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TITLE 9
PUBLIC PEACE AND SAFETYChapters:
9.01 Disorderly Persons
9.02 Gambling
9.03 Repealed
9.04 Abandoned Vehicles
9.05 Dangerous Buildings
9.06 Adoption of State Criminal Code
9.07 Trespass
9.08 Drug Paraphernalia
9.09 Sound and Vibration
9.10 Controlled Substances
9.11 Alcoholic Beverages
9.12 Fireworks
9.13 Disposition of Lawfully Seized or Abandoned Property
9.14 Skateboards, Roller Skates, Roller Blades, Coasters and Go-Carts
9.15 Alarm Systems
9.16 Nuisances
Chapter 9.01
Disorderly PersonsSections:
9.01.010 Definition of disorderly persons.
9.01.015 Disturbance of City Council meetings.
9.01.020 Penalty for violation.
9.01.010 Definition of disorderly persons.
The following persons are hereby declared to be disorderly persons:
(1) Any person fighting or quarreling or encouraging others to fight in any public place in the City of DuPont.
(2) Any person who shall, without permission of the owner or person entitled to the possession thereof, intentionally take or drive away any motor vehicle, and every person with knowledge of the fact that such vehicle has been taken, who shall voluntarily ride in or on the same.
(3) Any person who shall resist or interfere with any policeman or peace officer of the City, or who shall refuse when called upon, to assist him in the discharge of his duty, or who shall aid or assist any person in the custody of any policeman or peace officer to escape from such custody.
(4) Any person who shall by noisy, riotous or tumultuous conduct disturb the quiet and peace of the City, or of any meeting or assemblage therein.
(5) Any person who shall conduct himself or herself in an indecent manner, or shall indecently expose his or her person.
(6) Any person who shall wilfully break, impair, injure or deface any building, fence, awning, window, sign, signboard, tree, shrub, or any other thing of value, being the property of another.
(7) Any person who, for the purpose of annoyance or mischief, shall place in any doorway or on any sidewalk, street or alley in the City, any box, barrel, cask or other thing, or who shall remove, interfere with, carry away or destroy the property of another, or who shall tear down, destroy or mutilate any notice or handbill lawfully posted in the City.
(8) Any person in the City who shall draw, exhibit, or attempt to use, any deadly weapon with intent to do bodily injury to another, or with the intention of intimidating such other person. This provision, however, shall not apply to the police officers of the City while in discharge of their duty.
(9) Any person, except the police officers of said City engaged in the lawful discharge of their duty, and persons practicing at target shooting in a duly licensed shooting gallery, who shall fire off or discharge any bomb, gun, pistol or firearm of any kind within the City limits.
(10) Any person who shall wilfully use force or violence on the person of another, without the consent of such other person.
(11) Any person who shall place any object not securely fastened upon any window sill or other outside portion of building in such a position as to be above or near to a street or sidewalk, or who shall permit any such object to remain in such position upon any such building or part of building of which he shall be in possession.
(12) Any person, who with intent to deprive or defraud the owner thereof, shall take, steal or carry away the property of another, the same being of the value of two hundred and fifty dollars or less.
(13) Any person who shall practice or solicit prostitution, or keep a house of prostitution.
(14) Any person in the City who shall live in whole or in part upon the earnings of a common prostitute.
(15) Any person who lives, works, or who is found in a house of prostitution, or who associates with or solicits for any prostitute, or house of prostitution.
(16) Any person or persons in the City engaged in buncoing or in the operation of a swindling game or device for the purpose of swindling or defrauding others.
(17) Any person who, with intent to deprive or defraud the owner thereof, buys, sells, receives, has in his possession, or aids in concealing or withholding any property of another knowing the same to have been stolen or wrongfully appropriated.
(18) Any person or persons found intoxicated in a motor vehicle in the City of DuPont.
(19) Any person who, with intent to defraud, shall obtain any food, lodging or accommodation in any h(otel, apartment house, restaurant, cafe, boarding or lodging house without paying therefor.
(20) Any person who, by act or omission, encourages, causes or contributes to the dependency or delinquency of a minor, under the age of 18 years.
(21) Any person who shall intentionally inhale vapors or fumes of any substance for the purpose of inducing euphoria, hallucination or intoxication, except as provided by law.
(22) Any persons, except a person enrolled as a student in or parents or guardians of such student or persons employed by the school or institution, who without a lawful purpose therefore wilfully loiters about the building or buildings of any public or private school or institution, including schools or institutions of higher learning or the public premises adjacent thereto.
(23) Any person who shall sell, give, buy or possess narcotic or dangerous drugs as defined by the laws of the State of Washington; provided however, that nothing contained in this chapter shall prohibit or restrain any licensed pharmacist, physician or other legally authorized person from possessing or dispensing such drugs in compliance with the laws of the State of Washington.
(24) Any person who shall sell, give, buy or possess intoxicating liquor contrary to the laws of the State of Washington.
(25) Any person who shall resist or interfere or make false statements with any peace officer or City official engaged in the lawful discharge of his duties, or who shall aid any person in custody to escape therefrom.
(26) Any person who shall drive any automobile or other vehicle in a noisy or reckless manner, or who shall use a siren thereon, or who shall blow the horn thereon unnecessarily.
(27) Any person who shall, without the permission of the owner or person entitled to the possession thereof, take or drive away any vehicle, animal or other property; and any person who shall accompany or ride with any such person with knowledge of that fact.
(28) Any person who shall maintain or permit to be maintained on his premises a condition which constitutes a public nuisance according to the laws of the State of Washington.
(29) Any person possessing or carrying, without being licensed to do so, a concealed firearm; and any person who shall, without legal cause, discharge any firearm, air rifle, B-B gun or slingshot within the town.
(30) Any person who shall manufacture or sell fireworks without a license.
(31) Any person who shall sprinkle or otherwise irrigate a lawn or garden with water drawn from the municipal water system of the City of DuPont on a date or at an hour at which such sprinkling or irrigation is not permitted for the area embracing said lawn or garden, by any reasonable sprinkling or irrigation schedule which shall have been posted at the City Hall by the Clerk-Treasurer, acting under the direction of the City Water Department or of the Mayor.
(32) Any person who knowingly threatens, without lawful authority, to cause bodily injury in the future to the person threatened or to any other person; or cause physical damage to the property of a person other than the actor; or subject the person threatened or any other person to physical confinement or restraint; or maliciously do any other act which is intended to substantially harm the person threatened or another with respect to his or her physical or mental health and safety; and the person by words or conduct places the person threatened in reasonable fear the threat will be carried out.
(33) Any person who with intent to harass, intimidate, torment or embarrass any other person, shall make a telephone call to such person: using any lewd, lascivious, profane, indecent, or obscene words or language, or suggesting the commission of any lewd or lascivious act; or anonymously or repeatedly or at an extremely inconvenient hour, whether or not conversation ensues; or threatening to inflict injury on the person or property of the person called or any member of his family; or without purpose of legitimate communication.
(34) Any person who knowingly causes a fire or explosion which recklessly places any building; or watercraft; or any hay, grain, crop; or timber, whether cut or standing.
(35) Any person who, with intent to fraud, makes, draws, utters, or delivers any check or draft on a bank depository for the payment of, knowing at the time of such drawing, or delivery that he has not
sufficient funds in, or credit with, said bank or other depository to meet said check or draft in full upon its presentation.
(36) Any person who, without authorization, intentionally gains access to a computer system or electronic database. (Ord. 383 § 2, May 10th, 1989).
9.01.015 Disturbance of City Council meetings.
(a) Decorum. Meetings of the City Council shall be conducted in an orderly manner to ensure that the public has a full opportunity to be heard and that the deliberative process of the Council is retained at all times. The presiding officer of the meeting shall be responsible for maintaining the order and decorum of meetings.
(b) Rules of Decorum. While any meeting of the City Council is in session, the following rules of decorum shall be observed:
(1) Council Members. Members of the City Council shall preserve order and decorum, and a member shall not by conversation or other means deliberately delay or interrupt the Council proceedings or disturb any other speaking member.
(2) City Staff. Employees of the City shall observe the same rules of order and decorum as those which apply to members of the Council.
(3) Persons Addressing the Council. Public oral communications at City Council meetings shall not be a substitute for any item that can be handled during normal working hours of the municipal government. The primary purpose of oral communications is to allow citizens the opportunity to formally communicate with the City Council as a whole, for matters that cannot be handled during the regular working hours of the City government. Each person who addresses the Council shall do so in an orderly manner and shall not make personal attacks, impertinent, slanderous or profane remarks to any member of the Council, staff or general public. “Personal attacks” is defined as those remarks unrelated to the manner in which the City official performs his or her duties as an officer of the City. Any person who makes such remarks, or who utters loud, threatening, personal or abusive language, or engages in any other disorderly conduct which disrupts, disturbs or otherwise impedes the orderly conduct of any Council meeting shall, at the discretion of the presiding officer or a majority of the Council, be barred from further audience before the Council during that meeting.
(4) Members of the Audience. No person in the audience at a Council meeting shall engage in disorderly or boisterous conduct, including the utterance of loud, threatening, or abusive language, whistling, stamping of feet or other acts which disturb, disrupt, or otherwise impede the orderly conduct of any Council meeting. Any person who conducts him/herself in the aforementioned manner shall, at the discretion of the presiding officer or a majority of the Council, be barred from further audience before the Council during that meeting.
(c) Addressing the Council. A person wishing to address the Council regarding an item which is on the agenda shall seek recognition by the presiding officer of the Council during discussion of that item. Persons wishing to discuss a nonagenda item may seek recognition by the presiding officer during the public comment portion of the meeting, if provided. No person shall address the Council without first being recognized by the presiding officer. The following procedures shall be observed by persons addressing the Council:
(1) Each person shall step to the podium provided for the use of the public and shall state his or her name and address; the organization, if any, which he or she represents; and the subject he or she wishes to discuss;
(2) Each person shall confine his or her remarks to the Council agenda item or to approved oral communication subjects being discussed;
(3) Each person shall limit his or her remarks to three minutes, unless further time is granted by the presiding officer;
(4) All remarks shall be addressed to the Council as a whole and not to any single member thereof, unless in response to a question from such member; and
(5) No question may be asked of a member of the Council or the City staff without permission of the presiding officer.
(d) Enforcement of Decorum. The rules of decorum set forth above shall be enforced in the following manner:
(1) Warning. The presiding officer shall request that a person who is breaching the rules of decorum be orderly and silent or germane to the issue. If, after receiving a warning from the presiding officer, a person persists in disturbing the meeting, the presiding officer shall order him or her to leave the Council meeting. If such person does not remove him or herself, the presiding officer may order a law enforcement officer to remove the person from Council Chambers.
(2) Resisting Removal. Any person who resists removal by a law enforcement officer shall be charged with a violation of this section.
(3) Penalty. Any person found to violate any provision of this section shall be guilty of a misdemeanor.
(4) Motion to Enforce or Suspend the Rules. If the presiding officer of the Council fails to enforce the rules set forth above, any member of the Council may move to require him or her to do so, and an affirmative vote of a majority of the Council shall require him or her to do so. If the presiding officer of the Council fails to carry out the will of a majority of the Council, the majority may designate another member of the Council to act as presiding officer for the limited purpose of enforcing any rule of this section which the majority wishes to enforce.
Should any member of the Council desire to suspend any portion of the rules set forth above, a formal vote must be taken and passed by a majority of the Council.
(5) Adjournment. If a meeting of the Council is disturbed or disrupted in such a manner as to make the restoration of order infeasible or improbable, the meeting may be adjourned or continued by the presiding officer or a majority of the Council, and any remaining Council business may be considered at the next meeting. (Ord. 04-768 § 1).
9.01.020 Penalty for violation.
Any person convicted of being a disorderly person as defined in DMC 9.01.010 shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine. (Ord. 383 § 3, May 10th, 1989; Ord. 05-793 § 1).
Chapter 9.02
GamblingSections:
9.02.010 Purpose of chapter.
9.02.020 Certain gambling authorized.
9.02.022 Definition of social card game.
9.02.025 Social card game--Examination of record.
9.02.027 Prohibition of social card game room gambling.
9.02.030 License to be issued.
9.02.040 License fee.
9.02.050 Tax.
9.02.060 Penalty for violation.
9.02.010 Purpose of chapter.
It is the intention of the City of DuPont in enacting this chapter, to authorize those forms of gambling within the City which are permitted by Chapter 280, Laws of 1971, Extraordinary Session, State of Washington. (Ord. 104 § 1, Aug. 11th, 1971).
9.02.020 Certain gambling authorized.
Any nonprofit organization or agricultural fair which qualifies as an eligible organization for the conduct of the forms of gambling permitted in said chapter may engage in such permitted form of gambling after application for and issuance of a license upon such form as may be furnished therefor by the City Clerk. As a prerequisite to the issuance thereof, the City Clerk may require the applicant to furnish such information as is reasonably necessary to insure that the applicant qualifies under said chapter. (Ord. 104 § 2, Aug. 11th, 1971).
9.02.022 Definition of social card game.
The City of DuPont hereby adopts the definition of social card games as defined by RCW 9.46.0282 by reference. (Ord. 99-655 § 1).
9.02.025 Social card game--Examination of record.
Pursuant to RCW 35A.12.140, one copy of RCW 9.46.0282, which is adopted herein by reference, is attached to the ordinance codified in this section. In addition, one copy of RCW 9.46.0282 has been on file in the office of the City Clerk for examination by the public while the ordinance codified in this section has been under consideration by the Council, prior to adoption. (Ord. 99-655 § 2).
9.02.027 Prohibition of social card game room gambling.
Social card games are prohibited. For the purpose of DMC 9.02.022 through 9.02.027, “social card games” are defined in RCW 9.46.0282. (Ord. 99-655 § 3).
9.02.030 License to be issued.
Any license issued under the preceding shall specify the place, dates, nature of gambling authorized, and name and address of the organization to which it is issued. No such license shall be transferable. (Ord. 104 § 3, Aug. 11th, 1971).
9.02.040 License fee.
The fee for the license issued under this chapter shall be $10.00. (Ord. 104 § 4, Aug. 11th, 1971).
9.02.050 Tax.
There is hereby imposed upon all activities licensed under this chapter, an excise tax in an amount equal to five percent of the gross receipts of such activity. In computing such excise tax a credit will be allowed for the license fee paid under the preceding section. Such excise tax shall be payable not less than 10 days following the termination of such licensed activity. The City Clerk may require the applicant to furnish, and the applicant shall upon request supply, such information and records as may be reasonably necessary to verify the amount of such tax. (Ord. 104 § 5, Aug. 11th, 1971).
9.02.060 Penalty for violation.
It shall be a misdemeanor for any person to conduct any gambling activities, or suffer the same to be conducted on his or her premises, or to fail to furnish any information or pay any tax or fee provided for in this chapter. Upon conviction thereof, such person shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine. (Ord. 104 § 6, Aug. 11th, 1971; Ord. 05-793 § 2).
Chapter 9.03
Curfew for Minors(Repealed by Ord. 05-793)
Chapter 9.04
Abandoned VehiclesSections:
9.04.010 Purpose and intent.
9.04.020 Definitions.
9.04.030 Junk vehicles a nuisance.
9.04.040 Summary removal procedures.
9.04.050 Nuisance abatement procedures.
9.04.060 Exceptions.
9.04.070 General duty.
9.04.080 Severability.
9.04.010 Purpose and intent.
The purpose and intent of this chapter is to provide for and implement the greatest powers possible for facilitating the removal of junk vehicles and parts thereof from public and private property as authorized by the provisions of RCW 46.55.240. (Ord. 379 § 2, Dec. 14th, 1988; Ord. 03-735 § 1).
9.04.020 Definitions.
The following words and terms used in this chapter shall have the following meanings except where otherwise defined in this chapter, and unless where used the context thereof clearly indicates to the contrary:
(a) “Junk vehicle” means a junk vehicle as defined in RCW 46.55.010.
(b) “Landowner” means a landowner as defined in RCW 46.55.230(7). (Ord. 379 § 3, Dec. 14th, 1988; Ord. 03-735 § 1).
9.04.030 Junk vehicles a nuisance.
The storing or keeping of junk vehicles or parts thereof on public or private property is declared to be a public nuisance, except as provided for in DMC 9.04.060. Such public nuisance may be abated as provided for in DMC 9.04.040 and 9.04.050. (Ord. 379 § 4, Dec. 14th, 1988; Ord. 03-735 § 1).
9.04.040 Summary removal procedures.
(a) The Police Department shall inspect and investigate complaints about the storing or keeping of junk vehicles or parts thereof on public and private property. Upon discovery of an alleged junk vehicle or parts thereof, the Police Department may contact the landowner of the property where the junk vehicle or parts thereof is located, and determine if the landowner claims any ownership interest in or bailment responsibility for the junk vehicle or parts thereof. If the landowner claims no ownership interest or bailment responsibility, the Police Department shall request the landowner to execute a statement to that effect under penalty of perjury.
(b) If the landowner claims an ownership interest or bailment responsibility for a junk vehicle or parts thereof located on his or her property, and the landowner does not within fifteen days after notification by the Police Department voluntarily abate the nuisance either by removing it from the property or enclosing it as provided for in DMC 9.04.060(a), the Police Department may proceed to deal with the junk vehicle or parts thereof as provided in DMC 9.04.050.
(c) Upon execution by the landowner of the statement of no ownership interest in or bailment responsibility for the junk vehicle or parts thereof, the Police Department shall cause a junk vehicle notification form to be mailed to the vehicle’s registered legal owner of record by certified mail, return receipt requested. This notification shall inform the owner of the City’s intent to dispose of the junk vehicle or parts thereof. If the junk vehicle or parts thereof remains unclaimed for more than 15 days after the junk vehicle notification form has been received, the Police Department may have the junk vehicle or parts thereof removed with notice to the Washington State Patrol and the Department of Licensing that the junk vehicle has been wrecked.
(d) If no information identifying the owner of the junk vehicle or parts thereof is available after the landowner has executed the statement of no ownership interest or bailment responsibility, the Police Department may place a legal notice of custody and sale in the official newspaper of the City, informing the owner of the City’s intent to dispose of the junk vehicle or parts thereof. If the junk vehicle or parts thereof remains unclaimed more than 20 days after publication of the notice, the Police Department may have the junk vehicle or parts thereof removed with notice to the Washington State Patrol and Department of Licensing that the junk vehicle has been wrecked. (Ord. 379 § 5, Dec. 14th, 1988; Ord. 03-735 § 1).
9.04.050 Nuisance abatement procedures.
(a) If a landowner claims an ownership interest in or bailment responsibility for a junk vehicle or parts thereof located on his property upon contact by the Police Department as provided for in DMC 9.04.040(b), or fails to disclaim such ownership interest or bailment responsibility as provided in DMC 9.04.040(a), then the matter shall be referred to the Chief of Police for possible further action.
(b) After referral to the Chief of Police as provided for in subsection (a) of this section, the Chief of Police may give notice to any landowner storing or keeping a junk vehicle or parts thereof within any zone in the City that such vehicle or parts thereof is a public nuisance which must be abated by the landowner within 15 days or the City will proceed to abate the nuisance by removal of the junk vehicle or parts thereof from the landowner’s property; and, that the costs of such removal, including administrative costs, shall be assessed against the registered owner of the junk vehicle or parts thereof if the identity of the owner can be determined, unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101, or the costs may be assessed against the owner of the property on which the junk vehicle or parts thereof is stored. This notice shall also inform the registered owner and the landowner of the right to request a hearing to contest the City’s proposed removal of the junk vehicle or parts thereof. This notice shall be delivered to the last registered owner of the junk vehicle or parts thereof and to the landowner, and the property owner of record if different from the landowner, by certified mail, return receipt requested.
(c) Notice. The notice required by subsection (b) of this section shall be in substantially the following form:
JUNK VEHICLE NOTICE
One or more junk vehicle(s) or parts thereof described as: _________________________, has/have been discovered by the City of DuPont located at (Street Address), described as (Legal) within the City of DuPont which is shown by public record to be the real property of _________________________, and the last registered owner of such junk vehicles or parts thereof is listed of record as: ____________________. All of you are informed that such junk vehicle(s) or parts thereof is/are a public nuisance and unless such nuisance is abated within fifteen days of your receipt of this notice by removal from the property hereinbefore described or enclosed on said property as set forth in DMC 9.04.060, the City of DuPont will proceed to abate such public nuisance by removal of the listed junk vehicle(s) or parts thereof fifteen days after you or your representative receives this notice as shown on the return receipt for this certified mail. The costs of removal, including administrative costs, will be assessed against the registered owner, unless the owner can demonstrate compliance with RCW 46.12.101 at the time of transfer of ownership, and/or against the landowner.
You may request a hearing before the Pierce County District Court No. 1 to contest: the City’s determination that the above-described junk vehicle(s) or parts thereof is/are a public nuisance; the abatement thereof; or that you are legally responsible for the abatement of this public nuisance. To request this hearing, you must notify the undersigned in writing at the address below within ten days of the date you or your representative received this notice. If you do not request a hearing, the junk vehicle(s) or parts thereof will be removed by the City of DuPont and the costs thereof, including administrative costs, shall be assessed against all or any one of you.
DATED this _______ day of _______________________, 20___.
____________________________________
Chief of Police, City of DuPont
[Address](d) After the expiration of the 15 days provided for in the notice to the registered owner and landowner, if no hearing has been requested; or, after a hearing if requested and such action is authorized by the Court, the Police Department may proceed to have the junk vehicle or parts thereof removed and the costs of such removal, including administrative costs, shall be charged to the registered owner and/or landowner jointly and severally, and notice shall be given to the Washington State Patrol and the Department of Licensing that the junk vehicle or parts thereof has been wrecked.
(e) If either the last known registered owner of the junk vehicle or parts thereof or the landowner requests a hearing before the Pierce County District Court No. 1 to contest the City’s determination that the junk vehicle or parts thereof constitutes a public nuisance, the abatement thereof, or the legal responsibility therefor, such hearing shall be conducted after a written notice of the date, time, and place of such hearing is mailed, by certified mail, with a five-day return receipt requested, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership. The hearing shall be held within 30 days of receipt of a written request for a hearing. No action shall be taken to remove the junk vehicle or parts thereof during the pendency of a hearing except pursuant to a court order.
The landowner may appear in person at said hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the junk vehicle or parts thereof on the real property, with his reasons for the denial. If it is determined at the hearing that the junk vehicle or parts thereof was or were placed on the land without the consent of the landowner and the landowner has not subsequently acquiesced in its presence, then the Court shall not assess costs of administration or removal of the junk vehicle or parts thereof against the landowner. (Ord. 379 § 6, Dec. 14th, 1988; Ord. 03-735 § 1).
9.04.060 Exceptions.
The provisions of this chapter shall not apply under the following conditions:
(a) If a junk vehicle or parts thereof is completely enclosed within a building in lawful manner and is not visible from the street or other public or private property; or
(b) If a junk vehicle or parts thereof is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to RCW 46.80.130. (Ord. 379 § 7, Dec. 14th, 1988; Ord. 03-735 § 1).
9.04.070 General duty.
None of the provisions of this chapter are intended to create a cause of action or provide the basis for a claim against the City, its officials, or employees for the performance or failure to perform a duty or obligation running to a specific individual or specific individuals. Any duty or obligation created in this chapter is intended to be a general duty or obligation only, running in favor of the general public. (Ord. 379 § 8, Dec. 14th, 1988; Ord. 03-735 § 1).
9.04.080 Severability.
The provisions of this chapter are declared to be severable. If any section, subsection, sentence, clause or phrase of this chapter or its application to any person or circumstance is for any reason held to be invalid or unconstitutional, the remainder of the chapter shall not, as a result, be held unconstitutional or invalid, but shall remain in full force and effect. (Ord. 379 § 9, Dec. 14th, 1988; Ord. 03-735 § 1).
Chapter 9.05
Dangerous Buildings(Reserved)
Chapter 9.06
Adoption of State Criminal CodeSections:
9.06.010 RCW Title 9A sections adopted by reference.
9.06.015 Criminal impersonation in the second degree.
9.06.020 RCW Title 9 sections adopted by reference.
9.06.030 Repeal of adopted statutes by State Legislature.
9.06.040 Penalties for offense of adopted statutes.
9.06.010 RCW Title 9A sections adopted by reference.
Pursuant to RCW 35.21.180, the sections of RCW Title 9A which are annexed hereto below relating to crimes as set forth below in Schedule A are hereby adopted by reference. (Ord. 390 § 1, July 12th, 1989).
Schedule A
9A.04.050
9A.16.090
9A.48.100
9A.56.060
9A.72.010
9A.76.100
9A.04.070
9A.16.100
9A.52.010
9A.56.140
9A.72.040
9A.76.130
9A.04.100
9A.28.020
9A.52.040
9A.56.170
9A.72.140
9A.76.160
9A.04.110
9A.28.030
9A.52.050
9A.56.180
9A.72.150
9A.76.170
9A.08.010
9A.28.040
9A.52.060
9A.56.220
9A.76.010
9A.80.010
9A.08.020
9A.36.050
9A.52.070
9A.56.230
9A.76.020
9A.84.010
9A.08.030
9A.36.070
9A.52.080
9A.56.240
9A.76.030
9A.84.020
9A.12.010
9A.40.070
9A.52.090
9A.56.250
9A.76.040
9A.84.040
9A.16.010
9A.40.080
9A.52.120
9A.56.260
9A.76.050
9A.88.010
9A.16.020
9A.48.010
9A.52.130
9A.56.270
9A.76.060
9A.16.060
9A.48.050
9A.56.010
9A.60.010
9A.76.070
9A.16.070
9A.48.060
9A.56.020
9A.60.040
9A.76.080
9A.16.080
9A.48.090
9A.56.050
9A.60.050
9A.76.090
(Ord. 390 Exhibit “A”, July 12th, 1989).
9.06.015 Criminal impersonation in the second degree.
RCW 9A.60.045 (Criminal impersonation in the second degree), as presently constituted or hereinafter amended, is hereby adopted by reference. (Ord. 94-767 § 1).
9.06.020 R.C.W. Title 9 sections adopted by reference.
Pursuant to R.C.W. 35.21.180, the Sections of the Revised Code of Washington Title 9 which are annexed hereto below relating to crimes as set forth below in Schedule B are hereby adopted by reference. (Ord. 390 § 2, July 12th, 1989).
Schedule B
9.02.030
9.02.040
9.02.050
9.02.070
9.03.010
9.03.020
9.03.030
9.03.040
9.05.150
9.08.010
9.08.020
9.08.030
9.08.070
9.12.010
9.12.020
9.12.030
9.16.030
9.16.040
9.16.050
9.16.060
9.16.070
9.16.080
9.16.090
9.16.100
9.16.110
9.16.120
9.16.130
9.16.140
9.16.150
9.18.080
9.18.120
9.18.130
9.18.140
9.18.150
9.23.010
9.26A.090
9.27.015
9.38.010
9.38.020
9.40.040
9.40.100
9.41.010
9.41.050
9.41.060
9.41.070
9.41.080
9.41.090
9.41.093
9.41.095
9.41.097
9.41.098
9.41.100
9.41.110
9.41.120
9.41.130
9.41.140
9.41.150
9.41.160
9.41.170
9.41.180(1)
9.41.230
9.41.240
9.41.250
9.41.260
9.41.270
9.41.280
9.41.300
9.44.080
9.45.040
9.45.060
9.45.062
9.45.080
9.45.090
9.45.100
9.45.120
9.45.150
9.45.180
9.45.190
9.45.240
9.46.020
9.46.170
9.46.190
9.46.195
9.46.196
9.46.198
9.46.240
9.46.250
9.46.260
9.47A.010
9.47A.020
9.47A.030
9.47A.040
9.47A.050
9.51.010
9.51.020
9.51.030
9.58.010
9.58.020
9.58.030
9.58.040
9.58.050
9.58.060
9.58.070
9.58.080
9.58.090
9.58.100
9.58.110
9.58.120
9.61.190
9.61.200
9.61.210
9.61.230
9.61.240
9.61.250
9.66.010
9.66.020
9.66.030
9.66.040
9.66.050
9.68.015
9.68.030
9.68.050
9.68.060 Except (d)(iii)
9.68.070
9.68.080
9.68.090
9.68.100
9.68.110
9.68.120
9.68.130
9.68A.011
9.68A.070
9.68A.110
9.68A.120
9.69.100
9.72.090
9.73.010
9.73.020
9.73.030
9.73.050
9.73.090
9.73.100
9.86.010
9.86.020
9.86.030
9.86.040
9.86.050
9.91.010
9.91.020
9.91.025
9.91.060
9.91.110
9.91.120
(Ord. 390 Exhibit "B", July 12th, 1989).
9.06.030 Repeal of adopted statutes by State Legislature.
The amendment, addition or repeal by the Washington State Legislature of any section of any of the adopted statutes shall be deemed to amend the ordinance codified in this chapter and the statutes contained herein which are adopted by reference, in conformity with such amendment, addition or repeal, and it shall not be necessary for the Council to take any action with respect to such addition, amendment or repeal as provided by RCW 35.21.180. (Ord. 390 § 3, July 12th, 1989).
9.06.040 Penalties for offense of adopted statutes.
Commission of any offense defined in such statutes shall be a misdemeanor, and shall be punishable by imprisonment in the county jail for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine. (Ord. 390 § 4, July 12th, 1989; Ord. 05-793 § 4).
Chapter 9.07
TrespassSections:
9.07.010 Definitions.
9.07.020 Trespass a violation.
9.07.030 Penalties.
9.07.010 Definitions.
The following terms shall have the following meanings when used in this chapter:
(a) “Building,” in addition to its ordinary meaning, includes any dwelling, fenced area, vehicle, railway car, cargo container or any other structure used for lodging of persons or for carrying on business therein, or for the use, sale or deposit of goods; each unit of a building consisting of two or more units separately secured or occupied is a separate building.
(b) “Enters or remains unlawfully.” A person enters or remains unlawfully in or upon premises when he is not then licensed, invited or otherwise privileged to so enter or remain in that part of a building which is not open to the public.
A person who enters or remains upon unimproved and apparently unused land, which is neither fenced or otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner.
(c) “Knowingly.” A person knows or acts knowingly or with knowledge when he is aware of a fact, facts, or circumstances described by a statute defining an offense; or he has information which would lead a reasonable man in the same situation to believe that the facts exist, which facts are described by a statute defining an offense.
(d) “Person,” “he,” and “actor” include any natural person, and where relevant, a corporation, joint stock association, or unincorporated association.
(e) “Property” means anything of value, whether tangible or intangible, real or personal.
(f) “Intent.” A person acts with intent or intentionally when he acts with the objective or purpose to accomplish a result which constitutes a crime.
(g) “Vehicle” means a “motor vehicle” as defined in the Vehicle and Traffic Laws, any aircraft, or any vessel equipped for propulsion by mechanical means or by sail.
(h) Words in the present tense shall include the future tense and in the masculine shall include the feminine and neutral genders; and in the singular shall include the plural; and in the plural shall include the singular. (Ord. 271 § 2, Aug. 12th, 1981).
9.07.020 Trespass a violation.
(a) A person shall be guilty of trespass if he knowingly enters or remains on any building of another, as defined in DMC 9.07.010 or on real property of another which is fenced or otherwise enclosed, or posted, in a manner designed to exclude intruders, or if he otherwise knowingly enters or remains unlawfully in or upon the premises of another.
(b) A person is guilty of criminal trespass in the first degree if he knowingly enters or remains unlawfully in a building.
(c) A person is guilty of criminal trespass in the second degree if he knowingly enters or remains unlawfully in or upon premises of another under circumstances not constituting criminal trespass in the first degree. (Ord. 271 § 3, Aug. 12th, 1981; Ord. 05-793 § 5).
9.07.030 Penalties.
(a) Trespass shall be a misdemeanor. Upon conviction thereof a person shall be subject to a fine of $300.00, to 90 days in jail, or both.
(b) Criminal trespass in the first degree is a gross misdemeanor and shall be punishable by imprisonment in the county jail for a maximum term fixed by the court of not more than one year, or by a fine in an amount fixed by the court of not more than $5,000, or by both such imprisonment and fine.
(c) Criminal trespass in the second degree is a misdemeanor and shall be punishable by imprisonment in the county jail for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine. (Ord. 271 § 4, Aug. 12th, 1981; Ord. 05-793 § 6).
Chapter 9.08
Drug ParaphernaliaSections:
9.08.010 Definitions.
9.08.020 Added considerations in determination of drug paraphernalia.
9.08.030 Penalty for possession of drug paraphernalia.
9.08.040 Penalty for manufacture or delivery of drug paraphernalia.
9.08.050 Penalty for advertising drug paraphernalia.
9.08.060 RCW 69.50.4121 adopted by reference.
9.08.070 Severability.
9.08.010 Definitions.
The term "drug paraphernalia" means all equipment, products, and materials of any kind whose primary design function is for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body unlawful drugs, including but not limited to controlled substances as defined by chapter 69.50 R.C.W. Such term includes but is not limited to:
(a) Kits used, intended for use, or designed for use in the planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance or unlawful drug can be derived.
(b) Kits used, intended for use, or designed for use in the manufacturing, compounding, converting, producing, processing, or preparing of unlawful drugs.
(c) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is an unlawful drug.
(d) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of unlawful drugs.
(e) Scales and balances used, intended for use, or designed for use in weighing or measuring unlawful drugs.
(f) Dilutants and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting unlawful drugs.
(g) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana.
(h) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding unlawful drugs.
(i) Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of unlawful drugs.
(j) Containers and other objects used, intended for use, or designed for use in storing or concealing unlawful drugs.
(k) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as
(1) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(2) Water pipes;
(3) Carburetion tubes and devices;
(4) Smoking and carburetion masks;
(5) Roach clips - meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;
(6) Miniature cocaine spoons and cocaine vials;
(7) Chamber pipes;
(8) Carburetor pipes;
(9) Electric pipes;
(10) Air-driven pipes;
(11) Chilams;
(12) Bongs;
(13) Ice pipes or chillers.
(Ord. 258 § 1 (part), Dec. 10th, 1980).
9.08.020 Added considerations in determination of drug paraphernalia.
In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:
(a) Statements by an owner or by anyone in control of the object concerning its use;
(b) Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;
(c) The proximity of the object, in time and space, to direct violation of the Controlled Substance Act, chapter 69.50 R.C.W.;
(d) The proximity of the object to controlled substances;
(e) The existence of any residue of controlled substances on the object;
(f) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;
(g) Instructions, oral or written, provided with the object concerning its use;
(h) Descriptive materials accompanying the object which explain or depict its use;
(i) National and local advertising concerning its use;
(j) The manner in which the object is displayed for sale;
(k) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(l) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
(m) The existence and scope of legitimate uses for the object in the community;
(n) Expert testimony concerning its use. (Ord. 258 § 1 (part), Dec. 10th, 1980).
9.08.030 Penalty for possession of drug paraphernalia.
It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter. Any person who violates this section is guilty of a misdemeanor and upon conviction shall be imprisoned in the county jail for not more than 90 days, fined in an amount fixed by the court of not more than $1,000, or both imprisoned and fined. (Ord. 258 § 2, Dec. 10th, 1980; Ord. 05-793 § 7).
9.08.040 Penalty for manufacture or delivery of drug paraphernalia.
It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter. Any person who violates this section is guilty of a misdemeanor and upon conviction shall be imprisoned in the county jail for a maximum term fixed by the court of not more than 90 days, fined in an amount fixed by the court of not more than $1,000, or both imprisoned and fined. (Ord. 258 § 3, Dec. 10th, 1980; Ord. 05-793 § 8).
9.08.050 Penalty for advertising drug paraphernalia.
It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this section is guilty of a misdemeanor and upon conviction shall be imprisoned in the county jail for a maximum term fixed by the court of not more than 90 days, fined in amount fixed by the court of not more than $1,000, or both imprisoned and fined. (Ord. 258 § 4, Dec. 10th, 1980; Ord. 05-793 § 9).
9.08.060 RCW 69.50.4121 adopted by reference.
RCW 69.50.4121 (Drug paraphernalia--Selling or giving--Penalty), as currently adopted or hereafter amended, is hereby adopted by reference as if fully set forth herein. (Ord. 05-793 § 11).
9.08.070 Severability.
If any provision or section of this chapter shall be held to be void or unconstitutional, all other parts, provisions, and sections of this chapter not expressly so held to be void or unconstitutional shall continue in full force and effect. (Ord. 258 § 6, Dec. 10th, 1980).
Chapter 9.09
Sound and Vibration1Sections:
9.09.010 Findings--Policy to prevent excessive sound and vibration.
9.09.020 Applicability and scope of provisions.
9.09.030 Definitions.
9.09.040 Maximum permissible noise levels.
9.09.050 Exemptions.
9.09.060 Prohibited vibrations.
9.09.070 Variances and implementation schedules.
9.09.080 Appeals.
9.09.090 Severability.
9.09.100 Penalties for violations.
9.09.010 Findings--Policy to prevent excessive sound and vibration.
Excessive sound and vibration are a serious hazard to the public health and welfare, safety and the quality of life. A substantial body of science and technology exists by which excessive sound and vibration may be substantially abated. The people have an inalienable right to an environment free from excessive sound and vibration which may jeopardize their health or welfare or safety or degrade the quality of life. It is the policy of the City of DuPont to prevent excessive sound and vibration which may jeopardize the health and welfare or safety of its citizens or degrade the quality of life. (Ord. 208 § 1, June 14th, 1978).
9.09.020 Applicability and scope of provisions.
This chapter shall apply to the control of all sound and vibration that affects any residential, commercial, industrial property within the limits of the City of DuPont. (Ord. 208 § 2, June 14th, 1978).
9.09.030 Definitions.
(a) "Background sound level" means the level of all sounds in a given environment, independent of the specific source being measured.
(b) "dBA" means the sound pressure level in decibels measured using the "A" weighting network on a sound level meter. The sound pressure level, in decibels, of a sound is 20 times the logarithm to the base 10 of the ratio of the pressure of the sound to a reference pressure of 20 micropascals.
(c) "EDNA" means the environmental designation for noise abatement, being an area of zone (environment) within which maximum permissible noise levels are established.
(d) "Noise" means the intensity, duration and character of sounds, from any and all sources.
(e) "Noise control office" means the City of DuPont.
(f) "Noise Control Officer" means the City of DuPont environmental administrator or any designated representative of the City of DuPont.
(g) "Person" means any individual, corporation, partnership, association, governmental body, state agency or other entity whatsoever.
(h) "Property boundary" means the surveyed line at ground surface, which separates the real property owned, rented, or leased by one or more persons from that owned, rented or leased by one or more other persons, and its vertical extension.
(i) "Racing event" means any motor vehicle competition conducted under a permit issued by a governmental authority having jurisdiction or, if such permit is not required, then under the auspices of a recognized sanctioning body.
(j) "Receiving property" means real property within which the maximum permissible noise levels specified in section 9.09.040 shall not be exceeded from sources outside such property.
(k) "Sound level meter" means a device which measures sound pressure levels and conforms to Type 1 or Type 2 as specified in the American National Standards Institute Specification S1.4-1971.
(l) "Temporary construction site" means construction occurring on any property for a period of not more than ninety (90) days.
(m) "Watercraft" means any contrivance, excluding aircraft, used or capable of being used as a means of transportation or recreation on water.
(Ord. 208 § 3, June 14th, 1978).
9.09.040 Maximum permissible noise levels.
(a) No person shall cause or permit noise to intrude into the property of another person which noise exceeds the maximum permissible noise levels set forth below in this section.
(b) The noise limitations established are as set forth in Washington Administrative Code (WAC) Chapter 173-60-040 and the following table. EDNA means Environmental Designation for Noise Abatement. EDNA’s are broken down into the following classes:
Class A EDNA--residential areas
Class B EDNA--commercial areas
Class C EDNA--industrial areas
(c) EDNA’s are designated by the map2 in appendix "A" of the ordinance codified in this chapter.
(d) The noise limitations established are as set forth in the following table after any applicable adjustments provided for herein are applied:
(1) EDNA OF NOISE SOURCE EDNA OF RECEIVING PROPERTY
CLASS A CLASS B CLASS C
CLASS A 55 dBA 57 dBA 60 dBA
CLASS B 57 60 65
CLASS C 60 65 70
(2) Between the hours of 10:00 P.M. and 7:00 A.M. the noise limitations of the foregoing table shall be reduced by 10 dBA for receiving property within Class A EDNAs.
(3) At any hour of the day or night the applicable noise limitations in (1) and (2) above may be exceeded for any receiving property by no more than:
(i) 5 dBA for a total of 15 minutes in any one-hour period, or
(ii) 10 dBA for a total of 5 minutes in any one-hour period, or
(iii) 15 dBA for a total of 1.5 minutes in any one-hour period.
(e) Chapter 173-62 WAC "Motor Vehicle Noise Performance Standards" and Chapter 204-56 WAC "Noise Measurement Procedures" are hereby adopted by reference. (Ord. 208 § 4, June 14th, 1978).
9.09.050 Exemptions.
Certain sounds shall be exempt from the noise limitations established in section 9.09.040 above. These exemptions are enumerated in WAC 173-60-050, "Exemptions", and are as follows:
(a) The following shall be exempt from the provisions of this chapter between the hours of 7:00 A.M. and 10:00 P.M.:
(1) Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds and appurtenances.
(2) Sounds created by the discharge of firearms on authorized shooting ranges.
(3) Sounds created by blasting.
(4) Sounds created by aircraft engine testing and maintenance not related to flight operations, provided that aircraft testing and maintenance shall be conducted at remote sites whenever possible.
(5) Sounds created by the installation or repair of essential utility services.
(b) The following shall be exempt from the provisions of section 9.09.040(d)(2) above:
(1) Noise from electrical substations and existing stationary equipment used in the conveyance of water by a utility.
(2) Noise from existing industrial installations which exceed the standards contained in these regulations and which, over the previous three years, have consistently operated in excess of 15 hours per day as a consequence of process necessity and/or demonstrated routine normal operation. Changes in working hours, which would affect exemptions under this regulation require approval of the Noise Control Officer.
(c) The following shall be exempt from the provisions of this chapter except insofar as such provisions relate to the reception of noise within Class A EDNA’s between the hours of 10:00 P.M. and 7:00 A.M.
(1) Sounds originating from temporary construction sites as a result of construction activity.
(2) Sounds originating from forest harvesting and silviculture activity.
(d) The following shall be exempt from all provisions of this chapter:
(1) Sounds created by motor vehicles when regulated by Chapter 173-62 WAC.
(2) Sounds originating from aircraft in flight and sounds that originate at airports which are directly related to flight operations.
(3) Sounds created by surface carriers engaged in interstate commerce by railroad.
(4) Sounds created by warning devices not operating continuously for more than five minutes, or bells, chimes, and carillons.
(5) Sounds created by safety and protective devices where noise suppression would defeat the intent of the device or is not economically feasible.
(6) Sounds created by emergency equipment and work necessary in the interests of law enforcement or for health, safety or welfare of the community.
(7) Sounds originating from motor vehicle racing events at existing, authorized facilities.
(8) Sounds originating from officially sanctioned parades and other public events.
(9) Sounds originating from natural gas transmission and distribution facilities installed prior to September 1, 1975, shall be exempt from all provisions of this chapter until the Department of Ecology amends WAC 173-60. The Noise Control Officer shall make recommendations to the City Council concerning this exemption after the Department of Ecology completes its action.
(10) Sounds emitted from petroleum refinery boilers during startup of said boilers; provided that the startup operation is performed during daytime hours whenever possible.
(11) Sounds created by watercraft.
(12) Sounds created by the discharge of firearms in the course of hunting.
(13) Sounds caused by natural phenomena and unamplified human voices.
(14) Sounds created by motor vehicles, licensed or unlicensed, when operated off public highways, except when such sounds are received in Class A EDNAs.
(e) Nothing in these exemptions is intended to preclude the Noise Control Officer from requiring installation of the best available noise abatement technology consistent with economic feasibility. (Ord. 208 § 5, June 14th, 1978).
9.09.060 Prohibited vibrations.
Operating or permitting the operation of any device that creates vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source if on private property or at 50 feet from the source if on a public space or public right-of-way shall be prohibited by this chapter. For the purposes of this section "vibration perception threshold" means the minimum ground- or structure-borne vibration motion necessary to cause a person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects. The Noise Control Officer is hereby designated final authority in cases involving vibration. (Ord. 208 § 6, June 14th, 1978).
9.09.070 Variances and implementation schedules.
(a) Variances may be granted to any person from any particular requirement of this chapter, if findings are made that immediate compliance with such requirement cannot be achieved because of special circumstances rendering immediate compliance unreasonable in light of economic or physical factors, encroachment upon an existing noise source, or because of nonavailability of feasible technology or control methods. Any such variance or renewal thereof shall be granted only for a minimum time period found to be necessary under the facts and circumstances.
(b) An implementation schedule for achieving compliance with this chapter shall be incorporated into any variance issued.
(c) Variances shall be issued only upon application in writing and after providing such information as may be requested. No variances shall be issued for a period of more than 30 days, except upon due notice to the public with opportunity to comment. Public hearing may be held, when substantial public interest is shown, at the discretion of the City Council.
(d) Sources of noise, subject to this chapter, upon which construction begins after the effective date of the ordinance codified in this chapter shall immediately comply with the requirements of this chapter, except in extraordinary circumstances where overriding considerations of public interest dictate the issuance of a variance. (Ord. 208 § 7, June 14th, 1978).
9.09.080 Appeals.
Any person aggrieved by any decision of the Noise Control Officer in relation to the enforcement of the maximum permissible noise levels provided for in this chapter, the granting or denial of a variance or the approval or disapproval of a local resolutions or ordinance for noise abatement and control may appeal to the City Council. (Ord. 208 § 9, June 14th, 1978).
9.09.090 Severability.
If any provision of this chapter is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of this chapter shall not be invalidated. (Ord. 208 § 10, June 14th, 1978).
9.09.100 Penalties for violations.
Noise measurement for the purpose of enforcing the provisions of this chapter shall be measured in dBA with a sound level meter with the point of measurement being at any point within the receiving property. Such enforcement shall be undertaken only upon receipt of a complaint made by a person who resides, owns property, or is employed in the area affected by the noise complained of, except for parks, recreational areas, and wildlife sanctuaries. For enforcement purposes, each day (defined as the 24-hour period beginning at 12:01 a.m.) in which violation of the noise control regulations occurs shall constitute a separate violation. Any violation of this chapter shall be punishable by a fine not to exceed $500.00 for each violation, or imprisonment of not more than six months for each violation or both. The Noise Control Officer is hereby empowered to enforce the provisions of this chapter. (Ord. 208 § 8, June 14th, 1978).
Chapter 9.10
Controlled SubstancesSections:
9.10.010 Statutes adopted.
9.10.015 Possession of 40 grams or less of marijuana--Penalty.
9.10.020 Amendments.
9.10.030 RCW 69.50.425 adopted by reference.
9.10.010 Statutes adopted.
Pursuant to RCW 35.21.180, Chapter 69.50 RCW pertaining to controlled substances is adopted as an ordinance of the City of DuPont, as fully as if the same were herein set forth at length. (Ord. 443 § 1, Oct. 9th, 1991).
9.10.015 Possession of 40 grams or less of marijuana--Penalty.
RCW 69.50.4014 (Possession of 40 grams or less of marijuana--Penalty), as presently constituted or hereinafter amended, is hereby adopted by reference. (Ord. 04-767 § 2).
9.10.020 Amendments.
The amendment, addition or repeal by the Washington State Legislature of any section of any of the adopted statutes shall be deemed to amend the ordinance codified in this chapter and the statutes contained herein which are adopted by reference, in conformity with such amendment, addition or repeal, and it shall not be necessary for the Council to take any action with respect to such addition, amendment or repeal as provided by RCW 35.21.180. (Ord. 443 § 2, Oct. 9th, 1991).
9.10.030 RCW 69.50.425 adopted by reference.
RCW 69.50.425 (Misdemeanor violations--Minimum penalties), as currently adopted or hereafter amended, is hereby adopted by reference as if fully set forth herein. (Ord. 05-793 § 13).
Chapter 9.11
Alcoholic BeveragesSections:
9.11.010 Statutes adopted.
9.11.020 Amendments.
9.11.030 Violation--Penalty.
9.11.010 Statutes adopted.
Pursuant to R.C.W. 35.21.180, R.C.W. Chapter 66.44 pertaining to alcohol is adopted as an ordinance of the City of DuPont, as fully as if the same were herein set forth at length. (Ord. 444 § 1, Oct. 9th, 1991).
9.11.020 Amendments.
The amendment, addition or repeal by the Washington State Legislature of any section of any of the adopted stat-utes shall be deemed to amend the ordinance codified in this chapter and the statutes contained herein which are adopted by reference, in con-formity with such amendment, addition or repeal, and it shall not be necessary for the Council to take any action with respect to such addi-tion, amendment or repeal as provided by R.C.W. 35.21.180. (Ord. 444 § 2, Oct. 9th, 1991).
9.11.030 Violation--Penalty.
Commission of any offense defined in such chapter shall be in violation of this chapter, and shall be a misdemeanor, punishable by a fine of $1,000.00 or thirty (30) days in jail, or by both such fine and such imprisonment. (Ord. 444 § 3, Oct. 9th, 1991).
Chapter 9.12
FireworksSections:
9.12.010 Limitations.
9.12.020 Violation--Penalty.
9.12.010 Limitations.
No person shall use or explode any fireworks within the City of DuPont except from twelve noon on the second day of July to eleven P.M. on the fourth day of July of any year; provided that the City Council sitting in regular or special session may, by motion, more severely restrict the time limit and place for, or completely ban the use of, fireworks when the City Council finds that conditions warrant a more severe restriction; provided, that this prohibition shall not apply to duly authorized public displays where the
same are authorized pursuant to the laws of the State of Washington, or the ordinances of the City of DuPont. (Ord. 456 § 1, June 23rd, 1992; Ord. 481 § 1, Aug. 10th, 1993).
9.12.020 Violation--Penalty.
Any person found guilty of violating this chapter shall suffer a fine of not more than $50.00 or community service in the City of DuPont for not more than 30 days or both. (Ord. 456 § 2, June 23rd, 1992; Ord. 481 § 2, Aug. 10th, 1993).
Chapter 9.13
Disposition of Lawfully Seized or Abandoned PropertySections:
9.13.010 Abandoned property.
9.13.020 Procedures for disposal or sale of abandoned property.
9.13.030 Forfeitures--State statutes adopted by reference.
9.13.040 Disposal of forfeited firearms.
9.13.050 Repealed.
9.13.010 Abandoned property.
(a) Lost or abandoned personal property shall be forwarded to the chief law enforcement officer of the City or his authorized representative, who shall attempt to identify the lawful owner of the property and return it to its owner.
(b) If the lawful owner of the property cannot be identified and the property returned to its owner, then within 30 days of its coming into possession of the found property the City shall cause notice of its findings to be published at least once a week for two consecutive weeks in the City’s official newspaper, unless the found property is presumed abandoned at the time it is found, or is unlawful to produce or possess, or the value of the found property is less than the cost of publication of notice.
(c) Any person claiming title to such property, objects, or articles may petition the chief law enforcement officer in writing during this 60-day period for the return of said items. The claimant has the burden of establishing his or her ownership.
(d) Personal property or other items are presumed abandoned, and may be taken and sold or otherwise disposed of by the City following the procedure provided by DMC 9.13.020, if they have been left unattended in a public place: (1) without a permit where one is required by State law or City ordinance; or (2) otherwise in violation of State law or City ordinance; or (3) for an unreasonable period of time under the circumstances, with no means of identifying the owner, and creating a risk of theft or damage to the property; or (4) presenting a danger to public safety; or (5) not claimed within 60 days of the final day of publication of notice as provided in subsection (b) of this section.
(e) Any contraband, or other property, objects or articles which it is unlawful to produce or possess, may be disposed of without notice.
(f) Any property, objects or articles found as contemplated by this section, whose value is less than $25.00, or is less than the cost of publication as provided in subsection (b) of this section, may be disposed of without notice. (Ord. 01-702 § 1).
9.13.020 Procedures for disposal or sale of abandoned property.
(a) Any property, objects or articles that are presumed abandoned under DMC 9.13.010 may be sold, retained for use by the City, or destroyed, at the discretion of the City, upon proper notice as provided herein.
(b) Before said property, objects or articles shall be sold, retained for use, or destroyed, a notice of disposition fixing the time of destruction, or time and place of sale if applicable, and a description of the property to be disposed of shall be published at least once in the official newspaper of said City at least 10 days prior to the date fixed for the disposition of the property, objects or articles.
(c) Any person claiming title to such property, objects, or articles may petition the chief law enforcement officer in writing during this 10-day period for the return of said items. The claimant has the burden of establishing his or her ownership.
(d) Property, objects or articles worth less than the total cost of publication of notice under this section and DMC 9.13.010, or worth less than $25.00, or which are contraband or otherwise unlawful to produce or possess, may be destroyed or otherwise disposed of without the notice required by this section.
(e) Any proceeds from the sale of seized or abandoned property under this chapter shall be deposited in the general fund.
(f) The provisions of this section shall not apply to junk or abandoned vehicles as defined in Chapter 9.04 DMC, Abandoned Vehicles and Hulks. (Ord. 01-702 § 2).
9.13.030 Forfeitures--State statutes adopted by reference.
The following statutes of the State of Washington are hereby adopted by reference as if set forth in full herein:
(a) RCW 69.50.505, Seizure and Forfeiture [Controlled Substances].
(b) RCW 10.105.010, Seizure and Forfeiture [Items Used in the Commission of a Felony].
(c) RCW 9.41.098, Forfeiture of Firearms--Disposition--Confiscation. (Ord. 01-702 § 3).
9.13.040 Disposal of forfeited firearms.
Any firearms seized by and forfeited to the City pursuant to State law shall be turned over to the chief law enforcement officer, who may to the extent allowed under RCW 9.41.098 dispose of said firearms as follows:
(a) The chief law enforcement officer may retain legal forfeited firearms for Police Department use, subject to the limitations of RCW 9.41.098(2)(b);
(b) The chief law enforcement officer may sell legal forfeited firearms at auction, or in any other manner allowed by law;
(c) Illegal forfeited firearms, defined as those firearms that are illegal to possess, must be destroyed. (Ord. 01-702 § 5).
9.13.050 Forfeitures fund.
Repealed by Ord. 03-741. (Ord. 01-702 § 6).
Chapter 9.14
Skateboards, Roller Skates, Roller Blades, Coasters and Go-CartsSections:
9.14.010 Definitions.
9.14.020 Prohibited acts.
9.14.030 Violation--Penalties.
9.14.010 Definitions.
For purposes of this chapter:
(a) “Skateboard” means a board mounted upon a set of wheels and designed to be ridden by a person.
(b) “Roller skates” or “roller blades” means a pair of shoes or boots, each of which is mounted upon a set of wheels, designed to allow the wearer to roll forward or backward.
(c) “Coaster” means a board mounted upon two or more wheels and steered by means of an upright handle, designed to be ridden by a person.
(d) “Go-cart” means a small, open, motorized vehicle, not required to be licensed under State law and usually operated for recreational purposes.
(e) “To operate” means to ride, drive, or otherwise use one of the devices described above as a means of transport.
(f) “To operate in a negligent manner” means to operate one of the devices described above recklessly or without ordinary care for the safety of oneself or others. Examples of negligent operation include, but are not limited to, failure to yield to pedestrians or motor vehicle traffic, failure to obey the instructions of traffic control devices, and operation of the device at an unreasonable speed given the conditions in the area and the ability of the operator to slow or stop the device.
(g) “Laned roadway” means any street or road of sufficient width to accommodate two or more separate lanes of motor vehicle traffic, divided into clearly marked lanes, and extending to the curb or the edge of the pavement.
(h) “Business district” means all areas within 300 feet of any building in use for business or industrial purposes, including, but not limited to, hotels, banks, retail stores, office buildings, public schools, and other public buildings, and all streets, sidewalks, parking strips, public squares or plazas, parks, and parking lots within such areas. (Ord. 02-706 § 1).
9.14.020 Prohibited acts.
(a) No skateboard, roller skates or roller blades, coaster, or go-cart shall be operated in a negligent manner. Such devices shall be operated at a reasonable speed, and with regard for the safety of the operator and others. In areas where they may lawfully operate such devices, operators of skateboards, roller skates, roller blades, coasters, or go-carts shall obey all traffic laws, traffic signals, signs and other traffic control devices, unless directed otherwise by a police officer.
(b) No person shall, while operating a skateboard, roller skates, roller blades, or coaster, hold on to a moving vehicle, motorcycle, or moped.
(c) No person shall operate a skateboard, roller skates or roller blades, coaster, or go-cart on any part of any laned roadway within the City of DuPont.
(d) No person shall operate a skateboard, roller skates or roller blades, coaster, or go-cart within the area of any business district within the City of DuPont.
(e) Persons who operate skateboards, roller skates or roller blades, coasters or go-carts within the City of DuPont shall, while operating such devices, wear helmets of the type worn by bicyclists. The helmet shall be equipped with a chin strap, which shall be securely fastened while worn by the operator. (Ord. 02-706 § 2).
9.14.030 Violation--Penalties.
Violation of any of the provisions of this chapter shall constitute a Class 3 civil infraction pursuant to RCW 7.80.120. (Ord. 02-706 § 3).
Chapter 9.15
Alarm Systems3Sections:
9.15.010 Definitions.
9.15.020 Permit requirements.
9.15.030 False alarm fees.
9.15.040 Additional duties of permittee and/or agents of permittee.
9.15.050 Unlawful systems and users.
9.15.060 Enforcement and penalties.
9.15.070 Severability.
9.15.010 Definitions.
(a) “Alarm system” means any system, device, or mechanism which, when activated, transmits a telephone message to a private monitoring company or some other number, or emits an audible or visible signal that can be heard or seen by persons outside the protected premises, or transmits a signal beyond the premises in some other fashion, except any system, device, or mechanism primarily protecting a motor vehicle.
(b) “Burglary alarm system” means an alarm system designed or used for detecting and reporting an unauthorized entry or attempted unauthorized entry upon real property protected by the system.
(c) “Robbery alarm system” means an alarm system designed or used for alerting others of a robbery or other crime in progress, which involves potential serious bodily injury or death.
(d) “Department” means the DuPont Police Department.
(e) “False alarm” means the activation of any burglary, fire and/or robbery alarm system when no crime is being committed or attempted and there is no other emergency on the premises; provided, that such event shall not constitute a false alarm if the public safety officers responding to such alarm are notified that there is no emergency prior to arriving at the premises. An alarm shall be presumed to be false if the public safety officers responding do not locate any evidence of an unlawful act or emergency on the premises, which might have caused the alarm to sound. Alarms caused by earthquakes, hurricanes, tornadoes, other violent acts of nature or power outages related to any of the above shall not be deemed to be false alarms.
(f) “Fire alarm system” means an alarm system designed or used for detecting fire and sending an alert signal.
(g) “Permittee” means the person(s), corporation(s), or other business entity to whom a permit has been issued under this chapter.
(h) “Premises” means any area and any portion of any area protected by an alarm system.
(i) “System subscriber” means person(s), corporation(s), or other business entity who purchased or contracted for any alarm system.
(j) A “rolling six-month window” means the period of time encompassing the date of false alarm back six months and a day. Example: A false alarm on February 5, 2002, would be added to all false alarms back to September 4, 2001. An alarm date of February 6, 2002, would be added with false alarms back to September 5, 2001, and so on. The six-month window rolls forward each day. (Ord. 02-725 § 1).
9.15.020 Permit requirements.
(a) Permit Required. From and after January 1, 2003, no person shall operate or use an alarm system on any premises within the City of DuPont under that person’s control without first having obtained from the DuPont Police Department a separate permit for each premise protected by an alarm system. Violation of this provision shall be a Class 3 civil infraction pursuant to Chapter 7.80 RCW. Should the Department respond to any alarm system for which a permit has not first been obtained, a notice of civil infraction will be issued. For the purposes of this section, a person shall be deemed to be an operator or user of an alarm if:
(1) The person controls both the alarm and the premises upon which it is installed; or
(2) The person controls the premises and is the subscriber, client or tenant of the system subscriber; or
(3) The person is the system subscriber.
(b) Application. All persons required to obtain a permit must complete a permit application form. Required information to be provided on the permit application includes, but is not necessarily limited to:
(1) Subscriber’s name, address and telephone number(s).
(2) Names and telephone numbers of three additional persons who will respond in the event of alarm activation in the absence of the subscriber.
(3) Name of the alarm company responsible for regular maintenance.
(c) Permit Fee. Each permit shall be given a unique number, which shall not be transferable. The Department shall charge a $50.00 application fee, except that a fee of $25.00 shall be charged for alarms installed prior to the effective date of the ordinance codified in this chapter, if a permit application for such existing alarm system is filed with the Department before December 31, 2002. The fee for replacement of a lost permit shall be $10.00. Permit fees shall be deposited in the general fund.
(d) Any person who owns, operates or possesses any alarm system within the City of DuPont that does not conform to the requirements of this chapter shall disconnect that alarm and render it inoperable until a proper permit is obtained. (Ord. 02-725 § 1).
9.15.030 False alarm fees.
(a) The system subscriber will be billed by the City for each false alarm in excess of one response during a rolling six-month window. The charge will increase in increments of $50.00 as follows:
1 False Alarm
None
2 False Alarms
$50.00
3 False Alarms
$100.00
4 False Alarms
$150.00
5 False Alarms
$200.00
(b) No fee shall be charged to a person whose alarm fees exceed one in a six-month period, if a person can show a receipt for repair services rendered on said alarm system prior to the most recent report of false alarm.
(c) Written notice of imposition of any fee pursuant to this section shall be given to the system subscriber. Any system subscriber subject to the imposition of a fee pursuant to this section shall have a right of appeal therefrom to the City Hearing Examiner pursuant to Chapter 1.11 DMC. Unless notice of appeal is filed with the City Clerk within 10 days of receipt of notice of imposition of fee, said sanction shall be deemed to be final and shall be subject to collection by any means provided by law. (Ord. 02-725 § 1).
9.15.040 Additional duties of permittee and/or agents of the permittee.
(a) The permittee shall display the permit at or near the entrance of the premises in such a manner that the permit is clearly visible and readable from the exterior of the premises.
(b) All telephone calls from a private monitoring company requesting Department response shall include the permit number for that premises.
(c) The permittee and/or his designee shall respond to a premises following activation of any alarm system for which a permit has been issued. The response shall be made as soon as practicable. (Ord. 02-725 § 1).
9.15.050 Unlawful systems and users.
(a) No person shall operate or use an alarm system, which emits an audible sound where such emission does not automatically cease within 15 minutes.
(b) No person shall use an alarm system to protect more than one licensed business and/or private residence without receiving a separate permit for each premises.
(c) No person shall operate or use any alarm system, which automatically dials the Department directly and delivers a prerecorded message. (Ord. 02-725 § 1).
9.15.060 Enforcement and penalties.
(a) Unless otherwise specified, any person or organization violating any of the provisions of this chapter shall have committed a Class 3 civil infraction pursuant to Chapter 7.80 RCW.
(b) Any duly commissioned law enforcement officer, having law enforcement authority at the place where a violation of this chapter occurs, is authorized to enforce the provisions of this chapter.
(c) Whenever a monetary penalty is imposed by a Court under this section, it is payable within 15 days. If the person is unable to pay at the time the penalty is imposed, the Court may grant an extension of the period in which the penalty may be paid.
(d) The Court may waive, reduce or suspend the monetary penalty or fee prescribed herein, and may impose such conditions including, but not limited to, the performance of community service on any waiver, reduction or suspension as it deems just. (Ord. 02-725 § 1).
9.15.070 Severability.
If any provision of this chapter or its application to any person or circumstances is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected. (Ord. 02-725 § 1).
Chapter 9.16
NuisancesSections:
9.16.010 Definitions.
9.16.020 Prohibited conduct.
9.16.030 Nuisances declared.
9.16.040 Enforcement.
9.16.010 Definitions.
The following words and phrases used in this chapter, unless the context otherwise clearly indicates, shall have the following meanings:
(a) “Owner” means and includes any agent, lessee, owner, tenant or other person occupying or having charge or control of any premises. An owner or agent is deemed to have control if he or she has actual or constructive knowledge of the maintenance on the premises of any nuisance as defined in this chapter.
(b) “Person” means and includes owner, individual, firm, partnership, corporation, and all associations of natural persons, whether acting by themselves or by an agent or employee.
(c) “Premises” means any building, lot, parcel, real estate or land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips and any lake, river, stream, drainage way or wetland. (Ord. 06-818 § 1).
9.16.020 Prohibited conduct.
It is a violation of this chapter for any person to permit, create, maintain, or allow, upon any premises, any of the acts or things declared in DMC 9.16.030 to be a public nuisance or to fail to abate such a nuisance pursuant to lawful notice given under DMC 1.17.060. (Ord. 06-818 § 1).
9.16.030 Nuisances declared.
The following specific acts, omissions, places and conditions are declared to be public nuisances:
(a) Noxious Odors. Using any building or place in the City for the exercise of trade, employment or manufacture which produces noxious exhalation, offensive smells or other annoyances, becoming injurious and dangerous to the health, comfort, or property of individuals or the public.
(b) Noxious Substances. Causing or allowing any offal, filth, poison, or noisome substance to be collected or remain in any place, street, highway, or alley in the City to the prejudice of others.
(c) Dangerous Buildings. Building or maintaining any structure in a condition that is dangerous to the health or safety of the citizens of the City.
(d) Manufacturing Explosives. Manufacturing, within the City limits, gunpowder, nitroglycerin, or other highly explosive substance, for personal or commercial use.
(e) Obstruction and Encroachment of Public Ways. Obstructing, encroaching upon or rendering unsafe for passage any public highway, private way, street, alley, park, square, greenway, driveway, lake, or stream in the City.
(f) Wreckage and Junk Vehicles. Any wrecked, inoperable, abandoned or disassembled trailer, house trailer, boat, tractor, automobile or other vehicle, or any parts thereof; provided, that nothing herein shall prevent the keeping or storage of any vehicle on private property which is screened from view.
(g) Recreational Vehicles and Trailers. Trailers, mobile homes, recreational vehicles and camp cars shall not be parked on any street, alley, or highway within the City for more than 24 hours unless a permit has been granted by the City, but in no event for more than seven continuous days.
(h) Offenses on Public or Private Property. The following conditions are considered unsafe, offensive, and prima facie indications of a nuisance:
(1) Any putrid bones, meat, hides, skins or the whole or any part of dead animal, fish or fowl.
(2) Privies, vaults, cesspools, sumps, pits or like places which are not securely protected from flies or rats, or which are foul or malodorous.
(3) Filthy or littered house yards, factory yards, vacant areas behind stores, vacant lots, buildings or premises.
(4) Animal manure in any quantity which is not securely protected from flies and the elements or which is handled in violation of any health or safety code of the City.
(5) Poison oak, noxious weeds, and overgrowth creating a threat of fire.
(6) Recycling materials such as tin cans, bottles, glass bottles, iron, wire, metal, or newspaper, unless such materials are contained in receptacles approved by the City and subject to regular removal, except that materials can be stored in containers or buildings approved by the City when they are out of view.
(7) Trash, litter, weeds or grass, rags and accumulations of boxes, crates, bedding, packing materials, or lumber not piled.
(8) Any abandoned, unattended or discarded icebox, refrigerator, freezer or other container having an air-tight door or lid and a snap lock or other locking device which may not be easily released from the inside when such lid or door is in a closed position.
(9) Trees or shrubs which overhang a public sidewalk presenting unsafe obstacles capable of making contact with the face or body of a pedestrian using the sidewalk.
(10) Allowing any trees, shrubs or other objects, improvements or obstructions to impede the line of sight clearance for vehicular and pedestrian traffic at street corners and intersections within the City.
(11) Discharging directly or indirectly into the City’s storm drain system or into the waters of any stream, lake, or wetland or similar area within the City any material that shall cause or tend to cause a polluted condition or contributes to the violation of applicable water quality standards. Utility maintenance and firefighting activities by City personnel shall not be considered nuisances.
(12) Causing or allowing any other nuisance defined in other provisions of the DuPont Municipal Code.
(13) Any other act, omission, condition or thing which:
(i) Unreasonably injures or endangers the comfort, repose, health or safety of others; or
(ii) Offends public decency; or
(iii) Is offensive to the senses of reasonable persons; or
(iv) In any way renders other persons insecure in life or use of property. (Ord. 06-818 § 1).
9.16.040 Enforcement.
Any violation of any provision, or failure to comply with any of the requirements of this chapter, shall be subject to the terms and conditions of Chapter 1.17 DMC, Enforcement. (Ord. 06-818 § 1).
Footnotes
1Prior legislative history: Ord. 203.
2The map attached to the ordinance codified in this chapter is on file in the City Clerk’s office.
3Code reviser’s note: Ordinance 02-725 adds these provisions as Chapter 9.13. The chapter has been editorially renumbered to prevent duplication of numbering.
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