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Home My WebLink AboutOrd 1363 - TMC Title 8 Amendments / TMC Chapter 16.25 "Additional Swimming Pool Regulations" Addition (Repealed by Ord 1837 and Ord 1905)City of Tukwila Washington Cover page to Ordinance 1363 The full text of the ordinance follows this cover page. AN ORDINANCE OF THE CITY OF TUKWILA , WASHING- TON , AMENDING T I TL E 8 OF THE TUKWILA. MUN IC I PAL CODE TO REVISE AND RENU,• BER THE CRIMINAL P ROV I S IONS, TE ERE I N ADD I NG. A NEW CHAP TER 16 . 25 TO. THE TUKWILA, MUN IC IPAL., CODE ENTITLED " ADD I T ONAL SWIMMING. POOL REG ULAT I0jS", WHICH CHAPTER WAS FORMALLY CODIFIED AS CHAPTER. 8.24, PRESCRIBING THE EFFECT OF THE NE CRIMINAL CODE ONPREVIOUSLY COMMITTED, OFFENSES, DIRECTING. THE CLERK. TO MAINTAIN ON FILE A COPY OF' STATE STATUTES ADOPTED BY REFERENCE AND, ESTABLISHING, AN EFFECTIVE DATE.. Ordinance 1363 was amended or repealed by the following ordinances. AMENDED Section(s) Amended Amended by Ord # 1387,1389,1396,1468, 1469,1495,1531,1532, 1538,1568,1753,1796, 1805,1806,1807,1838, 1903,1908,2049 1 (part) 2497,2710 (part) 2634 REPEALED Section(e) Repealed Repealed by Ord # 1 (part) 1789, 1806, 2002, 2680, 2710 1837 1905 (part) 1907 CITY OF TUKWILA JEH/clh 08/07/85 09/12/85 WASHINGTON ORDINANCE NO /363 AN ORDINANCE OF THE CITY OF TUKWILA, WASHING- TON, AMENDING TITLE 8 OF THE TUKWILA MUNICI- PAL CODE TO REVISE AND RENUMBER THE CRIMINAL PROVISIONS THEREIN, ADDING A NEW CHAPTER 16.25 TO THE TUKWILA MUNICIPAL CODE ENTITLED "ADDITIONAL SWIMMING POOL REGULATIONS", WHICH CHAPTER WAS FORMALLY CODIFIED AS CHAPTER 8.24, PRESCRIBING THE EFFECT OF THE NEW CRIMINAL CODE ON PREVIOUJSLY COMMITTED OFFENSES, DIRECTING THE CLERK TO MAINTAIN ON FILE A COPY OF STATE STATUTES ADOPTED BY REFERENCE AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Public Safety Committee of the Tukwila City Council has conducted a thorough review of the City's current criminal ordinances and has recommended a comprehensive revision of Title 8 of the Tukwila Municipal Code in order to promote the administration of justice in the City, and WHEREAS, the City Council finds that such revision will be in the interests of the public health, safety and welfare, now, therefore, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Title 8 Amended. Title 8 of the Tukwila Municipal Code entitled "Peace, Safety and Morals" is hereby amended to read as follows: CITY OF TUKWILA TITLE 8 PUBLIC PEACE, MORALS AND SAFETY Index to Chapters: 8.01 Preliminary Article 8.02 Advertising, Crimes Relating To 8.03 Alcoholic Beverages 8.05 Anticipatory Offenses 8.06 Children and Minors, Crimes Relating To 8.07 Controlled Substances, Paraphernalia and Toxic Fumes 8.08 False Alarms 8.09 Fire, Crimes Relating To 8.10 Firearms and Dangerous Weapons 8.16 Fire Protection 8.20 Frauds, Swindles and False Representations 8.22 Noise 8.28 Nuisances 8.30 Persons, Crimes Relating To 8.40 Property, Crimes Relating To 8.50 Public Morals, Crimes Relating To 8.60 Public Officers, Crimes Relating To 8.70 Public Peace, Crimes Relating To 8.80 Miscellaneous Crimes 8.90 Construction and Severability Index to Sections: 8.01 Preliminary Article 8.01.010 8.01.020 8.01.030 8.01.040 8.01.050 General provisions Principles of liability Defenses Contempt Penalties 8.02 Advertising, Crimes Relating To 8.02.010 Advertising prohibited 8.03 Alcoholic Beverages 8.03.010 Alcoholic beverage control and enforcement 8.05 Anticipatory Offenses 8.05.010 Anticipatory offenses prohibited 8.06 Children and Minors, Crimes Relating To 8.06.010 8.06.020 Children and Minors - Conduct prohibited A. Leaving children unattended in parked B. Communication with a minor for purposes Contributing to the delinquency of a minor 8.07 Controlled Substances, Paraphernalia vehicle immoral and Toxic Fumes 8.07.010 8.07.020 8.07.030 Controlled substances Possession of paraphernalia prohibited Inhaling toxic fumes 8.08 False Alarms 8.08.010 8.08.020 8.08.030 8.08.040 8.08.050 Audible alarm nuisance Outside audible intrusion alarm - Notice required Automatic telephone dialing system - Connection with police and fire communications prohibited False alarm - Fines Violation - Penalty 8.09 Fire, Crimes Relating To 8.09.010 Reckless burning 8.09.020- Fire - Miscellaneous crimes 8.10 Firearms and Dangerous Weapons 8.10.010 8.10.020 8.10.030 8.10.040 Firearms and dangerous weapons - Prohibitions Unlawful use of air guns - Penalty Discharge of firearms prohibited Weapons prohibited on liquor sale premises 2 8.16 Fire Protection 8.16.010 8.16.020 8.16.030 8.16.040 Interference with firemen Following fire apparatus Driving over hose Penalty 8.20 Frauds, Swindles and False Representations 8.20.010 Frauds and swindles prohibited 8.20.020 False representations 8.22 Noise 8.22.010 8.22.020 8.22.030 8.22.040 8.22.050 8.22.060 8.22.070 8.22.080 8.22.090 8.22.100 8.22.110 8.22.120 8.22.130 8.22.140 8.22.150 8.22.160 8.22.170 8.22.180 8.22.190 8.22.200 8.22.210 8.22.220 8.22.230 8.22.240 8.22.250 8.22.260 8.22.270 8.22.280 8.22.290 Policy Definitions Environmental sound levels - Unlawful sounds Maximum permissible sound levels Modifications to maximum permissible sound levels Motor vehicle sound levels - Created by operation Muffler requirements Modification of motor vehicles Tire noise Sale of new motor vehicles which exceed limits Motor vehicle exemptions Public nuisance noises Public disturbance noises Public nuisance or disturbance noise - Exempted sources Sounds exempt at all times Sounds exempt during daytime hours Insulation standards for multiple -family dwellings Variance procedure Types of variances Authority of administrator Duties of administrator Measurement of sound Measurement - Technical corrections Receiving properties within more than one district Enforcement - Right of entry Enforcement - Administrative proceedings Enforcement - Administrative procedure Appeals Penalty 8.28 Nuisances 8.28.010 8.28.020 8.28.030 8.28.040 8.28.050 8.28.060 8.28.070 8.28.080 8.28.090 8.28.100 8.28.110 8.28.120 8.28.150 8.28.160 8.28.170 8.28.180 8.28.190 8.28.205 8.28.210 8.28.220 8.28.230 Defined generally Specifically defined Places not protected, from flies or rates - Foul or malodorous places Trash covered premises Animal manure Certain growth Uncovered trash or abandoned material Potential pest harborage or fire danger Dangerous, abandoned buildings or structures Dumping areas Waste vegetable or animal matter Place which occasions annoyances. Burning or disposing material in an annoying manner. Disorderly houses. Places where disturbance of the peace occurs. Place where liquor used illegally. Unguarded hole dangerous to life. Landscape maintenance. Person defined. Abatement. Care in abatement of nuisance --Assistance and means. 3 8.28.240 8.28.250 8.28.260 8.28.270 8.28.280 8.28.290 8.28.300 8.28.310 8.28.320 8.28.330 8.28.340 Liability for costs of abatement. Buildings to be secured. Violation --Penalty. Growth or debris which obstruct public way. Failure to comply with Section 8.28.270. Enforcement of Sections 8.28.270 through 8.28.310. Notice. Nuisance abatement cost for Section 8.28.270. Abandoning or discarding refrigeration equipment. Permitting unused equipment to remain on premises. Keeping or storing equipment for sale. 8.30 Persons, Crimes Relating To 8.30.010 8.30.020 8.30.030 8.30.040 8.30.050 Assault and other crimes involving physical harm Placing a person in fear or apprehension by threat Domestic violence Violation of no contact orders Custodial interference 8.40 Property, Crimes Relating To 8.40.010 8.40.020 8.40.030 8.40.040 Theft, UIBC and possession of stolen property Malicious mischief and obscuring identity of machines Injury or destruction of property Trespass and related crimes 8.50 Public Morals, Crimes Relating To 8.50.010 8.50.020 8.50.030 Public indecency - Sex crimes Lewd Conduct, lewd assault Indecent exposure 8.60 Public Officers, Crimes Relating To 8.60.010 8.60.020 8.60.030 Obstructing public officers Obstructing justice, criminal assistance, introducing contraband and related offenses Escape 8.70 Public Peace, Crimes Relating To 8.70.010 8.70.020 8.70.030 8.70.040 8.70.050 Disorderly conduct Riot, failure to disperse, and obstruction Privacy Libel and slander Malicious prosecution 8.80 Miscellaneous Crimes 8.80.010 8.80.020 Conduct prohibited Littering and pollution 8.90 Construction and Severability 8.90.010 8.90.020 Construction Severability Chapter 8.01 Preliminary Article 4 Sections: 8.01.010 8.01.020 8.01.030 8.01.040 8.01.050 8.01.010 state of RCW RCW RCW RCW RCW RCW RCW RCW RCW RCW General provisions Principles of liability Defenses Contempt Penalty General provisions. The following statutes of the Washington are adopted by reference: 9.01.055 9.01.110 9.01.130 9A.04.020 9A.04.050 9A.04.060 9A.04.070 9A.04.090 9A.04.100 9A.04.110 Citizen immunity of aiding officer Omission, when not punishable Sending letter, when complete Purposes - principles of construction People capable of committing crimes (capability of children) Common law to supplement statutes Who amenable to criminal statutes Application of general provisions of the code Proof beyond a reasonable doubt Definitions 8.01.020 Principles of liability. The following statutes of the state of Washington are adopted by reference: RCW RCW RCW 9A.08.010 9A.08.020 9A.08.030 8.01.030 Defenses. ington are adopted RCW 9A.12.010 RCW 9A.16.010 RCW 9A.16.020 RCW 9A.16.060 RCW 9A.16.070 RCW 9A.16.080 RCW 9A.16.090 General requirements of culpability Liability for conduct of another, complicity Criminal liability of corporations and persons acting under a duty to act in their behalf The following statutes of the state of Wash - by reference: Insanity Definition Use of force --When lawful Duress Entrapment Action for being detained on mercantile establishment of premises for investigation - "Reasonable grounds" as defense. Intoxication 8.01.040 Contempt. The following statutes of the State of Wash- ington are hereby adopted by reference: (A) RCW RCW RCW (B) 8.01.050 7.20.010 7.20.020 7.20.030 RCW 7.20.040 RCW 7.20.050 RCW 7.20.060 RCW 7.20.070 RCW 7.20.080 RCW 7.20.090 RCW 7.20.100 RCW 7.20.110 RCW 7.20.120 RCW 7.20.130 RCW 7.20.140 RCW 9.23.010 Contempt of court defined Punishment - General Contempt in presence of court - Summary punishment Procedure in other cases Production of defendant if in custody How prosecuted Execution of warrant - Bond Return of warrant - Examination of defendant Judgment and sentence Indemnity to injured party Imprisonment until act performed Offender may be indicted Alias warrant - Prosecution of bond Appeal - Punishment for contempts of justice courts Criminal contempt Penalty. Unless otherwise provided, any person violat- ing any of the provisions of Title 8 shall be guilty of a mis- demeanor, and upon conviction thereof, be punished by a fine not 5 to exceed Five Thousand Dollars ($5,000.00) or by imprisonment in jail for a term not exceeding one (1) year, or by both such fine and imprisonment. Chapter 8.02 Advertising, Crimes Relating to Sections: 8.02.010 Advertising prohibitions 8.02.010 Advertising, prohibitions. The following statutes the state of Washington are adopted by reference: RCW 9.04.010 RCW 9.04.030 RCW 9.04.040 of False advertising Advertising cures of venereal diseases, lost vitality -- monthly regulators Evidence Chapter 8.03 Alcoholic Beverages Section: 8.03.010 Alcoholic Beverage Control and Enforcement 8.03.010 Alcoholic beverage control --Enforcement. The following statutes of the state of Washington are adopted by reference and wherever the word "title" or words "this title" are used therein the same shall be construed to mean and refer to RCW Title 66 and "this act" shall mean and refer to the Washington State Liquor Act: RCW 66.04.010 RCW 66.20.200 RCW 66.28.080 RCW 66.28.090 RCW 66.44.010 RCW 66.44.040 RCW 66.44.050 RCW 66.44.060 RCW 66.44.070 RCW RCW RCW RCW RCW RCW 66.44.080 66.44.090 66.44.100 66.44.120 66.44.130 66.44.140 RCW 66.44.150 RCW 66.44.160 RCW 66.44.170 RCW 66.44.175 Definitions Unlawful acts relating to card of identi- fication and certification card Permit for music and dancing upon licensed premises Licensed premises open for inspection Failure to allow Local officers to enforce law --Authority of board -- Liquor enforcement officers Sufficiency of description of offenses in complaints, informations, process, etc. Description of offense in words of statutes -- Proof required Proof of unlawful sale establishes prima facie intent Certified analysis is prima facie evidence of alcoholic content Service of process on corporation Acting without license Opening or consuming liquor in public places Unlawful use of seal Sales of liquor by drink or bottle Unlawful sale, transportation of spirituous liquor without stamp or seal -- Unlawful operation, possession of still or marsh Buying liquor illegally Illegal possession, transportation of alcoholic beverages Illegal possession of liquor with intent to sell -- Prima facie evidence, what is Violations of law 6 RCW 66.44.180 RCW 66.44.200 RCW 66.44.210 RCW 66.44.240 RCW 66.44.250 RCW 66.44.270 RCW RCW RCW RCW RCW RCW 66.44.280 66.44.290 66.44.291 66.44.300 66.44.310 66.44.316 RCW 66.44.320 RCW 66.44.325 RCW 66.44.340 RCW 66.44.370 Jurisdiction Sales to persons apparently under the influence of liquor Obtaining liquor for ineligible person Drinking in public conveyance -- Penalty against carrier --- Penalty against individual Furnishing liquor to minors -- Possession, Use Minor applying for permit Minor purchasing liquor Minor purchasing or attempting purchase liquor -- Penalty Treating minor, etc., in public place where liquor sold Minors frequenting tavern -- Misrepresenta- tion of age -- Classification of licenses Musicians eighteen years and older permitted to enter and remain upon licensed premises during employment Sales of liquor to minors a violation Unlawful transfer to a minor of an identification of age Employees eighteen years and over allowed to sell and carry beer and wine for class E and/or F licensed employees Resisting or opposing officers in enforcement of title. Chapter 8.05 Anticipatory Offenses Section: 8.05.010 Anticipatory offenses prohibited 8.05.010 Anticipatory offenses prohibited. The following statutes of the state of Washington are adopted by reference: RCW 9A.28.020(1), (2), (3)(e) Criminal attempt RCW 9A.28.030 Criminal solicitation RCW 9A.28.040(1), (2), (3)(e) Criminal conspiracy Section: 8.06.010 8.06.020 8.06.010 State of Chapter 8.06 Children and Minors, Crimes Relating to Conduct prohibited Contributing to the delinquency of a minor Conduct prohibited. The following statutes Washington are adopted by reference: A) RCW 9.91.060 B) RCW 9.68A.090 C) RCW 9.68A.011 D) RCW 9.68A.070 E) RCW 9.68A.080 Leaving children unattended automobile Communicating with a minor purposes. Definitions Possession of depictions engaged in sexually explicit Processors of depictions engaged in sexually explicit of the in parked for immoral of minor conduct of minor conduct 8.06.020 Contributing to the delinquency of a minor. In all cases when any child is dependent or delinquent as defined in RCW 13.34.030, any person who, by act or omission, encourages, causes, or contributes to the dependency or delinquency of such child, shall be guilty of a misdemeanor. Sections: 8.07.010 8.07.020 8.07.030 Chapter 8.07 Controlled Substances, Paraphernalia and Toxic Fumes Controlled substance Possession of paraphernalia prohibited Inhaling toxic fumes 8.07.010 State Statutes adopted by reference. The following statutes of the state of Washington are hereby adopted by refer- ence as if set forth in full herein: (A) (B) (C) (D) (E) (F) (G) (H) (I) RCW 69.50.101 RCW 69.50.102 RCW 69.50.204(d)(13) RCW 69.50.309 RCW 69.50.401(e) RCW 69.50.412 RCW 69.50.505 RCW 69.50.506 RCW 69.50.509 Definitions Drug paraphernalia -Definitions Schedule I -Marijuana Containers Prohibited Acts: A -Penalties Prohibited Acts: E -Penalties Seizure and Forfeiture Burden of Proof Search and seizure of controlled substances 8.07.020 Possession prohibited. No person shall possess any drug paraphernalia as defined in RCW 69.50.102 with the intent to use or employ the same for manufacturing and/or consuming con- trolled substances. 8.07.030 Inhaling Toxic Fumes. The following statutes of the state of Washington are adopted by reference: RCW 8.47A.010 RCW 8.47A.020 RCW 8.47A.030 RCW 8.47A.040 Definition Unlawful inhalation --Exception Possession of certain substances prohibited, when Sale of certain substances prohibited, when Chapter 8.08 False Alarms Section: 8.08.010 Audible alarm nuisance 8.08.020 Outside audible- intrusion alarm - Notice required 8.08.030 Automatic telephone dialing system - Connection with police and fire communications prohibited 8.08.040 False alarm - Fines 8.08.050 Violation - Penalty 8.08.010 Audible alarm nuisance. Any alarm audible upon abut- ting property for a period in excess of one-half hour is declared to be a public nuisance and may be summarily abated by the police department. 8.08.020 Outside audible intrusion alarm - Notice. required. Any person connecting an outside audible intrusion alarm to any - 3 - building located within the city limits shall notify the police department of the city of such connection. 8.08.030 Automatic telephone dialinv system - Connection with police and fire communications prohibited. No person shall con- nect any automatic telephone dialing system to the Tukwila Police Department, Tukwila Fire Department or Valley Communications. 8.08.040 False alarm - Fines. (a) In the event that, in any calendar year, any department of the city receives or responds to a total of more than two false alarms of fire, intrusion, crime or other safety-related emergency at any single place of business, home, vehicle or other premises or place, the owner of said premises or place shall, within ten days of receipt of written bill therefor, pay to the city the sum of twenty-five dollars as to each such false alarm in excess of two. (b) Subsection (a) shall not apply to any false alarm intentionally sent by a person with respect to whom the owner has no right of control by reason of an employment, tenancy or simi- lar relationship unless the city establishes that the alarm was sent by means of electronic or mechanical device, other than a telephone, installed by the owner in a manner which failed to comply with applicable statutes, codes or regulations. In any proceeding brought to enforce this section, the party charged with a violation of this section shall bear the burden of proving that the exception set forth in this subsection applies. (c) Failure to timely make any payment required by subsec- tion (a) shall constitute a civil infraction. Chapter 8.09 Fire, Crimes Relating To Sections: 8.09.010 Reckless burning 8.09.020 Miscellaneous crimes 8.09.010 Reckless burning. The following statutes of the state of Washington are adopted by reference. RCW 9A.48.050 RCW 9A.48.060 Reckless burning Reckless burning -- Defenses 8.09.020 Fire - Miscellaneous crimes. The following statutes the state of Washington are adopted by reference: RCW 9.40.040 Sections: 8.10.010 8.10.020 8.10.030 8.10.040 8.10.050 of Operating engine or boiler without spark arrester Chapter 8.10 Firearms and Dangerous Weapons Firearms and dangerous weapons - Prohibitions Unlawful use of air guns - Penalty Discharge of firearms prohibited Weapons prohibited on liquor sale premises Penalty 9 8.10.010 Firearms and dangerous weapons - Prohibitions. The following statutes of the state of Washington are adopted by reference: RCW RCW RCW RCW RCW RCW RCW RCW RCW 9.41.010 9.41.050 9.41.060 9.41.070 9.41.080 9.41.090 9.41.093 9.41.095 9.41.098 RCW 9.41.100 RCW RCW RCW RCW RCW RCW RCW RCW RCW RCW 9.41.120 9.41.130 9.41.140 9.41.150 9.41.170 9.41.230 9.41.240 9.41.250 9.41.260 9.41.270 RCW 9.41.280 Terms defined Carrying pistol Exception Issuance of licenses to carry Delivery to minors and others forbidden Sales regulated --Application to purchase -- Grounds for denial Exemptions Denial of application --Appeal Forfeiture of firearms, order by courts -- Return to owner -- Confiscation by law enforcement officer Dealer's licenses, by whom granted and condition thereof --Wholesale sales excepted- -Permits prohibited Certain transfers forbidden False information forbidden Alteration of identifying marks prohibited Exceptions Alien's license to carry firearms --Exception Aiming or discharging firearms Use of firearms by minor Dangerous weapons --Evidence Dangerous exhibitions Weapons apparently capable of producing bodily harm, carrying, exhibiting, displaying or drawing unlawful--Penalty--Exceptions Students carrying dangerous weapons on school property 8.10.020 Unlawful use of air guns - Penalty. A. It is unlawful for any person to point or shoot an air gun at any person or property of another, or to aim or discharge such weapon in the direction of the person or residence of another, while within such range as to cause or inflict injury to the person or damage the 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 so designed, contrived, modified and used to propel, by compressed air or spring-loaded plunger, any pellet, dart, hard -tipped arrow, bean, pea, BB, rock or other hard substance a distance of more than twenty-five feet with sufficient force to break windows or inflict injury upon persons or animals. C. Any person convicted of a violation of the provisions of this section is guilty of a misdemeanor and, in addition to any other punishment imposed by the court, the court shall direct that the weapon so used in violation of the provisions hereof be confiscated. 8.10.030 Discharge of firearms prohibited. It is unlawful for any person to discharge any firearm in the City of Tukwila where there is a likelihood of injury to humans, domestic animals or property, except upon a rifle or pistol firing range which has been issued a business license by the City for such purpose, 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. 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. 8.10.040 Weapons prohibited on liquor sale premises. A. It shall be unlawful for anyone, on or in any portion of an establishment classified by the state liquor control board as off-limits to persons under twenty-one years of age to: 1. Carry any rifle, shotgun or pistol, whether said person has a license or permit to carry said firearm or not, and whether said firearm is concealed or not. 2. Carry any knife, sword, dagger or other cutting or stabbing instrument, with a blade of a length of three inches (3") or more, or any razor with an unguarded blade, whether said weapon or instrument is concealed or not. 3. Carry any instrument or weapon of the kind usually known as a slingshot, taser, throwing star, bow, sand club, blackjack, metal knuckles, or any stick, chain, metal pipe, bar, club or combination thereof including a device known as num-chuk sticks, or any like device having the same or similar components or parts, whether or not connected by a rope, chain or other device, or any explosive or any poison or injurious gas, or any other instrument or weapon apparently capable of producing bodily harm, whether said instrument or weapon is concealed or not. B. Exceptions: The above shall not apply to or affect the following: 1. A person engaged in military activities sponsored by the federal or state governments, while engaged in official duties; 2. Law enforcement personnel; 3. Security personnel while engaged in official duties; or 4. The proprietor of the premises or his or her employees while engaged in their employment. C. Warnings signs required: Signs, informing the public of the prohibitions contained herein, shall be conspi- cuously posted at all internal and external entrances to any area wherein the carrying of said weapons or instru- ments are prohibited. Said signs shall be provided by the City to all affected places of business, and shall bear the following inscription: "WARNING - WEAPONS PROHIBITED: It shall be unlawful for any person, other than a commissioned law enforcement officer, to enter onto this premise while carrying any of the following weapons or instruments, whether a license or permit to carry said weapon is possessed or not, and whether said weapon or instrument is concealed or not: Rifle, shotgun, pistol, knife, sword, dagger or any other cutting or stabbing instrument, having a blade longer than three inches (3"); or any razor with an unguarded blade; or any explosive; or any poison or injurious gas; or any sling shot, taser, throwing star, bow, sand club, blackjack, metal knuckles, stick, chain, metal pipe, bar, club or combina- tion thereof, including a device known as "num-chuk" sticks, or any like device having the same or similar components or parts; or any weapon or instrument appa- rently capable or producing bodily harm. Tukwila Municipal Code Section 8.01.040." D. Upon conviction said weapon or instrument involved may be confiscated by order of the presiding judge, and shall thereafter be disposed of in accordance with statutes or ordinances governing the disposal of confis- cated or found property. 8.10.050 Penalty. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon convic- tion thereof, be punished by a fine not to exceed one thousand dollars ($1,000), or by imprisonment in jail for a term not exceeding ninety (90) days, or by both such fine and impri- sonment. Sections: 8.16.010 8.16.020 8.16.030 8.16.040 Chapter 8.16 Fire Protection Interference with firemen Following fire apparatus Driving over hose Penalty 8.16.010 Interference with fire fighters. No one other than members of the fire department, except by direction of the fire chief, shall be permitted on the fire trucks and no person shall in any way interfere with fire fighters while on duty at a fire or at drill. 8.16.020 Following fire apparatus. The driver of any vehicle other than one on official business of the City shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred feet or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm. 8.16.030 Driving over hose. No vehicle shall be driven over any unprotected hose of the fire department when laid down on any street or private driveway to be used at any fire or alarm of fire without the consent of the fire department official in command. 8.16.040 Penalty. Any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor, and upon convic- tion thereof, be punished by a fine not to exceed One Thousand Dollars ($1,000.00) or by imprisonment in jail for a period not to exceed ninety (90) days, or by both such fine and impri- sonment. Chapter 8.20 Frauds, Swindles and False Representations Sections: 8.20.010 Frauds and swindles prohibited 8.20.020 False representations prohibited 8.20.010 state of Frauds and swindles. The following statutes of the Washington are adopted by reference: RCW 9.45.040 RCW 9.45.060 RCW 9.45.062 RCW RCW RCW RCW RCW RCW RCW 9.45.070 9.45.080 9.45.090 9.45.100 9.45.120 9.45.150 9.45.180 RCW 9.45.190 RCW 9.45.240 RCW RCW RCW 9.45.250 9A.60.040 9A.60.050 Frauds on innkeeper Encumbered, leased or rented personal property Failure to deliver leased personal property - Requisites for presentation --Construction Mock auctions Fraudulent removal of property Knowingly receiving fraudulent conveyance Fraud in assignment for benefit of creditors Using false weights and measures Concealing foreign matter in merchandise Fraud in operating coin -box telephone or other receptacle Penalty for manufacture or sale of slugs to be used for coin Fraud in obtaining telephone or telegraph service Fraud in obtaining cable television services Criminal impersonation False certification 8.20.020 False representations. The following statutes of the state of Washington are adopted by reference: RCW 9.38.010 RCW 9.38.020 Sections: 8.22.010 8.22.020 8.22.030 8.22.040 8.22.050 8.22.060 8.22.070 8.22.080 8.22.090 8.22.100 8.22.110 8.22.120 8.22.130 8.22.140 8.22.150 8.22.160 8.22.170 8.22.180 8.22.190 8.22.200 8.22.210 8.22.220 8.22.230 8.22.240 8.22.250 8.22.260 8.22.270 8.22.280 8.22.290 False representation concerning credit False representation concerning title Chapter 8.22 Noise Policy Definitions Environmental sound levels - Unlawful sounds Maximum permissible sound levels Modifications to maximum permissible sound levels Motor vehicle sound levels - Created by operation Muffler requirements Modification of motor vehicles Tire noise Sale of new motor vehicles which exceed limits Motor vehicle exemptions Public nuisance noises Public disturbance noises Public nuisance or disturbance noise - Exempted sources Sounds exempt at all times Sounds exempt during daytime hours Sounds exempt from nighttime reduction Variance procedure Types of variances Authority of administrator Duties of administrator Measurement of sound Measurement - Technical corrections Receiving properties within more than one district Enforcement - Right of entry Enforcement - Administrative proceedings Enforcement - Administrative procedure Appeals Penalty 8.22.010 Policy. It is declared to be the policy of the city to minimize the exposure of citizens to the physiological and psychological dangers of excessive noise and to protect, promote and preserve the public health, safety and welfare. It is the express intent of the city council to control the level of noise in a manner which promotes commerce; the use, value and enjoyment of property; sleep and repose; and the quality of the environ- ment. 8.22.020 Definitions. All technical terminology used in this chapter, not defined in this section, shall be interpreted in conformance with American National Standards Institute Specifica- tions, Section 1.1-1960 and Section 1.4-1971 as may be amended. Words used in the masculine gender include the feminine and words used in the feminine gender include the masculine. (1) "Administrator" means the Planning Director or his authorized representative except in the case of vehicle (Sections 8.22.060 through 8.22.110) and public disturbance noise (Section 8.22.130) in which case "Administrator" shall mean the chief of the police department. (2) "Ambient sound level" means the background level of all sound independent of the specific source being measured. (The A -weighted sound pressure level exceeded ninety percent of the time based on a one-hour period). (3) "Commercial agriculture" means the production of live- stock or agricultural commodities on lands defined as "farm and agricultural" by RCW 84.34.020(2) and the offering of the live- stock and agricultural commodities for sale. (4) "Construction" means any site preparation, assembly, erection, demolition, substantial repair, alteration, or similar action for or of public or private rights of way, structures, utilities or similar property. (5) "dB(A)" means the sound level measured in decibels, using the "A" weighting network. (6) "District" means the land use zones to which the provi- sions of this chapter are applied. For the purposes of this chapter: (A) "Residential district" includes zones designated as R -A, R-1, R-2, R-3, R-4, RMH, and P -F in the comprehensive zoning ordinance of the city. (B) "Commercial district" includes zones designated as C-1, C-2, and CPR in the comprehensive zoning ordinance of the city. (C) "Industrial district" includes zones designated as CM, M-1, and M-2 in the comprehensive zoning ordinance of the city. (7) "Emergency work" means work required to restore prop- erty to a safe condition following a public calamity, work required to protect persons or property from an imminent exposure to danger, or work by private or public utilities for providing or restoring immediately necessary utility service. (8) "Equipment" means any stationary or portable device or any part thereof capable of generating sound. (9) "Gross vehicle weight rating" (GVWR) means the value specified by the manufacturer as the recommended maximum loaded weight of a single vehicle or combination of vehicles (GCWR). (10) "Impulsive sound" means sound having the following qualities: The peak of the sound level is less than one second and short compared to the occurrence rate; the onset is abrupt; the decay rapid, and the peak value exceeds the ambient level by more than ten dB(A). - 14 - (11) "Motorcycle" means any motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground; except, that farm trac- tors and vehicles powered by engines of less than five horsepower shall not be included. (12) "Motor vehicle" means any vehicle which is self-pro- pelled, used primarily for transporting persons or property upon public highways, and required to be licensed under RCW 46.16.010. (Aircraft, watercraft and vehicles used exclusively on stationary rails or tracks are not motor vehicles as that term is used herein.) (13) "Motor vehicle racing event" means any competition between motor vehicles and/or off-highway vehicles including any competition judged on the basis of time only, under the auspices of a sanctioning body recognized by the administrator. (14) "Muffler" means a device consisting of a series of chambers or other mechanical designs for the purpose of receiving exhaust gas from an internal combustion engine and effective in reducing sound resulting therefrom. (15) "New motor vehicle" means a motor vehicle manufactured after December 31, 1975, the equitable or legal title of which has never been transferred to a person who, in good faith, pur- chases the new motor vehicle for purposes other than resale. (16) "Noise" means the intensity, duration and character of sounds from any and all sources. (17) "Off-highway vehicle" means any self-propelled motor - driven vehicle not used primarily for transporting persons or property upon public highways nor required to be licensed under RCW 46.16.010. The term "off-highway vehicle" shall not include special construction vehicles. (18) "Periodic sound" means sound having the following qualities: the sound level varies repetitively, within a period of one minute or less, and the peak value is more than five dB(A) above the minimum value. (19) "Person" means any individual, firm, association part- nership, corporation or any other entity, public or private. (20) "Powered model vehicles" means any powered vehicles, either airborne, waterborne, or landborne, which are designed not to carry persons or property such as, but not limited to, model airplanes, boats, cars, rockets, and which can be propelled by mechanical means. (21) "Property boundary" means the surveyed line at the 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. (22) "Public highway" means the entire width between the boundary lines of every way publicly maintained by the Department of Highways or any county or city when any part thereof is gene- rally open to the use of the public for purposes of vehicular travel as a matter of right. (23) "Public nuisance noise" means any sound which unrea- sonably either annoys, injures, interferes with or endangers the comfort, repose, health or safety of a community or neighborhood, although the extent of damage may be unequal. (24) "Public space" means an area which is owned or con- trolled by a public governmental entity and maintained for the use of the general public. (25) "Pure tone component" means a sound having the follow- ing qualities: a one-third octave band sound pressure level in the band with the tone that exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by 5 decibels for center frequencies of 500 Hz and above, by 8 decibels for center frequencies and between 160 and 400 Hz, and by 15 decibels for center frequencies less than or equal to 125 Hz. (26) "Real property" means an interest or aggregate of rights in land which is guaranteed and protected by law; for purposes of this chapter, the term "real property" includes a leasehold interest. (27) "Receiving property" means real property within which the maximum permissible sound levels specified herein shall not be exceeded from sources outside such property. (28) "Sound level" means the weighted sound pressure level measured by the use of a metering characteristic add weigted as specified in American National Standards Institute Specifica- tions, Section 1.4-1971. The sound pressure level of a sound expressed in decibels is twenty times and logarithm to the base 10 of the ratio of the pressure of the sound to the reference sound pressure of 20 micropascals. In the absence of any speci- fic modifier, the level is understood to be that of a mean -square pressure. (29) "Sound level matter" means a sound level measuring device, either Type I or Type II, as defined by American National Standards Institute Specifications, Section 1.4-1971. (30) "Special construction vehicle" means any vehicle which is designed and used primarily for grading, paving, earth moving, and other construction work; and which is not designed or used primarily for the transportation of persons or property on a public highway; and which is only incidentally operated or moved over the highway. (31) "Use" means the nature of the occupancy, the type of activity, or the character and form of improvements to which land is devoted or may be devoted. (32) "Warning device" means any device intended to provide public warning of potentially hazardous, emergency or illegal activities, including but not limited to a burglar alarm or vehicle backup signal, but not including any fire alarm. (33) "Watercraft" means any contrivance, excluding air- craft, used or capable of being used as a means of transportation or recreation on water. (34) "Weekday" means any day Monday through Friday which is not a legal holiday. (35) "Weekend" means Saturday and Sunday or any legal holiday. 8.22.030 Environmental sound levels - Unlawful sounds. It is unlawful for any person to cause sound, or for any person in possession of property to permit sound originating from such property, to intrude into the real property of another person whenever such sound exceeds the maximum permissible sound levels established by this chapter. 8.22.040 Maximum permissible sound levels. For sound sources located within the city, the maximum permissible sound levels are as follows: District of Sound Source District of Receiving Property Within the City Residential Residential 55 dB(A) Commercial 57 dB(A) Industrial 60 dB(A) Commercial Industrial 57 dB(A) 60 dB(A) 65 dB(A) 60 dB(A) 65 dB(A) 70 dB(A) 8.22.050 Modifications to maximum permissible sound levels. The maximum permissible sound levels established by this chapter shall be reduced or increased by the sum of the following: (a) Between the hours of ten p.m. and seven a.m. during weekdays, and between the hours of ten p.m. and seven a.m. on weekends, the levels established by Section 8.22.040 are reduced by 10 dB(A) where the receiving property lies within a residen- tial district of the city. (b) For any source of sound which is periodic, which has a pure tone component, or which is impulsive and is not measured with an impulse sound level meter, the levels established by this chapter shall be reduced by 5 dB(A); provided, however, that this 5 dB(A) penalty for the emission of sound having a pure tone component shall not be imposed on any electrical substation, whether existing or new. (c) For any source of sound which is of short duration, the levels established by this chapter are increased by: (1) 5 dB(A) for a total of fifteen minutes in any one-hour period; or (2) 10 dB(A) for a total of five minutes in any one- hour period; or (3) 15 dB(A) for a total of 1.5 minutes in any one- hour period. 8.22.060 Motor vehicle sound levels - Created by operation. It is unlawful for any person to operate upon any public highway any motor vehicle or any combination of motor vehicles under any conditions of grade, load, acceleration or deceleration in such manner as to exceed the following maximum permissible sound levels for the category of vehicle, as measured at a distance of fifty feet from the center of the lane of travel within the speed limits specified by measurement procedures established by the State Commission on Equipment in WAC 204-56: Vehicle Category 35 mph or less Over 35 mph Motor vehicles over 10,000 pounds GVWR or GCWR 86 dB(A) 90 dB(A) Motorcycles 80 dB(A) 84 dB(A) All other motor vehicles 76 dB(A) 80 dB(A) 8.22.070 Muffler requirements. It is unlawful for any person to operate, or for any owner to permit any person to operate, any motor vehicle upon the public highways which is not equipped with a muffler in good working order and in constant operation. 8.22.080 Modification of motor vehicles. It is unlawful for any person to operate a vehicle which has been modified or changed in any way or had installed any device thereon in any manner that permits sound to be emitted by the motor vehicle in excess of the limits prescribed by this chapter. It is unlawful for any person to remove or render inoperative, or cause to be removed or rendered inoperative, other than for purposes of maintenance, repair, or replacement, any muffler or sound dissipative device on a motor vehicle which is operated on the city's streets. 8.22.090 Tire noise. It is unlawful for any person to operate a motor vehicle in such a manner as to cause or allow to be emitted squealing, screeching or other such sound from the tires in con- tact with the ground because of rapid acceleration or excessive - 17 - speed around corners or other such reason; provided, that sound resulting from emergency braking to avoid imminent danger shall be exempt from this section. 8.22.100 Sale of new motor vehicles which exceed limits. It is unlawful for any person to sell or offer for sale within the city limits a new motor vehicle, except an off-highway vehicle, which produces a maximum sound level exceeding the following maximum permissible sound levels at a distance of fifty feet, by accele- ration test procedures established by the State Commission on Equipment in WAC 204-56: Vehicle Category Motorcycle manufactured after 1975 83 dB(A) Any motor vehicle over 10,000 pounds GVWR manufactured after 1975 86 dB(A) Any motor vehicle over 10,000 pounds GVWR manufactured after January 1, 1978 83 dB(A) Any motor vehicle over 10,000 pounds GVWR manufactured after January 1, 1982 80 dB(A) All other motor vehicles 80 dB(A) 8.22.110 Motor vehicle exemptions. Sounds created by motor vehicles are exempt from the maximum permissible sound levels of Sections 8.22.030 through 8.22.050, except that sounds created by any motor vehicle operated off public highways shall be subject to the sound levels of Sections 8.22.030 through 8.22.050, when the sounds are received within a residential district of the city. 8.22.120 Public nuisance noises. Pursuant to the notice and order procedure set forth in Section 8.22.270, the administrator may determine that a sound constitutes a public nuisance noise as defined in Section 8.22.020. It is unlawful for any person to cause, or for any person in possession of property to allow to originate from the property, sound which has been determined a public nuisance noise. 8.22.130 Public disturbance noises. It is unlawful for any person to cause, or for any person in possession of property to allow to originate from the property, sound that is a public disturbance noise. The following sounds are determined to be public disturbance noises: (1) Frequent, repetitive or continuous sounds made by any animal which reasonably disturb or interfere with the peace, comfort and repose of property owners or possessors; except, that such sounds made in animal shelters, or commercial kennels, vete- rinary hospitals, pet shops, or pet kennels licensed under and in compliance with the License Code shall be exempt from this subs- ection; provided, that notwithstanding any other provision of this chapter, if the owner or other person having custody of the animal cannot, with reasonable inquiry, be located by the inves- tigating officer or if the animal is a repeated violator of this subsection, the animal shall be impounded by contacting the county animal control officer; (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 sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off- highway vehicle, powered model vehicle, or internal combustion engine so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property; (4) The use of a sound amplifier or other device capable of producing or reproducing amplified sound upon public streets for - 18 - the purpose of commercial advertising or sales or for attracting the attention of the public to any vehicle, structure, or prop- erty or the contents therein,except as permitted by law, and except that vendors whose sole method of selling is from a moving vehicle shall be exempt from this subsection; (5) The making of any loud and raucous sound within one thousand feet of any school, hospital, sanitarium, nursing or convalescent facility; (6) The creation by use of a musical instrument, whistle, sound amplifier or other device capable of producing or reproduc- ing sound, of loud and raucous sounds which emanate frequently, repetitively or continuously from any building, structure or property located within a rural or residential district, such as sounds originating from a band session or social gathering; (7) The amplified or unamplified human voice which unrea- sonably interferes with peace, comfort and repose of property owners or possessors. 8.22.140 Public nuisance or disturbance noise - Exempted sources. No sound source specifically exempted from a maximum permissible sound level by this chapter shall be a public nui- sance noise or public disturbance noise, insofar as the parti- cular source is exempted. 8.22.150 Sounds exempt at all times. The following sounds are exempt from the provisions of this chapter at all times: (1) Sounds created by aircraft engine testing and mainten- ance not related to flight operations between the hours of seven a.m. and ten p.m. (WAC 173.60.050(1)(d)); (2) Sounds created by safety and protective devices, such as relief valves, where noise suppression would defeat the safety release intent of the device; (3) Sounds created by fire alarms; (4) Sounds created by emergency equipment and emergency work necessary in the interests of law enforcement or of the health, safety or welfare of the community; (5) Sounds originating from commercial agriculture, if the receiving property is located in a commercial or industrial district of the city; (6) Sounds created by auxiliary equipment used for highway maintenance; (7) Sounds created by warning devices not ously for more than five minutes per incident; on motor vehicles operated continu- (8) Sounds created by the operation of equipment or facili- ties of surface carriers engaged in commerce by railroad; (9) Sounds caused by natural phenomena and unamplified human voices. 8.22.160 Sounds exempt during daytime hours. The following sounds are exempt from the provisions of this chapter between the hours of seven a.m. and ten p.m. on weekdays and between the hours of seven a.m. and ten p.m. on weekends: (1) Sounds created by bells, chimes, or carillons not ope- rating for more than five minutes in any one hour; (2) Sounds originating from officially sanctioned parades and other public events; - 19 - (3) Sounds originating from forest harvesting and from commercial agriculture, if the receiving property is located in a residential district of the city. The administrator is autho- rized to promulgate regulations which extend the hours during which this exemption shall be in effect to conform with operating laws designated by the Washington State Department of Natural Resources in directing an official fire closure; (4) Sounds created by construction equipment, including special construction vehicles, and emanating from temporary con- struction sites, if the receiving property is located in residen- tial district of the city; (5) Sounds created by the installation or repair of essen- tial utility services; (6) Sounds created by powered equipment used in temporary or periodic maintenance or repair of residential property, including grounds and appurtenances, such as lawnmowers, powered hand tools, snow removal equipment, and composters. 8.22.170 Sounds exempt from nighttime reduction. The following sounds are exempt from the provisions of subsection (a) of Sec- tion 8.22.050: (1) Sounds created by existing stationary equipment used in the conveyance of water by a utility; (2) Sounds created by existing electrical substations; (3) Sounds created by sources in industrial districts which, over the previous three years, have consistently operated in excess of fifteen hours per day as a demonstrated routine or as a consequence of process necessity. Such exemption shall only extend five years after or/from the date of initial complaint lodged with the city. Changes in working hours or activity which would increase the noise emitted under this exemption require the approval of the administrator. 8.22.180 Variance procedure. (a) Any person who owns or is in possession of any property or use, or any process or equipment, may apply to the adminis- trator for relief from the requirements of this chapter or rules or regulations promulgated hereunder governing the quality, nature, duration or extent of discharge of noise. In a proper case, the variance may apply to all sources of a particular class or type. The application shall be accompanied by such informa- tion and data as the administrator may require. The adminis- trator shall promulgate rules and regulations governing the application for and granting of such variances, including hear- ings and notice. (b) A variance or its renewal shall not be a right of the applicant or holder thereof, but shall be at the reasonable dis- cretion of the administrator. (c) No variance shall be granted pursuant to this chapter until the administrator has considered the relative interests of the applicant, other owners or possessors or property likely to be affected by the noise, and the general public. A technical or economic variance may be granted only after a public hearing on due notice. The administrator may grant a variance, if he finds that: (1) The noise occurring or proposed to occur does not endanger public health or safety; (2) The applicant demonstrates that the criteria required for a temporary, technical or economic variance under Section 8.22.190 are met. - 20 - (d) Variances, except temporary variances, granted pursuant to this chapter may be renewed on terms and conditions and for periods which would be appropriate on the initial granting of a variance. No renewal shall be granted except on application made at least sixty days prior to the expiration of the variance. (e) Any person aggrieved by the denial, grant, or the terms and conditions on the grant of an application for a variance or renewal of a variance by the administrator may appeal such deci- sion to the board of adjustment under procedures contained in Section 8.22.290. (f) Any person or source granted a variance pursuant to the procedures of this section or on appeal shall be exempt from the maximum permissible sound levels established by this chapter to the extent provided in the variance. 8.22.190 Types of variances. (a) Temporary Variance. The administrator may grant a temporary variance, not to exceed fourteen days, for any acti- vity, use, process or equipment which the administrator deter- mines, in accordance with rules and regulations, does not annoy a substantial number of the people and does not endanger public health or safety. (b) Technical Variance. A technical variance may be granted by the administrator on the ground that there is not practical means known or available for the adequate prevention, abatement or control of the noise involved. Any technical vari- ance shall be subject to the holder's taking of any alternative measures that the administrator may prescribe. The duration of each technical variance shall be until such practical means for prevention, abatement or control become known or available. The holder of a technical variance, as required by the administrator, shall make reports to the administrator detailing actions taken to develop a means of noise control or to reduce the noise involved and must relate these actions to pertinent current technology. (c) Economic variance. An economic variance may be granted by the administrator on the ground that compliance with the par- ticular requirement or requirements from which the variance is sought will require the taking of measures which, because of their extent or cost, must be spread over a period of time. The duration of an economic variance shall be for a period not to exceed such reasonable time as is required in the view of the administrator for the taking of the necessary measures. An eco- nomic variance shall contain a timetable for the taking of action in an expeditious manner and shall be conditioned on adherence to the timetable. 8.22.200 Authority of administrator. The administrator is authorized and directed to administer and enforce the provisions of this chapter; provided, that the chief of police is directed to enforce Section 8.22.060 through 8.22.110, Motor Vehicle Sound Levels, and Section 8.22.130, Public Disturbance Noises. Upon request by the administrator of the chief of police, all other city departments and divisions are authorized to assist them in enforcing this chapter. 8.22.210 Duties of administrator. The duties of the adminis- trator shall include, but are not limited to: (1) Obtaining assistance from other appropriate city departments and divisions; (2) Training field inspectors; (3) Acquiring measuring instruments and training inspectors in their calibration and use; - 21 - (4) Promulgating and publishing rules and procedures in accordance with this chapter, to establish techniques for measur- ing or reducing noise and to provide for clarification, interpre- tation, and implementation of this chapter; (5) Investigating citizens' noise complaints; Issuing orders for the reduction or elimination of accordance with Section 8.22.270; (6) noise in (7) Assisting citizens and city departments in evaluating and reducing the noise impact of their activities; (8) Assisting city planning officials in evaluating the noise component in planning and zoning actions; (9) Instituting a public education program on noise; (10) Reviewing at least every three years the provisions of this chapter and recommending revisions consistent with tech- nology to reduce noise. 8.22.220 made with operating or Type Standards Measurement of sound. If the measurement of, sound is a sound level meter, it shall be an instrument in good condition and shall meet the requirement for a Type I II instrument, as described in American National Institute Specifications, Section 1.4-1971. If the measurements are made with other instruments, or assemblages of instruments, the procedure must be carried out in such manner that the overall accuracy shall be at least that called for in Section 1.4-1971 for Type II instruments. 8.22.230 Measurement - Technical correction. When the location, distance or technique prescribed in this chapter for measurement of sound is impractical or would yield misleading or inaccurate results, measurements shall be taken at other locations or dis- tances using appropriate correction factors, as specified in the rules promulgated by the administrator. 8.22.240 Receiving properties within more than one district. Where a receiving property lies within more than one district, the maximum permissible sound level shall be determined by the district within which the measurement is made. 8.22.250 Enforcement - Right of entry. Upon presentation of proper credentials, the administrator, with the consent of the occupant, or with the consent of the owner of any unoccupied building, structure, property or portion thereof, or pursuant to a lawfully issued warrant, may enter at all resonable times, any building, structure, property or portion thereof to inspect the same whenever necessary to make an inspection to enforce or determine compliance with the provisions of this chapter or when- ever he has cause to believe that a violation of this chapter has been or is being committed; provided, if the building, structure, property or portion thereof is unoccupied, the administrator shall first make a reasonable effort to locate the owner or other persons having charge or control of the building, structure, property or portion thereof and demand entry. If the adminis- trator is unable to locate the owner or such other persons and he has reason to believe that conditions therein create an immediate health hazard or a public disturbance, then he shall make entry. 8.22.260 Enforcement - Administrative proceedings. Whenever the administrator has reason to believe that an unlawful act under this chapter has been committed, he shall initiate an adminis- trative proceeding as provided by Section 8.2.270, or initiate an enforcement action under Section 8.22.290; provided, however, that in the event the unlawful act constitutes a violation of the environmental sound levels established in Sections 8.22.060 through 8.22.110, and the same type of unlawful act has not been committed previously by the offender, then the administrator - 22 - shall initiate only an administrative proceeding as provided by Section 8.22.270. 8.22.270 Enforcement - Administrative procedure. (a) Notice and order. Whenever the administrator has reason to believe that a noise will be most promptly and equi- tably reduced by an administrative proceeding, that a public nuisance noise is being emitted, or that the terms of a variance have not been met, he may serve a written notice and order directed to the owner or operator of the source, the person in possession of the property where the sound originates, or the holder of the variance. One copy shall also be posted on the property or source, if reasonably possible, and another copy shall be mailed to each complainant (if any) about the noise; additional copies may be mailed by the administrator to such other interested or affected persons as the administrator deems appropriate. (1) The notice shall contain a brief and concise des- cription of the conditions alleged to be in violation or to be a public nuisance noise, the provision(s) of this chapter alleged to have been violated, and sound level readings, if taken, including the time and place of their recording. (2) The order shall contain a statement of the correc- tive action required and shall specify a reasonable time within which the action must be accomplished. (b) Method of Service. Service of the notice and order shall be made upon the persons named in the notice and order, either personally or by mailing a copy of the notice and order by certified mail, postage prepaid, return receipt requested, to each person at his last known address. If the whereabouts of the persons is unknown and cannot be ascertained by the administrator in the exercise of reasonable diligence, the administrator shall make affidavit to that effect, then the service of the notice and order upon the persons may be made by publishing them once each week for two consecutive weeks in the city official newspaper. The failure of any such person to receive the notice and order shall not affect the validity of any proceedings taken under this chapter. Service by certified mail in the manner provided in this section shall be effective on the date of mailing. (c) Final orders. Any order issued by the administrator pursuant to this chapter shall become final unless, no later than ten days after the order is served, a person named in the notice and order requests a hearing before the board of adjustment in accordance with subsection (a) of Section 8.22.280. (d) Administrative conferences. An informal administrative conference may be conducted at any time by the administrator for the purpose of bringing out all the facts and circumstances relating to an alleged violation, promoting communication between concerned parties, and providing a forum for efficient resolution of a violation. The administrator may call a conference in response to a request from any person aggrieved by an order of the administrator or the administrator may call a conference on his own motion. Attendance at the conferences shall be deter- mined by the administrator and need not be limited to those named in a notice and order. As a result of information developed at the conference, the administrator may affirm, modify or revoke his order. The holding of an administrative conference shall not be a prerequisite to use of any other enforcement provisions contained in this chapter. 8.22.280 Appeals. (a) Right to appeal. Any person aggrieved by an order issued by the administrator, including a variance decision, may file an appeal in writing with the city clerk, who shall accept - 23 - service on behalf of the board of adjustment within a period extending to five p.m. of the tenth day following the date of service of the order. The appeal shall be accompanied by a receipt from the finance director showing payment by the appel- lant of a filing fee of ten dollars. (b) Content of appeal. The written appeal shall contain the following information: (1) A brief statement setting forth any legal interest of each of the appellants in the property or equipment involved in the order or variance decision; (2) A brief statement in concise language of the spe- cific action protested, together with any material facts claimed to support the contentions of the appellant; (3) A brief statement of the relief sought, and the reason why it is claimed the protested action should be reversed, modified, or otherwise set aside; (4) The signatures of all parties named as appellants and their mailing addresses; (5) The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal. (c) Board of Adjustment's Consideration. The board of adjustment shall consider the appeal and within thirty days of the conclusion of the hearing, shall render its decision and mail its final order to the administrator and the appellant. The ruling or interpretation of the administrator may be affirmed, reversed or modified in the board of adjustment's final order. If the ruling or interpretation of the administrator is reversed or substantially modified, the board of adjustment shall direct that the filing fee be returned to the appellant. The decision of the board of adjustment shall be final, and the appellant and administrator bound thereby. 8.22.290 Penalties. A. Any person convicted of an offense defined by this chapter or made unlawful thereby shall be punished as provided in Section 8.01.050 of this Code. B. In addition to any other sanction or remedial injunctive procedure which may otherwise be available, any person failing to comply with a final order issued by the administrator or board of adjustment shall be subject to a civil penalty in an amount not to exceed one hundred dollars per day from the date set for compliance until such order is complied with. The civil penalty shall be collected by civil action, brought in the name of the City. The administrator shall notify the city attorney in writing of the name of any person subject to the penalty and the amount thereof; and the city attorney shall with the assistance of the administrator, take appropriate action to collect the penalty. The defendant in any such action may show, in mitigation of liability: 1. That the failure to comply was caused by the wilful act, or negelect or abuse of another; or 2. That action to comply with the order was commenced promptly upon receipt of notice thereof, but that full compliance within the time specified was prevented by inability to obtain necessary materials or labor, inability to gain access to the subject building, or other condition or circumstance beyond the control of defendant, and - 24 - 8.28.040 8.28.050 8.28.060 8.28.070 8.28.080 8.28.090 8.28.100 8.28.110 8.28.120 8.28.150 8.28.160 8.28.170 8.28.180 8.28.190 8.28.205 8.28.210 8.28.220 8.28.230 8.28.240 8.28.250 8.28.260 8.28.270 8.28.280 8.28.290 8.28.300 8.28.310 8.28.320 8.28.330 8.28.340 upon such a showing the court may remit all or part of the accumulated penalty as justice may require. Chapter 8.28 Nuisances Sections: 8.28.010 Defined generally 8.28.020 Specifically defined 8.28.030 Places not protected, from flies or rates - Foul or malodorous places Trash covered premises Animal manure Certain growth Uncovered trash or abandoned material Potential pest harborage or fire danger Dangerous, abandoned buildings or structures Dumping areas Waste vegetable or animal matter Place which occasions annoyances. Burning or disposing material in an annoying manner. Disorderly houses. Places where disturbance of the peace occurs. Place where liquor used illegally. Unguarded hole dangerous to life. Landscape maintenance. Person defined. Abatement. Care in abatement of nuisance --Assistance and means. Liability for costs of abatement. Buildings to be secured. Violation --Penalty. Growth or debris which obstruct public way. Failure to comply with Section 8.28.270. Enforcement of Sections 8.28.270 through 8.28.310. Notice. Nuisance abatement cost for Section 8.28.270. Abandoning or discarding refrigeration equipment. Permitting unused equipment to remain on premises. Keeping or storing equipment for sale. 8.28.010 Defined generally. A nuisance consists of doing an unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either: (1) Annoys, injures or endangers the comfort, repose, health or safety of others; (2) Offends decency; (3) Is offensive to the senses; (4) Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any stream, public park, parkway, square, sidewalk, street or highway in the city; (5) In any way renders other persons insecure in life or the use of property; or (6) Obstructs the free use of property so as to essentially interfere with the comfortable enjoyment of life and property. 8.28.020 Specifically defined. The following specific acts, omissions, places, conditions, and things are declared to be nuisances: The erecting, maintaining, using, placing, depositing, causing, allowing, leaving, or permitting to be or remain in or upon any private lot, building, structure or premises, or in or upon any street, avenue, alley, park, parkway, or other public or private place in the city, of any one or more of the following places, conditions, things, or acts to the prejudice, danger, or annoyance of others, as follows in Sections 8.28.030 through 8.28.200. 8.28.030 Places not protected from flies or rats --Foul or malodorous places. Privies, vaults, cesspools, sumps, pits or like places which are not securely protected from flies or rats, or which are foul or malodorous are declared to be nuisances. 8.28.040 Trash covered premises. Filthy, littered or trash covered premises, including all buildings and structures thereon and areas adjacent thereto are declared to be nuisances. 8.28.050 Animal manure. Animal manure in any quantity which is not securely protected from flies and the elements, or which is kept or handled in violation of any ordinance of the city is declared to be a nuisance. 8.28.060 Certain growth. Poison oak, poison ivy, deadly nightshade, or any noxious or toxic weed or uncultivated plant (whether growing or otherwise), weeds, tall grass, uncultivated shrubs or growth higher than two feet, or grass clippings, cut brush or cut weeds are declared to be nuisances. 8.28.070 Uncovered trash or abandoned material. Tin cans, bottles, glass, cans, ashes, small pieces of scrap iron, wire, metal articles, bric-a-brac, broken stone or all other trash or abandoned material, unless the same be kept in covered bins or metal receptacles approved by the health officer are declared to be nuisances. 8.28.080 Potential pest harborage or fire danger. Trash, litter, rags, accumulations of empty barrels, boxes, crates, packing cases, mattresses, bedding, excelsior, packing hay, straw, or other packing material, lumber not neatly piled, scrap iron, tin, and other metal not neatly piled, or anything whatsoever in which flies may breed or multiply or which provides harborage for rats or which may be a fire danger is declared to be a nuisance. 8.28.090 Dangerous, abandoned buildings or structures. Any unsightly and dangerous building, billboard or other structure, or any old, abandoned or partially destroyed building or structure, or any building or structure commenced and left unfinished are declared to be nuisances. 8.28.100 Dumping areas. All places used or maintained as junk yards or dumping grounds, or for the wrecking, dissembling, repair or rebuilding of automobiles, trucks, tractors or machinery of any kind, or for the storing or leaving of worn out, wrecked or abandoned automobiles, trucks, tractors or machinery of any kind or of any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, which said places are kept or maintained so as to essentially interfere with the comfortable enjoyment of life or property by others are declared to be nuisances. 8.28.110 Waste vegetable or animal matter. Any putrid, unsound or unwholesome bones, meat, hides, skins, or the - 26 - whole or any part of any dead animal, fish or fowl, butcher's trimmings and offal, or any waste vegetable or animal matter in any quantity, garbage, human excreta or other offensive substance are declared to be nuisances; Provided, nothing herein contained shall prevent the temporary retention of waste in receptables in the manner approved by the health officer of the city. 8.28.120 Place which occasions annoyances. The erection, continuance or use of any building, room or other place in the city for the exercise of any trade, employment or manufacture which, by occasioning noxious exhalations, offensive odors or other annoyances, is discomforting or offensive or detrimental to the health of individuals or of the public is declared to be a nuisance. 8.28.150 Burning or disposing material in an annoying manner. Burning or disposal of refuse, sawdust or other material in such a manner to cause or permit ashes, sawdust, soot or cinders to be cast upon the streets or alleys of the city, or to cause or permit the smoke, ashes, soot or gases arising from such burning to become annoying to any considerable number of persons or to injure or endanger the health, comfort or repose of said persons is declared to be a nuisance. 8.28.160 Disorderly houses. All disorderly houses, houses of prostitution or houses or premises kept or resorted to for the purposes of prostitution or lewdness, and all houses, premises, rooms, booths, or other structures used as places where people are employed for the purpose of prostitution, or in which people solicit, practice or carry on the business of prostitution, or in which the solicitation of drinks of intoxicating liquors or reputed intoxicants by patrons or employees for their own consumption is regularly and customarily permitted, or in which any drugs are being illegally kept, illegally sold, or illegally consumed are declared to be nuisances. 8.28.170 Places where disturbance of the peace occurs. Any premises, place or business establishment where drunkeness, fighting or breaches of the peace are carried on or permitted or tolerated, or where loud noises are carried on or permitted in such a way as to disturb the peace and tranquility of the neighborhood is declared to be a nuisance. 8.28.180 Place where liquor used illegally. Any building, room or rooms, place or places in the city kept or maintained in which intoxicating liquors are sold or given away contrary to law, or in which such liquors are kept or harbored for the evident purpose of selling or giving away the same contrary to law, or where persons are permitted to resort for the purpose of drinking intoxicating liquors, or where intoxicating liquors are kept for the purpose of inducing people to resort to buy or receive intoxicating liquors in violation of law is declared to be a nuisance. 8.28.190 Unguarded hole dangerous to life. Any unguarded or abandoned excavation, pit, well or hole dangerous to life is declared to be a nuisance. 8.28.205 Landscape maintenance. In addition to the foregoing it constitutes a nuisance for anyone to fail to maintain landscaping, including but not limited to, lawns, shrubs, trees and other plantings, whether of native growth or domestic vegetation in commercial, manufacturing or industrial, or multiple dwelling residential areas of the city; and it is a nuisance to fail to maintain landscaping as designated in the landscaping and maintenance plan required before occupancy areas of the city zoned C -M. - 27 - 8.28.210 Person defined. For the purpose of this chapter, "person", wherever used in this chapter, means and includes natural persons of either sex, firms, copartnerships and corporations, and all associations of natural persons, whether acting by themselves or by a servant or employee. 8.28.220 Abatement. When judgment is rendered against any person, firm or corporation finding it guilty of creating, keeping or maintaining a nuisance, as provided in this chapter, it shall be the duty of the court before whom the conviction is had, in addition to imposing the penalty or penalties herein provided, to order the defendant or defendants in such action to forthwith abate and remove such nuisance, and if the same is not done by such offender within twenty-four hours the nuisance shall be abated and removed under the direction fo the chief of police of the city or any other officer authorized by the order of the court. The order of abatement shall be entered upon the docket of the court and made a part of the judgment in the action. When any such nuisance is of such a character, and is so situated that it can be abated without the invasion or destruction of private property and further continuance is likely to result in expense to the city or injury to any person, it shall be the duty of the chief of police to abate and remove the same summarily without waiting for the conviction of the author thereof. 8.28.230 Care in abatement of nuisance --Assistance and means. In any case where a nuisance is to be abated by the chief of police, or any other officer thereto authorized, it shall be the duty of such officer to proceed with due care and without any unnecessary destruction of property, and he shall in all cases be authorized to employ such assistance and adopt such means as may be necessary to affect the entire abatement of the evil in question. 8.28.240 Liability for costs of abatement. Any person, firm or corporation found guilty of keeping or .maintaining a nuisance as provided in this chapter shall be liable for all costs and expenses of abating the same when the nuisance has been abated by any officer of the city and the costs and expenses shall be taxed as part of the costs of said prosecution against the party liable, to be recovered as other costs are recovered; Provided, that in such cases the city shall be liable in the first instance to pay the same, and in all cases where the chief of police or other officer abate any such nuisance he shall keep an account of all expenses attending the abatement. In addition to other powers herein given to collect such costs and expenses, the city may bring suit for the same in any court of competent jurisdiction against the person, firm or corporation creating, keeping or maintaining the nuisance so abated. 8.28.250 Buildings to be secured. Every agent or owner of any unoccupied building in the city shall keep the same securely closed at all times against persons who may enter and commit a nuisance therein. 8.28.260 Violation --Penalty. Any person, firm or corporation violating any of the provisions of this chapter or who creates, keeps or maintains any nuisance as herein defined, or any person present in such a place as is defined in Sections 8.28.160, 8.28.170 and b.28.180 shall upon conviction thereof be punished as provided in Section 8.01.050. 8.28.270 Growth or debris which obstruct public way. Trees, plants, shrubs or vegetation or parts thereof which so overhang any sidewalk or street or which are growing thereon in such manner as to obstruct or impair the free and full use of the sidewalk or street by the public are public - 28 - nuisances. Grass, weeds, bushes, trees, or vegetation growing or which has grown and died, or any debris upon any property and which are a fire hazard or a menace to public health, safety or welfare are likewise public nuisances. It is the duty of the owner of the property wherein or whereon any such nuisances exist to abate the nuisance by destroying, removing or trimming the growth or debris. 8.28.280 Failure to comply with Section 8.28.270. The failure or refusal to comply with any of the provisions of Section 8.28.270 hereof shall subject the offender to a fine not exceeding five hundred dollars or imprisonment in jail for a period not exceeding ninety days, or both such fine and imprisonment. 8.28.290 Enforcement of Sections 8.28.270 through 8.28.310. The Mayor or his designee shall enforce Sections 8.28.270 through 8.28.310 and if any property owner fails or refuses to abate any such nuisance as contemplated by Section 8.28.270, the city council may, after report filed by the Mayor or his designee, by resolution require such property owner, in addition to other penalties prescribed by this chapter to abate the nuisance by removal or destruction, at his cost and expense within a time specified in the resolution; and if the removal or destruction is not made by such owner within the time specified, the Mayor or designee may abate the same as provided in this Chapter. 8.28.300 Notice. The resolution mentioned in Section 8.28.290 hereof shall not be passed until the property owner is given at least five days notice of the pendency of the resolution; such notice shall be given by the Mayor or his designee by mailing a copy of the notice to the owner as shown upon the records of the county treasurer and at the address shown thereon; and if no owner and address is shown on such records, a copy of the notice shall be posted upon the property, and shall also be published in one issue of the official newspaper. The mailing, posting and publication shall be made at least five days before the resolution is adopted and proof shall be made by affidavit of the Mayor or his designee filed with the city clerk. The notice shall include the resolution number and both shall describe the property involved and the nature of the hazardous condition constituting the nuisance. 8.28.310 Nuisance abatement cost for Section 8.28.270. If the nuisance described in Section 8.28.270 is not abated by removal or destruction by the property owner within the time fixed in the resolution, the Mayor or his designee may abate the same and he shall render a bill covering the cost to the city of such abatement including the Mayor'sor his designee's expense, and mail the bill to the property owner. If the property owner fails or refuses to pay the bill immediately, or if no bill is rendered because he cannot be found, the Mayor in the name of the city may file a lien therefor against' said property which lien shall be in the same form, filed with the same officer and within the same time and manner and enforced and foreclosed as is provided by laws for liens for labor and material. 8.28.320 Abandoning or discarding refrigeration equipment. Any person who discards or abandons or leaves in any place accessible to children any refrigerator, icebox, or deep freeze locker having a capacity of one and one-half cubic feet or more, which is no longer in use, and which has not had the door removed or a portion of the latch mechanism removed to prevent latching or locking of the door, is guilty of a misdemeanor. 8.28.330 Permitting unused equipment to remain on premises. Any owner, lessee or manager who knowingly permits such an - 29 - unused refrigerator, icebox or deep freeze locker to remain on the premises under his control without having the door removed or a portion of the latch mechanism removed to prevent latching or locking of the door is guilty of a misdemeanor. 8.28.340 Keeping or storing equipment for sale. Any person who keeps or stores refrigerators, iceboxes or deep freeze lockers for the purpose of selling or offering them for sale shall not be guilty of a violation of Sections 8.28.320 through 8.28.340 if he takes ,reasonable precautions to effectively secure the door of any refrigerator, icebox or deep freeze locker held for purpose of sale so as to prevent entrance of children small enough to fit into such articles. Sections: 8.30.010 8.30.020 8.30.030 8.30.040 8.30.050 Chapter 8.30 Persons, Crimes Relating To Assault and other crimes involving physical harm Placing a person in fear or apprehension by threat Domestic violence Violation of no contact orders Custodial interference 8.30.010 Assault and other crimes involving physical harm. The following statutes of the state of Washington are adopted by reference: RCW 9A.36.040 RCW 9A.36.050 RCW 9A.36.070 RCW 9.61.230 RCW 9.61.240 RCW 9.61.250 Simple assault Reckless endangerment Coercion Telephone calls to harass, intimidate, torment or embarrass Permitting telephone to be used Offenses, where deemed committed 8.30.020 Placing a person in fear or apprehension by threat. A. Every person who shall intentionally place or attempt to place another person in reasonable fear or apprehension of bodily harm by means of a threat shall be guilty of a misdemeanor. B. For purposes of this section, "threat" means to communi- cate, directly or indirectly, by act, word or deed, whether written, spoken or otherwise communicated, the intent to imminently: 1. Cause bodily injury to the person threatened or any other person; or 2. Cause physical damage to the property of a person other than the person making the threat; or 3. Subject the person threatened or any other person to physical confinement or restraint. 8.30.030 Domestic violence: State statutes adopted by reference. The following statutes of the state of Washington as the same exist or shall hereafter be amended are hereby adopted by reference: RCW 10.99.020 RCW 10.99.030 RCW 10.99.040 RCW 10.99.045 RCW 10.99.050 RCW RCW RCW RCW 10.99.055 26.50.010 26.50.020 26.50.030 RCW 26.50.040 RCW RCW RCW RCW 26.50.050 26.50.060 26.50.070 26.50.080 RCW 26.50.090 RCW 26.50.100 RCW 26.50.110 RCW 26.50.120 RCW RCW RCW RCW 26.50.130 26.50.140 26.50.200 26.50.210 Definitions Law enforcement officers - Training, powers, duties Restrictions upon and duties of court Appearances by defendant - Orders prohibiting contact Restriction or prohibition of contact with victim - Procedures Enforcement of orders against defendants Definitions Commencement of action - Jurisdiction - Venue Petition for an order for protection - Availability of forms and instructional brochures - Filing fee - Bond not required Application for leave to proceed in forma pauperis Hearing - Service - Time Relief Ex parte temporary order for protection Issuance of order - Assistance of peace officer - Designation of appropriate law enforcement agency Order - Service Order - Transmittal to law enforcement agency - Record in law enforcement information system - Enforceability Violation of order - Penalties Violation of order - Prosecuting attorney or attorney for municipality may be requested to assist - Costs and attorney's fees Order - Modification - Transmittal Peace officers - Immunity Title to real estate - Effect Proceedings additional 8.30.040 Failure to abide by court order. It shall be unlawful for any person subject to a Restraining Order, Protection Order or No Contact Order issued under the provisions of state law, to knowingly and willfully violate the terms of that order. Each violation shall constitute a misdemeanor. 8.30.050 Custodial Interference. The following statute of the State of Washington is hereby adopted by reference: RCW 9A.40.070 Custodial RCW 9A.40.080 Custodial - Defense Sections: 8.40.010 8.40.020 8.40.030 8.40.040 interference in the second degree interference - Assessment of costs - Consent defense, restricted Chapter 8.40 Property, Crimes Relating To Theft, UIBC and possession of stolen property Malicious mischief and obscuring identity of machine Injury or destruction of property Trespass and related crimes 8.40.010 Theft, UIBC and Possession of Stolen Property. The following statutes of the state of Washington are adopted by reference: RCW RCW RCW RCW 9A.56.010 9A.56.020 9A.56.050 9A.56.060 RCW 9A.56.140 RCW 9A.56.170 RCW 9.54.130 Definitions. Theft --Definition, defense Theft in third degree (1)(2)(3)(5) Unlawful issuance of checks or drafts Possessing stolen property --Definition, credit cards, presumption Possessing stolen property in the third degree Restoration of stolen property --Duty of officers 8.40.020 Malicious Mischief and obscuring identity of machines. The following statutes of the State of Washington are adopted by reference: RCW 9A.48.090 Malicious mischief in the third degree RCW 9A.48.100(1) Malicious mischief and physical damage defined RCW 9A.56.180 Obscuring identity of a machine 8.40.030 Injury or Destruction of Property. It is unlawful for any person to wantonly destroy, cut, alter, remove, deface, mark or write upon, or in any manner injure any window, fence, gate bridge, dwelling, house, engine house, building, awning, railing or any other property, public or private, not his own, in an amount not exceeding $250.00. 8.40.040 Trespass and related crimes. The following the state of Washington are adopted by reference: RCW RCW RCW RCW RCW RCW RCW RCW 9A.52.010 9A.52.060 9A.52.070 9A.52.080 9A.52.090 9A.52.100 9A.52.120 9A.52.130 Sections: 8.50.010 8.50.020 8.50.030 statutes of Definitions Making or having burglary tools Criminal trespass in the first degree Criminal trespass in the second degree Criminal trespass -- Defenses Vehicle prowling Computer trespass in the second degree Computer trespass - Commission of other crime Chapter 8.50 Public Morals, Crimes Relating To Public indecency - Sex crimes Lewd conduct, lewd assault Indecent exposure 8.50.010 Public Indecency --Sex crimes. The following of the state of Washington are adopted by reference. statutes RCW 9A.44.120 Admissibility of child's statement conditions RCW 9A.44.010 (1) sexual intercourse defined RCW 9A.44.100 (2) sexual contact defined RCW 9A.88.030 Prostitution RCW 9A.88.050 Prostitution - No defense RCW 9A.88.090(1) Permitting prostitution 8.50.020 Lewd conduct - Lewd assault. (a) Definitions. For purposes of this section, the following definitions shall apply: (1) "Expressive dance" means any dance which, when considering the context of the entire performance, constitutes an expression of theme, story or ideas, but excluding any dance such as, but not limited to, common barroom -type topless dancing which, when considered in the context of the entire performance is presented primarily as a means of displaying nudity as a sales device or for other commercial exploitation without substantial expression of theme, story or ideas. (2) "Lewd act" means: (A) Touching, caressing or fondling the genitals; (B) Exposure of one's own erect penis; (C) Masturbation; (D) Sexual intercourse; (E) Urination or defecation other than in a restroom. Provided, however, that the foregoing to any: (1) "Expressive dance" 8.50.020(a)(1); (2) Play, opera, musical (3) Class, seminar or scientific or educational purpose; (4) Nudity within a locker room or facility used for changing clothing in connection or exercise activities. definition shall not apply as defined in Section or other similar work; lecture conducted for a other similar with athletic (3) "Public place" means: (A) Any place open to the public, including public restrooms; (B) Any place easily visible from a public thoroughfare or from the property of another; and (C) Any vehicle which is itself located in a public place as defined in this section, such that activities inside the vehicle may be observed by a member of the public. (4) "Lewd assault" means the uninvited touching, or uninvited attempt to touch, coupled with an apparent present ability to complete the act, another person's genitals, pubic area, or buttocks, or the female breast. (b) Lewd Conduct Prohibited. No person shall intentionally perform any lewd act (1) in a public place, or (2) in any place under such circumstances as to make it difficult for an unwilling member of the public to avoid exposure. (c) Lewd Assault Prohibited. No person shall intentionally commit a lewd assault. (d) Revocation of Business Licenses. If the owner, manager or operator of any premises open to the public intentionally permits any lewd act to occur in public on the premises, such permission shall constitute cause for the revocation of any business license granted or issued by the city for such premises. Revocation shall be accomplished pursuant to applicable city ordinances governing revocation proceedings. 8.50.030 Indecent exposure. (a) Definitions. for purposes of this section, the following definitions shall apply: (1) "Expressive dance" shall have the same measuring as in Section 8.50.020(a)(1); (2) "Indecent exposure" means showing, or making open to view, one's genitals, pubic area, or buttocks, or the mature female breast; Provided, however, that the foregoing definition shall not apply to any: (1) "Expressive dance" as defined in Section 8.50.020(a)(1); (2) Play, opera, musical or other similar work; (3) Class, seminar or lecture conducted for a scientific or educational purpose; (4) Nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities. (3) "Public place" means: (A) Any place open to the public, or open to (B) Any place easily visible from a public thoroughfare or from the property of another; and (C) Any vehicle which is itself located in a public place, as defined in this section, such that activities inside the vehicle may be observed by a member of the public. (b) Indecent exposure prohibited. No person shall intentionally make any indecent exposure of his/her person in a public place. (c) Revocation of business license. If the owner, manager or operator of any premises open to the public intentionally permits any indecent exposure to occur in public on the premises, such permission shall constitute cause for the revocation of any business license granted or issued by the city for such premises. Revocation shall be accomplished pursuant to applicable city ordinances governing revocation proceedings. public view; Sections: 8.60.010 8.60.020 8.60.030 Chapter 8.60 Public Officers, Crimes Relating To Obstructing public officers Obstructing justice, criminal assistance, introducing contraband and related offenses Escape 8.60.010 Obstructing Public Officers. It is unlawful for any person to willfully make any untrue, misleading or exaggerated statement, or to willfully hinder, delay or obstruct any public officer in the discharge of his or her official powers or duties. 8.60.020 Obstructing justice, criminal assistance, introducing contraband and related offenses. The following statutes of the state of Washington are adopted by reference: RCW 9.69.100 RCW RCW RCW RCW 9A.76.010 9A.76.030 9A.76.040 9A.76.050 RCW 9A.76.060 RCW 9A.76.090 RCW RCW RCW RCW Withholding knowledge of felony involving violence --Penalty Definitions Refusing to summon aid for a peace officer Resisting arrest Rendering criminal assistance --Definition of terms Relative defined Rendering criminal assistance in the third degree 9A.76.100 Compounding 9A.76.160 Introducing contraband in the third degree 9A.76.170(1)(2)(d) Bail jumping 9A.84.040 False reporting 8.60.030 Escape. The following statutes of the state of Washington are adopted by reference: RCW 9.31.090 Escaped prisoner recaptured RCW 9A.76.130 Escape in the third degree Sections: 8.70.010 8.70.020 8.70.030 8.70.040 8.70.050 Chapter 8.70 Public Peace, Crimes Relating To Disorderly conduct Riot, failure to disperse and obstruction Privacy Libel and slander Malicious prosecution 8.70.010 Disorderly conduct. A person is guilty of disorderly conduct if he: (a) Uses abusive language and thereby intentionally creates a risk of assault; or (b) Intentionally disrupts any lawful assembly or meeting of persons without authority; or (c) Intentionally obstructs vehicular or pedestrian traffic without lawful authority; or (d) Intentionally and without lawful authority makes noise which unreasonably disturbs another; or (e) Intentionally engages in any conduct which tends to or does disturb the public peace, provoke disorder, or endanger the safety of others. 8.70.020 Riot, failure to disperse and obstruction. The following statutes of the state of Washington are adopted by reference: RCW 9A.84.010(1)(2)(b) RCW 9A.84.020 RCW 9.27.015 Riot Failure to disperse Interference, obstruction of any court, building or residence Violations 8.70.030 Privacy, violating right of. The following the state of Washington are adopted by reference: RCW RCW RCW 9.73.010 9.73.020 9.73.030 RCW 9.73.070 RCW 9.73.090 RCW 9.73.100 statutes of Divulging telegram Opening sealed letter Intercepting, recording or divulging private communication --Consent required --Exceptions ---- Persons and activities excepted Police and fire personnel exempted from RCW 9.73.030 - 9.73.080 --Standards Recordings available to defense counsel 8.70.040 Libel and slander. The following statutes of the of Washington are adopted by reference: RCW 9.58.010 RCW 9.58.020 RCW RCW RCW RCW RCW RCW RCW RCW 9.58.030 9.58.040 9.58.050 9.58.070 9.58.080 9.58.090 9.58.100 9.58.120 state Libel, what constitutes How justified or excused --Malice, when presumed Publication defined Liability of editors and others Report of proceedings privileged Privileged communications Furnishing libelous information Threatening to publish libel Slander of financial institution Testimony necessary to convict - 35 - 8.70.050 Malicious prosecution --Abuse of process. The following statutes of the state of Washington are adopted by reference: RCW 9.62.010 RCW 9.62.020 Sections: 8.80.010 8.80.020 8.80.030 Malicious prosecution Instituting suit in name of another Chapter 8.80 Miscellaneous Crimes Conduct prohibited Littering and pollution United States and state flags 8.80.010 Conduct prohibited. The following statutes of the state of Washington are adopted by reference: RCW 9.91.010 RCW 9.91.020 RCW RCW RCW 9.91.025 9.91.110 9.03.010 RCW 9.03.020 RCW 9.03.030 RCW 9.03.040 Denial of civil rights --Terms defined Operating railroad, steamboat, vehicle, etc., while intoxicated Unlawful bus conduct Meal buyers --Records of purchases --Penalty Abandoning, discarding, refrigeration equipment Permitting unused equipment to remain on premises Violation of RCW 9.03.010 or 9.03.020 Keeping or storing equipment for sale 8.80.020 Littering and pollution. The following statutes of the state of Washington are adopted by reference: RCW 70.93.060 Littering RCW 70.54.010 Polluting water supply 8.80.030 United States and state flags, crimes relating to. The following statutes of the state of Washington are adopted by reference: RCW 9.86.010 RCW 9.86.020 RCW 9.86.030 RCW 9.86.040 Sections: 8.90.010 8.90.020 "Flag," etc., defined Improper use of flag prohibited Desecration of flag Application of provisions Chapter 8.90 Construction and Severability Construction Severability 8.90.010 Construction. In adopting the foregoing state statutes by reference, only those crimes and offenses within the jurisdic- tion of a noncharter city are intended to be adopted and in those sections adopted which deal with both misdemeanors and felonies, only the language applicable to misdemeanors is to be applied. 8.90.020 Severability. If any section, sentence, clause or phrase of this title should be held to be invalid or uncon- stitutional by a court of competent jurisdiction, such invali- dity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this title. Section 2. Swimming Pools. A new Chapter 16.25 entitled "Additional Swimming Pool Regulations", which chapter was formerly codified as Chapter 8.24, is hereby added to the Tukwila Municipal Code to read as follows: Sections: 16.25.010 16.25.020 16.25.030 16.25.040 16.25.050 Chapter 16.25 Additional Swimming Pool Regulations Location. Required fencing. Plan approval required. Public swimming pools. Conformance of prior -existing swimming pools. 16.25.010 Location. A swimming pool may not be located in any front yard required by the zoning code of the city, nor closer than five feet measured from the edge of the water surface to any exterior property line. 16.25.020 Required fencing. Every person who owns real property, or any person who is in possession of real property either as owner, purchaser under contract, as the lessee, tenant or licensee, and which real property is located within the boundaries of any residential district zone (R-1 through RMH) or which is located within the boundaries of any C-1, C-2 or M-1 district, and which property is located within the incorporated area of the city and upon which real property there is situated a man-made, hard -surfaced swimming pool, or, any person above named who hereinafter constructs upon any real property, as above designated, a man-made, hard -surfaced swimming pool, shall erect thereon and maintain thereupon a solid structure or a fence not less than five feet in height with no opening therein, other than doors or gates, larger than six inches square. The fence or other solid structure shall completely surround the swimming pool in such a manner as to minimize, as nearly as possible, the danger of unsupervised children gaining access thereto. All gates or doors opening through such enclosure shall be equipped with a self-closing and self -latching device designed to keep and capable of keeping such doors or gates securely closed at all times when not in actual use, and all latches shall be placed at least four and one-half feet above the ground or shall be made inaccessible to small children from the outside; Provided, however, that the door to any dwelling occupied by human beings and forming any part of the enclosure hereinabove required need not be so equipped. Such fencing and latches shall be installed prior to the filling of the pool with water for use. When a swimming pool that is located within a yard enclosed by a fence meets the requirements of this chapter, and when the gates or doors in the fence meet the requirements of this chapter, no fence immediately surrounding the swimming pool shall be required. 16.25.030 Plan approval required. Plans for swimming pools to be constructed shall be submitted to the building department, - 37 - and shall show on their face the form of proposed compliance with the requirements of this chapter, and the final inspection and approval of all pools hereafer constructed shall be withheld until all requirements of this chapter shall have been complied with. Use of the swimming pools before final inspection and approval shall constitute a violation of this chapter. 16.25.040 Public swimming pools. The provisions of this chapter shall not apply to public swimming pools for which a charge or admission price is required to be paid for the use thereof, nor to swimming pools which are a part of and located upon the same premises as a hotel or motel, nor to swimming pools operated by a school district when the pools are made unavailable except at times when attended by adult supervisors or guards. 16.25.050 Conformance of prior -existing swimming pools. Swimming pools of a type subject to the provisions of this chapter which were in existence on the effective date of the ordinance codified herein but which swimming pools do not possess the safety features required in this chapter shall, within a period of not to exceed six months from the effective date of the ordinance codified herein, be brought into conformity with the provisions and requirements of this chapter. Swimming pools not brought into conformity within the period of time herein stipulated are hereby declared to be public nuisances and public hazards, and the owners of the premises upon which such pools exist shall be subject to the penalties prescribed herein. Section 3. Effect on Previously Committed Offenses. The provisions of this ordinance do not apply to or govern the construction of and punishment for any offense committed prior to the effective date of this ordinance, or the construction and application of any defense to a prosecution for such an offense. Such an offense must be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if this ordinance had not been enacted. Section 4. Duties of City Clerk. The City Clerk is hereby directed to maintain not less than one (1) copy of all state statutes adopted by reference as part of Title 8 on file in the Office of the City Clerk for use and examination by the public pursuant to RCW 35A.12.140. Section 5. Effective Date. This ordinance, or a summary thereof approved by the City Council, shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this day of , 1985. APPROVED: IP ATTEST/AUTHENTICATED: / ./ f 1 CITE' C ERK, MAXINE ANDERSON APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By L 41.11P Mgr MA OR, GARY L. VAN DUSEN FILED WITH THE CITY CLER PASSED BY THE CITY COUNC PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. J&3 TUK-3 JEH/totj 09/11/85 ORDINANCE SUMMARY ORDINANCE NO. 1363 AN ORDINANCE OF THE CITY OF TUKWILA, WASHING- TON, AMENDING TITLE 8 OF THE TUKWILA MUNICI- PAL CODE TO REVISE AND RENUMBER THE CRIMINAL PROVISIONS THEREIN, ADDING A NEW CHAPTER 16.25 TO THE TUKWILA MUNICIPAL CODE ENTITLED "ADDITIONAL SWIMMING POOL REGULATIONS", WHICH CHAPTER WAS FORMALLY CODIFIED AS CHAPTER 8.24, PRESCRIBING THE EFFECT OF THE NEW CRIMINAL CODE ON PREVIOUSLY COMMITTED OFFENSES, DIRECTING THE CLERK TO MAINTAIN ON FILE A COPY OF STATE STATUTES ADOPTED BY REFERENCE AND ESTABLISHING AN EFFECTIVE DATE. On September 16 , 1985, the City Council of the City of Tukwila, Washington, adopted Ordinance No. 1363 , which provides as follows: Section 1. Title 8 amended. Amends Title 8 of the Tukwila Municipal Code as follows: Sections 8.01.010 - .040. Adopt the following statutes of the State of Washington by reference: RCW 9.01.055 9.01.110 9.01.130 9A.04.020 9A.04.050 9A.04.060 9A.04.070 9A.04.090 9A.04.100 9A.04.110 9A.08.010 9A.08.020 9A.08.030 9A.12.010 9A.16.010 9A.16.020 9A.16.060 9A.16.070 9A.16.080 9A.16.090 7.20.010 7.20.020 7.20.030 7.20.040 7.20.050 7.20.060 7.20.070 7.20.080 7.20.090 7.20.100 7.20.110 7.20.120 7.20.130 7.20.140 9.23.010 Section 8.01.050 Penalty. Unless otherwise provided, any person violating any of the provisions of Title 8 shall be guilty of a misdemeanor, and upon conviction thereof, be punished by a fine not to exceed Five Thousand Dollars ($5,000.00) or by imprisonment in jail for a term not exceeding one (1) year, or by both such fine and imprisonment. Section 8.02.010. Adopts the following state statutes by reference: 9.04.010, 9.04.030, and 9.04.040. Section 8.03.010. Adopts the following state statutes by reference: RCW 66.04.010 66.20.200 66.28.080 66.28.090 66.44.010 66.44.040 66.44.050 66.44.060 66.44.070 66.44.080 66.44.090 66.44.100 66.44.120 66.44.130 66.44.140 66.44.150 66.44.160 66.44.170 66.44.175 66.44.180 66.44.200 66.44.210 66.44.240 66.44.250 66.44.270 66.44.280 66.44.290 66.44.291 66.44.300 66.44.310 66.44.316 66.44.320 66.44.325 66.44.340 66.44.370 Section 8.05.010. Adopts RCW 9A.28.020(1), (2), (3)(e), 9A.28.030 and 9A.28.040(1), (2), (3)(e). Section 8.06.010. Adopts RCW 9.91.060, 9.68A.090, 9.68A.011, 9.68A.070, and 9.68A.080. Section 8.68.020. Provides that any person contributing to the delinquency of a minor is guilty of a misdemeanor. Section 8.07.010. Adopts RCW 69.50.101, 69.50.102, 69.50.204(d)(13), 69.50.309, 69.50.401(e), 69.50.412, 69.50.505, 69.50.506 and 69.50.509 by reference. Section 8.07.020. Prohibits possessing drug paraphrenalia. Section 8.07.030. Adopts RCW 8.47A.010, 8.47A.020, 8.47A.030 and 8.47A.040 by reference. Section 8.08.010. Declares certain audible alarms to be a nuisance. Section 8.08.020. Requires notice to the police department of connection of outside audible intrusion alarms. Section 8.08.030. Prohibits connecting an automatic telephone dialing system to Tukwila Police Department, the Tukwila Fire Department or Valley Communications Section 8.08.040. Requires owners of premises on which two false alarms have occurred during a calendar year to pay to the City the sum of Twenty Five Dollars ($25.00) for each false alarm in excess of two, provides exemptions from such requirement, and provides that the failure to timely make any payment required is a civil infraction. Sections 8.09.010 and 8.09.020. Adopt RCW 9A.48.050, 9A.48.060 and 9.40.040. Section 8.10.010. Adopts the following state statutes by reference: RCW 9.41.010 9.41.050 9.41.060 9.41.070 9.41.080 9.41.090 9.41.093 9.41.095 9.41.098 9.41.100 9.41.120 9.41.130 9.41.140 9.41.150 9.41.170 9.41.230 9.41.240 9.41.250 9.41.260 9.41.270 9.41.280 Section 8.10.020(A) and (B). Prohibit pointing or shooting air guns. Section 8.10.020(C). Any person convicted of a violation of the provisions of this section is guilty of a misdemeanor and, in addition to any other punishment imposed by the court, the court shall direct that the weapon so used in violation of the provisions hereof be confiscated. Section 8.10.030. Prohibits the discharge of firearms by persons other than law enforcement officers where there is a likelihood of injuries to persons, animals or property, except upon a rifle or pistol firing range. Section 8.10.040(A) -(C). Prohibits the carrying of weapons on liquor sale premises, provides exceptions for persons engaged in military activities, law enforcement personnel, security personnel and the proprietor and employees and requires warning signs to be posted in conspicuous places on the premises. Section 8.10.040(D). Upon conviction said weapon or instrument involved may be confiscated by order of the presiding judge and shall thereafter be disposed of in accordance with statutes or ordinances governing the disposal of confiscated or found property. Section 8.10.050 Penalty. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, be punished by a fine not to exceed One Thousand Dollars ($1,000.00), or by imprisonment in jail for a term not exceeding ninety (90) days, or by both such fine and imprisonment. Section 8.16.010. Prohibits interfering with firefighters on duty at a fire or drill. Section 8.16.020. Prohibits following fire apparatus at a distance closer than 500 feet. Section 8.16.030. Prohibits driving over unprotected fire hoses. Section 8.20.010 - .020. Adopt the following state statutes by reference: RCW 9.45.040 9.45.060 9.45.062 9.45.070 9.45.080 9.45.090 9.45.100 9.45.120 9.45.150 9.45.180 9.45.190 9.45.240 9.45.250 9A.60.040 9A.60.050 9.38.010 9.38.020 Section 8.22.010. Declares policy regarding noise. Section 8.22.020. Defines terms used in connection with noise regulations. Section 8.22.030. Prohibits the causing or permitting of sounds exceeding the maximum permissible sound levels established by this chapter. Section 8.22.040. Establishes maximum permissible sound levels for residential, commercial and industrial areas. Section 8.22.050. Provides for modification of maximum permissible sound levels during certain hours of the day and for certain types of sounds. Section 8.22.060. Establishes maximum permissible motor vehicle sound levels. Section 8.22.070. Prohibits operating a vehicle without a muffler. Section 8.22.080. Prohibits modifying or operating a vehicle which has been modified to allow sound emissions in excess of permissible limits. Section 8.22.090. Prohibits squealing, screeching or causing other sounds to be emitted by tires during rapid acceleration. Section 8.22.100. Prohibits the sale of new motor vehicles, except off-road vehicles, which produce sounds in excess of maximum permissible limits. Section 8.22.110. Exempts motor vehicles from certain sections of the chapter. Section 8.22.120. Allows the administrator to determine sounds to be public nuisances, and prohibits the causing of such sounds. Section 8.22.130. Prohibits the causing or permitting of certain public disturbance noises. Section 8.22.140 - .170. Exempts certain sounds from the provisions of the chapter. Section 8.22.180 - .190. Establish procedures for obtaining a variance from the requirements of Chapter 8.22. Section 8.22.200. Authorizes the administrator to enforce the provisions of Chapter 8.22. Section 8.22.210. Establishes the duties of the administrator. Section 8.22.220 - .230. Establish techniques for measuring sound. Section 8.22.240. Provides that where receiving property lies within more than one district, the maximum permissible sound level shall be determined by the district within which the measurement is made. Section 8.22.250 - .270. Provide procedures for administrative enforcement of Chapter 8.22. Section 8.22.280. Establishes a procedure for appealing decisions of the admiistrator to the Board of Adjustment. Section 8.22.290. Penalties. A. Any person convicted of an offense defined by this Chapter or made unlawful thereby shall be punished as provided in Section 8.01.050 of this Code. B. In addition to any other sanction or remedial injunctive procedure which may otherwise be available, any person failing to comply with a final order issued by the administrator or board of adjustment shall be subject to a civil penalty in an amount not to exceed One Hundred Dollars ($100.00) per day from the date set for compliance until such order is complied with. The civil penalty shall be collected by civil action, brought in the name of the city. The administrator shall notify the city attorney in writing of the name of any person subject to the penalty and the amount thereof; and the city attorney shall with the assistance of the administrator, take appropriate action to collect the penalty. The defendant in any such action may show, in mitigation of liability: (1) That the failure to comply was caused by the willful act, or neglect or abuse of another; or (2) That action to comply with the order was commenced promptly upon receipt of notice thereof, but that full compliance within the time specified was prevented by inability to obtain necessary materials or labor, inability to gain access to the subject building, or other condition or circumstance beyond the control of defendant, and upon such a showing the court may remit all or part of the accumulated penalty as justice may require. Section 8.28.010. Defines nuisances generally. Section 8.28.020. Defines certain specific acts, omissions, places, conditions and things to be nuisances. Section 8.28.030 - .205. Declare places not protected from flies or rats, trash -covered premises, animal manure, certain plant growth, uncovered trash, potential pest harborage or fire danger, dangerous, abandoned buildings or structures, dumping areas, waste vegetable or animal matter, places which occasion annoyances, burning or disposing of material in an annoying manner, disorderly houses, places where disturbance of the peace occurs, places where liquor is used illegally, unguarded holes dangerous to life, and unmaintained landscaping to be public nuisances. Section 8.28.210. Defines person for purposes of Chapter 8.28. Section 8.28.220 - .240. Establish procedures for the abatement of public nuisances. Section 8.28.250. Requires unoccupied buildings to be securely closed. Section 8.28.260. Violation - Penalty. Any person, firm or corporation violating any of the provisions of this chapter, or who creates, keeps or maintains any nuisance as herein defined, or any person present in such a place as is defined in Sections 8.28.160, 8.28.170 and 8.28.180 shall, upon conviction thereof, be punished as provided in Section 8.01.050. Section 8.28.270. Declares growth or debris obstructing public rights of way and vegetation or debris which constitutes a fire hazard or menace to public health, safety or welfare to be public nuisances. Section 8.28.280. Failure to comply with Section 8.28.270. The failure or refusal to comply with any of the provisions of Section 8.28.270 hereof shall subject the offender to a fine not exceeding Five Hundred Dollars ($500.00) or imprisonment in jail for not exceeding ninety (90) days or both. Section 8.28.290. Authorizes the Mayor or his designee to enforce Section 8.28.0270 - 8.28.310. Section 8.28.300. Provides for notice of enforcement to be given to the property owner. Section 8.28.310. Requires the property owner to pay the cost of abatement. Section 8.28.320. Prohibits the discarding or abandoning of refrigeration equipment. Section 8.28.330. Prohibits knowingly permitting unused refrigeration equipment on premises without having the door or latch mechanism removed. Section 8.28.340. Exempts the keeping or storing of refrigeration equipment for the purpose of sale from the provisions of Chapter 8.28 under certain conditions. Section 8.30.010. Adopts RCW 9A.36.040, 9A.36.050, 9A.36.070, 9.61.230, 9.61.240 and 9.61.250 by reference. Section 8.30.020. Prohibits intentionally placing or attempting to place another person in reasonable fear or apprehension of bodily harm by means of a threat. Section 8.30.030. Adopts the following state statutes by reference; RCW 10.99.020 10.99.030 10.99.040 10.99.045 10.99.050 10.99.055 26.50.010 26.50.020 26.50.030 26.50.040 26.50.050 26.50.060 26.50.070 26.50.080 26.50.090 26.50.100 26.50.110 26.50.120 26.50.130 26.50.140 26.50.200 26.50.210 Section 8.30.040. Prohibits any person subject to a restraining order, protection order or no -contact order, from knowingly and willfully violating the same. Section 8.30.050. Adopts RCW 9A.40.070 and 9A.40.080 by reference. Section 8.40.010. Adopts RCW 9A.56.010, 9A.56.020, 9A.56.050, 9A.56.060(1), (2), (3) and (5), 9A.56.140, 9A.56.170, and 9.54.130 by reference. Section 8.40.020. Adopts RCW 9A.48.090, 9A.48.100(1) and 9A.56.180 by reference. Section 8.40.030. Makes it unlawful for any person to destroy or injure property of others in an amount not exceeding Two Hundred and Fifty Dollars ($250.00). Section 8.40.040. Adopts RCW 9A.52.010, 9A.52.060, 9A.52.070, 9A.52.080, 9A.52.090, 9A.52.100, 9A.52.120 and 9A.52.130 by reference. Section 8.50.010. Adopts RCW 9A.44.120, 9A.44.010(1), 9A.44.100(2), 9A.88.030, 9A.88.050 and 9A.88.090(1) by reference. Section 8.50.020. Defines and prohibits lewd conduct and lewd assault and provides for the revocation of business licenses issued for any premises on which lewd acts are permitted to occur. Section 8.50.030. Defines and prohibits indecent exposure and provides for the revocation of business licenses issued for any premises on which indecent exposure is permitted to occur. Section 8.60.010. Defines and prohibits obstructing public officers. Section 8.60.020. Adopts the following state statutes by reference: RCW 9.69.100 9A.76.010 9A.76.030 9A.76.040 9A.76.050 9A.76.060 9A.76.090 9A.76.100 9A.76.160 9A.76.170(1)(2)(d) 9A.84.040 Section 8.60.030. Adopts RCW 9.31.090 and 9A.76.130 by reference. Section 8.70.010. Defines and prohibits disorderly conduct. Section 8.70.020- 8.70.050. Adopt the following state statutes by reference: RCW 9A.84.010(1)(2)(b) 9A.84.020 9.27.015 9.73.010 9.73.020 9.73.030 9.73.070 9.73.090 9.73.100 9.58.010 9.58.020 9.58.030 9.58.040 9.58.050 9.58.070 9.58.080 9.58.090 9.58.100 9.58.120 9.62.010 9.62.020 Section 8.80.010 - .030. Adopt the following state statutes by reference: RCW 9.91.010 9.91.020 9.91.025 9.91.110 9.03.010 9.03.020 9.03.030 9.03.040 70.93.060 70.54.010 9.86.010 9.86.020 9.86.030 9.86.040 Section 8.90.010. Provides rules for constructing Title 8. Section 8.90.020. Provides that sections, sentences, clauses and phrases of Title 8 are severable. Section 2. Adds a new Chapter 16.25 entitled "Additional Swimming Pool Regulations" which Chapter was formerly codified as Chapter 8.24 to the Tukwila Municipal Code. Said Chapter provides as follows: 16.25.010. Regulates the location of swimming pools. 16.25.020. Requires fences to be installed around swimming pools. 16.25.030. Requires plan approval by the Building Department for the construction of swimming pools in the City. 16.25.040. Exempts public swimming pools from the provisions of Chapter 16.25. 16.25.050. Requires existing swimming pools to be brought into conformity within six months of the effective date of this ordinance. Section 3. Prescribes the effect of the ordinance on previously committed offenses. Section 4. Directs the City Clerk to maintain a copy of the state statutes adopted by reference in Title 8 on file in the Clerk's office. Section 5. Establishes an effective date. The full text of this ordinance will be mailed to anyone who submits a written request for a copy of the .text to the city Clerk of the City of Tukwila. Published Renton Chronicle: 9/25/85