Title 9
PUBLIC PEACE, MORALS AND WELFARE

Chapters:

9.08 Marihuana

9.12 Peddlers and Solicitors

9.16 Litter

9.17 Juvenile Use and Possession of Tobacco

9.22 Repealed

9.28 Liquor Prohibitions for Persons under 21

9.30 Malt Liquor by the Keg

9.32 Weapons on Premises Where Liquor Is Dispensed

9.34 Discharge of Firearms and Use of Other Weapons

Chapter 9.08
MARIHUANA

Sections:

9.08.010 Purpose.

9.08.020 Defined.

9.08.030 Possession – Amount prohibited.

9.08.040 Possession – Allowing in public places prohibited.

9.08.050 Violation – Penalty.

9.08.010 Purpose.

This chapter is deemed an exercise of the police power of the city of Sultan for the protection of the health, welfare, safety and peace of the people of the city, and its provisions shall be liberally construed for accomplishment of that purpose. (Ord. 359 § 1, 1977)

9.08.020 Defined.

A. Marihuana is defined for the purpose of this chapter as: all parts of the plant of the genus Cannabis L., including all subspecies, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin.

B. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake mixture made from the seeds of such plant, or preparation of the mature stalks (except the resin extracted therefrom) fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. (Ord. 359 § 2, 1977)

9.08.030 Possession – Amount prohibited.

It is unlawful for any person to be in possession of 40 grams or less of marihuana unless such possession is authorized by the terms of the Uniform Controlled Substances Act, Chapter 69.50 RCW, and the burden shall be upon the defendant to show that such possession is so authorized. (Ord. 359 § 3, 1977)

9.08.040 Possession – Allowing in public places prohibited.

A. It is unlawful for the owner(s) of any business or the president, chairman or leader of any establishment or organization or the manager, employee or person in charge of any business, establishment or organization to knowingly allow any person to be in possession of marihuana on any premises owned or used for said business, establishment or organization.

B. Knowledge will be imputed to the owner(s) of any business or the president, chairman or leader, of any establishment or organization if any of their managers, employees or persons in charge knowingly allow the possession of marihuana in violation of this chapter. (Ord. 359 § 4, 1977)

9.08.050 Violation – Penalty.

A. A violation of this chapter shall be a misdemeanor and punished by a fine not exceeding $250.00.

B. Nothing in this chapter shall restrict the state of Washington from exercising its police power in the regulation of controlled substances. (Ord. 359 § 5, 1977)

Chapter 9.12
PEDDLERS AND SOLICITORS

Sections:

9.12.010 Uninvited solicitation declared nuisance.

9.12.020 Exceptions.

9.12.030 Violation – Penalty.

9.12.010 Uninvited solicitation declared nuisance.

The practice of going in and upon private residences in the city of Sultan by solicitors, peddlers, hawkers, itinerant merchants or transient vendors of merchandise not having been requested or invited to do so by the owner or owners, occupant or occupants, of said private residences for the sale of goods, wares and merchandise or services or solicitation of orders thereof, and/or disposing of and/or peddling or hawking the same, is declared to be a nuisance and punishable as such nuisance as a misdemeanor. (Ord. 377 § 1, 1979)

9.12.020 Exceptions.

The provisions of SMC 9.12.010 shall not apply to:

A. A farmer or gardener vending his own unprocessed farm products raised or grown exclusively upon lands owned or tenanted by him;

B. Vendors of dairy products and bakery goods;

C. Unpaid solicitors for community service organizations operated not for profit;

D. Vendors of printed materials, the chief aim of which is the dissemination of current news as distinguished from fictional writings. (Ord. 377 § 2, 1979)

9.12.030 Violation – Penalty.

Any person violating the provisions of this chapter shall upon conviction thereof be fined not more than $300.00 or imprisoned not more than 30 days, or both fined and imprisoned. (Ord. 377 § 3, 1979)

Chapter 9.16
LITTER

Sections:

9.16.010 Purpose.

9.16.020 Grammatical interpretation and definitions.

9.16.030 Prohibited acts – Generally – Penalty.

9.16.040 Receptacles – Placement in public places.

9.16.050 Receptacles – Use.

9.16.060 Receptacles – Damaging unlawful.

9.16.070 Responsibility for litter removal.

9.16.080 Mandatory litter bags.

9.16.090 Sweeping into gutters prohibited – Maintenance of abutting sidewalks.

9.16.100 Handbills – Throwing in public places prohibited.

9.16.110 Handbills – Depositing on uninhabited or vacant property prohibited – Mail or newspapers exempt.

9.16.120 Throwing by persons in vehicles prohibited.

9.16.130 Vehicle loading as to prevent leakage – Responsibility for removal of fallen objects.

9.16.140 Enforcement – Officers and procedures.

9.16.150 Provisions of chapter nonexclusive.

9.16.160 Violation – Penalty.

9.16.010 Purpose.

A. The purpose of this chapter is to accomplish litter control in the city of Sultan.

B. 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.

C. 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. 340 § 14, 1975)

9.16.020 Grammatical interpretation and definitions.

As used in this uniform litter control chapter, unless the context clearly indicates otherwise, the following terms have the meanings set forth in this section. All words used in the present tense include the future and past tense; all words used in the plural number include the singular number, and all words in the singular number include the plural number. The word “shall” is mandatory and not merely a word of direction.

A. “Handbill” is any printed or written matter excluding newspapers; which advertises for sale any commodity or thing, or which directs attention to any business or other activity or event of any kind.

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

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

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

E. “Newspaper” is any newspaper of general circulation as defined by law.

F. “Park” is a park, reservation, playground, beach, recreation center or any other area in the city, devoted to active or passive outdoor recreation.

G. “Person” is any individual, industry, public or private corporation, copartnership, association, firm or other entity.

H. “Private property” means any property not publicly owned or held out for use by the public.

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

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

K. “State regulations” means the regulations duly promulgated and adopted by the State Department of Ecology pursuant to Chapter 34.04 RCW and codified or prepared for codification as part of the Washington Administrative Code.

L. “Street” for the purposes of this chapter is synonymous with and includes highway, road and alley.

M. “City” means the city of Sultan, Washington.

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

O. “Watercraft” means any boat, ship, vessel, barge or other floating craft. (Ord. 340 § 1, 1975)

9.16.030 Prohibited acts – Generally – Penalty.

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

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

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

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

B. Any person violating the provisions of this section shall be guilty of a misdemeanor and in addition to or in lieu of any other penalty, such person may in the sound discretion of the court be directed, by the court, to pick up and remove from any public place or any private property, with permission of the owner, or the person in possession of the property, upon which it is established that such person had deposited litter, any and all litter deposited thereon by anyone prior to the date of the execution of the sentence. (Ord. 358 § 1, 1977; Ord. 340 § 2, 1975)

9.16.040 Receptacles – Placement in public places.

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

B. It shall be the responsibility of any person owning or operating any establishment or public place in which litter receptacles are required by this section, to procure and place and maintain such litter receptacles at their own expense on the premises in accord with such state regulations. (Ord. 340 § 3, 1975)

9.16.050 Receptacles – Use.

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. 340 § 4, 1975)

9.16.060 Receptacles – Damaging unlawful.

It is unlawful for any person to willfully damage or deface any litter receptacle. (Ord. 340 § 5, 1975)

9.16.070 Responsibility for litter removal.

It shall be the responsibility of the local city, 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. 340 § 6, 1975)

9.16.080 Mandatory litter bags.

The owner or person in possession of all vehicles or watercraft shall keep a litter bag in said vehicle or watercraft at all times. (Ord. 340 § 7, 1975)

9.16.090 Sweeping into gutters prohibited – Maintenance of abutting sidewalks.

A. 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.

B. Persons owning or occupying property shall keep the sidewalks in front of their premises free of litter. (Ord. 340 § 8, 1975)

9.16.100 Handbills – Throwing in public places prohibited.

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. 340 § 9, 1975)

9.16.110 Handbills – Depositing on uninhabited or vacant property prohibited – Mail or newspapers exempt.

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 (as defined in SMC 9.16.020(E)) 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. 340 § 10, 1975)

9.16.120 Throwing by persons in vehicles prohibited.

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. 340 § 11, 1975)

9.16.130 Vehicle loading as to prevent leakage – Responsibility for removal of fallen objects.

A. No vehicle shall be driven or moved on any public street unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, shifting, leaking or otherwise escaping therefrom, except that sand or gravel may be dropped for the purpose of securing traction, or water or other 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 cost therefor. (Ord. 340 § 12, 1975)

9.16.140 Enforcement – Officers and procedures.

A. This chapter may be enforced by any member of the department of the city marshal.

B. All such members of the department of the city marshal are empowered to issue citations to and/or arrest without warrant, persons violating the provisions of this chapter, when such violation is committed in the presence of the arresting officer.

C. Said enforcement officers may serve and execute all warrants, citations and other process, issued by the courts.

D. 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. 340 § 13, 1975)

9.16.150 Provisions of chapter nonexclusive.

In the event any other city ordinance, whether or not codified, is in conflict with any of the terms of the ordinance codified in this chapter, the more stringent shall be construed as applicable. (Ord. 340 § 16, 1975)

9.16.160 Violation – Penalty.

Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor, and shall be punished by a sentence of not more than 90 days in the county jail or a fine of not more than $250.00 or both. (Ord. 340 § 17, 1975)

Chapter 9.17
JUVENILE USE AND POSSESSION OF TOBACCO

Sections:

9.17.010 Tobacco use by minors.

9.17.020 Parental responsibility.

9.17.030 Violation – Penalty.

9.17.010 Tobacco use by minors.

No person under the age of 18 years shall use or possess tobacco materials. (Ord. 880-05; Ord. 837-04)

9.17.020 Parental responsibility.

It shall be unlawful for the parent, guardian or other adult person having custody or control of a minor under the age of 18 years to permit or by inefficient control to allow a violation of this chapter by a minor in his or her custody or control. (Ord. 880-05; Ord. 837-04)

9.17.030 Violation – Penalty.

A. Any person committing a violation of any provision of this chapter shall be guilty of committing a civil infraction.

B. A person found to have committed a violation shall be assessed a monetary penalty according to the following scale:

1. First offense, $50.00;

2. Second offense in any one year, $150.00;

3. Third and subsequent offenses in any one year, $250.00.

C. In lieu of payment of the monetary penalty relating to the civil infraction citation herein, any person receiving a civil infraction citation may elect to perform community service at a rate of one hour for each $5.00 of assessed penalty. Community service shall consist of those projects implemented and supervised by the director of public works or their designee. In such case, the payment of the penalty shall be deferred pending completion of the community service. (Ord. 880-05; Ord. 837-04)

Chapter 9.22
CURFEW

(Repealed by Ord. 828-03)

Chapter 9.28
LIQUOR PROHIBITIONS FOR
PERSONS UNDER 21

Sections:

9.28.010 Interpretation.

9.28.020 Liquor defined.

9.28.030 Consumption, possession or provision to unlawful.

9.28.040 Violation – Penalty.

9.28.010 Interpretation.

Wherever the singular is used in this chapter it shall be deemed to include the plural, and wherever the masculine is used it shall be deemed to include the feminine. (Ord. 289 § 3, 1967; Ord. 223 § 3, 1954)

9.28.020 Liquor defined.

The terms liquor or intoxicating liquor, as used in this chapter are defined to mean alcohol, spirits, wine and beer, and all fermented, spirituous, vinous or malt liquor or combinations thereof, and mixed liquor, a part of which is fermented, spirituous or malt liquor, or otherwise intoxicating; and every liquid or solid or semisolid or other substance, patented or not, containing alcohol, spirits, wine or beer, and all drinks or drinkable liquids and all preparations or mixtures capable of human consumption, and any liquid, semisolid, solid, or other substance, which contains more than one percent of alcohol by weight shall be conclusively deemed to be intoxicating. (Ord. 289 § 2, 1967; Ord. 223 § 2, 1954)

9.28.030 Consumption, possession or provision to unlawful.

It is unlawful for any person under the age of 21 years to purchase, drink, consume, or possess intoxicating liquor or liquors within the corporate limits of the city of Sultan, Snohomish County, state of Washington; provided further, that is unlawful for any persons over the age of 21 years to give, make available or sell to persons under the age of 21 years intoxicating liquor or liquors, or to join any person under the age of 21 years in the consumption thereof, or to aid, assist, or abet persons under the age of 21 years to consume such intoxicating liquor or liquors, or to put intoxicating liquors in the possession of persons under the age of 21 years, under any conditions whatsoever, within the corporate limits of the city of Sultan. (Ord. 289 § 1, 1967; Ord. 223 § 1, 1954)

9.28.040 Violation – Penalty.

Any person, upon conviction of the violation of this chapter, or any provision or provisions thereof, shall be deemed guilty of a misdemeanor, and shall be punished by a fine or imprisonment, or both, within the statutory limitations of the jurisdiction of the police judge of the city. (Ord. 289 § 4, 1967; Ord. 223 § 4, 1954)

Chapter 9.30
MALT LIQUOR BY THE KEG

Sections:

9.30.010 Seller’s duties.

9.30.020 Purchaser’s duty.

9.30.030 Declaration and receipt.

9.30.040 Penalty.

9.30.060 General duty.

9.30.010 Seller’s duties.

Any person who sells or offers for sale the contents of kegs or other containers containing six gallons or more of malt liquor, or leases kegs or other containers which will hold six gallons of malt liquor, to consumers who are not licensed under Chapter 66.24 RCW shall do the following for any transaction involving said container:

A. Require the purchaser of the malt liquor to sign a declaration and receipt for the keg or other container and/or beverage in substantially the form provided in this chapter;

B. Require the purchaser to provide two pieces of identification, one of which is a motor vehicle operator’s license, Washington State identification card, or military identification card;

C. Require the purchaser to sign a sworn statement, under penalty of perjury, that:

1. The purchaser is of legal age to purchase, possess or use malt liquor,

2. The purchaser will not allow any person under the age of 21 to consume the beverage except as provided by RCW 66.44.270,

3. The purchaser will not remove, obliterate or allow to be removed or obliterated, the identification number affixed to the container;

D. Require the purchaser to state the particular address where the malt liquor will be consumed, or the particular address where the keg or other container will be physically located;

E. Affix to each keg or container a numbered label, hereafter referred to as the identification number;

F. Record the identification number and any other number appearing on the keg or container, on any declaration or receipt of purchase;

G. Retain the original copy of the declaration and receipt for a period of one year for inspection by any law enforcement agency. Such inspection shall be allowed upon request of a law enforcement officer having a reasonable belief that a violation of this chapter or related alcohol enforcement laws has or will occur;

H. Provide a copy of the declaration and receipt to the purchaser;

I. Require the purchaser to maintain a copy of the declaration and receipt next to or adjacent to the keg or other container, in no event a distance greater than five feet, and visible without physical barrier from such keg, during the time that the keg or other container is in the purchaser’s possession and/or control. (Ord. 480, 1986)

9.30.020 Purchaser’s duty.

Any person who purchases the contents of kegs or other containers containing six gallons or more of malt liquor, or purchases or leases the container shall:

A. Be of legal age to purchase, possess or use malt liquor;

B. Not allow any person under the age of 21 to consume the beverage except as provided by RCW 66.44.270;

C. Not remove, obliterate or allow to be removed or obliterated, the numbered label affixed to the container;

D. Not move, keep or store the keg or its contents, except for transporting to and from distributor, at any place other than that particular address declared on the receipt and declaration;

E. Maintain a copy of the declaration and receipt next to or adjacent to the keg or other container, in no event a distance greater than five feet, and visible without physical barrier from such keg, during the time that the keg or other container is in the purchaser’s possession and/or control. (Ord. 480, 1986)

9.30.030 Declaration and receipt.

The form of the declaration and receipt required herein shall be substantially in the following form and shall require the information contained in the following form:

RECEIPT FOR SALE OF MALT LIQUOR IN KEGS
OR CONTAINERS
TO UNLICENSED PERSONS

Date of Sale _____________________________ Invoice No. _________________________________
Keg Identification Number(s) _________________________________________________________
Brand ___________________________________ Keg Capacity ____________________________
No. of Kegs ______________________________ Total Gallons ____________________________
Name of Purchaser __________________________________________________________________
Address __________________________________________________________________________
Address or location where keg will be located ____________________________________________
Motor Vehicle Operator's License Number ______________________________________________
Washington State Identification Card ___________________________________________________
Other Identification _________________________________________________________________

I declare under penalty of perjury the information provided in this receipt is true and correct and that I am over the legal age to purchase, possess or use malt liquor, that I will not allow the malt liquor purchased and identified by this receipt to be consumed by any person who is under the age of 21 except as provided by RCW 66.44.270, and that I will not remove or obliterate the numbered identification label affixed to the container.

Signature of Purchaser ______________________________
Identity of Seller ___________________________________________________________________
Address of Licensed Premises

NOTICE

It is unlawful for any person under the age of 21 years to acquire in any manner, consume or have in his or her possession, any intoxicating liquor; provided, that the foregoing shall not apply in the case of liquor given or permitted to be given to such person under the age of 21 years by his parent or guardian for beverage or medicinal purposes in the home or administered to him by his physician or dentist for medicinal purposes. A person who signs this receipt with knowledge that any information in the receipt is false commits perjury. Violations of any of the provisions of the City of Sultan Ordinance which requires this statement and these terms is a misdemeanor punishable by a fine of not more than $1,000.00, or by imprisonment not to exceed 90 days, or by both such fine and imprisonment.

(Ord. 480, 1986)

9.30.040 Penalty.

The violation of any provisions of this chapter shall be a misdemeanor. (Ord. 480, 1986)

9.30.060 General duty.

Nothing in this chapter is intended to create a cause of action or claim against the city or its officials or employees running to specific individuals. Any duty created in this chapter is intended to be a general duty running in favor of the public citizenry. (Ord. 480, 1986)

Chapter 9.32
WEAPONS ON PREMISES WHERE LIQUOR IS DISPENSED

Sections:

9.32.010 Restricted.

9.32.020 Deadly weapon defined.

9.32.030 Exemptions.

9.32.040 Violation a misdemeanor.

9.32.010 Restricted.

It shall upon complaint of the owners or proprietor of the premises or his or her employee or agents, be unlawful for any person to carry a deadly weapon into or upon any premises within the city limits of the city of Sultan licensed by the Washington State Liquor Control Board to dispense liquor for consumption on the premises; it shall be immaterial whether said person has upon his person a license to carry a concealed weapon. (Ord. 422 § 1, 1981)

9.32.020 Deadly weapon defined.

A deadly weapon shall be defined as follows: To include but not be limited to any instrument known as a blackjack, slingshot, billy, sand club, sand bag, metal knuckles, any dirk, dagger, pistol, revolver, or any other firearms loaded or unloaded, any knife having a blade longer than the length of four or more inches, any razor with an unguarded blade, and any metal pipe or bar used or intended to be used as a club, and any explosive, which under the circumstances in which it is used, attempted to be used, or threatened to be used, is capable of causing serious injury. (Ord. 422 § 2, 1981)

9.32.030 Exemptions.

This chapter shall not apply to or affect the following persons:

A. The proprietor of the premises, or his or her employee while on duty;

B. Any peace officer with jurisdiction within the incorporated area of the city of Sultan while carrying out his duties;

C. Any person making or assisting in making a lawful arrest for the commission of a felony at the time of carrying said deadly weapon;

D. Any person within the restaurant area of a licensed premises where the consumption of liquor is incidental to the consumption of complete meals by the public;

E. Any person within the lobby, recreational or residence areas of hotels and motels. (Ord. 422 § 3, 1981)

9.32.040 Violation a misdemeanor.

Any person violating any provision of this chapter shall be guilty of a misdemeanor. (Ord. 422 § 4, 1981)

Chapter 9.34
DISCHARGE OF FIREARMS AND USE OF OTHER WEAPONS

Sections:

9.34.010 Discharge of firearms prohibited.

9.34.020 Unlawful use of air gun, bow and arrow and cross bow.

9.34.030 Violation – Penalty.

9.34.010 Discharge of firearms prohibited.

It is unlawful for any person to aim or discharge any firearm, whether loaded or not at any person or property of another in the city of Sultan; provided, that this prohibition does not apply to the discharge of firearms by law enforcement officers engaged in the performance of their official powers or duties.

A firearm shall include a gun, pistol, revolver or other firearm. This section shall not abridge the right of the individual guaranteed by Article I, section 24 of the State Constitution to bear arms in defense of self or others or the rights guaranteed under RCW. (Ord. 588 § 1, 1993)

9.34.020 Unlawful use of air gun, bow and arrow and cross bow.

A. It is unlawful for any person to point or shoot an air gun, bow and arrow, cross bow or slingshot at any person or at the property of another, or to aim or discharge such weapon in the direction of the person or property of another.

B. As used in this section, the words “air gun” mean and include the following: air gun, air pistol, air rifle, BB gun and toy or other guns of any kind or nature when designed, contrived, modified or used to propel, by compressed air or spring-loaded plunger, any pellet, dart, dart-tipped arrow, bean, pea, BB, rock or other hard substance. (Ord. 588 § 1, 1993)

9.34.030 Violation – Penalty.

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and the weapon used in the violation may be confiscated and shall only be returned by order of the court of jurisdiction.

Any person convicted for violating any provisions of this chapter shall be punished by a fine of $500.00 for the first offense; $1,000 for the second offense; and $2,000 for each offense thereafter. (Ord. 588 § 1, 1993)