Blaine Municipal Code

Title 8
HEALTH AND SAFETY

Chapters:

8.04 Food Canneries and Reduction Plants

8.08 Garbage and Refuse

8.10 Nuisances

8.12 Repealed

8.14 Unfit, Improperly Maintained or Substandard Structures or Premises

8.16 Litter Control

8.24 Repealed

8.28 Harbor Regulations

8.30 Adult Entertainment Businesses

8.32 Commute Trip Reduction

8.36 Fire Protection

Chapter 8.04
FOOD CANNERIES
AND REDUCTION PLANTS

Sections:

8.04.010 Definitions.

8.04.020 Perishable matter declared nuisance.

8.04.030 Sanitation and cleanliness requirements.

8.04.040 Reduction-plant drying gases.

8.04.050 Inspection and enforcement authority.

8.04.060 Abatement of nuisances.

8.04.070 Violation – Penalty.

8.04.010 Definitions.

As used in this chapter:

A. “Fish” means and includes all forms of fish and fish products, including shellfish, whether edible or not.

B. “Gas” includes all types of gas, vapors and steam, and also includes air-carrying particles.

C. “Perishable matter” includes fish, animal and vegetable matter and parts and particles thereof.

D. “Reduction” or “reducing” includes every part of the process whereby an animal, fish or vegetable matter is converted into fertilizer, feed, fats, oils, meal or any other byproduct of such animal, fish or vegetable matter, including skinning, scaling, cooking, pressing, drying, sacking and separation of oil and disposal of waste. (Ord. 1033 § 1, 1951; prior code § 8-201)

8.04.020 Perishable matter declared nuisance.

The existence of perishable matter in a decomposed or decomposing state or in any situation as to make the same liable to become decomposed, putrefied or decayed is declared to be detrimental to public health, safety and convenience, and is declared to be a public nuisance. (Ord. 1033 § 2, 1951; prior code § 8-202)

8.04.030 Sanitation and cleanliness requirements.

It is unlawful to operate any food cannery or reduction plant unless the plant or cannery and operation thereof complies with all of the following conditions:

A. Construction of Surfaces. All floors and gutters of each such plant or cannery shall be constructed of concrete, or other material with a smooth finish; the walls, ceilings, partitions, posts, doors, and other parts of all such structures constituting a part of such plant shall be of such material as shall permit them to be easily and readily cleaned.

B. Receiving Bins. Each plant and cannery shall be equipped with proper receiving bins or compartments which shall be smooth, so that they can be readily cleaned, and shall be tight, and no fish, fish particles or animal or vegetable matter shall be permitted to accumulate in such bin, or anywhere in the plant, for such time as to become decomposed.

C. Trapping of Waste Particles. Each plant and/or cannery shall have adequate devices for trapping all animal, fish and vegetable particles, including fish scales, in such a manner that they will not be discharged out of the plant into the Boat Haven area of the Port of Bellingham within the city, and all such particles shall be trapped and reduced, and none of them shall be discharged into the Boat Haven area of the Port of Bellingham within the city.

D. Importing Decomposed Matter. No perishable matter which is decomposed or putrefied or decaying shall be brought into the city.

E. Processing or Preservation of Perishables. All perishable matter shall be processed within 48 hours of its arrival at the plant, unless it is iced or otherwise preserved so that decomposition or putrefaction cannot occur.

F. Covered and Enclosed Storage. All storage of perishable matter and storage bins therefor shall be completely enclosed structures, and shall at all times, except when unloading or loading, be securely covered against the sun, insects and pollution of all kinds.

G. Prompt Unloading. All perishable matter arriving at any plant must be unloaded from the truck, boat or other means of conveyance immediately upon arrival at such plant, and forthwith stored in covered storage facilities as provided in this section.

H. Washing of Storage Bins or Spaces. All storage bins and space for perishable material shall be washed at least once every 24 hours when in use, and all storage bins and space used for the storage of fish shall be washed and salted at least every 24 hours when in use. (Ord. 1033 § 3, 1951; prior code § 8-203)

8.04.040 Reduction-plant drying gases.

It is unlawful to accept, process, render, reduce or bring into any cannery or reduction plant any perishable material in a state of decomposition or putrefaction, and it is unlawful to operate any reduction plant unless the plant complies with each of the following conditions:

A. Drying gases created by direct heat-reduction process shall pass through an incinerator of sufficient capacity and which shall raises the entire amount of gas to a temperature of not less than 1,400 degrees Fahrenheit, or shall be otherwise dissolved or disposed of in such a manner as to prevent the escape of any odors from such gases into the open air. Each plant using an incinerator shall equip it with a recording pyrometer, whose active element shall properly record the maximum temperature of all gases therein before they are allowed to escape. A 24-hour record temperature chart shall be made every day in which the reduction plant is operated.

B. Plants not required to use an incinerator shall be provided with a recording thermometer and a 24-hour chart shall be made of the temperature of the drying gases immediately on leaving the dryer.

C. All temperature charts shall be retained for at least a year and are to be made available on demand of the health inspector.

D. All plants and works employing indirect heat dryers, namely dryers in which the products of combustion are never in contact with the material being dried, shall incinerate or otherwise dissolve or dispose of all gases emanating from the drying material in such manner as to prevent the escape of any odors from such gases into the open air. (Ord. 1033 § 4, 1951; prior code § 8-204(a-d))

8.04.050 Inspection and enforcement authority.

A. The health inspector is empowered at any and all times to visit and inspect all parts of all reduction plants and food canneries in the city, and to inspect all temperature charts and other records of operation, and all records showing quantities of animals, fish or vegetables received in the plants, and the quantities of meal and other products produced.

B. The inspector is authorized to enforce all the provisions of this chapter. (Ord. 1033 § 4, 1951; prior code § 8-204(e))

8.04.060 Abatement of nuisances.

Nothing in this chapter contained shall be construed to debar the city from instituting and maintaining civil actions, or of the employment of extraordinary civil remedies for the abatement of nuisances created through the operation of reduction or processing plants, or the processing of food in any form embraced within the provisions of this chapter, for any or all damages occasioned thereby. (Ord. 1033 § 6, 1951; prior code § 8-205)

8.04.070 Violation – Penalty.

Any person violating or failing to comply with any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine in any sum not exceeding $100.00, or by imprisonment in the city jail for a period not exceeding 30 days, or by both such fine and imprisonment. Each day on which any violation occurs shall be considered a separate violation. (Ord. 1033 § 5, 1951; prior code § 8-206)

Chapter 8.08
GARBAGE AND REFUSE

Sections:

8.08.010 Purpose.

8.08.020 Definitions.

8.08.030 Compulsory service.

8.08.040 Procedure to obtain exemption.

8.08.050 Enforcement – Civil penalty.

8.08.010 Purpose.

The purpose of this chapter is:

A. To establish a city-wide program for solid waste handling and/or recycling which is in the best interest of the public health, safety and welfare, to prevent land, air and water pollution and conserve natural, economic and energy resources;

B. To adopt and enforce basic minimum standards for handling solid waste;

C. To encourage storage, proper disposal and recycling of solid waste; and

D. To comply with the interlocal agreement with Whatcom County in the most effective way. (Ord. 2166 § 2, 1994)

8.08.020 Definitions.

A. “City” means the city of Blaine, Washington.

B. “Collector” means the person entering into a contract with the city or the person engaged in the private business of the removal of solid waste.

C. “County” means Whatcom County, Washington.

D. “Disposal site” means the location approved for final treatment, utilization, processing, or deposit of solid waste.

E. “Person” means an individual.

F. “Recyclable materials” means those solid wastes that are separated for recycling or reuse, such as papers, metals and glass, that are identified as recyclable material.

G. “Solid waste/s” means all solid or semi-solid waste including, but not limited to, garbage, rubbish, ashes, industrial waste, demolition and construction wastes, abandoned vehicles or parts thereof, and recyclable materials. (Ord. 2166 § 2, 1994)

8.08.030 Compulsory service.

It is compulsory to take a service which is privately provided for collection of refuse in the city. The owner of all developed property within the city shall be required to use this service, unless an exemption has been granted pursuant to BMC 8.08.040. (Ord. 2166 § 2, 1994)

8.08.040 Procedure to obtain exemption.

A. At least 60 days prior to the date of implementation of mandatory solid waste and recycling collection, the city shall provide reasonable notice to all residences and businesses that mandatory collection will be implemented. Such notice shall state how requests for exemption may be filed. Such notice shall be issued in coordination with certificated haulers.

B. Any person who wishes an exemption from the provisions or application of this chapter may file an affidavit with the city which states substantively as follows:

1. I swear or affirm that I should be exempt from the requirements of universal recycling and solid waste collection because I am disposing or will dispose of my solid waste in an environmentally sound way.

The method of disposal is as follows: (Applicant shall complete.)

2. This affidavit is subject to periodic verification by the city.

C. Within 30 days after implementation of mandatory collection, the city manager shall provide a report to the city council containing findings on the number of exemptions that have been requested, the grounds stated for such exemptions, the actions taken on the requests, and recommendations, if any, for further legislative action on exemptions which the city manager believes are appropriate. (Ord. 2166 § 2, 1994)

8.08.050 Enforcement – Civil penalty.

A. If any property owner, landlord, or other responsible person not otherwise exempt from mandatory collection, refuses to pay for such mandatory collection, the city may, upon the request of a certificated hauler, through the city attorney’s office, commence appropriate action to enforce the provisions of this chapter. The prevailing party shall be entitled to an award of reasonable attorney’s fees and costs in any such action.

B. Any property owner, landlord or other responsible person who knowingly fails to subscribe to or pay for solid waste and recycling collection service without having obtained an exemption, or, after obtaining an exemption fails to properly dispose of solid waste in an environmentally sound manner as determined by the city code compliance administrator, shall be liable in addition to actual damages, for a penalty to the city in an amount equal to any past due bill for solid waste and recycling collection service not to exceed $500.00, plus an additional penalty of not less than $100.00, nor more than $200.00, which shall not be suspended or deferred. (Ord. 2166 § 2, 1994)

Chapter 8.10
NUISANCES

Sections:

8.10.010 Nuisances declared.

8.10.020 Abatement.

8.10.030 Liability for costs.

8.10.040 Violation – Penalty.

8.10.010 Nuisances declared.

The following places, things, and acts are declared to be public nuisances:

A. Burning Refuse. Burning or disposal of refuse, sawdust or other material in such a manner as to cause or permit ashes, sawdust, soot or cinders to fall onto public rights-of-way or property, or onto the private property of others; or to cause or permit the smoke, ashes, soot or gases arising from such burning to become annoying, or to injure or endanger the health, comfort or repose of the public;

B. Garbage and Refuse. Throwing or depositing or causing to be deposited in any street, alley or other public place, or on any private property in the city, any garbage, refuse, filth, debris, offal, the carcass of any animal, or other noisome material, or causing or permitting the same to collect or remain in any place in the city to the prejudice or annoyance of others;

C. Noxious Odors, Fumes or Smoke. The erection or use of any building, room or other place in the city for the exercise of any trade, employment or manufacture, or other occupancy, which by occasioning exhalations, offensive odors or other annoyances, is discomforting or offensive or detrimental to the health of individuals or of the public;

D. Unhealthy or Unsightly Conditions in Public View. The keeping or maintaining in any area on private property which is clearly visible from a public street, sidewalk, park or other public area any accumulation, collection or untidy storage of any of the following: old iron, steel, aluminum or other metal; inoperable and/or junk vehicles, vehicle parts, machinery or equipment; mattresses, bedding, clothing, rags or cloth; straw, packing materials, cardboard or paper; metal cans, wire, bottles, glass, barrels, bins, boxes, containers, ashes, plaster or cement; wood or lumber not neatly stacked or piled; or, in addition to the above articles, any condition judicially determined to be unhealthy after written complaint from a local health official. This type of public nuisance shall not include conditions completely enclosed within a building wholly enclosed except for ingress and egress required by the Uniform Building or Fire Codes, or within legally erected and properly maintained fencing, so as not to be visible from public property, nor shall it include construction sites where the progress of construction is proceeding with reasonable diligence;

E. Construction Noise. Causing or permitting construction activity noise to intrude onto private residential property outside the construction site between the hours of 7:00 p.m. and 7:00 a.m. on weekdays; 6:00 p.m. and 9:00 a.m. on Saturdays or at any time on Sundays and nationally recognized holidays.

The city manager (or designee) may grant a waiver of the above limitations to allow construction noise not later than 10:00 p.m. on weekdays or Saturdays or between the hours of 9:00 a.m. and 6:00 p.m. on Sundays or nationally recognized holidays. Such waivers will be approved when deemed necessary to reasonably accommodate transportation or utility improvements within the public right-of-way or construction on schools or other essential government or public facilities. Waivers shall be requested in writing by the agency responsible for the construction. Such requests shall include an explanation of noise mitigation measures being applied to the project. When possible, waiver requests shall be received by the city manager at least 48 hours in advance of the anticipated construction noise exceeding city standards.

If the city manager finds it is in the public interest to consider a waiver to allow construction activity with a potential to generate noise outside of the above construction hours, he/she may present the waiver request to the city council for consideration at the next regular meeting. The waiver request shall be forwarded with a draft resolution describing the activities, justification of waiver, and proposed noise mitigating measures. If the council agrees that the waiver request is in the public interest, the council shall have the authority to approve the construction activity by adoption of the resolution, providing for the city manager to require additional mitigation measures or termination of construction outside normal hours should the noise associated with approved construction be determined to be in violation of Chapter 173-60 WAC standards.

F. Weed hazard, defined as dead, decayed, diseased or hazardous trees, or any other vegetation other than vegetation located in flower beds, or healthy trees or shrubbery, exceeding 18 inches in height and posting a threat to the public health, safety and welfare by providing food and harborage for rats, containing noxious vegetation or creating a potential fire hazard. Such vegetation on a parcel of one acre or more is not a fire hazard if it is surrounded by a 20-foot firebreak where it adjoins a public way and the firebreak is maintained at a height of 18 inches or less.

Weed hazards also include any accumulation of weeds, brambles, berry vines, or other vegetation exceeding four feet in height and overgrowing any building, abutting property lines, fence or publicly traveled right-of-way. Public parks, agriculturally used property, regulated wetlands, natural undeveloped woodlands, and property which the city approves for natural open space areas are not weed hazards; provided, that they are free of noxious vegetation as currently identified and regulated by the Whatcom County Cooperative Extension Service.

G. Operation of radios or other mechanical or electronic sound-making devices in motor vehicles; exemptions:

1. Causing or permitting amplified sound to emit from a motor vehicle located on public or private property when that sound is:

a. Plainly audible at a distance of 100 feet or more from the motor vehicle; or

b. Louder than is necessary for the convenient hearing by persons inside the vehicle in areas within 50 feet of churches, schools, residences, convalescent homes, or any governmental building.

2. The provisions of this section shall not apply to law enforcement, fire fighting, emergency medical service or other emergency service vehicle equipped with any communication device necessary in the performance of any law enforcement or emergency procedures.

3. The provisions of this section do not apply to motor vehicles used for political purposes, which in the normal course of conducting such business use sound-making devices.

4. The provisions of this section do not apply to the noise made by a horn or other warning device required or permitted by the Revised Code of Washington.

5. Punishment for violation of this section shall be as prescribed in BMC 8.10.040. (Ord. 2667 § 1, 2007; Ord. 2433 § 1, 1999; Ord. 2432 § 1, 1999; Ord. 2418 § 1, 1999; Ord. 2308 § 1, 1997; Ord. 2223 § 2, 1995)

8.10.020 Abatement.

When judgment shall be rendered against any person, firm or corporation finding them guilty of creating, keeping or maintaining a nuisance as provided in this chapter, it shall be the duty of the court before whom the conviction is had, in addition to imposing the penalty or penalties provided for in this chapter, to order the defendant or defendants in such action to forthwith abate and remove such nuisance. If the same is not done by such offender within 24 hours, the same shall be abated and removed under the direction of the department of community and economic development or any other officer authorized by the court. The order of abatement shall be entered upon the docket of the court and made a part of the judgment in the action. (Ord. 2223 § 2, 1995)

8.10.030 Liability for costs.

The initial violation of any provision of this chapter is an infraction; any subsequent violation constitutes a misdemeanor. Any person, firm or corporation found guilty of keeping or maintaining a nuisance as provided in this chapter shall be liable for all costs and expenses of abating the same when the nuisance has been abated by any officer of the city, which costs and expenses shall be taxed as part of the costs of the prosecution against the party liable, to be recovered as other costs are recovered; provided, that in such cases the city shall be liable in the first instance to pay the same. In all cases where the building inspector or other officer shall abate any such nuisance, he shall keep an account of all expenses attending such abatement. In addition to other powers given in this chapter to collect such costs and expenses, the city may bring suit for the same in any court, of competent jurisdiction against the person, firm or corporation creating, keeping or maintaining the nuisance so abated. (Ord. 2223 § 2, 1995)

8.10.040 Violation – Penalty.

The initial violation of this chapter is an infraction, punishable by a fine of not more than $250.00. The second violation constitutes a misdemeanor, punishable by a maximum fine of not more than $500.00, or a maximum imprisonment of 90 days, or both such fine and imprisonment, at the discretion of the court. For conviction of a third or subsequent offense, the fine shall not exceed $1,000, with a maximum imprisonment of one year, or both such fine and imprisonment at the discretion of the court. For each act prohibited in this chapter of a continuing nature, each day shall be considered a separate offense. (Ord. 2223 § 2, 1995)

Chapter 8.12
JUNK

(Repealed by Ord. 2223)

Chapter 8.14
UNFIT, IMPROPERLY
MAINTAINED OR SUBSTANDARD STRUCTURES OR PREMISES

Sections:

8.14.010 Purpose and findings.

8.14.020 Definitions.

8.14.030 Duties of the inspector.

8.14.040 Unfit or improperly maintained structures or premises.

8.14.050 Substandard structures.

8.14.060 Complaint.

8.14.070 Hearings before the inspector.

8.14.080 Hearings before the hearing examiner.

8.14.090 Enforcement.

8.14.100 Costs.

8.14.110 Permits required.

8.14.120 Penalties.

8.14.130 Emergencies.

8.14.010 Purpose and findings.

The city council of the city of Blaine finds that unkept, unsafe, unsanitary and otherwise improperly maintained premises and structures, sidewalks and easements within the city, in addition to the obvious hazards which these conditions pose to the public health, safety and welfare, adversely affect the value, utility and habitability of property within the city as a whole and specifically cause substantial damage to adjoining and nearby property. A property which is inadequately maintained may substantially reduce the value of adjoining property. If there are a number of properties that are unkept, unsightly and dangerous, the habitability and economic well-being of the city as a whole are materially and adversely affected. This chapter conveys to the city administration, in accord with the procedures set out below, all necessary and proper powers to remedy unfit, improperly maintained or substandard structures or premises as they are described or found to exist and to charge the costs of such action to those responsible, and against the properties themselves. This chapter is an exercise of the city’s police power, and it shall be liberally construed to effect this purpose. (Ord. 2223 § 2, 1995)

8.14.020 Definitions.

Unless specifically defined below or unless context clearly requires a different meaning, terms used in this chapter have the meaning given them by the currently adopted edition of the Uniform Building Code. Gender and number are interchangeable.

“Abandoned” refers to any property, real or personal, which is unattended and either open or unsecured so that access may be gained without damaging any portion of the property, or which looks like no person is presently in possession, such as disconnected utilities, accumulated debris, uncleanliness, disrepair and, in the case of chattels, location.

“Boarded-up structure” means any structure having exterior openings which are closed by extrinsic devices or materials designed or calculated to be in place indefinitely, giving to the structure the appearance of nonoccupancy or nonuse for an indefinite period of time.

“Dangerous structure” is a structure in which:

1. Structural deterioration is of such degree that:

a. Vertical members list, lean or buckle to the extent that a plumb line passing through the center of gravity falls outside the middle third of its base, or

b. Thirty-three percent of the supporting members show damage or deterioration; or

2. The cost of restoration exceeds 60 percent of the value of the structure; or

3. Fire or other calamity has caused damage to the extent that restoration cost exceeds 30 percent of the value of the structure, and it has remained vacant for six months or more.

“Hearing examiner” means the city of Blaine hearing examiner.

“Inspector” means the building official or other official designated by the director of community and economic development.

“Nuisance,” for purposes of this chapter, relating to the maintenance of property, is any condition which renders a structure or premises unfit for use or improperly maintained and which may be abated as specified in this chapter. The term includes:

1. A nuisance defined by statute or ordinance;

2. A nuisance at common law, either public or private;

3. An attractive nuisance, whether in or on a structure or an unoccupied lot and whether realty, fixture or chattel, which might reasonably be expected to attract children and constitute a danger to them; including, but not limited to, abandoned wells, ice boxes or refrigerators with doors and latches not openable from the inside, shafts, basements or other excavations, abandoned or inoperative vehicles or other equipment, structurally unsound fences, or other fixtures, lumber, fencing, vegetation or other debris; and/or

4. Abandoned, vacant or occupied property which has become detrimental to health or safety because of a natural or artificial condition on the property.

In determining whether a nuisance that is not specifically named in this definition exists, the inspector will consider whether the conditions:

1. Injure or endanger the health or safety of others;

2. Unlawfully interfere, obstruct, tend to obstruct or endanger the passage of any stream, park, parkway, square, street, sidewalk, easement or way;

3. Render others insecure in life or use of property;

4. Obstruct the full use of property so as to essentially interfere with the comfortable enjoyment of life or property;

5. Violate any provision of this chapter; or

6. Are unlawful or illegal.

“Owner” means any person having ownership interest in the real estate in question as shown upon the records of the Whatcom County auditor, or who establishes his interest before the inspector. For purposes of giving notice, the term “owner” also includes any person in physical possession.

“Structure” means any building, dwelling, mobile home, factory-built house, or other structure or part thereof, built for the support, shelter, enclosure or convenience of persons, animals, chattels or property of any kind.

“Value of structure” is the current value of a structure as specified in the current edition of “Building Valuation Data” published by the International Conference of Building Officials, or, if not published, as determined by the inspector. (Ord. 2507 § 2, 2002; Ord. 2223 § 2, 1995)

8.14.030 Duties of the inspector.

For the purposes of this chapter, the powers and duties of the inspector include:

A. Investigation of all structures and premises which he/she has reasonable grounds to believe may be unfit, improperly maintained or substandard;

B. Preparation, service and posting of complaints against structures or premises believed to be in violation;

C. Conducting administrative hearings and rendering decisions based on written findings; and

D. Doing all things necessary and proper to carry out and enforce this chapter. (Ord. 2223 § 2, 1995)

8.14.040 Unfit or improperly maintained structures or premises.

A. In reaching a judgment that a structure or premises is unfit or improperly maintained, the inspector shall consider whether any of the following conditions exist:

1. Dilapidation, disrepair or structural defects as defined at Section 302 of the Uniform Code for the Abatement of Dangerous Buildings;

2. Disrepair;

3. Structural defects;

4. Defects or conditions increasing the hazards of fire, accidents or other calamities;

5. Inadequate drainage;

6. Nuisances as defined at BMC 8.14.020; or

7. Rodent infestation.

B. If any of these or other conditions are found to exist to an extent that is dangerous or injurious to the health, safety, or general welfare of the occupants of the structure or premises, or of the occupants of neighboring structures or premises, or of other residents of the city, the inspector may in his/her discretion order the structure or premises vacated, closed, repaired, altered, improved, cleaned or cleared so as to remedy the condition. If a structure has been determined to be dangerous as defined at BMC 8.14.020, the inspector may in his/her discretion order the structure demolished or removed and the land suitably restored or the premises improved. The inspector may order the property immediately vacated and secured as completely as possible pending such action.

C. Any effort to correct deficiencies of which written notice have been given or prior to the hearing prescribed at BMC 8.14.070 by a party in interest creates a presumption that the structure or premises can be reasonably repaired or improved. Failure to accomplish such correction is grounds for the inspector to order demolition of a structure or improvement of a premises. If by reason of any of the above conditions a structure is unfit for use, but no public necessity is found for its immediate demolition, the inspector may take other action, such as causing the property to be vacated, closed, repaired, altered, cleaned, cleared or otherwise improved in a manner which will promote the public health, safety or general welfare. (Ord. 2223 § 2, 1995)

8.14.050 Substandard structures.

A. In reaching a judgment that a structure is substandard, the inspector shall determine whether it violates pertinent building or other uniform codes so as to create one or more of the following conditions:

1. Structural unsoundness;

2. Improper sanitation;

3. Improper safety;

4. Improper weatherproofing;

5. Defective or hazardous wiring, plumbing or heating or ventilating equipment, including vents and piping, which;

a. Did not conform with law applicable at the time of installation, or

b. Has not been maintained in a good condition, or

c. Is not being used in a safe manner;

6. Fire hazard, including any building, device, apparatus, equipment, combustible debris, or vegetation which may cause fire or explosion or provide ready fuel to augment the spread or intensity thereof;

7. Rodent infestation.

B. If these or similar conditions are found to exist, the inspector, in his/her discretion, may order the structure vacated, closed, repaired, altered, cleaned, cleared, improved or otherwise brought into compliance with current codes, and may order the property immediately vacated and secured as completely as possible pending such action. (Ord. 2223 § 2, 1995)

8.14.060 Complaint.

If, after a preliminary investigation of any structure or premises, the inspector finds that it is unfit for use, improperly maintained or substandard, he/she shall cause the owners and parties shown by records of the Whatcom County auditor as having an interest in the property, as well as the persons in possession of the property, to be served by personal delivery or certified mail with return receipt requested and shall post in a conspicuous place on such property, a complaint stating in what respects such structure or premises is unfit for use, is improperly maintained, or is substandard. If the address of any such person is unknown and cannot be ascertained by the inspector in the exercise of reasonable diligence, he/she shall make an affidavit to that effect. Then the serving of such complaint or order upon such person may be made either by personal service or by mailing a copy of the complaint and order by certified mail, postage prepaid, return receipt requested, to such person at the address of the property involved in the proceedings, and by mailing a copy of the complaint and order by first class mail to any address of such person in the records of the Whatcom County assessor. Such complaint shall contain a notice that a hearing will be held before the inspector at a place therein fixed not less than 10 days, nor more than 30 days after the service of such complaint, and that all parties in interest shall be given the right to file an answer to the complaint, to appear in person or otherwise, and to give testimony at the time and place fixed in the complaint. A copy of such complaint shall also be filed with the Whatcom County auditor, and such filing of the complaint or order shall have the force and effect of lis pendens. (Ord. 2223 § 2, 1995)

8.14.070 Hearings before the inspector.

A. Unless, prior to the time fixed for hearing in the complaint issued by the inspector, arrangements satisfactory to the inspector for the vacation, closure, demolition, removal, repair, alteration or improvement of the structure or premises are made, including properly filed application(s) for permit(s), the inspector shall hold a hearing for the purpose of determining the immediate disposition of the structure or premises.

B. The rules of evidence prevailing in courts of law or equity shall not be controlling at the hearing before the inspector.

C. If, after the required hearing, the inspector determines that a structure or premises is unfit for use, improperly maintained, or substandard, he/she shall state in writing his/her findings of fact in support of such determination, and shall issue and cause to be served upon the owner and any other interested persons appearing in person at the hearing a copy of such findings and order in the manner provided in BMC 8.14.060. The inspector shall also post the order in a conspicuous place on said property:

1. Requiring the owner and/or parties in interest, within the time specified in the order, to vacate, close, demolish, remove, repair, alter and/or improve such structure or premises to render it fit for use, properly maintained or in compliance with standards; or

2. Requiring the owner or party in interest to abate the nuisance and setting out generally those steps necessary to render the structure or premises fit for use and properly maintained; or

3. Stating that an annual inspection fee has been assessed against a structure until such time as it is reoccupied or demolished.

In addition, such order shall state that the owner has the right to appeal to the hearing examiner within 10 days, and unless the owner does appeal or comply with the order, the city shall have the power, without further notice or proceedings, to do any act required of the owner in the order of the inspector, and to charge any expenses incurred thereby to the owner and assess them against the property.

D. If no appeal is filed, a copy of such order shall be filed with the Whatcom County auditor and shall be a final order. (Ord. 2507 § 2, 2002; Ord. 2223 § 2, 1995)

8.14.080 Hearings before the hearing examiner.

A. The purpose of the hearing examiner in this process is to review the proceedings and orders of the inspector and to affirm, modify or vacate such orders.

B. Within 10 days from the date of service and posting of an order of the inspector, an owner may file an appeal with the hearing examiner by filing a written notice of appeal with the inspector and the hearing examiner specifying his/her reasons for claiming that the findings or order of the inspector are erroneous. Notice of the time and place of the hearing shall be served as provided at BMC 8.14.060. The matter of the appeal will be scheduled for a hearing before the hearing examiner so as to allow 10 days’ notice of the hearing to the appellant and all interested parties and to permit the final decision thereon to be made within 60 days after the filing of the appeal. The filing of the notice of appeal shall stay the order of the inspector, except necessary temporary emergency measures, such as securing of a structure, to minimize any imminent danger to the public health or safety.

C. At hearing of the appeal, the hearing examiner shall consider the file of the proceedings before the inspector and such other evidence as it may allow to be presented. After the hearing, the hearing examiner may affirm, modify or vacate the order of the inspector, or may continue the matter for further deliberation or presentation of additional evidence. Normally the hearing examiner will not accept new evidence or evidence not made available to the inspector in the absence of good cause. The hearing examiner’s review is on the record rather than de novo. A record of the proceedings shall be made and kept for one year or until the matter is final, whichever is longer. The hearing examiner shall cause his/her findings of fact and order to be made in writing; provided, the hearing examiner may adopt the findings and order of the inspector, or so much thereof as supports its decision. Such findings and order shall be served and posted in the same manner as an order of the inspector. In addition, such notice shall state that the owner has the right to file an appeal with the superior court of Whatcom County for a review of the proceedings on the record before the hearing examiner within 30 days after posting and service of the order to determine whether the action of the hearing examiner has been arbitrary, capricious or contrary to law.

D. Any action taken by the hearing examiner shall be final no later than 60 days after the filing of the notice of appeal, unless continued with consent of the owner. In the event that the hearing examiner fails to reach a decision or continues the hearing beyond 60 days from the filing of the appeal without consent of the owner, the inspector’s findings and order shall become the findings and order of the hearing examiner, and shall be final and subject to petition to the superior court. (Ord. 2507 § 2, 2002; Ord. 2223 § 2, 1995)

8.14.090 Enforcement.

A. The order of the inspector or the hearing examiner may prescribe times within which the required action shall be commenced or complete.

B. If action ordered by the inspector or the hearing examiner is not taken within the time prescribed, or if no time is specified, within the time for appeal, the inspector or the hearing examiner may cause the action to be taken by the city.

C. If the inspector or the hearing examiner deems it necessary to have a structure or premises secured as an interim measure for the protection of the public health, safety or welfare while action is pending, either may so order. If the owner is unable or unwilling to secure the building within 48 hours, the inspector or the hearing examiner may order the building secured by the city.

D. If the owner is unable to comply with the inspector’s or the hearing examiner’s order for good and sufficient cause beyond his/her control, within the time required, and the time for appeals to the hearing examiner or petition to the court has passed, he/she may request in writing an extension of time. The inspector or the hearing examiner may grant a reasonable extension of time after a finding that the delay was beyond the control of the owner(s). There shall be no appeal or petition from the ruling on an extension of time. (Ord. 2507 § 2, 2002; Ord. 2223 § 2, 1995)

8.14.100 Costs.

A. The costs to vacate, close, demolish, remove, repair, alter and/or improve property, when borne by the city, shall be assessed against the real property upon which such costs were incurred unless paid by the owner or other parties in interest. The inspector or the hearing examiner shall forward an accounting of such costs to the city treasurer, who shall certify them to the Whatcom County treasurer for assessment on the tax rolls against the property for the current year. The same shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates and in such manner as is specified in RCW 84.56.020, as it now exists or is hereafter amended, for delinquent taxes. Such amount shall be collected for the benefit of the city’s general fund as prescribed by RCW 35.80.030(h) as it now exists or is hereafter amended, and/or this chapter.

B. The value of materials or other salvage value of property, if any, shall be credited against the costs of demolition or removal.

C. There shall be charged against the owner and assessed against the property of any boarded-up structure an annual inspection fee or $120.00. Such fee shall be payable at the time the structure becomes a boarded-up structure. The hearing examiner or inspector shall order a refund of the proportional amount not due if the structure is reoccupied, demolished or removed. Subsequent annual fees shall be payable before the preceding annual fee has been exhausted. The inspector or hearing examiner may waive the inspection fee if the structure does not remain a boarded-up structure for more than six months. In other cases, the hearing examiner or inspector may reduce or modify the time and method of payment of the fee as the condition of the property or the circumstances of the owner may warrant.

D. Whenever a structure or premises is found to be unfit for use, improperly maintained, or substandard and the costs to vacate, close, demolish, remove, repair, alter and/or improve the property must be borne by the city, there shall be charged against the owner and assessed against the property the costs of all administrative proceedings before the inspector and the hearing examiner, including salaries, wages, material and other expenses incurred for inspecting, conducting hearings or otherwise determining the status of the property.

E. The inspector or the hearing examiner may modify the time or methods of payment of such expenses as the condition of the property and the circumstances of the owner may warrant. In cases of extreme hardship, such expenses may be waived. (Ord. 2507 § 2, 2002; Ord. 2223 § 2, 1995)

8.14.110 Permits required.

The owner must obtain all permits that are required by applicable laws to comply with orders of the inspector or hearing examiner. (Ord. 2507 § 2, 2002; Ord. 2223 § 2, 1995)

8.14.120 Penalties.

A. It shall be unlawful and a violation of this chapter to knowingly:

1. Occupy or suffer to be occupied any structure or premises ordered vacated or closed; or

2. Fail to comply with any order issued pursuant to this chapter; or

3. Obstruct any officer or agent of the city or other governmental unit in the enforcement of this chapter.

B. The initial violation of this chapter is an infraction punishable by a fine of not more than $250.00. The second violation constitutes a misdemeanor, punishable by a maximum fine of $500.00 or 90 days imprisonment, or both such fine and imprisonment at the discretion of the court. A third or subsequent offense is a misdemeanor, punishable by a maximum fine of $1,000 or one year in jail, or both such fine and imprisonment, at the discretion of the court. Each day that such violation is allowed to continue shall be considered a separate and additional violation of this chapter. (Ord. 2223 § 2, 1995)

8.14.130 Emergencies.

The provisions of this chapter shall not prevent the inspector or any other officer of the city or other governmental unit from taking any other action, summary or otherwise, necessary to eliminate or minimize an imminent danger to the health or safety of any person or property. (Ord. 2223 § 2, 1995)

Chapter 8.16
LITTER CONTROL*

Sections:

8.16.010 Short title.

8.16.020 Purpose.

8.16.030 Definitions.

8.16.040 Disposal of litter.

8.16.050 Receptacles – Required.

8.16.060 Receptacles – Use.

8.16.070 Receptacles – Damaging.

8.16.080 Receptacles – Removal of litter.

8.16.090 Vehicle and watercraft litter bags.

8.16.100 Sweeping into gutter or street – Sidewalk maintenance.

8.16.110 Sidewalk maintenance – Merchant responsibility.

8.16.120 Maintenance of private property.

8.16.130 Handbills – Throwing or distributing.

8.16.140 Handbills – Placing on vehicles.

8.16.150 Handbills – Vacant or uninhabited property.

8.16.160 Handbills – Undesired.

8.16.170 Handbills – Manner of distribution to private residences.

8.16.180 Throwing litter from vehicles.

8.16.190 Loads on vehicles – Spreading sand or gravel.

8.16.200 Enforcement of receptacle requirements.

8.16.210 Enforcement generally.

8.16.220 Conflicting provisions.

8.16.230 Violation – Penalty.

* For general and prosecutorial provisions applicable to this chapter, see Chapter 9.04 BMC.

8.16.010 Short title.

This chapter shall be known and may be commonly referred to and cited as the “Uniform Litter Control Code.” (Ord. 1558 § 1, 1980; prior code § 6.11.010)

8.16.020 Purpose.

The purpose of the ordinance codified in this chapter is to accomplish litter control in the city and, pursuant to the general laws of the state, to adopt basically uniform and coordinated local litter-control legislation throughout the state. This chapter is intended to place upon all persons within the city, in a cooperative and coordinated state-wide effort, the duty of contributing to the public cleanliness of the city and appearance in order to promote the public health, safety and welfare and to protect the economic interests of the people of the city against unsanitary and unsightly conditions. It is further the intent of this chapter to protect the people against the health and safety menace and the expense incident to the littering of the streets and public places by the promiscuous and uncontrolled distribution of advertising matter and commercial and noncommercial handbills. (Ord. 1558 § 1, 1980; prior code § 6.11.210)

8.16.030 Definitions.

As used in this uniform litter control code, unless the context clearly indicates otherwise, the following terms have the following meanings:

A. “Commercial handbill” is any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature, excluding newspapers:

1. Which advertises for sale any merchandise, product, commodity or thing; or

2. Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or

3. Which directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind, for which an admission fee is charged for the purpose of private gain or profit; by the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition or event of any kind, when either of them is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; provided, that nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind without a license, where such license is or may be required by any law of this state, or under any ordinance of this city; or

4. Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.

B. “Highway” is synonymous with and includes “street,” “road” and “alley.”

C. “Litter” means all solid wastes, including but not limited to containers, packages, wrapping, printed matter or other material thrown or deposited as prohibited in this chapter, but not including the wastes of the primary processes of mining, logging, sawmilling, farming or manufacturing.

D. “Litter bag” means a bag, sack or other container made of any material which is large enough to serve as a receptacle for litter inside the vehicle or watercraft of any person.

E. “Litter receptacle” means those containers meeting minimum requirements of state regulations of the state Department of Ecology.

F. “Newspaper” means any newspaper of general circulation as defined by general law, any newspaper duly entered with the United States Postal Service in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by the general law; and, in addition, means and includes any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.

G. “Noncommercial handbill” means any printed or written matter, any sample, or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature not included in the definitions of “commercial handbill” or “newspaper” in this section.

H. “Park” means a park, reservation, playground, bench, recreation center or any other area in the city devoted to active or passive outdoor recreation.

I. “Person” means any individual, political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm or other entity whatsoever.

J. “Private residence” means any privately owned yard, grounds, walk, driveway, dwelling, house, building or other structure, including appurtenant porches, steps or vestibules, used or designed, whether wholly or in part, for private residential purposes, whether single-family, duplex or multiple, and whether inhabited or temporarily or continuously uninhabited or vacant.

K. “Public place” means any area that is used or held out for use by the public, whether owned or operated by public or private interests.

L. “Road” is synonymous with and includes “street,” “highway” and “alley.”

M. “Solid waste” means all putrescible and nonputrescible solid and semisolid wastes, including garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities.

N. “State regulations” means the regulations duly promulgated and adopted by the state Department of Ecology pursuant to Chapter 34.04 RCW and codified or prepared for codification as part of the Washington Administrative Code, copies of the applicable portions of which are attached to the ordinance codified in this chapter as Exhibit “A” and by this reference are incorporated in this chapter as if set forth in full.

O. “Street” is synonymous with and includes “road,” “highway” and “alley.”

P. “Vehicle” includes every device capable of being moved upon a public street and in, upon or by which any person or property is or may be transported or drawn upon a public street, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.

Q. “Watercraft” means any boat, ship, vessel, barge or other floating craft. (Ord. 1558 § 1, 1980; prior code § 6.11.020)

8.16.040 Disposal of litter.

A. No person shall throw, drop, deposit, discard or otherwise dispose of litter upon any street, alley, sidewalk or any other public place in the city or upon a private residence or other private property not owned by him, or in any waters within the jurisdiction of the city, whether from a vehicle or otherwise, except:

1. When such property is designated by the state or by any of its agencies or the city for the disposal of garbage and refuse, and such person is authorized by the proper public authority to so use such property; or

2. Into a litter receptacle or other container in such manner that the litter will be prevented from being carried away or deposited by the elements upon any part of the public place, private residence or other private property; or

3. When such person is the owner or does have control or custody of the property, or has prior consent of the owner or tenant in lawful possession of such property, or unless the act is done under the personal direction of the owner or tenant and provided the litter will not cause a public nuisance or be in violation of any other state or local laws, rules or regulations.

B. Any person violating the provisions of this section is guilty of a misdemeanor and the fine or bail forfeiture for such violation shall not be less than $10.00 for each offense, and, in addition, in the sound discretion of the court, such person may be directed by the court to pick up and remove and remove from any public place or any private residence or other property, with permission of the legal owner or other person having legal possession, upon which it is established by competent evidence that such person has deposited litter, any and all litter deposited thereon by anyone prior to the date of execution of sentence. (Ord. 1558 § 1, 1980; prior code § 6.11.030)

8.16.050 Receptacles – Required.

A. Litter receptacles shall be placed in all parks, trailer parks in respect to the service of transient habitation, gasoline service stations, tavern parking lots, shopping centers, grocery store parking lots, marinas, boat launching areas, beaches, bathing areas and other such public places in numbers appropriate to need as specified by state regulation.

B. It shall be the responsibility of any person owning or operating any establishment or public place in which litter receptacles are required by this section to procure and place and maintain such litter receptacles at their own expense on the premises in accord with such state regulations.

C. Any person who fails to place such litter receptacles on the premises in the numbers and design required by state regulation, violating the provisions of this section, shall be subject to a fine of $10.00 for each day of violation. (Ord. 1558 § 1, 1980; prior code § 6.11.040)

8.16.060 Receptacles – Use.

A. Persons placing litter in litter receptacles shall do so in such manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private residence or other private property.

B. Litter receptacles placed on sidewalks and other public places shall be used only for such litter material as persons may have for disposal while passing along the street or other public places and in no event shall be used for the disposal of other solid waste accumulated in residences or places of business. (Ord. 1558 § 1, 1980; prior code § 6.11.050)

8.16.070 Receptacles – Damaging.

If is unlawful for any person to willfully damage or deface any litter receptacle of another person. (Ord. 1558 § 1, 1980; prior code § 6.11.060)

8.16.080 Receptacles – Removal of litter.

It shall be the responsibility of the local municipality, or other agency or person owning or maintaining the same for the removal of litter from litter receptacles placed in parks, beaches, campgrounds and other public places. (Ord. 1558 § 1, 1980; prior code § 6.11.070)

8.16.090 Vehicle and watercraft litter bags.

The owner and person in possession of all vehicles or watercraft shall keep and use a litter bag in the vehicle or watercraft at all times, which litter bag shall be maintained in such vehicle or watercraft in a place in which it may be viewed from the outside of such vehicle or watercraft whether or not the vehicle or watercraft is locked or otherwise secured from entry. (Ord. 1558 § 1, 1980; prior code § 6.11-.080)

8.16.100 Sweeping into gutter or street – Sidewalk maintenance.

No person shall sweep into or deposit in any gutter, street, alley or other public place the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalks in front of their premises free of litter. (Ord. 1558 § 1, 1980; prior code § 6.11.090)

8.16.110 Sidewalk maintenance – Merchant responsibility.

No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the city shall keep the sidewalk in front of their business premises free of litter. (Ord. 1558 § 1, 1980; prior code § 6.11.100)

8.16.120 Maintenance of private property.

The owner or person in control of any private residence or other private property shall at all times maintain the premises free of litter. (Ord. 1558 § 1, 1980; prior code § 6.11.110)

8.16.130 Handbills – Throwing or distributing.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the city, nor shall any person hand out or distribute or sell any commercial handbill in any public place; provided, however, that it shall not be unlawful on any sidewalk, street or other public place within the city for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it. (Ord. 1558 § 1, 1980; prior code § 6.11.120)

8.16.140 Handbills – Placing on vehicles.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute, without charge to the receiver thereof, a noncommercial handbill to any occupant of any vehicle who is willing to accept it. (Ord. 1558 § 1, 1980; prior code § 6.11.130)

8.16.150 Handbills – Vacant or uninhabited property.

No person shall throw of deposit any commercial or noncommercial handbill in or upon any private residence or other private property which is temporarily or continuously uninhabited or vacant. (Ord. 1558 § 1, 1980; prior code § 6.11.140)

8.16.160 Handbills – Undesired.

No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private residence or other private property, if requested by anyone thereon not to do so, or if there is placed on the residence or property in a conspicuous position near the entrance thereof, a sign bearing the words: “No Trespassing,” “No Peddlers or Agents,” “No Advertisement,” or any similar notice, indicating in any manner that the occupants of the residence or property do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises. (Ord. 1558 § 1, 1930; prior code § 6.11.150)

8.16.170 Handbills – Manner of distribution to private residences.

A. No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private residence which is inhabited, except by handling or transmitting any such handbill directly to the owner, occupant or other person then present in or upon such private residence; provided, however, that in case of an inhabited private residence which is not posted, as provided in this chapter, such person, unless requested by anyone upon such residence not to do so, may place or deposit any such handbill in or upon such inhabited private residence, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such residence or sidewalks, streets or other public places, and except that mailboxes may not be so used when so prohibited by federal postal law or regulations.

B. The provisions of this section shall not apply to the distribution of mail by the United States, nor to newspapers as defined in this chapter, except that newspapers shall be placed on private residences or other private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private residences or other private property, (Ord. 558 § 1, 1980; prior code § 6.11.160)

8.16.180 Throwing litter from vehicles.

No person, while a driver or passenger in a vehicle, shall throw or otherwise deposit litter upon any street or other public place or upon any private residence or private property. (Ord. 1558 § 1, 1980; prior code § 6.11.170)

8.16.190 Loads on vehicles – Spreading sand or gravel.

A. No vehicle shall be driven or moved on any public street unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, shifting, leaking or otherwise escaping therefrom, except that sand or gravel may be dropped for the purpose of securing traction, or water or other substances may be sprinkled on a roadway surface in the cleaning or maintaining of such roadway by public authority having jurisdiction for the same or by persons under contract or other authorization by such public authority.

B. Any person owning or operating a vehicle from which any glass or other objects of its load have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon such public street shall immediately cause the public street to be cleaned of all such glass or other objects and shall pay any cost therefor. (Ord. 1558 § 1, 1980; prior code § 6.11.180)

8.16.200 Enforcement of receptacle requirements.

A. At such times as the fire department or other local fire-control agency makes routine or other fire inspections within the city, it shall also be the duty of the fire department to inspect all such inspected premises to assure compliance with the requirements for placing and maintaining litter receptacles as required by this chapter. In the event violations of this chapter are found, members of the fire department are authorized to issue citations and any other legal process authorized in this chapter as in the case of police and other law enforcement personnel.

B. The building department shall not approve occupancy of any building, structure or other improvement for new construction or modification to any existing building, structure or other improvement for which a building permit is required, nor give final inspection approval to any such building, structure or other improvement, until litter receptacles as required in this chapter have been set in place on the subject property. In the event violations of this chapter are found, members of the building department are authorized to issue citations and other legal process authorized in this chapter as in the case of police and other law enforcement personnel. (Ord. 1558 § 1, 1980; prior code § 6.11.190)

8.16.210 Enforcement generally.

Enforcement of this chapter may be by any police officer or other law enforcement officer, fire department and building department personnel, jurisdictional health department personnel, and those public employees charged with the responsibility of operating and maintaining all public places within the provisions of this chapter. All such enforcement officers are empowered to issue citations to and/or arrest without warrant persons violating the provisions of this chapter. The enforcement officers may serve and execute all warrants, citations and other process issued by the courts. In addition, mailing by registered mail of such warrant, citation or other process to the last known place of residence of the offender shall be deemed as personal service upon the person charged. Nothing herein shall be construed to prohibit citizens’ complaints or arrests as may be otherwise permitted under applicable state regulations, state statutes, ordinance or court rule. (Ord. 1558 § 1, 1980; prior code § 6.11.200)

8.16.220 Conflicting provisions.

In the event any city ordinance, whether or not codified, is in conflict with any of the terms of this chapter, the more stringent shall be construed as applicable. (Ord. 1558 § 1, 1980; prior code § 6.11.230)

8.16.230 Violation – Penalty.

Every person convicted of a violation of this chapter for which no penalty is specifically provided within the specific section violated shall be punished by a fine of not less than $10.00 for each such violation. Each day that such violation continues shall be considered a separate offense. (Ord. 1558 § 1, 1980; prior code § 6.11.240)

Chapter 8.24
WEED CONTROL

(Repealed by Ord. 2223)

Chapter 8.28
HARBOR REGULATIONS

Sections:

8.28.010 Regulations adopted.

8.28.020 Violation – Penalty.

8.28.010 Regulations adopted.

There is adopted Resolution No. 815 and 815A of the Port of Bellingham, annexed hereto, in place of the repealed Chapter 8.28 BMC. (Ord. 1735 § 1, 1984)

8.28.020 Violation – Penalty.

Pursuant to RCW 53.08.220, the violation of the provisions of this chapter and regulations are as follows:

The violation of these regulations is a misdemeanor which shall be redressed in the same manner as other police regulations of the city of Blaine, and it shall be the duty of all law enforcement officers to enforce such regulations accordingly; provided, that violation of a regulation relating to traffic including parking, standing, stopping, and pedestrian offenses is a traffic infraction, except that a violation of a regulation equivalent to those provisions of RCW Title 46 set forth in RCW 46.63.020 remains a misdemeanor. (Ord. 1735 § 2, 1984)

Chapter 8.30
ADULT ENTERTAINMENT BUSINESSES

Sections:

8.30.010 Purpose and intent.

8.30.020 Definitions.

8.30.030 License – Application.

8.30.040 Processing of application.

8.30.050 Issuance of license.

8.30.060 License fee and expiration.

8.30.070 License for managers and entertainers of adult cabarets and adult arcades required – Fee.

8.30.080 License nontransferable.

8.30.090 Adult cabarets – Requirements.

8.30.100 Adult arcades – Standards.

8.30.110 Exceptions.

8.30.120 Recordkeeping requirements.

8.30.130 Inspection.

8.30.140 Suspension or revocation of license.

8.30.150 Appeals.

8.30.160 Application to existing businesses.

8.30.170 Chapter nonexclusive.

8.30.180 Violation – Penalty.

8.30.190 Nuisance.

8.30.200 Severability.

8.30.210 Liability.

8.30.220 No warning system or device.

8.30.010 Purpose and intent.

It is the purpose of this chapter to regulate adult entertainment businesses and related activities to promote the health, safety, morals and welfare of the citizens of the city of Blaine, and to establish reasonable and uniform regulations to prevent the adverse secondary effects of these businesses on the community. It is not the intent of this chapter to impose any limitation or restriction on the content of any communicative materials, to restrict or deny access by adults to adult entertainment protected by the State or Federal Constitutions, or to deny access of the distributors and exhibitors of adult entertainment to the market. It is not the intent of this chapter to condone or legitimize the distribution of obscene materials. (Ord. 2382 § 1, 1998)

8.30.020 Definitions.

A. “Adult entertainment business” means any commercial premises to which any person is invited or admitted which regularly depicts, displays or describes “specified sexual activities” or “specified anatomical areas” as a substantial or regular part of the premises activity, including any of the following:

1. “Adult arcade” means an establishment which does not meet the definition of “adult motion picture theater” to which any person is admitted or invited where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, arranged or situated for viewing of the image produced thereby by 49 or fewer persons each, are regularly used to show films, motion pictures, video cassettes, slides or other photographic reproductions, which are characterized by the depiction of “specified sexual activities” or “specified anatomical areas.”

2. “Adult cabaret” means a nightclub, bar, restaurant, theater, hall, studio, or similar commercial establishment which regularly features persons who appear nude or live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities” or by “specified sexual exhibitions.”

3. “Adult motion picture theater” means a commercial establishment which meets the requirements of Section 3.03 of the Uniform Building Code (UBC), as adopted and amended, where seating, is provided for 50 or more persons and where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions, which are characterized by the depiction of “specified anatomical areas or specified sexual activities”, are regularly shown.

4. “Adult motel” means a hotel, motel, or similar commercial establishment which regularly:

a. Offers accommodations to the public for any form of consideration, and regularly provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions, which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”, and has a sign visible from a public right-of-way which advertises the availability of this adult type of photographic reproductions; or

b. Offers a sleeping room for rent for a period of time that is less than 10 hours; or

c. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.

5. “Adult book store” means a retail establishment selling or renting for viewing or use, off the premises, any books, magazines, videos, CD-ROMs, posters, cards, or other motion pictures or printed matter which depict, describe or simulate specified anatomical areas or specified sexual activities.

B. “Applicant” means the individual or entity seeking the adult entertainment business license from the city of Blaine.

C. “Applicant control persons” means all partners, corporate officers and directors and any other individuals in the applicant’s business organization who hold a significant interest in the adult entertainment business, based on responsibility for management of that business.

D. “Entertainer” means any person who appears nude or who performs any exhibition or dance characterized by the exposure of “specified anatomical areas” or “specified sexual activities” or “specified sexual exhibitions” at any adult entertainment business.

E. “Manager” means any person who manages, directs, administers, or is in charge of the activities in and/or conduct of any adult entertainment business.

F. “Nude or state of nudity” means the appearance of less than completely and opaquely covered human buttock, anus, pubic, region, male genitals, female genitals, or the female breast below a point immediately above the areolae.

G. “Operator” means the owner, licensee, operator, and/or person in control of any adult entertainment business.

H.  1. “Specified anatomical areas” means any of the following:

a. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the areolae; or

b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

2. “Specified sexual activities” means any of the following:

a. The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts; or

b. Acts of human sex, actual or simulated, including intercourse, oral copulation, or sodomy; or

c. Human masturbation, actual or simulated; or

d. Excretory functions as part of or in connection with any of the activities set forth in subsections (2)(a) through (c) of this section.

3. “Specified sexual exhibitions” means any exhibition, performance or dance which is intended to sexually stimulate any member of the public and which is conducted on a regular basis or as a substantial part of the premises activity. This includes, but is not limited to, any such exhibition, performance or dance performed for, arranged with or engaged in with fewer than all members of the public on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance and which is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing, or straddle dancing. (Ord. 2422 § 1, 1999; Ord. 2382 § 1, 1998)

8.30.030 License – Application.

An application for an adult entertainment license shall be made on a form provided by the city. A separate license shall be obtained for each category of business defined in BMC 8.30.020(A) and for each location. Any applicant desiring to operate an adult entertainment business shall file with the city clerk the original and two copies of a completed and sworn license application together with the following information:

A. Name, any aliases or previous names, driver’s license number, federal tax identification number (unless a natural person), and business, mailing and residential address for each applicant and applicant control persons.

B. Proof that each applicant and applicant control persons have attained the age of 18 years.

C. If applicant is a partnership, whether general or limited; and if a corporation, the date and place of incorporation, evidence that it is in good standing under the laws of the state of incorporation, and the name and address of any registered agent for service of process within the state of Washington.

D. Whether the applicant or any applicant control persons hold any other licenses under this chapter or any similar adult entertainment or sexually oriented business ordinance from another city or county, and, if so, the names and addresses of such other licensed businesses.

E. The single classification of license requested.

F. The location of the proposed adult entertainment business, including a legal description of the property, street address, and telephone number, together with the name and address of each owner and lessee of the property.

G. Two two-inch by two-inch photographs of each applicant (if a natural person) and applicant control persons taken within six months of the date of application, showing only the full face.

H. A complete set of fingerprints for each applicant (if a natural person) and applicant control persons on forms prescribed by the director of public safety.

I. A scale drawing or diagram showing the configuration of the premises for the proposed adult entertainment business, including a statement of the total floor space occupied by the business, and marked dimensions of the interior of the premises. Performance areas, seating areas, manager’s offices and stations, restrooms and service areas shall be clearly marked on the drawing. An application for a license for an adult cabaret or adult arcade shall include building plans which demonstrate conformance with the requirements of BMC 8.30.090 or 8.30.100, respectively.

J. A nonrefundable application fee in the amount of $100.00 shall be paid at the time of filing an application in order to defray the costs of processing the application.

K. Each applicant shall verify, under penalty of perjury, that the information contained in the application is true. (Ord. 2382 § 1, 1998)

8.30.040 Processing of application.

Upon receipt of a complete application and application fee the clerk or designee shall provide copies of the application to the police, planning and fire departments for their investigation and review to determine compliance of the proposed business with the laws and regulations which the department administers.

A department shall recommend denial of a license under this chapter if it finds that the proposed business is not in conformance with the requirements of any provision of any statute, code, ordinance, regulation or other law in effect in the city. A recommendation for denial shall cite the specific reason therefor, including applicable laws. (Ord. 2382 § 1, 1998)

8.30.050 Issuance of license.

The clerk shall grant or deny an adult entertainment license within 30 days from the date the complete application and fee were received, unless the applicant has requested and been granted an extension of time by the clerk. If a license is not granted or denied within 30 days of proper filing, the applicant may, subject to all other applicable laws, operate the business for which the license was sought until notified by the clerk or designee that the license has been denied.

An adult entertainment license shall be granted by the clerk unless one or more of the following grounds for denial is present, in which case the license shall be denied:

A. An applicant has failed to provide information required under this chapter for the issuance of the license; or

B. An applicant has provided false information on the application form or supporting documentation; or

C. The applicant has failed to permit entry onto the premises for city representatives for the purpose of determining whether they are in compliance with the provisions of this chapter and with health, fire, building and land use codes of the city; or

D. The clerk or the head of the police, planning or fire departments has determined that the proposed business does not comply with the requirements of this chapter or with a specified, applicable law or regulation.

The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the licensed adult entertainment business. One photograph of the applicant (if a natural person) shall be affixed to the license. The permit shall be posted in a conspicuous place at or near the entrance to the adult entertainment business so that it can be easily read at any time the business is open. (Ord. 2382 § 1, 1998)

8.30.060 License fee and expiration.

The annual fee for an adult entertainment license for an adult cabaret shall be $500.00. The annual fee for an adult entertainment license for all other adult entertainment businesses shall be $125.00. These fees shall be used to help defray the costs of administering this chapter.

Each license shall expire annually on December 31st and must be renewed by January 1st. An application for license renewal shall contain such information as is necessary to update the application information provided pursuant to BMC 8.30.030.

Where a license becomes effective on a date other than January first, the license fee shall be pro-rated on a quarterly basis. The pro-rated fee shall include full payment for the calendar quarter in which the license becomes effective and for each calendar quarter thereafter, to the end of the year. (Ord. 2382 § 1, 1998)

8.30.070 License for managers and entertainers of adult cabarets and adult arcades required – Fee.

No person shall work as a manager at an adult cabaret or adult arcade without first obtaining a manager’s license from the city. No person shall work as an entertainer at an adult cabaret without first obtaining an entertainer’s license from the city. Each applicant for an entertainer’s or manager’s license shall complete an application on forms provided by the city containing the information identified in BMC 8.30.030(A), (B), (D), (E), (G), (H) and (K). A nonrefundable application fee shall accompany the application in an amount established in BMC Title 5. A copy of the application shall be provided to the police department for its review, investigation and recommendation, which shall be provided to the clerk within two business days of the date the complete application was filed.

An applicant for a manager’s or entertainer’s license shall be issued a temporary license upon receipt of the completed application and fee. The temporary license shall be valid until the clerk grants or denies the application, and if denied, all available appeals have been resolved. A manager’s or entertainer’s license shall be granted by the clerk within two business days of receipt of a complete application and fee unless the applicant fails to provide the required information, makes false statements on the application or in accompanying documentation, or is under the age of 18 years, in which case it shall be denied.

A manager’s or entertainer’s license expires annually on December 31st and must be renewed by January first. The annual fee for this license shall be established in BMC Title 5, which amount shall be used to help defray the cost of administration of this section. An application for renewal shall contain such information as is necessary to update the information required for the original license application.

Each manager’s and entertainer’s license shall be conspicuously displayed in the adult cabaret at or near the main entrance so that it may be easily read at all times the manager or entertainer is working or performing in the cabaret. Each license shall contain the name of the licensee and date of expiration. One photograph of the licensee shall be affixed to the license. (Ord. 2413 § 1, 1999; Ord. 2382 § 1, 1998)

8.30.080 License nontransferable.

No license issued pursuant to this chapter shall be transferable. (Ord. 2382 § 1, 1998)

8.30.090 Adult cabarets – Requirements.

The following requirements shall apply to all adult cabarets within the city:

A. Nude Dancing Prohibited in Establishments Offering Alcoholic Beverages. Nude dancing or the performance of any exhibition or dance characterized by the exposure of “specific anatomical areas” or “specified sexual activities” as defined in this chapter shall be prohibited within the city of Blaine in any establishment, business, adult arcade, adult cabaret and or at any commercial event or function of any nature where alcoholic beverages are served.

B. Manager on Premises.

1. A licensed manager shall be on duty at an adult cabaret business premises at all times any person appears nude or any live performance which is characterized by the exposure of “specified anatomical areas” or by “specified sexual activities” or by “specified sexual exhibitions” is provided. Where there is more than one performance area, or the performance area is of such size or dimension that one manager is unable to visually observe, at all times, each person appearing nude or exhibiting “specified anatomical areas” or “specified sexual activities” or “specified sexual exhibitions”, a licensed manager shall be provided for each performance area or portion of a performance area visually separated from other portions of the performance area. The licensed manager(s) shall maintain visual contact with each entertainer at all times the entertainer is present in the public, performance or customer areas of the adult cabaret.

2. The licensed manager on duty shall not be an entertainer.

3. It shall be the responsibility of the manager to verify that any entertainer who works or appears within the premises possesses a current and valid entertainer’s license posted in the manner required by this chapter and that each entertainer conforms to the standards of conduct and other requirements of this chapter.

4. The name of the manager on duty shall be prominently displayed during business hours.

C. Premises – Specifications.

1. The portion of the adult cabaret premises in which any person appears nude or where any live performance characterized by the exposure of “specified anatomical areas” or the depiction of “specified sexual activities” or “specified sexual exhibitions” is conducted shall be a stage or platform at least 18 inches in elevation above the level of the patron seating areas, and shall be separated by a distance of at least 10 feet from all areas of the premises to which patrons have access (“performance area”). A continuous railing at least three feet in height and located on the floor at least 10 feet from all points of the performance area shall separate the performance area and the patron areas.

2. Sufficient lighting shall be provided and equally distributed throughout the parts of the premises which are open to and used by patrons so that all objects are plainly visible at all times and so that a program, menu or list printed in eight-point type may be read by a person with normal vision.

D. Standards of Conduct. The following standards of conduct must be adhered to by patrons, entertainers, managers and employees of adult cabarets at all times live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities” or by “specified sexual exhibitions” or persons appearing nude are provided.

1. No employee or entertainer shall appear nude on any part of the premises open to view of patrons or other members of the public, except on or in the performance area.

2. No patron or customer shall go into or upon the performance area while live adult entertainment including the exhibition of “specified anatomical areas” or “specified sexual activities” or “specified sexual exhibitions” is being performed, or when any employee or entertainer is within the performance area.

3. No person shall allow, encourage, or knowingly permit any person upon the premises to touch, caress, or fondle the breasts, buttocks, anus, pubic area, or genitals of any other person in any area of the premises open to the public or to patrons.

4. No person shall allow, encourage, or permit physical contact between an employee or entertainer and any member of the public or patron, which contact is intended to arouse or excite sexual desires.

5. No employee or entertainer shall perform acts of sexual intercourse, masturbation, bestiality, sodomy, oral copulation, flagellation, or any sexual acts which are prohibited by law, in or in view of any area of the premises open to members of the public or patrons.

6. No entertainer shall be visible from any public place outside the premises during the actual or apparent hours of his or her employment or performance on the premises.

7. No entertainer may receive or solicit payment of any tip, gratuity, or other compensation directly from any patron. Patrons may give tips, gratuities, or other compensation to a licensed manager for distribution to an entertainer.

8. Signs at least two-feet by two-feet, with letters at least one inch high, shall be conspicuously displayed in the public area of the premises stating the following:

THIS ADULT CABARET IS REGULATED BY THE CITY OF BLAINE.

ENTERTAINERS ARE:

(A) NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL CONDUCT.

(B) NOT PERMITTED TO APPEAR NUDE, EXCEPT ON STAGE.

(C) NOT PERMITTED TO PERFORM WITHIN 10 FEET OF PATRONS.

(D) NOT PERMITTED TO RECEIVE TIPS OR GRATUITIES DIRECTLY FROM PATRONS. ALL TIPS MUST BE GIVEN TO THE MANAGER FOR DISTRIBUTION TO ENTERTAINERS.

E. Age Requirement for Patrons. No person under the age of 18 years may be admitted to an adult cabaret. The licensed manager on duty shall be responsible for taking reasonable measures to ensure that each person admitted to the premises has attained the requisite age. Reasonable measures shall include requiring persons seeking admission to provide photo identification and proof of the required age in the form of a driver’s license, passport, or other form of identification issued by a federal, state or local government which indicates the name and date of birth of the person seeking admission.

F. Hours of Operation. No adult cabaret shall provide or allow live performances characterized by the exposure of “specified anatomical areas” or “specified sexual activities” or “specified sexual exhibitions” or persons appearing nude between the hours of 2:00 a.m. and 8:00 a.m. (Ord. 2382 § 1, 1998)

8.30.100 Adult arcades – Standards.

Adult arcades shall be required to conform to the following standards:

A. All viewing booths, rooms, cubicles, and other areas separated in any fashion from the public or common areas of the premises and utilized for the viewing of photographic reproductions or other images characterized by the depiction of “specified anatomical areas” or “specified sexual activities” shall be constructed, maintained and lighted so that the interior of the viewing booth is observable by direct line of sight by persons in the adjacent aisles or other open areas of the premises. The booths shall have walk-through entrances and no doors, screens, curtains or other encumbrances on the entrance. Any chair or seating surface in such viewing booth shall not provide a seating surface that is more than 20 inches in either length or width and shall not be higher than 20 inches from the floor. There shall be no more than one such chair or seating surface in any viewing booth. Interior walls must be solid with no openings of any nature whatsoever to allow contact with adjoining booths or any other portion of the premises.

B. The entire interior of the adult arcade shall be arranged in such a manner so that each viewing booth is entered from a continuous main aisle at least five feet in width. The view from the continuous main aisle of any person inside a station shall not be obstructed except by a door permitted in this section and in no event may the view from the continuous main aisle into the station be obstructed, or the station be designed in such a way as to prevent the determination of the number of persons therein. The entire floor area of the viewing booth must be level with the continuous main aisle. No steps or risers are allowed in any such booth.

C. Doors to areas on the premises which are available for use by persons other than the licensee or employees of the licensee shall not be locked during business hours.

D. All viewing booths, as defined in subsection A above, shall be maintained in a clean and sanitary condition at all times. All floors, walls and ceilings shall consist only of hard, cleanable surfaces. All booths shall be thoroughly cleaned with a diluted bleach solution whenever necessary for the removal of any potentially infectious materials (including, without limitation, semen, blood and vaginal secretions), but at least once daily. Any such potentially infectious materials, together with any cleaning rags, cloths or other implements, and any condoms, needles, or other items that may contain such potentially infectious materials, shall be placed in a properly labeled “medical waste” bag and disposed of pursuant to applicable laws or regulations.

E.  1. Booth occupancy is restricted to one person per booth. Specified sexual activities as defined herein are precluded in booths. The precluded activities shall include, but shall not be limited to, masturbation, fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts.

2. There shall be permanently posted and maintained in at least two conspicuous locations on the interior of every view booth a sign stating:

a. Masturbation in such booths is prohibited.

b. It is unlawful for more than one customer to occupy a viewing booth at any one time.

c. Violators are subject to criminal prosecution under the Revised Code of Washington and/or the Blaine Municipal Code.

Each sign shall be conspicuously posted. The letters shall be on a contrasting background and no smaller than three-fourths inch in height.

F. A licensed manager shall be on duty at all times that an adult arcade is open for business or allows the admission of any patron. The manager and the operator shall have a continuing duty to ensure compliance with the adult arcade standards set forth herein. It shall be unlawful for adult arcade operator, managers, employees or agents to knowingly allow specified sexual activities as defined herein to occur anywhere on the premises of an adult arcade establishment or any other establishment under their control.

G. Age Requirement for Patrons. No person under the age of 18 years may be admitted to an adult arcade. The licensed manager on duty shall be responsible for taking reasonable measures to ensure that each person admitted to the premises has attained the requisite age. Reasonable measures shall include requiring persons seeking admission to provide photo identification and proof of the required age in the form of a driver’s license, passport, or other form of identification issued by a federal, state or local government which indicates the name and date of birth of the person seeking admission. (Ord. 2382 § 1, 1998)

8.30.110 Exceptions.

This chapter shall not be construed to prohibit:

A. Plays, operas, musicals, and other dramatic works, exhibitions or dances which are not obscene;

B. Classes, seminars, and lectures held for serious scientific or educational purposes which are not obscene; or

C. Exhibitions, performances, expressions or dances that are not obscene.

These exemptions shall not apply to the sexual conduct described in RCW 7.48A.010(2)(b). Whether or not activity is obscene shall be judged by consideration of the following factors:

1. Whether the average person, applying contemporary community standards, would find that the activity taken as a whole appeals to a prurient interest in sex; and

2. Whether the activity depicts or describes in a patently offensive way, as measured against community standards, sexual conduct as described in RCW 7.48A.010(2)(b); and

3. Whether the activity taken as a whole lacks serious literary, artistic, political or scientific value. (Ord. 2382 § 1, 1998)

8.30.120 Recordkeeping requirements.

Each adult entertainment business shall maintain and retain for a period of two years the name, address and age of each person employed or otherwise retained or allowed to perform on the premises, including independent contractors and their employees, as an entertainer. This record shall be open to inspection by the police chief or designee during hours of operation of the business upon 24 hours’ notice to the licensee. (Ord. 2382 § 1, 1998)

8.30.130 Inspection.

In order to ensure compliance with this chapter all areas of licensed adult entertainment business premises which are open to the public or to customers or patrons, except adult motel sleeping rooms during the times such rooms are actually rented to customers, shall be open to inspection by the police chief or designee during the hours when the premises are open for business. (Ord. 2382 § 1, 1998)

8.30.140 Suspension or revocation of license.

A license granted under this chapter may be suspended or revoked by the clerk, after investigation and upon the recommendation of the city attorney, police chief, fire chief, director of planning and community development or the Whatcom County health officer, where one or more of the following conditions exist:

A. The license was procured by fraud or misrepresentation of a material fact in the application or in any supporting documentation; or

B. The business or business premises, entertainer or manager, after 30 days’ written notice of noncompliance, continues to be in violation of any provision of this chapter or of any other applicable law or regulation; or

C. The licensee, operator or any employee has knowingly allowed, in or upon the premises, any violation of BMC 8.30.090(C) or (D) or 8.30.100.

The clerk shall provide at least 10 days’ prior written notice to the licensee of the decision to suspend or revoke the license. Such notice shall inform the licensee of the right to appeal the decision to the city council as provided in this chapter, and shall state the effective date of such revocation or suspension and the grounds for revocation or suspension.

A license procured by fraud or misrepresentation shall be revoked. Where the conditions listed in subsections B or C of this section are found, the license shall be suspended for a period of 30 days upon the first such violation, 90 days upon the second violation within a 24-month period, and revoked for third and subsequent violations within a 24-month period, not including periods of suspension.

A licensee whose license has been revoked may re-apply for a new license one year after the effective date of the revocation. (Ord. 2382 § 1, 1998)

8.30.150 Appeals.

Any applicant or licensee aggrieved by a decision of the clerk regarding a license denial, refusal to renew, revocation or suspension may, within 10 days of the date of the written notice of such action, file with the clerk a notice of appeal to the city council. Such notice of appeal shall contain a concise statement of the action from which the appeal is taken, the grounds for the appeal, and the relief requested.

Within 10 days of receipt of a timely appeal the clerk shall forward to the city council the administrative record of the licensing decision to the city council.

The city council shall, within 30 days of the date the appeal was received by the clerk, hold a public hearing to consider the appeal. The appellant shall be provided at least seven days’ written notice of the date of the hearing. The city council’s review shall be de novo. The action of the clerk shall be stayed upon filing of the appeal, pending the decision of the city council.

The clerk shall have the burden of proof by a preponderance of the evidence in all appeals under this section. The decision of the city council shall be final. Any action to review the decision of the city council in superior court must be commenced within 14 days of the date of the decision of the city council. If a timely appeal to the superior court is commenced by a person aggrieved by a decision of the city council, the decision of the city council shall be stayed during the pendency of the appeal. (Ord. 2382 § 1, 1998)

8.30.160 Application to existing businesses.

Any adult entertainment business legally operating upon the effective date of the ordinance codified in this chapter shall be exempt from the application and license requirements for the remainder of 1998. Beginning January 1, 1999, all adult entertainment businesses and other licenses under this chapter shall be required to have a license as provided in this chapter. Any legally existing adult entertainment business whose premises are not in conformance with the requirements of this chapter shall be brought into conformance with this chapter within 30 days of the effective date of the ordinance codified in this chapter. All other provisions of this chapter shall apply to existing businesses upon the effective date of the ordinance codified in this chapter. (Ord. 2382 § 1, 1998)

8.30.170 Chapter nonexclusive.

The provisions of this chapter are in addition to all other regulations, statutes and ordinances. All adult entertainment businesses shall be required to obtain any licenses and to pay all taxes and fees required by other provisions of this code in addition to the license required in this chapter. (Ord. 2382 § 1, 1998)

8.30.180 Violation – Penalty.

Any person violating any provision of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $1,500, or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. Any person violating any of the provisions of this chapter shall also be subject to license suspension or revocation as provided in this chapter. (Ord. 2382 § 1, 1998)

8.30.190 Nuisance.

Any adult entertainment business operating in violation of this chapter shall be deemed a public nuisance. The city may, in addition to or in lieu of any other remedies set forth in this chapter, commence an action to enjoin or abate such nuisances in the manner provided by law. (Ord. 2382 § 1, 1998)

8.30.200 Severability.

If any portion of this chapter, or its application to any person or circumstance, is held invalid, the validity of the chapter as a whole, or any other portion thereof, and its application to other persons or circumstances shall not be affected. (Ord. 2382 § 1, 1998)

8.30.210 Liability.

It is 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 benefited by the terms of this chapter.

No provision or term in this chapter is intended to impose any duty whatsoever upon the city or any of its officers or employees to or for the benefit of any person or class of persons.

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, or its officers, employees or agents for any injury or damage resulting from the failure of any owner, operator, manager, or other person to comply with the provisions of this chapter, or by reason of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement pursuant to this chapter, or by reason of any action or inaction on the part of the city relegated in any manner to the enforcement of this chapter by its officers, employees or agents. (Ord. 2382 § 1, 1998)

8.30.220 No warning system or device.

No person may operate or maintain any warning system or device, of any nature or kind, for the purpose of warning or aiding and abetting the warning of patrons, members, customers, or any other person inside any adult entertainment business that police officers or city health, fire, licensing, or building inspectors are approaching or have entered the premises. (Ord. 2382 § 1, 1998)

Chapter 8.32
COMMUTE TRIP REDUCTION

Sections:

8.32.010 Purpose.

8.32.020 Definitions.

8.32.030 CTR plan for Whatcom County.

8.32.040 Interlocal agreement/responsible agency.

8.32.050 Administrative procedures.

8.32.060 Applicability.

8.32.070 Notification.

8.32.080 Schedule of penalties.

8.32.090 CTR appeals board.

8.32.100 Appeals process.

8.32.010 Purpose.

The purpose of this chapter is to establish CTR program requirements for affected employers within the city of Blaine. These requirements will promote alternative commute modes and reduce the vehicle miles traveled (VMT) per employee and the proportion of single occupant vehicle (SOV) trips, decreasing traffic congestion, automobile-related air pollution and energy use within the city of Blaine. (Ord. 2554 § 2, 2003; Ord. 2299 § 1, 1997. Formerly 16.28.010.)

8.32.020 Definitions.

For the purpose of this chapter, the following definitions shall apply in its interpretation and enforcement:

A. “Affected employee” means a full-time employee who begins his/her regular work day at a single worksite between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at least 12 continuous months. Seasonal agricultural employees, including seasonal employees of processors of agricultural products, and employees required to work rotating shifts are excluded from the count of affected employees.

B. “Affected employer” means a public or private employer that employs 100 or more affected employees at a single worksite who are scheduled to begin their regular work day between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at least 12 continuous months. Construction worksites, when the expected duration of the construction is less than two years are excluded from this definition.

C. “Alternate commute mode” means any means of commute transportation other than that in which the single occupant motor vehicle is the dominant mode including telecommuting and compressed work weeks if they result in reducing commute trips.

D. “Carpool” means a motor vehicle occupied by two to six people (age 16 and over) traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle commute trip.

E. “Commute trips” means trips made from a worker’s home to a worksite for a regularly scheduled work day beginning between 6:00 a.m. and 9:00 a.m. (inclusive) on weekdays. Commute trips are counted:

SOV	=	1 trip
2-person carpools	=	1/2 trip per employee
3-person carpools	=	1/3 trip per employee
4-person carpools	=	1/4 trip per employee
5-person carpools	=	1/5 trip per employee
6-person carpools	=	1/6 trip per employee
Vanpools (7 or more)	=	Zero trips
Transit	=	Zero trips
Walk/bike	=	Zero trips plus 20% credit
Telecommuting	=	Zero trips plus 20% credit
Compressed work week	=	Zero trips plus 20% credit for each commute trip eliminated

F. “CTR guidelines” means the official guidelines to the CTR Law (RCW 70.94.527) developed by the Washington State CTR Task Force.

G. “CTR plan” means the commute trip reduction plan for Whatcom County that describes how affected employers are to achieve reductions in the commute trip vehicle miles traveled (VMT) and the proportion of single occupant vehicle (SOV) commute trips per employee.

H. “CTR program” means an employer’s strategies to reduce SOV use and VMT per affected employee.

I. “Commute mode” means the means of transportation used by employees, such as single occupant motor vehicle, rideshare vehicle (carpool/ vanpool), transit, ferry, bicycle and walking.

J. “Compressed work week” means an alternative work schedule, in accordance with employer policy, that regularly allows a full-time employee to eliminate at least one work day every two weeks by working longer hours during the remaining days, resulting in fewer commute trips by the employee. This definition is primarily intended to include weekly and biweekly arrangements, the most typical being four 10-hour days or 80 hours in nine days, but may also include other arrangements. Compressed work weeks are understood to be an ongoing arrangement.

K. “Day(s)” means calendar day(s).

L. “Employee” means anyone who receives financial or other remuneration in exchange for work provided to an employer, including owners or partners of the employer.

M. “Employer” means sole proprietorship, partnership, corporation, unincorporated district or association, cooperative, joint venture, agency, department, other individual or entity, whether public, nonprofit or private, that employs workers.

N. “Exemption” means a waiver from CTR program requirements granted to an employer by the Whatcom County council of governments based on unique conditions that apply to the employer or employment site.

O. “Extra credit responses” means an employee survey response of