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Title 10
PUBLIC PEACE, SAFETY AND MORALS*Chapters:
10.02 Criminal Code
10.04 Penal Code
10.08 Nuisances
10.12 Noise
10.16 Parks
10.17 Camping on Public Property
10.21 Towing Services
10.24 Body Painting Studios
10.30 Gambling Code
10.36 Reward for Furnishing Information on Persons Damaging Public Property
10.40 Alarms Systems
10.44 Possession and Sale of Drug Paraphernalia
10.50 Sale and Distribution of Malt Liquor
10.52 Weapons Control
10.60 Liquor Control
*For municipal police power generally, see Washington State Constitution, Art. 11 § 11 and RCW 35A.11.020.
Chapter 10.02
CRIMINAL CODESections:
10.02.010 Statutory provisions – Adopted by reference – Scope.
10.02.012 Unlawful conduct on bus – State statute adopted by reference.
10.02.014 Failure to deliver leased personal property – State statute adopted by reference.
10.02.015 Repealed.
10.02.020 Statutory provisions – Amendments or changes included.
10.02.040 Offenses by and against juveniles.
10.02.045 Leaving child under age seven unattended in a parked vehicle.
10.02.050 Leaving child unattended in parked vehicle while entering tavern or other place where alcohol is dispensed.
10.02.055 Repealed.
10.02.060 Powers of arrest – State statutes relating to, adopted by reference.
10.02.065 Telephone calls to harass, intimidate or embarrass – State statutes relating to, adopted by reference – Penalty.
10.02.067 Disobedience of anti-harassment order.
10.02.068 Repealed.
10.02.070 Obstructing a police officer.
10.02.080 Classification of offenses.
10.02.100 Filing of provisions for public examination.
10.02.120 Domestic violence statutes – Adopted by reference.
10.02.130 Attachments to utility poles and public right-of-way structures – Violation and penalty.
10.02.900 Severability.
10.02.010 Statutory provisions – Adopted by reference – Scope.
The following statutes are adopted by reference as and for a portion of the criminal ordinance and code of this city as if set forth in full herein, with the exception of the penalty provisions thereof which are superseded by the penalty provisions of this chapter as set forth in LMC 10.02.080, and which are made applicable to these statutes. Any reference to felonies or classification of felonies shall refer to the statutes of the state of Washington for definition and prosecution.
RCW
Preliminary Article
9A.04.050 People capable of committing crimes – Capability of child.
9A.04.060 Common law to supplement statute.
9A.04.070 Who amenable to criminal statutes.
9A.04.080 Limitation of actions.
9A.04.100 Proof beyond reasonable doubt.
9A.04.110 Definitions.
Principles of Liability
9A.08.010 General requirements of culpability.
9A.08.020 Liability for conduct of another – Complicity.
9A.08.030 Criminal liability of corporations and persons acting for them.
Insanity
9A.12.010 Insanity.
Defenses
9A.16.010 Defenses – Definitions.
9A.16.020 Use of force – When lawful.
9A.16.060 Duress.
9A.16.070 Entrapment.
9A.16.080 Action for being on store premises for investigation “reasonable grounds” as defense.
9A.16.090 Intoxication.
Anticipatory Offenses
9A.28.020 Criminal attempt.
9A.28.030 Criminal solicitation.
9A.28.040 Criminal conspiracy.
Assault
9A.36.041 Assault in the fourth degree.
9A.36.050 Reckless endangerment.
9A.36.070 Coercion.
9A.36.150 Interfering with reporting domestic violence.
9A.40.070 Custodial interference second degree.
Harassment
9A.46.010 Legislative finding.
9A.46.020 Definitions – Penalties.
9A.46.030 Place where committed.
9A.46.040 Court-ordered requirements upon defendant – Violation.
9A.46.050 Arraignment – No-contact order.
9A.46.060 Crimes included in harassment.
9A.46.070 Enforcement of orders restricting contact.
9A.46.080 Order restricting contact violation.
9A.46.090 Nonliability of peace officer.
9A.46.100 “Convicted,” time when.
9A.46.110 Stalking.
Inhaling Toxic Fumes
9.47A.020 Unlawful inhalation exception.
9.47A.030 Possession of certain substances prohibited, when.
9.47A.040 Sale of certain substances prohibited, when.
Arson, Reckless Burning, Malicious Mischief
9A.48.010 Definitions.
9A.48.050 Reckless burning in second degree.
9A.48.060 Reckless burning – Defense.
9A.48.090 Malicious mischief in third degree.
9A.48.100 Malicious mischief – “Physical damage” defined.
9A.49.050 Reckless burning in second degree.
Burglary and Trespass
9A.52.010 Definitions.
9A.52.040 Inference of intent.
9A.52.050 Other crime in committing burglary punishable.
9A.52.060 Making or having burglary tools.
9A.52.070 Criminal trespass in the first degree.
9A.52.080 Criminal trespass in the second degree.
9A.52.090 Criminal trespass – Defenses.
9A.52.100 Vehicle prowl in the second degree.
9A.52.120 Computer trespass in the second degree.
Theft and Robbery
9A.56.010 Definitions.
9A.56.020 Theft – Definition, defense.
9A.56.050 Theft in the third degree.
9A.56.060 Unlawful issuance of checks.
9A.56.096 Theft of rental property.
9A.56.140 Possessing stolen property – Definitions – Access devices, presumption.
9A.56.170 Possessing stolen property in the third degree.
9A.56.180 Obscuring the identity of a machine.
9A.56.220 Theft of cable TV services.
9A.56.240 Forfeiture and disposal of device used to commit violation.
9A.56.260 Connection of channel converter.
9A.56.270 Shopping cart theft.
Fraud
9A.60.010 Fraud – Definitions.
9A.60.040 Criminal impersonation.
9A.60.050 False certification.
Defrauding a Public Utility
9A.61.010 Definitions.
9A.61.020 Defrauding a public utility.
9A.61.050 Defrauding a public utility in the third degree.
Perjury and Interference with Official Proceedings
9A.72.010 Definitions.
9A.72.040 False swearing.
9A.72.140 Jury tampering.
9A.72.150 Tampering with physical evidence.
Obstructing Governmental Operations
9A.76.010 Definitions.
9A.76.020 Obstructing a law enforcement officer.
9A.76.030 Refusing to summon aid for a peace officer.
9A.76.040 Resisting arrest.
9A.76.050 Rendering criminal assistance definition of term.
9A.76.060 Relative defined.
9A.76.080 Rendering criminal assistance in the second degree.
9A.76.090 Rendering criminal assistance in the third degree.
9A.76.100 Compounding.
9A.76.130 Escape in the third degree.
9A.76.160 Introducing contraband in the third degree.
9A.76.170 Bail jumping.
9A.76.175 Making a false or misleading statement to a public servant.
Abuse of Office
9A.80.010 Official misconduct.
Public Disturbance
9A.84.010 Riot.
9A.84.020 Failure to disperse.
9A.84.030 Disorderly conduct.
9A.84.040 False reporting.
Sexual Misconduct – Prostitution
9.68A.090 Communicating with a minor for immoral purposes.
9.68A.110 Certain defenses barred, permitted.
9A.44.010 Definitions.
9A.44.096 Sexual misconduct with a minor in the second degree.
9A.88.010 Indecent exposure.
9A.88.030 Prostitution.
9A.88.050 Prostitution – Sex of parties immaterial – No defense.
9A.88.090 Permitting prostitution.
9A.88.110 Patronizing a prostitute.
Miscellaneous
2.48.170 Only active members (of the state bar) may practice (law).
2.48.180 Definitions – Unauthorized practice a crime – Causes for discipline.
9.12.010 Barratry.
9.26A.120 Fraud in operation – Coin-box telephone or other receptacle.
9.69.100 Duty of witness of offense against child or any violent offense – Penalty.
9.27.015 Harassing judge, juror, or witness.
9.38.010 False representation concerning credit.
9.38.015 False representation concerning deposit account applicant.
9.69.100 Duty of witness of offense against child or any violent offense – Penalty.
9.73.030 Recording conversation without consent.
13.32A.080 Harboring a runaway.
69.41.070 Illegal possession of steroids without prescription.
70.74.020 Delivery of explosives to a minor.
77.16.250 Loaded shotgun or rifle in vehicle.
(Ord. 2259 § 2, 1999; Ord. 2140 § 1, 1997; Ord. 2037 § 1, 1995; Ord. 1943 § 1, 1993; Ord. 1577 § 1, 1987; Ord. 1493 §§ 1, 2, 3, 1985; Ord. 1427 § 1, 1984; Ord. 1388 § 1, 1983; Ord. 1069 § 1, 1979; Ord. 861 § 1, 1976)
10.02.012 Unlawful conduct on bus – State statute adopted by reference.
RCW 9.91.025, an act defining and relating to unlawful conduct on public transits and municipal transit stations, is hereby adopted by reference as and for an ordinance of the city of Lynnwood as if set forth in full. (Ord. 1933 § 2, 1993)
10.02.014 Failure to deliver leased personal property – State statute adopted by reference.
RCW 9.45.062, a statute relating to failure to deliver leased personal property, is hereby adopted by reference as and for an ordinance of the city of Lynnwood as set forth in full herein. (Ord. 1493, 1985)
10.02.015 Criminal offenses – Statutory provisions.
Repealed by Ord. 1728.
10.02.020 Statutory provisions – Amendments or changes included.
The amendment, addition or repeal by the Washington Legislature of any section of any of the adopted statutes shall be deemed to amend this chapter, and the statutes contained in this chapter which are adopted by reference in conformity with the amendment, addition or repeal, and it shall not be necessary for the legislative authority of this city to take any action with respect to such addition, amendment, or repeal as provided by RCW 35A.12.140. (Ord. 861 § 2, 1976)
10.02.040 Offenses by and against juveniles.
A. Definitions.
1. RCW 13.04.010, as now or hereafter amended, is adopted by reference as if set forth in full herein.
2. “Liquor” means liquor as defined in the Washington State Liquor Act, RCW 66.04.010 (16).
B. Undressing.
1. It is unlawful for purposes of sexual gratification to remove or cause a minor to remove an article of the minor’s clothing thereby exposing a portion of his body not customarily exposed.
2. In any prosecution under subsection (B)(1) of this section, it is an affirmative defense that if the minor is at least 14 years old, the actor is less than three years older.
C. Contributing to dependency or delinquency. It is unlawful for anyone, by act or omission, knowingly to encourage, or cause or contribute to the dependency or delinquency of a minor.
D. RCW 26.28.080, as now or hereafter amended, is adopted by reference as if set forth in full herein.
E. Except as otherwise provided, violation of this section, LMC 10.04.540 and 10.60.030 through 10.60.080 shall be a misdemeanor; provided, that penalties and punishments for offenses involving alcohol or liquor shall not exceed those established by RCW 66.44.180 as now or hereafter amended.
F. The proscriptions contained in this section, LMC 10.04.540 and 10.60.030 through 10.60.080 shall not apply where permitted, allowed or authorized by Chapter 66.44 RCW or another statute or state law. (Ord. 861 § 4, 1976)
10.02.045 Leaving child under age seven unattended in a parked vehicle.
No person, while in charge of a motor vehicle, shall park or willfully allow such vehicle to stand upon a highway, road, or street or in a place open to the public leaving a child under the age of seven unattended therein, except when another responsible person of at least 12 years of age has immediate control over such child and is physically present in the vehicle. Any person convicted of a violation of this section shall be guilty of a misdemeanor. (Ord. 2164 § 3, 1997; Ord. 1915 § 1, 1992)
10.02.050 Leaving child unattended in parked vehicle while entering tavern or other place where alcohol is dispensed.
Any person having the care and custody, whether temporary or permanent, of minor child under the age of 12 years, who shall leave such children in a parked motor vehicle unattended by an adult, while such person enters a tavern or other premises where vinous, spirituous or malt liquors are dispensed for consumption on the premises shall be guilty of a misdemeanor. (Ord. 2164 § 4, 1997; Ord. 178 § 13, 1963)
10.02.055 Criminal trespass.
Repealed by Ord. 2037.
10.02.060 Powers of arrest – State statutes relating to, adopted by reference.
RCW 10.31.100, an act relating to powers of arrest, is adopted by reference as and for an ordinance of the city of Lynnwood as if set forth in full herein. (Ord. 1420 § 1, 1984; Ord. 1070 § 1, 1979; Ord. 861 § 6, 1976)
10.02.065 Telephone calls to harass, intimidate or embarrass – State statutes relating to, adopted by reference – Penalty.
A. The following statutes are adopted by reference as and for a portion of the criminal ordinance of this city as if set forth in full in this section, with the exception of the penalty provisions thereof which are superseded by the penalty provisions of this section as set forth in subsection (B) of this section:
RCW
9.61.230 Telephone harassment.
9.61.240 Telephone harassment – Permitting telephone to be used.
9.61.250 Telephone harassment – Offense, where deemed committed;
B. Any person who is convicted of violating the provisions of this section is guilty of a gross misdemeanor. (Ord. 2164 § 5, 1997; Ord. 1493 § 1, 1985; Ord. 1229 §§ 1, 2, 1982; Ord. 861, 1976)
10.02.067 Disobedience of anti-harassment order.
Any respondent who willfully disobeys any temporary anti-harassment protection order or civil anti-harassment protection order issued pursuant to Chapter 10.14 RCW shall be guilty of a gross misdemeanor. (Ord. 1884 § 1, 1992)
10.02.068 Violation of anti-harassment order.
Repealed by Ord. 2164.
10.02.070 Obstructing a police officer.
Every person who:
A. Without lawful excuse shall refuse or knowingly fail to make or furnish any statement, report or information lawfully required of him by a public officer; or
B. In any such statements or reports shall make any knowingly untrue statement to a public officer; or
C. Shall knowingly hinder, delay or obstruct any public officer in the discharge of his official powers or duties; shall be guilty of a misdemeanor. (Ord. 861 § 7, 1976)
10.02.080 Classification of offenses.
Unless otherwise specifically provided for, any person who is convicted of violating or failure to comply with any of the criminal provisions of this title shall be subject to the following penalties:
A. Gross Misdemeanor. The penalty provided by state law as now existing or hereafter amended for the same violation or type (degree) of violation, but not to exceed a $5,000 fine or one year in jail or both. If no state law provides for such penalty then the penalty shall be a $5,000 fine or one year in jail or both.
B. Misdemeanor. The penalty provided by state law as now existing or hereafter amended for the same violation or type (degree) of violation, but not to exceed a $1,000 fine or 90 days in jail or both. If no state law provides for such penalty then the penalty shall be a $1,000 fine or 90 days in jail or both.
C. Any criminal violation not specifically designated as a gross misdemeanor shall be a misdemeanor. (Ord. 1494 § 1, 1985; Ord. 861 § 8, 1976)
10.02.100 Filing of provisions for public examination.
Incident to the adoption of the ordinance codified in this chapter, copies of the text of the adopted statutes shall be filed in the office of the city clerk, as required by RCW 35A.12.140 for use and examination by the public.
In addition, the office of the city clerk is authorized to codify and number the sections and subsections of the ordinance codified in this chapter to provide for uniformity and consistency with existing codifications and ordinances. (Ord. 861 § 9, 1976)
10.02.120 Domestic violence statutes – Adopted by reference.
A. Statutes adopted by reference:
RCW
10.99.020
10.99.030
10.99.040
10.99.055
10.99.060
26.09.300
26.44.067
26.50.010
26.50.110
26.50.120
26.50.140
Portions of an act relating to domestic violence are adopted by reference as and for an ordinance of the city as if set forth in full in this chapter.
B. The amendment, addition, or repeal of the Washington Legislature of any section or any of the adopted statutes set forth in subsection (A) of this section shall be deemed to amend this section and the statutes contained in this section which are adopted by reference in conformity with the amendment, addition or repeal, and it shall not be necessary for the legislative authority or this city to take any action with respect to such addition, amendment or repeal as provided by RCW 35A.12.140. (Ord. 1492 § 1, 1985; Ord. 1419 § 1, 1984)
10.02.130 Attachments to utility poles and public right-of-way structures – Violation and penalty.
A. It shall be unlawful to attach to utility poles, directional or traffic control signals, or any other structures in the public right-of-way, any of the following: advertising signs, posters, vending machines, or any similar object which presents a hazard to, or endangers the lives of, electrical workers. Any attachment to utility poles shall only be made with the permission of the utility involved, and shall be placed not less than 12 feet above the surface of the ground.
B. Violation – Penalty. Any person convicted of a violation of this section shall be guilty of a criminal misdemeanor and shall be punished by a fine of not less than $30.00. On a second or subsequent conviction for a violation of this section within a five-year period, a person shall be punished by a fine of not less than $75.00 and not more than $500.00. (Ord. 1964 § 1, 1993)
10.02.900 Severability.
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held, ruled or determined invalid or unconditional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this chapter, and the application of the provision to other persons or circumstances is not affected. (Ord. 861 § 11, 1976)
Chapter 10.04
PENAL CODESections:
Article I. Definitions and Interpretation
10.04.010 Title.
10.04.020 Interpretation of words and phrases.
10.04.031 Principal defined.
10.04.032 Severability clause.
10.04.033 Attempted crime.
10.04.050 Peace officer defined.
10.04.060 Severability.
Article II. Interfering with and
Obstructing Officers10.04.100 Taking property from officer.
10.04.150 Impersonating an officer.
10.04.160 Obstruction of extinguishment of fire.
10.04.170 Obstructing firemen.
Article III. Registration of Felons
10.04.180 Registration required – Conditions.
Article IV. Crimes against the Person
10.04.210 Provoking assault.
10.04.230 Malicious prosecution.
Article V. Larceny and Fraud
10.04.300 Collecting for charity without authority.
10.04.310 False advertising.
Article VI. Weapons
10.04.510 Purchasing weapon by use of false information.
Article VII. Minors
10.04.540 Curfew.
10.04.550 Recodified.
10.04.560 Recodified.
10.04.570 Recodified.
10.04.580 Recodified.
10.04.581 Repealed.
10.04.590 Recodified.
10.04.610 Recodified.
Article VIII. Unlawful Conduct
10.04.640 Contempt of court.
10.04.710 Prostitution loitering.
10.04.711 Recodified.
10.04.712 Recodified.
10.04.713 Recodified.
10.04.720 Recodified.
10.04.730 Indecent language, practices and drunkenness.
10.04.740 Public indecency.
10.04.742 Soliciting for an act of public indecency.
10.04.745 Urinating in public – Prohibited.
10.04.750 Obscene literature.
10.04.810 Willfully retaining library books.
10.04.820 Gas bombs and stink bombs.
10.04.830 Smoking where prohibited.
10.04.850 Giving false fire alarm.
10.04.860 Ambulance drivers and attendants.
10.04.870 Abandoning, discarding refrigeration equipment.
10.04.875 Feeding animals or leaving foodstuffs on public property.
10.04.880 Maintaining or permitting public nuisance.
10.04.885 Repealed.
10.04.887 Disposition of tenant’s personal property.
Article IX. Enforcement
10.04.890 Repealed.
10.04.900 Enforcement – Warrants and arrest.
10.04.910 Cost of prosecution.
10.04.920 Repealed.
10.04.930 Stay out of areas of prostitution orders.
Article I. Definitions and Interpretation
10.04.010 Title.
This chapter shall be referred to and known as the “Lynnwood penal code,” and reference to the city herein means the city of Lynnwood. (Ord. 50 § 1.1, 1959)
10.04.020 Interpretation of words and phrases.
Unless the context thereof indicates to the contrary, words and phrases used herein in the past, present or future tense shall include the past, present and future tenses; words and phrases used herein in the masculine, feminine or neuter genders shall include the masculine, feminine and neuter genders; and words and phrases used herein in the singular or plural shall include the singular and plural. (Ord. 50 § 1.2, 1959)
10.04.031 Principal defined.
Every person concerned in the commission of a gross misdemeanor or misdemeanor in violation of any city ordinance, whether he directly commits the act constituting the offense or aids or abets in its commission, and whether present or absent; and every person who directly or indirectly counsels, encourages, hires, commands, induces or otherwise procures another to commit a gross misdemeanor or misdemeanor, is a principal and shall be proceeded against and punished as such. The fact that the person aided, abetted, counseled, encouraged, hired, commanded, induced or procured, could not or did not entertain a criminal intent, shall not be a defense to any person aiding, abetting, counseling, encouraging, hiring, commanding, inducing or procuring him. (Ord. 480 § 1, 1969)
10.04.032 Severability clause.
If any sentence, clause or phrase of LMC 10.04.031 and this section is for any reason held to be unconstitutional or void, such decision shall not affect the validity of the remaining portions of LMC 10.04.031 and this section. (Ord. 480 § 1, 1969)
10.04.033 Attempted crime.
An act done with intent to commit a crime, intending but failing to accomplish it, is an attempt to commit that crime, and every person who is convicted of attempting to commit a crime, unless otherwise prescribed by ordinance, shall be punished in the same manner as if that crime had been accomplished. (Ord. 705 § 1, 1973)
10.04.050 Peace officer defined.
For the purposes of this chapter, “peace officer” means a duly appointed city, county or state law enforcement officer. (Ord. 178 § 1, 1963)
10.04.060 Severability.
If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter. (Ord. 50 § 12.2, 1959)
Article II. Interfering with and
Obstructing Officers10.04.100 Taking property from officer.
Every person who shall take from the custody of any officer or other person any personal property in his charge under any process of law, or who shall willfully injure or destroy such property, shall be guilty of a misdemeanor. (Ord. 50 § 2.5, 1959)
10.04.150 Impersonating an officer.*
Any person who shall falsely personate a public officer, civil or military, or a policeman, or a private individual having special authority by law to perform an act affecting the right or interest of another, or who, without authority, shall assume any uniform or badge of which such an officer or person is lawfully distinguished by, and in such assumed character shall do any act purporting to be official, whereby another is injured or defrauded, shall be guilty of a misdemeanor. (Ord. 178 § 24, 1963)
*For provisions regarding false personation of public officer, see RCW 9.34.020.
10.04.160 Obstruction of extinguishment of fire.
Every person who, with intent to prevent or obstruct the extinguishment of any fire shall cut or remove any bell rope, wire or other apparatus for communicating an alarm of fire, or cut, injure or destroy any engine, hose, or other fire apparatus, or otherwise prevent or obstruct the extinguishment of any fire, shall be guilty of a gross misdemeanor. (Ord. 50 § 2.9, 1959)
10.04.170 Obstructing firemen.
Every person who at the burning of any building shall be guilty of any disobedience to the lawful orders of a public officer or fireman or of resistance to or interference with the lawful efforts of any fireman, or company of firemen to extinguish the same, or of disorderly conduct likely to interfere with the extinguishment thereof, or who shall forbid, prevent or dissuade others from assisting to extinguish such fire, shall be guilty of a misdemeanor. (Ord. 50 § 2.10, 1959)
Article III. Registration of Felons
10.04.180 Registration required – Conditions.
Anyone convicted of a felony, or of any crime constituting a felony under the statutes of the state of Washington, or any person on probation, or parole, who shall be within the city limits of Lynnwood, or in transit, temporarily or otherwise, must within 48 hours after arrival therein report to and furnish the chief of police with a written statement signed by such person, containing his true name and each other name or alias by which he is or has been known, a full and complete personal description, the name of each crime of which he has been convicted, the place where committed, the name under which he was convicted, the date of each such conviction, the name and location of each prison, reformatory or other penal institution, if any, in which he was confined as punishment therefor, the location or address of each of his actual or intended residence, stopping place or living quarters in the city of Lynnwood, together with a description of each such place, whether hotel, apartment house, dwelling house or otherwise, giving the street number, if any, or such description of the location as will identify the same, and the length of time which he expects or intends to reside within said city. At the time of furnishing such statement said person shall be photographed and fingerprinted by the chief of police. All this shall be subject to the following conditions:
A. Change of Address. Any such person changing his place of residence, stopping place or living quarters, shall within 48 hours thereafter notify said chief of police in a written and signed statement of such change of address, and shall furnish the statement of such new address.
B. Records Confidential. All reports, records, photographs and fingerprints taken pursuant to this chapter shall be private records of the chief of police, open to the inspection of police officers only, or persons having official duties to perform in connection therewith, and it is unlawful for anyone having access to such records to disclose to anyone else, other than in the regular discharge of his duties, any information contained therein.
C. Violation. It is unlawful to fail to furnish any statement, report, information, photograph or fingerprint required by this chapter within the time required hereby or to furnish any such statement, information, photograph or fingerprint which is false or misleading.
D. Exceptions. The requirements of this section shall not apply to any person five years after a full pardon or a final release or discharge from a reformatory, penitentiary or other penal institution has been granted such person. (Ord. 178 § 8, 1963)
Article IV. Crimes against the Person
10.04.210 Provoking assault.
Every person who by word, sign or gesture, willfully provokes, or attempts to provoke another person to commit an assault or breach of the peace, shall be guilty of a misdemeanor. (Ord. 50 § 4.3, 1959)
10.04.230 Malicious prosecution.
Every person who shall, maliciously and without probable cause therefor, cause or attempt to cause another to be arrested or proceeded against for any crime of which he is innocent, shall be guilty of a misdemeanor. (Ord. 178 § 22, 1963)
Article V. Larceny and Fraud
10.04.300 Collecting for charity without authority.
Any person who shall sell a ticket to any ball, benefit or entertainment, or ask or receive a subscription or promise therefor for the benefit or pretended benefit of any person, association or order, or who shall otherwise solicit or obtain money on behalf of any person or association or order, without being duly authorized thereto by the person, association or order for whose benefit or pretended benefit that the same is done, shall be guilty of a misdemeanor. (Ord. 178 § 23, 1963)
10.04.310 False advertising.
Any person, firm, corporation or association, who, with intent to sell or otherwise dispose of merchandise, securities or service, or anything offered by such person, firm, corporation or association, directly or indirectly, to the public for sale or distribution, or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire a title thereto, or an interest therein, makes, publishes, disseminates, or circulates, or places before the public, or causes, directly or indirectly, to be made, published, disseminated or circulated, or placed before the public in this city, in a newspaper or other publication, or in the form of a book, notice, handbill, poster, bill, circular, pamphlet or letter, or in any other way an advertisement of any sort regarding merchandise, securities, service, or anything so offered to the public which advertisement contains any assertion, representation or statement of fact which is untrue, deceptive or misleading, shall be guilty of a misdemeanor; provided, that the provisions of this section shall not apply to any owner, publisher, agent or employee of a newspaper for the publication of such advertisement published in good faith and without knowledge of the falsity thereof. (Ord. 178 § 20, 1963)
Article VI. Weapons
10.04.510 Purchasing weapon by use of false information.
Any person who shall in purchasing or otherwise securing delivery of a pistol or in applying for a license to carry the same give false information or offer false evidence of his identity shall be guilty of a misdemeanor. (Ord. 50 § 6.11, 1959)
Article VII. Minors
10.04.540 Curfew.
No person or persons under the age of 18 years shall be permitted to walk, ride, play, loaf, or lounge in any street, road, alley or public park or plaza within the city limits between the hours of 10:00 p.m. and 5:00 a.m. Any parent or guardian or other person in authority who shall permit a child or children to violate the provisions of this section shall, when convicted, be deemed guilty of a misdemeanor, and be fined in any sum not exceeding $15.00; provided, that the provisions of this section shall not apply to any child or children who are in company of a parent or other adult having custody of him or them as the case may be, nor to a child or children who may be sent for medicine, medical or other assistance in case of accident or sickness, or other necessary errand by a parent or guardian while in such service; provided further, that the provision of this section shall not apply to any child or children who are gainfully employed between the hours of 10:00 p.m. and 5:00 a.m. or are in transit to or from such employment along the shortest course between the place of employment and such child or children’s place of abode. (Ord. 50 § 10.1, 1959)
10.04.550 Minors frequenting taverns – Misrepresentation of age – Classification of licenses.
Recodified by Ord. 1772.
10.04.560 Proprietor allowing minors to remain where liquor is sold.
Recodified by Ord. 1772.
10.04.570 Supplying liquor to minors.
Recodified by Ord. 1772.
10.04.580 Possession of liquor by minors.
Recodified by Ord. 1772.
10.04.581 Purchase or consumption by minors – Exceptions.
Repealed by Ord. 1772.
10.04.590 Minor falsifying age.
Recodified by Ord. 1772.
10.04.610 Recodified.
Recodified by Ord. 2164 to LMC 10.02.050.
Article VIII. Unlawful Conduct
10.04.640 Contempt of court.
Every person who shall commit a contempt of court of any one of the following kinds shall be guilty of a misdemeanor:
A. Disorderly, contemptuous or insolent behavior committed during the sitting of the court or city council, in its immediate view and presence and directly tending to interrupt its proceedings or to impair the respect due to its authority; or
B. Breach of the peace, noise, or other disturbance directly tending to interrupt the proceedings of a court, jury or referee, or city council meetings; or
C. Contumacious and unlawful refusal to be sworn or to attest or affirm, as a witness, or after being sworn, to answer any legal and proper interrogatory. (Ord. 50 § 3.1, 1959)
10.04.710 Prostitution loitering.
A. As used in this section:
1. “Commit prostitution” means to engage in sexual conduct for money but does not include sexual conduct engaged in as part of any stage performance, play or other entertainment open to the public.
2. “Known prostitute or procurer” means a person who within one year previous to the date of arrest for violation of this section, has within the knowledge of the arresting officer been convicted in Lynnwood municipal court of an offense involving prostitution.
3. “Public place” means an area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the general public including those which serve food or drink, or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.
4. “Sexual conduct” means conduct as defined in RCW 9A.44.010.
B. A person is guilty of prostitution loitering if he or she remains in a public place and intentionally solicits, induces, entices, or procures another to commit prostitution.
C. Among the circumstances which may be considered in determining whether the actor intends such prohibited conduct are that he or she:
1. Repeatedly beckons to, stops or attempts to stop, or engages passersby in conversation; or
2. Repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gesture; or
3. Circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to stop pedestrians; or
4. Is a known prostitute or procurer; or
5. Inquires whether a potential patron, procurer or prostitute is a police officer, searches for articles that would identify a police officer, or requests the touching or exposing of genitals or female breasts to prove that the person is not a police officer. (Ord. 2138 § 1, 1997)
10.04.711 Unlawful possession of liquor.
Recodified by Ord. 1772.
10.04.712 Drinking liquor in public prohibited – Exception.
Recodified by Ord. 1772.
10.04.713 Public place defined – Exclusions.
Recodified by Ord. 1772.
10.04.720 Drinking in public conveyance prohibited.
Recodified by Ord. 1772.
10.04.730 Indecent language, practices and drunkenness.*
Any person who uses in the presence of any person in any public place any indecent or vulgar language, or who appears upon any public road or street, or in any or upon any public place or conveyance in any indecent, drunken or maudlin condition or boisterous manner shall be guilty of a misdemeanor. (Ord. 50 § 5.9, 1959)
*For statutory provisions on indecent language and conduct, see Chapter 9.68 RCW.
10.04.740 Public indecency.
A. Public Indecency Prohibited. Notwithstanding anything in the Lynnwood Municipal Code to the contrary, a person who knowingly or intentionally, in a public place:
1. Engages in actual or simulated sexual intercourse, deviate sexual conduct, masturbation, sodomy, bestiality, oral copulation, flagellation or other ultimate sex acts; or
2. Excretory functions; or
3. Appears in a state of nudity; or
4. Fondles the genitals of himself, herself or another person; commits the crime of public indecency, a misdemeanor.
B. Exemptions. This section shall not be construed to prohibit:
1. Plays, operas, musicals or other dramatic works that are not obscene;
2. Classes, seminars and lectures held for serious scientific or educational purposes that are not obscene;
3. Exhibitions or dances which are not obscene.
C. Definitions. For purposes of this section, the following words or phrases shall have the meanings set forth herein, as follows:
1. “Nudity” means the state of being unclothed, or the showing of the human male or female genitals, pubic area, anus or buttocks with less than fully opaque covering or the showing of the human female breast with less than a fully opaque covering of any part of the areola, or the showing of the covered male genitals in a discernibly turgid state.
2. “Public place” means any location, place or business open to or accessible to the public or a segment thereof, or any place exposed to the public view, including, but not limited to, streets, sidewalks, alleys, automobiles, whether moving or not and parking lots, regardless of whether minors are admitted or excluded and regardless of whether attendance is conditioned upon the presentation of compensation of any kind whatsoever or presentation of a membership card or other token.
3. “Obscene” means an activity which:
a. Taken as a whole by an average person applying contemporary community standards, appeals to a prurient interest in sex;
b. Depicts patently offensive representations, as measured against community standards, of:
i. Ultimate sexual acts, normal or perverted, actual or simulated; or
ii. Masturbation, fellatio, cunnilingus, bestiality, excretory functions, or lewd exhibition of the genitals or genital area; or
iii. Violent or destructive sexual acts, including, but not limited to, human or animal mutilation, dismemberment, rape, or torture; and
c. Taken as a whole, lacks serious literary, artistic, political or scientific value.
D. Provision specifically applicable to adult entertainment. This section is specifically applicable to employees and entertainers of adult entertainment premises, and no employee or entertainer of an adult entertainment premises shall appear in a state of nudity on any part of the premises open to view to members of the public, provided, in the event that the city is restrained by a court of competent jurisdiction from enforcing its prohibition of nudity as set forth herein, then any provision or regulation in Chapter 5.50 LMC, as amended, shall be considered unaffected, saved, and revived as if this section had never been enacted. (Ord. 50 § 5.10, 1959)
10.04.742 Soliciting for an act of public indecency.
Every person who solicits another to engage in an act of public indecency in a public place shall be guilty of a misdemeanor. (Ord. 2138 § 2, 1997)
10.04.745 Urinating in public – Prohibited.
Any person who intentionally urinates or defecates in a place other than a washroom or toilet room or other facility specifically designated and intended for that use is guilty of a misdemeanor. (Ord. 1933 § 3, 1993)
10.04.750 Obscene literature.
Any person shall be deemed guilty of a misdemeanor who shall:
A. Sell, lend or give away, or have in his possession with intent to sell, lend, give away or show, any obscene, pornographic or indecent book, magazine, pamphlet, newspaper, story, paper, writing, picture, drawing, photograph, or any article, or instrument of indecent or immoral character, or who shall design, copy, draw, photograph, print, publish or otherwise prepare such a book, picture, drawing or paper or other article, or write or print any circular, advertisement or notice of any kind, or give oral information stating when, where or how or from whom such an indecent or obscene article or thing can be purchased or obtained; or
B. Sell, lend, give away or have in his possession with intent to sell, lend, give away or to show any book, pamphlet, magazine, newspaper or other printed paper devoted to the publication or largely made up of criminal news, police reports, account of criminal deeds, or pictures or stories of deeds and bloodshed, lust or crime; or
C. Exhibit within the view of any minor any books, papers or other things hereinbefore enumerated; or
D. Hire, use or employ, or having custody or control of a minor, shall permit any minor to sell, give away or in any manner distribute any article hereinbefore mentioned; or
E. Shall cause to be performed, exhibited or engage in the performance of any obscene, indecent, or immoral show, act or performance. (Ord. 178 § 14, 1963)
10.04.810 Willfully retaining library books.
Any person who willfully retains any book, newspaper, magazine, pamphlet, manuscript, recording or other property belonging to or in any public library, reading room, or other educational institution, for 30 days after notice in writing to return the same, given after the expiration of the time that by the rules of such institution such article or other property may be kept, shall be guilty of a misdemeanor. (Ord. 178 § 15, 1963)
10.04.820 Gas bombs and stink bombs.
Any person other than a lawfully constituted peace officer of this city, or of the state, who deposits, leaves, places, sprays, scatters, spreads or throws in any building, or any place, or who counsels, aids, assists, encourages, incites or directs any other person or persons to deposit, leave, place, spray, scatter, spread or throw, in any building or place, or who has in his possession for the purpose of, and with the intent of depositing, leaving, placing, spraying, scattering, spreading or throwing, in any building or place, or of counseling, aiding, assisting, encouraging, inciting or directing any other person or persons to deposit, leave, place, spray, scatter, spread or throw, any stink bomb, stink paint, tear bomb, tear shell, or any other device, material, chemical or substance which, when exploded or opened, or without such exploding or opening, by reason of its offensive and pungent odor, does or will annoy, injure, endanger or inconvenience any person or persons, shall be guilty of a misdemeanor; provided, that this section shall not apply to persons in the military service, actually engaged in the performance of military duties, pursuant to orders from competent authority, nor to any property owner or persons acting under his authority providing protection against the commission of a felony. (Ord. 178 § 12, 1963)
10.04.830 Smoking where prohibited.
Any person who shall light a pipe, cigar or cigarette, or who shall enter with a lighted pipe, cigar or cigarette, any mill or other building in which is posted in a conspicuous place over or near such principal entrance a notice in plain, legible characters stating that no smoking is allowed in such building, shall be guilty of a misdemeanor. (Ord. 178 § 30, 1963)
10.04.850 Giving false fire alarm.
It shall be a misdemeanor for any person to knowingly cause or make any false fire alarm of fire within the city of Lynnwood; provided, that this section shall not apply to the chief of the fire department when he shall deem it expedient to give such false alarm for the discipline of fire department personnel. (Ord. 178 § 32, 1963)
10.04.860 Ambulance drivers and attendants.
Any person violating any of the following provisions shall be guilty of a misdemeanor:
A. It is unlawful to drive or attend as assistant, an ambulance without first having successfully completed the advanced first aid course offered by the American Red Cross.
B. All ambulances must be at all times manned by two persons (driver and attendant) and equipped with first aid equipment consisting of resuscitator, inhalator, leg and arm splints, and standard 24 unit first aid kit as prescribed by the American Red Cross.
C. It is unlawful for the driver or attendant of any ambulance to have consumed, within an eight-hour period prior to use of said emergency vehicle, any quantity of any alcoholic beverage, or any narcotic or barbiturate, whether said person be under the influence of said alcohol, narcotic or barbiturate or not. (Ord. 178 § 17, 1963)
10.04.870 Abandoning, discarding refrigeration equipment.
Any person who discards or abandons or leaves in any place accessible to children any refrigerator, ice box, or deep freeze locker having a capacity of one and one-half feet or more, which is no longer in use, and which has not had the door removed or a portion of the latch mechanism removed to prevent latching or locking of the door, is guilty of a misdemeanor. Any owner, lessor, lessee, or manager who knowingly permits such unused refrigerator, ice box or deep freeze locker to remain on the premises under his control without having the door removed or a portion of the latch mechanism removed to prevent latching or locking of the door is guilty of a misdemeanor. Guilt of a violation of this paragraph of this section of this chapter shall not, in itself, render any person guilty of any crime against a person who may suffer death or injury from entrapment in such refrigerator, ice box or deep freeze locker.
Any person who keeps or stores refrigerators, ice boxes, or deep freeze lockers for the purpose of selling or offering them for sale shall not be guilty of a violation of this chapter if he takes reasonable precautions to effectively secure the door of any refrigerator, ice box or deep freeze locker held for purpose of sale so as to prevent entrance of any child or children small enough to fit into such articles. (Ord. 178 § 18, 1963)
10.04.875 Feeding animals or leaving foodstuffs on public property.
A. No persons shall deposit, place, distribute, or leave any foodstuffs of any kind or nature on public property, or property subject to city right-of-way, or property subject to easement or other agreement giving the city control or use of the property, save and except in a receptacle provided by the city for that purpose.
B. No persons shall feed any animal, including but not limited to, birds or waterfowl, on public property, or property subject to city right-of-way, or property subject to easement or other agreement giving the city control or use of the property.
C. The provisions of this section shall not apply to any public officer or public employee in the performance of his or her duties.
D. Any person who shall violate or fail to comply with any provision of this section shall, upon the first conviction therefore, be punished by a fine only of not more that $50.00. Upon the second such conviction within one year of a previous violation, a person shall be punished by a fine only of not more than $100.00. Upon the third or subsequent such conviction where three violations occur within a one-year period, a person shall be guilty of a misdemeanor and punished by a fine of not more than $300.00. A conviction includes any finding of guilt, stipulation to guilt or facts sufficient to establish guilt, forfeiture, or a deferred or suspended sentence. (Ord. 2029 § 1, 1995)
10.04.880 Maintaining or permitting public nuisance.
Any person who commits or maintains a public nuisance, for which no special punishment is prescribed, or who willfully omits or refuses to perform any legal duty relating to the removal of such nuisance, or any person who lets or permits to be used, any building or boat, or portion thereof, knowing that it is intended to become or is being used for committing or maintaining any such nuisance, shall be deemed guilty of a misdemeanor. (Ord. 178 § 16, 1963)
10.04.885 Distribution of drugs.
Repealed by Ord. 1840.
10.04.887 Disposition of tenant’s personal property.*
Any landlord of rented premises who violates any of the following provisions shall be guilty of a misdemeanor:
A. It is unlawful for a landlord, or any person designated as a representative of the landlord, to cause or direct, or knowingly permit the removal of any tenant’s personal property, or any property or items from the demised premises or common areas thereon, to a public sidewalk, public walkway, public street or right-of-way.
B. It is unlawful for a landlord to cause or direct, or knowingly permit, the removal of any tenant’s personal property, or any property or items from the demised premises or common areas thereon, to any area exposed to plain public view, from a public sidewalk, public walkway, or public street or right-of-way.
C. The terms “landlord,” “tenants” and “premises” are to be construed as defined in RCW 59.18.030 (1973). (Ord. 1768 § 1, 1990)
*Code reviser’s note: Ord. 1768 § 1 has been codified as LMC 10.04.887 because LMC 10.04.885 previously existed.
Article IX. Enforcement
10.04.890 Violation of ordinances a misdemeanor.
Repealed by Ord. 2164.
10.04.900 Enforcement – Warrants and arrest.
The municipal court judge shall issue warrants for the arrest of any person or persons accused in a written complaint of violating any of the provisions of this chapter; provided, that the police may arrest without a warrant any person violating any of the provisions of this chapter in his or their presence. It shall be the duty of the Lynnwood city police to strictly enforce the provisions of this chapter. (Ord. 178 § 7, 1963)
10.04.910 Cost of prosecution.
Whether anyone is convicted of an offense under any section of this penal code or section of any other city ordinance, in addition to the fine imposed he must pay the costs of prosecution. Costs of prosecution shall include any or all of the following: cost of docketing, cost of issuing the warrant, cost for mileage in processing the warrant, a fee for a personal recognizance bond, costs for witness fees. In default of such payment he shall be imprisoned until such fine and costs of prosecution are paid or worked out on a basis of $3.00 per each day of imprisonment. (Ord. 50 § 1.4, 1959)
10.04.920 Penalties for violations.
Repealed by Ord. 2164.
10.04.930 Stay out of areas of prostitution orders.*
A. Stay out of areas of prostitution orders, hereinafter known as SOAP orders, may be issued by the Lynnwood municipal court to anyone charged with prostitution or patronizing a prostitute under Chapter 10.02 LMC, or prostitution loitering under this chapter as a condition of pre-trial release.
B. SOAP orders may be issued by the Lynnwood municipal court to anyone convicted of, or placed on a stay of proceedings for, prostitution or patronizing a prostitute under Chapter 10.02 LMC, or prostitution loitering under this chapter.
C. Whenever a police officer shall have probable cause to believe that a person has received a SOAP order and in the officer’s presence is seen violating or failing to comply with any requirement or restriction imposed by the court, such officer may arrest the violator without warrant or other process for violation of the SOAP order and bring said person before the court issuing the order.
D. The SOAP order shall warn the person named in the order to stay out of the following high risk prostitution area:
The entire area within the City of Lynnwood extending from the South City limits to the North City limits along Highway 99, and 500 feet to either side of the centerline of Highway 99.
E. A person is deemed to have notice of the SOAP order when:
1. The signature of the person named in the order or their attorney is affixed to the bottom of the order, signifying that they have read the order and have knowledge of the contents of the order; or
2. The order recites that the person named in the order or the person’s attorney appeared in person before the court.
F. The written SOAP order shall contain the court’s directives and shall bear the legend: “Violation of this order is a criminal offense under Chapter 10.04 LMC and will subject the violator to arrest.”
G. Whenever a SOAP order is issued under this section, and the person named in the order knows of the order, or is deemed to have notice of the order, a violation of any of the provisions of the order is a misdemeanor. (Ord. 2137 § 1, 1997)
*Code reviser’s note: Ord. 2137 § 1 has been codified as LMC 10.04.930 because LMC 10.04.890 previously existed.
Chapter 10.08
NUISANCES*Sections:
10.08.010 Repealed.
10.08.020 Repealed.
10.08.030 Repealed.
10.08.040 Repealed.
10.08.050 Repealed.
10.08.060 Severability.
10.08.070 Violation – Penalty.
10.08.080 Caterpillars as public nuisance – Abatement procedure.
10.08.090 Junk vehicle as public nuisance.
10.08.100 Junk vehicle defined.
10.08.110 Junk vehicles certification.
10.08.120 Junk vehicle – Abatement and removal notice, hearing.
10.08.130 Junk vehicle – Designated disposal site.
10.08.140 Removal of junk vehicle or parts thereof.
10.08.150 Junk vehicle – Cost assessment.
10.08.160 Junk vehicle – Abatement and removal exception.
10.08.190 Junk defined.
10.08.200 Public nuisance defined.
10.08.210 Permitting – Maintaining.
10.08.220 Abatement/violation – Order.
10.08.230 Abatement – Failure – Penalty.
10.08.240 Abatement – Immediate.
10.08.250 Abatement by city – Safeguards.
10.08.260 Abatement – Cost.
*For provisions regarding dog nuisances, see LMC Title 6; for penalty for violations, see Chapter 10.04 LMC; for power to declare an act or thing a nuisance, see RCW 35.24.330.
10.08.010 Public nuisance defined.
Repealed by Ord. 2011.
10.08.020 Public nuisances affecting health.
Repealed by Ord. 2011.
10.08.030 Public nuisances affecting morals and decency.
Repealed by Ord. 2011.
10.08.040 Public nuisances affecting peace and safety.
Repealed by Ord. 2011.
10.08.050 Methods of abatement.
Repealed by Ord. 2011.
10.08.060 Severability.
Every section, provision or part of this chapter is declared separable from every other section, provision or part; and if any section, provision or part hereof shall be held invalid, it shall not affect any other section, provision or part not declared invalid. (Ord. 42 § 7, 1959)
10.08.070 Violation – Penalty.
Unless otherwise provided by this chapter any person, firm or corporation violating any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction, shall be fined not more than $300.00, or be imprisoned in the city jail for not more than 90 days, or be both so fined and imprisoned. (Ord. 2187 § 1, 1998; Ord. 2164 § 9, 1997; Ord. 744 § 2, 1974)
10.08.080 Caterpillars as public nuisance – Abatement procedure.
A. The following is declared to be a nuisance affecting public peace, safety and welfare: to own or occupy any premises upon which there shall be any trees or shrubbery which have become infected by caterpillars. It shall be the duty of every person owning or occupying any premises in the city of Lynnwood on which there shall be growing any fruit, shade or forest trees or shrubbery of any kind, to keep the same free from caterpillars, and in the event it is found that any fruit, shade or forest trees or shrubbery have become infected with caterpillars, it shall be unlawful for the owner or occupant of any such premises on which there shall be growing any such trees or shrubbery to fail or neglect to promptly take and use such methods as may be necessary to effectually destroy such caterpillars, or to in lieu thereof destroy such trees or shrubbery.
B. Failure to Eliminate Caterpillars. Should any property owner or tenant in possession, after having been given seven days’ written notice signed by the chief of police or other person designated by the chief of police, fail to eliminate and eradicate caterpillars on said property owned or occupied in the city of Lynnwood, a criminal citation shall be issued for violation of the provisions of this chapter.
C. Contents of Notice. Said notice shall describe by street address and/or general terms the property involved and the condition of infestation or presence of caterpillars, and shall require that the owner cause the condition to be eliminated within such period of time as is designated on the notice which shall be seven days; the notice shall further provide that if said condition is not eliminated within seven days, then a criminal citation shall be issued charging the owner and/or tenant in possession with a violation of the laws of the city of Lynnwood punishable by imprisonment and/or fine. The notice shall further provide that a criminal citation will not issue if:
1. On or before the date specified on the written notice the property owner provides written proof to the chief of police or other person designated by the chief of police that the condition was treated by a sprayer or pesticide applicator licensed by the state of Washington; or
2. The chief of police or other person designated inspects the property on or as soon after the date specified for elimination of the problem in the written notice and determines that the condition is eliminated.
The notice shall further provide that a recurrence or failure of the corrective measures to eliminate the condition will result in issuance of other correction notices and/or criminal citations.
D. Service of Notice. The notice provided for in subsection (C) of this section shall be served by delivering the notice or a copy thereof to the owner personally if the owner be in possession of the premises, or by leaving the same at his place of residence with a person of suitable age or discretion, or to the tenant in possession, or by leaving the same at his residence with a person of suitable age or discretion, or if the owner or tenant or a person of suitable age and discretion cannot be found then by affixing a copy of the notice in a conspicuous place on the premises involved and mailing a copy thereof to the owner at his last-known place of residence, if any, or to the person whose name appears on the current assessment roll of the county assessor, relating to the property involved.
E. Penalty for violations. Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $250.00 only. (Ord. 847 §§ 1 – 3, 1976)
10.08.090 Junk vehicle as public nuisance.
The following is declared to be a nuisance affecting public peace, safety and welfare; junk vehicles as defined below or parts thereof located on private property. (Ord. 2187 § 1, 1998; Ord. 1573 § 7, 1987)
10.08.100 Junk vehicle defined.
“Junk vehicle” means a vehicle certified under RCW 46.55.230 as meeting at least three of the following requirements:
A. Is three years old or older;
B. Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield or missing wheels, tires, motor or transmission;
C. Is apparently inoperable;
D. Has an approximate fair market value equal only to the approximate value of the scrap in it. (Ord. 2011 § 3, 1994; Ord. 1573 § 8, 1987)
10.08.110 Junk vehicles certification.
The Lynnwood police department may inspect and certify that a vehicle meets the requirements of a junk vehicle. The officer making the certification shall record the make and vehicle identification number or license number of the vehicle if available, and shall also describe in detail the damage or missing equipment to verify that the value of the junk vehicle is equivalent only to the value of the scrap in it. (Ord. 1573 § 9, 1987)
10.08.120 Junk vehicle – Abatement and removal notice, hearing.
A. Upon certification by the Lynnwood police department that a vehicle is a junk vehicle, notice shall be provided to the last registered owner of the vehicle and to the property owner of record that the vehicle has been certified to be a junk vehicle and that it will be removed and disposed of as a junk vehicle within 14 days of receipt of said notice unless the owner of the vehicle or the property owner requests a hearing to contest the abatement and removal of the vehicle or part thereof. Such hearing, if requested, shall be heard by a city hearing examiner appointed for such proceedings.
B. If a timely request for a hearing is received by the city, the city shall mail by certified mail, with a five-day return receipt requested and by regular mail to (1) the owner of the land, as shown on the last equalized assessment roll, (2) the person requesting the hearing, and (3) the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership, notice of the time, location and date of the hearing on the question of abatement and removal of the vehicle or part thereof as a public nuisance.
C. The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing and deny responsibility for the presence of the vehicle on the land with his reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, then neither the land owner nor the property owner shall be assessed the costs of administration or removal of the vehicle. (Ord. 1573 § 10, 1987)
10.08.130 Junk vehicle – Designated disposal site.
Tow truck operators with a letter of appointment from the city shall, upon request of the city police department, remove to a disposal site designated junk vehicles or parts thereof. Costs of such removal shall be recovered by the tow truck operators in accordance with RCW 46.55.130 as now or hereafter amended. (Ord. 1573 § 11, 1987)
10.08.140 Removal of junk vehicle or parts thereof.
After notice as provided herein has been given of the intent of the city to dispose of a junk vehicle and after a hearing, if requested, has been held, the police department shall make arrangements with a tow truck operator to remove said vehicle or part to a disposal site. The police department shall notify the Washington State Patrol and the Department of Licensing that said vehicle has been wrecked. (Ord. 1573 § 12, 1987)
10.08.150 Junk vehicle – Cost assessment.
Costs of abatement and removal may be assessed against the last registered owner of the 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 46.12.100, or the costs may be assessed against the owner of the property on which the vehicle is stored. (Ord. 1573 § 13, 1987)
10.08.160 Junk vehicle – Abatement and removal exception.
The abatement and removal of junk vehicles shall not apply to:
A. A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or
B. A vehicle or part thereof that 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. 1573 § 14, 1987)
10.08.190 Junk defined.
For the purposes of this chapter, “junk” is defined to include all abandoned motor vehicles and any vehicle parts, and all motor vehicles incapable of being presently operated and driven, all appliances or parts thereof, broken or discarded furniture, mattresses, and all iron or other metal, glass, paper, wire, cardboard, lumber, wood, building materials, and all waste or discarded material. Lumber and wood being used for an immediate construction project pursuant to a valid building permit is exempt. (Ord. 2187 § 1, 1998)
10.08.200 Public nuisance defined.
A. Every act unlawfully done and every omission to perform a duty, which act or omission does any of the following, shall constitute a public nuisance:
1. Injures, endangers or unreasonably annoys the safety, health, comfort, or repose of the citizens of the city; or
2. Offends public decency; or
3. Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, a public park, street, alley, highway, stream, canal, or basin; or
4. In any way renders any citizens of the city insecure in life or use of property.
B. The following acts, in addition to any others in violation of subsection (A) of this section, shall constitute a public nuisance:
1. Throwing, depositions, exposing, or causing to be disposed of, in any street or other public place within the city, and garbage, waste, refuse, litter, debris, or other offensive material, unless the disposal of such items in such place is specifically authorized by law;
2. Causing or allowing garbage, waste, refuse, litter, debris, or other offensive materials to be collected or deposited, or to remain in any place in the city, to the annoyance of any person, unless otherwise permitted by law;
3. Erecting, continuing, or using any building, room, property, or other place in the city for the exercise of any trade, employment, or manufacture which results in offensive odors or other annoyances being released, and which annoys, injures, or is offensive or detrimental to the health of the individuals there employed or residing, or the public;
4. Burning of refuse or other material in such a manner as to cause or permit the smoke, ashes, or gases arising from such burning to become discomforting or annoying, or to injure or endanger the health of any person or neighborhood;
5. All houses, rooms, booths, or other structures used as a place of resort where disorderly persons are allowed to congregate, or in which drunkenness is carried on or permitted;
6. Any pit, basin, hole, or other excavation which is unguarded and dangerous to life, or has been abandoned, or is no longer used for the purpose for which it was constructed, or is maintained contrary to law;
7. All obstructions to streets, rights-of-way, or other public ways in the city, and all excavations in or under the same, which are by ordinance prohibited, or which may be made without lawful permission, or which, having been made by lawful permission, are kept and maintained after the purpose thereof has been accomplished, or for an unreasonable length of time;
8. Erecting, maintaining, using, placing, depositing, leaving, or permitting to be or remain in or upon, any private lot, building, structure, or premises, or in or upon any street, alley, sidewalk, park, parkway, or other public or private place in the city, any one or more of, but not limited to, the following conditions or things:
a. Any unsound, putrid, or unwholesome bone, meat, hides, skin, or the whole or parts of any dead animal or fish, or any unsound, putrid, or unwholesome substance; or the offal, garbage, or other offensive parts of any animals; or any noxious, offensive, dangerous or otherwise injurious, chemicals or other materials such as oil, grease, poisons, explosives, radioactive materials, and other similar substances in such a manner as to be offensive or injurious to public health, or unpleasant or disagreeable to the adjacent residences or persons;
b. Any cellar, vault, drain, sewer, or septic tank to become, from any cause, noxious, foul, offensive, or injurious to public health, or unpleasant or disagreeable to the adjacent residences or persons;
c. Any noxious, foul, or putrid liquid or substances, or any liquid or substance likely to become noxious, foul, offensive, or putrid, to be discharged, placed or thrown upon or to flow from or out of, any premises into, or upon, any adjacent premises, or any public street or alley, or to stand, remain, or be upon any premises;
9. All vacant, unused, or unoccupied buildings and structures within the city, which are allowed to become or remain open to entrance by unauthorized persons or the general public, because of broken, missing, or open doors, windows, or other openings, so that the same may be used by vagrants or other persons in a manner detrimental to the health and welfare of the inhabitants of the city;
10. Any refrigerator, icebox or deep-freeze locker having a capacity of one and one-half cubic feet or more or any other container manufactured, custom-made or homemade designed for storage which is discarded, abandoned or left in any place accessible to children and which has not had the door or latching mechanism removed to prevent the latching or locking of the door;
11. The depositing or allowing of irrigation or other water to run by any street, alley, or other public place, or to cause annoyance, damage, or hazard to any user of the street, alley, or other public place;
12. All trees, hedges, billboards, fences, or other obstructions which prevent persons from having a clear view of traffic approaching an intersection from cross streets in sufficient time to bring a motor vehicle driven at a reasonable speed to a full stop before the intersection is reached;
13. All limbs of trees which are less than eight feet above the surface of any public sidewalk, or 12 feet above the surface of any street;
14. The keeping, using maintaining of any pen, stable, lot, place of premises in which any hog, cattle, or fowl may be confined or kept, in such manner as to be nauseous, foul, or offensive;
15. The keeping or harboring of any animal which by frequent or habitual howling, yelping, barking, or the making of other noises, or the keeping or harboring of any fowl which by frequent habitual crowing or the making of other noises shall annoy or disturb a neighborhood or any considerable number of persons;
16. To own or occupy any premises upon which there shall be any trees or shrubbery which have become infected by caterpillars. It shall be the duty of every person owning or occupying any premises in the city of Lynnwood on which there shall be growing any fruit, shade or forest trees, or shrubbery of any kind, to keep the same free from caterpillars, and in the event that it is found that any fruit, shade or forest trees, or shrubbery have become infected with caterpillars, it is unlawful for the owner or occupant of any such premises on which there shall be growing any such trees or shrubbery to fail or neglect to promptly take and use such methods as may be necessary to effectually destroy such caterpillars, or to in lieu thereof destroy such trees or shrubbery;
17. On property residentially zoned, or property occupied by a single-family residence or duplex, the parking, storing or allowing to be parked or stored or kept:
a. More than four motor vehicles, but not including any recreational vehicles, trailers, unmounted camper or canopy shells, motor homes, boats over 14 feet in length; provided, it is an affirmative defense to this section for the total to exceed four motor vehicles by the number of licensed drivers who reside at the residence and whose driver’s license is the same as the residence; and
b. A total of not more than three combined number of recreational vehicles, motor homes, trailers, unmounted camper or canopy shells, boats over 14 feet in length, subject to the following:
i. Any number of the total allowed may be parked, stored, or located upon a designated driveway as defined in this subsection; and
ii. A total of not more than two of the total allowed may be parked, stored, or located anywhere else on the property within the side or rear yards, subject to requirements of the zoning, building, and fire codes; and
iii. A total of not more than two of the total allowed, and only if they are motor vehicles (not including recreational vehicles, motor homes, trailers, unmounted camper or canopy shells, boats over 14 feet in length), may be parked on private property adjacent to and within 20 feet of the right-of-way so long as:
(A) The area is surfaced by asphalt, concrete, gravel or similar material; and
(B) The parking area is immediately accessible to the traveled portion of the roadway without intervening sidewalk; and
iv. Any vehicle, recreation vehicle, trailer, boat, camper, or motor home must be currently licensed and in operable condition;
c. The section does not apply to the following:
i. Any vehicle, including, recreational vehicles, motor vehicles, trailers, camper shells, or boats when they are kept or located in or under any lawfully permitted and constructed building;
ii. Temporary parking for a duration not to exceed 12 hours, for example, for temporary repairs, cleaning, guests;
iii. Any property or situation where a development regulation applies. For example, the limitation on number of vehicles would not apply at an apartment constructed pursuant to an approved building plan and permit with approved parking plans. For further example, parking would not be allowed in an approved landscaped area;
iv. To allow parking in or on the right-of-way, city-owned property, or fire lanes;
v. To allow the parking of any junk vehicles;
vi. Parking of motorcycles is exempt from this section;
d. “Designated driveway” means the clearly defined roadway leading from the street which is surfaced by asphalt, concrete, gravel or similar material not to exceed 24 feet in width, or otherwise as shown on city-approved building or site plans approved by the public works department. Where there is curb and gutter at the street, the driveway must have an approved curb cut. Where a property has more than one driveway, then vehicles may only be parked in one driveway in the area between the front of the residence or principal structure and the lot front line;
e. “Vehicle” or “motor vehicle” means a currently licensed motorized or nonmotorized conveyance that includes, but is not limited to, an automobile, car, truck, trailer, camper, motorcycle, watercraft, in operable condition;
f. “Recreational vehicle” means a currently licensed motorized or nonmotorized conveyance that includes, but is not limited to, motor homes, travel trailers, folding tent trailers, truck campers removed from a truck or pickup, horse trailers, boat trailers with or without boats, utility trailers, and similar vehicles;
18. On any privately owned property, keeping, storing or allowing to be kept or stored any junk that is not wholly enclosed by an sight obscuring fence (except for gates, which shall remain closed) so as to render the junk not visible to public rights-of-way or to adjacent properties. This section does not apply to any property or situation where a development regulation applies;
19. Using property, as a junk yard, or dumping ground, or for the wrecking or disassembling of automobiles, trucks, tractors, or machinery of any kind, or for the storing or leaving of worn-out, wrecked, or abandoned automobiles, trucks or other machinery of any kind, or of any of the parts thereof unless lawfully licensed to do so;
20. Allowing, retaining or otherwise permitting a building or structure to remain on any lot, site, tract or parcel of land in any zone of the city, if that building or structure meets each of the following four criteria:
a. For one year or more the building or structure has not been legally occupied by a permitted use within the land use zone where it is located; and
b. The building or structure does not meet minimum occupancy standards for a use permitted in the applicable zone; and
c. The value of the improvements needed to bring the building or structure into compliance with the minimum occupancy standards for a use permitted in the applicable zone would exceed 25 percent of the assessed or appraised value, as determined by the community development director or designee; and
d. The building or structure has any exterior openings closed by extrinsic devices giving the building or structure the appearance that it is not occupied or used for any use allowed by the zoning code at the particular location.
This provision shall not apply to a building or structure listed on the National Register of Historic Places, Washington State Register of Historic Places, Washington State Cultural Resource Inventory, or Snohomish County Cultural Resource Inventory;
21. Allowing, retaining or otherwise permitting a “nonconforming building or structure” as defined in LMC Title 21 to remain on any lot, site, tract or parcel of land in any zone of the city if that building or structure cannot, under the requirements of the zoning code, be restored or repaired to allow occupancy by a use conforming to the zoning code.
This provision shall not apply to a building or structure listed on the National Register of Historic Places, Washington State Register of Historic Places, Washington State Cultural Resource Inventory, or Snohomish County Cultural Resource Inventory.
C. The following acts, in addition to any others in violation of subsection (A) or (B) of this section, constitute a public nuisance:
1. Conditions which are determined by the department director or department head responsible for enforcing an ordinance or chapter of the Lynnwood Municipal Code to be violations of the standards and requirements of the ordinance or code and unreasonably detrimental to the public health and safety, or welfare, so as to constitute a public nuisance. The criteria for determining whether a nuisance exists shall be based on the criteria in subsection (A) of this section and Chapter 7.48 RCW.
D. Any determination of or with respect to a public nuisance is subject to review in accordance with Phase II Process, LMC 1.35.200. (Ord. 2419 § 1, 2002; Ord. 2187 § 1, 1998; Ord. 2047 § 1, 1995; Ord. 2011 § 2, 1994)
10.08.210 Permitting – Maintaining.
It is unlawful for any person, by himself or by his agents or employees, or as the agent or employee of another person, firm or corporation, to do, or permit to be done, upon any premises over which he has control; or to maintain, carry on, suffer, or allow, at any place or places, any of the acts or things declared to be nuisances in this chapter; or to do or cause or permit, or suffer to be done, or to maintain, any act or thing which is detrimental or injurious to public health, or offensive to the sense, or contrary to public decency or morality.
If the owner or agent of any premises has actual or constructive knowledge of the maintenance on or in his premises of any nuisance, as defined in this chapter, he shall be deemed one of the persons in control of the premises. (Ord. 2011 § 2, 1994)
10.08.220 Abatement/violation – Order.
A. Upon the discovery of a nuisance, the chief of police, community development director, fire marshal, their designees, or other proper office of the city may order the owner or other person creating, keeping, maintaining or permitting the same to abate it, and in default thereof to undertake the abatement on behalf of the city. At least 10 days before he commences abatement, save in these cases of immediate necessity, the officer shall notify the person creating, keeping, maintaining or permitting the nuisance, the property owner and any person in possession of the property, if known, of his intentions. The notice shall be served personally or by first class mail and shall describe with particularity the nature of the violation, the sections of this code or other law which are being violated and specifying a reasonable time within which the abatement must be accomplished. Such an order is subject to review in accord with the Phase II Process, LMC 1.35.200 et seq.
B. In addition to such other penalties as may be imposed, the hearing examiner or a court entering a finding of creating a public nuisance may order the abatement of the same on such terms and conditions as may be just and equitable. (Ord. 2187 § 1, 1998; Ord. 1994 § 2, 1994)
10.08.230 Abatement – Failure – Penalty.
Any person creating, keeping, or maintaining any nuisance, or permitting, allowing, or suffering any nuisance to be maintained, who neglects or fails to abate or remove the nuisance within 24 hours next after so creating, keeping, or maintaining the nuisance, or permitting, allowing, or suffering the same to be maintained, shall, for each 24 hours thereafter during which the nuisance is continued, be guilty of a separate violation of maintaining a public nuisance. (Ord. 2011 § 2, 1994)
10.08.240 Abatement – Immediate.
Whenever any code violation causes a condition, the continued existence of which constitutes an immediate threat to the public health, safety or welfare or to the environment, the city may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it shall be given to the person responsible for the violation as soon as reasonably possible after the abatement. No right of action shall lie against the city or its agents, officers, or employees for actions reasonably taken to prevent or cure any such immediate threats, but neither shall the city be entitled to recover any costs incurred for summary abatement, prior to the time that actual notice of same is provided to the person responsible for the violation. (Ord. 2285 § 2, 1999; Ord. 2011 § 2, 1994)
10.08.250 Abatement by city – Safeguards.
In any case where a nuisance is to be abated by the chief of police or any other proper officer it shall be the duty of such officer to proceed with due care and without unnecessary destruction of property. He shall in all cases be authorized to employ such assistance and adopt such means as may be necessary to effect the entire abatement of the nuisance. (Ord. 2011 § 2, 1994)
10.08.260 Abatement – Cost.
Every person, firm, or corporation maintaining a nuisance, or permitting, allowing, or suffering a nuisance to be maintained, as prohibited by this chapter or otherwise, shall be liable for all fines, penalties, costs, and expenses for abating the same when the nuisance has been abated by any office of the city. The costs and expenses may be assessed as a part of any prosecution against the party liable and may be recovered as other costs are recovered after they have been assessed; provided, that in such cases, the city shall have been liable in the first instance to pay all costs of the abatement. In all cases where the chief of police, or other office, abates any nuisance, he shall keep an account of all expenses attending such abatement and, in addition to other powers given in this chapter to collect such other costs and expenses, may forthwith bring suit for recovery of the costs in any court of competent jurisdiction, in the name of the city, against the person maintaining, keeping, creating, or permitting, allowing, or suffering the nuisance abated, and, upon the collection of the costs by such suit, he shall pay the same to the city treasurer. The provisions of this chapter relative to the abatement of nuisances are not exclusive, and all other rights or remedies of the city, or any citizen thereof, relative to abatement of nuisances, are declared to remain in full force and effect. (Ord. 2011 § 2, 1994)
Chapter 10.12
NOISESections:
10.12.090 Declaration of policy.
10.12.100 Definitions.
10.12.200 Emergency exemptions.
10.12.300 Noises prohibited.
10.12.400 Designation of environments.
10.12.500 Environmental noise levels.
10.12.600 Motor vehicle noise levels.
10.12.700 Administration.
10.12.800 Penalty for violations.
10.12.090 Declaration of policy.
It is hereby declared to be the policy of the city of Lynnwood to minimize the exposure of citizens to the harmful physiological and psychological effects of excessive noise. It is the express intent of the city council to control the level of noise in a manner which promotes commerce; the use, value and enjoyment of property; sleep and repose; and the quality of the environment. (Ord. 1290 § 1, 1982)
10.12.100 Definitions.
A. Definitions are as follows:
1. “Ambient sound level” means the background level of all sound in a given EDNA independent of the specific source being measured. The “A”-weighted sound pressure level exceeded 90 percent of the time based on a one-hour period.
2. “dBA” means the sound pressure level in decibels measured using the “A”-weighting network on a sound level meter as specified in the American National Standards Institute Specification (§ 1.4-1971) for sound level meters.
3. “Decibel” means a unit of sound, based on a logarithmic scale, of the ratio of the magnitude of a particular sound pressure to a standard reference pressure of 20 micropascals.
4. “EDNA” means the environmental designation for noise abatement, being an area or zone (environment) within which maximum permissible noise levels are established.
5. “Emergency vehicle” means a motor vehicle used in response to a public calamity or to protect persons or property from an imminent exposure to danger.
6. “Gross vehicle weight rating (GVWR)” means the value specified by the manufacturer as the loaded weight of a single vehicle.
7. “Impulse sound” means either a single pressure peak or a single burst (multiple pressure peaks) for a duration of less than one second as measured on a peak unweighted sound level meter.
8. “Impulsive sound” means sound having the following qualities: the peak of the sound level is less than one second and short compared to the occurrence rate; the onset is abrupt; the decay rapid; and the peak value exceeds ambient level by more than 10 dBA.
9. “In-use motor vehicle” means any motor vehicle which is used on a public highway except farm vehicles as defined under RCW 46.04.181.
10. “Motor vehicle” means any vehicle which is self propelled, used primarily for transporting persons or property upon public highways and required to be licensed under RCW 46.16.010. Airplanes, water craft and vehicles used exclusively on stationary rails or tracks are not motor vehicles as that term is used in this chapter.
11. “Motor vehicle racing event” means any motor vehicle competition conducted under a permit issued by the city of Lynnwood and under the auspices of a recognized sanctioning body.
12. “Motorcycle” means any motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, except farm tractors.
13. “Muffler” means a device consisting of a series of chambers or other mechanical designs for the purpose of receiving exhaust gas from an internal combustion engine and effective in reducing noise resulting therefrom.
14. “Noise” means the intensity, duration and character of sounds, from any and all sources.
15. “Noise disturbance” means any sound which annoys, disturbs, or perturbs reasonable persons with normal sensitivities; or any sound which injures or endangers the comfort, repose, health, hearing, peace, or safety of other persons.
16. “Noise sensitive area” means any area so designated by the city of Lynnwood in which noise sensitive activities are conducted and which require exceptional quiet. Such activities include, but are not limited to, the operation of schools, hospitals, nursing homes, courts and churches.
17. “Off-highway vehicle” means any self-propelled vehicle not used primarily for transporting persons or property upon public highways nor required to be licensed under RCW 46.16.010.
18. “Operator” means any person who is in actual physical or electronic control of a powered watercraft, motor vehicle, aircraft, off-road vehicle, or any other engine-driven vehicle.
19. “Periodic sound” means sound having the following qualities:
a. The sound level varies repetitively with a period of one minute or less and the peak value is more than five dBA above the minimum value.
20. “Person” means any individual, corporation, partnership, association, governmental body, state agency or other entity whatsoever.
21. “Powered model vehicle” means any mechanically propelled vehicle, either airborne, waterborne, or landborne, designed not to carry persons or property such as, but not limited to, model airplanes, boats, cars and rockets.
22. “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 persons, and its vertical extension.
23. “Public space” means an area which is owned or controlled by a public governmental entity and maintained for the use of the general public.
24. “Public highway” means the entire width between the boundary line of every way publicly maintained by the Department of Highways or any county or city when any part thereof is generally open to the use of the public for purposes of vehicular travel as a matter of right.
25. “Receiving property” means real property at the boundaries of which the maximum permissible noise levels specified in this chapter shall not be exceeded from sources outside such property.
26. “Sound level” means a weighted sound pressure level measured by use of a sound level meter using an “A”-weighted network and reported as dBA.
27. “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 publications (§ 1.4-1971).
28. “Watercraft” means any contrivance, excluding aircraft, used or capable of being used as a means of transportation or recreation on water, including model craft, powered by an internal or external combustion engine. (Ord. 1386 § 1, 1983; Ord. 1275 § 1, 1982)
10.12.200 Emergency exemptions.
Noise caused in the performance of emergency work for the immediate safety, health, or welfare of the community or individuals of the community, or to restore property to a safe condition following a public calamity shall not be subject to the provisions of this chapter. Nothing in this section shall be construed to permit law enforcement, ambulance, fire, or other emergency personnel to make excessive noise in the performance of their duties when such noise is clearly unnecessary. (Ord. 1275 § 1, 1982)
10.12.300 Noises prohibited.
A. General Prohibitions. It shall be unlawful for any person to make, continue, or cause to be made or continued any noise disturbance. It shall be unlawful for any person to make, continue, or cause to be made or continued any noise which exceeds the maximum permissible noise levels specified in LMC 10.12.500 and 10.12.600 within the limits of the city of Lynnwood.
B. Specific Prohibitions. The following acts, among others, are declared to be noise disturbance in violation of the ordinance codified in this chapter, but the enumeration shall not be deemed exclusive, namely:
1. The sounding of any horn or signaling device on any automobile, truck, motorcycle, transit vehicle or other vehicle on any public street or public place of the city, except as a necessary warning of danger to person or property, the creation by means of any such signaling device of any unreasonably loud or harsh sound, and the sounding of any such device for an unnecessary and unreasonable period of time;
2. The use of any automobile, truck, motorcycle, transit vehicle, or other vehicle, or engine, either stationary or moving, or any instrument, device or thing so out of repair, so loaded, or in such manner as to create loud and unnecessary grating, squealing, grinding, rattling or other noise;
3. Repairing, rebuilding, modifying, or testing any motor vehicle, motorcycle or off-road vehicle, in or near a residential use district in such a manner as to cause noise disturbance or violate the provisions of LMC 10.12.600;
4. To discharge into the open air the exhaust of any steam engine, stationary internal combustion engine or motor vehicle, except through a muffler or other device which will effectively reduce loud or explosive noises therefrom;
5. No person shall operate or permit the operation of any motor vehicle with a gross vehicle weight rating (GVWR) in excess of 10,000 pounds, or any auxiliary equipment attached to such a vehicle, for a period longer than 10 minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, within 150 feet of a residential zone or designated noise sensitive area, between the hours of 10:00 p.m. and 7:00 a.m. the following day;
6. Creating any unnecessary or unusually loud noise within the vicinity of any school or other institution of learning, hospital, nursing home, court, church or other designated area where exceptional quiet is necessary, while the same are in use, provided conspicuous signs are displayed in adjacent or contiguous streets, indicating that the same is a noise sensitive area;
7. Yelling, shouting, hooting, whistling or singing, particularly between the hours of 10:00 p.m. and 7:00 a.m. or at any time and place so as to disturb the quiet, comfort and repose of any person in any hospital, rest home, sanitarium, dwelling, hotel, motel or other type of residence;
8. Owning, keeping, possessing, or harboring any animal which by frequent or habitual howling, barking, or other noisemaking, causes noise disturbance. The provisions of this section shall also apply to all private or public facilities, including any animal pounds, which hold or treat animals;
9. The use, operation, or permitting to be used, played or operated any radio receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to unreasonably disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section;
10. Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, or fan or blower, or similar device used outdoors in residential areas between the hours of 10:00 p.m. and 7:00 a.m. the following day so as to cause a noise disturbance across a residential real property boundary;
11. Operating or permitting the operation of powered model vehicles so as to create a noise disturbance across a residential real property boundary, in a public space or within a noise sensitive area between the hours of 10:00 p.m. and 7:00 a.m. the following day. Maximum sound levels in a public space during the permitted period of operation shall conform to those set forth for residential land use in Table I of LMC 10.12.500 and shall be measured at a distance of 50 feet from any point on the path of the vehicle;
12. The creation of loud and excessive noises in connection with loading or unloading any vehicle, or the opening or destruction of bales, boxes and containers;
13. The erection, including excavation, demolition, alteration or repair of any building, in a residential, apartment, hotel or business district other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in case of urgent necessity in the interest of public safety and convenience, and then only under approval from the office of the mayor. Said weekend work approval to be submitted to the department of public works for processing as required by LMC 2.44.040;
14. The use of hand or power tools, blowers, or machinery or the handling of materials which results in unreasonably loud and disturbing noises. The operation of such machine, device, or tool, or the handling of materials in such a manner as to be plainly audible at a distance of 50 feet from the building, structure, vehicle, or location in which it is located shall be prima facie evidence of a violation of this section.
Provided, that the foregoing enumeration of acts shall not be construed as excluding other acts which offend the public peace in contradiction of subsection (A) of this section.
C. Exceptions. None of the terms or prohibitions contained in subsection (B) of this section shall apply or be enforced against any vehicle of the city of Lynnwood while engaged in necessary public business. These terms or prohibitions shall not apply or be enforced against any excavations or repairs of bridges, utilities, streets or highways performed by or on behalf of the city of Lynnwood, Snohomish County, or state of Washington.
D. Use of Loudspeakers. The reasonable use of loudspeaker or amplifier is permitted; provided, that no loudspeaker or amplifier shall be used in residential-zoned districts; and provided, that no person shall use any loudspeaker, amplifier, or similar device which shall project sound above the ambient level beyond the property lines of the premises upon which it is being used without first obtaining a permit from the office of the mayor to do so. In issuing a permit, the office of the mayor may impose such restrictions on time, area and volume as are necessary to preserve the public peace and safety. (Ord. 2076 § 1, 1996; Ord. 1386 § 2, 1983; Ord. 1275 § 1, 1983)
10.12.400 Designation of environments.
A. Environmental Designations for Noise Abatement. Environmental designations for noise abatement (EDNA) are hereby declared. They are based primarily on the zoning ordinance but also take into consideration the present, future, and historical usage, as well as the usage of adjacent and other lands in the vicinity. Designation of such EDNAs are based on the following typical uses:
1. Class A EDNA – Lands where human beings reside and sleep. Typically Class A EDNA will be the following types of property used for human habitation:
a. Residential;
b. Multiple-family living accommodations;
c. Recreational and entertainment, e.g., camps, parks, camping facilities, and resorts;
d. Community service, e.g., orphanages, homes for the aged, hospitals, health, and correctional facilities.
2. Class B EDNA – Lands involving uses requiring protection against noise interference with speech. Typically, Class B EDNA will be the following types of property:
a. Commercial living accommodations;
b. Commercial dining establishments;
c. Motor vehicle services;
d. Retail services;
e. Banks and office buildings;
f. Miscellaneous commercial services, property not used for human habitation;
g. Recreation and entertainment, property not used for human habitation, e.g., theaters, stadiums, fairgrounds, and amusement parks;
h. Community services, property not used for human habitation, e.g., educational, religious, governmental, cultural and recreational facilities.
3. Class C EDNA – Lands involving economic activities of such a nature that higher noise levels than experienced in other areas is normally to be anticipated. Typically, Class C EDNA will be the following types of property:
a. Storage, warehouse, and distribution facilities;
b. Industrial property used for the production and fabrication of durable and nondurable manmade goods;
c. Agricultural and silvicultural property used for the production of crops, plant products or livestock.
B. Zoning for Noise Abatement. The following land use zoning classifications as described in LMC Title 21 are hereby assigned the EDNA classifications below:
ZONE
EDNA
Suburban Residential (RS-12)
Class A
Single-Family Residential (RS-9)
Single-Family Residential (RS-8)
Single-Family Residential (RS-7)
Public and Semi-Public Use (P-1)
Low Density Multiple-Family (RML)
Medium Density Multiple-Family (RMM)
High Density Multiple-Family (RMH)
High Rise Multiple-Family (RMHR)
Restricted Business (B-4)
Class B
Limited Business (B-2)
Highway Services (C-2)
Neighborhood Business (BN)
Planned Commercial Development (PCD)
Community Business (BC)
Metropolitan Commercial (MC)
General Commercial (CG)
Planned Regional Shopping Center (PRC)
Business and Technical Park, Transitional (BTP-Trans.)
Light Industrial, Transitional (LI-Trans.)
Business and Technical Park, General
(BTP-Gen.)Class C
< Light Industrial, General (LI-Gen.)