Title 8
HEALTH AND SAFETY

Chapters:

8.08 Barns and Stables

8.12 Garbage Disposal

8.14 Solid Waste Management

8.16 Nuisances

8.20 Repealed

8.24 Weeds and Grass

8.28 Litter

8.30 Fireworks

8.40 Tobacco – Access to Minors

Chapter 8.08
BARNS AND STABLES

Sections:

8.08.010 Location.

8.08.020 Maintenance.

8.08.010 Location.

No building within the corporate limits of the city, any part of which is within 120 feet of the property of any adjoining owner shall be erected or converted to use as a stable or barn unless such use is authorized by the city council after public hearing is had. Such hearing shall be held only after a petition has been filed with the city clerk, who shall post a notice of a hearing of the petition by the city council in some public place in the city for at least 10 days prior to the date for a hearing named in the notice. The marshal is empowered to order all work on barns or stables being so constructed stopped until a permit is regularly granted by the city council. (Ord. 104 § 1, 1907).

8.08.020 Maintenance.

Any person owning, leasing or occupying any stable or barn where animals are kept shall keep the stable in a clean and sanitary condition and so that the same shall not be a nuisance to the public or to any adjoining property owner. If any stable is not so kept, the city marshal shall give the owner, lessee, or occupant thereof, notice to clean the stable and place the same in a sanitary condition. If such owner, lessee, or occupant fails to do so within five days, the city marshal is empowered to have the stable cleaned and charge the expense thereof to the property owner, or he may order the stable closed and prevent the use thereof until cleaned and placed in a proper sanitary condition. (Ord. 104 § 2, 1907).

Chapter 8.12
GARBAGE DISPOSAL

Sections:

8.12.010 Definitions.

8.12.020 Sanitary service department – Sanitation inspector.

8.12.030 Sanitary service fund.

8.12.040 Cans – Specifications.

8.12.050 Disposal by individuals – Burning – Compost piles.

8.12.060 Collection – Frequency.

8.12.070 Separation of kinds of waste – Method of disposal.

8.12.080 Collection contract – Procedure.

8.12.090 Collection contract – Conditions.

8.12.100 Charges – Use of funds – Delinquency.

8.12.110 Adherence to chapter provisions required.

8.12.120 Authority to regulate granted city.

8.12.130 Collection – Compulsory.

8.12.140 Cans – Location for collection.

8.12.160 Enforcement authority.

8.12.170 Violation – Penalty.

8.12.010 Definitions.

As used in this chapter, the following words shall have the meanings ascribed to them in this section:

A. “Ashes” includes the solid waste products of coal, wood and other fuels used for heating and cooking, from all public and private establishments and from all residences.

B. “Collector of refuse” means the person entering into contract with the city for removal of refuse as provided by this chapter.

C. “Garbage” includes all putrescible wastes, except sewage and body wastes, including vegetable wastes, animal offal, and carcasses of dead animals but not including recognized industrial by-products, and includes all such substances from all public and private establishments and residences.

D. “Health officer” means the county health officer, as defined in Sections 6091 and 6092 of Remington’s Revised Statutes of Washington, or his authorized representatives.

E. “Person” means every person, firm, partnership, association, institution, and corporation. The term also means the occupant and/or the owner of the premises for which services mentioned in this chapter are rendered.

F. “Refuse” includes garbage, rubbish, ashes, and all other putrescible and nonputrescible wastes except sewage, from all public and private establishments and residences.

G. “Rubbish” includes all nonputrescible wastes, except ashes, from all public and private establishments and residences. (Ord. 283 § 1, 1954).

8.12.020 Sanitary service department – Sanitation inspector.

For the purpose of carrying into effect the provisions and aims of this chapter, there is created and established a department to be known as the city sanitary service department.

The mayor is empowered and authorized to appoint a suitable and qualified person subject to approval by majority of the city council as sanitation inspector, and this person shall have full charge and control of all work provided for and contemplated under this chapter and as may be provided for by rules and regulations subsequently adopted. He shall also have charge of all collections, and the enforcement of all charges for services rendered. (Ord. 283 § 2, 1954).

8.12.030 Sanitary service fund.

There is created and established a special fund to be known and designated as the city sanitary service fund into which all sums collected under this chapter shall be deposited and kept by the city clerk and from which all expenses of the administration and operation of this chapter shall be paid. (Ord. 283 § 3, 1954).

8.12.040 Cans – Specifications.

A. It shall be the duty of every person in possession, charge or in control of any dwelling, flat, roominghouse, apartment house, or eating place, or in possession, charge or control of any shop, place of business, or manufacturing establishment where refuse is created or accumulated, at all times to keep or cause to be kept portable cans of approved size, type, and construction, and to deposit or cause to be deposited, the refuse therein.

B. Cans shall be strong, watertight, not easily corrodible, rodent-proof, insect-proof, of not more than 30 gallons capacity, nor weighing more than 100 pounds gross, and shall have two handles at the sides and tight-fitting lids. When refuse is placed in or taken from the cans, the lids shall be promptly replaced. No sod, grass, or rocks are to be deposited in the cans. Each can shall be kept clean inside and out, so that no odor nuisance shall exist. Cans shall be kept at all times in a place accessible to the collector of refuse.

C. Large, suitable, and sufficient numbers of containers for both collection of garbage and refuse may, with the approval of the sanitation inspector, be used in the business districts. (Ord. 283 § 4, 1954).

8.12.050 Disposal by individuals – Burning – Compost piles.

A. It is unlawful for any person to burn, dump, collect, remove, or in any other manner dispose of garbage upon any streets, alley, public place or private property within the city otherwise than as provided in this chapter.

B. Wastepaper, boxes, rubbish, and debris, brush, leaves, grass, weeds, and cuttings from trees, lawns, shrubs, and gardens, (except paper, cardboard or wood containers in commercial quantities which may be burned in incinerators approved by the sanitation inspector) may be burned on private property in furnaces, or, upon special permit from the fire chief, they may be burned in outside fireplaces, private incinerators or in open fires.

C. It is unlawful for any person to bury, burn or dump wastepaper, boxes, rubbish, and debris, grass, leaves, weeds and cuttings from trees, lawns, shrubs, and gardens, upon any street, alley or public place, or collect or remove the same over any public right-of-way in the city.

D. No compost pile shall be kept or maintained unless sufficient appropriate material or substance, approved by the sanitation inspector, is used to prevent the presence of flies, insects, bugs, rodents or other pests or menace to public health and welfare. (Ord. 283 § 5, 1954).

8.12.060 Collection – Frequency.

The collector of refuse shall collect, remove and dispose of all garbage and refuse in the city at least once each week. (Ord. 283 § 6, 1954).

8.12.070 Separation of kinds of waste – Method of disposal.

The city reserves the right to and may have the option to require the separation of paper or other component parts of refuse, and may require the deposit thereof in separate cans or receptacles and may prescribe the method of disposal thereof. (Ord. 283 § 7, 1954).

8.12.080 Collection contract – Procedure.

A. Specifications for a contract covering the exclusive right to collect, remove and dispose of all refuse shall be prepared and approved by the city council. The city, with approval of the city council, shall thereafter negotiate and let a contract to such person who is best qualified and best equipped to perform and contract for rendering of such services in the most efficient and economical manner.

B. Such contract shall be let for such term as deemed advisable by the city council, but not more than five years.

C. The successful contractor shall furnish a corporate surety bond to the city in the sum of $1,000. Such bond shall be conditioned upon the faithful performance of the contract and compliance with all ordinances of the city. (Ord. 465 § 1, 1978; Ord. 283 § 8, 1954).

8.12.090 Collection contract – Conditions.

Every contract entered into by virtue of this chapter shall contain a prohibition against assignment thereof or transferring of any interest therein without consent of the city. It shall contain a suitable provision permitting the forfeiture of the agreement for nonperformance of the terms and conditions of the contract and this chapter. (Ord. 283 § 9, 1954).

8.12.100 Charges – Use of funds – Delinquency.

A. Immediately upon the award of a contract as stated in SMC 8.12.080, the city council, by resolution, then shall adopt a schedule of charges for the services rendered, using the offer of the contractor as a basis and making the collection charge to every person sufficient to pay the successful bidder or collector and the costs of administering and enforcing this chapter and improving the service thereunder. Such rates shall be sufficient only for such purposes and are never to be diverted to other purpose, except that surpluses accumulating may be used for improvement, care and maintenance of streets and alleys.

B. All charges for the services to be rendered shall be due and payable upon receipt of billing and shall become delinquent at the end of 45 days.

C. Upon failure to pay charges for services prior to delinquency, the amount thereof shall become a lien against the property for which the garbage or recyclable material collection service is rendered, pursuant to RCW 35.21.130. A notice of claim of lien may be filed within 90 days after the date of such delinquency, and shall be foreclosed within eight calendar months of recording in the manner prescribed for liens for labor and materials, as authorized by RCW 35A.21.060. (Ord. 923 § 1, 2003; Ord. 583 § 2, 1986; Ord. 521 § 1, 1983; Ord. 283 § 10, 1954).

8.12.110 Adherence to chapter provisions required.

Every person shall dispose of all garbage promptly according to the terms of this chapter and rules and regulations made pursuant thereto to effectuate its purpose. No person shall perform any of the provisions of the contract referred to in this chapter except the collector of refuse. (Ord. 283 § 11, 1954).

8.12.120 Authority to regulate granted city.

The city shall have the power, from time to time, by resolution or after council consideration by motion duly made and passed, to set forth and determine rules and regulations, duties and responsibilities and necessary salaries, and such other matters as may be necessary in the discretion of its city council for the proper execution of this chapter. Rates shall be established by ordinance, and are as set out in SMC 8.12.150. (Ord. 283 § 12, 1954).

8.12.130 Collection – Compulsory.

There shall be no exemptions from compulsory garbage collection service in the city either for business, commercial, industrial or residential purposes of any kind; provided, the city council may authorize voluntary collection services in addition to compulsory garbage collection service including, but not limited to, voluntary yard waste collection and other voluntary services, which shall not be mandatory. (Ord. 835 § 1, 1999; Ord. 284 § 1, 1954).

8.12.140 Cans – Location for collection.

All property owners and/or business firms or locations shall on the day of pickup have their garbage cans or containers within 35 feet from the property line on street or alley, whichever is used by the garbage pickup truck. (Ord. 284 § 2, 1954).

8.12.160 Enforcement authority.

The city is empowered to carry out all the terms and provisions of this chapter and to collect and dispose of refuse in the manner provided in this chapter. (Ord. 283 § 13, 1954).

8.12.170 Violation – Penalty.

Violation of any of the provisions of SMC 8.12.010 through 8.12.120 shall constitute a civil infraction. Each day such violation continues shall constitute a separate infraction. (Ord. 860 § 3, 2000; Ord. 283 § 15, 1954).

Chapter 8.14
SOLID WASTE MANAGEMENT

Sections:

8.14.010 Adoption of comprehensive solid waste management plan.

8.14.020 County jurisdiction denied.

8.14.010 Adoption of comprehensive solid waste management plan.

The city adopts the Draft King County Comprehensive Solid Waste Management Plan with addenda, as recommended by the Suburban Cities Association Solid Waste Interlocal Forum through Resolution 89005. (Ord. 638 § 1, 1990).

8.14.020 County jurisdiction denied.

Pursuant to RCW 70.95.160, the city determines that King County shall not exercise any powers regarding the levels and types of service for any aspect of solid waste handling in the city. King County regulations and ordinance regarding levels and types of service for any aspect of solid waste handling shall not apply within the corporate limits of the city as they exist or may be determined by the city at or after the effective data of the ordinance codified in this chapter. (Ord. 638 § 2, 1990).

Chapter 8.16
NUISANCES

Sections:

8.16.010 Purpose.

8.16.020 Public nuisance defined.

8.16.030 Definitions.

8.16.040 Certain code violations declared public nuisances.

8.16.050 Other public nuisances declared.

8.16.060 Other public nuisances as determined by the enforcement officer.

8.16.070 Notice to abate public nuisance.

8.16.080 Summary abatement of immediate danger.

8.16.090 Appeal.

8.16.100 Abatement by the city – Lien authorized.

8.16.110 Superior court action for abatement.

8.16.120 Maintenance of public nuisance after notice to abate a misdemeanor.

8.16.130 Remedies not exclusive.

8.16.010 Purpose.

It is the purpose of this chapter to declare what shall constitute a public nuisance within the city and to provide for the abatement of such nuisances in order to protect the public health, safety and welfare; to prohibit those conditions that create fire or other safety or health hazards; to prohibit those conditions which interfere with the enjoyment of public or private property; to prevent those conditions that contribute to the degradation of the character of neighborhoods and the depreciation of property values; and to prohibit conditions which degrade the city’s scenic attractiveness, livability and economic welfare. (Ord. 670 § 2, 1991).

8.16.020 Public nuisance defined.

As used in this chapter, the term “public nuisance” means doing an unlawful act, omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either:

A. Annoys, injures or endangers the comfort, repose, health or safety of others; or

B. Offends decency; or

C. Is offensive to the senses; or

D. Interferes with, obstructs or tends to obstruct or renders dangerous for passage any public highway, street, stream, park or trail in the city;

E. Renders other persons insecure in life or the use of their property; or

F. Obstructs the free use of property so as to essentially interfere with the comfortable enjoyment of life or property. (Ord. 670 § 2, 1991).

8.16.030 Definitions.

As used in this chapter, the following words have the following meanings:

A. “Abate” means to repair, replace, remove, destroy or otherwise remedy the condition in question and in such a manner and to such an extent as the enforcement officer, in his judgment, determines is necessary in the interest of the general health, safety and welfare of the community.

B. “Enforcement officer” means the director of community development or any city official or employee designated by him.

C. “Junk” means and includes old appliances or equipment of any nature or parts thereof, old iron or other scrap metal, inoperable vehicles of any nature or parts thereof, including tires, vehicle hulks, cardboard, used building materials, old furniture, salvaged material of any nature, or any other items of personal property of any nature whatsoever, not being used for their intended purpose.

D. “Premises” means any building, lot, parcel, real estate, land or portion thereof, whether improved or unimproved, including adjacent sidewalks and parking strips.

E. “Responsible person” means any agent, lessee, owner or other person occupying or having charge or control of any premises. (Ord. 670 § 2, 1991).

8.16.040 Certain code violations declared public nuisances.

Without limitation of the generality of the definition of public nuisance set forth in this chapter, and supplementary to the provisions of any other provision of this code, the following violations of other provisions of this code are declared to be and constitute public nuisances, subject to abatement as provided in this chapter:

A. The creation or maintenance, or permitting the creation or maintenance, of any encroachment upon the floodplain of the Snoqualmie River, including the placement of fill or the construction, reconstruction, repair or improvement of any building, structure or improvement of any nature, in any manner contrary to the provisions of Chapter 15.12 SMC, as the same exist or may be amended at or after the effective date of the ordinance codified in this chapter;

B. The creation or maintenance, or permitting the creation or maintenance, of any substantial improvement within the shorelines of the city, in any manner contrary to the provisions of Chapter 19.08 SMC, as the same exist or may be amended at or after the effective date of the ordinance codified in this chapter;

C. Authorizing, directing, permitting or engaging in any construction activity, including the construction, reconstruction, repair, improvement, use or occupancy of any building, structure or other improvement of any nature, in any manner contrary to the provisions of SMC Title 15, including all codes incorporated therein by reference, as the same exist or may be amended at or after the effective date of the ordinance codified in this chapter;

D. Creating or maintaining any use of land, buildings or structures, contrary to the provisions of SMC Title 17, as the same exist or may be amended at or after the effective date of the ordinance codified in this chapter. (Ord. 670 § 2, 1991).

8.16.050 Other public nuisances declared.

Without limitation of the generality of the definition of public nuisance set forth in this chapter, the following acts, omissions, conditions and things are declared to be and constitute public nuisances, subject to abatement as provided in this chapter:

A. Storing or accumulating, or permitting the storage or accumulation, of junk on any premises where the junk is exposed to view from any public place;

B. The accumulation, or permitting the accumulation of, tin cans, bottles, trash, litter, waste or refuse of any nature on any premises, except in garbage cans or containers maintained for regular collection;

C. Permitting the existence of any dilapidated, abandoned or partially destroyed building or structure; any unused building or structure which is not properly secured from entry; or any building or structure commenced and left unfinished;

D. Storing, or permitting to be stored, any toxic, radioactive, caustic, flammable, explosive or other dangerous or hazardous substances, except when stored in compliance with the requirements of all regulatory agencies having jurisdiction;

E. Permitting the existence of any putrid, unsound or unwholesome bones, meat, hides or skins, or the whole or any part of any dead animal, fish or fowl,

F. Privies, vaults, cesspools, sumps, pits, excavations or like places which are not securely protected, or which are foul or malodorous;

G. Any refrigerator, freezer or other insulated container within which a child could suffocate;

H. Creating, or permitting to be created, any noise in excess of that allowable under King County Code Chapter 12.88, Environmental Noise Levels, as it exists or may be amended at or after the effective date of the ordinance codified in this chapter, which is incorporated in this chapter by this reference;

I. The accumulation, or permitting the accumulation, of materials or objects of any nature where the same endangers property or safety, or constitutes a fire hazard.

J. Permitting the existence of caterpillar, fruit fly, moth, rust or other infestation or disease of trees or shrubs;

K. Any failure to maintain landscaping required for a commercial, industrial or multiple family residential building or structure. (Ord. 670 § 2, 1991).

8.16.060 Other public nuisances as determined by the enforcement officer.

Other acts, omissions, conditions and things, when determined by the enforcement officer to be a public nuisance as defined in SMC 8.16.020, shall be subject to abatement as provided in this chapter. (Ord. 670 § 2, 1991).

8.16.070 Notice to abate public nuisance.

A. Whenever the enforcement officer shall have knowledge of a public nuisance, he shall cause the owner or responsible person to be notified to abate the same.

B. The notice shall contain the following information:

1. A description of the act, omission, condition or thing constituting the public nuisance;

2. A direction that the owner or responsible person shall abate the same within 20 calendar days after service of the notice; and

3. A description of the manner in which the abatement is to be accomplished.

C. The notice may be served upon the owner or responsible person either by personal service or by mailing by both registered mail, return receipt requested, and by ordinary mail. If notice is given by mail, notice shall be deemed given three days after the date of mailing. (Ord. 670 § 2, 1991).

8.16.080 Summary abatement of immediate danger.

A. Whenever any condition or use of property reasonably appears to the enforcement officer to constitute an imminent or immediate danger to the health or safety of the public, the enforcement officer shall have the authority to summarily abate the nuisance, upon such notice as may be practical in the circumstances, or without notice if the circumstances warrant it.

B. The police department on request of the enforcement officer shall stand by to prevent a breach of the peace during summary abatement of a public nuisance pursuant to this section. Any person who shall intentionally hinder, obstruct or delay the enforcement officer in the performance of his duties under this section shall be guilty of a misdemeanor, and punished by a fine of not more than $1,000, by imprisonment not to exceed 90 days, or by both such fine and imprisonment. (Ord. 670 § 2, 1991).

8.16.090 Appeal.

A. Any person notified to abate a public nuisance may appeal the determination of the enforcement officer to the city council. Appeal shall be made by filing a notice of appeal with the city administrator within seven calendar days after the giving of notice to abate, which shall set forth the grounds for the appeal, and shall include the address to which further notices are to be mailed.

B. The city council shall set a hearing on the appeal for a date as soon as may be practical in the circumstances, and notice of the hearing shall be given by mail at least 10 calendar days prior to the date set. Further action on the abatement shall be stayed during the pendency of the appeal before the city council.

C. The city council shall hear and determine the appeal in a public meeting, and shall make its findings, conclusions and order in writing, which shall be final and conclusive unless a petition for review shall be filed in the county superior court within 30 days after the findings, conclusions and order are approved by council. (Ord. 670 § 2, 1991).

8.16.100 Abatement by the city – Lien authorized.

A. Whenever a notice to abate a public nuisance has been given in accordance with the provisions of this chapter, and 20 days have elapsed from the date of the notice or from the date of the order of city council, if appealed, without the owner or responsible person having accomplished the abatement, the city may at its option proceed to abate the public nuisance.

B. In all cases of summary abatement pursuant to SMC 8.16.080 and abatement under subsection A of this section, the city’s costs of abatement, including labor, materials and reasonable value of city equipment employed, shall be a civil debt owing to the city jointly and severally by all owners or responsible persons to whom notice to abate was given, for which the city shall have a lien. In the event sums due the city under this subsection shall not be paid forthwith, or in the event the owner cannot be found, the enforcement officer shall record a notice of claim of lien in the name of the city. The notice of claim of lien shall be in the same form, and recorded with the same filing officer, and be enforced and foreclosed as provided by law for liens for labor and materials as provided in Chapter 60.04 RCW, as the same exists or may be amended at or after the effective date of the ordinance codified in this chapter. (Ord. 670 § 2, 1991).

8.16.110 Superior court action for abatement.

A. As an alternative to abatement by the city, the city may commence an action in superior court for abatement of the public nuisance.

B. In all such actions, the judgment of abatement shall include the city’s reasonable costs and expenses incurred in abating the public nuisance, including the fees of expert witnesses and reasonable attorneys’ fees. (Ord. 670 § 2, 1991).

8.16.120 Maintenance of public nuisance after notice to abate a misdemeanor.

Any person to whom a notice to abate a public nuisance has been given, and who shall have failed to abate the same within 20 days after the giving of notice to abate, or within 20 days after the date of the order of city council, if appealed, shall be guilty of a misdemeanor. Each day that such public nuisance is maintained after the expiration of 20 days from the giving of notice to abate shall constitute a separate offense. (Ord. 860 § 4, 2000; Ord. 670 § 2, 1991).

8.16.130 Remedies not exclusive.

The remedies prescribed in this chapter are in addition to all other remedies provided or authorized by law. (Ord. 670 § 2, 1991).

Chapter 8.20
PRIVY VAULTS, DRY CLOSETS,
OPEN VAULT TOILETS

(Repealed by Ord. 859)

Chapter 8.24
WEEDS AND GRASS

Sections:

8.24.010 Certain weeds and vegetation declared a public nuisance.

8.24.020 Duty of property owner.

8.24.030 Public works director to enforce.

8.24.040 City may abate nuisance and charge property owner.

8.24.050 Lien authorized.

8.24.060 Penalty.

8.24.070 Appeal.

8.24.010 Certain weeds and vegetation declared a public nuisance.

A. Trees, plants, shrubs or vegetation, or parts thereof, which overhang any sidewalk or street, or which are growing thereon in such a manner as to obstruct or impair the free and full use of the sidewalk or street by the public are hereby declared public nuisances, and subject to abatement.

B. Grass, weeds, shrubs, bushes, trees or vegetation growing or which has grown and died and all debris upon any property which constitutes a fire hazard or a danger to public health are hereby declared public nuisances, and subject to abatement. (Ord. 601 § 2, 1988).

8.24.020 Duty of property owner.

It is the duty of the owner of the property wherein or whereon any such public nuisance as declared in this chapter exists to abate the nuisance by destroying, removing or trimming any such growth, or by removing and destroying any such debris. (Ord. 601 § 2, 1988).

8.24.030 Public works director to enforce.

The public works director, or his designee, shall enforce the provisions of this chapter by giving written notice to the property owner to abate the public nuisance within such time period as he shall deem reasonable. (Ord. 601 § 2, 1988).

8.24.040 City may abate nuisance and charge property owner.

A. In the event any property owner fails to comply with the written notice of the public works director or his designee to abate any condition declared to be a public nuisance in this chapter, the city council on receiving a written staff report from the public works director or his designee may by resolution require the owner to abate the public nuisance by removal or destruction within a time fixed in the resolution, at the sole cost and expense of the property owner.

B. The resolution referred to in subsection A of this section shall not be passed until the property owner has been given at least five days notice of pendency of the proposed resolution. The notice shall describe the property involved and the nature of the condition constituting the public nuisance. The notice shall be given by the public works director or his designee by certified mail, return receipt requested, to the address of the owner as shown on the records of the King County treasurer or assessor, and if no owner or address is shown thereof, then the notice shall be published once in the legal newspaper of the city and posted upon the property. Proof of such notice shall be made by affidavit of the public works director or his designee, filed with the city administrator.

C. If the property owner shall fail or refuse to abate the public nuisance within the time fixed by city council, the public works director or his designee may abate the same, and shall render a bill to the property owner for the actual costs incurred by the city, including all labor, materials and the reasonable value of city equipment employed. (Ord. 601 § 2, 1988).

8.24.050 Lien authorized.

The city shall have a lien for the actual costs of abating the public nuisance as provided in the preceding section. In the event the bill for abatement shall not be paid forthwith, or in the event no bill is rendered because the owner cannot be found, the public works director shall record a notice of claim of lien in the name of the city. The notice of claim of lien shall be in the same form, and be recorded with the same filing officer, and be enforced and foreclosed as provided by law for liens for labor and materials as provided in Chapter 60.04 RCW, as the same now exists or may hereafter be amended. (Ord. 601 § 2, 1988).

8.24.060 Penalty.

A. Failure or refusal to comply with any of the provisions of this chapter shall constitute a misdemeanor, and be subject to a fine of not less than $100.00 nor more than $500.00.

B. The penalty so provided shall be in addition to the civil liability for the costs of abatement as provided in this chapter. (Ord. 601 § 2, 1988).

8.24.070 Appeal.

Any person aggrieved by the adoption by the city council of a resolution declaring a public nuisance to exist and ordering its abatement may have the action reviewed in the King County Superior Court, provided, any such petition for review shall be filed within 30 days after adoption of such resolution. Such proceedings in the superior court shall be heard de novo. (Ord. 601 § 2, 1988).

Chapter 8.28
LITTER

Sections:

8.28.010 Short title.

8.28.020 Purpose.

8.28.030 Definitions.

8.28.040 Litter in general.

8.28.050 Placement of litter receptacles.

8.28.060 Use of receptacles.

8.28.070 Damaging receptacles.

8.28.080 Removal of litter.

8.28.090 Mandatory litter bags.

8.28.100 Sweeping litter into gutter prohibited.

8.28.110 Throwing or distributing handbills in public places.

8.28.120 Depositing handbills on uninhabited or vacant property – Exemption for mail and newspaper.

8.28.130 Litter thrown by persons in vehicle.

8.28.140 Vehicle loading.

8.28.150 Violation – Penalty.

8.28.160 Enforcement officers and procedures.

8.28.010 Short title.

This chapter shall be known and may be commonly referred to as the Uniform Litter Control Code. (Ord. 535 § 1, 1984).

8.28.020 Purpose.

The purpose of this chapter is to accomplish litter control in the city. This chapter is intended to place upon all persons within the city the duty of contributing to the public cleanliness of the city and appearance in order to promote the public health, safety and welfare and to protect the economic interests of the people of the city against unsanitary and unsightly conditions. It is further the intent of this chapter to protect the people against the health and safety menace and the expense incident to littering. (Ord. 535 § 2, 1984).

8.28.030 Definitions.

Unless the context clearly indicates otherwise, the terms in this code are defined in RCW 70.93.030(4). (Ord. 535 § 3, 1984).

8.28.040 Litter in general.

No person shall throw, drop, deposit, discard or otherwise dispose of litter, as that term is defined in RCW 70.93.030(4), upon any public place in the city or upon any private property not owned by him, or in any waters within the jurisdiction of the city whether from a vehicle or otherwise, including but not limited to any sidewalk, street, alley, highway, or park, except;

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

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

C. When such person is the owner or does have control or custody of the property, or has prior consent of the owner or tenant in lawful possession of such property, or unless the act is done under the personal direction of the owner or tenant and provided the litter will not cause a public nuisance or be in violation of any other state or local laws, rules or regulations. (Ord. 535 § 4, 1984).

8.28.050 Placement of litter receptacles.

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

B. It shall be the responsibility of any person owning or operating any establishment or public place in which litter receptacles are required by this section to procure and place and maintain such litter receptacles at their own expense on the premises in accord with such state regulations. (Ord. 535 § 7, 1984).

8.28.060 Use of receptacles.

Litter receptacles placed on sidewalks and other public places shall be used only for such litter material as persons may have for disposal while passing along the street or other public places and in no event shall be used for the disposal of other solid waste accumulated in residences or places of business. (Ord. 535 § 8, 1984).

8.28.070 Damaging receptacles.

It is unlawful for any person to wilfully damage or deface any litter receptacle. (Ord. 535 § 9, 1984).

8.28.080 Removal of litter.

It shall be the responsibility of the local municipality, other agency or person owning or maintaining the same for the removal of litter from litter receptacles placed in parks, beaches, campgrounds, and other public places. (Ord. 535 § 10, 1984).

8.28.090 Mandatory litter bags.

The owner and person in possession of all vehicles or watercraft shall keep a litter bag in the vehicle or watercraft at all times. (Ord. 535 § 11, 1984).

8.28.100 Sweeping litter into gutter prohibited.

No person shall sweep into or deposit in any gutter, street, alley or other public place the accumulation of litter from any building, lot, or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalks in front of their premises free of litter. (Ord. 535 § 12, 1984).

8.28.110 Throwing or distributing handbills in public places.

No person shall throw or deposit any handbill upon any public place within the city; provided, however, that it shall not be unlawful for any person to hand out, without charge to the receiver thereof, any handbill to any occupant of a vehicle, or to any other person who is willing to accept it. (Ord. 535 § 13, 1984).

8.28.120 Depositing handbills on uninhabited or vacant property – Exemption for mail and newspaper.

A. No person shall throw or deposit any handbill in or upon any uninhabited or vacant private property.

B. The provisions of this section shall not apply to the distribution of mail by the United States nor to newspapers except that newspapers shall be placed on private residences or other private property in such a manner as to prevent their being carried or deposited by the elements upon any public place or upon private property. (Ord. 535 § 14, 1984).

8.28.130 Litter thrown by persons in vehicle.

No person, while a driver or passenger in a vehicle, shall throw or otherwise deposit litter upon any public place or upon any private property. (Ord. 535 § 15, 1984).

8.28.140 Vehicle loading.

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

B. Any person owning or operating a vehicle from which any glass or other objects of its load have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon such public street shall immediately cause such public street to be cleaned of all such glass or other objects and shall pay any costs therefor. (Ord. 535 § 16, 1984).

8.28.150 Violation – Penalty.

A. Civil Infraction. Violation of the provisions of this chapter shall constitute a civil infraction.

B. Misdemeanor. In addition to the penalty imposed in subsection A of this section, any person who violates any provisions of this chapter more than two times within a one-year period shall be guilty of a misdemeanor.

C. In addition thereto, except where infirmity or age or other circumstances would create a hardship, any such person shall be directed by the court in which the penalty or fine is levied to pick up and remove litter from public property, and/or private property, with prior permission of the legal owner, for not less than eight hours nor more than 16 hours for each separate offense. The court shall schedule the time to be spent on such activities in such a manner that it does not interfere with the person’s employment and does not interfere substantially with the person’s family responsibilities. (Ord. 860 § 5, 2000; Ord. 535 § 5, 1984).

8.28.160 Enforcement officers and procedures.

Enforcement of this chapter may be by any police officer. All such enforcement officers are empowered to issue citations to and/or arrest without warrant, persons violating the provisions of this chapter. The enforcement officers may serve and execute all warrants, citations, and other process issued by the courts. In addition, mailing by registered mail of such warrant, citation or other process to the last known place of residence of the offender shall be deemed as personal service upon the person charged. (Ord. 535 § 6, 1984).

Chapter 8.30
FIREWORKS

Sections:

8.30.010 Findings.

8.30.020 Activities requiring permit.

8.30.030 Application for permit.

8.30.040 Permit fee.

8.30.050 Financial responsibility of retailers.

8.30.060 Requirements for retailers.

8.30.065 Stand requirements.

8.30.070 Sale, purchase or possession of certain fireworks prohibited – Penalty.

8.30.080 Fireworks prohibited in public parks – Penalty.

8.30.090 Unlawful discharge of fireworks – Penalty.

8.30.100 Reckless discharge of fireworks – Penalty.

8.30.110 Unlawful possession of fireworks – Penalty.

8.30.120 Seizure of fireworks.

8.30.130 Enforcing officer – Revocation of license.

8.30.140 Purpose and intent – Liability.

8.30.010 Findings.

A. Chapter 70.77 RCW and Chapter 212-17 WAC provide uniform statewide regulations for the licensing of the sellers of fireworks by local jurisdictions and the sale of fireworks to and possession and use of fireworks by consumers.

B. Cognizant of the legitimate interest the state legislature has in making uniform laws in the exercise of its power to regulate commerce, the city finds that the state law does not adequately serve the overriding interests of protecting the personal safety and property of the community and preserving the precious emergency resources of the locality; and that restrictions on the sale and use of fireworks are necessary in the exercise of the city’s constitutional powers to promote the health, safety, and quiet enjoyment of life and general welfare of the citizens of Snoqualmie. (Ord. 978 § 1, 2005; Ord. 694 § 1, 1992).

8.30.020 Activities requiring permit.

A. Within the corporate limits of the city, in addition to a license issued by the Office of the State Fire Marshal, Washington State Patrol, a city permit shall be required to:

1. Manufacture, import, possess (except as provided below) or sell any fireworks at wholesale or retail for any use;

2. Transport fireworks, except as a public carrier delivering to a licensee; or

3. Establish or maintain a place where fireworks are manufactured, constructed, produced, packaged, stored, sold, exchanged, discharged, or used.

B. A permit is not required for the possession or use of common fireworks lawfully purchased at retail.

C. Public display of fireworks shall be limited to city-sponsored events, and shall require a special event permit pursuant to Chapter 12.20 SMC. (Ord. 978 § 2, 2005; Ord. 694 § 1, 1992).

8.30.030 Application for permit.

A. An applicant for any permit required under this chapter shall make written application to the fire chief, at least 30 days prior to commencement of the activity for which the permit is sought. The form of application and the criteria for issuance, denial, or issuance with conditions shall be the same as used by the Office of the State Fire Marshal, Washington State Patrol, in processing applications for the corresponding state license, except in the case of an application for the retail sale of fireworks. It is the intent of this subsection that local permits follow the provisions and procedures for state licenses as closely as practical.

B. An applicant for a permit for the retail sale of fireworks shall submit to the fire chief proof of a current license from the State Fire Marshal. In addition, the applicant is required to show the existence of a comprehensive general liability insurance policy and a bond as specified herein. The applicant is also required to tender the permit fee as specified in SMC 8.30.040.

C. Should the fire chief find an application to be complete and in compliance with all the requirements of state statute and regulations and this chapter, the chief shall file the application with the city council along with a recommendation for its grant or denial. (Ord. 978 § 3, 2005; Ord. 694 § 1, 1992).

8.30.040 Permit fee.

The annual permit fee for the sale of fireworks shall be $25.00 per year, per stand, outlet or public display, payable in advance. A city business license shall be required and applicable business and occupations tax shall be paid. (Ord. 978 § 4, 2005; Ord. 694 § 1, 1992).

8.30.050 Financial responsibility of retailers.

A. Because the sale of common fireworks presents a clear and present danger of personal injury and property damage from many causes, including not only the storage and handling of explosive devices during sale but also the ultimate use by members of the general public, any person seeking a permit for the retail sale of fireworks in the city must have a public liability insurance policy, as to which the city is named insured, providing coverage in the amount of $500,000 or more for injuries to any one person in any one accident or occurrence; $1,000,000 or more for injuries to any two or more persons in any one accident or occurrence; and $500,000 or more for damage to property in any one accident or occurrence, with no deductible, for all claims for loss and damages arising from personal injury and property damage resulting from the sale of fireworks and all incidental activities, including transportation and storage; the policy to be reviewed and approved by the city attorney.

B. An applicant for a permit to sell retail fireworks shall post a bond in the amount of $300.00, in a form satisfactory to the city, to ensure that the retail outlet site is cleared no later than noon on the seventh day of July. (Ord. 978 § 5, 2005; Ord. 694 § 1, 1992).

8.30.060 Requirements for retailers.

A. Notwithstanding RCW 70.77.575 and 70.77.580, every retailer in the city is required to post prominently at each retail outlet a list of the fireworks that may be sold to the public under this chapter. The list is subject to approval by the fire chief.

B. No person may sell fireworks to a person under the age of 16 years.

C. No person may sell fireworks after 10:00 p.m. or before 6:00 a.m. on any day when sales are allowed. No fireworks shall be sold within the city except from 12:00 noon on the twenty-eighth of June to 12:00 noon on the fifth day of July. (Ord. 978 § 6, 2005; Ord. 694 § 1, 1992).

8.30.065 Stand requirements.

In those cases where the sale of fireworks is from a temporary fireworks stand, the stands of all licensees shall conform to the following minimum standards and conditions:

A. Temporary fireworks stands need not comply with the provisions of the building code of the city; provided, however, that all such temporary fireworks stands shall be inspected by the building official before operation may begin. The building official shall require all temporary fireworks stands to be constructed in a safe manner, ensuring the safety of attendants and patrons. In the event any temporary fireworks stand is wired for electricity, then the wiring shall conform to the electrical code of the state. No heating unit or device with a surface temperature capable of igniting fireworks or having an open flame will be allowed within a fireworks stand.

B. No temporary fireworks stand shall be located within 750 feet from any other temporary fireworks stand, or within 50 feet of any building or structure, or within 100 feet of any gasoline-dispensing pump or any tank where flammable liquids or flammable gases are stored.

C. No vehicle parking shall be permitted within 25 feet of a fireworks stand, including curbside parking, and such area shall be roped or barricaded to prevent such parking.

D. No smoking shall be permitted in a temporary fireworks stand or any nearer than 50 feet from the stand. “No Smoking” signs having lettering at least two inches in height shall be posed in a conspicuous location on all four sides of the temporary fireworks stand.

E. No discharge of fireworks shall be permitted within 150 feet of any fireworks stand.

F. The area around such fireworks stands shall be completely free of hazardous accumulations, including dry grass, brush, or debris of any nature, for a distance of not less than 50 feet on all sides.

G. Each temporary fireworks stand must have at least two exits, located remotely from each other, which shall be unobstructed at all times.

H. Each temporary fireworks stand shall have in a readily accessible location not less than two 2A 10B:C rated fire extinguishers provided at each exit. Such extinguishers shall be UL-approved.

I. Each temporary fireworks stand shall be under the direct supervision of a competent adult person, 18 years of age or older. No person under the age of 18 years shall be allowed by the licensee to work in such stand.

J. Fireworks may be left in temporary fireworks stands at night providing the stand is locked and a guard is posted. Such guard shall not stay within the fireworks stand.

K. Fireworks removed from the temporary fireworks stands at night shall be stored in an approved storage location. The storage location shall be approved in advance by the city fire chief or his representative.

L. All unsold stock and accompanying litter shall be removed from the temporary fireworks stand by 5:00 p.m. on the fifth day of July of the permit year.

M. No fireworks stand shall be located on a public right-of-way.

N. All signs relating to temporary fireworks stands shall comply with the city’s sign regulations.

O. The licensee’s location or place of business shall be governed by the zoning ordinance of the city. (Ord. 978 § 7, 2005; Ord. 694 § 1, 1992).

8.30.070 Sale, purchase or possession of certain fireworks prohibited – Penalty.

A. Licensed retailers may sell and the members of the public may purchase common fireworks as authorized by the Office of the State Fire Marshal, Washington State Patrol. The sale, purchase or possession by any retailer or member of the public of any firework not so authorized by the Office of the State Fire Marshal, Washington State Patrol, is prohibited; provided, this section shall not be deemed to apply to authorized persons conducting the public display of fireworks at city-sponsored events for which a special events permit has been issued by city council.

B. A violation of this section is a gross misdemeanor. (Ord. 978 § 8, 2005; Ord. 694 § 1, 1992).

8.30.080 Fireworks prohibited in public parks – Penalty.

A. No person may possess, discharge, or make any other use of any fireworks in any public park, except authorized persons conducting the public display of fireworks at city-sponsored events for which a special events permit has been issued by city council.

B. A violation of this section is a misdemeanor. (Ord. 978 § 9, 2005; Ord. 694 § 1, 1992).

8.30.090 Unlawful discharge of fireworks – Penalty.

A. No common fireworks shall be discharged within the city except from 6:00 p.m. on the fourth day of July to 11:00 p.m. on the fourth day of July of each year, except for the public display of fireworks at city-sponsored events for which a special events permit has been issued by city council.

B. Common fireworks may be used or discharged on December 31st from 10:00 p.m. to January 1st until 12:30 a.m.

C. A violation of this section is a misdemeanor. (Ord. 978 § 10, 2005; Ord. 750 § 1, 1995; Ord. 694 § 1, 1992).

8.30.100 Reckless discharge of fireworks – Penalty.

A. It is unlawful for any person to discharge or use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to property of another.

B. A violation of this section is a gross misdemeanor. (Ord. 694 § 1, 1992).

8.30.110 Unlawful possession of fireworks – Penalty.

It is unlawful to possess those fireworks listed in SMC 8.30.070. A violation of this section is:

A. A misdemeanor if involving less than one pound of fireworks, exclusive of external packaging; or

B. A gross misdemeanor if involving one pound or more of fireworks, exclusive of external packaging. (Ord. 694 § 1, 1992).

8.30.120 Seizure of fireworks.

Any fireworks which are illegally sold, offered for sale, used, discharged, possessed or transported in violation of this chapter shall be subject to seizure by the city’s fire chief or his designee or the chief of police or his designee or the State Fire Marshal. Any fireworks seized may be disposed of by the city’s fire chief or designee or the police chief or designee at any time subsequent to 30 days from such seizure. (Ord. 694 § 1, 1992).

8.30.130 Enforcing officer – Revocation of license.

The city fire chief, or his duly authorized representative, is hereby designated the enforcing officer of this chapter. Any failure or refusal on the part of the licensee to obey any rule, regulation or request relating thereto of the city fire chief or his duly authorized representative concerning the sale or display of fireworks, shall be deemed a violation of this chapter and be grounds for the revocation of the fireworks license. (Ord. 694 § 1, 1992).

8.30.140 Purpose and intent – Liability.

A. It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted by the terms of this chapter.

B. It is the specific intent of this chapter that no provision nor any term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers or employees, for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.

C. Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from the failure of a permittee to comply with the provisions of this chapter, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement pursuant to this chapter, or by reason of any action or inaction on the part of the city related in any manner to the enforcement of this chapter by its officers, employees or agents. (Ord. 694 § 1, 1992).

Chapter 8.40
TOBACCO – ACCESS TO MINORS

Sections:

8.40.010 Findings.

8.40.020 Purchasing, possessing, or obtaining tobacco by persons under the age of 18 – Civil infraction.

8.40.030 Purchasing, possessing, or obtaining tobacco by persons under the age of 18 – Penalty.

8.40.010 Findings.

A. While present state law prohibits the sale and distribution of tobacco to minors, youth obtain tobacco products with ease. Availability and lack of enforcement put tobacco products in the hands of youth.

B. It is imperative to effectively reduce the sale, distribution, and availability of tobacco products to persons under the age of 18. (Ord. 853 § 1, 2000).

8.40.020 Purchasing, possessing, or obtaining tobacco by persons under the age of 18 – Civil infraction.

A person under the age of 18 who purchases or attempts to purchase, possesses, or obtains or attempts to obtain cigarettes or tobacco products commits a civil infraction under chapter. (Ord. 853 § 1, 2000).

8.40.030 Purchasing, possessing, or obtaining tobacco by persons under the age of 18 – Penalty.

A person who is found to have committed a civil infraction under this chapter is subject to a civil penalty of not more than $50.00 or participation in up to four hours of community service, or both. The court may also require participation in a smoking cessation program. This provision does not apply if a person under the age of 18, with parental authorization, is participating in a controlled purchase as part of a Liquor Control Board, law enforcement, or local health department activity. (Ord. 853 § 1, 2000).