953 Occupational PermitCITY OF YELM
ORDINANCE NO. 953
An ORDINANCE of the City of Yelm, Washington amending Business
Licenses and Regulations, Chapter 5.02; repealing Ordinance 97 (1961)
Peddlers Chapter 5.16; and adding Occupational Permit Chapter 5.03 to
the Yelm Municipal Code to enact regulations governing the operation of
certain occupations.
WHEREAS, this Chapter is intended to enact reasonable regulations governing the operation of
certain occupations which, by their nature, present a heightened risk to the public safety
WHEREAS, and those occupations are identified as driver for hire, locksmith and solicitor and;
WHEREAS, the model defines rules and regulations for operations, and clarifies the
consequence of violations, and
WHEREAS, the model standardizes the approval process for participating regional cities, and
WHEREAS, the permits issued in any one of the 4 regional cities allow those applicants to
operate in any one of the 4 cities if the application process is substantially the same, and
WHEREAS, this model ordinance contains general and administrative provision that must also
be adopted,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YELM, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
Section 1. Chapter 5.02 Yelm Municipal Code is amended as follows:
5.02.010 Definitions
B. "Canvasser," "peddler," or "solicitor" is defined as Solicitor.
safes-e~-r~e~
I. "For-hire vehicle" includes all vehicles used for the transportation of passengers for
compensation, except a~ ~+~^~~ h ~ ~' chartered and scheduled buses vehicles
not for hire by the general public such as vans operated by hotels employers churches
schools and retirement facilities and ride share vehicles. The term primarily includes
taxicabs and limousines.
"Limousine" means a
Page 1 of 17
h„~;,,°~~ °ffir° of 4h° °.,°.~+~°., a chauffeur-driven, unmetered, unmarked luxury motor
vehicle pre-arranged for transportation meeting the definition in RCW 46.04.274 .
Limousines differ from "taxis" in that then are for the exclusive use of the person(s) paying
the pre-arranged fare, are unmetered, unmarked, and are not available for spontaneous
hire.
K. "Occupational Permit" r3ec~++S°° "R~-~;,;~~." requirement for certain
occupations, that by their nature, present a heightened public safety risk, including: for-hire
vehicle driver, locksmith, or solicitor.
M. "Peddler". See ~:a~a-s-ser "Solicitor„
Q. "Solicitor." within the meaning of this chapter, is anv person who, either as a
principal or agent, goes from door to door, or from place to place and enters upon anv
private property within the City and thereon engages in any of the following activities:
1. Sells, takes orders for, or offers to sell or fake orders for, any goods, wares or
merchandise whether or not collecting in advance for such goods, wares or
merchandise; and/or
2. Sells, takes orders for, or offers to sell or take orders for services, whether or
not collecting in advance for the performance of such services, and/or
3. Se//s, takes orders for or offers to sell or take orders for the making
manufacturing, or repairing of anv article or thing whatsoever, whether or not
collecting in advance for the performance of such services; and/or
4. Seeks contribution or donations.
S. "Home Occupation" means any activity conducted for financial gain or profit in a
dwelling unit, and which activity is not generally or customarily characteristic of activities
for which dwelling units are intended or designed such activity is clearly incidental or
secondary to the residential use of a dwelling unit and is conducted only by persons
residing in the dwelling unit; provided, however, that neither the conduct of a "garage
sale" nor the operation of a "family day-care home" as defined in Chapter 17.65 YMC is
defined as a home occupation. (Ord. 561 § 3, 1995; Ord. 555 § 14, 1995).
Page 2 of 17
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5.02.030 Occupational Permit
Enacted to regulate the practice of certain occupations that, by their nature, present a heightened
public safety risk to the public.
A. For Hire Vehicle Driver/Operator - No person shall drive afor-hire vehicle, including a
limousine, within the city without first obtaining a permit from the city. Owners, sole proprietors will
also be required to obtain a City of Yelm business license. Employees hired as drivers must obtain
the permit.
B. Locksmith - It is unlawful for any person, to act as a locksmith in the City without first
obtaining an occupation permit pursuant to the provision of this chapter. (05.03.010)
C. Solicitor -It is unlawful for any person to act as a solicitor, within the meaning and
application of this chapter, without first obtaining an accupational permit in the manner provided by
this chapter.
5.02.035 Home Occupation Permit
No person shall operate a business in their home within the city without first obtaining a permit
from the city. (further defined in Chapter 17 Zoning)
5.02.040 Application and renewal.
Application for a business license shall be made with the City of Yelm giving such
information as is deemed reasonably necessary to enable the enforcement of this
chapter. (Ord. 820 § 3, 2004).
Application for an occupational permit shall be made with the Citv of Yelm aivina such
information as is deemed necessary to enable the enforcement of this chapter
Page 3 of 17
Application for home occupation permit shall be made with the City of Yelm giving such
information as is deemed reasonably necessary to enable the enforcement of this
chapter.
5.02.060 Fee.
C. Occupational permit fee ~ $70.00 (permit 25.00 background check fee 35 00 and
fingerprinting 10.00 fee paid to the City). Applicants must submit drivers abstract at their expense
D. Home occupation permit fee is a one time fee of $50 00 in addition to business license
fee.
05.02.70 Exceptions -Applicability of provisions
C. The Occupational permit fee for afor-hire or limousine license, shall be waived upon
showing that the applicant has procured an Occupational permit for the time frame in question,
with full fee paid, and background check made, from one of the cities listed in YMC 5.03.070 . ~#e
. (Ord. 820 § 3, 2004).
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Section 2. Chapter 5.16 Yelm Municipal Code is repealed and replaced in Chapter 5.03.
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Section 3. Add Chapter 5.03 to Yelm Municipal Code regarding Occupation Permits
Chapter 5.03
OCCUPATIONAL PERMITS -For Hire Driver, Locksmith Solicitor
Sections:
5.03.010 Occupational Permit-Required.
5.03.020 Definitions.
5.03.030 General Requirements Application Procedures.
5.03.040 General Occupational Permit Review of Applicants.
5.03.045 General Occupational Permit -Background Checks.
5.03.050 General Issuance, Fees and Term of Occupational Permit.
5.03.060 General Occupational Permit -Revocation, Suspension, or Denial.
5.03.070 Reciprocity
5.03.100 For-Hire Driver's Occupational Permit - Additional Requirements.
5.03.110 For-Hire Driver's Occupational Permit -Other Violations.
5.03.120 - For-Hire Vehicle Rates to be Filed and Posted
5.03.130 - For-Hire Vehicle Passenger Complaints
5.03.200 Solicitor Occupational Permit -Additional Requirements.
5.03.210 Occupational Permit to be carried.
5.03.220 Exemptions
5.03.300 Violations-Misdemeanor-Gross-Misdemeanor-Civillnfraction.
05.03.010-Occupational-Permi f-Required
This ordinance is enacted to regulate the practice of certain occupations that, by their nature,
present a heightened public safety risk to the public.
Page 7 of 17
A. For-Hire Vehicle Driver/Operator - It is unlawful for any person to drive afor-hire
vehicle and pick up any passenger within the City without first obtaining an occupational
permit therefore in the manner provided by this chapter.
B. Locksmith - It is unlawful for any person, to act as a locksmith in the City without
first obtaining an occupational permit pursuant to the provisions of this chapter.
C. Solicitor - It is unlawful for any person to act as a solicitor, within the meaning and
application of this chapter, without first obtaining an occupational permit in the manner
provided by this chapter.
05.03.020-Definitions
For purposes of this chapter, the terms set forth below shall have the following meanings:
A. "Chief of Police" means the City of Yelm Chief of Police.
B. "City" means the City of Yelm.
C. "Department" or "Police Department" means the Yelm Police Department.
D. "Driver" or "Operator" means the person physically engaged in driving afor-hire
vehicle, whether or not said person is the owner of or has any financial interest in said
vehicle.
E. "For-hire vehicle" includes all vehicles used for the transportation of passengers for
compensation, except chartered and scheduled buses, vehicles not for hire by the
general public (such as vans operated by hotels, employers, churches, schools and
retirement facilities) and ride share vehicles. The term refers primarily to taxicabs and
limousines.
F. "Limousine" means achauffeur-driven, unmetered, unmarked luxury motor vehicle
pre-arranged for transportation meeting the definition in RCW 46.04.274. Limousines
differ from "taxis" in that they are for the exclusive use of the person(s) paying the pre-
arranged fare, are unmetered, unmarked, and are not available for spontaneous hire.
G. "Locksmith" means any person who, for hire, is engaged in the installation, removal,
adjustment or repair of any locking or security device of any type used for doors, safes,
windows or other similar purpose, and performs such service on a customer's premises.
H. "New application" means an application submitted by a person who did not possess
a permit for the same occupation issued by the City in the immediate prior year.
I. "Person" means any natural person of either sex, firms, corporations, partnerships
and associations either acting by themselves or by servant, agent or employee. The
singular shall include the plural and the masculine pronoun shall include the feminine
and neuter.
Page 8 of 17
J. "Renewal application" means an application submitted by a person who possessed
a permit for the same occupation issued by the City in the immediate prior year.
K. "Solicitor" within the meaning of this chapter, is any person who, either as a principal
or agent, goes from door to door, or from place to place and enters upon any private
property within the City and thereon engages in any of the following activities:
1. Sells, takes orders for, or offers to sell or take orders for, any goods, wares or
merchandise whether or not collecting in advance for such goods, wares or
merchandise; and/or
2. Sells, takes orders for, or offers to sell or take orders for services, whether or not
collecting in advance for the performance of such services; and/or
3. Sells, takes orders for, or offers to sell or take orders for the making,
manufacturing, or repairing of any article or thing whatsoever, whether or not
collecting in advance for the performance of such services; and/or
4. Seeks contributions or donations.
L. "Taxicab," "Taxi" or "Cab" means a vehicle used for the transportation of
passengers for-hire, where the route traveled, destination and number of passengers is
controlled by the customer(s) and the fare is based on an amount recorded and
indicated on a taximeter, or on a special fare rate or contracted agreement.
M. "Taximeter" means any instrument or device by which the charge for hire of a
passenger carrying vehicle is measured or calculated either for the distance traveled by
such vehicle or for waiting time, or for both, and upon which such calculated charges are
indicated by means of figures.
05.03.030-General-Requirements-Application Procedure
The following are the basic general requirements for all occupational permits required
under this chapter. The individual permits may have additional requirements.
A. Applications for an occupational permit shall be made to the City Police Department
on forms provided by the City. The applicant shall attest to the truthfulness of the
application, and shall complete the application in full, as directed.
B. The required application information includes, but is not limited to, the following:
1. The full legal name of the person applying for the occupational permit
2. Any other name(s) or alias(es) used by the applicant;
3. The applicant's current legal residence address (no post office box);
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4. The applicant's current mailing address, if different from the legal residence
address (post office box is acceptable)
5. The applicant's prior legal residences for the past five (5) years (no post office
box);
6. The applicant's employment history for the past five (5) years;
7. The applicant's business information (the licensed business for which the
applicant will be engaging in the permitted occupation);
8. The applicant's social security number,
9. The applicant's place and date of birth;
10. The applicant's physical description;
11. Signature of applicant.
C. Applicants must, at the time of application, submit the following documents and
materials:
1. A completed and signed application form;
2. A copy of a valid driver's license or other government-issued photo
identification.
3. If not a U.S. citizen, proof of authority to legally work in the U.S.
4. Payment in full of all permit fees.
5. For renewal applications, a copy of the occupational permit issued for the prior
year.
6. Other application documents as required in this chapter.
D. By affixing his/her signature to the permit application form, each applicant shall
swear, under penalty of perjury, that the information contained in the application is true,
complete and correct to the best of the applicant's knowledge, and shall grant
permission for the Police Department to use reasonable means to verify the information
contained in the application.
05.03.040 -General Occupational Permit -Review of Applicants
A. The Chief of Police (or designee) shall cause all applications for permits to be
reviewed. The purpose of this review shall be as follows:
1. To determine the genuineness of all credentials and documents presented by
the applicant; and
Page 10 of 17
2. To determine if the applicant meets the fitness requirements set forth in this
section and, if applicable, the requirements set forth in 5.03.100 (For hire Driver)
B. The Police Department shall endeavor to complete its review within ten (10) working
days after receipt of completed applications.
C. The presence of any outstanding warrant for the applicant, regardless of jurisdiction
or severity of offense is cause for denial of an occupational permit under this section.
D. Prior conviction of a felony may be considered, along with other factors, in the
determining whether an occupational permit should be issued. However, conviction of a
felony shall not be the sole reason for denying a permit unless such conviction was
within the past ten (10) years and directly relates to the specific occupation, trade,
vocation, or business for which the application is made.
E. Prior revocation of an occupational permit may be cause for denial of an occupational
permit under this chapter.
05.03.045 -General Occupational Permit -Background Checks
A. All applicants for a permit under this chapter must consent to be fingerprinted for a
criminal background check. Pursuant to Chapter 35.21.920 RCW, the Chief of Police (or
designee) shall cause to have performed a state and nationwide background check of
each applicant at the time of initial application and every third year thereafter, provided
the applicant maintains his/her occupational permit continuously during that time.
B. The applicant shall be fingerprinted by the Police Department, which will forward the
fingerprints to the Washington State Patrol (WSP) for processing. WSP will conduct a
State background check and forward the fingerprints to the Federal Bureau of
Investigation (FBI) for a nationwide background check.
C. The application fees for permits shall include the current charges for both State and
national background checks and a charge for fingerprinting service. Background check
and fingerprinting fees are non-refundable.
D. Upon receipt of the fingerprints and the appropriate fees from the Police Department,
the WSP, pursuant to Chapter 35.21.920 RCW, will compare the applicant's fingerprints
against its criminal database and submit the fingerprints to the FBI for a comparison with
nationwide records. WSP will deliver the results of the State and national background
checks to the Chief of Police (or designee) for use in determining the fitness of permit
applicants, as specified in this chapter.
E. In those permit years in which State and nationwide background checks are not
required, applicants shall certify as part of their renewal applications, under penalty of
perjury, that they have no conditions or offenses which would disqualify or potentially
disqualify them from holding a permit under this section.
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F. The City reserves the right to cause to have conducted, at its own expense, at will,
random spot checks of the backgrounds of permit holders at any time. Applicants are
required to consent to such State and nationwide background checks, including the
initial and any subsequent at will, random spot checks, as a condition of their application.
G. Applicants may request and receive a copy of the criminal history record information
used by the City to determine fitness for a permit under this section, provided such
request is made at the time of application. Criminal history record information that is
used by the City to determine fitness for permits is not retained after the decision has
been made to issue or deny a permit.
H. The City shall not be responsible for correcting errors or otherwise amending criminal
history record data it obtains from the Washington State Patrol or the Federal Bureau of
Investigation for the purpose of making permit fitness decisions. Applicants who seek to
amend or correct a criminal history record must contact the Washington State Patrol for
a Washington State record or the Federal Bureau of Investigation for records from other
jurisdictions maintained in its file.
05.03.050 -General Issuance. Fee and Term of Occupational Permit
A. The City shall issue an occupational permit to the applicant on confirmation that all
fitness requirements have been satisfied and the required fees paid.
B. Occupational permits issued under this chapter are valid for the calendar year of
issue only and may be renewed in consecutive one-year increments.
C. The City Council shall set the fee for occupational permits under this chapter. The
fee shall be based on the cost of administering the permit process; the cost of obtaining
criminal history and other background data; and the cost of providing fingerprinting
service.
D. If an applicant does not qualify for an occupational permit, the City shall promptly
notify the applicant of the denial and refund the pre-paid permit fee. Background check
and fingerprinting fees are not refundable.
E. Occupational permit cards shall include a color photo provided by the applicant of the
size specified by the City and a location for renewal stickers. New permit cards shall be
issued to renewal applicants every three (3) years.
F. Occupational permits are non-transferable.
G. Fees are for the calendar year of issue and are not prorated.
H. Permit holders may renew permits for the following year any time after October 1St of
each year.
I. All occupational permits issued or renewed under this chapter prior to October 1St
expire at midnight on December 31St of the calendar year of issue. Permits issued or
renewed after October 1St are valid from the date of issue through December 31S` of the
following calendar year.
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J. Renewal is the responsibility of the holder of a permit.
K. A new application is required if renewal of a current permit is not completed within the
following calendar year.
L. A new application is required if an applicant's prior year permit was suspended or
revoked.
05.03.060 -General Occupational Permit -Revocation Suspension or Denial
A. An occupational permit issued hereunder may be revoked, suspended or denied by
the Chief of Police for any of the following reasons:
1. Failure to meet or maintain any of the requirements or qualifications set forth in
this chapter for obtaining an occupational permit.
2. Falsification of any record, document or information required to be kept or
submitted to the City by this chapter.
3. Repeated or aggravated violations of YMC Section 5.03.110 (Violations),
5.03.130 (Passenger complaints) or 5.03.210 (Requirement to carry permit).
4. Violation of YMC Section 5.03.120 (Filing and posting rates).
B. Prior to any revocation, suspension or denial of an occupational permit, the City shall
inform the applicant of his right to a hearing thereon. Such hearing, if requested, shall be
conducted before the City prior to the implementation of any revocation, suspension or
denial.
05.03.070 -Reciprocity
The City of Yelm honors for-hire driver, locksmith and solicitor permits issued by the cities of
Olympia, Lacey and Tumwater as long as their ordinances regarding occupational permits
remain substantially the same as Yelm's. A person holding a valid occupational permit from any
of the four jurisdictions is authorized to conduct the permitted business within the City in exactly
the same manner and subject to the same rules and regulations as a person holding a permit
from the City itself.
05.03.100 -For-Hire Driver Occupational Permit -Additional Requirements
All applicants must meet the following further requirements:
A. Have no physical or mental infirmity which jeopardizes the ability to operate afor-hire
vehicle;
B. Be at least twenty-one (21) years of age;
C. Have a valid Washington driver's license that permits operation of a for-hire vehicle
and be continuously licensed as a driver by the State of Washington and/or another
Page 13 of 17
state for at least the two (2) years immediately prior to the date of application for a
occupational permit;
D. Not have been convicted of operating a motor vehicle while under the influence of
intoxicating liquor or drugs or of being in actual physical control of a motor vehicle
while under the influence of intoxicating liquor or drugs, or of reckless driving or
negligent driving, or of vehicular homicide or vehicular assault, within five (5) years
preceding the date of application for a occupational permit;
E. Not have been convicted of three or more moving violations during any twelve (12)
month period during the five (5) years preceding the date of the application for an
occupational permit.
F. Not be a person who is required to register as a sex offender in any state.
05.03.110 -For-Hire Driver's Occupational Permit -Other Violations
In addition to the other provisions of this chapter, it is a violation for anyone holding afor-hire
occupational permit to:
A. Permit any person to alight from a for-hire vehicle while it is in motion;
B. Operate or be in physical control of any vehicle while under the influence of
intoxicating liquors or drugs;
C. Allow passenger consumption of illegal drugs in any for-hire vehicle, or allow
consumption of intoxicating alcohol in any for-hire vehicle, except a limousine (RCW
46.61.519)
D. Willfully carry any passenger to a destination by a route that is not the most direct
route, unless a customer specifically authorizes a deviation or alternate route;
E. Pick up additional passengers in a for-hire vehicle without the express consent of the
original passenger;
F. Activate a taximeter when afor-hire vehicle is not employed or activate any
equipment which indicates that the for-hire vehicle is carrying a passenger when it is not.
05.03.120 -For-Hire Vehicle Rates to be Filed and Posted
Upon receipt of a vehicle for-hire license, the licensee shall immediately file with the City a
schedule of for-hire vehicle rates charged to the public. This schedule shall include rates for the
following:
A. Minimum charge;
B. Rate per mile or fraction thereof above the minimum;
C. Charges for each additional passenger above one;
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D. Charge for vehicle waiting time;
E. Additional charge for baggage or suitcases;
F. Any separate rate for service between the hours of midnight to six a.m.
The rate schedule shall be on file with the City for inspection by the public during normal city
business hours. In addition, each for-hire permittee hereunder, except limousine operators,
shall conspicuously display in the interior of the vehicle the rates of fare as required to be filed
above. This posting must be located in the passenger compartment in a typewritten notice so
as to be easily read by a passenger.
When the permitee changes rates, in total or in part, the permitee shall file a schedule of new
rates with the City at least ten days before said new rates become effective. Likewise, the new
rates shall be posted within the interior of the vehicle prior to the effective date of the new rates.
The permitee shall charge only those rates set forth in the schedule of rates required under this
section.
05.03.130 -For-Hire Vehicle Passenger Complaints
Upon receipt of a passenger complaint, the City shall evaluate the same and, if deemed
appropriate, send written notice to the licensee, either personally, or by mail with a certificate of
mailing attached. The notice shall specify the vehicle license number, the nature of the
complaint received and the date upon which the complaint was conveyed. If the complaint
alleges a vehicle defect, the notice will require that the permitee or his agent present the vehicle
for inspection to the Chief of Police (or designee) within five days of receipt of the notice or be
subject to permit revocation proceedings under this chapter.
05.03.200 -Solicitor Occupational Permit -Additional Requirements
In addition to the information required in YMC 5.03.030, the following application information is
required:
A. The nature of the goods, wares, merchandise, repair, manufacturing or services to be
offered by the solicitor, or the purpose for which contributions or donations will be
sought.
B. A description of any vehicle(s) used in the conduct of solicitation.
C. The applicant for such permit, if any scales, weights or measures are used in selling
of goods, wares, merchandise or services, shall present and file with the application a
certificate from the State Department of Weights and Measures showing that all scales,
weights or measures to be used by the applicant in the licensed activity have been
tested and found accurate and correct immediately prior to the filing of the application.
05.03.210 -Occupational Permit fo be carried
Such occupational permit shall be exhibited at all times in plain view by each solicitor for whom
issued, when soliciting or canvassing in the City, and shall be provided for examination by any
Page 15 of 17
such solicitor wherever he or she shall be requested to do so by any police officer or any person
solicited.
05.03.220 -Exemptions
A. The following persons are exempt from obtaining a solicitor's permit:
1. Persons engaged in solicitor activities who contact customers via
appointments set in advance at the request of the customer;
2. Persons engaged in fund-raising for bona fide school, church, political or non-
profit activities, where no compensation is provided to the persons doing the
solicitation;
3. Youth under the age of 18 seeking lawn, child care or other occasional part-
time work.
4. Persons and/or entities registered pursuant to Chapter 19.09 RCW as
charitable organizations, independent fund raisers, or nonprofit fund raisers;
provided, that such persons or entities, in order to qualify for this exemption,
must have on file with the City Clerk a current copy of their state registration
under Chapter 19.09 RCW, or be soliciting or canvassing for or on behalf of an
organization that is so registered;
05.03.300 - Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction
A. Any person, firm, or corporation who knowingly violates or fails to comply with any
term or provision of this chapter shall be deemed to have committed a misdemeanor,
and if found guilty, shall be subject to a fine not to exceed One Thousand Dollars
($1,000), and/or to imprisonment not to exceed ninety (90) days or to both such fine and
imprisonment. Each day shall be a separate offense. In the event of a continuing
violation or failure to comply, the second and subsequent days shall constitute a gross
misdemeanor punishable by a fine not to exceed Five Thousand Dollars ($5,000) and/or
imprisonment not to exceed three hundred and sixty-five (365) days or both such time
and imprisonment. Continuing violation shall mean the same type of violation which is
committed within a year of the initial violation.
B. As an additional concurrent penalty, it shall be a civil infraction for a person, firm, or
corporation to violate or fail to comply with any term or provision of this chapter. Each
day shall be a separate infraction. A person, firm, or corporation found to have
committed a civil infraction shall be assessed a monetary penalty as follows:
1. First offense: Class 3 ($50), not including statutory assessments.
2. Second offense arising out of the same facts as the first offense: Class 2
($125), not including including statutory assessments.
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3. Third offense arising out of the same facts as the first offense: Class 1 ($250),
not including statutory assessments.
Section 4. Effective Date.
This Ordinance shall be in full force and effect 5 days after publication.
ADOPTED BY the City Council of Yelm, Washington, this 10'h day of January, 2012 and signed
in authentication thereof this ~' day ofL~~~ 2012.
~i~~~
R~Narding, IV4ayor ~
ATTEST:
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Ja e Schnepf, City Cle
Date of Publication: January 20, 2012
Effective Date: January 25, 2012
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