Title 8
HEALTH AND SAFETY

Chapters:

8.03 Fireworks

8.05 False Alarms

8.08 Noise Regulation

8.10 Emergency Management

8.12 Special Events

8.14 Motorized Watercraft

Chapter 8.03
FIREWORKS*

Sections:

8.03.010 Definitions.

8.03.020 Sale of fireworks unlawful.

8.03.030 Use and discharge of fireworks unlawful.

8.03.040 Permit required to display fireworks.

8.03.050 Permit fees.

8.03.060 Issuance – Nontransferable – Voiding.

8.03.070 Application for public display permit.

8.03.080 Standards for public fireworks displays.

8.03.090 Special effects for entertainment media.

8.03.100 Nonprohibited acts – Signal purposes – Forest protection.

8.03.110 Ordinance in connection with State law.

8.03.120 Enforcement.

8.03.130 Penalty.

*Code reviser’s note: The effective date of Ord. 235 is June 21, 2000.

8.03.010 Definitions.

RCW 70.77.120 through and including 70.77.230, as now exist or as hereinafter amended, are adopted by this reference and a copy of such shall be kept on file in the office of the City Clerk for public use and inspection. In addition, the following term is defined:

(1) “Dangerous fireworks” means any fireworks not defined as a “common fireworks” under the provisions of RCW 70.77.136. (Ord. 235 § 2, 1999)

8.03.020 Sale of fireworks unlawful.

It is unlawful for any person to sell any fireworks within the City; provided, that this prohibition does not apply to duly authorized public displays. (Ord. 235 § 3, 1999)

8.03.030 Use and discharge of fireworks unlawful.

Except as authorized by State license and City permit granted pursuant to RCW 70.77.260(2) (public display) or 70.77.311(2) (use by group or individual for religious or other specific purpose on approved date and at an approved location), it is unlawful for any person to use, discharge or explode any fireworks of any kind within the City. (Ord. 235 § 4, 1999)

8.03.040 Permit required to display fireworks.

It is unlawful for any person to hold, conduct or engage in a public display of fireworks within the City without first having obtained and being the holder of a valid permit issued pursuant to the provisions of this chapter. (Ord. 235 § 5, 1999)

8.03.050 Permit fees.

The fee for a “public display permit” for the public display of fireworks shall be $100.00, payable in advance. (Ord. 235 § 6, 1999)

8.03.060 Issuance – Nontransferable – Voiding.

Each public display permit issued pursuant to this chapter shall be valid for the specific authorized public display evening only, shall be used only by the designated permittee and shall be nontransferable. Any transfer or unauthorized use of a permit is a violation of this chapter and shall void the permit granted in addition to all other sanctions provided in this chapter. (Ord. 235 § 7, 1999)

8.03.070 Application for public display permit.

Applications for a permit to hold, conduct, or operate a public display of fireworks as defined under Chapter 70.77 RCW shall be made to the Building Official for a permit. Applications shall be made at least 14 days prior to the scheduled event. Applications shall meet all qualifications and requirements of State law regarding public display of fireworks and all fire and safety requirements as set forth in the standards for public display and, in particular, shall hold a pyrotechnic operator license issued by the State of Washington as defined by Chapter 70.77 RCW and Chapter 212-17 WAC. (Ord. 235 § 8, 1999)

8.03.080 Standards for public fireworks displays.

All public fireworks displays shall conform to the following minimum standards and conditions:

(1) All public fireworks displays must be planned, organized, and discharged by a State-licensed pyrotechnician.

(2) The permit shall include the name of the applicant and his address; the name of the pyrotechnician and address; the exact location, date and time of the proposed display; the number, type and class of fireworks to be displayed; the manner in which the fireworks are being stored prior to the public fireworks display.

(3) The applicant for a public display of fireworks permit shall include with the application, evidence of a bond issued by an authorized surety or a certificate of public liability insurance. Such bond or certificate shall conform to the requirements set forth in RCW 70.77.285 and 70.77.355, as now exist or as may hereafter be amended.

(4) A drawing shall be submitted with the application showing a plan view of the fireworks discharge site and the surrounding area within a 500-foot radius. The drawing shall include all structures, fences, barricades, streets, fields, streams, and any other significant factors that may be subjected to ignition or that may inhibit firefighting capabilities.

(5) When, in the discretion of the Building Official, such requirement is necessary to preserve the public health, safety and welfare, the permit may require that specified equipment and personnel shall be on site prior to and after the conclusion of the display. All compensation for personnel and apparatus will be paid by the applicant.

(6) All combustible debris and trash shall be removed by the applicant from the area of discharge for a distance of 300 feet in all directions.

(7) Applicant shall dispose of all unfired or “dud” fireworks in a safe manner.

(8) Applicant shall provide the fireworks discharge site a minimum of two 2A-rated pressurized water fire extinguishers and one fire blanket.

(9) The permit may be immediately revoked at any time deemed necessary by the Building Official or his/her designee due to any noncompliance, weather conditions such as extremely low humidity or wind factor. The display may also be canceled by accidental ignition of combustible or flammable material in the vicinity due to fall debris from display.

(10) Areas of public access shall be determined by the Building Official or his/her designee and maintained by the applicant in an approved manner. (Ord. 235 § 9, 1999)

8.03.090 Special effects for entertainment media.

This chapter does not prohibit the assembling, compounding, use and display of special effects of whatever nature by any person engaged in the production of motion pictures, radio, or television productions, theatricals or operas when such use and display is a necessary part of the production and such person possesses a valid permit issued by the City of Woodinville to purchase, possess, transport or use such fireworks. (Ord. 235 § 10, 1999)

8.03.100 Nonprohibited acts – Signal purposes – Forest protection.

This chapter does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads or other transportation agencies for signal purposes or illumination or for use in forest protection activities. (Ord. 235 § 11, 1999)

8.03.110 Ordinance in connection with State law.

This chapter is intended to implement Chapter 70.77 RCW, and shall be construed in connection with that law and any and all rules or regulations issued pursuant thereto. (Ord. 235 § 12, 1999)

8.03.120 Enforcement.

The Building Official or his/her designee, in coordination with the Fire Chief, is authorized to enforce all provisions of this chapter. The Building Official or his/her designee may revoke any permit issued pursuant to this chapter for failure to comply with any provisions of this chapter, for failure to comply with any of the conditions of the permit, or upon any failure or refusal of the permittee to comply with the orders and directives of the Building Official or his/her designee, and/or to comply with any provisions of this chapter relating to temporary structures. (Ord. 235 § 13, 1999)

8.03.130 Penalty.

Any person violating any provision of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, punished as set forth in Chapter 1.03 WMC. (Ord. 235 § 15, 1999)

Chapter 8.05
FALSE ALARMS

Sections:

8.05.010 Purpose.

8.05.020 Definitions.

8.05.030 Alarm users contact card registration required.

8.05.040 Exceptions.

8.05.050 Service charges for excessive false alarms.

8.05.060 No response to excessive false alarms.

8.05.070 Additional duties of alarm user.

8.05.080 Alarm business duties.

8.05.090 Nonpermitted system and uses.

8.05.100 Special registrations.

8.05.110 Appeals – Administrative hearing.

8.05.120 Repealed.

8.05.130 Severability.

8.05.010 Purpose.

It is the intent of this chapter to reduce the number of false alarms occurring within the City and the resultant waste of City resources by providing for corrective administrative action, including imposition of fees, potential disconnection and/or criminal penalties. (Ord. 220 § 1, 1998)

8.05.020 Definitions.

Unless the context or subject matter otherwise requires, terms defined herein shall have the following meanings when used in this chapter:

“Alarm business” means the business by any individual, partnership, corporation, or other entity of selling, leasing, maintaining, monitoring, servicing, repairing, altering, replacing, moving or installing any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed any alarm system or real property.

“Alarm system” means any system, device or mechanism which, when activated, transmits a telephone message to a private monitoring company or some other number, or emits an audible or visible signal that can be heard or seen by persons outside the protected premises, or transmits a signal beyond the premises in some other fashion, except any system, device or mechanism primarily protecting a motor vehicle, or a medical alarm.

“Alarm user” means the person, firm, partnership, association, corporation, company, or organization of any kind to whom a contact card registration is required under this chapter.

“Automatic dialing device” means a device that is interconnected to a telephone line and is programmed to select a predetermined telephone number and transmit by voice message or code signal an emergency message indicating a need for emergency response.

“Burglary alarm system” means an alarm system designed or used for detection and reporting of an unauthorized entry or attempted unauthorized entry upon real property protected by the system.

“Chief” means the Chief of Police for the City of Woodinville.

“City” means City of Woodinville.

“Contact card registration” means registration of authorized persons designated by the alarm user to respond, access establishment and correct (reset) or shut off alarm.

“Contact card registration year” means July 1st to and including June 30th.

“Department” means the King County Sheriff’s Office.

“False alarm” means the activation of any burglary and/or robbery alarm system when no crime is being committed or attempted on the premises. An alarm shall be presumed to be false if the police officers responding do not locate any evidence of an intrusion or commission of an unlawful act or emergency on the premises which might have caused the alarm to sound, but does not include alarms caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm business operator or alarm user.

“Interconnect” means to connect an alarm system including an automatic dialing device to a telephone line, either directly or through a mechanical device that utilizes a telephone, for the purpose of using the telephone line to transmit a message upon the activation of the alarm system.

“No response” means police officers shall not be dispatched to investigate a report of an alarm signal.

“Panic/trouble alarm” means an alarm system designed or used for alerting police of the need for immediate assistance or aid in order to avoid injury or serious bodily harm.

“Premises” means any area and any portion of any area protected by an alarm system.

“Response” occurs when the Police Department begins to proceed towards the premises as a result of the activation of the alarm system.

“Robbery alarm system” means an alarm system designed or used for alerting others of a robbery or other crime in progress which involves potential serious bodily injury or death.

“Sheriff” means the King County Sheriff or his/her designee.

“Six-month period” means a period of six months beginning in conjunction with the first false alarm in any given month of the year. Commonly known as a rolling six-month period.

“System subscriber” means person, corporation, firm, partnership, association, company, organization or other business entity who purchased or contracted for any alarm system.

“Verification” means an independent method of determining that a signal from an automatic alarm system reflects a need for immediate police assistance or investigation. (Ord. 220 § 1, 1998)

8.05.030 Alarm users contact card registration required.

(1) After June 30, 1999, no person shall operate or use an alarm system on any premises within the City, under that person’s control, without first having obtained from the City Clerk’s office, a separate contact card registration for each premises protected by an alarm system.

(2) The City’s police may not respond to any alarm system for which a contact card has not first been obtained and completed.

(3) For the purposes of this section, a person shall be deemed to be an operator or user of an alarm system if:

(a) The person controls both the alarm system and the premises upon which it is installed;

(b) The person controls the premises and is the subscriber, client or tenant of the system subscriber; or

(c) The person is the system subscriber or alarm user.

(4) Information required to be provided on the contact card registration form includes, but is not limited to:

(a) Subscriber’s and/or alarm user’s name, address and telephone number(s);

(b) Names and telephone numbers of three additional persons who will respond in the event of alarm activation in the absence of the alarm user and said person will provide access to premises and be able to deactivate alarm, or said persons will provide information on who to contact for access;

(c) The electrical inspection permit number;

(d) Name of the alarm business responsible for regular maintenance and that company’s electrical contractor’s license number;

(e) The information required in subsections (4)(c) and (d) of this section shall not apply to alarms which are installed by the homeowner/tenant;

(f) The information required in subsection (4)(c) of this section shall not apply to (i) existing alarms or (ii) alarms which are installed in multiple-tenant buildings.

(5) Failure to complete the required information will result in automatic denial of the contact card registration.

(6) Contact card registrations shall not be transferable.

(7) Completed applications for an alarm user’s contact card registration shall be filed with the City Clerk’s office.

(8) Any person who owns, operates, or possesses any alarm system within the City which does not conform to the requirements of this chapter, shall disconnect that alarm and render it inoperable or alter it in accordance with this chapter no later than July 31, 1999.

(9) Alarm user shall notify the City Clerk’s office within 10 days of any change of information from that contained on the contact card. (Ord. 220 § 1, 1998)

8.05.040 Exceptions.

This chapter shall not be construed to apply to the City, or other persons duly authorized to test or activate an alarm when such may be deemed proper by the Chief. (Ord. 220 § 1, 1998)

8.05.050 Service charges for excessive false alarms.

(1) Service charges will be assessed by the City Clerk’s office for excessive false alarms during the registration year as follows:

For Commercial Alarms,
Third, Fourth and
Fifth False Alarms Fee Set Forth in Fee

      Resolution ($50.00)

For Residential Alarms,

Fourth and Fifth
False Alarms Fee Set Forth in Fee

      Resolution ($50.00)

For Commercial and
Residential Alarms,
Sixth and Additional
False Alarms Fee Set Forth in Fee

      Resolution ($100.00)

(2) The City Clerk’s office shall notify the alarm user and the alarm business by regular mail of the third commercial false alarm or fourth residential false alarm, the service charge due and the consequences of the failure to pay the service charge. The City Clerk’s office shall also inform the alarm user of the right to appeal the validity of the false alarm determination, as provided in WMC 8.05.110. If the service charge has not been received in the City Clerk’s office within 60 days from the day the notice of service charge was mailed by the City Clerk, and there is no appeal pending on the validity of the false alarm, City Clerk shall send the notice of service charges by certified mail. If payment is not received within 10 days of the day of this notice, the City Clerk may initiate the no response process and enforcement of penalties. (Ord. 220 § 1, 1998)

8.05.060 No response to excessive false alarms.

(1) After the sixth false alarm in a six-month period, the Chief or his/her designee shall send a notification to the alarm user by mail, which will contain the following:

(a) That the sixth false alarm has occurred.

(b) That if any additional false alarms occur within the remainder of the rolling six-month period, the police may not respond to any subsequent alarms without the approval of the Chief.

(c) That the approval of the Chief can only be obtained by applying in writing for reinstatement. The Chief or his/her designee may reinstate the alarm user upon a finding that reasonable effort has been made to correct the false alarms which includes consideration of a letter from user’s alarm company, which states the alarm system is operating properly and the alarm user’s agents are properly trained in the alarm system operation. The City shall not be responsible for any costs incurred by the user to qualify for reinstatement.

(d) That reinstated alarm users will be billed for any false alarm responses after reinstatement, and will be subject to further revocation after any more false alarm responses during the rolling six-month period. Alarm users will not be reinstated if there are any outstanding service charges due.

(e) That the alarm user has the right to contest the validity of a false alarm determination through a false alarm validity hearing as set forth in WMC 8.05.110.

(2) After the sixth false alarm within a six-month period, there may be no police response to subsequent alarms without approval of the Chief or his/her designee. If police response is suspended, the Chief or his/her designee shall send a notification of the suspension to:

(a) The communications center;

(b) The department;

(c) The alarm user by certified mail; and

(d) The persons listed on the alarm user’s registration who are to be contacted in case of an emergency, by certified mail.

(3) The suspension of police response to an alarm shall begin 10 days after the date of delivery of the notice of suspension of service to the alarm user unless a written request for a false alarm validity hearing has been made in the required time period as set forth in WMC 8.05.110.

(4) This section shall not apply to single-family residential units or manually activated panic/trouble alarms for alerting police of the need for immediate assistance or aid in order to avoid injury or serious bodily harm. (Ord. 220 § 1, 1998)

8.05.070 Additional duties of alarm user.

(1) The premises shall display a contact card registration decal at or near the main entrance, which shall be clearly visible and readable from the exterior of the premises.

(2) The premises shall display the street address at or near the front of the premises and at other places where access is available, such as from an alley or parking lot. The street address shall be clearly visible and readable from the exterior of the premises.

(3) If requested to do so by the Chief or his/her designee, the alarm user or his or her designee shall respond to a premises following activation of an alarm system for which a contact call has been issued within a reasonable time, and in any event, within one hour after said notification. (Ord. 220 § 1, 1998)

8.05.080 Alarm business duties.

Every alarm system monitoring company engaging in business activities in the City shall:

(1) Submit standard user form instructions to the City Clerk.

(2) Provide the Chief’s office information about the nature of its property alarms, burglary alarms, robbery alarms and panic alarms; its method of monitoring; its program for preventing false alarms, and its method of disconnecting audible alarms.

(3) Furnish the alarm user with instructions that provide information to enable the user to operate the alarm system properly and information on how to obtain service for the alarm system at any time. The alarm business shall also inform each alarm user of the requirements to obtain a contact card and where it can be obtained.

(4) Establish a process for alarm verification. The verification process shall not take more than five minutes, calculated from the time that the alarm signal has been accepted by the alarm business monitoring the system, until a decision is made whether to call for a police dispatch. The means of verification may include one or more of the following:

(a) The establishment of voice communication with an authorized person at or near the premises who may indicate whether or not need for immediate police assistance or investigation exists;

(b) A feature that permits the alarm system user or a person authorized by the user to send a special signal to the alarm system monitoring company that will cancel an alarm immediately after it has been sent and prevent the monitoring company calling for a police dispatch;

(c) The installation of a video system that provides the alarm system monitoring company when the signal is received with the ability to ascertain that activity is occurring which warrants immediate police assistance or investigation;

(d) A confirmation that a signal reflects a need for immediate police assistance or investigation either by the alarm system user, or a person at or near the premises before dispatching police; or

(e) An alternate system that the Chief determines has, or is likely to have, a high degree of reliability.

(5) Coordinate with the Chief’s office or his/her designee to develop a process to cancel an alarm dispatch that is consistent with the communication center’s standard operating procedures.

(6) Provide the Chief’s office or his/her designee when requesting an alarm response with a subscriber’s and/or alarm users name and phone number for that premises, and the police need not respond if the subscriber’s information is not provided. (Ord. 220 § 1, 1998)

8.05.090 Nonpermitted system and uses.

(1) No person shall operate or use an alarm system which emits an audible sound where such emission does not automatically cease within 15 minutes. Nothing in this section shall limit the duration of a fire or other evacuation alarm during a bona fide emergency when the sound may assist in saving life or avoiding injury.

(2) No person shall use an alarm system to protect more than one business and/or private residence without completing a separate contact card registration for each business and/or private residence to be protected.

(3) No person shall operate or use any alarm system for which the contact card registration has been revoked.

(4) No person shall operate or use any alarm system which automatically dials the department or City directly and delivers a prerecorded message. (Ord. 220 § 1, 1998)

8.05.100 Special registrations.

(1) An alarm user required by Federal or State law, regulation, rule or ordinance to install, maintain and operate an alarm system shall be subject to the alarm system regulations of this chapter, provided:

(a) The contact card shall designate the special alarm user’s status.

(b) A special alarm user’s contact card for a system that has false alarms during a rolling six-month period shall not be subject to the no response procedure and shall pay the service charges set forth in WMC 8.05.050.

(2) An alarm user that is a governmental political unit shall be subject to this chapter; but shall not be subject to service charges or the imposition of any no response procedure provided herein. (Ord. 220 § 1, 1998)

8.05.110 Appeals – Administrative hearing.

(1) An alarm user may appeal the validity of a false alarm determination to the City’s Hearing Examiner. The appeal shall be in writing and shall be requested within 10 days of the notice of penalty received from the City Clerk’s office. Failure to contest the false alarm determination in the required time period will result in a conclusive decision that the alarm was false.

(2) If a hearing is timely requested, written notice of the time and place of the hearing shall be mailed to the alarm user by certified mail, or served personally on the alarm user, at least 10 days prior to the date set forth in the hearing; provided, that with respect to business premises, mailing or personal delivery to the manager or chief administrator regularly assigned or employed at the premises at the time of the occurrence of a false alarm shall be deemed to be mailing or personal delivery to the owner. The hearing shall not be more than 21 nor less than 10 days after the filing of the request for hearing.

(3) The alarm user and the Chief or his/her designee shall have the right to present written and oral evidence. The Hearing Examiner shall consider all of the evidence, any record of past false alarms, any corrective action taken and any inspection reports on the cause of the false alarm. If the Hearing Examiner determines that the false alarms alleged have occurred in a six-month period, the Hearing Examiner shall issue written findings pursuant to WMC 2.27.050, waiving, expunging or entering a false alarm designation on the alarm user’s record. If false alarm designations are entered on the alarm user’s record, the City shall pursue the collection of the service fees. If the civil penalty is not found to be proper, then the alarm user shall bear no costs.

(4) If a hearing is canceled more than 10 days after its request, then the amount of the service fees owing must be paid.

(5) A final decision of the Hearing Examiner may be appealed in the manner set forth in WMC 2.27.040. (Ord. 220 § 1, 1998)

8.05.120 Violations – Penalties.

Repealed by Ord. 230. (Ord. 220 § 1, 1998)

8.05.130 Severability.

If any provision of this chapter or its application to any person or circumstances is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected. (Ord. 220 § 1, 1998)

Chapter 8.08
NOISE REGULATION

Sections:

8.08.010 Declaration of policy.

8.08.020 Definitions.

8.08.030 Identification of environments.

8.08.040 Maximum permissible environmental noise levels.

8.08.050 Exemptions.

8.08.060 Public nuisance and disturbance noises.

8.08.070 Citizen complaints.

8.08.080 Motor vehicle noise levels.

8.08.090 Variances.

8.08.100 Repealed.

8.08.010 Declaration of policy.

The City Council finds that inadequately controlled noise adversely affects the health, safety and welfare of the people, the value of property, and the quality of the environment. Therefore, it is hereby declared to be the policy of the City of Woodinville to minimize the exposure of citizens to the harmful, physiological and psychological effects of excessive noise. It is the express intent of the City 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. 219 § 1, 1998)

8.08.020 Definitions.

All technical terminology used in this chapter, not otherwise defined, shall be interpreted in conformance with Chapters 173-60 and 173-62 WAC. The following words and phrases shall have the meanings indicated below:

(1) “dBA” means the sound pressure level in decibels measured using the “A” weighing network on a sound level meter. The sound pressure level, in decibels, of a sound is 20 times the logarithm to the base 10 of the ratio of the pressure of the sound to a reference pressure of 20 micropascals.

(2) “EDNA” means the environmental designation for noise abatement, being an area or zone (environment) within which maximum permissible noise levels are established.

(3) “Noise” means the intensity, duration and character of sounds, from any and all sources.

(4) “Person” means any individual, corporation, partnership, association, governmental body, State agency or other entity whatsoever.

(5) “Property boundary” means the surveyed line at ground surface, which separates the real property owned, rented, or leased by one or more persons, from that owned, rented, or leased by one or more other persons, and its vertical extension.

(6) “Receiving property” means real property within which the maximum permissible noise levels specified herein shall not be exceeded from sources outside such property.

(7) “Sound level meter” means a device which measures sound pressure levels and conforms to Type 1 or Type 2 as specified in the America National Standards Institute Specification S1.4-1971. (Ord. 219 § 1, 1998)

8.08.030 Identification of environments.

(1) Class A EDNA. Lands where human beings reside and sleep, including all properties in the City which are zoned and single-family residential or multiple-family residential classifications.

(2) Class B EDNA. Lands involving uses requiring protection against noise interference with speech, including all properties in the City which are zoned in neighborhood business, community business, general commercial and freeway service classifications.

(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. Persons working in these areas are normally covered by noise control regulations of the Department of Labor and Industries. Such areas shall include all properties in the City which are zoned in light industrial and general industrial classifications. (Ord. 219 § 1, 1998)

8.08.040 Maximum permissible environmental noise levels.

No person shall cause or permit noise to intrude into the property of another person which noise exceeds the maximum permissible noise level set forth in WAC 173-60-040, which section is hereby adopted by reference, with all amendments thereto. (Ord. 219 § 1, 1998)

8.08.050 Exemptions.

The exemptions to the maximum permissible environmental noise levels set forth in WAC 173-60-050 are hereby adopted by reference, with all amendments thereto. (Ord. 219 § 1, 1998)

8.08.060 Public nuisance and disturbance noises.

It is unlawful for any person to cause, or for any person in possession of property to allow to originate from said property, sound that is a public nuisance. The following sources of sound are defined to be public nuisances, except to the extent that they may be specifically exempted by other provisions of this chapter:

(1) Frequent, repetitive or continuous noise made by any animal which unreasonably disturbs or interferes with peace, comfort and repose of property owners or possessors, except that such sounds shall be exempt when originating from lawfully operated animal shelters, kennels, pet shops, and veterinary clinics, during the hours between 6:00 a.m. and 10:00 p.m.;

(2) The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law;

(3) The creation of frequent, repetitive or continuous noise in connection with the starting, operation, repair, rebuilding, or testing of any motor vehicle, motorcycle, off-highway vehicle, or internal combustion engine within Class A EDNA, so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property;

(4) Yelling, shouting, hooting, whistling or singing on or near the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time and place so as to unreasonably disturb or interfere with peace, comfort and repose of owners or possessors of real property;

(5) The use of a sound amplifier or other device capable of producing or reproducing amplified sound on public streets for the purpose of commercial advertising or sales or for attracting the attention of the public to any vehicle, structure or property or the contents therein, except that vendors whose sole method of selling is from a moving vehicle shall be exempt from this subsection;

(6) The making of any loud and raucous noise which unreasonably interferes with the use of any residential property, school, church, hospital, sanitarium, nursing or convalescent facility;

(7) Any sound made by the construction, excavation, repair, demolition, destruction, or alteration of any building or property or upon any building site anytime on Sundays and holidays and outside the hours of 7:00 a.m. through 7:00 p.m., Monday through Friday and 9:00 a.m. through 5:00 p.m. on Saturday, or, from Memorial Day to Labor Day, anytime on Sundays and holidays and outside the hours of 7:00 a.m. through 9:00 p.m., Monday through Friday and 9:00 a.m. through 5:00 p.m. on Saturday, excepting:

(a) Highway construction;

(b) Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds, and appurtenances between 8:00 a.m. and 10:00 p.m. any day of the week;

(c) Nothing herein shall be construed to limit or prohibit different or more restrictive hours for any work authorized under a development permit issued under any chapter of this code as may be specified in any determining or decision issued under this code;

(8) The creation of frequent, repetitive or continuous sounds which emanate from any building, structure, apartment, or condominium which unreasonably interferes with the peace, comfort and repose of owners or possessors of real property;

(9) Sound from motor vehicle audio systems, such as, but not limited to, tape players, radios, and compact disc players, operated at a volume so as to be audible greater than 50 feet from the source;

(10) Sound from audio equipment, such as, but not limited to, tape players, radios and compact disc players, operated at a volume so as to be audible greater than 50 feet from the source; and

(11) The foregoing provisions shall not apply to regularly scheduled events at parks or stadiums, such as public address systems for baseball games or park concerts, or to community festivals or permitted parades. (Ord. 219 § 1, 1998)

8.08.070 Citizen complaints.

Whenever it is stated in writing by two or more persons having separate residences in a neighborhood that any person is violating any of the provisions of WMC 8.08.060, the code enforcement officer shall advise the person originating the noise or owing or in possession of the property from which the noise originates that such noise is a nuisance and must cease. This section shall not be interpreted to require a minimum of two complaints before the City can investigate and enforce violations of this chapter. (Ord. 219 § 1, 1998)

8.08.080 Motor vehicle noise levels.

(1) Noise Standards – Violations. No person shall operate any motor vehicle or any combination of such vehicles upon any public highway in violation of standards specified in WAC 173-62-060(l) through (4), which section is hereby adopted by reference, with all future amendments thereto. For purposes of this chapter, “public highway” means the entire width between the boundary lines of every road, street, alley, lane, boulevard, parking lot, and every way or place in the city, whether publicly or privately maintained, when any part thereof is open at any time to the use of the public for purposes of vehicular traffic.

(2) Exemptions. The exemptions to motor vehicle noise as stated in WAC 173-62-040 are hereby adopted by reference, with all future amendments thereto. (Ord. 219 § 1, 1998)

8.08.090 Variances.

(1) Variances may be granted to any person from any requirement of WMC 8.08.040, if findings are made by the Planning Director or his/her designee that immediate compliance with such requirement cannot be achieved because of special circumstances rendering immediate compliance unreasonable in light of economic or physical factors, encroachment upon an existing noise source, or because of nonavailability of feasible technology or control methods. Variances shall not be granted for any requirement of WMC 8.08.060.

(2) Any such variance, or renewal thereof, shall be granted only for the minimum time period found to be necessary under the facts and circumstances.

(3) Variances shall be heard and decided in the manner set forth in Chapter 21.42 WMC and the decision of the Director shall be governed by the criteria set forth in said chapter for purposes of decision making, notice and appeal procedures. (Ord. 219 § 1, 1998)

8.08.100 Penalty for violation.

Repealed by Ord. 230. (Ord. 219 § 1, 1998)

Chapter 8.10
EMERGENCY MANAGEMENT

Sections:

8.10.010 Purpose.

8.10.020 Emergency management policy.

8.10.030 Definitions.

8.10.040 Basic emergency management plan and emergency management program.

8.10.050 Private liability.

8.10.060 Penalty.

8.10.070 Special relationship clause.

8.10.080 Regional disaster plan adopted.

8.10.010 Purpose.

The declared purposes of this chapter are to provide for the preparation and carrying out of plans, including mock or practice drills, for mitigation, preparedness, response and recovery for persons and property within the City of Woodinville in the event of an emergency or disaster, whether natural or manmade. Further, it is to provide for the coordination of emergency functions and services of the City of Woodinville with all other public agencies and affected private persons, corporations and organizations. Any expenditures made in connection with such emergency management activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the habitants and property of the City of Woodinville. (Ord. 248 § 2, 2000)

8.10.020 Emergency management policy.

It is the policy of the City of Woodinville to make effective preparation and use of personnel, resources, and facilities for dealing with any emergency or disaster that may occur. Disasters and emergencies, by their very nature, may disrupt or destroy existing systems and the capability of the City of Woodinville to respond to protect life, public health and public and private property. Therefore, citizens are advised to be prepared to be on their own for up to 72 hours following a disaster or emergency. (Ord. 248 § 2, 2000)

8.10.030 Definitions.

(1) “Assistant Director of Emergency Management” means the person appointed by the City Manager who will assist the Director in the administration and operation of the emergency management program and plan for the City of Woodinville and who shall act for and exercise the powers and perform the duties of the Director during his/her absence or disability.

(2) “Director of Emergency Management” (“Director”) shall mean the person appointed by the City Manager upon the basis of ability and training to be responsible for the administration and operation of the emergency management program and plan for the City of Woodinville and other duties as assigned by the City Manager.

(3) “Disaster” as used in this chapter shall mean an event or set of circumstances which:

(a) An event expected or unexpected, in which a community’s available resources are expended; or the need for resources exceeds availability.

(b) Demands the immediate action to preserve public health, protect life, protect public and private property, or to provide relief to any area within the City overtaken by such occurrences.

(c) Reaches such a degree as to warrant the Mayor proclaiming the existence of a disaster or emergency or the Governor declaring a state of emergency in accordance with appropriate local and State statutes.

(d) A disaster is a dangerous event that causes significant human and economic loss and demands a crisis response beyond the scope of any single agency or service. Disasters are distinguished from emergencies by the greater level of response required.

(4) “Emergency management” means the preparation for and the carrying out of all emergency functions, other than functions for which the military forces are primarily responsible, to mitigate, prepare for, respond to and recover from emergencies and disasters caused by all disasters or emergencies, whether natural or manmade, and to provide support for search and rescue operations for persons and property in distress.

(5) “Emergency” as used in this chapter shall mean an event or set of circumstances which:

(a) An event, expected or unexpected, involving shortages of time and resources; that places life, property or the environment in danger and that requires response beyond routine incident response resources.

(b) Demands immediate action to preserve public health, protect life, protect public and private property, or to provide relief to any area within the City overtaken by such occurrences.

(c) Reaches such a degree of destructiveness as to warrant the Mayor proclaiming the existence of a disaster or emergency or the Governor declaring a state of emergency in accordance with appropriate local and State statutes.

(d) An emergency is an event that normally can be managed at the local level. (Ord. 248 § 2, 2000)

8.10.040 Basic emergency management plan and emergency management program.

(1) In accordance with Chapter 38.52 RCW as presently constituted or as may be amended, the City Council shall adopt by motion a basic emergency management plan for the City of Woodinville, which shall be submitted to the State Director of Community Development for certification.

(2) The City Manager and Director are authorized to develop and implement a comprehensive emergency management plan (CEMP) for the City of Woodinville.

(3) In accordance with the basic plan of the CEMP, the City Manager shall be the administrative head and have direct responsibility for the organization, administration and operation of the emergency management program for the City of Woodinville and direct responsibility for the emergency operations of City departments.

(4) The Emergency Management Organization for the City of Woodinville shall consist of the City Manager, Director and Assistant Director of Emergency Management, as appointed by the City Manager, compensated City personnel responsible for emergency response, and volunteers.

(5) The basic plan identifies disaster and emergency powers of the City Manager, Director, Mayor and directors of City departments. (Ord. 248 § 2, 2000)

8.10.050 Private liability.

No individual, firm, association, corporation or other party owning, maintaining or controlling any building or premises, who voluntarily and without compensation grants to the City of Woodinville a license or privilege or otherwise permits said City to inspect, designate and use the whole or any part or parts of such building or premises for the purpose of sheltering persons during an actual, impending, mock or practice emergency or disaster, or their successors in interest, or the agents or employees of any them, shall be subject to liability for injuries sustained by any person while in or upon said building or premises as a result of any act or omission in connection with the upkeep or maintenance thereof, except a willful act of misconduct, when such a person has entered or gone into or upon said building or premises for the purpose of seeking refuge therein during an emergency or disaster or any attack by enemies of the United States or during a disaster drill, exercise or test ordered by a lawful authority. (Ord. 248 § 2, 2000)

8.10.060 Penalty.

Any person who shall willfully obstruct, hinder, or delay any member of the Emergency Management Organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter or in the performance of any duty imposed upon such member by virtue of this chapter; or do any act forbidden by any lawful rules or regulations issued pursuant to this chapter if such act is of such a nature as to imperil the lives or property of inhabitants of this City, or to prevent, hinder or delay the defense or protection thereof, or wear, carry or display, without authority, any means of identification specified by the Emergency Management Agency of the State, shall upon conviction, be punished by a fine in an amount not exceeding $1,000 or by imprisonment in jail for a period not exceeding 90 days, or both fine and imprisonment. (Ord. 248 § 2, 2000)

8.10.070 Special relationship clause.

By creating an emergency services organization with a goal of protecting life, health, and property in the event of emergency or disaster situations, the City does not mean to extend any assurances to any particular individual or class of individuals that the City will in fact succeed in its goal. (Ord. 248 § 2, 2000)

8.10.080 Regional disaster plan adopted.

(1) Regional Disaster Plan for Public and Private Organizations in King County Adopted. The Regional Disaster Plan for Public and Private Organizations in King County as contained in Exhibit 1, attached to the ordinance codified in this section, is hereby adopted.

(2) Signatory Documentation Sheet. The City Manager is hereby authorized to execute the signatory documentation sheet contained in Exhibit 2, attached to the ordinance codified in this section, establishing the City of Woodinville as a subscribing member to the Regional Disaster Plan for Public and Private Organizations in King County.

(3) Omnibus Legal and Financial Agreement. The City Manager is hereby authorized to execute the Omnibus Legal and Financial Agreement contained in Exhibit 3, attached to the ordinance codified in this section, between the City of Woodinville and other subscribing members to the Regional Disaster Plan for Public and Private Organizations in King County. (Ord. 317 §§ 1, 2, 3, 2002)

Chapter 8.12
SPECIAL EVENTS

Sections:

Article I. Generally

8.12.020 Definitions.

8.12.030 Special event permit required – Violation.

8.12.040 Exemptions from permit requirements.

8.12.050 Permit application.

8.12.060 Permit issuance.

Article II. Special Commercial Event Regulations

8.12.070 Action on permit application for special commercial event.

8.12.080 Grounds for denial and/or revocation of permit for special commercial event.

8.12.090 Permit conditions for special commercial event.

8.12.100 Appeal procedures for special commercial event.

8.12.110 Indemnification agreement for special commercial event.

8.12.120 Insurance requirement for special commercial event.

8.12.130 Fees for city services for special commercial event.

8.12.140 Damage deposit.

8.12.150 Revocation of permits for special commercial events.

Article III. Special Civic Event Regulations

8.12.160 Action on permit application for special civic event.

8.12.170 Responsibility – No duty created.

Article I. Generally

8.12.020 Definitions.

(1) “Special event” means any event meeting all of the following four criteria:

(a) Lasts fewer than 15 days in any calendar year;

(b) Is conducted wholly or partially on a public right-of-way, or involves the installation of tents or other temporary structures requiring inspection or review by the City;

(c) Does not require a temporary use permit pursuant to Chapter 21.32 WMC;

(d) Has a significant impact upon the normal use of the public right-of-way.

Special events may include, but are not limited to, fun runs, races on foot, bicycle, or rollerskates, other athletic events, fundraising events, auctions, bike-a-thons, parades, political demonstrations, carnivals, shows or exhibitions, filmmaking, circuses, block parties and fairs.

(2) “Special commercial event” means a special event that is not a special civic event and is organized primarily for commercial purposes, including but not limited to sales, advertising, fund raising, and marketing. Any special event that is not a special civic event and sells tickets, or charges any fee for admission, entry or participation shall be considered a special commercial event.

(3) “Special civic event” means a special event that is either City-sponsored or City-wide (an event in which the community as a whole is involved in organizing) in nature. A special civic event that is not City-sponsored must be designated as such by the Woodinville City Council before it can be processed according to the special civic event procedures in this chapter. The Council hereby designates “Celebrate Woodinville” as a special civic event.

(4) “Special expressive event” means a special event organized primarily to convey ideas, opinions, or thoughts through words or conduct. Examples of special expressive events include political demonstrations and/or rallies, picketing, and similar types of speech or conduct typically given a higher level of constitutional protection than commercial speech.

(5) “Significant impact” is defined as creating an unusual need for City-provided emergency or protective services such as police, fire or medical aid and/or necessitating special traffic control measures such as barricades, traffic direction by police, or similar measures. (Ord. 310 § 1, 2002)

8.12.030 Special event permit required – Violation.

(1) Any person desiring to conduct or sponsor a special event in the City of Woodinville shall first obtain the appropriate special event permit from the City.

(2) It shall be unlawful for any person to sponsor, conduct, or participate in a special event requiring a special event permit pursuant to this chapter without a valid special event permit.

(3) The special commercial event permit and the special civic event permit authorize the permit holder/sponsor to conduct only such an event as is described in the permit, and to do so in accordance with the terms and conditions of the permit. It is unlawful to violate the terms and conditions of these permits, or to continue with the event after the permit is revoked or expired.

(4) Violations of this chapter shall be enforced pursuant to Chapter 1.06 WMC. (Ord. 310 § 1, 2002)

8.12.040 Exemptions from permit requirements.

A special event permit is not required for events which do not meet the definition of special event. The following is a non-exhaustive list of events and activities that do not constitute special events:

(1) Regularly scheduled school events, such as athletic events, which use existing parking, traffic controls, and public safety support.

(2) Funeral and wedding processions.

(3) Gatherings of 30 or fewer people in a City park.

(4) Temporary sales conducted by businesses on private property, such as holiday sales, grand opening sales, or anniversary sales.

(5) Garage sales and rummage sales conducted on private property. (Ord. 310 § 1, 2002)

8.12.050 Permit application.

(1) The City has established different special event applications for the three different types of special events: special commercial events, special civic events and special expressive events.

(2) Any person desiring to sponsor a special commercial event shall apply for a special event permit by filing a complete application with the City at least 15 business days prior to the date on which the event is to occur. A complete application shall include the name of the sponsor, the date, time, and location of the event, the number of participants and attendees expected at the event, the type of activities expected to occur at the event, a signed indemnification agreement, written proof of insurance, and payment of a nonrefundable processing fee. A meeting with the technical review committee will be scheduled to review and discuss the application upon submittal of a complete application.

(3) Any person desiring to sponsor a special civic event shall apply for a special event permit by filing a complete application with the City at least 60 days prior to the date on which the event is to occur. A complete application shall include the name of the sponsor, the date, time, and location of the event, the number of participants and attendees expected at the event, and the type of activities expected to occur at the event. A meeting with the technical review committee will be scheduled to review and discuss the application upon submittal of a complete application.

(4) Any person desiring to sponsor or organize a special expressive event shall apply for a special event permit by filing a complete application with the City at least 36 hours prior to the time at which the event is to occur. A complete application shall include the date, time, and location of the event, the number of participants and attendees expected at the event, and the type of activities expected to occur at the event. If the City cannot be notified at least 36 hours prior to the event, because of the closure of City Hall or any other reason, the sponsor or organizer shall contact the Woodinville Police Department. The Police Department will provide application materials and contact City staff to convene the Technical Review Committee.

(5) The Technical Review Committee will meet with applicants for special commercial events and special civic events to determine what conditions to place upon the special event permit. Technical review may include, but is not limited to, review of traffic plans and traffic control measures, appropriate levels of police and fire support, conflicts with other events or construction projects, aspects of the event that might compromise public safety, and ways to mitigate impacts upon neighborhoods and businesses. The technical review meeting may also be used to inform the applicant of codes and regulations that would apply to the event.

(6) The use of a float shall require a permit from the fire official and is subject to any conditions set forth in the fire code. (Ord. 310 § 1, 2002)

8.12.060 Permit issuance.

(1) The City shall issue a special expressive event permit promptly upon receiving a timely filed complete application for such an event. No further review shall be necessary since this permit merely serves to notify the City when and where the event is going to occur. The City may not deny a request for a special expressive event permit; provided, that the City may impose such constitutionally permissible time, place and manner restrictions as are necessary to protect the public health, safety and welfare.

(2) The City shall issue its decision regarding a special commercial event permit within 15 days of receiving a complete application.

(3) The City shall issue its decision regarding a special civic event permit within 30 days of receiving a complete application. (Ord. 310 § 1, 2002)

Article II. Special Commercial
Event Regulations

8.12.070 Action on permit application for special commercial event.

The Building Official may approve, conditionally approve, or deny an application for special commercial event permit based on the recommendations of the Technical Review Committee on the grounds specified in WMC 8.12.080 and 8.12.090. If the application is denied or conditionally approved, the Building Official shall inform the applicant of the following in writing, as they apply to the particular situation: grounds for denial, conditions of approval, reason for a change in the date, time, route or location of the event, and the applicant’s right of appeal under WMC 8.12.100. (Ord. 310 § 1, 2002)

8.12.080 Grounds for denial and/or revocation of permit for special commercial event.

A special commercial event permit may be denied and/or the permit may be revoked if the Building Official finds one or more of the following situations to exist:

(1) The event cannot be conditioned to avoid endangering the public health or safety;

(2) Neither the City nor the applicant is able to provide sufficient public safety personnel or other necessary staff to accommodate the event so that it may occur in a safe manner;

(3) The applicant fails to provide a complete application after having been notified of the additional information or documents required;

(4) Information contained in the application, or supplemental information requested from the applicant is found to be materially false;

(5) The applicant refuses or fails to agree or comply with all of the conditions and terms of the permit;

(6) The time and location of the event will substantially interfere with any construction or maintenance work scheduled to take place upon or along public property or right-of-way;

(7) The event shall occur at a time and place where a school is in session at a route or location adjacent to the school or class thereof, and the noise created by the activities of the event would substantially disrupt the educational activities of the school or class;

(8) The time and place of the event would conflict with other previously permitted special events;

(9) The applicant’s insurance has lapsed or is canceled;

(10) The event would create or constitute a public nuisance;

(11) The event would cause significant damage to public property or facilities; or

(12) If the applicant fails to submit a timely application. (Ord. 310 § 1, 2002)

8.12.090 Permit conditions for special commercial event.

The Building Official may condition the issuance of a special commercial event permit by imposing reasonable requirements concerning the time, place and manner of the event, and such requirements as are necessary to protect the safety and rights of persons and property, and the control of traffic. Such conditions may include but are not necessarily limited to:

(1) Alteration of the date, time, route or location of the event proposed on the event application;

(2) Conditions relating to the safety of the event area;

(3) Compliance with City right-of-way permit conditions including the posting of bonds to provide assurances concerning accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of the street or right-of-way, and requirements for the use of traffic cones or barricades;

(4) Requirements for the provision of first aid and/or sanitary facilities;

(5) Requirements for use of event monitors and providing notice of permit conditions to event participants;

(6) Restrictions on the number and type of vehicles, animals or structures at the event, and inspection and approval of floats, structures, and decorated vehicles for safety;

(7) Compliance with animal protection ordinances and laws;

(8) Requirements for use of garbage containers, cleanup, and restoration of City property including litter/damage deposits;

(9) Restrictions on the use of amplified sound and compliance with noise regulations and laws;

(10) Notice to residents and/or businesses regarding any activity which would require a street closure and/or cause other significant impacts;

(11) Restrictions on the sale and/or consumption of alcohol;

(12) Elimination of an activity which cannot be mitigated to ensure public safety, or which would expose the City to undue liability;

(13) Requirements regarding the use of City personnel and equipment; or

(14) Compliance with any other applicable Federal, State or local law or regulation, including but not limited to the City’s admission tax ordinance and sign code regulations. (Ord. 310 § 1, 2002)

8.12.100 Appeal procedures for special commercial event.

The applicant shall have the right to appeal the denial of a special commercial event permit or the imposition of a condition of approving such a permit, including but not limited to, the amount of fees or cleanup deposits imposed pursuant to WMC 8.12.130, or a determination by the Building Official that the applicant’s certificate of insurance does not comply with the requirements specified in WMC 8.12.120. A written notice of appeal shall be filed with the City Clerk and the Permit Center, along with the applicable appeal fee, within three business days of receiving either a notice of denial or a conditional approval. The written notice of appeal shall set forth the specific grounds for the appeal. The appeal shall be scheduled before the Hearing Examiner, whose decision shall be final. (Ord. 310 § 1, 2002)

8.12.110 Indemnification agreement for special commercial event.

Upon application for a special commercial event permit, the permit applicant and authorized officer of the sponsoring organization must agree to reimburse the City for any costs incurred by it in repairing damage to City property and indemnify, defend, and hold harmless the City, its officers, employees, and agents from all causes of action, claims or liabilities occurring in connection with the permitted event, except those which occur due to the City’s sole negligence. (Ord. 310 § 1, 2002)

8.12.120 Insurance requirement for special commercial event.

The following insurance shall be required in connection with the issuance of a special commercial event permit: $1,000,000 commercial general liability insurance per occurrence, and $2,000,000 general aggregate, unless waived by the City Manager or his designee.

The applicant is required to provide written proof of such insurance upon permit application. The insurance policy shall be written on an occurrence basis, shall name the City as an additional insured, shall be written for a period of at least 24 hours prior to the event and extending for a period of at least 24 hours following the completion of the event, and shall contain a provision prohibiting cancellation of the policy or reduction in coverage except upon 30 days written notice to the City.

The City reserves the right to require a higher level of insurance for events that pose a significant level of risk as determined through consultation with its risk pool. (Ord. 310 § 1, 2002)

8.12.130 Fees for city services for special commercial event.

(1) Upon application for a special commercial event permit, the applicant will be provided with a schedule of the estimated cost of providing City personnel and equipment to accommodate the event. The schedule will be based solely upon the number of participants and/or attendees expected to attend the event and the length of the event in hours or days. The applicant/sponsor of the event will be required to prepay these estimated costs according to the schedule at least 10 days prior to the special commercial event. City services and equipment may include the use of police officers and public works employees for traffic and crowd control, pick up and delivery of traffic control devices, picnic tables, extraordinary street sweeping and any other requested or required City services and the cost of operating City equipment to provide such services.

(2) If the actual cost for City services and equipment on the date(s) of the event is less than the estimated cost in the schedule, the applicant/sponsor will be refunded the difference by the City in a timely manner after all costs have been determined. If the actual cost for City services and equipment on the date(s) of the event is greater than the estimated cost, the applicant/sponsor will be billed for the difference.

(3) Permit fees and fees for the use of City services and equipment may not be waived. In cases where a contract exists between the City and the event sponsor, fees may be credited. (Ord. 310 § 1, 2002)

8.12.140 Damage deposit.

(1) The applicant/sponsor of special commercial event involving the sale of food or beverages for immediate consumption, erection of structures, presence of horses or other large animals, water aid stations or any other event likely to create a substantial need for clean-up may be required to provide a deposit prior to the issuance of a special event permit. A deposit may also be required to cover damage or losses to City fixtures or equipment such as barricades, curbs, signs, fences, etc.

(2) The deposit may be returned after the event if the area used for the permitted event has been cleaned and restored to the same condition as existed prior to the event and all equipment has been returned in good working order.

(3) If the property used for the event has not been properly cleaned or restored, the applicant/sponsor shall be billed for the actual cost by the City for cleanup, restoration, or for the replacement cost of lost or damaged equipment. The deposit shall be applied toward the payment of the bill. (Ord. 310 § 1, 2002)

8.12.150 Revocation of permits for special commercial events.

In addition to the reasons specified elsewhere in this chapter, any special commercial event permit issued under this chapter may be revoked by the Building Official at any time for reasons of disaster, public calamity, riot or other emergency or exigent circumstances, or when the Building Official determines that the safety of the public or property requires such immediate revocation. The Building Official may also revoke any permit issued pursuant to this chapter if the permit has been issued based upon false information or when the permit holder exceeds the scope of the permit or fails to comply with any condition of the permit. Notice of such action revoking a permit shall be delivered in writing to the applicant by personal service or certified mail at the address specified by the applicant in the application. (Ord. 310 § 1, 2002)

Article III. Special Civic Event Regulations

8.12.160 Action on permit application for special civic event.

(1) The Building Official may approve, conditionally approve, or deny an application for a special civic event permit based on the recommendations of the Technical Review Committee on the same grounds as those for special commercial events, specified in WMC 8.12.080 and 8.12.090. If the application is denied or conditionally approved, the Building Official shall inform the applicant of the following in writing, as they apply to the particular situation: grounds for denial, conditions of approval, reason for a change in the date, time, route or location of the event, and the applicant’s right of appeal under WMC 8.12.100.

(2) Notwithstanding subsection (1) of this section, for all special civic events, the City may require an indemnification agreement, proof of insurance, or a deposit from the event sponsor. (Ord. 310 § 1, 2002)

8.12.170 Responsibility – No duty created.

This chapter shall not create any duty owed by the City of Woodinville as to any specific person, party or class. Any duty nevertheless deemed to exist or arise in connection with the City’s permitting function shall be deemed exclusively a duty to the general public as a whole and not to any specific person, party or class. (Ord. 310 § 1, 2002)

Chapter 8.14
MOTORIZED WATERCRAFT

Sections:

8.14.010 Definitions.

8.14.020 Motorized watercraft prohibited.

8.14.030 Exceptions.

8.14.040 Enforcement – Penalty.

8.14.010 Definitions.

As utilized in this chapter, the following terms shall have the meanings set forth below:

(1) “Lake” means a standing body of fresh water with an aquatic surface area exceeding four acres in size and surrounded substantially by land.

(2) “Motorized watercraft” means a boat, ship, vessel, recreational vehicle or other watercraft propelled wholly or partially by an internal combustion engine, electric motor, jet pump propulsion system or similar mechanized apparatus, but excluding any craft propelled exclusively by manual means such as foot pedals, paddles or oars.

(3) “Operation” means the engagement or activation of the internal combustion engine, electric motor, jet pump propulsion system or similar mechanized propulsion apparatus of a motorized watercraft.

(4) “Pond” means a standing body of fresh water with an aquatic surface area less than four acres in size and surrounded substantially by land. (Ord. 412 § 2, 2006)

8.14.020 Motorized watercraft prohibited.

The operation of motorized watercraft upon any lake or pond located within the City of Woodinville is prohibited except as expressly authorized by this chapter. (Ord. 412 § 2, 2006)

8.14.030 Exceptions.

(1) The prohibitions set forth in this chapter shall not apply to the following:

(a) The operation of a motorized watercraft by an employee or agent of a governmental entity while acting within the scope of his/her governmental duties.

(b) The operation of a motorized watercraft to the actual extent necessary to avert or otherwise respond to an emergency involving immediate danger to human life.

(c) The operation of motorized watercraft necessary to perform in water work, including but not limited to maintenance, construction, mitigation and/or restoration work. Such exemption shall be requested in writing and approved by the City prior to commencing any activities.

(2) A person seeking to avoid criminal or civil penalties for an alleged violation of WMC 8.14.020 shall bear the exclusive burden of demonstrating the applicability of any exception established by this section. (Ord. 462 § 2, 2008; Ord. 412 § 2, 2006)

8.14.040 Enforcement – Penalty.

Violation of this chapter shall subject the violator to civil and criminal penalties pursuant to WMC Title 1. Violation of this chapter shall also constitute a public nuisance subject to abatement pursuant to Chapter 1.07 WMC and applicable State law. The City of Woodinville Public Works Director is authorized to issue administrative interpretations of this chapter. (Ord. 412 § 2, 2006)