Chapter 2.60


2.60.010    Authority.

2.60.020    General requirements.

2.60.030    Categorical exemptions and threshold determinations.

2.60.040    Environmental impact statement (EIS).

2.60.050    Commenting.

2.60.060    Using existing environmental documents.

2.60.070    SEPA and agency decisions.

2.60.080    Definitions.

2.60.090    Categorical exemptions.

2.60.100    Agency compliance.

2.60.110    Forms.

2.60.120    Severability.

2.60.010 Authority.

The city of Omak adopts the ordinance codified in this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA rules, WAC 197-11-904. This chapter contains the city’s procedures and policies. (Ord. 1380 § 1, 1998: Ord. 942 § 1, 1984).

2.60.020 General requirements.

(a)    Purpose of This Part and Adoption by Reference. This part contains the basic requirements that apply to the SEPA process. The city adopts the following sections of Chapter 197-11 of the Washington Administrative Code by reference:


197-11-040    Definitions

197-11-050    Lead agency

197-11-055    Timing of the SEPA process

197-11-060    Content of environmental review

197-11-070    Limitations on actions during SEPA process

197-11-080    Incomplete or unavailable information

197-11-090    Supporting documents

197-11-100    Information required of applicants

197-11-158    CMA project review-reliance on existing plans and regulations

197-11-210    SEPA/GMA integration

197-11-220    SEPA/GMA definitions

197-11-228    Overall SEPA/GMA integration procedures

197-11-230    Timing of an integrated GMA/SEPA process

197-11-232    SEPA/GMA integration procedures for preliminary planning environmental analysis, and expanded scoping

197-11-235    Documents

197-11-238    Monitoring

197-11-250    SEPA/Model Toxics Control Act integration

197-11-253    SEPA lead agency for MTCA actions

197-11-256    Preliminary evaluation

197-11-259    Determination of nonsignificance for MTCA remedial actions

197-11-262    Determination of significance and EIS for MTCA remedial actions

197-11-265    Early scoping for MTCA remedial actions

197-11-268    MTCA interim actions

(b)    Additional Definitions. In addition to those definitions contained within WAC 197-11-700 through 197-11-799, when used in this chapter, the following terms shall have the following meanings, unless the context indicates otherwise:

(1)    “Department” means any division, subdivision or organizational unit of the city established by ordinance, rule or order.

(2)    “SEPA rules” means Chapter 197-11 WAC adopted by the Department of Ecology.

(3)    “Ordinance” means the ordinance, resolution or other procedure used by the city to adopt regulatory requirements.

(4)    “Early notice” means the city’s response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant’s proposal (mitigated determination of nonsignificance (DNS) procedures).

(c)    Designations of Responsible Official.

(1)    For those proposals for which the city is the lead agency, the responsible official shall be the city building official.

(2)    For all proposals for which the city is the lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required environmental impact statement (EIS), and perform any other functions assigned to the lead agency or responsible official by those sections of the SEPA rules that were adopted by reference in WAC 173-806-020.

(3)    The city shall retain all documents required by the SEPA rules (Chapter 197-11 WAC) and make them available in accordance with Chapter 42.17 RCW.

(d)    Lead Agency Determination and Responsibilities.

(1)    The department within the city receiving an application for or initiating a proposal that involves a nonexempt action shall determine the lead agency for that proposal under WAC 197-11-050 and 197-11-922 through 197-11-940; unless the lead agency has been previously determined or the department is aware that another department or agency is in the process of determining the lead agency.

(2)    When the city is the lead agency for a proposal, the department receiving the application shall determine the responsible official who shall supervise compliance with the threshold determination requirements, and if an EIS is necessary, shall supervise preparation of the EIS.

(3)    When the city is not the lead agency for a proposal, all departments of the city shall use and consider, appropriate, either the DNS or the final EIS of the lead agency in making decisions on the proposal. No city department shall prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency, unless required under WAC 197-11-600.

(4)    If the city or any of its departments receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination and resolved within fifteen days of receipt of the determination, or the city must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the fifteen-day time period. Any such petition on behalf of the city may be initiated by a department head of the city.

(5)    Departments of the city are authorized to make agreements as to lead agency status or shared lead agency duties for a proposal under WAC 197-11-942 and 197-11-944. Provided, that the responsible official and any department that will incur responsibilities as the result of such agreement approve the agreement.

(6)    Any department making a lead agency determination for a private project shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal.

(e)    Additional Timing Considerations.

(1)    For nonexempt proposals, the DNS or final EIS for the proposal shall accompany the city’s staff recommendation to any appropriate advisory body, such as the planning commission.

(2)    If the city’s only action on a proposal is a decision on a building permit or other license that requires detailed project plans and specifications, the applicant may request in writing that the city conduct environmental review prior to submission of the detailed plans and specifications. (Ord. 1474 § 1, 2002; Ord. 1380 § 2, 1998: Ord. 942 § 2, 1984).

2.60.030 Categorical exemptions and threshold determinations.

(a)    Purpose of this Part and Adoption by Reference. This part contains the rules for deciding whether a proposal has a “probably significant, adverse environmental impact” requiring an environmental impact statement (EIS) to be prepared. This part also contains rules for evaluating the impacts of proposals not requiring an EIS. The city adopts the following sections by reference, as supplemented in this section:


197-11-300    Purpose of this part

197-11-305    Categorical exemptions

197-11-310    Threshold determination required

197-11-315    Environmental checklist

197-11-330    Threshold determination process

197-11-335    Additional information

197-11-340    Determination of nonsignificance (DNS)

197-11-350    Mitigated DNS

197-11-355    Optional DNS process

197-11-360    Determination of significance (DS)/initiation of scoping

197-11-390    Effect of threshold determination

(b)    Flexible Thresholds for Categorical Exemptions.

(1)    The city establishes the exempt levels as described in WAC 197-11-800 for minor new construction.

(2)    Whenever the city establishes new exempt levels under this section, it shall send them to the Department of Ecology, Headquarters Office, Olympia, Washington, 98504 under WAC 197-11-800(1)(c).

(c)    Use of Exemptions.

(1)    Each department within the city that receives an application for a license or, in the case of governmental proposals, the department initiating the proposal, shall determine whether the license and/or the proposal is exempt. The department’s determination that a proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of this chapter apply to the proposal. The city shall not require completion of an environmental checklist for an exempt proposal.

(2)    In determining whether or not a proposal is exempt, the department shall make certain the proposal is properly defined and shall identify the governmental licenses required (WAC 197-11-060). If a proposal includes exempt and nonexempt actions, the department shall determine the lead agency, even if the license application that triggers the department’s consideration is exempt.

(3)    If a proposal includes both exempt and nonexempt actions, the city may authorize exempt actions prior to compliance with the procedural requirements of this section, except that:

(A)    The city shall not give authorization for:

(i)    Any nonexempt action;

(ii)    Any action that would have an adverse environmental impact; or

(iii)    Any action that would limit the choice of alternatives.

(B)    A department may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt actions(s) were not approved; and

(C)    A department may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt action(s) were not approved.

(d)    Environmental Checklist.

(1)    Except as provided in subsection (d)(4) of this section, a completed environmental checklist (or a copy), in the form provided in WAC 197-11-960, shall be filed at the same time as an application for a permit, license, certificate, or other approval not specifically exempted in this chapter; except, a checklist is not needed if the city and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. The city shall use the environmental checklist to determine the lead agency and, if the city is the lead agency, for determining the responsible official and for making the threshold determination.

(2)    For private proposals, the city will require the applicant to complete the environmental checklist, providing assistance as necessary. For city proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.

(e)    Mitigated DNS.

(1)    As provided in this section and in WAC 197-11-350, the responsible official may issue a DNS based on conditions attached to the proposal by the responsible official or on changes to, or clarifications of, the proposal made by the applicant.

(2)    An applicant may request in writing early notice of whether a DS is likely under WAC 197-11-350. The request must:

(A)    Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; and

(B)    Precede the city’s actual threshold determination for the proposal.

(3)    The responsible official should respond to the request for early notice within five working days. The response shall:

(A)    Be written;

(B)    State whether the city currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that are leading the city to consider a DS; and

(C)    State that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the environmental checklist and/or permit application as necessary to reflect the changes or clarifications.

(4)    As much as possible, the city should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.

(5)    When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the city shall base its threshold determination on the changed or clarified proposal and should make the determination within fifteen days of receiving the changed or clarified proposal.

(A)    If the city indicated specific mitigation measures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, the city shall issue and circulate a DNS under WAC 197-11-340 (2).

(B)    If the city indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the city shall make the threshold determination, issuing a DNS or DS as appropriate.

(C)    The applicant’s proposed mitigation measures (clarifications, changes or conditions) must be in writing and must be specific. For example, proposals to “control noise” or “prevent stormwater runoff” are inadequate, whereas proposals to “muffle machinery to X decibel” or “construct 200-foot stormwater retention pond at Y location” are adequate.

(D)    Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents.

(6)    A mitigated DNS is issued under WAC 197-11-340(2)(a), requiring a fourteen-day comment period and public notice.

(7)    Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit, or enforced in any manner specifically prescribed by the city.

(8)    If the city’s tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the city should evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a) (withdrawal of DNS).

(9)    The city’s written response under subsection (e)(2) of this section shall not be construed as determination of significance. In addition, preliminary discussion of clarifications or changes to a proposal, as opposed to a written request for early notice, shall not bind the city to consider the clarifications or changes in its threshold determination. (Ord. 1380 § 3, 1998: Ord. 942 § 3, 1984).

2.60.040 Environmental impact statement (EIS).

(a)    Purpose of This Part and Adoption by Reference. This part contains the rules for preparing environmental impact statements. The city adopts the following sections by reference, as supplemented by this section:


197-11-400    Purpose of EIS

197-11-402    General requirements

197-11-405    EIS types

197-11-406    EIS timing

197-11-408    Scoping

197-11-410    Expanded scoping (optional)

197-11-420    EIS preparation

197-11-425    Style and size

197-11-430    Format

197-11-435    Cover letter or memo

197-11-440    EIS contents

197-11-442    Contents of EIS on nonproject proposals

197-11-443    EIS contents when prior nonproject EIS

197-11-444    Elements of the environment

197-11-448    Relationship of EIS to other considerations

197-11-450    Cost benefit analysis

197-11-455    Issuance of DEIS

197-11-460    Issuance of FEIS

(b)    Preparation of EIS—Additional Considerations.

(1)    Preparation of draft and final EISs (DEIS and FEIS) and draft and final supplemental EISs (SEIS) is the responsibility of the department under the direction of the responsible official. Before the city issues an EIS, the responsible official shall be satisfied that it complies with this chapter and Chapter 197-11 WAC.

(2)    The DEIS and FEIS or draft and final SEIS shall be prepared by city staff, the applicant, or by a consultant selected by the city or the applicant. If the responsible official requires an EIS for a proposal and determines that someone other than the city will prepare the EIS, the responsible official shall notify the applicant immediately after completion of the threshold determination. The responsible official shall also notify the applicant of the city’s procedure for EIS preparation, including approval of the DEIS and FEIS prior to distribution.

(3)    The city may require an applicant to provide information the city does not possess, including specific investigations. However, the applicant is not required to supply information that is not required under this chapter or that is being requested from another agency. (This does not apply to information the city may request under another ordinance or statute.)

(c)    Additional Elements to be Covered in an EIS. The following additional elements are part of the environment for the purpose of EIS content, but do not add to the criteria for threshold determinations or perform any other function or purpose under this chapter:

(1)    Economy;

(2)    Social policy analysis;

(3)    Cost benefit analysis. (Ord. 1380 § 4, 1998: Ord. 942 § 4, 1984).

2.60.050 Commenting.

(a)    Adoption by Reference. This part contains rules for consulting, commenting and responding on all environmental documents under SEPA, including rules for public notice and hearings. The city adopts the following sections by reference, as supplemented in this section:


197-11-500    Purpose of this part

197-11-502    Inviting comment

197-11-504    Availability and cost of environmental documents

197-11-508    SEPA register

197-11-535    Public hearings and meetings

197-11-545    Effect of no comment

197-11-550    Specificity of comments

197-11-560    FEIS response to comments

197-11-570    Consulted agency costs to assist lead agency

(b)    Public Notice.

(1)    Whenever the city issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3), the city shall give public notice as follows:

(A)    If public notice is required for a nonexempt license, the notice shall state whether a DS or DNS has been issued and when comments are due.

(B)    If no public notice is required for the permit or approval, the city shall give notice of the DNS or DS by publishing notice in a newspaper of general circulation in the city where the proposal is located;

(C)    Whenever the city issues a DS under WAC 197-11-360(3), the city shall state the scoping procedure for the proposal in the DS as required in WAC 197-11-408 and in the public notice.

(2)    Whenever the city issues a DEIS under WAC 197-11-455(5) or a SEIS under WAC 197-11-620, notice of the availability of those documents shall be given by:

(A)    Indicating the availability of the DEIS in any public notice required for a nonexempt license; and

(B)    Publishing notice in a newspaper of general circulation in the city where the proposal is located. (Ord. 1380 § 5, 1998: Ord. 942 § 5, 1984).

2.60.060 Using existing environmental documents.

(a)    Purpose of This Part and Adoption by Reference. This part contains rules for using and supplementing existing environmental documents prepared under SEPA or National Environmental Policy Act (NEPA) for the city’s own environmental compliance. The city adopts the following sections by reference:


197-11-164    Planned actions—Definition and criteria

197-11-168    Ordinances or resolutions designating planned actions—Procedures for adoption

197-11-172    Planned actions—Project review

197-11-600    When to use existing environmental documents

197-11-610    Use of NEPA documents

197-11-620    Supplemental environmental impact statement—Procedures

197-11-625    Addenda—Procedures

197-11-630    Adoption—Procedures

197-11-635    Incorporation by reference—Procedures

197-11-640    Combining documents

(Ord. 1380 § 6, 1998: Ord. 942 § 6, 1984).

2.60.070 SEPA and agency decisions.

(a)    Purpose of this Part and Adoption by Reference. This part contains rules (and policies) for SEPA’s substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This part also contains procedures for appealing SEPA determinations to agencies or the courts. The city adopts the following sections by reference:


197-11-650    Purpose of this part

197-11-655    Implementation

197-11-660    Substantive authority and mitigation

197-11-680    Appeals

(b)    Substantive Authority.

(1)    The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the city of Omak.

(2)    The city may attach conditions to a permit or approval for a proposal so long as:

(A)    Such conditions are necessary to mitigate specific probably adverse environmental impacts identified in environmental documents prepared pursuant to this chapter; and

(B)    Such conditions are in writing; and

(C)    The mitigation measures included in such conditions are reasonable and capable of being accomplished; and

(D)    The city has considered whether other local, state or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and

(E)    Such conditions are based on one or more policies in subsection (d)(4) of this section and cited in the license or other decision document.

(3)    The city may deny a permit or approval for a proposal on the basis of SEPA so long as:

(A)    A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a FEIS or final SEIS prepared pursuant to this chapter; and

(B)    A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and

(C)    The denial is based on one or more policies identified in subsection (b)(4) of this section and identified in writing in the decision document.

(4)    The city designates and adopts by reference the following policies as the basis for the city’s exercise of authority pursuant to this section:

(A)    The city shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs and resources to the end that the state and its citizens may:

(i)    Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;

(ii)    Assure for all people of Washington safe, healthful, productive and aesthetically and culturally pleasing surroundings;

(iii)    Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;

(iv)    Preserve important historic, cultural and natural aspects of our national heritage;

(v)    Maintain, wherever possible, an environment which supports diversity and variety of individual choice;

(vi)    Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities; and

(vii)    Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.

(B)    The city recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.

(C)    The city adopts by reference the following policies: subdivision and zoning ordinances, building codes and comprehensive plan.

(c)    Notice/Statute of Limitations.

(1)    The city may publish a notice of action pursuant to RCW 43.21C.080 for any action.

(2)    The form of the notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be published by the city clerk pursuant to RCW 43.21C.080. (Ord. 1380 § 7, 1998: Ord. 942 § 7, 1984).

2.60.080 Definitions.

(a)    Purpose of This Part and Adoption by Reference. This part contains uniform usage and definitions of terms under SEPA. The city adopts the following sections by reference, as supplemented by WAC 173-806-030:


197-11-700    Definitions

197-11-702    Act

197-11-704    Action

197-11-706    Addendum

197-11-708    Adoption

197-11-710    Affected tribe

197-11-712    Affecting

197-11-714    Agency

197-11-716    Applicant

197-11-718    Built environment

197-11-720    Categorical exemption

197-11-721    Closed record appeal

197-11-722    Consolidated appeal

197-11-724    Consulted agency

197-11-726    Costbenefit analysis

197-11-728    County/city

197-11-730    Decision maker

197-11-732    Department

197-11-734    Determination of nonsignificance (DNS)

197-11-736    Determination of significance (DS)

197-11-738    EIS

197-11-740    Environment

197-11-742    Environmental checklist

197-11-744    Environmental document

197-11-746    Environmental review

197-11-750    Expanded scoping

197-11-752    Impacts

197-11-754    Incorporation of reference

197-11-756    Lands covered by water

197-11-758    Lead agency

197-11-760    License

197-11-762    Local agency

197-11-764    Major action

197-11-766    Mitigated DNS

197-11-768    Mitigation

197-11-770    Natural environment

197-11-772    NEPA

197-11-774    Nonproject

197-11-775    Open record hearing

197-11-776    Phased review

197-11-778    Preparation

197-11-780    Private project

197-11-782    Probable

197-11-784    Proposal

197-11-786    Reasonable alternative

197-11-788    Responsible official

197-11-790    SEPA

197-11-792    Scope

197-11-793    Scoping

197-11-794    Significant

197-11-796    State agency

197-11-797    Threshold determination

197-11-799    Underlying governmental action.

(Ord. 1380 § 8, 1998: Ord. 942 § 8, 1984).

2.60.090 Categorical exemptions.

(a)    Adoption by Reference. The city adopts by reference the following rules for categorical exemptions, as supplemented in this chapter, including WAC 173-806-070 (flexible thresholds), WAC 173-806-080 (use of exemptions), and WAC 173-806-190 (critical areas):


197-11-800    Categorical exemptions

197-11-880    Emergencies

197-11-890    Petitioning DOE to change exemptions.

(Ord. 1380 § 9, 1998: Ord. 942 § 9, 1984).

2.60.100 Agency compliance.

(a)    Purpose of This Part and Adoption by Reference. This part contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, designating categorical exemptions that do not apply within critical areas, listing agencies with environmental expertise, selecting the lead agency, and applying these rules to current agency activities. The city adopts the following sections by reference:


197-11-900    Purpose of this part

197-11-902    Agency SEPA policies

197-11-916    Application to ongoing actions

197-11-920    Agencies with environmental expertise

197-11-922    Lead agency rules

197-11-924    Determining the lead agency

197-11-926    Lead agency for governmental proposals

197-11-928    Lead agency for public and private proposals

197-11-930    Lead agency for private projects with one agency with jurisdiction

197-11-932    Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a city

197-11-934    Lead agency for private projects requiring licenses from a local agency, not a city and one or more state agencies

197-11-936    Lead agency for private projects requiring licenses from more than one state agency

197-11-938    Lead agencies for specific proposals

197-11-940    Transfer of lead agency status to a state agency

197-11-942    Agreements on lead agency status

197-11-944    Agreements on division of lead agency duties

197-11-946    DOE resolution of lead agency disputes

197-11-948    Assumption of lead agency status

(b)    Fees. The city shall require the following fees for its activities in accordance with the provision of this chapter:

(1)    Threshold Determination. For every environmental checklist the city will review when it is lead agency, the city shall collect a fee of seventy-five dollars from the proponent of the proposal prior to undertaking the threshold determination. The time periods provided by this chapter for making a threshold determination shall not begin to run until payment of the fee.

(2)    Environmental Impact Statement.

(A)    When the city is the lead agency for a proposal requiring an EIS and the responsible official determines that the EIS shall be prepared by employees of the city, the city may charge and collect a reasonable fee from any applicant to cover costs incurred by the city in preparing the EIS. The responsible official shall advise the applicant(s) of the projected costs for the EIS prior to actual preparation; the applicant shall post bond or otherwise ensure payment of such costs.

(B)    The responsible official may determine that the city will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, for activities initiated by some persons or entity other than the city and may bill such costs and expenses directly to the applicant. The city may require the applicant to post bond or otherwise ensure payment of such costs. Such consultants shall be selected by mutual agreement of the city and applicant for a call for proposals.

(C)    If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under (2)(A) or (2)(B) of this subsection which remain after incurred costs are paid.

(3)    The city may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this chapter relating to the applicant’s proposal.

(4)    The city shall not collect a fee for performing its duties as a consulted agency.

(5)    The city may charge any persons for copies of any document prepared under this chapter, and for mailing the document, in a manner provided by Chapter 42.17 RCW. (Ord. 1380 § 10, 1998: Ord. 942 § 10, 1984).

2.60.110 Forms.

(a)    Adoption by Reference. The city adopts the following forms and sections by reference:

197-11-960    Environmental checklist

197-11-965    Adoption notice

197-11-970    Determination of nonsignificance (DNS)

197-11-980    Determination of significance and scoping notice (DS)

197-11-985    Notice of assumption of lead agency status

197-11-990    Notice of action

(Ord. 1380 § 11, 1998: Ord. 942 § 11, 1984).

2.60.120 Severability.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected. (Ord. 1380 § 12, 1998: Ord. 942 § 13, 1984).