension of sediments in the storm drainage system. The
temperature of the discharge water shall not exceed 65 degrees Fahrenheit. Spa
or swimming pool cleaning wastewater and filter backwash shall not be
discharged to the storm drainage system;
d. Street and sidewalk wash water, water used to control dust, and routine
external building wash down that does not use detergents; the amount of street
wash, dust control, and building wash water shall be minimized through water
conservation efforts. At active construction sites, street Street sweeping must
be performed prior to washing the street;
e. Dye testing with verbal notification to the city public works director or
designee at least 24 hours prior to the time of the test;
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f. Discharges resulting from maintenance, repair, or operation of fire fighting
equipment and facilities that are not directly associated with public fire
fighting, including discharges from public fire fighting training exercises,
unless city-approved best management practices are implemented.
g. Discharges from commercial, industrial, and multi-story residential structure
washdown; If constructed or remodeled between the years of 1950-1980 (i.e.
those most likely to have PCB-containing building materials), the building(s)
shall be assessed for PCB-containing materials consistent with How to find
and address PCBs in building materials (Ecology, October 2022, Publication
No. 22-04-024) by the property or facility owner/operator prior to routine
building washdown. Structures confirmed or suspected to have PCB-
containing materials shall not discharge washdown to the storm drainage
system. Single-family residential buildings are exempt from PCB assessment.
Structures built or renovated between 1950-1980 and determined to be without
PCB-containing materials may conduct routine building washdown without
detergents as described above.
5. Discharge prohibitions shall not apply to any non-storm water non-stormwater
discharge permitted under an NPDES permit Permit, waiver, or waste discharge
order issued to the discharger and administered under the authority of the
Environmental Protection Agency or Washington State Department of Ecology;
provided, that the discharger is in full compliance with all requirements of the
permit Permit, waiver, or order and other applicable laws and regulations; and
provided, that written approval has been granted for any discharge to the storm
water stormwater drainage system.
B. Prohibition of Illicit Connections.
1. The construction, use, maintenance, or continued existence of illicit connections
to the storm drain stormwater drainage system or waters of the state is prohibited.
2. This prohibition expressly includes, without limitation, illicit connections made
in the past, regardless of whether the connection was permissible under law or
practices applicable or prevailing at the time of connection.
C. Waste Disposal. No person shall throw, deposit, leave, maintain, or keep in or upon
any public or private property, the storm water stormwater drainage system, or waters of
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the state any refuse, rubbish, garbage, litter, or other discarded or abandoned objects,
articles, or accumulations that may cause or contribute to pollution. Wastes deposited in
proper waste receptacles for the purposes of collection are exempt from this prohibition.
D. Source Control. All pollution generating sources associated with existing land uses
and activities, as defined in the NPDES Phase II Permit, must implement applicable
operational source control BMPs specified in the stormwater management manual as
adopted in BIMC 15.20 in order to prevent pollutants from potentially entering the city’s
MS4.
1. Should applicable operational source control BMPs fail to prevent illicit
discharges or allow violations of surface, groundwater, or sediment management
standards, applicable structural source control BMPs or applicable treatment
BMPs specified in the stormwater management manual as adopted in BIMC 15.20
shall be implemented.
2. In cases where manual(s) lack guidance for a specific source of pollutants, the
administrator shall work with the owner/operator to implement or adapt BMPs
based on the best professional judgement of the city.
Section 6. Section 15.22.060 of the Bainbridge Island Municipal Code is hereby amended
to read as follows:
15.22.060 General requirements.
A. Requirement to Eliminate Illegal Discharges. The administrator may require by
written notice that a property owner or person responsible for an illegal discharge
immediately, or by a specified date, discontinue the discharge, clean up the polluting
matter and, if necessary, take measures to eliminate the source of the discharge to prevent
the reoccurrence of discharges. The administrator may charge all associated costs thereof
to the property owner or responsible party.
A. Requirement to Eliminate Illicit Discharges. Notwithstanding other requirements of
law, as soon as any person responsible for a facility or operation has information of any
known or suspected illicit discharges into the stormwater drainage system or waters of
the state, said person shall take all necessary steps to ensure the discovery, containment,
and cleanup of such release.
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B. Requirement to Eliminate Illicit Connections. The administrator may require by
written notice that a property owner or person responsible for an illicit connection to the
storm water stormwater drainage system eliminate the connection by a specified date,
regardless of whether or not the connection had been established or approved previously.
B. The city may require by written notice that a property owner or person responsible for
an illicit discharge immediately, or by a specified date, discontinue the discharge, clean
up the polluting matter. If necessary, the city may take measures to eliminate the source
of the discharge to prevent reoccurrence of discharges and may charge all associated
costs thereof to the property owner or responsible party.
C. Requirement to Eliminate Illicit Connections. The city may require by written notice
that a property owner or person responsible for an illicit connection to the stormwater
drainage system eliminate the connection by a specified date, regardless of whether or not
the connection had been established or approved previously.
D. Requirement to Establish a Site Inventory. The administrator shall establish a site
inventory that identifies publicly and privately owned institutional, commercial and
industrial sites which have the potential to generate pollutants that reach the MS4. In
cases where the NPDES Phase II Permit lacks guidance for a specific source of
pollutants, the administrator shall work with the owner/operator to determine whether or
not the site shall be included in the inventory based on the best professional judgement of
the city. The site inventory shall generally include:
1. Businesses and/or sites identified based on the presence of activities that are
pollutant generating. Appendix 8 of the 2019-2024 NPDES Phase II Permit
(or equivalent reference in subsequent reissues) should be used to identify
potential pollutant generating business types.
2. Any pollutant generating sources based on complaint response(s).
Requirement to Implement Best Management Practices. The owner or operator of a
commercial or industrial establishment and property owners shall provide, at their own
expense, reasonable protection from accidental discharge of prohibited materials or other
wastes into the storm water stormwater drainage system or waters of the state through the
use of structural and nonstructural BMPs (as defined in BIMC 15.20.020). The
administrator may require any person responsible for a property or premises, which is, or
may be, the source of an illicit discharge, to implement, at their own expense, additional
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structural and nonstructural BMPs to prevent the further discharge of pollutants to the
storm water drainage system.
E. Requirement to Implement Best Management Practices. The owner or operator of a
new or existing commercial or industrial establishment and property owners shall
provide, at their own expense, reasonable protection from accidental discharge of
prohibited materials or other wastes into the stormwater drainage system or waters of the
state through the use of operational and structural BMPs (specified in the stormwater
management manual as adopted in BIMC 15.20). The city may require any person
responsible for a property or premises, which is, or may be, the source of an illicit
discharge, to implement, at their own expense, additional operational and structural
BMPs (as specified in the stormwater management manual as adopted in BIMC 15.20) to
prevent the further discharge of pollutants to the stormwater drainage system or waters of
the state.
Watercourse Protection. Any person owning property through which a watercourse
passes shall keep and maintain that part of the watercourse within the property free of
trash, debris, and other items that would pollute or contaminate the flow of water through
the watercourse.
F. Watercourse Protection. Any person owning property through which a watercourse
passes shall keep and maintain that part of the watercourse within the property free of
trash, debris, and other items that would pollute or contaminate the flow of water through
the watercourse.
Notification of Illegal Discharges.
1. Notwithstanding other requirements of law, as soon as any person responsible for
a facility or operation has information of any known or suspected illegal discharges
into the storm water stormwater drainage system or waters of the state, said person
shall take all necessary steps to ensure the discovery, containment, and cleanup of
such release.
2. In the event of an illegal discharge of hazardous materials into the storm water
stormwater drainage system or waters of the state, said person shall immediately
notify emergency dispatch services (911) and the public works department (206-
842-2016).
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3. In the event of an illegal discharge of nonhazardous materials into the storm
water stormwater drainage system or waters of the state, said person shall notify the
public works department by phone (206-842-2016), by facsimile (206-780-3710),
or in person within 48 hours after said discharge.
4. If the discharge of prohibited materials emanates from a commercial or industrial
establishment, the owner or operator of such establishment shall also retain an on-
site written record of the discharge and the actions taken to prevent its recurrence.
Such records shall be kept and maintained on a permanent basis from the effective
date of the ordinance codified in this chapter. (Ord. 2008-14 § 1, 2008)
G. Notification of Illicit Discharges.
1. In the event of an illicit discharge of hazardous materials into the stormwater
drainage system or waters of the state, said person shall immediately notify
emergency dispatch services (911) and the city’s public works department.
2. In the event of an illicit discharge of nonhazardous materials into the stormwater
drainage system or waters of the state, said person shall notify the city’s public
works department within 48 hours after said discharge.
3. In the event of an illicit connection, said person shall notify the city’s public
works department within 48 hours of becoming aware of the illicit connection.
Section 7. Section 15.22.070 of the Bainbridge Island Municipal Code is hereby amended
to read as follows:
15.22.070 Inspections and investigations.
A. Facility and Property Inspections. The administrator shall be permitted to enter and
inspect properties and facilities subject to regulation under this chapter as often as may be
necessary to determine compliance with this chapter. If a property owner has security
measures in force which require proper identification and clearance before entry into its
premises, the property or facility owner/operator shall make the necessary arrangements
to allow access to the administrator.
B. Facility and Property Access.
1. Facility operators Property or facility owner(s)/operator(s) shall allow the
administrator ready access to all parts of the premises for the purposes of inspection,
sampling, examination, and copying of records that must be kept under the conditions
of an NPDES permit Permit to discharge storm water stormwater, and the
performance of any additional duties as defined by state and/or federal law.
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2. Any temporary or permanent obstruction to safe and easy access to the property
and facility to be inspected and/or sampled shall be promptly removed by the
property owner facility or property owner(s)/operator(s) at the written or oral request
of the administrator and shall not be replaced. The costs of clearing such access shall
be borne by the property owner. The costs of removing obstructions and creating safe
and easy access shall be borne by the property owner(s).
C. Monitoring and Sampling.
1. The administrator has the right to install or require the property owner property or
facility owner(s)/operator(s) to install monitoring equipment as is reasonably
necessary in the opinion of the administrator to conduct appropriate monitoring
and/or sampling of the facility’s storm water stormwater discharge. The facility’s
sampling and monitoring equipment shall be maintained at all times in a safe and
proper operating condition by the property owner at his/her own expense. All devices
used to measure storm water stormwater flow and quality shall be calibrated to
ensure their accuracy.
2. All data shall be collected in accordance with a sampling and analysis plan that is
approved by the administrator.
Section 8. Section 15.22.080 of the Bainbridge Island Municipal Code is hereby amended
to read as follows:
15.22.080 Enforcement.
A. Failure to Comply. It is unlawful for any person to violate any provision or fail to
comply with any of the requirements of this chapter.
B. Emergency Access and Reparation. In the event the violation constitutes an immediate
danger to public health or safety, the administrator is authorized to enter upon the subject
private property, without giving prior notice, to take any and all measures necessary to
abate the violation and/or restore the property. Any expense related to such remediation
undertaken by the city shall be fully reimbursed by the property owner and/or responsible
party. Any relief obtained under this section shall not prevent the city from seeking
further relief or applying other penalties as provided in this chapter.
C. Civil Infraction. Except as provided in subsection D of this section, conduct made
unlawful by this chapter shall constitute a civil infraction and is subject to enforcement
and fines as provided in BIMC 1.26.035. A civil infraction under this section shall be
processed in the manner set forth in Chapter 1.26 BIMC.
D. Misdemeanor. Any person who again violates this chapter within 12 months after
having been found by the Bainbridge Island municipal court to be in violation of this
chapter, commits a misdemeanor and any person who is convicted thereof shall be
punished as provided in BIMC 1.24.010.A.
E. Civil Penalty. In addition to any civil infraction fine, criminal penalty, and/or other
available sanction or remedial procedure, any person engaging in conduct made unlawful
by this chapter shall be subject to a cumulative civil penalty in the amount of $1,000 per
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day for each violation from the date set for compliance until the date of compliance. Any
such civil penalty shall be collected in accordance with BIMC 1.26.090.
F. Additional Remedies.
1. In addition to any other remedy provided by this chapter or under the Bainbridge
Island Municipal Code, the city may initiate injunction or abatement proceedings or
any other appropriate action in courts against any person who violates or fails to
comply with any provision of this chapter to prevent, enjoin, abate, and/or terminate
violations of this chapter and/or to restore a condition which existed prior to the
violation. In any such proceeding, the person violating and/or failing to comply with
any provisions of this chapter shall be liable for the costs and reasonable attorneys’
fees incurred by the city in bringing, maintaining and/or prosecuting such action.
2. The administrator may provide the option for compensation of all or part of any
penalties incurred by any person(s) to be made in the form of community service
approved by the administrator that will be of benefit to the environment and the city.
The person(s) and administrator will enter into a formal, written agreement providing
for the community service. This agreement shall include in detail description of the
service(s) to be rendered by the person(s) in penalty for noncompliance of this
chapter. The description shall include a completion date with a mutually agreed
compensation structure to offset the above mentioned penalties.
3. Any person who violates any provision of this chapter may also be in violation of
the Federal Clean Water Act, NPDES Phase II permit Permit, and/or Chapter 90.48
RCW and may be subject to sanctions including civil and criminal penalties. Any
enforcement action authorized under this chapter shall also include written notice to
the violator of such potential liability.
Section 9. If any one or more section, subsections, or sentences of this ordinance are held to be
unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of
this ordinance and the same shall remain in full force and effect.
Section 10. This ordinance shall take effect on and be in force five (5) days from and after its
passage, approval, and publication as required by law.
PASSED by the City Council this 28th day of May, 2024.
APPROVED by the Mayor this this 28th day of May, 2024.
Joe Deets, Mayor
ATTEST/AUTHENTICATE:
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Christine Brown, MMC, City Clerk
FILED WITH THE CITY CLERK: May 24, 2024
PASSED BY THE CITY COUNCIL: May 28, 2024
PUBLISHED: May 31, 2024
EFFECTIVE DATE: June 5, 2024
ORDINANCE NUMBER: 2024-09